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Florida Statute 736.0110 - Full Text and Legal Analysis
Florida Statute 736.0110 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 736.0110 Case Law from Google Scholar Google Search for Amendments to 736.0110

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 736
FLORIDA TRUST CODE
View Entire Chapter
736.0110 Others treated as qualified beneficiaries.
(1) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this code if the charitable organization, on the date the charitable organization’s qualification is being 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 on termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or
(c) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
(2) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in s. 736.0408 or s. 736.0409 has the rights of a qualified beneficiary under this code.
(3)(a) The Attorney General may assert the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state. The Attorney General has standing to assert such rights in any judicial proceedings.
(b) Where the Attorney General asserts the rights of a qualified beneficiary as provided in paragraph (a), the Attorney General has the exclusive authority to represent the general public, unnamed charitable beneficiaries, and any person other than a named charitable beneficiary having a special interest in a charitable trust, in any judicial proceedings within this state or elsewhere, with respect to all matters relating to the administration of the charitable trust, including, and without limitation, contract and trust law claims relating to charitable distributions and the exercise of trustee powers. The Attorney General of another state or any other public officer of another state does not have standing to assert such rights or interests.
History.s. 1, ch. 2006-217; s. 5, ch. 2017-155; s. 1, ch. 2025-18.

F.S. 736.0110 on Google Scholar

F.S. 736.0110 on CourtListener

Amendments to 736.0110


Annotations, Discussions, Cases:

Cases Citing Statute 736.0110

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Joseph R. Biden, I I I, the Attorney Gen. etc. v. John S. Lord, Herbert H. Peyton, 147 So. 3d 632 (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal

...3 2 Florida’s trust statutes also permits the Florida Attorney General to intervene on the behalf of charitable trust beneficiaries. However, the Florida Attorney General is not considered an indispensable party with regard to a trust administered under Florida law. § 736.0110(3) Fla....
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Kathleen Jennings, the Attorney Gen. of the State of Delaware v. Hugh M. Durden, John S. Lord, Thomas G. Kuntz, Terri Kelly, Geoffrey M. Rogers, & Winfred L. Thornton, etc. (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

beneficiary and thus entitled to sue the Trust. See § 736.0110(1), Fla. Stat. (2020). First, the Trustees argued
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Hadassah v. Melcer, 268 So. 3d 759 (Fla. 4th DCA 2019).

Published | Florida 4th District Court of Appeal

...ation of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or (c) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. § 736.0110(1), Fla. Stat. (2017) (emphasis added). A "distributee" is a beneficiary who is currently entitled to receive a distribution. § 736.0103 (6), Fla. Stat. (2017). We find the charities are qualified beneficiaries under section 736.0110(1)(b)....
..."[O]n termination of the interests" of the daughters, the charities "would be" distributees. Id. (emphasis added). The statute and the trust instrument are clear and unambiguous. If the daughters' interests terminate, the charities take the remainder. Therefore, the charities are qualified beneficiaries under section 736.0110(1)(b)....
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Hadassah v. Melcer, 268 So. 3d 759 (Fla. 4th DCA 2019).

Published | Florida 4th District Court of Appeal

...ation of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or (c) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. § 736.0110(1), Fla. Stat. (2017) (emphasis added). A "distributee" is a beneficiary who is currently entitled to receive a distribution. § 736.0103 (6), Fla. Stat. (2017). We find the charities are qualified beneficiaries under section 736.0110(1)(b)....
..."[O]n termination of the interests" of the daughters, the charities "would be" distributees. Id. (emphasis added). The statute and the trust instrument are clear and unambiguous. If the daughters' interests terminate, the charities take the remainder. Therefore, the charities are qualified beneficiaries under section 736.0110(1)(b)....
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Hadassah, the Women's Zionist Org. of Am., Inc. v. Stephen G. Melcer, Tr. (Fla. 4th DCA 2019).

Published | Florida 4th District Court of Appeal

...trust income or principal if the trust terminated on that date. 1 Originally, two of the three charities appealed. However, one of the charities dismissed its appeal, leaving Hadassah the sole remaining appellant. -2- § 736.0110(1), Fla. Stat. (2017) (emphasis added). A “distributee” is a beneficiary who is currently entitled to receive a distribution. § 736.0103 (6), Fla. Stat. (2017). We find the charities are qualified beneficiaries under section 736.0110(1)(b)....
...“[O]n termination of the interests” of the daughters, the charities “would be” distributees. Id. (emphasis added). The statute and the trust instrument are clear and unambiguous. If the daughters’ interests terminate, the charities take the remainder. Therefore, the charities are qualified beneficiaries under section 736.0110(1)(b). The error in the lower court’s reasoning is found in paragraph 7 where the court found: 7....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.