Florida 2025 Regular Session

Florida House Bill H1173 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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2		-	~~ENROLLED~~
3		-	CS/CS/HB 1173 2025 ~~Legislature~~
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	3	+	CS/CS/HB 1173 2025
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10	10		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
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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to the Florida Trust Code; amending s. 2
16	16		736.0110, F.S.; specifying circumstances in which the 3
17	17		Attorney General has exclusive authority to represent 4
18	18		certain interests relating to a charitable trust 5
19	19		having its principal place of administration in this 6
20	20		state; prohibiting certain public officers of another 7
21	21		state from asserting such rights; amending s. 8
22	22		736.0106, F.S.; conforming provisions to cha nges made 9
23	23		by the act; amending s. 736.0405, F.S.; providing 10
24	24		construction; reenacting s. 738.303(2)(b) and (d), 11
25	25		F.S., relating to authority of a fiduciary, to 12
26	26		incorporate the amendment made to s. 736.0110, F.S., 13
27	27		in references thereto; providing an effective date. 14
28	28		15
29	29		Be It Enacted by the Legislature of the State of Florida: 16
30	30		17
31	31		Section 1. Subsection (3) of section 736.0110, Florida 18
32	32		Statutes, is amended to read: 19
33	33		736.0110 Others treated as qualified beneficiaries. — 20
34	34		(3)(a) The Attorney General may asser t the rights of a 21
35	35		qualified beneficiary with respect to a charitable trust having 22
36	36		its principal place of administration in this state. The 23
37	37		Attorney General has standing to assert such rights in any 24
38	38		judicial proceedings. 25
39		-	~~ENROLLED~~
40		-	CS/CS/HB 1173 2025 ~~Legislature~~
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	40	+	CS/CS/HB 1173 2025
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47	47		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
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51	51		(b) Where the Attorney General ass erts the rights of a 26
52	52		qualified beneficiary as provided in paragraph (a), the Attorney 27
53	53		General has the exclusive authority to represent the general 28
54	54		public, unnamed charitable beneficiaries, and any person other 29
55	55		than a named charitable beneficiary having a s pecial interest in 30
56	56		a charitable trust, in any judicial proceedings within this 31
57	57		state or elsewhere, with respect to all matters relating to the 32
58	58		administration of the charitable trust, including and without 33
59	59		limitation, contract and trust law claims relating to charitable 34
60	60		distributions and the exercise of trustee powers. The Attorney 35
61	61		General of another state or any other public officer of another 36
62	62		state does not have standing to assert such rights or interests. 37
63	63		Section 2. Section 736.0106, Florida Statutes, is amended 38
64	64		to read: 39
65	65		736.0106 Common law of trusts; principles of equity. —The 40
66	66		common law of trusts and principles of equity supplement this 41
67	67		code, except to the extent modified by this code or another law 42
68	68		of this state, including, but not limited to, s. 7 36.0110(3). 43
69	69		Section 3. Subsection (3) of section 736.0405, Florida 44
70	70		Statutes, is amended to read: 45
71	71		736.0405 Charitable purposes; enforcement. — 46
72	72		(3) The settlor of a charitable trust, among others, has 47
73	73		standing to enforce the trust. This subsection may not be 48
74	74		construed to afford standing to the Attorney General of any 49
75	75		other state, or another public officer of another state, with 50
76		-	~~ENROLLED~~
77		-	CS/CS/HB 1173 2025 ~~Legislature~~
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81	81		CODING: Words stricken are deletions; words underlined are additions.
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84	84		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
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88	88		respect to any charitable trust having its principal place of 51
89	89		administration in this state. 52
90	90		Section 4. For the purpose of incorporating the amendment 53
91	91		made by this act to section 736.0110, Florida Statutes, in 54
92	92		references thereto, paragraphs (b) and (d) of subsection (2) of 55
93	93		section 738.303, Florida Statutes, are reenacted to read: 56
94	94		738.303 Authority of fiduciary. — 57
95	95		(2) A fiduciary may take an action under subsection (1) if 58
96	96		all of the following apply: 59
97	97		(b) The fiduciary sends a notice in a record to the 60
98	98		qualified beneficiaries determined under ss. 736.0103 and 61
99	99		736.0110 in the manner required by s. 738.304, describing and 62
100	100		proposing to take the action. 63
101	101		(d) At least one member of each class of the qualified 64
102	102		beneficiaries determined under ss. 736.0103 and 736.0110, other 65
103	103		than the Attorney General, receiving the notice under paragraph 66
104	104		(b) is: 67
105	105		1. If an individual, legally co mpetent; 68
106	106		2. If not an individual, in existence; or 69
107	107		3. Represented in the manner provided in s. 738.304(2). 70
108	108		Section 5. This act shall take effect upon becoming a law. 71