Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. CS for SB 262 Ì488748aÎ488748 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/12/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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, mustshallgrant 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 mustshall43 grant such power of appointment in the second trust to such 44 beneficiary, and the class of permissible appointees mustshall45 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