(1) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the fiduciary, including an amount received as consideration for prepaying principal, shall be allocated to income without any provision for amortization of premium.
(2) Except as otherwise provided herein, a fiduciary shall allocate to principal an amount received from the sale, redemption, or other disposition of an obligation to pay money to the fiduciary.
(3) The increment in value of a bond or other obligation for the payment of money bearing no stated interest but payable at a future time in excess of the price at which it was issued or purchased, if purchased after issuance, is distributable as income. If the increment in value accrues and becomes payable pursuant to a fixed schedule of appreciation, it may be distributed to the beneficiary who was the income beneficiary at the time of increment from the first principal cash available or, if none is available, when the increment is realized by sale, redemption, or other disposition. If unrealized increment is distributed as income but out of principal, the principal must be reimbursed for the increment when realized. If, in the reasonable judgment of the fiduciary, exercised in good faith, the ultimate payment of the bond principal is in doubt, the fiduciary may withhold the payment of incremental interest to the income beneficiary.
(4) This section does not apply to an obligation to which s. 738.602, s. 738.603, s. 738.604, s. 738.605, s. 738.607, or s. 738.608 applies.
History.—s. 1, ch. 2002-42; s. 17, ch. 2012-49.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 738 - Principal and Income
738.103 - Fiduciary Duties; General Principles.
738.104 - Trustee’s Power to Adjust.
738.1041 - Total Return Unitrust.
738.105 - Judicial Control of Discretionary Powers.
738.201 - Determination and Distribution of Net Income.
738.202 - Distribution to Residuary and Remainder Beneficiaries.
738.301 - When Right to Income Begins and Ends.
738.302 - Apportionment of Receipts and Disbursements When Decedent Dies or Income Interest Begins.
738.303 - Apportionment When Income Interest Ends.
738.401 - Character of Receipts.
738.402 - Distribution From Trust or Estate.
738.403 - Business and Other Activities Conducted by Fiduciary.
738.503 - Obligation to Pay Money.
738.504 - Insurance Policies and Similar Contracts.
738.601 - Insubstantial Allocations Not Required.
738.602 - Payments From Deferred Compensation Plans, Annuities, and Retirement Plans or Accounts.
738.604 - Minerals, Water, and Other Natural Resources.
738.606 - Property Not Productive of Income.
738.607 - Derivatives and Options.
738.608 - Asset-Backed Securities.
738.701 - Disbursements From Income.
738.702 - Disbursements From Principal.
738.703 - Transfers From Income to Principal for Depreciation.
738.704 - Transfers From Income to Reimburse Principal.
738.706 - Adjustments Between Principal and Income Because of Taxes.
738.801 - Apportionment of Expenses; Improvements.