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Bill > S0806


FL S0806

Florida Trust Code


summary

Introduced
02/18/2025
In Committee
02/28/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

An act relating to the Florida Trust Code; amending s. 736.0110, F.S.; specifying circumstances in which the Attorney General has the exclusive authority to represent certain interests relating to a charitable trust having its principal place of administration in this state; prohibiting certain public officers of another state from asserting such rights; amending s. 736.0106, F.S.; conforming provisions to changes made by the act; amending s. 736.0405, F.S.; providing construction; reenacting s. 738.303(2)(b) and (d), F.S., relating to authority of a fiduciary, to incorporate the amendment made to s. 736.0110, F.S., in references thereto; providing an effective date.

AI Summary

This bill amends the Florida Trust Code to clarify and limit the Attorney General's authority regarding charitable trusts with their principal place of administration in Florida. Specifically, the bill provides that when the Attorney General asserts the rights of a qualified beneficiary for a charitable trust, they have exclusive authority to represent the general public, unnamed charitable beneficiaries, and those with a special interest in the trust during any judicial proceedings. The bill explicitly prohibits attorneys general or public officers from other states from asserting such rights for charitable trusts administered in Florida. Additionally, the bill makes conforming changes to other sections of Florida law to ensure consistency with these new provisions, including modifying sections about trust enforcement and fiduciary actions. The legislation aims to centralize the oversight of charitable trusts within Florida's legal jurisdiction, preventing potential interference from other states' legal authorities and clarifying the Attorney General's role in protecting charitable trust interests.

Committee Categories

Budget and Finance

Sponsors (1)

Other Sponsors (1)

Judiciary (S)

Last Action

Laid on Table, refer to CS/CS/HB 1173 (on 04/16/2025)

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