Florida Statute 736.0102 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0102

736.0102 Scope.—

(1) Except as otherwise provided in this section, this code applies to express trusts, charitable or noncharitable, and trusts created pursuant to a law, judgment, or decree that requires the trust to be administered in the manner of an express trust.

(2) This code does not apply to constructive or resulting trusts; conservatorships; custodial arrangements pursuant to the Florida Uniform Transfers to Minors Act; business trusts providing for certificates to be issued to beneficiaries; common trust funds; trusts created by the form of the account or by the deposit agreement at a financial institution; voting trusts; security arrangements; liquidation trusts; trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind; and any arrangement under which a person is nominee or escrowee for another.

(3) This code does not apply to any land trust under s. 689.071, except to the extent provided in s. 689.071(7), s. 721.08(2)(c)4., or s. 721.53(1)(e). A trust governed at its creation by this chapter, former chapter 737, or any prior trust statute superseded or replaced by any provision of former chapter 737, is not a land trust regardless of any amendment or modification of the trust, any change in the assets held in the trust, or any continuing trust resulting from the distribution or retention in further trust of assets from the trust.

History.—s. 1, ch. 2006-217; s. 10, ch. 2007-153; s. 3, ch. 2013-240.

F.S. 736.0102 on Google Scholar

F.S. 736.0102 on Casetext

Amendments to 736.0102

Arrestable Offenses / Crimes under Fla. Stat. 736.0102

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0102.

Annotations, Discussions, Cases:

Cases Citing Statute 736.0102

Total Results: 2

Beane v. SunTrust Banks, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2010-11-10

Citation: 47 So. 3d 922, 2010 Fla. App. LEXIS 17153, 2010 WL 4483472

Snippet: revocable trusts under the Florida Trust Code. § 736.0102, Fla. Stat. (2007). Section 709.08(7)(a), Florida

Florida Dept. of Revenue v. NAVAL AVIATION

Court: District Court of Appeal of Florida | Date Filed: 2005-07-18

Citation: 907 So. 2d 586, 2005 Fla. App. LEXIS 11013, 2005 WL 1660703

Snippet: `stand in the Government's shoes.'" 455 U.S. at 736, 102 S.Ct. at 1383, quoting City of Detroit v. Murray