| 1 | A bill to be entitled | 
| 2 | An act relating to powers of attorney; providing | 
| 3 | directives to the Division of Statutory Revision; creating | 
| 4 | s. 709.2101, F.S.; providing a short title; creating s. | 
| 5 | 709.2102, F.S.; providing definitions; creating s. | 
| 6 | 709.2103, F.S.; providing applicability; providing | 
| 7 | exceptions; creating s. 709.2104, F.S.; providing for a | 
| 8 | durable power of attorney; creating s. 709.2105, F.S.; | 
| 9 | specifying the qualifications for an agent; providing | 
| 10 | requirements for the execution of a power of attorney; | 
| 11 | creating s. 709.2106, F.S.; providing for the validity of | 
| 12 | powers of attorney created by a certain date or in another | 
| 13 | jurisdiction; providing for the validity of a military | 
| 14 | power of attorney; providing for the validity of a | 
| 15 | photocopy or electronic copy of a power of attorney; | 
| 16 | creating s. 709.2107, F.S.; providing for the meaning and | 
| 17 | effectiveness of a power of attorney; creating s. | 
| 18 | 709.2108, F.S.; specifying when a power of attorney is | 
| 19 | effective; providing limitations with respect to a future | 
| 20 | power of attorney; creating s. 709.2109, F.S.; providing | 
| 21 | for the termination or suspension of a power of attorney | 
| 22 | or an agent's authority; creating s. 709.2110, F.S.; | 
| 23 | providing for the revocation of a power of attorney; | 
| 24 | creating s. 709.2111, F.S.; providing for the designation | 
| 25 | of co-agents and successor agents; specifying the | 
| 26 | responsibility of a successor agent for a predecessor | 
| 27 | agent; authorizing a co-agent to delegate certain banking | 
| 28 | transaction to a co-agent; creating s. 709.2112, F.S.; | 
| 29 | providing for the reimbursement and compensation of | 
| 30 | agents; creating s. 709.2113, F.S.; providing for the | 
| 31 | agent's acceptance of appointment; creating s. 709.2114, | 
| 32 | F.S.; providing for an agent's duties; limiting an agent's | 
| 33 | liability, absent a breach of duty; requiring that an | 
| 34 | agent make certain disclosures upon order of a court, upon | 
| 35 | the death of the principal, or under certain other | 
| 36 | circumstances; creating s. 709.2115, F.S.; providing for | 
| 37 | the exoneration of an agent; providing exceptions; | 
| 38 | creating s. 709.2116, F.S.; providing for judicial relief; | 
| 39 | authorizing the award of attorney's fees and costs; | 
| 40 | providing for a judicial challenge to an agent's exercise | 
| 41 | of power based on a conflict of interest; specifying the | 
| 42 | burden of proof required to overcome that challenge; | 
| 43 | creating s. 709.2117, F.S.; providing for an agent's | 
| 44 | liability; creating s. 709.2118, F.S.; providing for an | 
| 45 | agent's resignation; creating s. 709.2119, F.S.; providing | 
| 46 | for the acceptance of and reliance upon a power of | 
| 47 | attorney; authorizing a third party to require an | 
| 48 | affidavit; providing for the validity of acts taken on | 
| 49 | behalf of a principal who is reported as missing by a | 
| 50 | branch of the United States Armed Forces; providing a | 
| 51 | restriction on the conveyance of homestead property held | 
| 52 | by such a principal; creating s. 709.2120, F.S.; providing | 
| 53 | for liability if a third person refuses to accept a power | 
| 54 | of attorney under certain circumstances; providing for an | 
| 55 | award of damages and attorney's fees and costs; creating | 
| 56 | s. 709.2121, F.S.; requiring that notice of certain events | 
| 57 | be provided to an agent or other third person; specifying | 
| 58 | the form of the notice and when it is effective; creating | 
| 59 | s. 709.2201, F.S.; providing for the authority of an | 
| 60 | agent; providing limitations; providing that an agent's | 
| 61 | authority extends to property later acquired by the | 
| 62 | principal; creating s. 709.2202, F.S.; specifying that | 
| 63 | certain authority requires separate signed enumeration; | 
| 64 | restricting the amount of certain gifts made by an agent; | 
| 65 | specifying certain acts that do not require specific | 
| 66 | authority if the agent is authorized to conduct banking | 
| 67 | transactions; limiting the application of such provision; | 
| 68 | creating s. 709.2208, F.S.; providing for authority to | 
| 69 | conduct banking and security transactions; creating s. | 
| 70 | 709.2301, F.S.; specifying the role of common law; | 
| 71 | creating s. 709.2302, F.S.; providing for the preemption | 
| 72 | of laws relating to financial institutions; creating s. | 
| 73 | 709.2303, F.S.; providing for the recognition of other | 
| 74 | remedies; creating s. 709.2401, F.S.; specifying the | 
| 75 | relationship of the act to federal law regulating | 
| 76 | electronic signatures; creating s. 709.2402, F.S.; | 
| 77 | providing for powers of attorney executed before the | 
| 78 | effective date of the act; amending s. 736.0602, F.S.; | 
| 79 | conforming a cross-reference; repealing s. 709.01, F.S., | 
| 80 | relating to the authority of an agent when the principal | 
| 81 | is dead; repealing s. 709.015, F.S., relating to the | 
| 82 | authority of an agent when the principal is missing; | 
| 83 | repealing s. 709.08, F.S., relating to durable powers of | 
| 84 | attorney; repealing s. 709.11, F.S., relating to a | 
| 85 | deployment-contingent power of attorney; providing an | 
| 86 | effective date. | 
| 87 | 
 | 
| 88 | Be It Enacted by the Legislature of the State of Florida: | 
| 89 | 
 | 
| 90 | Section 1.  The Division of Statutory Revision is requested | 
| 91 | to create part I of chapter 709, Florida Statutes, consisting of | 
| 92 | ss. 709.02-709.07, entitled "POWERS OF APPOINTMENT." | 
| 93 | Section 2.  The Division of Statutory Revision is requested | 
| 94 | to create part II of chapter 709, Florida Statutes, consisting | 
| 95 | of ss. 709.2101-709.2402, entitled "POWERS OF ATTORNEY." | 
| 96 | Section 3.  Section 709.2101, Florida Statutes, is created | 
| 97 | to read: | 
| 98 | 709.2101  Short title.-This part may be cited as the | 
| 99 | "Florida Power of Attorney Act." | 
| 100 | Section 4.  Section 709.2102, Florida Statutes, is created | 
| 101 | to read: | 
| 102 | 709.2102  Definitions.-As used in this part, the term: | 
| 103 | (1)  "Agent" means a person granted authority to act for a | 
| 104 | principal under a power of attorney, whether denominated an | 
| 105 | agent, attorney in fact, or otherwise. The term includes an | 
| 106 | original agent, co-agent, and successor agent. | 
| 107 | (2)  "Durable" means, with respect to a power of attorney, | 
| 108 | not terminated by the principal's incapacity. | 
| 109 | (3)  "Electronic" means technology having electrical, | 
| 110 | digital, magnetic, wireless, optical, electromagnetic, or | 
| 111 | similar capabilities. | 
| 112 | (4)  "Financial institution" has the same meaning as in s. | 
| 113 | 655.005. | 
| 114 | (5)  "Incapacity" means the inability of an individual to | 
| 115 | take those actions necessary to obtain, administer, and dispose | 
| 116 | of real and personal property, intangible property, business | 
| 117 | property, benefits, and income. | 
| 118 | (6)  "Knowledge" means a person has actual knowledge of the | 
| 119 | fact, has received a notice or notification of the fact, or has | 
| 120 | reason to know the fact from all other facts and circumstances | 
| 121 | known to the person at the time in question. An organization | 
| 122 | that conducts activities through employees has notice or | 
| 123 | knowledge of a fact involving a power of attorney only from the | 
| 124 | time information was received by an employee having | 
| 125 | responsibility to act on matters involving the power of | 
| 126 | attorney, or would have had if brought to the employee's | 
| 127 | attention if the organization had exercised reasonable | 
| 128 | diligence. An organization exercises reasonable diligence if the | 
| 129 | organization maintains reasonable routines for communicating | 
| 130 | significant information to the employee having responsibility to | 
| 131 | act on matters involving the power of attorney and there is | 
| 132 | reasonable compliance with the routines. Reasonable diligence | 
| 133 | does not require an employee to communicate information unless | 
| 134 | the communication is part of the individual's regular duties or | 
| 135 | the individual knows that a matter involving the power of | 
| 136 | attorney would be materially affected by the information. | 
| 137 | (7)  "Power of attorney" means a writing that grants | 
| 138 | authority to an agent to act in the place of the principal, | 
| 139 | whether or not the term is used in that writing. | 
| 140 | (8)  "Presently exercisable general power of appointment" | 
| 141 | means, with respect to property or a property interest subject | 
| 142 | to a power of appointment, power exercisable at the time in | 
| 143 | question to vest absolute ownership in the principal | 
| 144 | individually, the principal's estate, the principal's creditors, | 
| 145 | or the creditors of the principal's estate. The term includes a | 
| 146 | power of appointment not exercisable until the occurrence of a | 
| 147 | specified event, the satisfaction of an ascertainable standard, | 
| 148 | or the passage of a specified period only after the occurrence | 
| 149 | of the specified event, the satisfaction of the ascertainable | 
| 150 | standard, or the passage of the specified period. The term does | 
| 151 | not include a power exercisable in a fiduciary capacity or only | 
| 152 | by will. | 
| 153 | (9)  "Principal" means an individual who grants authority | 
| 154 | to an agent in a power of attorney. | 
| 155 | (10)  "Property" means anything that may be the subject of | 
| 156 | ownership, whether real or personal, legal or equitable, or any | 
| 157 | interest or right therein. | 
| 158 | (11)  "Record" means information that is inscribed on a | 
| 159 | tangible medium or that is stored in an electronic or other | 
| 160 | medium and is retrievable in perceivable form. | 
| 161 | (12)  "Sign" means having present intent to authenticate or | 
| 162 | adopt a record to: | 
| 163 | (a)  Execute or adopt a tangible symbol; or | 
| 164 | (b)  Attach to, or logically associate with the record an | 
| 165 | electronic sound, symbol, or process. | 
| 166 | (13)  "Third person" means any person other than the | 
| 167 | principal, or the agent in the agent's capacity as agent. | 
| 168 | Section 5.  Section 709.2103, Florida Statutes, is created | 
| 169 | to read: | 
| 170 | 709.2103  Applicability.-This part applies to all powers of | 
| 171 | attorney except: | 
| 172 | (1)  A proxy or other delegation to exercise voting rights | 
| 173 | or management rights with respect to an entity; | 
| 174 | (2)  A power created on a form prescribed by a government | 
| 175 | or governmental subdivision, agency, or instrumentality for a | 
| 176 | governmental purpose; | 
| 177 | (3)  A power to the extent it is coupled with an interest | 
| 178 | in the subject of the power, including a power given to or for | 
| 179 | the benefit of a creditor in connection with a credit | 
| 180 | transaction; and | 
| 181 | (4)  A power created by a person other than an individual. | 
| 182 | Section 6.  Section 709.2104, Florida Statutes, is created | 
| 183 | to read: | 
| 184 | 709.2104  Durable power of attorney.-Except as otherwise | 
| 185 | provided under this part, a power of attorney is durable if it | 
| 186 | contains the words: "This durable power of attorney is not | 
| 187 | terminated by subsequent incapacity of the principal except as | 
| 188 | provided in chapter 709, Florida Statutes," or similar words | 
| 189 | that show the principal's intent that the authority conferred is | 
| 190 | exercisable notwithstanding the principal's subsequent | 
| 191 | incapacity. | 
| 192 | Section 7.  Section 709.2105, Florida Statutes, is created | 
| 193 | to read: | 
| 194 | 709.2105  Qualifications of agent; execution of power of | 
| 195 | attorney.- | 
| 196 | (1)  The agent must be a natural person who is 18 years of | 
| 197 | age or older or a financial institution that has trust powers, | 
| 198 | has a place of business in this state, and is authorized to | 
| 199 | conduct trust business in this state. | 
| 200 | (2)  A power of attorney must be signed by the principal | 
| 201 | and by two subscribing witnesses and be acknowledged by the | 
| 202 | principal before a notary public or as otherwise provided in s. | 
| 203 | 695.03. | 
| 204 | Section 8.  Section 709.2106, Florida Statutes, is created | 
| 205 | to read: | 
| 206 | 709.2106  Validity of power of attorney.- | 
| 207 | (1)  A power of attorney executed on or after October 1, | 
| 208 | 2011, is valid if its execution complies with s. 709.2103. | 
| 209 | (2)  A power of attorney executed before October 1, 2011, | 
| 210 | is valid if its execution complied with the law of this state at | 
| 211 | the time of execution. | 
| 212 | (3)  A power of attorney executed in another state which | 
| 213 | does not comply with the execution requirements of this part is | 
| 214 | valid in this state if, when the power of attorney was executed, | 
| 215 | the power of attorney and its execution complied with the law of | 
| 216 | the state of execution. A third person who is requested to | 
| 217 | accept a power of attorney that is valid in this state solely | 
| 218 | because of this subsection may in good faith request, and rely | 
| 219 | upon, without further investigation, an opinion of counsel as to | 
| 220 | any matter of law concerning the power of attorney, including | 
| 221 | the due execution and validity of the power of attorney. An | 
| 222 | opinion of counsel requested under this subsection must be | 
| 223 | provided at the principal's expense. A third person may accept a | 
| 224 | power of attorney that is valid in this state solely because of | 
| 225 | this subsection if the agent does not provide the requested | 
| 226 | opinion of counsel, and in such case, a third person has no | 
| 227 | liability for refusing to accept the power of attorney. This | 
| 228 | subsection does not affect any other rights of a third person | 
| 229 | who is requested to accept the power of attorney under this | 
| 230 | part, or any other provisions of applicable law. | 
| 231 | (4)  A military power of attorney is valid if it is | 
| 232 | executed in accordance with 10 U.S.C. s. 1044b, as amended. A | 
| 233 | deployment-contingent power of attorney may be signed in | 
| 234 | advance, is effective upon the deployment of the principal, and | 
| 235 | shall be afforded full force and effect by the courts of this | 
| 236 | state. | 
| 237 | (5)  Except as otherwise provided in the power of attorney, | 
| 238 | a photocopy or electronically transmitted copy of an original | 
| 239 | power of attorney has the same effect as the original. | 
| 240 | Section 9.  Section 709.2107, Florida Statutes, is created | 
| 241 | to read: | 
| 242 | 709.2107  Meaning and effectiveness of power of attorney.- | 
| 243 | The meaning and effectiveness of a power of attorney is governed | 
| 244 | by this part if the power of attorney: | 
| 245 | (1)  Is used in this state; or | 
| 246 | (2)  States that it is to be governed by the laws of this | 
| 247 | state. | 
| 248 | Section 10.  Section 709.2108, Florida Statutes, is created | 
| 249 | to read: | 
| 250 | 709.2108  When power of attorney is effective.- | 
| 251 | (1)  Except as provided in this section, a power of | 
| 252 | attorney is exercisable when executed. | 
| 253 | (2)  If a power of attorney executed before October 1, | 
| 254 | 2011, is conditioned on the principal's lack of capacity to | 
| 255 | manage property as defined in s. 744.102(12)(a), and the power | 
| 256 | of attorney has not become exercisable before that date, the | 
| 257 | power of attorney is exercisable upon the delivery of the | 
| 258 | affidavit of a physician who has primary responsibility for the | 
| 259 | treatment and care of the principal and who is licensed to | 
| 260 | practice medicine pursuant to chapter 458 or chapter 459 as of | 
| 261 | the date of the affidavit. The affidavit must state where the | 
| 262 | physician is licensed to practice medicine, that the physician | 
| 263 | is the primary physician who has responsibility for the | 
| 264 | treatment and care of the principal, and that the physician | 
| 265 | believes that the principal lacks the capacity to manage | 
| 266 | property. | 
| 267 | (3)  Except as provided in subsection (2) and section | 
| 268 | 709.2106(4), a power of attorney is ineffective if the power of | 
| 269 | attorney provides that it is to become effective at a future | 
| 270 | date or upon the occurrence of a future event or contingency. | 
| 271 | Section 11.  Section 709.2109, Florida Statutes, is created | 
| 272 | to read: | 
| 273 | 709.2109  Termination or suspension of power of attorney or | 
| 274 | agent's authority.- | 
| 275 | (1)  A power of attorney terminates when: | 
| 276 | (a)  The principal dies; | 
| 277 | (b)  The principal becomes incapacitated, if the power of | 
| 278 | attorney is not durable; | 
| 279 | (c)  The principal is adjudicated totally or partially | 
| 280 | incapacitated by a court, unless the court determines that | 
| 281 | certain authority granted by the power of attorney is to be | 
| 282 | exercisable by the agent; | 
| 283 | (d)  The principal revokes the power of attorney; | 
| 284 | (e)  The power of attorney provides that it terminates; | 
| 285 | (f)  The purpose of the power of attorney is accomplished; | 
| 286 | or | 
| 287 | (g)  The agent's authority terminates and the power of | 
| 288 | attorney does not provide for another agent to act under the | 
| 289 | power of attorney. | 
| 290 | (2)  An agent's authority is exercisable until the | 
| 291 | authority terminates. An agent's authority terminates when: | 
| 292 | (a)  The agent dies, becomes incapacitated, resigns, or is | 
| 293 | removed by a court; | 
| 294 | (b)  An action is filed for the dissolution or annulment of | 
| 295 | the agent's marriage to the principal or for their legal | 
| 296 | separation, unless the power of attorney otherwise provides; or | 
| 297 | (c)  The power of attorney terminates. | 
| 298 | (3)  If any person initiates judicial proceedings to | 
| 299 | determine the principal's incapacity or for the appointment of a | 
| 300 | guardian advocate, the authority granted under the power of | 
| 301 | attorney is suspended until the petition is dismissed or | 
| 302 | withdrawn or the court enters an order authorizing the agent to | 
| 303 | exercise one or more powers granted under the power of attorney. | 
| 304 | (a)  If an emergency arises after initiation of proceedings | 
| 305 | to determine incapacity and before adjudication regarding the | 
| 306 | principal's capacity, the agent may petition the court in which | 
| 307 | the proceeding is pending for authorization to exercise a power | 
| 308 | granted under the power of attorney. The petition must set forth | 
| 309 | the nature of the emergency, the property or matter involved, | 
| 310 | and the power to be exercised by the agent. | 
| 311 | (b)  Notwithstanding the provisions of this section, unless | 
| 312 | otherwise ordered by the court, a proceeding to determine | 
| 313 | incapacity does not affect the authority of the agent to make | 
| 314 | health care decisions for the principal, including, but not | 
| 315 | limited to, those provided in chapter 765. If the principal has | 
| 316 | executed a health care advance directive designating a health | 
| 317 | care surrogate, the terms of the directive control if the | 
| 318 | directive and the power of attorney are in conflict unless the | 
| 319 | power of attorney is later executed and expressly states | 
| 320 | otherwise. | 
| 321 | (4)  Termination or suspension of an agent's authority or | 
| 322 | of a power of attorney is not effective as to an agent who, | 
| 323 | without knowledge of the termination or suspension, acts in good | 
| 324 | faith under the power of attorney. An act so performed, unless | 
| 325 | otherwise invalid or unenforceable, binds the principal and the | 
| 326 | principal's successors in interest. | 
| 327 | Section 12.  Section 709.2110, Florida Statutes, is created | 
| 328 | to read: | 
| 329 | 709.2110  Revocation of power of attorney.- | 
| 330 | (1)  A principal may revoke a power of attorney by | 
| 331 | expressing the revocation in a subsequently executed power of | 
| 332 | attorney or other writing signed by the principal. The principal | 
| 333 | may give notice of the revocation to an agent who has accepted | 
| 334 | authority under the revoked power of attorney. | 
| 335 | (2)  Except as provided in subsection (1), the execution of | 
| 336 | a power of attorney does not revoke a power of attorney | 
| 337 | previously executed by the principal. | 
| 338 | Section 13.  Section 709.2111, Florida Statutes, is created | 
| 339 | to read: | 
| 340 | 709.2111  Co-agents and successor agents.- | 
| 341 | (1)  A principal may designate two or more persons to act | 
| 342 | as co-agents. Unless the power of attorney otherwise provides, | 
| 343 | each co-agent may exercise its authority independently. | 
| 344 | (2)  A principal may designate one or more successor agents | 
| 345 | to act if an agent resigns, dies, becomes incapacitated, is not | 
| 346 | qualified to serve, or declines to serve. Unless the power of | 
| 347 | attorney otherwise provides, a successor agent: | 
| 348 | (a)  Has the same authority as that granted to the original | 
| 349 | agent; and | 
| 350 | (b)  May not act until the predecessor agents have | 
| 351 | resigned, have died, have become incapacitated, are no longer | 
| 352 | qualified to serve, or have declined to serve. | 
| 353 | (3)  Except as otherwise provided in the power of attorney | 
| 354 | and subsection (4), an agent who does not participate in or | 
| 355 | conceal a breach of fiduciary duty committed by another agent, | 
| 356 | including a predecessor agent, is not liable for the actions or | 
| 357 | omissions of the other agent. | 
| 358 | (4)  An agent who has actual knowledge of a breach or | 
| 359 | imminent breach of fiduciary duty by another agent, including a | 
| 360 | predecessor agent, must take any action reasonably appropriate | 
| 361 | in the circumstances to safeguard the principal's best | 
| 362 | interests. If the agent in good faith believes that the | 
| 363 | principal is not incapacitated, giving notice to the principal | 
| 364 | is a sufficient action. An agent who fails to take action as | 
| 365 | required by this subsection is liable to the principal for the | 
| 366 | principal's reasonably foreseeable damages that could have been | 
| 367 | avoided if the agent had taken such action. | 
| 368 | (5)  A successor agent does not have a duty to review the | 
| 369 | conduct or decisions of a predecessor agent. Except as provided | 
| 370 | in subsection (4), a successor agent does not have a duty to | 
| 371 | institute any proceeding against a predecessor agent, or to file | 
| 372 | any claim against a predecessor agent's estate, for any of the | 
| 373 | predecessor agent's actions or omissions as agent. | 
| 374 | (6)  If a power of attorney requires that two or more | 
| 375 | persons act together as co-agents, notwithstanding the | 
| 376 | requirement that they act together, one or more of the agents | 
| 377 | may delegate to a co-agent the authority to conduct banking | 
| 378 | transactions as provided in s. 709.2208(1), whether the | 
| 379 | authority to conduct banking transactions is specifically | 
| 380 | enumerated or incorporated by reference to that section in the | 
| 381 | power of attorney. | 
| 382 | Section 14.  Section 709.2112, Florida Statutes, is created | 
| 383 | to read: | 
| 384 | 709.2112  Reimbursement and compensation of agent.- | 
| 385 | (1)  Unless the power of attorney otherwise provides, an | 
| 386 | agent is entitled to reimbursement of expenses reasonably | 
| 387 | incurred on behalf of the principal. | 
| 388 | (2)  Unless the power of attorney otherwise provides, a | 
| 389 | qualified agent is entitled to compensation that is reasonable | 
| 390 | under the circumstances. | 
| 391 | (3)  Notwithstanding any provision in the power of | 
| 392 | attorney, an agent may not be paid compensation unless the agent | 
| 393 | is a qualified agent. | 
| 394 | (4)  For purposes of this section, the term "qualified | 
| 395 | agent" means an agent who is the spouse of the principal, an | 
| 396 | heir of the principal within the meaning of s. 732.103, a | 
| 397 | financial institution that has trust powers and a place of | 
| 398 | business in this state, an attorney or certified public | 
| 399 | accountant who is licensed in this state, or a natural person | 
| 400 | who is a resident of this state and who has never been an agent | 
| 401 | for more than three principals at the same time. | 
| 402 | Section 15.  Section 709.2113, Florida Statutes, is created | 
| 403 | to read: | 
| 404 | 709.2113  Agent's acceptance of appointment.-Except as | 
| 405 | otherwise provided in the power of attorney, a person accepts | 
| 406 | appointment as an agent by exercising authority or performing | 
| 407 | duties as an agent or by any other assertion or conduct | 
| 408 | indicating acceptance. The scope of an agent's acceptance is | 
| 409 | limited to those aspects of the power of attorney for which the | 
| 410 | agent's assertions or conduct reasonably manifests acceptance. | 
| 411 | Section 16.  Section 709.2114, Florida Statutes, is created | 
| 412 | to read: | 
| 413 | 709.2114  Agent's duties.- | 
| 414 | (1)  An agent is a fiduciary. Notwithstanding the | 
| 415 | provisions in the power of attorney, an agent who has accepted | 
| 416 | appointment: | 
| 417 | (a)  Must act only within the scope of authority granted in | 
| 418 | the power of attorney. In exercising that authority, the agent: | 
| 419 | 1.  May not act contrary to the principal's reasonable | 
| 420 | expectations actually known by the agent; | 
| 421 | 2.  Must act in good faith; | 
| 422 | 3.  May not act in a manner that is contrary to the | 
| 423 | principal's best interest, except as provided in paragraph | 
| 424 | (2)(d) and s. 709.2202; and | 
| 425 | 4.  To the extent actually known by the agent, must attempt | 
| 426 | to preserve the principal's estate plan if preserving the plan | 
| 427 | is consistent with the principal's best interest based on all | 
| 428 | relevant factors, including: | 
| 429 | a.  The value and nature of the principal's property; | 
| 430 | b.  The principal's foreseeable obligations and need for | 
| 431 | maintenance; | 
| 432 | c.  Minimization of taxes, including income, estate, | 
| 433 | inheritance, generation-skipping transfer, and gift taxes; | 
| 434 | d.  Eligibility for a benefit, a program, or assistance | 
| 435 | under a statute or rule; and | 
| 436 | e.  The principal's personal history of making or joining | 
| 437 | in making gifts; | 
| 438 | (b)  May not delegate authority to a third person except as | 
| 439 | provided in s. 518.112; | 
| 440 | (c)  Must keep a record of all receipts, disbursements, and | 
| 441 | transactions made on behalf of the principal; and | 
| 442 | (d)  Must create and maintain an accurate inventory each | 
| 443 | time the agent accesses the principal's safe-deposit box, if the | 
| 444 | power of attorney authorizes the agent to access the box. | 
| 445 | (2)  Except as otherwise provided in the power of attorney, | 
| 446 | an agent who has accepted appointment shall: | 
| 447 | (a)  Act loyally for the sole benefit of the principal; | 
| 448 | (b)  Act so as not to create a conflict of interest that | 
| 449 | impairs the agent's ability to act impartially in the | 
| 450 | principal's best interest; | 
| 451 | (c)  Act with the care, competence, and diligence | 
| 452 | ordinarily exercised by agents in similar circumstances; and | 
| 453 | (d)  Cooperate with a person who has authority to make | 
| 454 | health care decisions for the principal in order to carry out | 
| 455 | the principal's reasonable expectations to the extent actually | 
| 456 | known by the agent and, otherwise, act in the principal's best | 
| 457 | interest. | 
| 458 | (3)  An agent who acts in good faith is not liable to any | 
| 459 | beneficiary of the principal's estate plan for failure to | 
| 460 | preserve the plan. | 
| 461 | (4)  If an agent is selected by the principal because of | 
| 462 | special skills or expertise possessed by the agent or in | 
| 463 | reliance on the agent's representation that the agent has | 
| 464 | special skills or expertise, the special skills or expertise | 
| 465 | must be considered in determining whether the agent has acted | 
| 466 | with care, competence, and diligence under the circumstances. | 
| 467 | (5)  Absent a breach of duty to the principal, an agent is | 
| 468 | not liable if the value of the principal's property declines. | 
| 469 | (6)  Except as otherwise provided in the power of attorney, | 
| 470 | an agent is not required to disclose receipts, disbursements, | 
| 471 | transactions conducted on behalf of the principal, or safe- | 
| 472 | deposit box inventories, unless ordered by a court or requested | 
| 473 | by the principal, a court-appointed guardian, another fiduciary | 
| 474 | acting for the principal, a governmental agency having authority | 
| 475 | to protect the welfare of the principal, or, upon the death of | 
| 476 | the principal, by the personal representative or successor in | 
| 477 | interest of the principal's estate. If requested, the agent must | 
| 478 | comply with the request within 60 days or provide a writing or | 
| 479 | other record substantiating why additional time is needed and | 
| 480 | comply with the request within an additional 60 days. | 
| 481 | Section 17.  Section 709.2115, Florida Statutes, is created | 
| 482 | to read: | 
| 483 | 709.2115  Exoneration of agent.-A power of attorney may | 
| 484 | provide that the agent is not liable for any acts or decisions | 
| 485 | made by the agent in good faith and under the power of attorney, | 
| 486 | except to the extent the provision: | 
| 487 | (1)  Relieves the agent of liability for breach of a duty | 
| 488 | committed dishonestly, with improper motive, or with reckless | 
| 489 | indifference to the purposes of the power of attorney or the | 
| 490 | best interest of the principal; or | 
| 491 | (2)  Was inserted as a result of an abuse of a confidential | 
| 492 | or fiduciary relationship with the principal. | 
| 493 | Section 18.  Section 709.2116, Florida Statutes, is created | 
| 494 | to read: | 
| 495 | 709.2116  Judicial relief; conflicts of interests.- | 
| 496 | (1)  A court may construe or enforce a power of attorney, | 
| 497 | review the agent's conduct, terminate the agent's authority, | 
| 498 | remove the agent, and grant other appropriate relief. | 
| 499 | (2)  The following persons may petition the court: | 
| 500 | (a)  The principal or the agent, including any nominated | 
| 501 | successor agent. | 
| 502 | (b)  A guardian, conservator, trustee, or other fiduciary | 
| 503 | acting for the principal or the principal's estate. | 
| 504 | (c)  A person authorized to make health care decisions for | 
| 505 | the principal if the health care of the principal is affected by | 
| 506 | the actions of the agent. | 
| 507 | (d)  Any other interested person if the person demonstrates | 
| 508 | to the court's satisfaction that the person is interested in the | 
| 509 | welfare of the principal and has a good faith belief that the | 
| 510 | court's intervention is necessary. | 
| 511 | (e)  A governmental agency having regulatory authority to | 
| 512 | protect the welfare of the principal. | 
| 513 | (f)  A person asked to honor the power of attorney. | 
| 514 | (3)  In any proceeding commenced by filing a petition under | 
| 515 | this section, including, but not limited to, the unreasonable | 
| 516 | refusal of a third person to allow an agent to act pursuant to | 
| 517 | the power of attorney, and in challenges to the proper exercise | 
| 518 | of authority by the agent, the court shall award reasonable | 
| 519 | attorney's fees and costs. | 
| 520 | (4)  If an agent's exercise of a power is challenged in a | 
| 521 | judicial proceeding brought by or on behalf of the principal on | 
| 522 | the grounds that the exercise of the power was affected by a | 
| 523 | conflict of interest, and evidence is presented that the agent | 
| 524 | or an affiliate of the agent had a personal interest in the | 
| 525 | exercise of the power, the agent or affiliate has the burden of | 
| 526 | proving, by clear and convincing evidence that the agent acted: | 
| 527 | (a)  Solely in the interest of the principal; or | 
| 528 | (b)  In good faith in the principal's best interest, and | 
| 529 | the conflict of interest was expressly authorized in the power | 
| 530 | of attorney. | 
| 531 | (5)  For purposes of subsection (4): | 
| 532 | (a)  A provision authorizing an agent to engage in a | 
| 533 | transaction affected by a conflict of interest which is inserted | 
| 534 | into a power of attorney as the result of the abuse of a | 
| 535 | fiduciary or confidential relationship with the principal by the | 
| 536 | agent or the agent's affiliate is invalid. | 
| 537 | (b)  Affiliates of an agent include: | 
| 538 | 1.  The agent's spouse; | 
| 539 | 2.  The agent's descendants, siblings, parents, or their | 
| 540 | spouses; | 
| 541 | 3.  A corporation or other entity in which the agent, or a | 
| 542 | person who owns a significant interest in the agent, has an | 
| 543 | interest that might affect the agent's best judgment; | 
| 544 | 4.  A person or entity that owns a significant interest in | 
| 545 | the agent; or | 
| 546 | 5.  The agent acting in a fiduciary capacity for someone | 
| 547 | other than the principal. | 
| 548 | Section 19.  Section 709.2117, Florida Statutes, is created | 
| 549 | to read: | 
| 550 | 709.2117  Agent's liability.-An agent who violates this | 
| 551 | part is liable to the principal or the principal's successors in | 
| 552 | interest for the amount required to: | 
| 553 | (1)  Restore the value of the principal's property to what | 
| 554 | it would have been had the violation not occurred; and | 
| 555 | (2)  Reimburse the principal or the principal's successors | 
| 556 | in interest for the attorney's fees and costs paid from the | 
| 557 | principal's funds on the agent's behalf in defense of the | 
| 558 | agent's actions. | 
| 559 | Section 20.  Section 709.2118, Florida Statutes, is created | 
| 560 | to read: | 
| 561 | 709.2118  Agent's resignation.-Unless the power of attorney | 
| 562 | provides a different method for an agent's resignation, an agent | 
| 563 | may resign by giving notice to the principal, to the guardian if | 
| 564 | the principal is incapacitated and one has been appointed for | 
| 565 | the principal, and to any co-agent, or if none, the next | 
| 566 | successor agent. | 
| 567 | Section 21.  Section 709.2119, Florida Statutes, is created | 
| 568 | to read: | 
| 569 | 709.2119  Acceptance of and reliance upon power of | 
| 570 | attorney.- | 
| 571 | (1)(a)  A third person who in good faith accepts a power of | 
| 572 | attorney that appears to be executed in accordance with this | 
| 573 | part may rely upon the power of attorney and may enforce an | 
| 574 | authorized transaction against the principal's property as if: | 
| 575 | 1.  The power of attorney were genuine, valid, and still in | 
| 576 | effect; | 
| 577 | 2.  The agent's authority were genuine, valid, and still in | 
| 578 | effect; and | 
| 579 | 3.  The authority of the officer executing for or on behalf | 
| 580 | of a financial institution that has trust powers and acting as | 
| 581 | agent is genuine, valid, and still in effect. | 
| 582 | (b)  For purposes of this subsection, and without limiting | 
| 583 | what constitutes good faith, a third person does not accept a | 
| 584 | power of attorney in good faith if the third person has notice | 
| 585 | that: | 
| 586 | 1.  The power of attorney is void, invalid, or terminated; | 
| 587 | or | 
| 588 | 2.  The purported agent's authority is void, invalid, | 
| 589 | suspended, or terminated. | 
| 590 | (2)  A third person may require: | 
| 591 | (a)  An agent to execute an affidavit stating where the | 
| 592 | principal is domiciled; that the principal is not deceased; that | 
| 593 | there has been no revocation, or partial or complete termination | 
| 594 | by adjudication of incapacity or by the occurrence of an event | 
| 595 | referenced in the power of attorney; that there has been no | 
| 596 | suspension by initiation of proceedings to determine incapacity, | 
| 597 | or to appoint a guardian, of the principal; and, if the affiant | 
| 598 | is a successor agent, the reasons for the unavailability of the | 
| 599 | predecessor agents, if any, at the time the authority is | 
| 600 | exercised. | 
| 601 | (b)  An officer of a financial institution acting as agent | 
| 602 | to execute a separate affidavit, or include in the form of the | 
| 603 | affidavit, the officer's title and a statement that the officer | 
| 604 | has full authority to perform all acts and enter into all | 
| 605 | transactions authorized by the power of attorney for and on | 
| 606 | behalf of the financial institution in its capacity as agent. A | 
| 607 | written affidavit executed by the agent under this subsection | 
| 608 | may, but need not, be in the following form: | 
| 609 | 
 | 
| 610 | STATE OF............ | 
| 611 | COUNTY OF............ | 
| 612 | 
 | 
| 613 | Before me, the undersigned authority, personally appeared | 
| 614 | ...(attorney in fact)... ("Affiant"), who swore or affirmed | 
| 615 | that: | 
| 616 | 1.  Affiant is the attorney in fact named in the Durable | 
| 617 | Power of Attorney executed by ...(principal)... ("Principal") on | 
| 618 | ...(date).... | 
| 619 | 2.  This Power of Attorney is currently exercisable by | 
| 620 | Affiant. The principal is domiciled in ...(insert name of state, | 
| 621 | territory, or foreign country).... | 
| 622 | 3.  To the best of the Affiant's knowledge after diligent | 
| 623 | search and inquiry: | 
| 624 | a.  The Principal is not deceased; | 
| 625 | b.  Affiant's authority has not been suspended by | 
| 626 | initiation of proceedings to determine incapacity or to appoint | 
| 627 | a guardian or a guardian advocate; and | 
| 628 | c.  There has been no revocation, or partial or complete | 
| 629 | termination, of the power of attorney or of the Affiant's | 
| 630 | authority. | 
| 631 | 4.  The Affiant is acting within the scope of authority | 
| 632 | granted in the power of attorney. | 
| 633 | 5.  The Affiant is the successor to ...(insert name of | 
| 634 | predecessor agent)..., who has resigned, died, become | 
| 635 | incapacitated, is no longer qualified to serve, has declined to | 
| 636 | serve as agent, or is otherwise unable to act, if applicable. | 
| 637 | 6.  Affiant agrees not to exercise any powers granted by | 
| 638 | the Durable Power of Attorney if Affiant attains knowledge that | 
| 639 | it has been revoked, has been partially or completely terminated | 
| 640 | or suspended, or is no longer valid because of the death or | 
| 641 | adjudication of incapacity of the Principal. | 
| 642 | 
 | 
| 643 | ................ | 
| 644 | ...(Affiant)... | 
| 645 | 
 | 
| 646 | Sworn to (or affirmed) and subscribed before me this .... | 
| 647 | day of ...(month)..., ...(year)..., by ...(name of person making | 
| 648 | statement)... | 
| 649 | 
 | 
| 650 | ...(Signature of Notary Public-State of Florida)... | 
| 651 | 
 | 
| 652 | ...(Print, Type, or Stamp Commissioned Name of Notary Public)... | 
| 653 | 
 | 
| 654 | Personally Known OR Produced Identification | 
| 655 | ...(Type of Identification Produced)... | 
| 656 | 
 | 
| 657 | (3)  A third person who is asked to accept a power of | 
| 658 | attorney that appears to be executed in accordance with s. | 
| 659 | 709.2103 may in good faith request, and rely upon, without | 
| 660 | further investigation: | 
| 661 | (a)  A verified English translation of the power of | 
| 662 | attorney if the power of attorney contains, in whole or in part, | 
| 663 | language other than English; | 
| 664 | (b)  An opinion of counsel as to any matter of law | 
| 665 | concerning the power of attorney if the third person making the | 
| 666 | request provides in a writing or other record the reason for the | 
| 667 | request; or | 
| 668 | (c)  The affidavit described in subsection (2). | 
| 669 | (4)  An English translation or an opinion of counsel | 
| 670 | requested under this section must be provided at the principal's | 
| 671 | expense unless the request is made after the time specified in | 
| 672 | s. 709.2120(1) for acceptance or rejection of the power of | 
| 673 | attorney. | 
| 674 | (5)  Third persons who act in reliance upon the authority | 
| 675 | granted to an agent and in accordance with the instructions of | 
| 676 | the agent shall be held harmless by the principal from any loss | 
| 677 | suffered or liability incurred as a result of actions taken | 
| 678 | before the receipt of written notice as provided in s. 709.2121. | 
| 679 | A third person who acts in good faith upon any representation, | 
| 680 | direction, decision, or act of the agent is not liable to the | 
| 681 | principal or the principal's estate, beneficiaries, or joint | 
| 682 | owners for those acts. | 
| 683 | (6)  The acts of an agent under a power of attorney are as | 
| 684 | valid and binding on the principal or the principal's estate as | 
| 685 | if the principal were alive and competent if, in connection with | 
| 686 | any activity pertaining to hostilities in which the United | 
| 687 | States is then engaged, the principal is officially listed or | 
| 688 | reported by a branch of the United States Armed Forces in a | 
| 689 | missing status as defined in 37 U.S.C. s. 551 or 5 U.S.C. s. | 
| 690 | 5561, regardless of whether the principal is dead, alive, or | 
| 691 | incompetent. Homestead property held as tenants by the | 
| 692 | entireties may not be conveyed by a power of attorney regulated | 
| 693 | under this provision until 1 year after the first official | 
| 694 | report or listing of the principal as missing or missing in | 
| 695 | action. An affidavit of an officer of the Armed Forces having | 
| 696 | maintenance and control of the records pertaining to those | 
| 697 | missing or missing in action that the principal has been in that | 
| 698 | status for a given period is conclusive presumption of the fact. | 
| 699 | Section 22.  Section 709.2120, Florida Statutes, is created | 
| 700 | to read: | 
| 701 | 709.2120  Refusal to accept power of attorney.- | 
| 702 | (1)  Except as provided in subsection (2): | 
| 703 | (a)  A third person must accept or reject a power of | 
| 704 | attorney within a reasonable time. A third person who rejects a | 
| 705 | power of attorney must state in writing the reason for the | 
| 706 | rejection. | 
| 707 | (b)  Four days, excluding Saturdays, Sundays, and legal | 
| 708 | holidays, are presumed to be a reasonable time for a financial | 
| 709 | institution to accept or reject a power of attorney with respect | 
| 710 | to: | 
| 711 | 1.  A banking transaction, if the power of attorney | 
| 712 | expressly contains authority to conduct banking transactions | 
| 713 | pursuant to s. 709.2208(1); or | 
| 714 | 2.  A security transaction, if the power of attorney | 
| 715 | expressly contains authority to conduct security transactions | 
| 716 | pursuant to s. 709.2208(2). | 
| 717 | (c)  A third person may not require an additional or | 
| 718 | different form of power of attorney for authority granted in the | 
| 719 | power of attorney presented. | 
| 720 | (2)  A third person is not required to accept a power of | 
| 721 | attorney if: | 
| 722 | (a)  The third person is not otherwise required to engage | 
| 723 | in a transaction with the principal in the same circumstances; | 
| 724 | (b)  The third person has knowledge of the termination or | 
| 725 | suspension of the agent's authority or of the power of attorney | 
| 726 | before exercising the power; | 
| 727 | (c)  A timely request by the third person for an affidavit, | 
| 728 | English translation, or opinion of counsel under s. 709.2119(4) | 
| 729 | is refused by the agent; | 
| 730 | (d)  Except as provided in paragraph (b), the third person | 
| 731 | believes in good faith that the power is not valid or that the | 
| 732 | agent does not have authority to perform the act requested; or | 
| 733 | (e)  The third person makes, or has knowledge that another | 
| 734 | person has made, a report to the local adult protective services | 
| 735 | office stating a good faith belief that the principal may be | 
| 736 | subject to physical or financial abuse, neglect, exploitation, | 
| 737 | or abandonment by the agent or a person acting for or with the | 
| 738 | agent. | 
| 739 | (3)  A third person who, in violation of this section, | 
| 740 | refuses to accept a power of attorney is subject to: | 
| 741 | (a)  A court order mandating acceptance of the power of | 
| 742 | attorney; and | 
| 743 | (b)  Liability for damages, including reasonable attorney's | 
| 744 | fees and costs, incurred in any action or proceeding that | 
| 745 | confirms, for the purpose tendered, the validity of the power of | 
| 746 | attorney or mandates acceptance of the power of attorney. | 
| 747 | Section 23.  Section 709.2121, Florida Statutes, is created | 
| 748 | to read: | 
| 749 | 709.2121  Notice.- | 
| 750 | (1)  A notice, including a notice of revocation, notice of | 
| 751 | partial or complete termination by adjudication of incapacity or | 
| 752 | by the occurrence of an event referenced in the power of | 
| 753 | attorney, notice of death of the principal, notice of suspension | 
| 754 | by initiation of proceedings to determine incapacity or to | 
| 755 | appoint a guardian, or other notice, is not effective until | 
| 756 | written notice is provided to the agent or any third persons | 
| 757 | relying upon a power of attorney. | 
| 758 | (2)  Notice must be in writing and must be accomplished in | 
| 759 | a manner reasonably suitable under the circumstances and likely | 
| 760 | to result in receipt of the notice or document. Permissible | 
| 761 | methods of notice or for sending a document include first-class | 
| 762 | mail, personal delivery, delivery to the person's last known | 
| 763 | place of residence or place of business, or a properly directed | 
| 764 | facsimile or other electronic message. | 
| 765 | (3)  Notice to a financial institution must contain the | 
| 766 | name, address, and the last four digits of the principal's | 
| 767 | taxpayer identification number and be directed to an officer or | 
| 768 | a manager of the financial institution in this state. | 
| 769 | (4)  Notice is effective when given, except that notice | 
| 770 | upon a financial institution, brokerage company, or title | 
| 771 | insurance company is not effective until 5 days, excluding | 
| 772 | Saturdays, Sundays, and legal holidays, after it is received. | 
| 773 | Section 24.  Section 709.2201, Florida Statutes, is created | 
| 774 | to read: | 
| 775 | 709.2201  Authority of agent.- | 
| 776 | (1)  Except as provided in this section or other applicable | 
| 777 | law, an agent may only exercise authority specifically granted | 
| 778 | to the agent in the power of attorney and any authority | 
| 779 | reasonably necessary to give effect to that express grant of | 
| 780 | specific authority. General provisions in a power of attorney | 
| 781 | which do not identify the specific authority granted, such as | 
| 782 | provisions purporting to give the agent authority to do all acts | 
| 783 | that the principal can do, is not an express grant of specific | 
| 784 | authority and does not grant any authority to the agent. Court | 
| 785 | approval is not required for any action of the agent in | 
| 786 | furtherance of an express grant of specific authority. | 
| 787 | (2)  As a confirmation of the law in effect in this state | 
| 788 | when this part became effective, such authorization may include, | 
| 789 | without limitation, authority to: | 
| 790 | (a)  Execute stock powers or similar documents on behalf of | 
| 791 | the principal and delegate to a transfer agent or similar person | 
| 792 | the authority to register any stocks, bonds, or other securities | 
| 793 | into or out of the principal's or nominee's name. | 
| 794 | (b)  Convey or mortgage homestead property. However, if the | 
| 795 | principal is married, the agent may not mortgage or convey | 
| 796 | homestead property without joinder of the principal's spouse or | 
| 797 | the spouse's guardian. Joinder by a spouse may be accomplished | 
| 798 | by the exercise of authority in a power of attorney executed by | 
| 799 | the joining spouse, and either spouse may appoint the other as | 
| 800 | his or her agent. | 
| 801 | (c)  If such authority is specifically granted in a durable | 
| 802 | power of attorney, make all health care decisions on behalf of | 
| 803 | the principal, including, but not limited to, those set forth in | 
| 804 | chapter 765. | 
| 805 | (3)  Notwithstanding the provisions of this section, an | 
| 806 | agent may not: | 
| 807 | (a)  Perform duties under a contract that requires the | 
| 808 | exercise of personal services of the principal; | 
| 809 | (b)  Make any affidavit as to the personal knowledge of the | 
| 810 | principal; | 
| 811 | (c)  Vote in any public election on behalf of the | 
| 812 | principal; | 
| 813 | (d)  Execute or revoke any will or codicil for the | 
| 814 | principal; or | 
| 815 | (e)  Exercise powers and authority granted to the principal | 
| 816 | as trustee or as court-appointed fiduciary. | 
| 817 | (4)  Subject to s. 709.2202, if the subjects over which | 
| 818 | authority is granted in a power of attorney are similar or | 
| 819 | overlap, the broadest authority controls. | 
| 820 | (5)  Authority granted in a power of attorney is | 
| 821 | exercisable with respect to property that the principal has when | 
| 822 | the power of attorney is executed and to property that the | 
| 823 | principal acquires later, whether or not the property is located | 
| 824 | in this state and whether or not the authority is exercised or | 
| 825 | the power of attorney is executed in this state. | 
| 826 | (6)  An act performed by an agent pursuant to a power of | 
| 827 | attorney has the same effect and inures to the benefit of and | 
| 828 | binds the principal and the principal's successors in interest | 
| 829 | as if the principal had performed the act. | 
| 830 | Section 25.  Section 709.2202, Florida Statutes, is created | 
| 831 | to read: | 
| 832 | 709.2202  Authority that requires separate signed | 
| 833 | enumeration.- | 
| 834 | (1)  Notwithstanding s. 709.2201, an agent may exercise the | 
| 835 | following authority only if the principal signed or initialed | 
| 836 | next to each specific enumeration of the authority, the exercise | 
| 837 | of the authority is consistent with the agent's duties under s. | 
| 838 | 709.2114, and the exercise is not otherwise prohibited by | 
| 839 | another agreement or instrument: | 
| 840 | (a)  Create an inter vivos trust; | 
| 841 | (b)  With respect to a trust created by or on behalf of the | 
| 842 | principal, amend, modify, revoke, or terminate the trust, but | 
| 843 | only if the trust instrument explicitly provides for amendment, | 
| 844 | modification, revocation, or termination by the settlor's agent; | 
| 845 | (c)  Make a gift, subject to subsection (3); | 
| 846 | (d)  Create or change rights of survivorship; | 
| 847 | (e)  Create or change a beneficiary designation; | 
| 848 | (f)  Waive the principal's right to be a beneficiary of a | 
| 849 | joint and survivor annuity, including a survivor benefit under a | 
| 850 | retirement plan; or | 
| 851 | (g)  Disclaim property and powers of appointment. | 
| 852 | (2)  Notwithstanding a grant of authority to do an act | 
| 853 | described in subsection (1), unless the power of attorney | 
| 854 | otherwise provides, an agent who is not an ancestor, spouse, or | 
| 855 | descendant of the principal may not exercise authority to create | 
| 856 | in the agent, or in an individual to whom the agent owes a legal | 
| 857 | obligation of support, an interest in the principal's property, | 
| 858 | whether by gift, right of survivorship, beneficiary designation, | 
| 859 | disclaimer, or otherwise. | 
| 860 | (3)  Unless the power of attorney otherwise provides, a | 
| 861 | provision in a power of attorney granting general authority with | 
| 862 | respect to gifts authorizes the agent to only: | 
| 863 | (a)  Make outright to, or for the benefit of, a person a | 
| 864 | gift of any of the principal's property, including by the | 
| 865 | exercise of a presently exercisable general power of appointment | 
| 866 | held by the principal, in an amount per donee not to exceed the | 
| 867 | annual dollar limits of the federal gift tax exclusion under 26 | 
| 868 | U.S.C. s. 2503(b), as amended, without regard to whether the | 
| 869 | federal gift tax exclusion applies to the gift, or if the | 
| 870 | principal's spouse agrees to consent to a split gift pursuant to | 
| 871 | 26 U.S.C. s. 2513, as amended, in an amount per donee not to | 
| 872 | exceed twice the annual federal gift tax exclusion limit; and | 
| 873 | (b)  Consent, pursuant to 26 U.S.C. s. 2513, as amended, to | 
| 874 | the splitting of a gift made by the principal's spouse in an | 
| 875 | amount per donee not to exceed the aggregate annual gift tax | 
| 876 | exclusions for both spouses. | 
| 877 | (4)  Notwithstanding subsection (1), if a power of attorney | 
| 878 | is otherwise sufficient to grant an agent authority to conduct | 
| 879 | banking transactions, as provided in s. 709.2208(1), conduct | 
| 880 | investment transactions as provided in s. 709.2208(2), or | 
| 881 | otherwise make additions to or withdrawals from an account of | 
| 882 | the principal, making a deposit to or withdrawal from an | 
| 883 | insurance policy, retirement account, individual retirement | 
| 884 | account, benefit plan, bank account, or any other account held | 
| 885 | jointly or otherwise held in survivorship or payable on death, | 
| 886 | is not considered to be a change to the survivorship feature or | 
| 887 | beneficiary designation, and no further specific authority is | 
| 888 | required for the agent to exercise such authority. A bank or | 
| 889 | other financial institution does not have a duty to inquire as | 
| 890 | to the appropriateness of the agent's exercise of that authority | 
| 891 | and is not liable to the principal or any other person for | 
| 892 | actions taken in good faith reliance on the appropriateness of | 
| 893 | the agent's actions. This subsection does not eliminate the | 
| 894 | agent's fiduciary duties to the principal with respect to any | 
| 895 | exercise of the power of attorney. | 
| 896 | (5)  This section does not apply to a power of attorney | 
| 897 | executed before October 1, 2011. | 
| 898 | Section 26.  Section 709.2208, Florida Statutes, is created | 
| 899 | to read: | 
| 900 | 709.2208  Banks and other financial institutions.- | 
| 901 | (1)  A power of attorney that includes the statement that | 
| 902 | the agent has "authority to conduct banking transactions as | 
| 903 | provided in section 709.2208(1), Florida Statutes" grants | 
| 904 | general authority to the agent to engage in the following | 
| 905 | transactions with financial institutions without additional | 
| 906 | specific enumeration in the power of attorney: | 
| 907 | (a)  Establish, continue, modify, or terminate an account | 
| 908 | or other banking arrangement with a financial institution. | 
| 909 | (b)  Contract for services available from a financial | 
| 910 | institution, including renting a safe-deposit box or space in a | 
| 911 | vault. | 
| 912 | (c)  Withdraw, by check, order, electronic funds transfer, | 
| 913 | or otherwise, money or property of the principal deposited with | 
| 914 | or left in the custody of a financial institution. | 
| 915 | (d)  Receive statements of account, vouchers, notices, and | 
| 916 | similar documents from a financial institution and act with | 
| 917 | respect to them. | 
| 918 | (e)  Purchase cashier's checks, official checks, counter | 
| 919 | checks, bank drafts, money orders, and similar instruments. | 
| 920 | (f)  Endorse and negotiate checks, cashier's checks, | 
| 921 | official checks, drafts, and other negotiable paper of the | 
| 922 | principal or payable to the principal or the principal's order, | 
| 923 | transfer money, receive the cash or other proceeds of those | 
| 924 | transactions, and accept a draft drawn by a person upon the | 
| 925 | principal and pay it when due. | 
| 926 | (g)  Apply for, receive, and use debit cards, electronic | 
| 927 | transaction authorizations, and traveler's checks from a | 
| 928 | financial institution. | 
| 929 | (h)  Use, charge, or draw upon any line of credit, credit | 
| 930 | card, or other credit established by the principal with a | 
| 931 | financial institution. | 
| 932 | (i)  Consent to an extension of the time of payment with | 
| 933 | respect to commercial paper or a financial transaction with a | 
| 934 | financial institution. | 
| 935 | (2)  A power of attorney that specifically includes the | 
| 936 | statement that the agent has "authority to conduct investment | 
| 937 | transactions as provided in section 709.2208(2), Florida | 
| 938 | Statutes" grants general authority to the agent with respect to | 
| 939 | securities held by financial institutions to take the following | 
| 940 | actions without additional specific enumeration in the power of | 
| 941 | attorney: | 
| 942 | (a)  Buy, sell, and exchange investment instruments. | 
| 943 | (b)  Establish, continue, modify, or terminate an account | 
| 944 | with respect to investment instruments. | 
| 945 | (c)  Pledge investment instruments as security to borrow, | 
| 946 | pay, renew, or extend the time of payment of a debt of the | 
| 947 | principal. | 
| 948 | (d)  Receive certificates and other evidences of ownership | 
| 949 | with respect to investment instruments. | 
| 950 | (e)  Exercise voting rights with respect to investment | 
| 951 | instruments in person or by proxy, enter into voting trusts, and | 
| 952 | consent to limitations on the right to vote. | 
| 953 | (f)  Sell commodity futures contracts and call and put | 
| 954 | options on stocks and stock indexes. | 
| 955 | 
 | 
| 956 | For purposes of this subsection, the term "investment | 
| 957 | instruments" means stocks, bonds, mutual funds, and all other | 
| 958 | types of securities and financial instruments, whether held | 
| 959 | directly, indirectly, or in any other manner, including shares | 
| 960 | or interests in a private investment fund, including, but not | 
| 961 | limited to, a private investment fund organized as a limited | 
| 962 | partnership, a limited liability company, a statutory or common | 
| 963 | law business trust, a statutory trust, or a real estate | 
| 964 | investment trust, joint venture, or any other general or limited | 
| 965 | partnership; derivatives or other interests of any nature in | 
| 966 | securities such as options, options on futures, and variable | 
| 967 | forward contracts; mutual funds; common trust funds; money | 
| 968 | market funds; hedge funds; private equity or venture capital | 
| 969 | funds; insurance contracts; and other entities or vehicles | 
| 970 | investing in securities or interests in securities whether | 
| 971 | registered or otherwise, except commodity futures contracts and | 
| 972 | call and put options on stocks and stock indexes. | 
| 973 | Section 27.  Section 709.2301, Florida Statutes, is created | 
| 974 | to read: | 
| 975 | 709.2301  Principles of law and equity.-The common law of | 
| 976 | agency and principles of equity supplement this part, except as | 
| 977 | modified by this part or other state law. | 
| 978 | Section 28.  Section 709.2302, Florida Statutes, is created | 
| 979 | to read: | 
| 980 | 709.2302  Laws applicable to financial institutions and | 
| 981 | entities.-This part does not supersede any other law applicable | 
| 982 | to financial institutions or other entities, and that law | 
| 983 | controls if inconsistent with this part. | 
| 984 | Section 29.  Section 709.2303, Florida Statutes, is created | 
| 985 | to read: | 
| 986 | 709.2303  Remedies under other law.-The remedies under this | 
| 987 | part are not exclusive and do not abrogate any right or remedy | 
| 988 | under any other law other than this part. | 
| 989 | Section 30.  Section 709.2401, Florida Statutes, is created | 
| 990 | to read: | 
| 991 | 709.2401  Relation to electronic signatures in federal | 
| 992 | law.-This part modifies, limits, and supersedes the federal | 
| 993 | Electronic Signatures in Global and National Commerce Act, 15 | 
| 994 | U.S.C. s. 7001 et seq., but does not modify, limit, or supersede | 
| 995 | s. 101(c) of that act, or authorize electronic delivery of any | 
| 996 | of the notices described in s. 103(b) of that act. | 
| 997 | Section 31.  Section 709.2402, Florida Statutes, is created | 
| 998 | to read: | 
| 999 | 709.2402  Effect on existing powers of attorney.-Except as | 
| 1000 | otherwise provided in this part: | 
| 1001 | (1)  This part applies to a power of attorney created | 
| 1002 | before, on, or after October 1, 2011, and to acts of the agent | 
| 1003 | occurring on or after that date. | 
| 1004 | (2)  An act of the agent occurring before October 1, 2011, | 
| 1005 | is not affected by this part. | 
| 1006 | Section 32.  Subsection (5) of section 736.0602, Florida | 
| 1007 | Statutes, is amended to read: | 
| 1008 | 736.0602  Revocation or amendment of revocable trust.- | 
| 1009 | (5)  A settlor's powers with respect to revocation, | 
| 1010 | amendment, or distribution of trust property may be exercised by | 
| 1011 | an agent under a power of attorney only as authorized by s. | 
| 1012 | 709.2206 709.08. | 
| 1013 | Section 33.  Sections 709.01, 709.015, 709.08, and 709.11 | 
| 1014 | Florida Statutes, are repealed. | 
| 1015 | Section 34.  This act shall take effect October 1, 2011. |