Florida Senate - 2022 SENATOR AMENDMENT Bill No. CS for SB 1368 Ì364794QÎ364794 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 02/23/2022 04:49 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Gruters moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 124 - 136 4 and insert: 5 Section 6. Paragraph (b) of subsection (3) of section 6 736.04115, Florida Statutes, is amended to read: 7 736.04115 Judicial modification of irrevocable trust when 8 modification is in best interests of beneficiaries.— 9 (3) This section shall not apply to: 10 (b) Any trust created after December 31, 2000, if: 11 1. Under the terms of the trust, all beneficial interests 12 in the trust must vest or terminate within the period prescribed 13 by the rule against perpetuities in s. 689.225(2), 14 notwithstanding s. 689.225(2)(f) and (g). 15 2. The terms of the trust expressly prohibit judicial 16 modification. 17 Section 7. Paragraph (b) of subsection (4) of section 18 736.0412, Florida Statutes, is amended to read: 19 736.0412 Nonjudicial modification of irrevocable trust.— 20 (4) This section shall not apply to: 21 (b) Any trust created after December 31, 2000, if, under 22 the terms of the trust, all beneficial interests in the trust 23 must vest or terminate within the period prescribed by the rule 24 against perpetuities in s. 689.225(2), notwithstanding s. 25 689.225(2)(f) and (g), unless the terms of the trust expressly 26 authorize nonjudicial modification. 27 Section 8. Paragraph (d) of subsection (1) of section 28 736.0813, Florida Statutes, is amended to read: 29 736.0813 Duty to inform and account.—The trustee shall keep 30 the qualified beneficiaries of the trust reasonably informed of 31 the trust and its administration. 32 (1) The trustee’s duty to inform and account includes, but 33 is not limited to, the following: 34 (d) A trustee of an irrevocable trust shall provide a trust 35 accounting, as set forth in s. 736.08135, from the date of the 36 last accounting or, if none, from the date on which the trustee 37 became accountable, to each qualified beneficiary at least 38 annually and on termination of the trust or on change of the 39 trustee. Notwithstanding s. 736.0105(2)(s) or the duties under 40 this 41 42 ================= T I T L E A M E N D M E N T ================ 43 And the title is amended as follows: 44 Between lines 20 and 21 45 insert: 46 ss. 736.04115 and 736.0412, F.S.; conforming 47 provisions to changes made by the act; amending