How “Jurisdiction” is Defined - Commentary to Florida Trust Code

Legal Commentary on the Definition of “Jurisdiction”

Fla. Stat. § 736.0103(14) defines the term “jurisdiction.” The text of the subsection reads:

“Jurisdiction” with respect to a geographic area, includes a state or country.

The term “jurisdiction” “includes” a state or country, but it is not limited to only a state or country. The exact scope of a geographic jurisdiction depends on the context. Because the word “state” is defined later in the definition section to include United States territories, a jurisdiction explicitly may include a territory. Thus, under Fla. Stat. § 736.0107, the "law of the jurisdiction” which determines the meaning and effect of trust’s terms could be a state, territory, or country.

History of the Definition of “Jurisdiction”

The term “jurisdiction” has been given the same definition since the Florida Trust Code took effect in 2007. However, the placement of the definition in § 736.0103 has changed multiple times. For example, the term was originally in paragraph 11.

The definition was taken verbatim from 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.