The Florida Senate

736.0703  Cotrustees.--

(1)  Cotrustees who are unable to reach a unanimous decision may act by majority decision.

(2)  If a vacancy occurs in a cotrusteeship, the remaining cotrustees or a majority of the remaining cotrustees may act for the trust.

(3)  A cotrustee must participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other provision of law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another cotrustee.

(4)  If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.

(5)  A cotrustee may not delegate to another cotrustee the performance of a function the settlor reasonably expected the cotrustees to perform jointly. A cotrustee may revoke a delegation previously made.

(6)  Except as otherwise provided in subsection (7), a cotrustee who does not join in an action of another cotrustee is not liable for the action.

(7)  Each cotrustee shall exercise reasonable care to:

(a)  Prevent a cotrustee from committing a breach of trust.

(b)  Compel a cotrustee to redress a breach of trust.

(8)  A dissenting cotrustee who joins in an action at the direction of the majority of the cotrustees and who notifies any cotrustee of the dissent at or before the time of the action is not liable for the action.

History.--s. 7, ch. 2006-217.