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2024 Florida Statutes (Including 2025C)

Title XLII ESTATES AND TRUSTS
Chapter 738 UNIFORM FIDUCIARY INCOME AND PRINCIPAL ACT Entire Chapter
SECTION 301
Definitions.
F.S. 738.301
738.301 Definitions.—For purposes of this section and ss. 738.302-738.310:
(1) “Applicable value” means the amount of the net fair market value of a trust taken into account under s. 738.307.
(2) “Express unitrust” means a trust for which, under the terms of the trust without regard to this section and ss. 738.302-738.310, net income must be calculated as a unitrust amount.
(3) “Income trust” means a trust, created by an inter vivos or testamentary instrument, that directs or permits the trustee to distribute the net income of the trust to one or more persons, in fixed proportions or in amounts or proportions determined by the trustee and regardless of whether the trust directs or permits the trustee to distribute the principal of the trust to one or more such persons.
(4) “Net fair market value of a trust” means the fair market value of the assets of the trust, less the reasonably known noncontingent liabilities of the trust.
(5) “Unitrust” means a trust for which net income is a unitrust amount. The term includes an express unitrust.
(6) “Unitrust amount” means an amount computed by multiplying a determined value of a trust by a determined percentage. For a unitrust administered under a unitrust policy, the term means the applicable value multiplied by the unitrust rate.
(7) “Unitrust policy” means a policy described in ss. 1738.301-738.310 and adopted under s. 738.303.
(8) “Unitrust rate” means the rate used to compute the unitrust amount for a unitrust administered under a unitrust policy.
History.—s. 1, ch. 2002-42; s. 9, ch. 2012-49; s. 10, ch. 2024-216.
1Note.—The Uniform Fiduciary Income and Principal Act drafted by the National Conference of Commissioners on Uniform State Laws cites to the equivalent of s. 738.305, which relates to unitrust policy.