Florida Senate - 2021 SB By Senator Jones 35-01474-21 20211270__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to distribution of residual or undistributable funds in civil matters; creating s. 3 45.085, F.S.; authorizing courts to apply the doctrine of cy pres in certain circumstances; providing for distribution of funds subject to cy pres distribution; 6 providing an effective date. 7

Be It Enacted by the Legislature of the State of Florida: 9

Section

Section 45.085, Florida Statutes, is created to read: 12 45.085 Distribution of residual or undistributable funds in civil matters.— 14

(1) In all civil matters in any court applying Florida law, 15 the court may apply the doctrine of cy pres as deemed appropriate under the circumstances or by agreement of the parties. 18

(2) The court has discretion to approve the timing and method of distribution of funds subject to cy pres distribution and to approve a recipient of such funds which may be agreed to by the parties, including one or more nonprofit, tax-exempt organizations that provide services or support reasonably related to the subject matter and purposes of the civil matter involved. Such tax-exempt organizations may include those that provide either civil legal services to the poor or funding or support for the provision of civil legal services to the poor. 27

Section 2. This act shall take effect July 1, 2021. 28