Florida Senate - 2025                              CS for SB 806
       
       
        
       By the Committee on Judiciary; and Senator Yarborough
       
       
       
       
       
       590-02320-25                                           2025806c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Trust Code; amending s.
    3         736.0110, F.S.; specifying circumstances in which the
    4         Attorney General has the exclusive authority to
    5         represent certain interests relating to a charitable
    6         trust having its principal place of administration in
    7         this state; prohibiting certain public officers of
    8         another state from asserting such rights; amending s.
    9         736.0106, F.S.; conforming provisions to changes made
   10         by the act; amending s. 736.0405, F.S.; providing
   11         construction; reenacting s. 738.303(2)(b) and (d),
   12         F.S., relating to authority of a fiduciary, to
   13         incorporate the amendment made to s. 736.0110, F.S.,
   14         in references thereto; 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) Where the Attorney General asserts the rights of a
   27  qualified beneficiary as provided in paragraph (a), the Attorney
   28  General has the exclusive authority to represent the general
   29  public, unnamed charitable beneficiaries, and any person having
   30  a special interest in a charitable trust, in any judicial
   31  proceedings within this state or elsewhere, with respect to all
   32  matters relating to the administration of the charitable trust,
   33  including and without limitation, contract and trust law claims
   34  relating to charitable distributions and the exercise of trustee
   35  powers. The Attorney General of another state or any other
   36  public officer of another state does not have standing to assert
   37  such rights or interests.
   38         Section 2. Section 736.0106, Florida Statutes, is amended
   39  to read:
   40         736.0106 Common law of trusts; principles of equity.—The
   41  common law of trusts and principles of equity supplement this
   42  code, except to the extent modified by this code or another law
   43  of this state, including, but not limited to, s. 736.0110(3).
   44         Section 3. Subsection (3) of section 736.0405, Florida
   45  Statutes, is amended to read:
   46         736.0405 Charitable purposes; enforcement.—
   47         (3) The settlor of a charitable trust, among others, has
   48  standing to enforce the trust. This subsection may not be
   49  construed to afford standing to the Attorney General of any
   50  other state, or another public officer of another state, with
   51  respect to any charitable trust having its principal place of
   52  administration in this state.
   53         Section 4. For the purpose of incorporating the amendment
   54  made by this act to section 736.0110, Florida Statutes, in
   55  references thereto, paragraphs (b) and (d) of subsection (2) of
   56  section 738.303, Florida Statutes, are reenacted to read:
   57         738.303 Authority of fiduciary.—
   58         (2) A fiduciary may take an action under subsection (1) if
   59  all of the following apply:
   60         (b) The fiduciary sends a notice in a record to the
   61  qualified beneficiaries determined under ss. 736.0103 and
   62  736.0110 in the manner required by s. 738.304, describing and
   63  proposing to take the action.
   64         (d) At least one member of each class of the qualified
   65  beneficiaries determined under ss. 736.0103 and 736.0110, other
   66  than the Attorney General, receiving the notice under paragraph
   67  (b) is:
   68         1. If an individual, legally competent;
   69         2. If not an individual, in existence; or
   70         3. Represented in the manner provided in s. 738.304(2).
   71         Section 5. This act shall take effect upon becoming a law.