Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1626
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2017           .                                

       The Committee on Criminal Justice (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    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.
   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”;