How “Directed Trustee” is Defined - Commentary to Florida Trust Code

Legal Commentary on the Definition of “Directed Trustee”

Fla. Stat. § 736.0103(7) defines the term “directed trustee.” The text of the subsection reads:

“Directed trustee” means a trustee that is subject to a trust director’s power of direction.

Thus, a “directed trustee” is one whose power is limited by a trust director. For this to be the case, the terms of the trust must provide that a non-trustee has a power of direction.

A trustee that is subject only to the direction of a co-trustee does not qualify as a directed trustee. Co-trustees are not governed by Part 14 of the Florida Trust Code, which is the portion of the code that this definition is intended to invoke.

History of the Definition of “Directed Trustee”

In 2021, Fla. Stat. § 736.0103 was amended to complement the Florida Uniform Directed Trust Act, which was added to the Florida Trust Code that same year. At that point, paragraph 7 of Fla. Stat. § 736.0103 was amended to define “directed trustee,” a term of great importance to the Florida Uniform Directed Trust Act.

This definition for “directed trustee” was taken from § 2(3) of the Uniform Directed Trust Act.

This article is part of the PTM Legal Commentary to the Florida Trust Code. Click here to navigate through the entire commentary.