Disbursement from principal.
F.S. 738.502
in effect(1)
Subject to s. 738.505, and except as otherwise provided in s. 738.601(3)(b), a fiduciary shall disburse all of the following from principal:
(a)
The balance of the disbursements described in s. 738.501(1) and (3), after application of s. 738.501(2).
(b)
The fiduciary’s compensation calculated on principal as a fee for acceptance, distribution, or termination.
(c)
A payment of an expense to prepare for or execute a sale or other disposition of property.
(d)
A payment on the principal of a trust debt.
(e)
A payment of an expense of an accounting, judicial or nonjudicial proceeding, or other matter that involves primarily principal, including a proceeding to construe the terms of the trust or protect property.
(f)
A payment of a premium for insurance, including title insurance, not described in s. 738.501(4) of which the fiduciary is the owner and beneficiary.
(g)
A payment of estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust.
(h)
A payment related to environmental matters including:
1.
Reclamation;
2.
Assessing environmental conditions;
3.
Remedying and removing environmental contamination;
4.
Monitoring remedial activities and the release of substances;
5.
Preventing future releases of substances;
6.
Collecting amounts from persons liable or potentially liable for the costs of the activities described in subparagraphs 1.-5.;
7.
Penalties imposed under environmental laws or regulations;
8.
Other actions to comply with environmental laws or regulations;
9.
Statutory or common law claims by third parties; and
10.
Defending claims based on environmental matters.
(i)
A payment of a premium for insurance for matters described in paragraph (h).
(2)
If a principal asset is encumbered with an obligation that requires income from the asset to be paid directly to a creditor, the fiduciary must transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
Source: FL Statutes (Official Site)URL: https://www.flsenate.gov/Laws/Statutes/2025/Chapter738/AllFetched: 7/8/2026