Fla. Stat. § 736.1302 - Commentary to Florida Trust Code

Legal Commentary on Fla. Stat. § 736.1302

Fla. Stat. § 736.1302 is a severability clause for the Florida Trust Code. The statute section establishes that if any individual part or section of the Florida Trust Code is held by a court to be unenforceable or unconstitutional, the rest of the Code will still be valid whenever possible. The purpose of this section is to avoid having the entire Code abandoned as a result of one vital section of the Code being stricken down by a court. “"A severability clause allows the invalidation of unconstitutional provisions of a statute, while allowing the independant [sic] and constitutional provisions to remain valid." State v. Tirohn, 556 So.2d 447, 449 (Fla. 5th DCA 1990).

Text of Fla. Stat. § 736.1302

Severability clause.—If any provision of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this code that can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.

History of Fla. Stat. § 736.1302

Fla. Stat. § 736.1302 became law on July 1, 2007 as part of the Florida Trust Code. It has not been amended or revised since that date.

The text of Fla. Stat. § 736.1302 is taken word for word from § 1103 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.