Florida HB 895: Lakewood Ranch Stewardship District, Manatee and Sarasota Counties

Bill Text

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HB 895, Engrossed 1 2026 Legislature

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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An act relating to trustee settlement and discharge; 2
creating s. 736.10081, F.S.; authorizing a trustee to 3
obtain a settlement of his or her accounts and be 4
discharged under certain circumstances; requiring a 5
trustee seeking settlement and discharge to send a 6
trust disclosure document to specified persons; 7
requiring that certain information be included in the 8
trust disclosure document; requiring that the trust 9
disclosure document and any objections be sent with a 10
certain notice; providing applicability; providing 11
that an objection need not state the grounds for the 12
objection; providing that a trustee is discharged upon 13
completion of distributions or transfers if no timely 14
written objections are received and is discharged from 15
all liability and claims arising out of any matter 16
disclosed in the trust disclosure document; providing 17
that a waiver of the right to object is treated as an 18
expiration of the timeframe to object; providing 19
construction; providing applicability; providing an 20
effective date. 21
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Be It Enacted by the Legislature of the State of Florida: 23
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Section 1. Section 736.10081, Florida Statutes, is created 25

ENROLLED
HB 895, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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 32
after 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-41
mail 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, 50

ENROLLED
HB 895, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

a trust accounting as defined in s. 736.1008(4) for the period 51
for 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
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"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
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(3) The trustee shall also send the trust disclosure 67
document described in subsection (2) to any other person who the 68
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

ENROLLED
HB 895, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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, including any claim that the trustee fa