How “Environmental Law” is Defined - Commentary to Florida Trust Code

Legal Commentary on the Definition of “Environmental Law”

Fla. Stat. § 736.0103(9) defines the term “environmental law.” The text of the subsection reads:

“Environmental law” means a federal, state, or local law, rule, regulation, or ordinance that relates to protection of the environment or human health.

The definition of “environmental law” is broad, encompassing environmental rules at every level of government. This is important to keep in mind when reading Fla. Stat. § 736.08163, which gives trustees broad power to take action regarding environmental laws.

History of the Definition of “Environmental Law”

The term “environmental law” has been consistently defined since the Florida Trust Code took effect in 2007. However, the placement of the definition has changed multiple times. For example, the term was originally a part of Fla. Stat. § 736.0103(6).

The definition was taken verbatim from Fla. Stat. § 737.4025(6) of former chapter 737 of the Florida Statutes. The definition also resembles § 103(6) of the Uniform Trust Code, except that the Uniform Trust Code does not include “human health” in its definition of the term.

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