Fla. Stat. § 736.0203 - Commentary to Florida Trust Code

Legal Commentary on Fla. Stat. § 736.0203

Fla. Stat. § 736.0203 gives the Florida circuit courts original jurisdiction over all matters which arise out of the Florida Trust Code. See Stokes v. Jones, 319 So.3d 166, 129 (Fla. 1st DCA 2021) (“There is no dispute that the circuit court had exclusive original subject matter jurisdiction to hear trust matters.”) Thus, cases about breach of trust, trust accountings, trust modification, or trust validity all ought to be filed in the appropriate circuit court, regardless of the amount of damages alleged. This is similar to the circuit court’s jurisdiction over probate matters. See Fla. Const. Art 5. § 20(c)(3); see also Fla. Stat. § 26.012(2)(b), § 717.1242(1).

This requirement cannot be overridden by the terms of a trust. Fla. Stat. § 736.0105(g).

Text of Fla. Stat. § 736.0203

Subject matter jurisdiction.—The circuit court has original jurisdiction in this state of all proceedings arising under this code.

History of Fla. Stat. § 736.0203

Fla. Stat. § 736.0203 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 inspired by Section 203 of the Uniform Trust Code, which “provides a means for distinguishing the jurisdiction of the court having primary jurisdiction for trust matters.” However, the Florida Trust Code revised the language significantly, expanding the jurisdiction of the circuit court to include “all proceedings arising under the this code” and not only proceedings “brought by a trustee or beneficiary concerning the administration of a trust” as contemplated by 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.