Florida Senate - 2021                                    SB 1270
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01474-21                                           20211270__
    1                        A bill to be entitled                      
    2         An act relating to distribution of residual or
    3         undistributable funds in civil matters; creating s.
    4         45.085, F.S.; authorizing courts to apply the doctrine
    5         of cy pres in certain circumstances; providing for
    6         distribution of funds subject to cy pres distribution;
    7         providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 45.085, Florida Statutes, is created to
   12  read:
   13         45.085 Distribution of residual or undistributable funds in
   14  civil matters.—
   15         (1) In all civil matters in any court applying Florida law,
   16  the court may apply the doctrine of cy pres as deemed
   17  appropriate under the circumstances or by agreement of the
   18  parties.
   19         (2) The court has discretion to approve the timing and
   20  method of distribution of funds subject to cy pres distribution
   21  and to approve a recipient of such funds which may be agreed to
   22  by the parties, including one or more nonprofit, tax-exempt
   23  organizations that provide services or support reasonably
   24  related to the subject matter and purposes of the civil matter
   25  involved. Such tax-exempt organizations may include those that
   26  provide either civil legal services to the poor or funding or
   27  support for the provision of civil legal services to the poor.
   28         Section 2. This act shall take effect July 1, 2021.