Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 540
Senate . House
Comm: RCS .
The Committee on Judiciary (Bean) recommended the following:
1 Senate Amendment (with title amendment)
3 Delete lines 47 - 96
4 and insert:
5 Section 1. Section 731.1055, Florida Statutes, is created
6 to read:
7 731.1055 Disposition of real property.-The validity and
8 effect of a disposition, whether intestate or testate, of real
9 property in this state shall be determined by Florida law.
10 Section 2. Subsection (2) of section 731.106, Florida
11 Statutes, is amended to read:
12 731.106 Assets of nondomiciliaries.—
13 (2) When a nonresident decedent, whether or not a citizen
14 of the United States, provides by will that the testamentary
15 disposition of tangible or intangible personal property having a
16 situs within this state
, or of real property in this state,
17 shall be construed and regulated by the laws of this state, the
18 validity and effect of the dispositions shall be determined by
19 Florida law. The court may, and in the case of a decedent who
20 was at the time of death a resident of a foreign country the
21 court shall, direct the personal representative appointed in
22 this state to make distribution directly to those designated by
23 the decedent’s will as beneficiaries of the tangible or
24 intangible property or to the persons entitled to receive the
25 decedent’s personal estate under the laws of the decedent’s
27 Section 3. Paragraph (k) of subsection (2) of section
28 736.0105, Florida Statutes, is amended to read:
29 736.0105 Default and mandatory rules.—
30 (2) The terms of a trust prevail over any provision of this
31 code except:
32 (k) The ability to modify a trust under s. 736.0412, except
33 as provided in s. 736.0412(4)(b) or (c).
34 Section 3. Section 736.0412, Florida Statutes, is amended
35 to read:
36 736.0412 Nonjudicial modification of irrevocable trust.—
37 (1) After the settlor’s death, a trust may be modified at
38 any time as provided in s. 736.04113(2) upon the unanimous
39 agreement of the trustee and all qualified beneficiaries.
40 (2) Modification of a trust as authorized in this section
41 is not prohibited by a spendthrift clause or by a provision in
42 the trust instrument that prohibits amendment or revocation of
43 the trust.
44 (3) An agreement to modify a trust under this section is
45 binding on a beneficiary whose interest is represented by
46 another person under part III of this code.
47 (4) This section does shall not apply to any trust:
48 (a) Any trust Created prior to January 1, 2001.
49 (b) Any trust Created after December 31, 2000, and before
50 July 1, 2016, if, under the terms of the trust, all beneficial
51 interests in the trust must vest or terminate within the period
52 prescribed by the rule against perpetuities in s. 689.225(2),
53 notwithstanding s. 689.225(2)(f), unless the terms of the trust
54 expressly authorize nonjudicial modification.
55 (c) Created on or after July 1, 2016, during the first 90
56 years after it is created, unless the terms of the trust
57 expressly authorize nonjudicial modification.
59 ================= T I T L E A M E N D M E N T ================
60 And the title is amended as follows:
61 Delete lines 2 - 6
62 and insert:
63 An act relating to estates; creating s. 731.1055,
64 F.S.; providing that the validity and the effect of a
65 specified disposition of real property be determined
66 by Florida law; amending ss. 731.106 and 736.0105,
67 F.S.; conforming provisions to changes made by the
68 act, amending s.