HB 1173 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1173-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Florida Trust Code; amending s. 2
736.0110, F.S.; providing that the Attorney General 3
has exclusive standing to assert certain rights of 4
beneficiaries of charitable trusts in any judicial 5
proceeding within this state or elsewhere; prohibiting 6
certain public officers of another state from 7
asserting such rights; amending s. 736.0106, F.S.; 8
conforming provisions to changes made by the act; 9
amending s. 736.0405, F.S.; providing construction; 10
reenacting s. 738.303(2)(b) and (d), F.S., relating to 11
authority of a fiduciary, to incorporate the amendment 12
made to s. 736.0110, F.S., in references thereto; 13
providing an effective date. 14
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Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Subsection (3) of section 736.0110, Florida 18
Statutes, is amended to read: 19
736.0110 Others treated as qualified beneficiaries. — 20
(3)(a) The Attorney General may assert the rights of a 21
qualified beneficiary with respect to a charitable trust having 22
its principal place of administration in this state. The 23
Attorney General has standing to assert such rights in any 24
judicial proceedings. 25
HB 1173 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1173-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) The Attorney General has exclusive standing to assert 26
such rights in any judicial proceedings within this state or 27
elsewhere. Such standing extends to all matters relating to the 28
administration of such charitable trust, including and without 29
limitation, contract and trust law claims relating to charitable 30
distributions and the exercise of trustee powers. The Attorney 31
General of another state or any other public officer of another 32
state does not have standing to assert such rights. 33
Section 2. Section 736.0106, Florida Statutes, is amended 34
to read: 35
736.0106 Common law of trusts; principles of equity. —The 36
common law of trusts and principles of equity supplement this 37
code, except to the extent modified by this code or another law 38
of this state, including, but not limited to, s. 736.0110(3) . 39
Section 3. Subsection (3) of section 736.0405, Florida 40
Statutes, is amended to read: 41
736.0405 Charitable purposes; enforcement. — 42
(3) The settlor of a charitable trust, among others, has 43
standing to enforce the trust. This subsection may not be 44
construed to afford st anding to the Attorney General of any 45
other state, or another public officer of another state, with 46
respect to any charitable trust having its principal place of 47
administration in this state. 48
Section 4. For the purpose of incorporating the amendment 49
made by this act to section 736.0110, Florida Statutes, in 50
HB 1173 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1173-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
references thereto, paragraphs (b) and (d) of subsection (2) of 51
section 738.303, Florida Statutes, are reenacted to read: 52
738.303 Authority of fiduciary. — 53
(2) A fiduciary may take an action under subsection (1) if 54
all of the following apply: 55
(b) The fiduciary sends a notice in a record to the 56
qualified beneficiaries determined under ss. 736.0103 and 57
736.0110 in the manner required by s. 738.304, describing and 58
proposing to take the action. 59
(d) At least one member of each class of the qualified 60
beneficiaries determined under ss. 736.0103 and 736.0110, other 61
than the Attorney General, receiving the notice under paragraph 62
(b) is: 63
1. If an individual, legally competent; 64
2. If not an individual, in existence; or 65
3. Represented in the manner provided in s. 738.304(2). 66
Section 5. This act shall take effect upon becoming a law. 67