Florida Senate - 2025                                     SB 806
       
       
        
       By Senator Yarborough
       
       
       
       
       
       4-00697A-25                                            2025806__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Trust Code; amending s.
    3         736.0110, F.S.; providing that the Attorney General
    4         has exclusive standing to assert certain rights of
    5         beneficiaries of charitable trusts in any judicial
    6         proceeding within this state or elsewhere; prohibiting
    7         certain public officers of another state from
    8         asserting such rights; amending s. 736.0106, F.S.;
    9         conforming provisions to changes made by the act;
   10         amending s. 736.0405, F.S.; providing construction;
   11         reenacting s. 738.303(2)(b) and (d), F.S., relating to
   12         authority of a fiduciary, to incorporate the amendment
   13         made to s. 736.0110, F.S., in references thereto;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (3) of section 736.0110, Florida
   19  Statutes, is amended to read:
   20         736.0110 Others treated as qualified beneficiaries.—
   21         (3)(a) The Attorney General may assert the rights of a
   22  qualified beneficiary with respect to a charitable trust having
   23  its principal place of administration in this state. The
   24  Attorney General has standing to assert such rights in any
   25  judicial proceedings.
   26         (b) The Attorney General has exclusive standing to assert
   27  such rights in any judicial proceedings within this state or
   28  elsewhere. Such standing extends to all matters relating to the
   29  administration of such charitable trust, including and without
   30  limitation, contract and trust law claims relating to charitable
   31  distributions and the exercise of trustee powers. The Attorney
   32  General of another state or any other public officer of another
   33  state does not have standing to assert such rights.
   34         Section 2. Section 736.0106, Florida Statutes, is amended
   35  to read:
   36         736.0106 Common law of trusts; principles of equity.—The
   37  common law of trusts and principles of equity supplement this
   38  code, except to the extent modified by this code or another law
   39  of this state, including, but not limited to, s. 736.0110(3).
   40         Section 3. Subsection (3) of section 736.0405, Florida
   41  Statutes, is amended to read:
   42         736.0405 Charitable purposes; enforcement.—
   43         (3) The settlor of a charitable trust, among others, has
   44  standing to enforce the trust. This subsection may not be
   45  construed to afford standing to the Attorney General of any
   46  other state, or another public officer of another state, with
   47  respect to any charitable trust having its principal place of
   48  administration in this state.
   49         Section 4. For the purpose of incorporating the amendment
   50  made by this act to section 736.0110, Florida Statutes, in
   51  references thereto, paragraphs (b) and (d) of subsection (2) of
   52  section 738.303, Florida Statutes, are reenacted to read:
   53         738.303 Authority of fiduciary.—
   54         (2) A fiduciary may take an action under subsection (1) if
   55  all of the following apply:
   56         (b) The fiduciary sends a notice in a record to the
   57  qualified beneficiaries determined under ss. 736.0103 and
   58  736.0110 in the manner required by s. 738.304, describing and
   59  proposing to take the action.
   60         (d) At least one member of each class of the qualified
   61  beneficiaries determined under ss. 736.0103 and 736.0110, other
   62  than the Attorney General, receiving the notice under paragraph
   63  (b) is:
   64         1. If an individual, legally competent;
   65         2. If not an individual, in existence; or
   66         3. Represented in the manner provided in s. 738.304(2).
   67         Section 5. This act shall take effect upon becoming a law.