Fla. Stat. 736.1411
No duty to monitor, inform, or advise

(1)

Notwithstanding s. 736.1409(1), relating to the duty of a directed trustee to take reasonable action when directed and to the release of liability for such action, unless the terms of a trust provide otherwise:A trustee does not have a duty to:
Monitor a trust director; or
Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently from the trust director.
By taking an action described in paragraph (a), a trustee does not assume the duty excluded by paragraph (a).

(a)

A trustee does not have a duty to:Monitor a trust director; orInform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently from the trust director.
1. Monitor a trust director; or
2. Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently from the trust director.

(b)

By taking an action described in paragraph (a), a trustee does not assume the duty excluded by paragraph (a).

(2)

Notwithstanding s. 736.1408(1), relating to the fiduciary duty of a trust director, unless the terms of a trust provide otherwise:A trust director does not have a duty to:
Monitor a trustee or another trust director; or
Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the trust director might have acted differently from a trustee or another trust director.
By taking an action described in paragraph (a), a trust director does not assume the duty excluded by paragraph (a).

(a)

A trust director does not have a duty to:Monitor a trustee or another trust director; orInform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the trust director might have acted differently from a trustee or another trust director.
1. Monitor a trustee or another trust director; or
2. Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the trust director might have acted differently from a trustee or another trust director.

(b)

By taking an action described in paragraph (a), a trust director does not assume the duty excluded by paragraph (a).

Source: Section 736.1411 — No duty to monitor, inform, or advise, https://www.­flsenate.­gov/Laws/Statutes/2024/0736.­1411 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 736.1411. No duty to monitor, inform, or advise's source at flsenate​.gov