Fla. Stat. § 736.0101 - Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.0101
Fla. Stat. § 736.0101 serves as an introduction to the Florida Trust Code and provides the trust code with its name. More importantly, the statute section informs us that references to “this Code” in Chapter 736 of the Florida Statutes are references to the Florida Trust Code. This is significant, and the phrase is used 61 separate times throughout the Florida Trust Code.
To understand why this definition matters, consider Fla. Stat. § 736.0105(2), which states that generally “[t]he terms of a trust prevail over any provision of this code. . . . ” We know from Fla. Stat. § 736.0101 to interpret the phrase “this code” in Fla. Stat. § 736.0105(2) to mean that the terms of a trust generally prevail over the terms of the Florida Trust Code, not the Florida Statutes in general or a related code section, such as the Florida Probate Code. Thus, we know, for example, that the terms of a trust may override the Trust Code’s provisions regarding methods of notice (found in Fla. Stat. § 736.0109), but the terms of a trust will not override the treble damages remedy (found in Fla. Stat. § 772.11) in a civil theft claim against a trustee.
Baden v. Baden cites Fla. Stat. § 736.0101 when noting that “Chapter 736, Florida Statutes, is the Florida Trust Code.” 260 So.3d 1108 (Fla. 2d DCA 2018).
Text of Fla. Stat. § 736.0101
Short title.—This chapter may be cited as the “Florida Trust Code” and for purposes of this chapter is referred to as the “code.”
History of Fla. Stat. § 736.0101
Fla. Stat. § 736.0101 became law on July 1, 2007 as part of the Florida Trust Code. It has not been amended or revised since that date.
The statute section appears to be based in part on Section 101 of the Uniform Trust Code, which reads “This [Act] may be cited as the Uniform Trust Code.” However, the Uniform Trust Code does not define the term “code” in either Section 101 or in Section 103 (the definitions section of the Uniform Trust Code).
This article is part of the PTM Legal Commentary to the Florida Trust Code. Click here to navigate through the entire commentary.