736.0405

Charitable purposes; enforcement.

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736.0405 Charitable purposes; enforcement.—

(1) A trust may be created for charitable purposes. Charitable purposes include, but are not limited to, the relief of poverty; the advancement of arts, sciences, education, or religion; and the promotion of health, governmental, or municipal purposes.

(2) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor’s intent to the extent such intent can be ascertained.

(3) The settlor of a charitable trust, among others, has standing to enforce the trust. This subsection may not be construed to afford standing to the Attorney General of any other state, or another public officer of another state, with respect to any charitable trust having its principal place of administration in this state.

History.—s. 4, ch. 2006-217; s. 3, ch. 2025-18.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Kathleen Jennings, the Attorney General of the State of Delaware v. Hugh M. Durden, John S. Lord, Thomas G. Kuntz, Terri

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Kathleen Jennings, the Attorney General of the State of Delaware v. Hugh M. Durden, John S. Lord, Thomas G. Kuntz, Terri (2024) fladistctapp · cites it 3× “The trial court also claimed that section 736.0405(3), Florida Statutes, must be read to exclude persons or entities with a special interest in a public trust.”

— 736.0405(3) — 1 case

Kathleen Jennings, the Attorney General of the State of Delaware v. Hugh M. Durden, John S. Lord, Thomas G. Kuntz, Terri (2024) fladistctapp “The trial court also claimed that section 736.0405(3), Florida Statutes, must be read to exclude persons or entities with a special interest in a public trust.”

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