Florida Statute 689.225
“Statutory rule against perpetuities”
What it means
Florida replaced the common-law rule against perpetuities with a statutory one — and then, for trusts, stretched it nearly out of sight. The base rule: a nonvested property interest is invalid unless it is certain to vest or terminate within 21 years after the death of a life in being, or actually vests or terminates within 90 years of creation.
For trusts, the 90-year period becomes 360 years for a trust created after December 31, 2000, through June 30, 2022, and 1,000 years for a trust created on or after July 1, 2022. The section is the sole expression of any rule against perpetuities in Florida — no common-law version survives.
- Base rule: certain to vest or terminate within 21 years after a life in being, or actually vest or terminate within 90 years of creation.
- Trusts created after December 31, 2000, through June 30, 2022: the period is 360 years.
- Trusts created on or after July 1, 2022: the period is 1,000 years.
- The statute is the sole expression of the rule in Florida; no common-law rule against perpetuities exists.
- The trust's own terms can still require earlier vesting or termination.
How it plays out
The 1,000-year period is why Florida shows up on every dynasty-trust map. In our practice it surfaces less exotically: reviewing older instruments means checking which band the trust was created in, because a 1999 trust lives under the 90-year rule no matter what its drafter hoped. For new trusts, the question is rarely whether the law allows ten centuries — it is whether a family actually wants terms nobody alive will ever revisit, and which modification tools remain if they do not.
Where this shows up
Pages on this site where § 689.225 does real work:
Questions people ask
