28 sections in this chapter.
Fla. Stat. § 660.25 Definitions
8.2K chars
Subject to other definitions contained in other sections of this code, and unless the context otherwise requires, in this chapter:(1) “Commercial department” of a bank or association having trust powers means the functional divisions or departments of the bank or association whic…
Fla. Stat. § 660.26 Trust department licensing
6.8K chars
(1) When authorized by the office as provided in this section, a state bank or association may establish a trust department for the purpose of conducting trust business.(2) A written application for trust powers shall be filed with the office in such form as the commission prescr…
Fla. Stat. § 660.265 Examination fees
0.5K chars
Each state trust company and each state bank or association exercising trust powers shall pay to the office, within 30 days after an examination pursuant to s. 655.045, a fee for the costs of the examination by the office pursuant to s. 655.045. For the purposes of this section, …
Fla. Stat. § 660.27 Deposit of securities with Chief Financial Officer
6.8K chars
(1) Before transacting any trust business in this state, every trust company and every state or national bank or state or federal association having trust powers shall give satisfactory security by the deposit or pledge of security of the kind or type provided in this section hav…
Fla. Stat. § 660.28 Exemption from bond and other security as fiduciary
0.4K chars
A trust company or trust department maintaining security with the Chief Financial Officer as required by s. 660.27 shall not be required by the state or any of its political subdivisions or by a court of this state to furnish any bond or other security as a condition of, or in co…
Fla. Stat. § 660.29 Use of personnel and facilities
1.3K chars
To the extent not prohibited by law, the trust department of a bank or association, for or in connection with any of its fiduciary functions or trust business or related activities, may utilize personnel, facilities, and services of the commercial department of that bank or the n…
Fla. Stat. § 660.30 Segregation of books, records, and assets; fiduciary assets not liable
1.3K chars
(1) Each trust company and trust department shall maintain its fiduciary books and records separate and distinct from other records of the trust company or of the bank or association of which the trust department is a part and shall segregate all assets held in any fiduciary capa…
Fla. Stat. § 660.31 General trust business by trust companies and departments
0.3K chars
The granting or issuance of a charter to a trust company and the granting of trust powers to a bank or association, with powers expressly restricted or otherwise limited to the conduct of less than a general trust business, are not authorized under this code.
Fla. Stat. § 660.33 Trust service offices
42.0K chars
(1) In addition to its principal office and any branch trust company authorized under s. 658.26, a trust company or trust department with its principal place of doing business in this state may maintain one or more trust service offices at the location of any bank, association, o…
Fla. Stat. § 660.34 General powers
2.1K chars
Every trust company and every trust department shall have:(1) The right and power to act, alone or jointly with any other person, in any and every fiduciary capacity for or in connection with any and all fiduciary accounts of or pertaining to any business organization or other pe…
Fla. Stat. § 660.35 Oaths, affidavits, and acknowledgments
0.7K chars
In any case in which a trust company or the trust department of a bank or association is required to make an oath, affirmation, affidavit, or acknowledgment in connection with any fiduciary capacity in which it is acting or is preparing to act, the chair of the board of directors…
Fla. Stat. § 660.36 Fiduciary agency contracts
1.1K chars
Any trust company or trust department acting in a fiduciary capacity may employ any other trust company or trust department as an agent to advise or assist in the performance of its administrative duties and to render investment advice. Instead of acting personally, any trust com…
Fla. Stat. § 660.37 Security for deposit of fiduciary funds
10.0K chars
(1) If security, including insurance by the Federal Deposit Insurance Corporation, is furnished as provided in subsection (2), funds held in a fiduciary account by a trust company or a trust department awaiting investment, distribution, or payment of debts, taxes, or expenses may…
Fla. Stat. § 660.38 Loans by and to fiduciary accounts
1.4K chars
(1) A trust company or trust department may make a loan to a fiduciary account from the funds belonging to another fiduciary account if the making of such loans to a designated fiduciary account is authorized by the governing instrument of the fiduciary account from which such lo…
Fla. Stat. § 660.39 Sales between fiduciary accounts
0.3K chars
A trust company or a trust department may sell assets held by it in one fiduciary account to itself as fiduciary of another fiduciary account if the transaction is fair to both fiduciary accounts and if such transaction is not prohibited by the terms of the governing instrument o…
Fla. Stat. § 660.40 Self dealing
3.1K chars
(1) Except as provided in s. 660.37, funds held by a trust company or a trust department shall not be invested in the obligations or securities of the trust company or of the bank or association of which the trust department is a part unless authorized by the governing instrument…
Fla. Stat. § 660.41 Corporations; certain fiduciary functions prohibited
8.4K chars
All corporations are prohibited from exercising any of the powers or duties and from acting in any of the capacities, within this state, as follows:(1) As personal representative of the estate of any decedent, whether such decedent was a resident of this state or not, and whether…
Fla. Stat. § 660.415 Investment by trust companies, trust departments, trustees, and fiduciaries
0.9K chars
In the absence of an express provision to the contrary, when a governing instrument directs, requires, authorizes, or permits investment in United States Government obligations, a trust company, trust department, trustee, or other fiduciary may invest in such obligations, either …
Fla. Stat. § 660.417 Investment of fiduciary funds in investment instruments; permissible activity under certain circumstances; limitations
4.7K chars
(1) In addition to other investments authorized by law for the investment of funds held by a fiduciary, or by the instrument governing the fiduciary relationship, a bank or trust company acting as a fiduciary, agent or otherwise may, in the exercise of its investment discretion o…
Fla. Stat. § 660.418 Investment of fiduciary funds in syndicate securities
0.9K chars
Notwithstanding any other provision of law, any financial institution with fiduciary powers may, in its fiduciary capacity, purchase bonds or other securities underwritten or otherwise distributed by the financial institution or by a syndicate that includes the financial institut…
Fla. Stat. § 660.42 Establishment of common trust funds
3.4K chars
(1) Any trust company or trust department may establish one or more common trust funds for the exclusive purpose of furnishing investments to itself as fiduciary, including estates, guardianships, managing agencies, and all other fiduciary relationships, now in existence or herea…
Fla. Stat. § 660.43 Common trust fund investments
0.1K chars
No bank, association, or trust company shall mingle its own funds with any common trust fund managed by such bank, association, or trust company.
Fla. Stat. § 660.431 Prudent investor rule
5.5K chars
(1) A bank, association, trust company, or affiliate thereof, in establishing, maintaining, and administering one or more common trust funds for the purposes of furnishing investments to itself as fiduciary as set forth in s. 660.42, shall have a duty to invest and manage such co…
Fla. Stat. § 660.44 Common trust fund to be audited annually
1.6K chars
A trust company or trust department administering a common trust fund shall keep proper records, which in addition to all other necessary and proper matters shall show at all times the proportionate interest of each fiduciary account in the common trust fund, and, at least once d…
Fla. Stat. § 660.45 Common trust fund court accountings
0.4K chars
Unless ordered by a court of competent jurisdiction, the trust company or trust department operating such common trust funds is not required to render a court accounting with regard to such funds; but it may, by application to the circuit court, secure approval of such an account…
Fla. Stat. § 660.46 Substitution of fiduciaries
21.9K chars
(1) The provisions of this section shall apply to the transfer of fiduciary accounts by substitution, and for those purposes these provisions shall constitute alternative procedures to those provided or required by any other provisions of law relating to the transfer of fiduciary…
Fla. Stat. § 660.47 Surrender of fiduciary powers
0.5K chars
Any state bank or association which has been granted trust powers and which desires to surrender such rights shall file with the office a certified copy of the resolution of its board of directors signifying such desire. Upon receipt of such resolution, the office shall make an i…
Fla. Stat. § 660.48 Receivership or voluntary liquidation
2.3K chars
(1) If a liquidator or receiver is appointed for a trust company or a state bank or association having a trust department, the liquidator or receiver shall, pursuant to the instructions of the office and the orders of any court and the federal regulatory agency having jurisdictio…