Skip to Navigation | Skip to Main Content | Skip to Site Map

FLHouse.gov | Mobile Site

Senate Tracker: Sign Up | Login

The Florida Senate

2025 Florida Statutes

Title XLII ESTATES AND TRUSTS
Chapter 731 PROBATE CODE: GENERAL PROVISIONS Entire Chapter
SECTION 1065
Precious metals.
F.S. 731.1065
1731.1065 Precious metals.—
(1) For the purposes of the code, precious metals in any tangible form, such as bullion or coins kept and acquired for their historical, artistic, collectible, or investment value apart from their normal use as legal tender for payment, are tangible personal property.
(2) This section is intended to clarify existing law and applies retroactively to all written instruments executed before, on, or after July 1, 2020, as well as all proceedings pending or commenced before, on, or after July 1, 2020, in which the disposition of precious metals in any tangible form has not been finally determined.
History.—s. 1, ch. 2020-67; ss. 13, 18, ch. 2025-100.
1Note.—

A. Section 13, ch. 2025-100, amended s. 731.1065, “[e]ffective July 1, 2026, upon legislative ratification of rules of the Financial Services Commission and the Chief Financial Officer as provided in section 17 of [ch. 2025-100].” Section 18(1), ch. 2025-100, provides that “[t]o avoid this act taking effect before the required rules have been adopted and ratified, this act shall stand repealed on June 30, 2026, unless reviewed and saved from repeal through reenactment by the Legislature after ratification of the required rules.” Contingent upon ratification, s. 731.1065 will read:

731.1065 Precious metals.—

(1) For the purposes of the code, gold coin or silver coin that is legal tender pursuant to s. 215.986 is not tangible personal property. Precious metals in any tangible form, which are not legal tender pursuant to s. 215.986 and which are kept and acquired for their historical, artistic, collectible, or investment value apart from their normal use as legal tender for payment, are tangible personal property.

(2) This section is effective on July 1, 2026, for decedents dying on or after July 1, 2026. Section 1, chapter 2020-67, Laws of Florida, applies to decedents dying before July 1, 2026.

B. Section 17, ch. 2025-100, provides:

“(1) The Chief Financial Officer shall adopt rules to implement s. 280.21, Florida Statutes, as created by this act. The Financial Services Commission shall adopt rules to implement any provisions in chapter 560, Florida Statutes, or chapter 655, Florida Statutes, as created or amended by this act, including, but not limited to, ss. 560.155, 560.214, and 655.97, Florida Statutes. Such rules must be adopted by November 1, 2025, and submitted to the President of the Senate and Speaker of the House of Representatives on or before November 1, 2025, in the report specified in section 16. Such rules may not take effect until they are ratified by the Legislature. The Chief Financial Officer and the Financial Services Commission shall notify the Division of Law Revision upon legislative ratification of such rules.

“(2) This section is effective upon becoming a law solely for the purpose of adopting the rules required under this section, but such rules may not be implemented until such rules are ratified by the Legislature and until such time that the provisions for which the rules are adopted become law.”