Florida Statute 736.0110
“Others treated as qualified beneficiaries”
What it means
Section 736.0110 gives the rights of a qualified beneficiary under the Trust Code to three additional parties.
A charitable organization expressly designated to receive distributions under a charitable trust has the rights of a qualified beneficiary if, on the date its status is determined, it is a distributee or permissible distributee of income or principal, would become one when other interests end, or would be one if the trust terminated that day. A person appointed to enforce a trust for the care of an animal (§ 736.0408) or for another noncharitable purpose (§ 736.0409) has the same rights.
The Attorney General may assert the rights of a qualified beneficiary for a charitable trust whose principal place of administration is in Florida, with standing in any judicial proceeding. When the Attorney General does so, the office has exclusive authority to represent the general public, unnamed charitable beneficiaries, and any other person with a special interest. The attorney general or other public officer of another state does not have standing.
- A charity expressly designated to receive distributions under a charitable trust has qualified-beneficiary rights if it is a current or permissible distributee, or would be one on the listed triggers (§ 736.0110(1)(a)-(c)).
- Status is tested on the date qualification is being determined, including a hypothetical termination of the trust on that date (§ 736.0110(1)(c)).
- A person appointed to enforce an animal trust (§ 736.0408) or noncharitable purpose trust (§ 736.0409) has qualified-beneficiary rights (§ 736.0110(2)).
- The Attorney General may assert qualified-beneficiary rights for a charitable trust with its principal place of administration in Florida, with standing in any judicial proceeding (§ 736.0110(3)(a)).
- When the Attorney General acts, that office has exclusive authority to represent the public and unnamed charitable beneficiaries; another state's attorney general has no standing (§ 736.0110(3)(b)).
Text of the statute (2026)
A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this code if the charitable organization, on the date the charitable organization’s qualification is being determined: (a) Is a distributee or permissible distributee of trust income or principal; (b) Would be a distributee or permissible distributee of trust income or principal on termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or (c) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in s. 736.0408 or s. 736.0409 has the rights of a qualified beneficiary under this code.
The Attorney General may assert the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state. The Attorney General has standing to assert such rights in any judicial proceedings.
Where the Attorney General asserts the rights of a qualified beneficiary as provided in paragraph (a), the Attorney General has the exclusive authority to represent the general public, unnamed charitable beneficiaries, and any person other than a named charitable beneficiary having a special interest in a charitable trust, in any judicial proceedings within this state or elsewhere, with respect to all matters relating to the administration of the charitable trust, including, and without limitation, contract and trust law claims relating to charitable distributions and the exercise of trustee powers. The Attorney General of another state or any other public officer of another state does not have standing to assert such rights or interests.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.0110.
History. s. 1, ch. 2006-217; s. 5, ch. 2017-155; s. 1, ch. 2025-18.
How it applies
A trustee of a trust with a charitable share treats each charity expressly designated to receive distributions as a qualified beneficiary when it meets one of the three tests in subsection (1), which brings it within the rights the Trust Code gives qualified beneficiaries. The person appointed to enforce a pet or purpose trust has the same status under subsection (2), since those trusts may have no human beneficiary. For a charitable trust administered in Florida, the Attorney General may also assert those rights under subsection (3).
Where this shows up
Pages on this site where § 736.0110 does real work:
Questions people ask
Sources
- Florida Statutes (2026), s. 736.0110 (Official text and History line.)
- Florida Statutes (2026), s. 736.0405 (Settlor standing to enforce a charitable trust (FAQ).)
Last checked: October 17, 2026
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