Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1368
                        Barcode 511566
                            CHAMBER ACTION
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11  The Committee on Judiciary (Aronberg) recommended the
12  following amendment:
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14         Senate Amendment 
15         On page 7, lines 1-12, delete those lines
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17  and insert:  (a)  If the disclaimant is an individual, the
18  disclaimed interest passes as if the disclaimant had died
19  immediately before the interest was created, unless under the
20  governing instrument or other applicable law the disclaimed
21  interest is contingent on surviving to the time of
22  distribution, in which case the disclaimed interest passes as
23  if the disclaimant had died immediately before the time for
24  distribution.  However, if, by law or under the governing
25  instrument, the descendants of the disclaimant would share in
26  the disclaimed interest by any method of representation had
27  the disclaimant died before the time of distribution, the
28  disclaimed interest passes only to the descendants of the
29  disclaimant who survive the time of distribution.  For
30  purposes of this subsection, a disclaimed interest is created
31  at the death of the benefactor or such earlier time, if any,
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    11:01 AM   03/14/05                             s1368.ju27.001


    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1368
                        Barcode 511566
 1  that the benefactor's transfer of the interest is a completed
 2  gift for federal gift tax purposes.  Also for purposes of this
 3  subsection, a disclaimed interest in a trust described in s.
 4  733.707(3) shall pass as if the interest had been created
 5  under a will.
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    11:01 AM   03/14/05                             s1368.ju27.001