Florida Statutes § 738.505

Reimbursement of principal from income

2026 Florida Statutes.

  1. (1)
    If a fiduciary makes or expects to make a principal disbursement described in subsection (2), the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.
  2. (2)
    To the extent that a fiduciary has not been and does not expect to be reimbursed by a third party, principal disbursements to which subsection (1) applies include:
    1. (a)
      An amount chargeable to income but paid from principal because income is not sufficient;
    2. (b)
      The cost of an improvement to principal, whether a change to an existing asset or the construction of a new asset, including a special assessment;
    3. (c)
      A disbursement made to prepare property for rental, including tenant allowances, leasehold improvements, and commissions;
    4. (d)
      A periodic payment on an obligation secured by a principal asset, to the extent the amount transferred from income to principal for depreciation is less than the periodic payment; and
    5. (e)
      A disbursement described in s. 738.502(1).
  3. (3)
    If an asset whose ownership gives rise to a principal disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may make transfers under subsection (1).

History

History.—s. 1, ch. 2002-42; s. 30, ch. 2012-49; s. 40, ch. 2024-216; s. 87, ch. 2025-6.