Florida Statutes

Fla. Stat. § 736.1002 (2025)

Damages for breach of trust.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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736.1002 Damages for breach of trust.—

(1) A trustee who commits a breach of trust is liable for the greater of:

(a) The amount required to restore the value of the trust property and trust distributions to what they would have been if the breach had not occurred, including lost income, capital gain, or appreciation that would have resulted from proper administration; or

(b) The profit the trustee made by reason of the breach.

(2) Except as otherwise provided in this subsection, if more than one person, including a trustee or trustees, is liable to the beneficiaries for a breach of trust, each liable person is entitled to pro rata contribution from the other person or persons. A person is not entitled to contribution if the person committed the breach of trust in bad faith. A person who received a benefit from the breach of trust is not entitled to contribution from another person to the extent of the benefit received.

(3) In determining the pro rata shares of liable persons in the entire liability for a breach of trust:

(a) Their relative degrees of fault shall be the basis for allocation of liability.

(b) If equity requires, the collective liability of some as a group shall constitute a single share.

(4) The right of contribution shall be enforced as follows:

(a) Contribution may be enforced by separate action, whether or not judgment has been entered in an action against two or more liable persons for the same breach of trust.

(b) When a judgment has been entered in an action against two or more liable persons for the same breach of trust, contribution may be enforced in that action by judgment in favor of one judgment defendant against any other judgment defendants by motion upon notice to all parties to the action.

(c) If there is a judgment for breach of trust against the liable person seeking contribution, any separate action by that person to enforce contribution must be commenced within 1 year after the judgment has become final by lapse of time for appeal or after appellate review.

(d) If there is no judgment for the breach of trust against the liable person seeking contribution, the person’s right of contribution is barred unless the person has:

1. Discharged by payment the common liability within the period of the statute of limitations applicable to the beneficiary’s right of action against the liable person and the person has commenced an action for contribution within 1 year after payment, or

2. Agreed, while action is pending against the liable person, to discharge the common liability and has within 1 year after the agreement paid the liability and commenced the person’s action for contribution.

(5) The beneficiary’s recovery of a judgment for breach of trust against one liable person does not of itself discharge other liable persons from liability for the breach of trust unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.

(6) The judgment of the court in determining the liability of several defendants to the beneficiary for breach of trust is binding upon such defendants in determining the right of such defendants to contribution.

(7) Subsection (2) applies to all causes of action for breach of trust pending on July 1, 2007, under which causes of action the right of contribution among persons jointly and severally liable is involved and to all causes of action filed after July 1, 2007.

History.—s. 10, ch. 2006-217.

Notes of Decisions

Cited in 8 cases (4 in the last 5 years), 2009–2025 · leading case: Vaughn v. Boerckel, 20 So. 3d 443 (Fla. 4th DCA 2009).

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Vaughn v. Boerckel, 20 So. 3d 443 (Fla. 4th DCA 2009). · cites it 2× “They attached a proposed third amended petition to their motion. That pleading contains allegations relevant to petitioners’ proposed causes of action against Boerckel individually, as well as a reference to Section 736.”

Doris Rich Corya, etc. v. Roy Sanders, 155 So. 3d 1279 (Fla. 4th DCA 2015). · cites it 2× “§§ 736.1002(1), 736.1013(2), Fla. Stat. (2008).”

Maue-Kessler v. Maue (Bankr. W.D. Wash. 2019). · cites it 2× “Similarly, Fla. Stat. § 736.1002 provides in relevant part: 11 A trustee who commits a breach of trust is liable for the greater of: (a) The amount required to restore the value of the trust property and trust 12 distributions to what they would have been if the breach had not…”

F. Ronald Mastriana, as Tr. of the James & Beatrice Salah Charitable Trust, Etc. v. Brown Bros. Harriman Trust Co. (Fla. 4th DCA 2025). · cites it 2× “§ 736.1002(1), Fla. Stat. (2016). The Trust demanded a jury trial and Brown Brothers moved to strike the demand because, among other things, the Trust’s claims sounded in equity and thus did not carry the right to a jury trial.”

William P. Battaglia, Individually, & as Co-Tr. of the S.C. Battaglia Irrevocable Trust Dated v. Robert E. Battaglia, Individually, & as Co-Tr. of the S.C. Battaglia Irrevocable Trust Dated (Fla. 6th DCA 2025). · cites it 2× “See § 736.1002(1), Fla. Stat. (2020) (limiting breach of trust damages to greater of “[t]he amount required to restore the value of the trust property and trust distributions to what they would have been if the breach had not occurred, including lost income, capital gain, or…”

IMO of The Doris J. Foster Inter Vivos Declaration of Trust (Del. Ch. 2022). “67 65 Fla. Stat. §736.1002 (if a trustee commits a breach of trust, they are liable for “[t]he amount required to restore the value of the … trust distributions to what they would have been if the breach had not occurred”).”

Suzanne Revah v. Cecile Revah, Etc. (Fla. 4th DCA 2025). “Council Boy Scouts of Am., Inc., No. 6:07-CV-1091-ORL19GJK, 2009 WL 320855 , at *10 (M.”

Doris Rich Corya, etc. & Paul J. Rich Sanders, etc. v. Roy Sanders (Fla. 4th DCA 2014). “§§ 736.1002(1), 736.1013(2), Fla. Stat. (2008).”

— 736.1002(1) — 6 cases

Vaughn v. Boerckel, 20 So. 3d 443 (Fla. 4th DCA 2009). “They attached a proposed third amended petition to their motion. That pleading contains allegations relevant to petitioners’ proposed causes of action against Boerckel individually, as well as a reference to Section 736.”

Doris Rich Corya, etc. v. Roy Sanders, 155 So. 3d 1279 (Fla. 4th DCA 2015). “§§ 736.1002(1), 736.1013(2), Fla. Stat. (2008).”

F. Ronald Mastriana, as Tr. of the James & Beatrice Salah Charitable Trust, Etc. v. Brown Bros. Harriman Trust Co. (Fla. 4th DCA 2025). “§ 736.1002(1), Fla. Stat. (2016). The Trust demanded a jury trial and Brown Brothers moved to strike the demand because, among other things, the Trust’s claims sounded in equity and thus did not carry the right to a jury trial.”

William P. Battaglia, Individually, & as Co-Tr. of the S.C. Battaglia Irrevocable Trust Dated v. Robert E. Battaglia, Individually, & as Co-Tr. of the S.C. Battaglia Irrevocable Trust Dated (Fla. 6th DCA 2025). “See § 736.1002(1), Fla. Stat. (2020) (limiting breach of trust damages to greater of “[t]he amount required to restore the value of the trust property and trust distributions to what they would have been if the breach had not occurred, including lost income, capital gain, or…”

Suzanne Revah v. Cecile Revah, Etc. (Fla. 4th DCA 2025). “Council Boy Scouts of Am., Inc., No. 6:07-CV-1091-ORL19GJK, 2009 WL 320855 , at *10 (M.”

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