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FL S0826

Bill

Status

Introduced

2/4/2014

Primary Sponsor

Judiciary

Click for details

Origin

Senate

2014 Regular Session

AI Summary

  • Amends Florida law governing cotrustees to limit liability of excluded trustees who must comply with directives from trustees with power to direct their actions.

  • Removes requirement that excluded trustees have actual knowledge of misconduct before being relieved of liability, establishing willful misconduct as the sole exception to liability protection.

  • Eliminates duties of excluded trustees to review, inquire, investigate, or make recommendations regarding the exercise of directive powers.

  • Makes trustees with directive power exclusively liable to beneficiaries for the exercise of that power, with sole obligation to account for and defend actions related to it.

  • Specifies that provisions governing duty to monitor other trustees do not apply when the person with power to direct excluded trustees is also a cotrustee; effective July 1, 2014.

Legislative Description

Trusts

Last Action

Laid on Table, companion bill(s) passed, see CS/CS/HB 405 (Ch. 2014-115)

4/11/2014

Committee Referrals

Rules3/26/2014
Banking and Insurance3/17/2014
Judiciary2/6/2014

Full Bill Text

No bill text available