summary
Introduced
01/14/2025
01/14/2025
In Committee
04/28/2025
04/28/2025
Crossed Over
03/27/2025
03/27/2025
Passed
06/20/2025
06/20/2025
Dead
Signed/Enacted/Adopted
06/23/2025
06/23/2025
Introduced Session
2025 Regular Session
Bill Summary
An act relating to trusts; amending s. 736.04117, F.S.; revising the definition of the term “authorized trustee”; revising how an authorized trustee may exercise the power to invade principal as an authorized trustee administering a trust; providing that notice of such exercise by an authorized trustee is not a trust disclosure document; providing that a trust disclosure document may not commence a limitations period unless such trust disclosure document is provided after the effective date of the exercise of the power to invade principal by an authorized trustee; providing applicability; amending s. 736.08125, F.S.; providing an exception with regard to protection of successor trustees; creating s. 736.10085, F.S.; barring certain actions initiated by specified parties against prior trustees; creating s. 736.1110, F.S.; providing that property devised to or from a revocable trust which is devised, given, or distributed to a donee by a settlor during the settlor’s lifetime is treated as a satisfaction of devise to that donee if certain criteria are met; providing that property distributed or given to a devisee during a settlor’s lifetime is to be valued at the time the devisee came into possession or enjoyment of the property, or at the time of the death of the settlor, whichever occurs first; providing applicability; amending s. 736.1502, F.S.; revising the definitions of the terms “community property” and “community property trust”; amending s. 736.151, F.S.; providing that homestead property transferred by one or both settlor spouses to a community property trust will not be treated as a change of ownership for the purposes of reassessing the property; providing that such transfer qualifies as a change or transfer of legal or equitable title between spouses; providing construction and retroactive application; providing an effective date.
AI Summary
This bill makes several technical modifications to Florida's trust laws across multiple areas. It expands the definition of "authorized trustee" to clarify that such trustees can create second trusts and transfer assets between trusts under specific conditions, even if they were involved in creating the original trust instrument. The bill introduces new provisions for how trustees can distribute trust principal, including modifications that preserve beneficiaries' original interests when transferring assets to a new trust. It creates protections for successor trustees by limiting claims against prior trustees and establishes rules for how property given during a settlor's lifetime can be considered a satisfaction of a devise (inheritance). Additionally, the bill provides specific guidelines for community property trusts, including clarifying that transferring homestead property to such a trust will not be considered a change of ownership for property tax reassessment purposes. The changes apply to trusts governed by Florida law or with a principal place of administration in the state, with some provisions specifically applying to trusts created on or after July 1, 2025. These modifications aim to provide more clarity and flexibility in trust administration while protecting the interests of beneficiaries and trustees.
Committee Categories
Health and Social Services
Sponsors (1)
Other Sponsors (2)
Community Affairs (Senate), Judiciary (Senate)
Last Action
Chapter No. 2025-159 (on 06/23/2025)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
Loading...