Florida Statute 736.1001
“Remedies for breach of trust”
What it means
A trustee who violates any duty owed to a beneficiary commits a breach of trust, and §736.1001 hands the court a toolbox to fix it: compel the trustee to perform, enjoin a threatened breach, order money paid or property restored, order an accounting, appoint a special fiduciary to run the trust, suspend or remove the trustee, reduce or deny compensation, void the trustee's acts, impose a lien or constructive trust, or trace and recover property.
The list is not exclusive — the court may order any other appropriate relief, including rebalancing distributions when a breach favored one beneficiary over another.
- Any violation of a duty the trustee owes a beneficiary is a breach of trust — subsection (1) requires nothing more.
- Remedies include compelling performance, enjoining a breach, ordering repayment or restoration, and ordering the trustee to account.
- The court may appoint a special fiduciary, suspend the trustee, or remove the trustee as provided in §736.0706.
- Compensation can be reduced or denied; acts can be voided; a lien or constructive trust can be imposed and property traced and recovered.
- Distributions that were too small or too large can be corrected — including by withholding future distributions or ordering money returned to the trust.
How it plays out
Most trust disputes we handle start smaller than a lawsuit: a trustee who will not communicate, an accounting that never arrives, a distribution that looks wrong. §736.1001 matters because it gives the court graduated options — an order to account or a suspension often resolves a case that never needed a full damages trial. We also show nervous trustees this list, because seeing suspension, removal, and denied compensation in the statute makes documentation and disclosure feel worth the effort.