Florida Statutes
Fla. Stat. § 609.02 (2025)
Filing a declaration of trust.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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609.02 Filing a declaration of trust.—Every such organization organized for the purpose of transacting business in this state, or organized in this state for the purpose of transacting business elsewhere, which intends to sell or offer for sale any units, shares, contracts, notes, bonds, mortgages, oil or mineral leases or other security of such association shall, prior to transacting any such business, file with the Department of State a true and correct copy of the declaration of trust under which the association proposes to conduct its business, which copy shall be sworn to, as being a true and correct copy, by the chair of the board of trustees named in such declaration of trust. When such copy shall have been filed with the Department of State it shall constitute public notice as to the purposes and manner of the business to be engaged in by such association. The Department of State, prior to the issuance of the certificate by it, shall collect from the said association a filing fee of $350, which fee shall be paid by it into the general fund of the state.
History.—ss. 1, 2, ch. 9125, 1923; s. 1, ch. 11995, 1927; CGL 7091, 7092; ss. 10, 35, ch. 69-106; s. 12, ch. 71-114; s. 67, ch. 90-132; s. 68, ch. 97-102.
Arrestable Offenses under F.S. 609.02
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§609.02PUBLIC ORDER CRIMESVIOLATION IN FILING DECLARATION OF TRUST
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1975–2022 · leading case: O'HANLON v. Herndon, 5 So. 3d 723 (Fla. 2d DCA 2009).
O'HANLON v. Herndon, 5 So. 3d 723 (Fla. 2d DCA 2009). “One of his defenses was that the mortgage and note were void because Habitat Trust never filed a Declaration of Trust with the Secretary of State pursuant to section 609.02, Florida Statutes (2006), and therefore, it could not conduct business as a trust.”
Boyd v. Boulevard Nat'l Bank, 306 So. 2d 551 (Fla. 3d DCA 1975). “In denying the defendants' motions, the court did not find that the said non-resident defendant trustees had done or were doing business in Florida, but found that "First Mortgage Investors, a Massachusetts Business Trust, has, through persons who are named in their respective…”
In Re Mohan Kutty Trust, 134 B.R. 987 (Bankr. M.D. Fla. 1991). “§ 609.02. It is undisputed in this case that the Trust has no trust instrument on record.”
Your Constr. Ctr., Inc. v. Dominion Mortg. & Realty Trust, 402 F. Supp. 757 (S.D. Fla. 1975). “§ 609.02 Filing a declaration of trust. Every such organization organized for the purpose of transacting business in this state, or organized in this state for the purpose of transacting business elsewhere, which intends to sell or offer for sale any units, shares, contracts,…”
Hazelton Trust (Bankr. S.D. Florida 2022). “Fla. Stat. § 609.02 ; see also In re Mohan Kutty Trust, 134 B.”
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