Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for SB 1368
       
       
       
       
       
       
                                Ì364794QÎ364794                         
       
                              LEGISLATIVE ACTION                        
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       Senator Gruters moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 124 - 136
    4  and insert:
    5         Section 6. Paragraph (b) of subsection (3) of section
    6  736.04115, Florida Statutes, is amended to read:
    7         736.04115 Judicial modification of irrevocable trust when
    8  modification is in best interests of beneficiaries.—
    9         (3) This section shall not apply to:
   10         (b) Any trust created after December 31, 2000, if:
   11         1. Under the terms of the trust, all beneficial interests
   12  in the trust must vest or terminate within the period prescribed
   13  by the rule against perpetuities in s. 689.225(2),
   14  notwithstanding s. 689.225(2)(f) and (g).
   15         2. The terms of the trust expressly prohibit judicial
   16  modification.
   17         Section 7. Paragraph (b) of subsection (4) of section
   18  736.0412, Florida Statutes, is amended to read:
   19         736.0412 Nonjudicial modification of irrevocable trust.—
   20         (4) This section shall not apply to:
   21         (b) Any trust created after December 31, 2000, if, under
   22  the terms of the trust, all beneficial interests in the trust
   23  must vest or terminate within the period prescribed by the rule
   24  against perpetuities in s. 689.225(2), notwithstanding s.
   25  689.225(2)(f) and (g), unless the terms of the trust expressly
   26  authorize nonjudicial modification.
   27         Section 8. Paragraph (d) of subsection (1) of section
   28  736.0813, Florida Statutes, is amended to read:
   29         736.0813 Duty to inform and account.—The trustee shall keep
   30  the qualified beneficiaries of the trust reasonably informed of
   31  the trust and its administration.
   32         (1) The trustee’s duty to inform and account includes, but
   33  is not limited to, the following:
   34         (d) A trustee of an irrevocable trust shall provide a trust
   35  accounting, as set forth in s. 736.08135, from the date of the
   36  last accounting or, if none, from the date on which the trustee
   37  became accountable, to each qualified beneficiary at least
   38  annually and on termination of the trust or on change of the
   39  trustee. Notwithstanding s. 736.0105(2)(s) or the duties under
   40  this
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43  And the title is amended as follows:
   44         Between lines 20 and 21
   45  insert:
   46         ss. 736.04115 and 736.0412, F.S.; conforming
   47         provisions to changes made by the act; amending