Florida Senate - 2012                                    SB 1642
       
       
       
       By Senator Storms
       
       
       
       
       10-01395-12                                           20121642__
    1                        A bill to be entitled                      
    2         An act relating to powers of attorney; amending s.
    3         709.2105, F.S.; revising the qualifications of
    4         entities that are eligible to act as an agent for a
    5         principal to include a not-for-profit corporation that
    6         is organized for charitable or religious purposes, was
    7         qualified as a court-appointed guardian before a
    8         specified date, and is a tax-exempt organization;
    9         providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 709.2105, Florida Statutes, is amended
   14  to read:
   15         709.2105 Qualifications of agent; execution of power of
   16  attorney.—
   17         (1) The agent must be a natural person who is 18 years of
   18  age or older; or a financial institution that has trust powers,
   19  has a place of business in this state, and is authorized to
   20  conduct trust business in this state; or a not-for-profit
   21  corporation that is organized for charitable or religious
   22  purposes in this state, was qualified as a court-appointed
   23  guardian before January 1, 1996, and is a tax-exempt
   24  organization under s. 501(c)(3) of the Internal Revenue Code.
   25         (2) A power of attorney must be signed by the principal and
   26  by two subscribing witnesses and be acknowledged by the
   27  principal before a notary public or as otherwise provided in s.
   28  695.03.
   29         Section 2. This act shall take effect July 1, 2012.