Florida Statute 736.0103 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0103

736.0103 Definitions.—Unless the context otherwise requires, in this code:

(1) “Action,” with respect to an act of a trustee, includes a failure to act.

(2) “Affiliate” means any person or entity that directly or indirectly through one or more intermediaries owns or controls, is owned or controlled by, or is under common control or ownership with, the fiduciary. An affiliate may include, but is not limited to, an investment adviser, administrator, broker, transfer agent, placement agent, servicing agent, registrar, custodian, underwriter, sponsor, distributor, or manager.

(3) “Ascertainable standard” means a standard relating to an individual’s health, education, support, or maintenance within the meaning of s. 2041(b)(1)(A) or s. 2514(c)(1) of the Internal Revenue Code of 1986, as amended.

(4) “Beneficiary” means a person who has a present or future beneficial interest in a trust, vested or contingent, or who holds a power of appointment over trust property in a capacity other than that of trustee. An interest as a permissible appointee of a power of appointment, held by a person in a capacity other than that of trustee, is not a beneficial interest for purposes of this subsection. Upon an irrevocable exercise of a power of appointment, the interest of a person in whose favor the appointment is made shall be considered a present or future beneficial interest in a trust in the same manner as if the interest had been included in the trust instrument.

(5) “Charitable trust” means a trust, or portion of a trust, created for a charitable purpose as described in s. 736.0405(1).

(6) “Directed trust” means a trust for which the terms of the trust grant a power of direction.

(7) “Directed trustee” means a trustee that is subject to a trust director’s power of direction.

(8) “Distributee” means a beneficiary who is currently entitled to receive a distribution.

(9) “Environmental law” means a federal, state, or local law, rule, regulation, or ordinance that relates to protection of the environment or human health.

(10) “General power of appointment” means a power of appointment exercisable in favor of the holder of the power, the power holder’s creditors, the power holder’s estate, or the creditors of the power holder’s estate.

(11) “Guardian of the person” means a person appointed by the court to make decisions regarding the support, care, education, health, and welfare of a minor or an incapacitated adult. The term does not include a guardian ad litem.

(12) “Guardian of the property” means a person appointed by the court to administer the estate of a minor or incapacitated adult.

(13) “Interests of the beneficiaries” means the beneficial interests intended by the settlor as provided in the terms of a trust.

(14) “Jurisdiction” with respect to a geographic area, includes a state or country.

(15) “Permissible distributee” means a beneficiary who is currently eligible to receive a distribution.

(16) “Power of direction” means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property; a power to amend a trust instrument or terminate a trust; or a power over other matters of trust administration. The term excludes the powers excluded from part XIV of this chapter under s. 736.1405(2).

(17) “Power of withdrawal” means a presently exercisable general power of appointment other than a power:

(a) Exercisable by a trustee and limited by an ascertainable standard; or

(b) Exercisable by another person only upon consent of the trustee or a person holding an adverse interest.

(18) “Property” means anything that may be the subject of ownership, real or personal, legal or equitable, or any interest therein.

(19) “Qualified beneficiary” means a living beneficiary who, on the date the beneficiary’s qualification is determined:

(a) Is a distributee or permissible distributee of trust income or principal;

(b) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in paragraph (a) terminated on that date without causing the trust to terminate; or

(c) Would be a distributee or permissible distributee of trust income or principal if the trust terminated in accordance with its terms on that date.

(20) “Revocable,” as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest.

(21) “Settlor” means a person, including a testator, who creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person’s contribution except to the extent another person has the power to revoke or withdraw that portion.

(22) “Spendthrift provision” means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary’s interest.

(23) “State” means any state of the United States and includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

(24) “Terms of a trust” means:

(a) Except as otherwise provided in paragraph (b), the manifestation of the settlor’s intent regarding a trust’s provisions as:

1. Expressed in the trust instrument; or

2. Established by other evidence that would be admissible in a judicial proceeding; or

(b) The trust’s provisions as established, determined, or amended by:

1. A trustee or trust director in accordance with applicable law;

2. Court order; or

3. A nonjudicial settlement agreement under s. 736.0111, relating to nonjudicial settlement agreements.

(25) “Trust director” means a person who is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.

(26) “Trust instrument” means an instrument executed by a settlor that contains terms of the trust, including any amendments to the trust.

(27) “Trustee” means the original trustee and includes any additional trustee, any successor trustee, and any cotrustee.

History.—s. 1, ch. 2006-217; s. 1, ch. 2009-117; s. 9, ch. 2013-172; s. 1, ch. 2018-35; s. 3, ch. 2021-183.

F.S. 736.0103 on Google Scholar

F.S. 736.0103 on Casetext

Amendments to 736.0103

Arrestable Offenses / Crimes under Fla. Stat. 736.0103

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0103.

Annotations, Discussions, Cases:

Cases Citing Statute 736.0103

Total Results: 17

VIOLETTA GRASSFIELD, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE v. PAUL GRASSFIELD

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-13T00:00:00-08:00

Snippet: legislature adopted section 736.0602 in 2007. Cf. § 736.0103 (defining other terms used in the Florida Trust

IN RE: TRUST OF ADEAN E. WINES vs

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-03T00:00:00-08:00

Snippet: Procedure.” Here, Appellee 2 See § 736.0103(4), Fla. Stat. (2022) (defining beneficiary as

ELIZABETH ANN DUFF-ESFORMES, etc. v. BARRY E. MUKAMAL, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-23T23:53:00-08:00

Snippet: Duff-Esformes has standing to object to the 2 Section 736.0103(19)(a) of the Florida Trust Code defines “qualified…distributee of trust income or principal . . . .” § 736.0103(19)(a), Fla. Stat. (2021).

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: § 732.526, Fla. Stat. Probate. § 736.0103, Fla. Stat. Definitions. § 738.102, Fla

Hadassah v. Melcer

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-09T00:00:00-08:00

Citation: 268 So. 3d 759

Snippet: currently entitled to receive a distribution. § 736.0103 (6), Fla. Stat. (2017). We find the charities

Hadassah v. Melcer

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-09T00:00:00-08:00

Citation: 268 So. 3d 759

Snippet: currently entitled to receive a distribution. § 736.0103 (6), Fla. Stat. (2017). We find the charities

HADASSAH, THE WOMEN'S ZIONIST ORGANIZATION OF AMERICA, INC. v. STEPHEN G. MELCER, TRUSTEE

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-08T23:53:00-08:00

Snippet: currently entitled to receive a distribution. § 736.0103 (6), Fla. Stat. (2017). We find the charities

REBECCA RACHINS and RICHARD Z. MINASSIAN v. ZAVEN MINASSIAN TRUST, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-11T00:53:00-07:00

Snippet: they are qualified beneficiaries under section 736.0103(16), Florida Statutes, and therefore have standing…property in a capacity other than that of trustee.” § 736.0103(4), Fla. Stat. (2017) (emphasis added). In other…accordance with its terms on that date. § 736.0103(16), Fla. Stat. (2017). “The term ‘qualified…trust are qualified beneficiaries under section 736.0103(16), Florida Statutes, because of their interest… in accordance with its terms on that date.” § 736.0103(16)(c), Fla. Stat. (2017). Here, the children

In Re: Amendments to the Florida Evidence Code - 2017 Out-of-Cycle Report

Court: Fla. | Date Filed: 2018-01-24T23:53:00-08:00

Snippet: representative or a trustee as defined in ss. 731.201 and 736.0103, an administrator ad litem as described in s.

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Fla. | Date Filed: 2015-12-17T00:00:00-08:00

Citation: 181 So. 3d 480, 40 Fla. L. Weekly Supp. 703, 2015 Fla. LEXIS 2810, 2015 WL 9264021

Snippet: beneficiary of the trust as defined in section 736.0103(16), Florida Statutes, if each trustee is also

Harrell v. Badger

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-24T00:00:00-07:00

Citation: 171 So. 3d 764, 2015 Fla. App. LEXIS 11183

Snippet: qualified beneficiaries, as defined in section 736.0103(16), Florida Statutes (2008), of the Trust because

Doris Rich Corya, etc. v. Roy Sanders

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-11T00:00:00-08:00

Citation: 155 So. 3d 1279, 2015 Fla. App. LEXIS 1846

Snippet: case law, in the repealed section 737.303. See §§ 736.0103(14), Fla. Stat. (2007), 737.303(4)(b), Fla. Stat

Doris Rich Corya, etc. and Paul J. Rich Sanders, etc. v. Roy Sanders

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-04T23:53:00-08:00

Snippet: case law, in the repealed section 737.303. See §§ 736.0103(14), Fla. Stat. (2007), 737.303(4)(b), Fla. Stat

Asous v. Guardianship of J.L.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-18T00:00:00-08:00

Citation: 128 So. 3d 900, 2013 WL 6644759, 2013 Fla. App. LEXIS 19969

Snippet: clear and convincing evidence, citing sections 736.0103(19) and 736.0407, Florida Statutes (2012), and

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2013-11-27T00:00:00-08:00

Citation: 131 So. 3d 717, 38 Fla. L. Weekly Supp. 868, 2013 WL 6223207, 2013 Fla. LEXIS 2608

Snippet: changes the reference to subsection (14) of section 736.0103 to subsection (16). See ch.2013-172, §§ 9, 17,…Fla. (redesignating subsection (14) of section 736.0103, Fla. Stat. (2012), defining “qualified beneficiary…delete reference to subsection (14) of section 736.0103). The amendment to rule 5.260(f) conforms the …beneficiary of the trust as defined in section 736.0103(14X16), if each trustee is also a personal representative

In Re Amend. to Florida Probate Rules

Court: Fla. | Date Filed: 2008-07-10T00:53:00-07:00

Citation: 986 So. 2d 576

Snippet: . § 731.201, Fla. Stat. General definitions. § 736.0103, Fla. Stat. Definitions. § 738.102, Fla. Stat.

In Re Amendments to the Fl. Probate Rules

Court: Fla. | Date Filed: 2007-07-12T00:53:00-07:00

Citation: 964 So. 2d 140

Snippet: qualified beneficiary," as defined in section 736.0103(14), Florida Statutes (2006). Additionally, new…. § 731.201, Fla. Stat. General definitions. § 736.0103, Fla. Stat. Definitions. § 738.102, Fla. Stat.…of the trust as defined in section 737.303(4)(b)736.0103(14), if each trustee is also a personal representative…from former section 737.303(4)(b) to new section 736.0103(14), which defines that term. Subdivision (b)(