(1) In the case of a trust that is solely for a named charitable organization or organizations and for which the trustee does not possess any discretion concerning the distribution of income or principal among two or more such organizations, the trustee may amend the governing instrument to comply with the provisions of s. 736.1204(2) with the consent of the named charitable organization or organizations.
(2) In the case of a charitable trust that is not subject to subsection (1), the trustee may amend the governing instrument to comply with s. 736.1204(2) after delivery of notice to, and with the consent of, the Attorney General.
History.—s. 12, ch. 2006-217; s. 8, ch. 2017-155.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 736 - Florida Trust Code
Part XII - Charitable Trusts (Ss. 736.1201-736.1211)
736.1202 - Application of this part.
736.1203 - Trustee of a private foundation trust or a split interest trust.
736.1204 - Powers and duties of trustee of a private foundation trust or a split interest trust.
736.1205 - Notice that this part does not apply.
736.1206 - Power to amend trust instrument.
736.1207 - Power of court to permit deviation.
736.1208 - Release; property and persons affected; manner of effecting.
736.1209 - Election to come under this part.
736.1211 - Protections afforded to certain charitable trusts and organizations.