Florida Statute 736.1002
“Damages for breach of trust”
What it means
A trustee who commits a breach of trust is liable for the greater of two amounts. One is the amount required to restore the value of the trust property and distributions to what they would have been without the breach, including lost income, capital gain, or appreciation that proper administration would have produced. The other is the profit the trustee made by reason of the breach (§ 736.1002(1)).
If more than one person is liable for the same breach, each is entitled to pro rata contribution from the others, allocated by relative degrees of fault. A person who committed the breach in bad faith is not entitled to contribution, and a person who received a benefit from the breach gets no contribution to the extent of that benefit (§ 736.1002(2)-(3)). A separate contribution action after a judgment must be commenced within 1 year after the judgment becomes final (§ 736.1002(4)(c)). With no judgment, the right is barred unless the person paid the common liability within the statute of limitations period applicable to the beneficiary's right of action against the liable person and sued within 1 year after payment, or agreed to pay while an action was pending, paid within 1 year, and sued (§ 736.1002(4)(d)).
- Damages are the greater of the restoration amount or the trustee's profit (§ 736.1002(1)).
- Restoration expressly includes lost income, capital gain, or appreciation that proper administration would have produced (§ 736.1002(1)(a)).
- Co-liable persons share by relative degrees of fault, through pro rata contribution (§ 736.1002(2), (3)(a)).
- No contribution for a person who committed the breach in bad faith, or to the extent the person received a benefit from it (§ 736.1002(2)).
- After a judgment, a separate contribution action must be commenced within 1 year after the judgment becomes final (§ 736.1002(4)(c)).
- A judgment against one liable person does not discharge the others unless it is satisfied (§ 736.1002(5)).
Text of the statute (2026)
(1) A trustee who commits a breach of trust is liable for the greater of: (a) The amount required to restore the value of the trust property and trust distributions to what they would have been if the breach had not occurred, including lost income, capital gain, or appreciation that would have resulted from proper administration; or (b) The profit the trustee made by reason of the breach.
(2) Except as otherwise provided in this subsection, if more than one person, including a trustee or trustees, is liable to the beneficiaries for a breach of trust, each liable person is entitled to pro rata contribution from the other person or persons. A person is not entitled to contribution if the person committed the breach of trust in bad faith. A person who received a benefit from the breach of trust is not entitled to contribution from another person to the extent of the benefit received.
(3) In determining the pro rata shares of liable persons in the entire liability for a breach of trust: (a) Their relative degrees of fault shall be the basis for allocation of liability. (b) If equity requires, the collective liability of some as a group shall constitute a single share. (c) Principles of equity applicable to contribution generally shall apply.
(c) If there is a judgment for breach of trust against the liable person seeking contribution, any separate action by that person to enforce contribution must be commenced within 1 year after the judgment has become final by lapse of time for appeal or after appellate review.
(d) If there is no judgment for the breach of trust against the liable person seeking contribution, the person’s right of contribution is barred unless the person has: 1. Discharged by payment the common liability within the period of the statute of limitations applicable to the beneficiary’s right of action against the liable person and the person has commenced an action for contribution within 1 year after payment, or 2. Agreed, while action is pending against the liable person, to discharge the common liability and has within 1 year after the agreement paid the liability and commenced the person’s action for contribution.
(5) The beneficiary’s recovery of a judgment for breach of trust against one liable person does not of itself discharge other liable persons from liability for the breach of trust unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.1002.
History. s. 10, ch. 2006-217.
How it applies
Under § 736.1002(1)(a), the loss is measured by the value the trust would hold with proper administration, so appreciation that would have occurred counts. The trustee's profit from the breach is compared against that figure, and the larger amount applies. Where a co-trustee or another person shares responsibility, subsection (3) allocates liability by relative fault, and subsection (4) sets the procedure and deadlines for contribution. A judgment against one liable person does not by itself release the others until the judgment is satisfied (§ 736.1002(5)).
Questions people ask
Sources
- Fla. Stat. § 736.1002, 2026 Florida Statutes (The Florida Senate) (Official text of the section. "A trustee who commits a breach of trust is liable for the greater of:")
Last checked: October 17, 2026
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