(1) Notwithstanding s. 736.1409(1), relating to the duty of a directed trustee to take reasonable action when directed and to the release of liability for such action, unless the terms of a trust provide otherwise:
(a) A trustee does not have a duty to:
1. Monitor a trust director; or
2. Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently from the trust director.
(b) By taking an action described in paragraph (a), a trustee does not assume the duty excluded by paragraph (a).
(2) Notwithstanding s. 736.1408(1), relating to the fiduciary duty of a trust director, unless the terms of a trust provide otherwise:
(a) A trust director does not have a duty to:
1. Monitor a trustee or another trust director; or
2. Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the trust director might have acted differently from a trustee or another trust director.
(b) By taking an action described in paragraph (a), a trust director does not assume the duty excluded by paragraph (a).
History.—s. 22, ch. 2021-183; s. 58, ch. 2022-4.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 736 - Florida Trust Code
Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)
736.1403 - Application; principal place of administration.
736.1406 - Power of trust director.
736.1407 - Limitations on trust director.
736.1408 - Duty and liability of trust director.
736.1409 - Duty and liability of directed trustee.
736.141 - Duty to provide information.
736.1411 - No duty to monitor, inform, or advise.
736.1412 - Application to cotrustee.
736.1413 - Limitation of action against trust director.
736.1414 - Defenses in action against trust director.