CS/CS/HB 425: Florida Trust Code
GENERAL BILL by Mahon ; (CO-INTRODUCERS) Seiler ; Stargel
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: 4/20/2006 House - 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
Bill Text: Web Page | PDF
Last Action: 4/20/2006 House - 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
Bill Text: Web Page | PDF
Bill History
| Date | Chamber | Action |
|---|---|---|
| 11/21/2005 | House |
• Filed |
| 12/23/2005 | House |
• Referred to Civil Justice (JC); Elder & Long-Term Care (HFC); Economic Development, Trade & Banking (CC); Justice Council |
| 12/30/2005 | House |
• On Committee agenda-- Civil Justice (JC), 01/11/06, 11:00 am, 24-H |
| 1/11/2006 | House |
• Favorable with CS amendment by Civil Justice (JC); YEAS 7 NAYS 0 |
| 1/27/2006 | House |
• Pending review of CS under Rule 6.3(b) |
| 2/1/2006 | House |
• Now in Elder & Long-Term Care (HFC) |
| 2/10/2006 | House |
• On Committee agenda-- Elder & Long-Term Care (HFC), 02/22/06, 10:30 am, Reed Hall |
| 2/22/2006 | House |
• Favorable by Elder & Long-Term Care (HFC); YEAS 8 NAYS 0; Now in Economic Development, Trade & Banking (CC) |
| 3/7/2006 | House |
• Introduced, referred to Civil Justice (JC); Elder & Long-Term Care (HFC); Economic Development, Trade & Banking (CC); Justice Council -HJ 00040; On Committee agenda-- Civil Justice (JC), 01/11/06, 11:00 am, 24-H; Favorable with CS amendment by Civil Justice (JC); YEAS 7 NAYS 0 -HJ 00138; Pending review of CS under Rule 6.3(b); Now in Elder & Long-Term Care (HFC) -HJ 00138; On Committee agenda-- Elder & Long-Term Care (HFC), 02/22/06, 10:30 am, Reed Hall; Favorable by Elder & Long-Term Care (HFC); YEAS 8 NAYS 0 -HJ 00142; Now in Economic Development, Trade & Banking (CC) -HJ 00142; On Committee agenda-- Economic Development, Trade & Banking (CC), 03/09/06, 2:00 pm, 306-H |
| 3/9/2006 | House |
• Favorable with CS amendment by Economic Development, Trade & Banking (CC); YEAS 14 NAYS 0 -HJ 00194 |
| 3/14/2006 | House |
• Pending review of CS under Rule 6.3(b); Now in Justice Council -HJ 00194 |
| 3/20/2006 | House |
• On Council agenda-- Justice Council, 03/22/06, 9:00 am, 404-H |
| 3/22/2006 | House |
• Favorable by- Justice Council; YEAS 11 NAYS 0 -HJ 00282; Placed on Calendar -HJ 00282 |
| 4/20/2006 | House |
• 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 |
Related Bills
| Bill Number | Subject | Filed By | Relationship | Last Action and Location |
|---|---|---|---|---|
| S 1170 (c1) | Aronberg | Similar | Last Action: 6/14/2006 Approved by Governor; Chapter No. 2006-217; See also HB 191 (Ch. 2006-77) | |
| 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 |
|---|---|---|
| H 425 Filed | 11/21/2005 11:52 AM | Web Page | PDF |
| H 425 c1 | 1/27/2006 3:21 PM | Web Page | PDF |
| H 425 c2 | 3/14/2006 10:05 AM | Web Page | PDF |
Committee Amendments
No Committee Amendments Available
Floor Amendments
No Floor Amendments Available
Bill Analyses
| Type | Analysis | Author | Posted | Format |
|---|---|---|---|---|
| Bill Analysis | H 425 | Civil Justice Committee (Post-Meeting) | ||
| Bill Analysis | H 425 | Civil Justice Committee (Post-Meeting) | ||
| Bill Analysis | H 425 | Economic Development, Trade & Banking Committee (Post-Meeting) | ||
| Bill Analysis | H 425 | Economic Development, Trade & Banking Committee (Post-Meeting) | ||
| Bill Analysis | H 425 | Elder & Long-Term Care Committee (Post-Meeting) | ||
| Bill Analysis | H 425 | Elder & Long-Term Care Committee (Post-Meeting) | ||
| Bill Analysis | H 425 | Justice Council (Post-Meeting) |
Vote History - Committee
No Committee Vote History AvailableVote History - Floor
No Vote History AvailableCitations - Statutes (225)
| Citation | Catchline | Location in Bill Location In Bill Help |
|---|---|---|
| 497.458 | Disposition of proceeds received on contracts. | |
| 518.117 | ||
| 607.0802 | Qualifications of directors. | |
| 617.0802 | 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 | ||
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| 736.04115 | ||
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| 736.0810 | ||
| 736.08105 | ||
| 736.0811 | ||
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| 736.08125 | ||
| 736.0813 | ||
| 736.08135 | ||
| 736.0814 | ||
| 736.08147 | ||
| 736.0815 | ||
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| 736.08163 | ||
| 736.08165 | ||
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| 736.0901 | ||
| 736.1001 | ||
| 736.1002 | ||
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| 736.1005 | ||
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| 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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