Florida Statutes
Chapter 738 - Principal and Income
738.607 - Derivatives and Options.


(1) For purposes of this section, “derivative” means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates, or other market indicator for an asset or a group of assets.
(2) To the extent a fiduciary does not account under s. 738.403 for transactions in derivatives, the fiduciary shall allocate to principal receipts from and disbursements made in connection with those transactions.
(3) If a fiduciary grants an option to buy property from the trust or estate whether or not the trust or estate owns the property when the option is granted, grants an option that permits another person to sell property to the trust or estate, or acquires an option to buy property for the trust or estate or an option to sell an asset owned by the trust or estate, and the fiduciary or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option shall be allocated to principal. An amount paid to acquire the option shall be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a grantor of the trust or estate for services rendered, shall be allocated to principal.
History.—s. 1, ch. 2002-42; s. 25, ch. 2012-49.

Structure Florida Statutes

Florida Statutes

Title XLII - Estates and Trusts

Chapter 738 - Principal and Income

738.101 - Short Title.

738.102 - Definitions.

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.

738.501 - Principal Receipts.

738.502 - Rental Property.

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.

738.603 - Liquidating Asset.

738.604 - Minerals, Water, and Other Natural Resources.

738.605 - Timber.

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.

738.705 - Income Taxes.

738.706 - Adjustments Between Principal and Income Because of Taxes.

738.801 - Apportionment of Expenses; Improvements.

738.802 - Uniformity of Application and Construction.

738.803 - Severability.

738.804 - Application.