Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 1626
Ì214888]Î214888
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/27/2017 .
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The Committee on Criminal Justice (Bradley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 102 - 210
4 and insert:
5 Section 5. Subsection (3) of section 736.0110, Florida
6 Statutes, is amended to read:
7 736.0110 Others treated as qualified beneficiaries.—
8 (3) The Attorney General may assert the rights of a
9 qualified beneficiary with respect to a charitable trust having
10 its principal place of administration in this state. The
11 Attorney General has standing to assert such rights in any
12 judicial proceeding.
13 Section 6. Present subsections (2), (3), and (4) of section
14 736.1201, Florida Statutes, are redesignated as subsections (3),
15 (4), and (5), respectively, a new subsection (2) is added to
16 that section, and present subsection (5) of that section is
17 amended, to read:
18 736.1201 Definitions.—As used in this part:
19 (2) “Delivery of notice” means delivery of a written notice
20 required under this part by sending a copy by any commercial
21 delivery service requiring a signed receipt or by any form of
22 mail requiring a signed receipt.
23 (5) “State attorney” means the state attorney for the
24 judicial circuit of the principal place of administration of the
25 trust pursuant to s. 736.0108.
26 Section 7. Section 736.1205, Florida Statutes, is amended
27 to read:
28 736.1205 Notice that this part does not apply.—In the case
29 of a power to make distributions, if the trustee determines that
30 the governing instrument contains provisions that are more
31 restrictive than s. 736.1204(2), or if the trust contains other
32 powers, inconsistent with the provisions of s. 736.1204(3) that
33 specifically direct acts by the trustee, the trustee shall
34 notify the state Attorney General when the trust becomes subject
35 to this part. Section 736.1204 does not apply to any trust for
36 which notice has been given pursuant to this section unless the
37 trust is amended to comply with the terms of this part.
38 Section 8. Subsection (2) of section 736.1206, Florida
39 Statutes, is amended to read:
40 736.1206 Power to amend trust instrument.—
41 (2) In the case of a charitable trust that is not subject
42 to the provisions of subsection (1), the trustee may amend the
43 governing instrument to comply with the provisions of s.
44 736.1204(2) after delivery of notice to, and with the consent
45 of, the state Attorney General.
46 Section 9. Section 736.1207, Florida Statutes, is amended
47 to read:
48 736.1207 Power of court to permit deviation.—This part does
49 not affect the power of a court to relieve a trustee from any
50 restrictions on the powers and duties that are placed on the
51 trustee by the governing instrument or applicable law for cause
52 shown and on complaint of the trustee, state Attorney General,
53 or an affected beneficiary and notice to the affected parties.
54 Section 10. Paragraph (b) of subsection (4) of section
55 736.1208, Florida Statutes, is amended to read:
56 736.1208 Release; property and persons affected; manner of
57 effecting.—
58 (4) Delivery of a release shall be accomplished as follows:
59 (b) If the release is accomplished by reducing the class of
60 permissible charitable organizations, by delivery of notice a
61 copy of the release to the state Attorney General including a
62 copy of the release.
63 Section 11. Section 736.1209, Florida Statutes, is amended
64 to read:
65 736.1209 Election to come under this part.—With the consent
66 of that organization or organizations, a trustee of a trust for
67 the benefit of a public charitable organization or organizations
68 may come under s. 736.1208(5) by delivery of notice to filing
69 with the state Attorney General of the an election, accompanied
70 by the proof of required consent. Thereafter the trust shall be
71 subject to s. 736.1208(5).
72 Section 12. Paragraph (e) of subsection (2) of section
73 896.101, Florida Statutes, is amended, and a new paragraph (j)
74 is added to that subsection to read:
75 896.101 Florida Money Laundering Act; definitions;
76 penalties; injunctions; seizure warrants; immunity.—
77 (2) As used in this section, the term:
78 (e) “Monetary instruments” means coin or currency of the
79 United States or of any other country, virtual currency,
80 travelers’ checks, personal checks, bank checks, money orders,
81 investment securities in bearer form or otherwise in such form
82 that title thereto passes upon delivery, and negotiable
83 instruments in bearer form or otherwise in such form that title
84 thereto passes upon delivery.
85 (j) “Virtual currency” means a medium of exchange in
86 electronic or digital format which is not a coin or currency of
87 the United States or another country.
88
89 ================= T I T L E A M E N D M E N T ================
90 And the title is amended as follows:
91 Delete lines 14 - 42
92 and insert:
93 revising legislative intent; amending s. 736.0110,
94 F.S.; providing that the Attorney General has standing
95 to assert the rights of certain qualified
96 beneficiaries in judicial proceedings; amending s.
97 736.1201, F.S.; defining the term “delivery of
98 notice”; deleting the term “state attorney”; amending
99 s. 736.1205, F.S.; requiring a trustee to provide a
100 specified notice to the Attorney General rather than
101 the state attorney; amending s. 736.1206, F.S.;
102 revising the conditions under which a trustee may
103 amend the governing instrument of a specified
104 charitable trust to comply with specified provisions
105 of ch. 736, F.S.; amending s. 736.1207, F.S.;
106 conforming a term; amending s. 736.1208, F.S.;
107 revising the manner in which delivery of a release is
108 accomplished; conforming provisions to changes made by
109 the act; amending s. 736.1209, F.S.; revising
110 requirements for a trustee of a specified trust who
111 elects to be operated exclusively for the benefit of,
112 and be supervised by, the specified public charitable
113 organization or organizations; amending s. 896.101,
114 F.S.; amending the term "monetary instruments";
115 defining the term “virtual currency”;