CS/HB 1173 2025
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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.; specifying circumstances in which the 3
Attorney General has exclusive authority to represent 4
certain interests relating to a charitable trust 5
having its principal place of administration in this 6
state; prohibiting certain public officers of another 7
state from asserting such rights; amending s. 8
736.0106, F.S.; conforming provisions to cha nges made 9
by the act; amending s. 736.0405, F.S.; providing 10
construction; reenacting s. 738.303(2)(b) and (d), 11
F.S., relating to authority of a fiduciary, to 12
incorporate the amendment made to s. 736.0110, F.S., 13
in references thereto; providing an effective date. 14
15
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 asser t 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
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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) Where the Attorney General ass erts the rights of a 26
qualified beneficiary as provided in paragraph (a), the Attorney 27
General has the exclusive authority to represent the general 28
public, unnamed charitable beneficiaries, and any person having 29
a special interest in a charitable trust, in any judicial 30
proceedings within this state or elsewhere, with respect to all 31
matters relating to the administration of the charitable trust, 32
including and without limitation, contract and trust law claims 33
relating to charitable distributions and the exerci se of trustee 34
powers. The Attorney General of another state or any other 35
public officer of another state does not have standing to assert 36
such rights or interests. 37
Section 2. Section 736.0106, Florida Statutes, is amended 38
to read: 39
736.0106 Common law of trusts; principles of equity. —The 40
common law of trusts and principles of equity supplement this 41
code, except to the extent modified by this code or another law 42
of this state, including, but not limited to, s. 736.0110(3) . 43
Section 3. Subsection (3) of section 736.0405, Florida 44
Statutes, is amended to read: 45
736.0405 Charitable purposes; enforcement. — 46
(3) The settlor of a charitable trust, among others, has 47
standing to enforce the trust. This subsection may not be 48
construed to afford standing to th e Attorney General of any 49
other state, or another public officer of another state, with 50
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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
respect to any charitable trust having its principal place of 51
administration in this state. 52
Section 4. For the purpose of incorporating the amendment 53
made by this act to section 736.0110, Florida Statutes, in 54
references thereto, paragraphs (b) and (d) of subsection (2) of 55
section 738.303, Florida Statutes, are reenacted to read: 56
738.303 Authority of fiduciary. — 57
(2) A fiduciary may take an action under subsection (1) if 58
all of the following apply: 59
(b) The fiduciary sends a notice in a record to the 60
qualified beneficiaries determined under ss. 736.0103 and 61
736.0110 in the manner required by s. 738.304, describing and 62
proposing to take the action. 63
(d) At least one member of each class of the qualified 64
beneficiaries determined under ss. 736.0103 and 736.0110, other 65
than the Attorney General, receiving the notice under paragraph 66
(b) is: 67
1. If an individual, legally competent; 68
2. If not an individual, in existe nce; or 69
3. Represented in the manner provided in s. 738.304(2). 70
Section 5. This act shall take effect upon becoming a law. 71