Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. CS for SB 262
       
       
       
       
       
       
                                Ì488748aÎ488748                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/12/2025           .                                
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       The Committee on Community Affairs (Berman) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 58 - 140
    4  and insert:
    5  a settlor of the second trust, and the authorized trustee may be
    6  considered.
    7         (2) DISTRIBUTION FROM FIRST TRUST TO SECOND TRUST WHEN
    8  AUTHORIZED TRUSTEE HAS ABSOLUTE POWER TO INVADE.—
    9         (a) Unless a trust instrument expressly provides otherwise,
   10  an authorized trustee who has absolute power under the terms of
   11  the trust to invade its principal, referred to in this section
   12  as the “first trust,” to make current distributions to or for
   13  the benefit of one or more beneficiaries may instead exercise
   14  such power by modifying the terms of the first trust or by
   15  appointing all or part of the principal of the trust subject to
   16  such power in favor of a trustee of one or more other trusts,
   17  whether created under the same trust instrument as the first
   18  trust or a different trust instrument, including a trust
   19  instrument created for the purposes of exercising the power
   20  granted by this section, each referred to in this section as the
   21  “second trust,” for the current benefit of one or more of such
   22  beneficiaries only if:
   23         1. The beneficiaries of the second trust include only
   24  beneficiaries of the first trust; and
   25         2. The second trust does not reduce any vested interest.
   26         (3) DISTRIBUTION FROM FIRST TRUST TO SECOND TRUST WHEN
   27  AUTHORIZED TRUSTEE DOES NOT HAVE ABSOLUTE POWER TO INVADE.
   28  Unless the trust instrument expressly provides otherwise, an
   29  authorized trustee who has a power, other than an absolute
   30  power, under the terms of a first trust to invade principal to
   31  make current distributions to or for the benefit of one or more
   32  beneficiaries may instead exercise such power by modifying the
   33  terms of the first trust or by appointing all or part of the
   34  principal of the first trust subject to such power in favor of a
   35  trustee of one or more second trusts. If the authorized trustee
   36  exercises such power:
   37         (a) The second trusts, in the aggregate, must shall grant
   38  each beneficiary of the first trust beneficial interests in the
   39  second trusts which are substantially similar to the beneficial
   40  interests of the beneficiary in the first trust.
   41         (b) If the first trust grants a power of appointment to a
   42  beneficiary of the first trust, the second trust must shall
   43  grant such power of appointment in the second trust to such
   44  beneficiary, and the class of permissible appointees must shall
   45  be the same as in the first trust.
   46         (c) If the first trust does not grant a power of
   47  appointment to a beneficiary of the first trust, the second
   48  trust may not grant a power of appointment in the second trust
   49  to such beneficiary.
   50         (d) Notwithstanding paragraphs (a), (b), and (c), the term
   51  of the second trust may extend beyond the term of the first
   52  trust, and, for any period after the first trust would have
   53  otherwise terminated, in whole or in part, under the provisions
   54  of the first trust, the trust instrument of the second trust
   55  may, with respect to property subject to such extended term:
   56         1. Include language providing the trustee with the absolute
   57  power to invade the principal of the second trust during such
   58  extended term; and
   59         2. Create a power of appointment, if the power holder is a
   60  current beneficiary of the first trust, or expand the class of
   61  permissible appointees in favor of which a power of appointment
   62  may be exercised.
   63         (4) DISTRIBUTION FROM FIRST TRUST TO SUPPLEMENTAL NEEDS
   64  TRUST.—
   65         (a) Notwithstanding subsections (2) and (3), unless the
   66  trust instrument expressly provides otherwise, an authorized
   67  trustee who has the power under the terms of a first trust to
   68  invade the principal of the first trust to make current
   69  distributions to or for the benefit of a beneficiary with a
   70  disability may instead exercise such power by modifying the
   71  terms of the first trust or by appointing all or part of the
   72  principal of the first trust in favor of a trustee of a second
   73  trust that is a supplemental needs trust if:
   74         1. The supplemental needs trust benefits the beneficiary
   75  with a disability;
   76         2. The beneficiaries of the second trust include only
   77  beneficiaries of the first trust; and
   78         3. The authorized trustee determines that the exercise of
   79  such power will further the purposes of the first trust.
   80         (8) NOTICE.—
   81         (d) The authorized trustee’s notice under this subsection
   82  is not a trust disclosure document as defined in s. 736.1008(4)
   83  and does not limit the right of any beneficiary to object to the
   84  exercise of the authorized trustee’s power to invade principal
   85  except as otherwise provided in other applicable provisions of
   86  this code. With respect to the exercise of the authorized
   87  trustee’s power to invade principal, a trust disclosure