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Miscellaneous Provisions Under Florida’s Trust Code

Miscellaneous Provisions Under Florida’s Trust Code

 

 

PART XIII

Miscellaneous Provisions Under Florida’s Trust Code

 

736.1301 Electronic records and signatures.
736.1302 Severability clause.
736.1303 Application to existing relationships.

736.1301 Electronic records and signatures.—Any provisions of this code governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, are deemed to conform to the requirements of s. 102 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s. 7002, and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.

736.1302 Severability clause.—If any provision of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this code that can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.
 
736.1303 Application to existing relationships.—
(1) Except as otherwise provided in this code, on July 1, 2007:
(a) This code applies to all trusts created before, on, or after such date.
(b) This code applies to all judicial proceedings concerning trusts commenced on or after such date.
(c) This code applies to judicial proceedings concerning trusts commenced before such date, unless the court finds that application of a particular provision of this code would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this code does not apply and the superseded law applies.
(d) Any rule of construction or presumption provided in this code applies to trust instruments executed before the effective date of this code unless there is a clear indication of a contrary intent in the terms of the trust.
(e) An act done before such date is not affected by this code.
(2) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that has commenced to run under any other law before July 1, 2007, that law continues to apply to the right even if it has been repealed or superseded.