Fla. Stat. § 736.0202 - Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.0202
Fla. Stat. § 736.0202 establishes the jurisdiction that the Florida courts have over various parties in a trust matter.
Fla. Stat. § 736.0202(1) states that a court has in rem jurisdiction over anyone who is a trust beneficiary of a trust which has its principal place of administration in Florida. Any time this is the case, the beneficiary is subject to the jurisdiction of the court “to the extent of the beneficiary’s interest in the trust.” Put differently, the court has control over the property of the trust if the trust’s principal place of administration is in Florida, and this gives the court control over the property interests of each trust beneficiary.
Fla. Stat. § 736.0202(2) provides for personal jurisdiction over basically anyone (including trustees and trust beneficiaries), so long as that person takes at least one of the actions listed in the statute section, any of which mean that the person in question has submitted to the jurisdiction of Florida courts. Those actions are:
Accepting the trusteeship of a trust that had a principal place of administration in Florida at the time of the acceptance;
Moving the principal place of administration of a trust to Florida;
Serving as trustee of a trust created by someone who was a Florida resident when the trust was created;
Serving as trustee of a trust that has its principal place of administration in Florida;
Committing a breach of trust in Florida;
Committing a breach of trust with respect to a trust that had its principal place of administration in Florida at the time of the breach;
Accepting compensation from a trust that has its principal place of administration in Florida;
Performing any act or service for a trust that has its principal place of administration in Florida;
Accepting a distribution from a trust that has its principal place of administration in Florida (although jurisdiction is limited in this case to only matters involving the distribution itself).
The list is clearly meant to include just about any trustee or trust beneficiary, but it also could include trust directors and people employed by a trust, such as attorneys and accountants. If someone accepts an illicit trust distribution, that person would also be included to the extent of the distribution, even though the person may have never truly been a trust beneficiary under the terms of the trust.
In order for court to have jurisdiction, such jurisdiction must be allowed by both the Constitution of the United States and the Florida Constitution. This requirement is explicitly stated in Fla. Stat. § 736.0202(2)(b) regarding personal jurisdiction, but it applies to in rem jurisdiction as well. See Shaffer v. Heitner, 433 U.S. 186 (1977).
Text of Fla. Stat. § 736.0202
Jurisdiction over trustee and beneficiary.—
(1) IN REM JURISDICTION.—Any beneficiary of a trust having its principal place of administration in this state is subject to the jurisdiction of the courts of this state to the extent of the beneficiary’s interest in the trust.
(2) PERSONAL JURISDICTION.—
(a) Any trustee, trust beneficiary, or other person, whether or not a citizen or resident of this state, who personally or through an agent does any of the following acts related to a trust, submits to the jurisdiction of the courts of this state involving that trust:
1. Accepts trusteeship of a trust having its principal place of administration in this state at the time of acceptance.
2. Moves the principal place of administration of a trust to this state.
3. Serves as trustee of a trust created by a settlor who was a resident of this state at the time of creation of the trust or serves as trustee of a trust having its principal place of administration in this state.
4. Accepts or exercises a delegation of powers or duties from the trustee of a trust having its principal place of administration in this state.
5. Commits a breach of trust in this state, or commits a breach of trust with respect to a trust having its principal place of administration in this state at the time of the breach.
6. Accepts compensation from a trust having its principal place of administration in this state.
7. Performs any act or service for a trust having its principal place of administration in this state.
8. Accepts a distribution from a trust having its principal place of administration in this state with respect to any matter involving the distribution.
(b) A court of this state may exercise personal jurisdiction over a trustee, trust beneficiary, or other person, whether found within or outside the state, to the maximum extent permitted by the State Constitution or the Federal Constitution.
History of Fla. Stat. § 736.0202
The original version of Fla. Stat. § 736.0202 became law in 2007. At that time the statute section was based heavily on § 202 of the Uniform Trust Code. The initial version of the statue section read:
736.0202 Jurisdiction over trustee and beneficiary.—
(1) By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.
(2) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the distribution.
(3) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.
History.—s. 2, ch. 2006-217.
The text of Fla. Stat. § 736.0202 was amended in 2013 to read as it does today. It has not been amended since.
This article is part of the PTM Legal Commentary to the Florida Trust Code. Click here to navigate through the entire commentary.