Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 588
       
       
       
       
       
       
                                Ì809956YÎ809956                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2014           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       
    1         Senate Amendment 
    2  
    3         Delete lines 144 - 178
    4  and insert:
    5  lacks the capacity to consent; or
    6         (c) Breach of a fiduciary duty to an elderly person or
    7  disabled adult by the person’s guardian, trustee who is an
    8  individual, or agent under a power of attorney which results in
    9  an unauthorized appropriation, sale, or transfer of property. An
   10  unauthorized appropriation under this paragraph occurs when the
   11  elderly person or disabled adult does not receive the reasonably
   12  equivalent financial value in goods or services, or when the
   13  fiduciary violates any of these duties:
   14         1. For agents appointed under chapter 709:
   15         a. Committing fraud in obtaining their appointments;
   16         b. Abusing their powers;
   17         c. Wasting, embezzling, or intentionally mismanaging the
   18  assets of the principal or beneficiary; or
   19         d. Acting contrary to the principal’s sole benefit or best
   20  interest; or
   21         2. For guardians and trustees who are individuals and who
   22  are appointed under chapter 736 or chapter 744:
   23         a. Committing fraud in obtaining their appointments;
   24         b. Abusing their powers; or
   25         c. Wasting, embezzling, or intentionally mismanaging the
   26  assets of the ward or beneficiary of the trust;
   27         (d) Misappropriating, misusing, or transferring without
   28  authorization money belonging to an elderly person or disabled
   29  adult from an account in which the elderly person or disabled
   30  adult placed the funds, owned the funds, and was the sole
   31  contributor or payee of the funds before the misappropriation,
   32  misuse, or unauthorized transfer. This paragraph only applies to
   33  the following types of accounts:
   34         1. Personal accounts;
   35         2. Joint accounts created with the intent that only the
   36  elderly person or disabled adult enjoys all rights, interests,
   37  and claims to moneys deposited into such account; or
   38         3. Convenience accounts created in accordance with s.
   39  655.80; or