Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 872
       
       
       
       
       
       
                                Ì475538IÎ475538                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/12/2015           .                                
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       The Committee on Judiciary (Simpson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 733.106, Florida Statutes, is amended to
    6  read:
    7         733.106 Costs and attorney attorney’s fees.—
    8         (1) In all probate proceedings, costs may be awarded as in
    9  chancery actions.
   10         (2) A person nominated as personal representative, or any
   11  proponent of a will if the person so nominated does not act
   12  within a reasonable time, if in good faith justified in offering
   13  the will in due form for probate, shall receive costs and
   14  attorney attorney’s fees from the estate even though probate is
   15  denied or revoked.
   16         (3) Any attorney who has rendered services to an estate may
   17  be awarded reasonable compensation from the estate.
   18         (4) If When costs and attorney attorney’s fees are to be
   19  paid from the estate under this section, s. 733.6171(4), s.
   20  736.1005, or s. 736.1006, the court, in its discretion, may
   21  direct from what part of the estate they shall be paid.
   22         (a) If the court directs an assessment against a person’s
   23  part of the estate and such part is insufficient to fully pay
   24  the assessment, the court may direct payment from the person’s
   25  part of a trust, if any, if a pourover will is involved and the
   26  matter is interrelated with the trust.
   27         (b) All or any part of the costs and attorney fees to be
   28  paid from the estate may be assessed against one or more
   29  persons’ part of the estate in such proportions as the court
   30  finds to be just and proper.
   31         (c) In the exercise of its discretion, the court may
   32  consider the following factors:
   33         1. The relative impact of an assessment on the estimated
   34  value of each person’s part of the estate.
   35         2. The amount of costs and attorney fees to be assessed
   36  against a person’s part of the estate.
   37         3. The extent to which a person whose part of the estate is
   38  to be assessed, individually or through counsel, actively
   39  participated in the proceeding.
   40         4. The potential benefit or detriment to a person’s part of
   41  the estate expected from the outcome of the proceeding.
   42         5. The relative strength or weakness of the merits of the
   43  claims, defenses, or objections, if any, asserted by a person
   44  whose part of the estate is to be assessed.
   45         6. Whether a person whose part of the estate is to be
   46  assessed was a prevailing party with respect to one or more
   47  claims, defenses, or objections.
   48         7. Whether a person whose part of the estate is to be
   49  assessed unjustly caused an increase in the amount of costs and
   50  attorney fees incurred by the personal representative or another
   51  interested person in connection with the proceeding.
   52         8. Any other relevant fact, circumstance, or equity.
   53         (d) The court may assess a person’s part of the estate
   54  without finding that the person engaged in bad faith,
   55  wrongdoing, or frivolousness.
   56         Section 2. Paragraph (c) of subsection (2) and subsection
   57  (3) of section 733.212, Florida Statutes, are amended to read:
   58         733.212 Notice of administration; filing of objections.—
   59         (2) The notice shall state:
   60         (c) That any interested person on whom a copy of the notice
   61  of administration is served must file on or before the date that
   62  is 3 months after the date of service of a copy of the notice of
   63  administration on that person any objection that challenges the
   64  validity of the will, the qualifications of the personal
   65  representative, the venue, or the jurisdiction of the court. The
   66  3-month time period may only be extended for estoppel based upon
   67  a misstatement by the personal representative regarding the time
   68  period within which an objection must be filed. The time period
   69  may not be extended for any other reason, including affirmative
   70  representation, failure to disclose information, or misconduct
   71  by the personal representative or any other person. Unless
   72  sooner barred by subsection (3), all objections to the validity
   73  of a will, venue, or the jurisdiction of the court must be filed
   74  no later than the earlier of the entry of an order of final
   75  discharge of the personal representative or 1 year after service
   76  of the notice of administration.
   77         (3) Any interested person on whom a copy of the notice of
   78  administration is served must object to the validity of the
   79  will, the qualifications of the personal representative, the
   80  venue, or the jurisdiction of the court by filing a petition or
   81  other pleading requesting relief in accordance with the Florida
   82  Probate Rules on or before the date that is 3 months after the
   83  date of service of a copy of the notice of administration on the
   84  objecting person, or those objections are forever barred. The 3
   85  month time period may only be extended for estoppel based upon a
   86  misstatement by the personal representative regarding the time
   87  period within which an objection must be filed. The time period
   88  may not be extended for any other reason, including affirmative
   89  representation, failure to disclose information, or misconduct
   90  by the personal representative or any other person. Unless
   91  sooner barred by this subsection, all objections to the validity
   92  of a will, venue, or the jurisdiction of the court must be filed
   93  no later than the earlier of the entry of an order of final
   94  discharge of the personal representative or 1 year after service
   95  of the notice of administration.
   96         Section 3. Section 733.2123, Florida Statutes, is amended
   97  to read:
   98         733.2123 Adjudication before issuance of letters.—A
   99  petitioner may serve formal notice of the petition for
  100  administration on interested persons. A person who is served
  101  with such notice before the issuance of letters or who has
  102  waived notice may not challenge the validity of the will,
  103  testacy of the decedent, qualifications of the personal
  104  representative, venue, or jurisdiction of the court, except in
  105  the proceedings before issuance of letters.
  106         Section 4. Section 733.3101, Florida Statutes, is amended
  107  to read:
  108         733.3101 Personal representative not qualified.—
  109         (1) A personal representative shall resign immediately if
  110  the personal representative knows that he or she was not
  111  qualified to act at the time of appointment.
  112         (2) Any time a personal representative, who was qualified
  113  to act at the time of appointment, knows or should have known
  114  that he or she would not be qualified for appointment if
  115  application for appointment were then made, the personal
  116  representative shall promptly file and serve a notice setting
  117  forth the reasons. The personal representative’s notice shall
  118  state that any interested person may petition to remove the
  119  personal representative. An interested person on whom a copy of
  120  the personal representative’s notice is served may file a
  121  petition requesting the personal representative’s removal within
  122  30 days after the date on which such notice is served.
  123         (3) A personal representative who fails to comply with this
  124  section shall be personally liable for costs, including attorney
  125  attorney’s fees, incurred in any removal proceeding, if the
  126  personal representative is removed. This liability extends to a
  127  personal representative who does not know, but should have
  128  known, of the facts that would have required him or her to
  129  resign under subsection (1) or to file and serve notice under
  130  subsection (2). This liability shall be cumulative to any other
  131  provided by law.
  132         (4) As used in this section, the term “qualified” means
  133  that the personal representative is qualified under ss. 733.302
  134  -733.305.
  135         Section 5. Section 733.504, Florida Statutes, is amended to
  136  read:
  137         733.504 Removal of personal representative; causes for
  138  removal.—A personal representative shall be removed and the
  139  letters revoked if he or she was not qualified to act at the
  140  time of appointment. A personal representative may be removed
  141  and the letters revoked for any of the following causes, and the
  142  removal shall be in addition to any penalties prescribed by law:
  143         (1) Adjudication that the personal representative is
  144  incapacitated.
  145         (2) Physical or mental incapacity rendering the personal
  146  representative incapable of the discharge of his or her duties.
  147         (3) Failure to comply with any order of the court, unless
  148  the order has been superseded on appeal.
  149         (4) Failure to account for the sale of property or to
  150  produce and exhibit the assets of the estate when so required.
  151         (5) Wasting or maladministration of the estate.
  152         (6) Failure to give bond or security for any purpose.
  153         (7) Conviction of a felony.
  154         (8) Insolvency of, or the appointment of a receiver or
  155  liquidator for, any corporate personal representative.
  156         (9) Holding or acquiring conflicting or adverse interests
  157  against the estate that will or may interfere with the
  158  administration of the estate as a whole. This cause of removal
  159  shall not apply to the surviving spouse because of the exercise
  160  of the right to the elective share, family allowance, or
  161  exemptions, as provided elsewhere in this code.
  162         (10) Revocation of the probate of the decedent’s will that
  163  authorized or designated the appointment of the personal
  164  representative.
  165         (11) Removal of domicile from Florida, if domicile was a
  166  requirement of initial appointment.
  167         (12) The personal representative was qualified to act at
  168  the time of appointment, but is would not now be entitled to
  169  appointment.
  170  
  171  Removal under this section is in addition to any penalties
  172  prescribed by law.
  173         Section 6. Effective October 1, 2015, subsection (6) of
  174  section 733.617, Florida Statutes, is amended, and subsection
  175  (8) is added to that section, to read:
  176         733.617 Compensation of personal representative.—
  177         (6) Except as provided in subsection (8), a If the personal
  178  representative who is a member of The Florida Bar and who has
  179  rendered legal services in connection with the administration of
  180  the estate, then in addition to a fee as personal
  181  representative, there also shall be allowed a fee for the legal
  182  services rendered in addition to a fee as personal
  183  representative.
  184         (8)(a) An attorney, or a person related to the attorney, is
  185  not entitled to compensation for serving as personal
  186  representative if the attorney prepared or supervised the
  187  execution of the will that nominates the attorney or person
  188  related to the attorney as personal representative, unless the
  189  attorney or person nominated is related to the testator or the
  190  attorney makes the following disclosures to the testator in
  191  writing before the will is executed:
  192         1. Subject to certain statutory limitations, most family
  193  members regardless of their residence, other persons who are
  194  residents of Florida, including friends, and corporate
  195  fiduciaries are eligible to serve as a personal representative.
  196         2. Any person, including an attorney, who serves as a
  197  personal representative is entitled to receive reasonable
  198  compensation for serving as personal representative.
  199         3. Compensation payable to the personal representative is
  200  in addition to any attorney fees payable to the attorney or the
  201  attorney’s firm for legal services rendered to the personal
  202  representative.
  203         (b) The testator must execute a written statement
  204  acknowledging that the disclosures required by this subsection
  205  were made prior to the execution of the will. The written
  206  acknowledgment must be in a separate writing from the will, but
  207  may be annexed to the will. The written acknowledgment may be
  208  executed before or after the execution of the will in which the
  209  attorney or related person is nominated as the personal
  210  representative.
  211         (c) For purposes of this subsection:
  212         1.An attorney is deemed to have prepared or supervised the
  213  execution of a will if the preparation or the supervision of the
  214  execution of the will was performed by an employee or attorney
  215  employed by the same firm as the attorney at the time the will
  216  was executed.
  217         2.a. A person is “related” to an individual if, at the time
  218  the attorney prepared or supervised the execution of the will,
  219  the person is:
  220         (I) A spouse of the individual;
  221         (II)A lineal ascendant or descendant of the individual;
  222         (III) A sibling of the individual;
  223         (IV) A relative of the individual or of the individual’s
  224  spouse with whom the attorney maintains a close, familial
  225  relationship;
  226         (V) A spouse of a person described in sub-sub-subparagraphs
  227  (I)-(IV); or
  228         (VI) A person who cohabits with the individual.
  229         b. An employee or attorney employed by the same firm as the
  230  attorney at the time the will is executed is deemed to be
  231  related to the attorney.
  232         3.An attorney or person related to the attorney is deemed
  233  to be nominated in the will if the will provided the attorney or
  234  a person related to the attorney with the power to nominate the
  235  personal representative and the attorney or person related to
  236  the attorney was nominated using that power.
  237         (d) This subsection applies to provisions nominating an
  238  attorney or a person related to the attorney as personal
  239  representative, copersonal representative, or successor or
  240  alternate personal representative if the person nominated is
  241  unable or unwilling to serve.
  242         (e) Other than compensation payable to the personal
  243  representative, this subsection does not limit any rights or
  244  remedies that an interested person may have at law or equity.
  245         (f) The failure to obtain a written acknowledgment from the
  246  testator under this subsection does not disqualify a personal
  247  representative from serving and does not affect the validity of
  248  a will.
  249         (g) A written acknowledgment signed by the testator that is
  250  in substantially the following form is deemed to comply with the
  251  disclosure requirements of this subsection:
  252  
  253         I, ... (Name)..., declare that:
  254         I have designated ...(my attorney, an attorney employed in
  255  the same law firm as my attorney, or a person related to my
  256  attorney)... as a nominated personal representative in my will
  257  (or codicil) dated ...(Date)..._.
  258         Before executing the will (or codicil), I was informed
  259  that:
  260         (1) Subject to certain statutory limitations, most family
  261  members regardless of their residence, other persons who are
  262  residents of Florida, including friends, and corporate
  263  fiduciaries are eligible to serve as a personal representative.
  264         (2) Any person, including an attorney, who serves as a
  265  personal representative is entitled to receive reasonable
  266  compensation for serving as personal representative.
  267         (3) Compensation payable to the personal representative is
  268  in addition to any attorney fees payable to the attorney or the
  269  attorney’s firm for legal services rendered to the personal
  270  representative.
  271  
  272  ...(Testator)...
  273  
  274  ...(Dated)...
  275  
  276         (h) This subsection applies to each nomination made
  277  pursuant to a will that is:
  278         1. Executed by a resident of this state on or after October
  279  1, 2015.
  280         2. Republished by a resident of this state on or after
  281  October 1, 2015, if the republished will nominates the attorney
  282  who prepared or supervised the execution of the instrument that
  283  republished the will, or a person related to such attorney, as
  284  personal representative.
  285         Section 7. Section 733.817, Florida Statutes, is amended to
  286  read:
  287         (Substantial rewording of section. See
  288         s. 733.817, F.S., for present text.)
  289         733.817 Apportionment of estate taxes.—
  290         (1) DEFINITIONS.—As used in this section, the term:
  291         (a) “Fiduciary” means a person, other than the personal
  292  representative in possession of property included in the measure
  293  of the tax, who is liable to the applicable taxing authority for
  294  payment of the entire tax to the extent of the value of the
  295  property in possession.
  296         (b) “Generation-skipping transfer tax” means the
  297  generation-skipping transfer tax imposed by chapter 13 of the
  298  Internal Revenue Code on direct skips of interests includible in
  299  the federal gross estate or a corresponding tax imposed by any
  300  state or country or political subdivision of the foregoing. The
  301  term does not include the generation-skipping transfer tax on
  302  taxable distributions, taxable terminations, or any other
  303  generation-skipping transfer. The terms direct skip, taxable
  304  distribution,” and “taxable termination” have the same meanings
  305  as provided in s. 2612 of the Internal Revenue Code.
  306         (c) “Governing instrument” means a will, trust instrument,
  307  or any other document that controls the transfer of property on
  308  the occurrence of the event with respect to which the tax is
  309  being levied.
  310         (d) “Gross estate” means the gross estate, as determined by
  311  the Internal Revenue Code with respect to the federal estate tax
  312  and the Florida estate tax, and as that concept is otherwise
  313  determined by the estate, inheritance, or death tax laws of the
  314  particular state, country, or political subdivision whose tax is
  315  being apportioned.
  316         (e) “Included in the measure of the tax” means for each
  317  separate tax that an interest may incur, only interests included
  318  in the measure of that particular tax are considered. As used in
  319  this section, the term does not include:
  320         1. Any interest, whether passing under the will or not, to
  321  the extent the interest is initially deductible from the gross
  322  estate, without regard to any subsequent reduction of the
  323  deduction by reason of the charge of any part of the applicable
  324  tax to the interest. If an election is required for
  325  deductibility, an interest is not initially deductible unless
  326  the election for deductibility is allowed.
  327         2. Interests or amounts that are not included in the gross
  328  estate but are included in the amount upon which the applicable
  329  tax is computed, such as adjusted taxable gifts pursuant to s.
  330  2001 of the Internal Revenue Code.
  331         3. Gift taxes included in the gross estate pursuant to s.
  332  2035 of the Internal Revenue Code and the portion of any inter
  333  vivos transfer included in the gross estate pursuant to s. 529
  334  of the Internal Revenue Code, notwithstanding inclusion in the
  335  gross estate.
  336         (f) “Internal Revenue Code” means the Internal Revenue Code
  337  of 1986, as amended.
  338         (g) “Net tax” means the net tax payable to the particular
  339  state, country, or political subdivision whose tax is being
  340  apportioned, after taking into account all credits against the
  341  applicable tax except as provided in this section. With respect
  342  to the federal estate tax, net tax is determined after taking
  343  into account all credits against the tax except for the credit
  344  for foreign death taxes and except for the credit or deduction
  345  for state taxes imposed by states other than this state.
  346         (h) “Nonresiduary devise” means any devise that is not a
  347  residuary devise.
  348         (i) “Nonresiduary interest,” in connection with a trust,
  349  means any interest in a trust which is not a residuary interest.
  350         (j) “Recipient” means, with respect to property or an
  351  interest in property included in the gross estate, an heir at
  352  law in an intestate estate, devisee in a testate estate,
  353  beneficiary of a trust, beneficiary of a life insurance policy,
  354  annuity, or other contractual right, surviving tenant, taker as
  355  a result of the exercise or in default of the exercise of a
  356  general power of appointment, person who receives or is to
  357  receive the property or an interest in the property, or person
  358  in possession of the property, other than a creditor.
  359         (k)“Residuary devise” has the meaning in s. 731.201.
  360         (l) “Residuary interest,” in connection with a trust, means
  361  an interest in the assets of a trust which remain after
  362  provision for any distribution that is to be satisfied by
  363  reference to a specific property or type of property, fund, sum,
  364  or statutory amount.
  365         (m) “Revocable trust” means a trust as described in s.
  366  733.707(3).
  367         (n) “Section 2044 interest” means an interest included in
  368  the measure of the tax by reason of s. 2044 of the Internal
  369  Revenue Code.
  370         (o) “State” means any state, territory, or possession of
  371  the United States, the District of Columbia, or the Commonwealth
  372  of Puerto Rico.
  373         (p) “Tax” means any estate tax, inheritance tax,
  374  generation-skipping transfer tax, or other tax levied or
  375  assessed under the laws of this or any other state, the United
  376  States, any other country, or any political subdivision of the
  377  foregoing, as finally determined, which is imposed as a result
  378  of the death of the decedent. The term also includes any
  379  interest or penalties imposed in addition to the tax. Unless the
  380  context indicates otherwise, the term means each separate tax.
  381  The term does not include any additional estate tax imposed by
  382  s. 2032A(c) or s. 2057(f) of the Internal Revenue Code or a
  383  corresponding tax imposed by any state or country or political
  384  subdivision of the foregoing. The additional estate tax imposed
  385  shall be apportioned as provided in s. 2032A or s. 2057 of the
  386  Internal Revenue Code.
  387         (q) “Temporary interest” means an interest in income or an
  388  estate for a specific period of time, for life, or for some
  389  other period controlled by reference to extrinsic events,
  390  whether or not in trust.
  391         (r) “Tentative Florida tax” with respect to any property
  392  means the net Florida estate tax that would have been
  393  attributable to that property if no tax were payable to any
  394  other state in respect of that property.
  395         (s) “Value” means the pecuniary worth of the interest
  396  involved as finally determined for purposes of the applicable
  397  tax after deducting any debt, expense, or other deduction
  398  chargeable to it for which a deduction was allowed in
  399  determining the amount of the applicable tax. A lien or other
  400  encumbrance is not regarded as chargeable to a particular
  401  interest to the extent that it will be paid from other
  402  interests. The value of an interest is not reduced by reason of
  403  the charge against it of any part of the tax, except as provided
  404  in paragraph (3)(a).
  405         (2) ALLOCATION OF TAX.—Except as effectively directed in
  406  the governing instrument pursuant to subsection (4), the net tax
  407  attributable to the interests included in the measure of each
  408  tax shall be determined by the proportion that the value of each
  409  interest included in the measure of the tax bears to the total
  410  value of all interests included in the measure of the tax.
  411  Notwithstanding the foregoing provision of this subsection and
  412  except as effectively directed in the governing instrument:
  413         (a) The net tax attributable to section 2044 interests
  414  shall be determined in the manner provided for the federal
  415  estate tax in s. 2207A of the Internal Revenue Code, and the
  416  amount so determined shall be deducted from the tax to determine
  417  the net tax attributable to all other interests included in the
  418  measure of the tax.
  419         (b) The foreign tax credit allowed with respect to the
  420  federal estate tax shall be allocated among the recipients of
  421  interests finally charged with the payment of the foreign tax in
  422  reduction of any federal estate tax chargeable to the recipients
  423  of the foreign interests, whether or not any federal estate tax
  424  is attributable to the foreign interests. Any excess of the
  425  foreign tax credit shall be applied to reduce proportionately
  426  the net amount of federal estate tax chargeable to the remaining
  427  recipients of the interests included in the measure of the
  428  federal estate tax.
  429         (c) The reduction in the net tax attributable to the
  430  deduction for state death taxes allowed by s. 2058 of the
  431  Internal Revenue Code shall be allocated to the recipients of
  432  the interests that produced the deduction. For this purpose, the
  433  reduction in the net tax shall be calculated in the manner
  434  provided for interests other than those described in paragraph
  435  (a).
  436         (d) The reduction in the Florida tax, if one is imposed, on
  437  the estate of a Florida resident for tax paid to another state
  438  shall be allocated as follows:
  439         1. If the net tax paid to another state is greater than or
  440  equal to the tentative Florida tax attributable to the property
  441  subject to tax in the other state, none of the Florida tax shall
  442  be attributable to that property.
  443         2. If the net tax paid to another state is less than the
  444  tentative Florida tax attributable to the property subject to
  445  tax in the other state, the net Florida tax attributable to the
  446  property subject to tax in the other state shall be the excess
  447  of the amount of the tentative Florida tax attributable to the
  448  property over the net tax payable to the other state with
  449  respect to the property.
  450         3. Any remaining net Florida tax shall be attributable to
  451  property included in the measure of the Florida tax exclusive of
  452  the property subject to tax in another state.
  453         4. The net federal tax attributable to the property subject
  454  to tax in the other state shall be determined as if the property
  455  were located in that state.
  456         (e) The net tax attributable to a temporary interest, if
  457  any, is regarded as attributable to the principal that supports
  458  the temporary interest.
  459         (3)APPORTIONMENT OF TAX.—Except as otherwise effectively
  460  directed in the governing instrument pursuant to subsection (4),
  461  the net tax attributable to each interest shall be apportioned
  462  as follows:
  463         (a)Generation-skipping transfer tax.—Any federal or state
  464  generation-skipping transfer tax shall be apportioned as
  465  provided in s. 2603 of the Internal Revenue Code after the
  466  application of the remaining provisions of this subsection to
  467  taxes other than the generation-skipping transfer tax.
  468         (b)Section 2044 interests.—The net tax attributable to
  469  section 2044 interests shall be apportioned among the recipients
  470  of the section 2044 interests in the proportion that the value
  471  of each section 2044 interest bears to the total of all section
  472  2044 interests. The net tax apportioned by this paragraph to
  473  section 2044 interests that pass in the manner described in
  474  paragraph (c) or paragraph (d) shall be apportioned to the
  475  section 2044 interests in the manner described in those
  476  paragraphs before the apportionment of the net tax attributable
  477  to the other interests passing as provided in those paragraphs.
  478  The net tax attributable to the interests other than the section
  479  2044 interests which pass in the manner described in paragraph
  480  (c) or paragraph (d) shall be apportioned only to such other
  481  interests pursuant to those paragraphs.
  482         (c)Wills.—The net tax attributable to property passing
  483  under the decedent’s will shall be apportioned in the following
  484  order of priority:
  485         1. The net tax attributable to nonresiduary devises shall
  486  be charged to and paid from the residuary estate, whether or not
  487  all interests in the residuary estate are included in the
  488  measure of the tax. If the residuary estate is insufficient to
  489  pay the net tax attributable to all nonresiduary devises, the
  490  balance of the net tax attributable to nonresiduary devises
  491  shall be apportioned among the recipients of the nonresiduary
  492  devises in the proportion that the value of each nonresiduary
  493  devise included in the measure of the tax bears to the total of
  494  all nonresiduary devises included in the measure of the tax.
  495         2. The net tax attributable to residuary devises shall be
  496  apportioned among the recipients of the residuary devises
  497  included in the measure of the tax in the proportion that the
  498  value of each residuary devise included in the measure of the
  499  tax bears to the total of all residuary devises included in the
  500  measure of the tax. If the residuary estate is insufficient to
  501  pay the net tax attributable to all residuary devises, the
  502  balance of the net tax attributable to residuary devises shall
  503  be apportioned among the recipients of the nonresiduary devises
  504  in the proportion that the value of each nonresiduary devise
  505  included in the measure of the tax bears to the total of all
  506  nonresiduary devises included in the measure of the tax.
  507         (d) Trusts.—The net tax attributable to property passing
  508  under the terms of any trust other than a trust created in the
  509  decedent’s will shall be apportioned in the following order of
  510  priority:
  511         1. The net tax attributable to nonresiduary interests of
  512  the trust shall be charged to and paid from the residuary
  513  portion of the trust, whether or not all interests in the
  514  residuary portion are included in the measure of the tax. If the
  515  residuary portion is insufficient to pay the net tax
  516  attributable to all nonresiduary interests, the balance of the
  517  net tax attributable to nonresiduary interests shall be
  518  apportioned among the recipients of the nonresiduary interests
  519  in the proportion that the value of each nonresiduary interest
  520  included in the measure of the tax bears to the total of all
  521  nonresiduary interests included in the measure of the tax.
  522         2. The net tax attributable to residuary interests of the
  523  trust shall be apportioned among the recipients of the residuary
  524  interests of the trust included in the measure of the tax in the
  525  proportion that the value of each residuary interest included in
  526  the measure of the tax bears to the total of all residuary
  527  interests of the trust included in the measure of the tax. If
  528  the residuary portion is insufficient to pay the net tax
  529  attributable to all residuary interests, the balance of the net
  530  tax attributable to residuary interests shall be apportioned
  531  among the recipients of the nonresiduary interests in the
  532  proportion that the value of each nonresiduary interest included
  533  in the measure of the tax bears to the total of all nonresiduary
  534  interests included in the measure of the tax.
  535  
  536  Except as provided in paragraph (g), this paragraph applies
  537  separately for each trust.
  538         (e) Protected homestead, exempt property, and family
  539  allowance.
  540         1. The net tax attributable to an interest in protected
  541  homestead, exempt property, and the family allowance determined
  542  under s. 732.403 shall be apportioned against the recipients of
  543  other interests in the estate or passing under any revocable
  544  trust in the following order of priority:
  545         a. Class I.—Recipients of interests passing by intestacy
  546  that are included in the measure of the federal estate tax.
  547         b. Class II.—Recipients of residuary devises, residuary
  548  interests, and pretermitted shares under ss. 732.301 and 732.302
  549  that are included in the measure of the federal estate tax.
  550         c. Class III.—Recipients of nonresiduary devises and
  551  nonresiduary interests that are included in the measure of the
  552  federal estate tax.
  553         2. Any net tax apportioned to a class pursuant to this
  554  paragraph shall be apportioned among each recipient in the class
  555  in the proportion that the value of the interest of each bears
  556  to the total value of all interests included in that class. A
  557  tax may not be apportioned under this paragraph to the portion
  558  of any interest applied in satisfaction of the elective share
  559  whether or not included in the measure of the tax. For purposes
  560  of this paragraph, if the value of the interests described in s.
  561  732.2075(1) exceeds the amount of the elective share, the
  562  elective share shall be treated as satisfied first from
  563  interests other than those described in classes I, II, and III,
  564  and to the extent that those interests are insufficient to
  565  satisfy the elective share, from the interests passing to or for
  566  the benefit of the surviving spouse described in classes I, II,
  567  and III, beginning with those described in class I, until the
  568  elective share is satisfied. This paragraph has priority over
  569  paragraphs (a) and (h).
  570         3. The balance of the net tax attributable to any interest
  571  in protected homestead, exempt property, and the family
  572  allowance determined under s. 732.403 which is not apportioned
  573  under the preceding provisions of this paragraph shall be
  574  apportioned to the recipients of those interests included in the
  575  measure of the tax in the proportion that the value of each
  576  bears to the total value of those interests included in the
  577  measure of the tax.
  578         (f) Construction.—For purposes of this subsection:
  579         1. If the decedent’s estate is the beneficiary of a life
  580  insurance policy, annuity, or contractual right included in the
  581  decedent’s gross estate, or is the taker as a result of the
  582  exercise or default in exercise of a general power of
  583  appointment held by the decedent, that interest shall be
  584  regarded as passing under the terms of the decedent’s will for
  585  the purposes of paragraph (c) or by intestacy if not disposed of
  586  by will. Additionally, any interest included in the measure of
  587  the tax by reason of s. 2041 of the Internal Revenue Code
  588  passing to the decedent’s creditors or the creditors of the
  589  decedent’s estate shall be regarded as passing to the decedent’s
  590  estate for the purpose of this subparagraph.
  591         2. If a trust is the beneficiary of a life insurance
  592  policy, annuity, or contractual right included in the decedent’s
  593  gross estate, or is the taker as a result of the exercise or
  594  default in exercise of a general power of appointment held by
  595  the decedent, that interest shall be regarded as passing under
  596  the trust for purposes of paragraph (d).
  597         (g) Common instrument construction.In the application of
  598  this subsection, paragraphs (b)-(f) shall be applied to
  599  apportion the net tax to the recipients under certain governing
  600  instruments as if all recipients under those instruments, other
  601  than the estate or revocable trust itself, were taking under a
  602  common instrument. This construction applies to the following:
  603         1. The decedent’s will and revocable trust if the estate is
  604  a beneficiary of the revocable trust or if the revocable trust
  605  is a beneficiary of the estate.
  606         2. A revocable trust of the decedent and another revocable
  607  trust of the decedent if either trust is the beneficiary of the
  608  other trust.
  609         (h) Other interests.—The net tax that is not apportioned to
  610  interests under paragraphs (b)-(g), including, but not limited
  611  to, the net tax attributable to interests passing by intestacy,
  612  interests applied in satisfaction of the elective share pursuant
  613  to s. 732.2075(2), interests passing by reason of the exercise
  614  or nonexercise of a general power of appointment, jointly held
  615  interests passing by survivorship, life insurance, properties in
  616  which the decedent held a reversionary or revocable interest,
  617  annuities, and contractual rights, shall be apportioned among
  618  the recipients of the remaining interests included in the
  619  measure of the tax in the proportion that the value of each such
  620  interest bears to the total value of all remaining interests
  621  included in the measure of the tax.
  622         (i) Assessment of liability by court.—If the court finds
  623  that:
  624         1. It is inequitable to apportion interest or penalties, or
  625  both, in the manner provided in paragraphs (a)-(h), the court
  626  may assess liability for the payment thereof in the manner that
  627  the court finds equitable.
  628         2. The payment of any tax was not effectively directed in
  629  the governing instrument pursuant to subsection (4) and that
  630  such tax is not apportioned by this subsection, the court may
  631  assess liability for the payment of such tax in the manner that
  632  the court finds equitable.
  633         (4) DIRECTION AGAINST APPORTIONMENT.—
  634         (a) Except as provided in this subsection, a governing
  635  instrument may not direct that taxes be paid from property other
  636  than that passing under the governing instrument.
  637         (b) For a direction in a governing instrument to be
  638  effective to direct payment of taxes attributable to property
  639  passing under the governing instrument in a manner different
  640  from that provided in this section, the direction must be
  641  express.
  642         (c) For a direction in a governing instrument to be
  643  effective to direct payment of taxes attributable to property
  644  not passing under the governing instrument from property passing
  645  under the governing instrument, the governing instrument must
  646  expressly direct that the property passing under the governing
  647  instrument bear the burden of taxation for property not passing
  648  under the governing instrument. Except as provided in paragraph
  649  (d), a direction in the governing instrument to the effect that
  650  all taxes are to be paid from property passing under the
  651  governing instrument whether attributable to property passing
  652  under the governing instrument or otherwise shall be effective
  653  to direct payment from property passing under the governing
  654  instrument of taxes attributable to property not passing under
  655  the governing instrument.
  656         (d) In addition to satisfying the other provisions of this
  657  subsection:
  658         1.a. For a direction in the decedent’s will or revocable
  659  trust to be effective in waiving the right of recovery provided
  660  in s. 2207A of the Internal Revenue Code for the tax
  661  attributable to section 2044 interests, and for any tax imposed
  662  by Florida based upon such section 2044 interests, the direction
  663  must expressly waive that right of recovery. An express
  664  direction that property passing under the will or revocable
  665  trust bear the tax imposed by s. 2044 of the Internal Revenue
  666  Code is deemed an express waiver of the right of recovery
  667  provided in s. 2207A of the Internal Revenue Code. A reference
  668  to “qualified terminable interest property,” “QTIP,” or property
  669  in which the decedent had a “qualifying income interest for
  670  life” is deemed to be a reference to property upon which tax is
  671  imposed by s. 2044 of the Internal Revenue Code which is subject
  672  to the right of recovery provided in s. 2207A of the Internal
  673  Revenue Code.
  674         b. If property is included in the gross estate pursuant to
  675  ss. 2041 and 2044 of the Internal Revenue Code, the property is
  676  deemed included under s. 2044, and not s. 2041, for purposes of
  677  allocation and apportionment of the tax.
  678         2. For a direction in the decedent’s will or revocable
  679  trust to be effective in waiving the right of recovery provided
  680  in s. 2207B of the Internal Revenue Code for tax imposed by
  681  reason of s. 2036 of the Internal Revenue Code, and any tax
  682  imposed by Florida based upon s. 2036 of the Internal Revenue
  683  Code, the direction must expressly waive that right of recovery.
  684  An express direction that property passing under the will or
  685  revocable trust bear the tax imposed by s. 2036 of the Internal
  686  Revenue Code is deemed an express waiver of the right of
  687  recovery provided in s. 2207B of the Internal Revenue Code. If
  688  property is included in the gross estate pursuant to ss. 2036
  689  and 2038 of the Internal Revenue Code, the property is deemed
  690  included under s. 2038, not s. 2036, for purposes of allocation
  691  and apportionment of the tax, and there is no right of recovery
  692  under s. 2207B of the Internal Revenue Code.
  693         3. A general statement in the decedent’s will or revocable
  694  trust waiving all rights of reimbursement or recovery under the
  695  Internal Revenue Code is not an express waiver of the rights of
  696  recovery provided in s. 2207A or s. 2207B of the Internal
  697  Revenue Code.
  698         4. For a direction in a governing instrument to be
  699  effective to direct payment of generation-skipping transfer tax
  700  in a manner other than as provided in s. 2603 of the Internal
  701  Revenue Code, and any tax imposed by Florida based on s. 2601 of
  702  the Internal Revenue Code, the direction must specifically
  703  reference the tax imposed by s. 2601 of the Internal Revenue
  704  Code. A reference to the generation-skipping transfer tax or s.
  705  2603 of the Internal Revenue Code is deemed to be a reference to
  706  property upon which tax is imposed by reason of s. 2601 of the
  707  Internal Revenue Code.
  708         (e) If the decedent expressly directs by will, the net tax
  709  attributable to property over which the decedent held a general
  710  power of appointment may be determined in a manner other than as
  711  provided in subsection (2) if the net tax attributable to that
  712  property does not exceed the difference between the total net
  713  tax determined pursuant to subsection (2), determined without
  714  regard to this paragraph, and the total net tax that would have
  715  been payable if the value of the property subject to such power
  716  of appointment had not been included in the decedent’s gross
  717  estate. If tax is attributable to one or more section 2044
  718  interests pursuant to subsection (2), the net tax attributable
  719  to the section 2044 interests shall be calculated before the
  720  application of this paragraph unless the decedent expressly
  721  directs otherwise by will.
  722         (f) If the decedent’s will expressly provides that the tax
  723  is to be apportioned as provided in the decedent’s revocable
  724  trust by specific reference to the revocable trust, an express
  725  direction in the revocable trust is deemed to be a direction
  726  contained in the will as well as the revocable trust.
  727         (g) An express direction in the decedent’s will to pay tax
  728  from the decedent’s revocable trust by specific reference to the
  729  revocable trust is effective unless a contrary express direction
  730  is contained in the revocable trust.
  731         (h) If governing instruments contain effective directions
  732  that conflict as to payment of taxes, the most recently executed
  733  tax apportionment provision controls to the extent of the
  734  conflict. For the purpose of this subsection, if a will or other
  735  governing instrument is amended, the date of the codicil to the
  736  will or amendment to the governing instrument is regarded as the
  737  date of the will or other governing instrument only if the
  738  codicil or amendment contains an express tax apportionment
  739  provision or an express modification of the tax apportionment
  740  provision. A general statement ratifying or republishing all
  741  provisions not otherwise amended does not meet this condition.
  742  If the decedent’s will and another governing instrument were
  743  executed on the same date, the will is deemed executed after the
  744  other governing instrument. The earlier conflicting governing
  745  instrument controls as to any tax remaining unpaid after the
  746  application of the later conflicting governing instrument.
  747         (i) A grant of permission or authority in a governing
  748  instrument to request payment of tax from property passing under
  749  another governing instrument is not a direction apportioning the
  750  tax to the property passing under the other governing
  751  instrument. A grant of permission or authority in a governing
  752  instrument to pay tax attributable to property not passing under
  753  the governing instrument is not a direction apportioning the tax
  754  to property passing under the governing instrument.
  755         (j) This section applies to any tax remaining to be paid
  756  after the application of any effective express directions. An
  757  effective express direction for payment of tax on specific
  758  property or a type of property in a manner different from that
  759  provided in this section is not effective as an express
  760  direction for payment of tax on other property or other types of
  761  property included in the measure of the tax.
  762         (5) TRANSFER OF PROPERTY.—A personal representative or
  763  fiduciary shall not be required to transfer to a recipient any
  764  property reasonably anticipated to be necessary for the payment
  765  of taxes. Further, the personal representative or fiduciary is
  766  not required to transfer any property to the recipient until the
  767  amount of the tax due from the recipient is paid by the
  768  recipient. If property is transferred before final apportionment
  769  of the tax, the recipient shall provide a bond or other security
  770  for his or her apportioned liability in the amount and form
  771  prescribed by the personal representative or fiduciary.
  772         (6) ORDER OF APPORTIONMENT.—
  773         (a) The personal representative may petition at any time
  774  for an order of apportionment. If administration of the
  775  decedent’s estate has not commenced at any time after 90 days
  776  from the decedent’s death, any fiduciary may petition for an
  777  order of apportionment in the court in which venue would be
  778  proper for administration of the decedent’s estate. Notice of
  779  the petition for order of apportionment must be served on all
  780  interested persons in the manner provided for service of formal
  781  notice. At any time after 6 months from the decedent’s death,
  782  any recipient may petition the court for an order of
  783  apportionment.
  784         (b) The court shall determine all issues concerning
  785  apportionment. If the tax to be apportioned has not been finally
  786  determined, the court shall determine the probable tax due or to
  787  become due from all interested persons, apportion the probable
  788  tax, and retain jurisdiction over the parties and issues to
  789  modify the order of apportionment as appropriate until after the
  790  tax is finally determined.
  791         (7) DEFICIENCY.—
  792         (a) If the personal representative or fiduciary does not
  793  have possession of sufficient property otherwise distributable
  794  to the recipient to pay the tax apportioned to the recipient,
  795  whether under this section, the Internal Revenue Code, or the
  796  governing instrument, if applicable, the personal representative
  797  or fiduciary shall recover the deficiency in tax so apportioned
  798  to the recipient:
  799         1. From the fiduciary in possession of the property to
  800  which the tax is apportioned, if any; and
  801         2. To the extent of any deficiency in collection from the
  802  fiduciary, or to the extent collection from the fiduciary is
  803  excused pursuant to subsection (8) and in all other cases, from
  804  the recipient of the property to which the tax is apportioned,
  805  unless relieved of this duty as provided in subsection (8).
  806         (b) In any action to recover the tax apportioned, the order
  807  of apportionment is prima facie correct.
  808         (c) In any action for the enforcement of an order of
  809  apportionment, the court shall award taxable costs as in
  810  chancery actions, including reasonable attorney fees, and may
  811  award penalties and interest on the unpaid tax in accordance
  812  with equitable principles.
  813         (d) This subsection does not authorize the recovery of any
  814  tax from a company issuing life insurance included in the gross
  815  estate, or from a bank, trust company, savings and loan
  816  association, or similar institution with respect to any account
  817  in the name of the decedent and any other person which passed by
  818  operation of law at the decedent’s death.
  819         (8) RELIEF FROM DUTY.—
  820         (a) A personal representative or fiduciary who has the duty
  821  under this section of collecting the apportioned tax from
  822  recipients may be relieved of the duty to collect the tax by an
  823  order of the court finding that:
  824         1. The estimated court costs and attorney fees in
  825  collecting the apportioned tax from a person against whom the
  826  tax has been apportioned will approximate or exceed the amount
  827  of the recovery;
  828         2. The person against whom the tax has been apportioned is
  829  a resident of a foreign country other than Canada and refuses to
  830  pay the apportioned tax on demand; or
  831         3. It is impracticable to enforce contribution of the
  832  apportioned tax against a person against whom the tax has been
  833  apportioned in view of the improbability of obtaining a judgment
  834  or the improbability of collection under any judgment that might
  835  be obtained, or otherwise.
  836         (b) A personal representative or fiduciary is not liable
  837  for failure to attempt to enforce collection if the personal
  838  representative or fiduciary reasonably believes that collection
  839  would have been economically impracticable.
  840         (9) UNCOLLECTED TAX.Any apportioned tax that is not
  841  collected shall be reapportioned in accordance with this section
  842  as if the portion of the property to which the uncollected tax
  843  had been apportioned had been exempt.
  844         (10) CONTRIBUTION.—This section does not limit the right of
  845  any person who has paid more than the amount of the tax
  846  apportionable to that person, calculated as if all apportioned
  847  amounts would be collected, to obtain contribution from those
  848  who have not paid the full amount of the tax apportionable to
  849  them, calculated as if all apportioned amounts would be
  850  collected, and that right is hereby conferred. In any action to
  851  enforce contribution, the court shall award taxable costs as in
  852  chancery actions, including reasonable attorney fees.
  853         (11) FOREIGN TAX.—This section does not require the
  854  personal representative or fiduciary to pay any tax levied or
  855  assessed by a foreign country unless specific directions to that
  856  effect are contained in the will or other instrument under which
  857  the personal representative or fiduciary is acting.
  858         Section 8. Effective October 1, 2015, subsection (4) is
  859  added to section 736.0708, Florida Statutes, to read:
  860         736.0708 Compensation of trustee.—
  861         (4)(a)An attorney, or a person related to the attorney, is
  862  not entitled to compensation for serving as trustee if the
  863  attorney prepared or supervised the execution of the trust
  864  instrument that appoints the attorney or person related to the
  865  attorney as trustee, unless the attorney or person appointed is
  866  related to the settlor or the attorney makes the following
  867  disclosures to the settlor in writing before the trust
  868  instrument is executed:
  869         1. Unless specifically disqualified by the terms of the
  870  trust instrument, any person, regardless of his or her
  871  residence, including a family member, friend, or corporate
  872  fiduciary is eligible to serve as a trustee.
  873         2. Any person, including an attorney, who serves as a
  874  trustee is entitled to receive reasonable compensation for
  875  serving as trustee.
  876         3. Compensation payable to the trustee is in addition to
  877  any attorney fees payable to the attorney or the attorney’s firm
  878  for legal services rendered to the trustee.
  879         (b) The settlor must execute a written statement
  880  acknowledging that the disclosures required by this subsection
  881  were made before the execution of the trust instrument. The
  882  written acknowledgment must be in a separate writing from the
  883  trust instrument, but may be annexed to the trust instrument.
  884  The written acknowledgment may be executed before or after the
  885  execution of the trust instrument in which the attorney or
  886  related person is appointed as the trustee.
  887         (c) For purposes of this subsection:
  888         1.An attorney is deemed to have prepared or supervised the
  889  execution of a trust instrument if the preparation or the
  890  supervision of the execution of the trust instrument was
  891  performed by an employee or attorney employed by the same firm
  892  as the attorney at the time the trust instrument was executed.
  893         2.a. A person is “related” to an individual if, at the time
  894  the attorney prepared or supervised the execution of the trust
  895  instrument, the person is:
  896         (I) A spouse of the individual;
  897         (II)A lineal ascendant or descendant of the individual;
  898         (III) A sibling of the individual;
  899         (IV) A relative of the individual or of the individual’s
  900  spouse with whom the lawyer maintains a close, familial
  901  relationship;
  902         (V) A spouse of a person described in sub-sub-subparagraphs
  903  (I)-(IV); or
  904         (VI) A person who cohabitates with the individual.
  905         b. An employee or attorney employed by the same firm as the
  906  attorney at the time the trust instrument is executed is deemed
  907  to be related to the attorney.
  908         3.An attorney or person related to the attorney is deemed
  909  to be appointed in the trust instrument if the trust instrument
  910  provided the attorney or a person related to the attorney with
  911  the power to appoint the trustee and the attorney or person
  912  related to the attorney was appointed using that power.
  913         (d) This subsection applies to provisions appointing an
  914  attorney or a person related to the attorney as trustee,
  915  cotrustee, or as successor or alternate trustee if the person
  916  appointed is unable or unwilling to serve.
  917         (e) Other than compensation payable to the trustee, this
  918  subsection does not limit any rights or remedies that an
  919  interested person may have at law or equity.
  920         (f) The failure to obtain a written acknowledgment from the
  921  settlor under this subsection does not disqualify a trustee from
  922  serving and does not affect the validity of a trust instrument.
  923         (g) A written acknowledgment signed by the settlor that is
  924  in substantially the following form is deemed to comply with the
  925  disclosure requirements of this subsection:
  926  
  927         I, ...(Name)... declare that:
  928         I have designated ...(my attorney, an attorney employed in
  929  the same law firm as my attorney, or a person related to my
  930  attorney)... as a trustee in my trust instrument dated
  931  _...(Date)....
  932         Before executing the trust, I was informed that:
  933         1. Unless specifically disqualified by the terms of the
  934  trust instrument, any person, regardless of his or her
  935  residence, including a family member, friend, or corporate
  936  fiduciary is eligible to serve as a trustee.
  937         2. Any person, including an attorney, who serves as a
  938  trustee is entitled to receive reasonable compensation for
  939  serving as trustee.
  940         3. Compensation payable to the trustee is in addition to
  941  any attorney fees payable to the attorney or the attorney’s firm
  942  for legal services rendered to the trustee.
  943  
  944  ...(Settlor)...
  945  
  946  ...(Dated)...
  947  
  948         (h) This subsection applies to each appointment made
  949  pursuant to a trust instrument that is:
  950         1. Executed by a resident of this state on or after October
  951  1, 2015.
  952         2. Amended by a resident of this state on or after October
  953  1, 2015, if the trust instrument appoints the attorney who
  954  prepared or supervised the execution of the amendment, or a
  955  person related to such attorney, as trustee.
  956         Section 9. Section 736.1005, Florida Statutes, is amended
  957  to read:
  958         736.1005 Attorney attorney’s fees for services to the
  959  trust.—
  960         (1) Any attorney who has rendered services to a trust may
  961  be awarded reasonable compensation from the trust. The attorney
  962  may apply to the court for an order awarding attorney attorney’s
  963  fees and, after notice and service on the trustee and all
  964  beneficiaries entitled to an accounting under s. 736.0813, the
  965  court shall enter an order on the fee application.
  966         (2) If attorney Whenever attorney’s fees are to be paid
  967  from out of the trust under subsection (1), s. 736.1007(5)(a),
  968  or s. 733.106(4)(a), the court, in its discretion, may direct
  969  from what part of the trust the fees shall be paid.
  970         (a) All or any part of the attorney fees to be paid from
  971  the trust may be assessed against one or more persons’ part of
  972  the trust in such proportions as the court finds to be just and
  973  proper.
  974         (b) In the exercise of its discretion, the court may
  975  consider the following factors:
  976         1. The relative impact of an assessment on the estimated
  977  value of each person’s part of the trust.
  978         2. The amount of attorney fees to be assessed against a
  979  person’s part of the trust.
  980         3. The extent to which a person whose part of the trust is
  981  to be assessed, individually or through counsel, actively
  982  participated in the proceeding.
  983         4. The potential benefit or detriment to a person’s part of
  984  the trust expected from the outcome of the proceeding.
  985         5. The relative strength or weakness of the merits of the
  986  claims, defenses, or objections, if any, asserted by a person
  987  whose part of the trust is to be assessed.
  988         6. Whether a person whose part of the trust is to be
  989  assessed was a prevailing party with respect to one or more
  990  claims, defenses, or objections.
  991         7. Whether a person whose part of the trust is to be
  992  assessed unjustly caused an increase in the amount of attorney
  993  fees incurred by the trustee or another person in connection
  994  with the proceeding.
  995         8. Any other relevant fact, circumstance, or equity.
  996         (c) The court may assess a person’s part of the trust
  997  without finding that the person engaged in bad faith,
  998  wrongdoing, or frivolousness.
  999         (3) Except when a trustee’s interest may be adverse in a
 1000  particular matter, the attorney shall give reasonable notice in
 1001  writing to the trustee of the attorney’s retention by an
 1002  interested person and the attorney’s entitlement to fees
 1003  pursuant to this section. A court may reduce any fee award for
 1004  services rendered by the attorney prior to the date of actual
 1005  notice to the trustee, if the actual notice date is later than a
 1006  date of reasonable notice. In exercising this discretion, the
 1007  court may exclude compensation for services rendered after the
 1008  reasonable notice date but before prior to the date of actual
 1009  notice.
 1010         Section 10. Section 736.1006, Florida Statutes, is amended
 1011  to read:
 1012         736.1006 Costs in trust proceedings.—
 1013         (1) In all trust proceedings, costs may be awarded as in
 1014  chancery actions.
 1015         (2) If Whenever costs are to be paid from out of the trust
 1016  under subsection (1) or s. 733.106(4)(a), the court, in its
 1017  discretion, may direct from what part of the trust the costs
 1018  shall be paid. All or any part of the costs to be paid from the
 1019  trust may be assessed against one or more persons’ part of the
 1020  trust in such proportions as the court finds to be just and
 1021  proper. In the exercise of its discretion, the court may
 1022  consider the factors set forth in s. 736.1005(2).
 1023         Section 11. The amendments made by this act to ss. 733.212,
 1024  733.2123, 733.3101, and 733.504, Florida Statutes, are remedial
 1025  in nature, are intended to clarify existing law, and apply
 1026  retroactively to all proceedings pending or commenced on or
 1027  after July 1, 2015.
 1028         Section 12. (1) The amendment made by this act to s.
 1029  733.817(1)(g) and (2)(c), Florida Statutes, is remedial in
 1030  nature, is intended to clarify existing law, and applies
 1031  retroactively to all proceedings pending or commenced on or
 1032  after July 1, 2015, in which the apportionment of taxes has not
 1033  been finally determined or agreed for the estates of decedents
 1034  who die after December 31, 2004.
 1035         (2) The amendment made by this act to s. 733.817(1)(e)3.,
 1036  (3)(e), (3)(g), (4)(b), (4)(c), (4)(d)1.b., (4)(e), (4)(h), and
 1037  (6), Florida Statutes, applies to the estates of decedents who
 1038  die on or after July 1, 2015.
 1039         (3) Except as provided in subsections (1) and (2), the
 1040  amendment made by this act to s. 733.817, Florida Statutes, is
 1041  remedial in nature, is intended to clarify existing law, and
 1042  applies retroactively to all proceedings pending or commenced on
 1043  or after July 1, 2015, in which the apportionment of taxes has
 1044  not been finally determined or agreed and without regard to the
 1045  date of the decedent’s death.
 1046         Section 13. The amendments made by this act to ss. 733.106,
 1047  736.1005, and 736.1006, Florida Statutes, apply to proceedings
 1048  commenced on or after July 1, 2015. The law in effect before
 1049  July 1, 2015, applies to proceedings commenced before that date.
 1050         Section 14. Except as otherwise expressly provided in this
 1051  act, this act shall take effect July 1, 2015.
 1052  
 1053  ================= T I T L E  A M E N D M E N T ================
 1054  And the title is amended as follows:
 1055         Delete everything before the enacting clause
 1056  and insert:
 1057                        A bill to be entitled                      
 1058         An act relating to estates; amending s. 733.106, F.S.;
 1059         authorizing the court, if costs and attorney fees are
 1060         to be paid from the estate under specified sections of
 1061         law, to direct payment from a certain part of the
 1062         estate or, under specified circumstances, to direct
 1063         payment from a trust; authorizing costs and fees to be
 1064         assessed against one or more persons’ part of the
 1065         trust in such proportions as the court finds just and
 1066         proper; specifying factors that the court may consider
 1067         in directing the assessment of such costs and fees;
 1068         authorizing a court to assess costs and fees without
 1069         finding that the person engaged in specified wrongful
 1070         acts; amending s. 733.212, F.S.; revising the required
 1071         content for a notice of administration; revising
 1072         provisions that require an interested person, who has
 1073         been served a notice of administration, to file
 1074         specified objections in an estate matter within 3
 1075         months after service of such notice; providing that
 1076         the 3-month period may only be extended for certain
 1077         estoppel; providing that objections that are not
 1078         barred by the 3-month period must be filed no later
 1079         than a specified date; deleting references to
 1080         objections based upon the qualifications of a personal
 1081         representative; amending s. 733.2123, F.S.; conforming
 1082         provisions to changes made by the act; amending s.
 1083         733.3101, F.S.; requiring a personal representative to
 1084         resign immediately if he or she knows that he or she
 1085         was not qualified to act at the time of appointment;
 1086         requiring a personal representative who was qualified
 1087         to act at such appointment to file a notice if no
 1088         longer qualified; authorizing an interested person
 1089         within a specified period to request the removal of a
 1090         personal representative who files such notice;
 1091         providing that a personal representative is liable for
 1092         costs and attorney fees incurred in a removal
 1093         proceeding if he or she is removed and should have
 1094         known of the facts supporting the removal; defining
 1095         the term “qualified”; amending s. 733.504, F.S.;
 1096         requiring a personal representative to be removed and
 1097         the letters of administration revoked if he or she was
 1098         not qualified to act at the time of appointment;
 1099         amending s. 733.617, F.S.; prohibiting an attorney or
 1100         person related to the attorney from receiving
 1101         compensation for serving as a personal representative
 1102         if the attorney prepared or supervised execution of
 1103         the will unless the attorney or person is related to
 1104         the testator or the testator acknowledges in writing
 1105         the receipt of certain disclosures; specifying the
 1106         disclosures that must be acknowledged; specifying when
 1107         an attorney is deemed to have prepared or supervised
 1108         the execution of a will; specifying when a person is
 1109         “related” to another individual; specifying when an
 1110         attorney or person related to the attorney is deemed
 1111         to be nominated as personal representative; providing
 1112         that the provisions do not limit an interested
 1113         person’s rights or remedies at law or equity except
 1114         for compensation payable to a personal representative;
 1115         providing that the failure to obtain a written
 1116         acknowledgment of the disclosure does not disqualify a
 1117         personal representative from serving or affect the
 1118         validity of a will; providing a form for the written
 1119         acknowledgment; providing applicability; amending s.
 1120         733.817, F.S.; defining and redefining terms; deleting
 1121         a provision that exempts an interest in protected
 1122         homestead from the apportionment of taxes; providing
 1123         for the payment of taxes on protected homestead family
 1124         allowance and exempt property by certain other
 1125         property to the extent such other property is
 1126         sufficient; revising the allocation of taxes; revising
 1127         the apportionment of the net tax attributable to
 1128         specified interests; authorizing a court to assess
 1129         liability in an equitable manner under certain
 1130         circumstances; providing that a governing instrument
 1131         may not direct that taxes be paid from property other
 1132         than property passing under the governing instrument,
 1133         except under specified conditions; requiring that
 1134         direction in a governing instrument be express to
 1135         apportion taxes under certain circumstances; requiring
 1136         that the right of recovery provided in the Internal
 1137         Revenue Code for certain taxes be expressly waived in
 1138         the decedent’s will or revocable trust with certain
 1139         specificity; specifying the property upon which
 1140         certain tax is imposed for allocation and
 1141         apportionment of certain tax; providing that a general
 1142         statement in the decedent’s will or revocable trust
 1143         waiving all rights of reimbursement or recovery under
 1144         the Internal Revenue Code is not an express waiver of
 1145         certain rights of recovery; requiring direction to
 1146         specifically reference the generation-skipping
 1147         transfer tax imposed by the Internal Revenue Code to
 1148         direct its apportionment; authorizing, under certain
 1149         circumstances, the decedent to direct by will the
 1150         amount of net tax attributable to property over which
 1151         the decedent held a general power of appointment under
 1152         certain circumstances; providing that an express
 1153         direction in a revocable trust is deemed to be a
 1154         direction contained in the decedent’s will as well as
 1155         the revocable trust under certain circumstances;
 1156         providing that an express direction in the decedent’s
 1157         will to pay tax from the decedent’s revocable trust by
 1158         specific reference to the revocable trust is effective
 1159         unless a contrary express direction is contained in
 1160         the revocable trust; revising the resolution of
 1161         conflicting directions in governing instruments with
 1162         regard to payment of taxes; providing that the later
 1163         express direction in the will or other governing
 1164         instrument controls; providing that the date of an
 1165         amendment to a will or other governing instrument is
 1166         the date of the will or trust for conflict resolution
 1167         only if the codicil or amendment contains an express
 1168         tax apportionment provision or an express modification
 1169         of the tax apportionment provision; providing that a
 1170         will is deemed executed after another governing
 1171         instrument if the decedent’s will and another
 1172         governing instrument were executed on the same date;
 1173         providing that an earlier conflicting governing
 1174         instrument controls as to any tax remaining unpaid
 1175         after the application of the later conflicting
 1176         governing instrument; providing that a grant of
 1177         permission or authority in a governing instrument to
 1178         request payment of tax from property passing under
 1179         another governing instrument is not a direction
 1180         apportioning the tax to the property passing under the
 1181         other governing instrument; providing a grant of
 1182         permission or authority in a governing instrument to
 1183         pay tax attributable to property not passing under the
 1184         governing instrument is not a direction apportioning
 1185         the tax to property passing under the governing
 1186         instrument; providing application; prohibiting the
 1187         requiring of a personal representative or fiduciary to
 1188         transfer to a recipient property that may be used for
 1189         payment of taxes; amending s. 736.0708, F.S.;
 1190         prohibiting an attorney or person related to the
 1191         attorney from receiving compensation for serving as a
 1192         trustee if the attorney prepared or supervised
 1193         execution of the trust instrument unless the attorney
 1194         or person is related to the settlor or the settlor
 1195         acknowledges in writing the receipt of certain
 1196         disclosures; specifying the disclosures that must be
 1197         acknowledged; specifying when an attorney is deemed to
 1198         have prepared or supervised the execution of a trust
 1199         instrument; specifying when a person is “related” to
 1200         another individual; specifying when an attorney or
 1201         person related to the attorney is deemed to be
 1202         appointed as trustee; providing that the provisions do
 1203         not limit an interested person’s rights or remedies at
 1204         law or equity except for compensation payable to a
 1205         trustee; providing that the failure to obtain a
 1206         written acknowledgment of the disclosure does not
 1207         disqualify a trustee from serving or affect the
 1208         validity of a trust instrument; providing a form for
 1209         the written acknowledgment; providing applicability;
 1210         amending s. 736.1005, F.S.; authorizing the court, if
 1211         attorney fees are to be paid from the trust under
 1212         specified sections of law, to direct payment from a
 1213         certain part of the trust; providing that fees may be
 1214         assessed against one or more persons’ part of the
 1215         trust in such proportions as the court finds just and
 1216         proper; specifying factors that the court may consider
 1217         in directing the assessment of such fees; providing
 1218         that a court may assess fees without finding that a
 1219         person engaged specified wrongful acts; amending s.
 1220         736.1006, F.S.; authorizing the court, if costs are to
 1221         be paid from the trust under specified sections of
 1222         law, to direct payment from a certain part of the
 1223         trust; providing that costs may be assessed against
 1224         one or more persons’ part of the trust in such
 1225         proportions as the court finds just and proper;
 1226         specifying factors that the court may consider in
 1227         directing the assessment of such costs; providing that
 1228         specified sections of the act are remedial and
 1229         intended to clarify existing law; providing for
 1230         retroactive and prospective application of specified
 1231         portions of the act; providing effective dates.