Florida SB 786: Public Records/Special Persons Registry

Bill Text

786 
Trusts 
2026-02-04T05:19:03Z 
Authorizing a trustee to obtain a settlement of his or her accounts and be discharged under certain circumstances; requiring a trustee seeking settlement and discharge to send a trust disclosure document to specified persons; providing that a trustee is discharged upon completion of distributions or transfers if no timely written objections are received and is discharged from all liability and claims arising out of any matter disclosed in the trust disclosure document, etc. 
Committee Substitute 1 
2026 
S 
GB 
General Bill 
c1 

 Florida Senate - 2026 CS for SB 786 

 By the Committee on Judiciary; and Senator Berman 

 590-02448-26 2026786c1 
 1 A bill to be entitled 
 2 An act relating to trusts; creating s. 736.10081, 
 3 F.S.; authorizing a trustee to obtain a settlement of 
 4 his or her accounts and be discharged under certain 
 5 circumstances; requiring a trustee seeking settlement 
 6 and discharge to send a trust disclosure document to 
 7 specified persons; requiring that certain information 
 8 be included in the trust disclosure document; 
 9 requiring that the trust disclosure document and any 
 10 objections be sent with a certain notice; providing 
 11 applicability; providing that an objection need not 
 12 state the grounds for the objection; providing that a 
 13 trustee is discharged upon completion of distributions 
 14 or transfers if no timely written objections are 
 15 received and is discharged from all liability and 
 16 claims arising out of any matter disclosed in the 
 17 trust disclosure document; providing that a waiver of 
 18 the right to object is treated as an expiration of the 
 19 timeframe to object; providing construction; providing 
 20 applicability; providing an effective date. 
 21 
 22 Be It Enacted by the Legislature of the State of Florida: 
 23 
 24 Section 1. Section 736.10081, Florida Statutes, is created 
 25 to read: 
 26 736.10081 Nonjudicial settlement and discharge of a 
 27 trustee; disclosure; objections.— 
 28 (1) A trustee who is in substantial compliance with the 
 29 duty to inform and account under s. 736.0813 may obtain a 
 30 settlement of his or her accounts and be discharged pursuant to 
 31 this section when either of the following occurs 6 months after 
 32 the trustee’s acceptance: 
 33 (a) The trust terminates. 
 34 (b) A trustee resigns or is removed from the trust. 
 35 (2) A trustee seeking settlement and discharge pursuant to 
 36 this section must send to the trust’s qualified beneficiaries 
 37 and any cotrustee, and the immediate successor trustee if the 
 38 trust is not terminating, a trust disclosure document as defined 
 39 in s. 736.1008(4) which contains all of the following: 
 40 (a) The name, mailing address, telephone number, and e-mail 
 41 address of the trustee seeking discharge. 
 42 (b) A plan of distribution which includes all of the 
 43 following: 
 44 1. A schedule of the assets reasonably anticipated to be 
 45 disbursed or distributed by the trustee. 
 46 2. The amount of any debts, expenses, and taxes to be paid 
 47 by the trustee. 
 48 3. Any reasonable reserve to be held by the trustee. 
 49 (c) If the trustee’s duty to account has not been waived, a 
 50 trust accounting as defined in s. 736.1008(4) for the period for 
 51 which an accounting has not been previously provided to the 
 52 qualified beneficiaries of the trust. 
 53 (d) A statement that the trust has terminated or that the 
 54 trustee has resigned or has been removed. 
 55 (e) A notice with substantially the following language in 
 56 at least 12-point type: 
 57 
 58 “NOTICE: Any claim or cause of action you might have 
 59 against the trustee arising from any matter disclosed 
 60 in a trust disclosure document may be barred unless a 
 61 written statement objecting is received by the trustee 
 62 from you within 60 days after your receipt of this 
 63 trust disclosure document and notice. If you have 
 64 questions, please consult your attorney.” 
 65 
 66 (3) The trustee shall also send the trust disclosure 
 67 document described in subsection (2) to any other person whom 
 68 the trustee reasonably believes would be affected by the trust 
 69 disclosure document. The trust disclosure document and any 
 70 objections must be sent with the notice requirements of s. 
 71 736.0109, except that s. 736.0109(3) does not apply. 
 72 (4) This section does not apply if the trustee receives a 
 73 written objection within 60 days after sending the trust 
 74 disclosure document. An objection does not need to state the 
 75 grounds for the objection or be in any particular form. 
 76 (5) If the trustee does not receive a timely written 
 77 objection, the trustee is discharged upon completion of all 
 78 distributions or transfers in accordance with the plan of 
 79 distribution and is discharged from all liability and claims 
 80 arising from any matter adequately disclosed in the trust 
 81 disclosure document,