CS/SB 1170: Florida Trust Code
GENERAL BILL by Judiciary ; Aronberg
Florida Trust Code; creates "Florida Trust Code"; provides general provisions & definitions; provides for judicial proceedings; provides for creation, validity, modification, & termination of trusts; provides for spendthrift, discretionary, & revocable trusts; provides for liability of trustee & rights of persons dealing with trustee; abolishes worthier title doctrine; provides construction of certain instrument language, etc. Amends FS.
Effective Date: 07/01/2007
Last Action: 6/14/2006 - Approved by Governor; Chapter No. 2006-217; See also HB 191 (Ch. 2006-77)
Bill Text: Web Page | PDF
Last Action: 6/14/2006 - Approved by Governor; Chapter No. 2006-217; See also HB 191 (Ch. 2006-77)
Bill Text: Web Page | PDF
Bill History
| Date | Chamber | Action |
|---|---|---|
| 12/9/2005 | Senate |
• Filed |
| 1/11/2006 | Senate |
• Referred to Judiciary; Banking and Insurance |
| 3/3/2006 | Senate |
• On Committee agenda-- Judiciary, 03/08/06, 2:00 pm, 401-S |
| 3/7/2006 | Senate |
• Introduced, referred to Judiciary; Banking and Insurance -SJ 00110; On Committee agenda-- Judiciary, 03/08/06, 2:00 pm, 401-S |
| 3/8/2006 | Senate |
• CS by Judiciary; YEAS 6 NAYS 0 -SJ 00236; CS read first time on 03/15/06 -SJ 00249 |
| 3/10/2006 | Senate |
• Now in Banking and Insurance -SJ 00236 |
| 3/16/2006 | Senate |
• On Committee agenda-- Banking and Insurance, 03/21/06, 2:00 pm, 412-K |
| 3/21/2006 | Senate |
• Favorable by- Banking and Insurance; YEAS 8 NAYS 0 -SJ 00276 |
| 3/22/2006 | Senate |
• Placed on Calendar, on second reading -SJ 00276 |
| 3/30/2006 | Senate |
• Placed on Special Order Calendar -SJ 00354; Read second time -SJ 00349 |
| 4/5/2006 | Senate |
• Read third time -SJ 00367; CS passed; YEAS 39 NAYS 0 -SJ 00367 |
| 4/6/2006 | House |
• In Messages |
| 4/18/2006 | House |
• Received, referred to Calendar -HJ 00459 |
| 4/20/2006 | House |
• Placed on Special Order Calendar; Substituted for HB 425 -HJ 00535; Read second time -HJ 00535 |
| 4/21/2006 | House |
• Read third time -HJ 00545; CS passed; YEAS 113 NAYS 0 -HJ 00545 |
| 4/24/2006 | Senate |
• Ordered enrolled -SJ 00607 |
| 6/7/2006 |
• Signed by Officers and presented to Governor |
|
| 6/14/2006 |
• Approved by Governor; Chapter No. 2006-217; See also HB 191 (Ch. 2006-77) |
Related Bills
| Bill Number | Subject | Filed By | Relationship | Last Action and Location |
|---|---|---|---|---|
| H 425 | Mahon | Similar | Last Action: 4/20/2006 H Placed on Special Order Calendar; Substituted CS/SB 1170; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/SB 1170 (Ch. 2006-217), HB 191 (Ch. 2006-77) -HJ 00535 | |
| H 191 (e1) | Bogdanoff | Compare | Last Action: 6/6/2006 Approved by Governor; Chapter No. 2006-77; See also HB 193 (Ch. 2006-129), CS/SB 1170 (Ch. 2006-217) | |
| S 356 (e1) | Guardianship/Court Monitors | Campbell | Compare | Last Action: 4/19/2006 S Substituted HB 191 -SJ 00437; Laid on Table, Link/Iden/Sim/Compare passed, refer to HB 191 (Ch. 2006-77), HB 193 (Ch. 2006-129), CS/SB 1170 (Ch. 2006-217) |
Bill Text
| Version | Posted | Format |
|---|---|---|
| S 1170 Filed | 12/9/2005 10:59 AM | Web Page | PDF |
| S 1170 c1 | 3/10/2006 3:35 PM | Web Page | PDF |
| S 1170 er | 4/24/2006 5:37 PM | Web Page | PDF |
Committee Amendments
Floor Amendments
No Floor Amendments Available
Bill Analyses
| Type | Analysis | Author | Posted | Format |
|---|---|---|---|---|
| Bill Analysis | S 1170 | Banking and Insurance (Post-Meeting) | 3/21/2006 12:00 AM | |
| Bill Analysis | S 1170 | Judiciary (Post-Meeting) | 3/10/2006 12:00 AM |
Vote History - Committee
| Version | Committee | Date | Result |
|---|---|---|---|
| S 1170 Filed | Judiciary | 3/8/2006 2:00 PM | 6 Yeas - 0 Nays |
| S 1170 c1 | Banking and Insurance | 3/21/2006 2:00 PM | 8 Yeas - 0 Nays |
Vote History - Floor
| Vote | Date | Chamber | Result |
|---|---|---|---|
| S 1170 c1 | 4/5/2006 9:55 AM | Senate | 39 Yeas - 0 Nays |
| S 1170 c1 | 4/21/2006 10:10 AM | House | 113 Yeas - 0 Nays |
Citations - Statutes (224)
| Citation | Catchline | Location in Bill Location In Bill Help |
|---|---|---|
| 497.458 | Disposition of proceeds received on contracts. | |
| 518.117 | ||
| 607.0802 | Qualifications of directors. | |
| 660.25 | Definitions. | |
| 660.417 | Investment of fiduciary funds into mutual fund accounts; permissible activity under certain circumstances. | |
| 660.418 | Investment of fiduciary funds in syndicate securities. | |
| 660.46 | Substitution of fiduciaries. | |
| 689.071 | Land trusts transferring interests in real estate; ownership vests in trustee. | |
| 689.075 | Inter vivos trusts; powers retained by settlor. | |
| 689.175 | ||
| 709.08 | Durable power of attorney. | |
| 721.08 | Escrow accounts; nondisturbance instruments; alternate security arrangements; transfer of legal title. | |
| 721.53 | Subordination instruments; alternate security arrangements. | |
| 731.103 | Evidence as to death or status. | |
| 731.1035 | ||
| 731.201 | General definitions. | |
| 731.303 | Representation. | |
| 732.2075 | Sources from which elective share payable; abatement. | |
| 732.513 | Devises to trustee. | |
| 732.603 | Antilapse; deceased devisee; class gifts. | |
| 732.604 | Failure of testamentary provision. | |
| 732.611 | Devises to be per stirpes. | |
| 733.212 | Notice of administration; filing of objections. | |
| 733.602 | General duties. | |
| 733.805 | Order in which assets abate. | |
| 733.817 | Apportionment of estate taxes. | |
| 736.0101 | ||
| 736.0102 | ||
| 736.0103 | ||
| 736.0104 | ||
| 736.0105 | ||
| 736.0106 | ||
| 736.0107 | ||
| 736.0108 | ||
| 736.0109 | ||
| 736.0110 | ||
| 736.0111 | ||
| 736.0112 | ||
| 736.0201 | ||
| 736.0202 | ||
| 736.0203 | ||
| 736.0204 | ||
| 736.0205 | ||
| 736.0206 | ||
| 736.0207 | ||
| 736.0301 | ||
| 736.0302 | ||
| 736.0303 | ||
| 736.0304 | ||
| 736.0305 | ||
| 736.0306 | ||
| 736.0401 | ||
| 736.0402 | ||
| 736.0403 | ||
| 736.0404 | ||
| 736.0405 | ||
| 736.0406 | ||
| 736.0407 | ||
| 736.0408 | ||
| 736.0409 | ||
| 736.0410 | ||
| 736.04113 | ||
| 736.04115 | ||
| 736.0412 | ||
| 736.0413 | ||
| 736.0414 | ||
| 736.0415 | ||
| 736.0416 | ||
| 736.0417 | ||
| 736.0501 | ||
| 736.0502 | ||
| 736.0503 | ||
| 736.0504 | ||
| 736.0505 | ||
| 736.05053 | ||
| 736.05055 | ||
| 736.0506 | ||
| 736.0507 | ||
| 736.0601 | ||
| 736.0602 | ||
| 736.0603 | ||
| 736.0604 | ||
| 736.0701 | ||
| 736.0702 | ||
| 736.0703 | ||
| 736.0704 | ||
| 736.0705 | ||
| 736.0706 | ||
| 736.0707 | ||
| 736.0708 | ||
| 736.0709 | ||
| 736.0801 | ||
| 736.0802 | ||
| 736.0803 | ||
| 736.0804 | ||
| 736.0805 | ||
| 736.0806 | ||
| 736.0807 | ||
| 736.0808 | ||
| 736.0809 | ||
| 736.0810 | ||
| 736.08105 | ||
| 736.0811 | ||
| 736.0812 | ||
| 736.08125 | ||
| 736.0813 | ||
| 736.08135 | ||
| 736.0814 | ||
| 736.08147 | ||
| 736.0815 | ||
| 736.0816 | ||
| 736.08163 | ||
| 736.08165 | ||
| 736.0817 | ||
| 736.0901 | ||
| 736.1001 | ||
| 736.1002 | ||
| 736.1003 | ||
| 736.1004 | ||
| 736.1005 | ||
| 736.1006 | ||
| 736.1007 | ||
| 736.1008 | ||
| 736.1009 | ||
| 736.1010 | ||
| 736.1011 | ||
| 736.1012 | ||
| 736.1013 | ||
| 736.1014 | ||
| 736.1015 | ||
| 736.1016 | ||
| 736.1017 | ||
| 736.1018 | ||
| 736.1101 | ||
| 736.1102 | ||
| 736.1103 | ||
| 736.1104 | ||
| 736.1105 | ||
| 736.1106 | ||
| 736.1107 | ||
| 736.1108 | ||
| 736.1201 | ||
| 736.1202 | ||
| 736.1203 | ||
| 736.1204 | ||
| 736.1205 | ||
| 736.1206 | ||
| 736.1207 | ||
| 736.1208 | ||
| 736.1209 | ||
| 736.1210 | ||
| 736.1301 | ||
| 736.1302 | ||
| 736.1303 | ||
| 737.101 | Principal place of administration of trust. | |
| 737.105 | Qualification of foreign trustee. | |
| 737.106 | Revocable trust prior to dissolution of marriage. | |
| 737.111 | Execution requirements for express trusts. | |
| 737.115 | Notice of trustee duties. | |
| 737.116 | Trust for care of animal. | |
| 737.201 | Court powers over trusts. | |
| 737.202 | Trust proceedings; venue. | |
| 737.203 | Trust proceedings; dismissal of matters relating to foreign trusts. | |
| 737.2035 | Costs and attorney's fees in trust proceedings. | |
| 737.204 | Proceedings for review of employment of agents and review of compensation of trustee and employees of trust. | |
| 737.2041 | Trustee's attorney's fees. | |
| 737.205 | Trust proceedings; commencement. | |
| 737.206 | Effect of fraud, duress, mistake, and undue influence. | |
| 737.2065 | Trust contests. | |
| 737.207 | Penalty clause for contest. | |
| 737.208 | Administration pending outcome of contest or other proceeding. | |
| 737.209 | Improper distribution or payment; liability of distributee. | |
| 737.301 | General duties not limited. | |
| 737.302 | Trustee's standard of care and performance. | |
| 737.303 | Duty to inform and account to beneficiaries. | |
| 737.3035 | Trust accountings. | |
| 737.304 | Duty to provide bond. | |
| 737.305 | Trustee's duty concerning location of trust. | |
| 737.3053 | Trustee's duty to distribute trust income. | |
| 737.3054 | Trustee's duty to pay expenses and obligations of grantor's estate. | |
| 737.3055 | Trustee's duty to ascertain marketable title of trust real property. | |
| 737.306 | Personal liability of trustee. | |
| 737.3061 | Limitations on actions against certain trusts. | |
| 737.307 | Limitations on proceedings against trustees after beneficiary receives trust disclosure documents. | |
| 737.308 | Notice of trust. | |
| 737.309 | Resignation of trustee. | |
| 737.401 | Powers of trustee conferred by trust or by law. | |
| 737.402 | Powers of trustees conferred by this part. | |
| 737.4025 | Powers of trustees conferred by this part in relation to environmental or human health laws affecting trust property or to trust property contaminated with hazardous or toxic substances; liability. | |
| 737.403 | Power of court to permit deviation or to approve transactions involving conflict of interest. | |
| 737.4031 | Judicial modification of trusts. | |
| 737.4032 | Nonjudicial modification of trusts. | |
| 737.4033 | Costs and attorney's fees. | |
| 737.404 | Powers exercisable by joint trustees; liability. | |
| 737.405 | Third persons protected. | |
| 737.406 | Application of this part. | |
| 737.501 | Definitions. | |
| 737.502 | Application of this part. | |
| 737.503 | Trustee of a private foundation trust or a split interest trust. | |
| 737.504 | Powers and duties of trustee of a private foundation trust or a split interest trust. | |
| 737.505 | Notice that this part does not apply. | |
| 737.506 | Power to amend trust instrument. | |
| 737.507 | Power of court to permit deviation. | |
| 737.508 | Release; property and persons affected; manner of effecting. | |
| 737.509 | Election to come under this part. | |
| 737.510 | Supervision by public charitable organization. | |
| 737.511 | Interpretation. | |
| 737.512 | Inapplicability to certain trusts. | |
| 737.6035 | Antilapse; deceased trust beneficiary; class gifts. | |
| 737.621 | Rules of construction; general provisions. | |
| 737.622 | Change in securities; accessions; nonademption. | |
| 737.623 | Construction of generic terms. | |
| 737.624 | Gifts to be per stirpes. | |
| 737.625 | Killer not entitled to receive property or other benefits by reason of victim's death. | |
| 737.626 | Evidence as to death or status. | |
| 737.627 | Costs and attorney's fees. | |
| 738.104 | Trustee's power to adjust. | |
| 738.1041 | Total return unitrust. | |
| 738.202 | Distribution to residuary and remainder beneficiaries. | |
| 739.102 | Definitions. | |
| 744.331 | Procedures to determine incapacity. | |
| 744.361 | Powers and duties of guardian. | |
| 744.441 | Powers of guardian upon court approval. | |
| 744.462 |
Citations - Constitution (0)
No Constitutional citations.
Citations - Chapter Law (0)
No Chapter Law citations.
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