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Florida Statute 609.01 - Full Text and Legal Analysis Florida Statute 609.01 | Lawyer Caselaw & Research
Fla. Stat. § 609.01 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
609.01 Common-law declaration of trust.Two or more persons, whether residents of this state or not, may organize and associate themselves together for the purpose of transacting business in this state under what is commonly designated or known as a “declaration of trust”; provided, however, no such association shall ever be permitted or authorized to transact a banking or security business, of any kind, in this state.
History.s. 1, ch. 9125, 1923; s. 1, ch. 11995, 1927; CGL 7091.

Cases Citing F.S. 609.01

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·Mayo v. Barnett Bank of Pensacola, 448 F. Supp. 250 (N.D. Fla. 1978).

Cited 11 times | Published | District Court, N.D. Florida | 17 Collier Bankr. Cas. 8, 17 Collier Bankr. Cas. 2d 8, 4 Bankr. Ct. Dec. (CRR) 212, 1978 U.S. Dist. LEXIS 18408

...The court further observed the last clause in the definition was apparently inserted to include specifically the "familiar Massachusetts trust." The trust involved here is an Illinois Land Trust which is recognized in Florida by statute, F.S. § 689.071. Massachusetts Business Trusts are also recognized by statute, F.S. § 609.01—§ 609.08....
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Cited as authorityBarnes (2011)
phrase: "rule_authority"
Cited as authorityIn re Maidman (1980)
phrase: "rule_authority"
Cited as authorityIn Re Treasure Island Land Trust (1980)
phrase: "rule_authority"
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·Arias v. State, 593 So. 2d 260 (Fla. 3d DCA 1992).

Cited 6 times | Published | Florida 3rd District Court of Appeal | 1992 WL 4083

truthfulness. M. Graham, Handbook on Florida Evidence § 609.1, at 412 (1987) (footnote omitted). See Whaley v
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Cited as authority(citing case) (2023)
phrase: "rule_authority"
Cited as authorityCarlton (2012)
phrase: "rule_authority"
Cited as authorityJones (1996)
phrase: "rule_authority"
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·Pantoja v. State, 990 So. 2d 626 (Fla. 1st DCA 2008).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2008 WL 4073348

But cf. Charles W. Ehrhardt, Florida Evidence § 609.1 at 574 (noting that a witness who has testified
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Cited as authorityPantoja (2011)
phrase: "rule_authority"
Cited as authorityHarvey (2010)
phrase: "rule_authority"
FollowedHarvey (2010)
phrase: "we follow"
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·In Re Mohan Kutty Trust, 134 B.R. 987 (Bankr. M.D. Fla. 1991).

Cited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 1991 Bankr. LEXIS 1843, 1991 WL 275380

...provides in pertinent part that "[t]wo or more persons . . . may organize and associate themselves together for the purpose of transacting business in this state under what is commonly designated or known as a `declaration of trust' . . ." Fla.Stat. § 609.01....
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Cited as authority(citing case) (2002)
phrase: "rule_authority"
Cited as authorityIn Re Morgantown Trust No. 1 (1993)
phrase: "rule_authority"
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·Your Constr. Ctr., Inc. v. Dominion Mortg. & Realty Trust, 402 F. Supp. 757 (S.D. Fla. 1975).

Cited 2 times | Published | District Court, S.D. Florida

...rt finds it unnecessary to decide whether the decision controls the case here and does not rely on that decision in reaching the conclusion that the law of the State of New York is controlling. [3] The following sections of Chapter 609 are relevant: § 609.01 Common law declaration of trust....
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Cited as authority(citing case) (1983)
phrase: "rule_authority"
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·Gonzalez v. State, 871 So. 2d 1010 (Fla. 4th DCA 2004).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 5458, 2004 WL 840237

views.” ChaRles W. Eh-RHARDt, Florida Evtoenoe § 609.1, at 501 (2002 ed.). The breadth of a community
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Cited as authority(citing case) (2013)
phrase: "rule_authority"
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·Johnson v. State, 108 So. 3d 707 (Fla. 5th DCA 2013).

Published | Florida 5th District Court of Appeal | 2013 WL 757198, 2013 Fla. App. LEXIS 3301

exception for reputation testimony. Ehrhardt, supra, § 609.1. Section 90.803(21) only permits evidence of reputation
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Cited as authorityRomans (2017)
phrase: "rule_authority"
Cited as authorityAntoine (2014)
phrase: "rule_authority"

This Florida statute resource is curated by this site's author, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.