Fla. Stat. Ann. § 737.116
effective April 23, 2002
until
June 30, 2007
737.116 Trust for care of animal
(1) A trust may be created to provide for the care of an animal alive
during the settlor's lifetime. The trust terminates upon the death of
the animal or, if the trust was created to provide for the care of more
than one animal alive during the settlor's lifetime, upon the death of
the last surviving animal.
(2) Except as provided in this section, the law of this state regarding
the creation and administration of express trusts applies to a trust for
the care of an animal.
(3) A trust authorized by this section may be enforced by a person
appointed in the terms of the trust or, if no person is so appointed, by
a person appointed by the court. A person having an interest in the
welfare of the animal may request the court to appoint a person to
enforce the trust or to remove a person appointed. The appointed person
shall have the rights of a trust beneficiary for the purpose of
enforcing the trust, including receiving accountings, notices, and other
information from the trustee and providing consents.
(4) Property of a trust authorized by this section may be applied only
to its intended use, except to the extent the court determines that the
value of the trust property exceeds the amount required for the intended
use. Property not required for the intended use, including the trust
property remaining upon its termination, shall be distributed in the
following order of priority:
(a) As directed by the terms of the trust;
(b) To the settlor, if then living;
(c) Pursuant to the residuary clause of the settlor's will if
the trust for the animal was created in a preresiduary clause in the
settlor's will;
(d) If the settlor is deceased, pursuant to the residuary
provisions of the inter vivos trust if the trust for the animal was
created in a preresiduary clause in the trust instrument; or
(e) To the settlor's heirs.
(5) This section applies to trusts created on or after January 1, 2003.
736.0408. Trust for care of an animal
effective July 1, 2007
(1) A trust may be created to provide for the care of an animal alive
during the settlor's lifetime. The trust terminates on the death of the
animal or, if the trust was created to provide for the care of more than
one animal alive during the settlor's lifetime, on the death of the last
surviving animal.
(2) A trust authorized by this section may be enforced by a person
appointed in the terms of the trust or, if no person is appointed, by a
person appointed by the court. A person having an interest in the
welfare of the animal may request the court to appoint a person to
enforce the trust or to remove a person appointed.
(3) Property of a trust authorized by this section may be applied only
to the intended use of the property, except to the extent the court
determines that the value of the trust property exceeds the amount
required for the intended use. Except as otherwise provided in the terms
of the trust, property not required for the intended use must be
distributed to the settlor, if then living, otherwise as part of the
settlor's estate.