This bill amends the Florida Trust Code to clarify the authority of the Attorney General in relation to charitable trusts. Specifically, it establishes that the Attorney General has exclusive authority to represent the general public, unnamed charitable beneficiaries, and individuals with special interests in a charitable trust during judicial proceedings, provided the trust is administered in Florida. Additionally, it prohibits public officers from other states from asserting rights related to these trusts. The bill also makes conforming amendments to related sections of the Florida Statutes to ensure consistency with the new provisions.
Furthermore, the bill reinforces that the common law of trusts and principles of equity will continue to apply unless modified by the Florida Trust Code, including the new provisions regarding the Attorney General's authority. It clarifies that the standing to enforce a charitable trust is limited to the settlor and does not extend to the Attorney General or public officers from other states. The bill is set to take effect upon becoming law.
Statutes affected: S 806 Filed: 736.0110, 736.0106, 736.0405
S 806 c1: 736.0110, 736.0106, 736.0405