Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 380
Ì190298MÎ190298
LEGISLATIVE ACTION
Senate . House
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The Committee on Banking and Insurance (Baxley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (b) of subsection (2) of section
6 655.059, Florida Statutes, is amended to read:
7 655.059 Access to books and records; confidentiality;
8 penalty for disclosure.—
9 (2)
10 (b) The books and records pertaining to trust accounts and
11 the deposit accounts and loans of depositors, borrowers,
12 members, and stockholders of any financial institution shall be
13 kept confidential by the financial institution and its
14 directors, officers, and employees and may not be released
15 except upon express authorization of the account holder as to
16 her or his own accounts, loans, or voting rights. However,
17 information relating to any loan made by a financial institution
18 may be released without the borrower’s authorization in a manner
19 prescribed by the board of directors for the purpose of meeting
20 the needs of commerce and for fair and accurate credit
21 information. Information may also be released, without the
22 authorization of a member or depositor but in a manner
23 prescribed by the board of directors, to verify or corroborate
24 the existence or amount of a customer’s or member’s account when
25 such information is reasonably provided to meet the needs of
26 commerce and to ensure accurate credit information. In addition,
27 a financial institution, affiliate, and its subsidiaries, and
28 any holding company of the financial institution or subsidiary
29 of such holding company, may furnish to one another information
30 relating to their customers or members, subject to the
31 requirement that each corporation receiving information that is
32 confidential maintain the confidentiality of such information
33 and not provide or disclose such information to any unaffiliated
34 person or entity. Notwithstanding this paragraph, this
35 subsection does not prohibit:
36 1. A financial institution from disclosing financial
37 information as referenced in this subsection as authorized by
38 Pub. L. No. 106-102 (1999), as set forth in 15 U.S.C. s. 6802
39 (2010) U.S.C.A. s. 6802, as amended.
40 2. The Florida office of the international banking
41 corporation or international trust entity from sharing books and
42 records under this subsection with the home-country supervisor
43 in accordance with subsection (1).
44 3. A financial institution from disclosing the existence of
45 and amounts on deposit in any qualified account of a decedent
46 pursuant to s. 735.303 and from providing a copy of any
47 affidavit delivered to the financial institution pursuant
48 thereto, to a person authorized to receive such information
49 under s. 735.303.
50 Section 2. Section 735.303, Florida Statutes, is created to
51 read:
52 735.303 Payment to successor without court proceedings.—
53 (1) As used in this section, the term:
54 (a) “Family member” means:
55 1. The surviving spouse of the decedent;
56 2. An adult child of the decedent if the decedent left no
57 surviving spouse;
58 3. An adult descendant of the decedent if the decedent
59 left no surviving spouse and no surviving adult child; or
60 4. A parent of the decedent if the decedent left no
61 surviving spouse, no surviving adult child, and no surviving
62 adult descendant.
63 (b) “Qualified account” means a depository account or
64 certificate of deposit held by a financial institution in the
65 sole name of the decedent without a pay-on-death or any other
66 survivor designation.
67 (2) A financial institution in this state may pay to the
68 family member of a decedent, without any court proceeding,
69 order, or judgment, the funds on deposit in all qualified
70 accounts of the decedent at the financial institution if the
71 total amount of the combined funds in the qualified accounts at
72 the financial institution does not exceed an aggregate total of
73 $1,000. The financial institution may not make such payment
74 earlier than 6 months after the date of the decedent’s death.
75 (3) In order to receive the funds described in subsection
76 (2), the family member must provide the financial institution
77 with a certified copy of the decedent’s death certificate and a
78 sworn affidavit that includes all of the following:
79 (a) A statement attesting that the affiant is the surviving
80 spouse, adult child, adult descendant, or parent of the
81 decedent.
82 1. If the affiant is an adult child of the decedent, the
83 affidavit must attest that the decedent left no surviving
84 spouse.
85 2. If the affiant is an adult descendant of the decedent,
86 the affidavit must attest that the decedent left no surviving
87 spouse and no surviving adult child.
88 3. If the affiant is a parent of the decedent, the
89 affidavit must attest that the decedent left no surviving
90 spouse, no surviving adult child, and no surviving adult
91 descendant.
92 (b) The date of death and the address of the decedent’s
93 last residence.
94 (c) A statement attesting that the total amount in all
95 qualified accounts held by the decedent in all financial
96 institutions known to the affiant does not exceed an aggregate
97 total of $1,000.
98 (d) A statement acknowledging that a personal
99 representative has not been appointed to administer the
100 decedent’s estate and attesting that no probate proceeding or
101 summary administration procedure has been commenced with respect
102 to the estate.
103 (e) A statement acknowledging that the affiant has no
104 knowledge of the existence of any last will and testament or
105 other document or agreement relating to the distribution of the
106 decedent’s estate.
107 (f) A statement acknowledging that the payment of the funds
108 constitutes a full release and discharge of the financial
109 institution’s obligation regarding the amount paid.
110 (g) A statement acknowledging that the affiant understands
111 that he or she is personally liable to the creditors of the
112 decedent and other persons rightfully entitled to the funds
113 under the Florida Probate Code, to the extent the amount paid
114 exceeds the amount properly attributable to the affiant’s share.
115 (h) A statement acknowledging that the affiant understands
116 that making a false statement in the affidavit may be punishable
117 as a criminal offense.
118 (4) The family member may use an affidavit in substantially
119 the following form to fulfill the requirements of subsection
120 (3):
121
122 AFFIDAVIT UNDER SECTION 735.303, FLORIDA STATUTES, TO OBTAIN
123 BANK PROPERTY OF DECEASED ACCOUNT HOLDER: ...(Name of
124 decedent)...
125 State of ....
126 County of ....
127
128 Before the undersigned authority personally appeared ...(name of
129 affiant)..., of ...(residential address of affiant)..., who has
130 been sworn and says the following statements are true:
131 (a) The affiant is (initial one of the following
132 responses):
133 .... The surviving spouse of the decedent.
134 .... A surviving adult child of the decedent, and the
135 decedent left no surviving spouse.
136 .... A surviving adult descendant of the decedent, and the
137 decedent left no surviving spouse and no surviving adult child.
138 .... A surviving parent of the decedent, and the decedent
139 left no surviving spouse, no surviving adult child, and no
140 surviving adult descendant.
141 (b) As shown in the certified death certificate, the date
142 of death of the decedent was ...(date of death)..., and the
143 address of the decedent’s last residence was ...(address of last
144 residence)....
145 (c) The affiant is entitled to payment of the funds in the
146 decedent’s depository accounts and certificates of deposit held
147 by the financial institution ...(name of financial
148 institution).... The total amount in all qualified accounts held
149 by the decedent in all financial institutions known to the
150 affiant does not exceed an aggregate total of $1,000. The
151 affiant requests full payment from the financial institution.
152 (d) A personal representative has not been appointed to
153 administer the decedent’s estate and no probate proceeding or
154 summary administration procedure has been commenced with respect
155 to the estate.
156 (e) The affiant has no knowledge of any last will and
157 testament or other document or agreement relating to the
158 distribution of the decedent’s estate.
159 (f) The payment of the funds constitutes a full release and
160 discharge of the financial institution regarding the amount
161 paid.
162 (g) The affiant understands that he or she is personally
163 liable to the creditors of the decedent and other persons
164 rightfully entitled to the funds under the Florida Probate Code,
165 to the extent the amount paid exceeds the amount properly
166 attributable to the affiant’s share.
167 (h) The affiant understands that making a false statement
168 in this affidavit may be punishable as a criminal offense.
169
170 By ...(signature of Affiant)...
171
172 Sworn to and subscribed before me this .... day of
173 .... by ...(name of Affiant)..., who is personally
174 known to me or produced .... as identification, and
175 did take an oath.
176
177 ...(Signature of Notary Public - State of Florida)...
178 ...(Print, Type, or Stamp Commissioned Name of Notary
179 Public)...
180 My commission expires: ...(date of expiration of
181 commission)...
182 (5) The financial institution is not required to determine
183 whether the contents of the sworn affidavit are truthful. The
184 payment of the funds by the financial institution to the affiant
185 constitutes the financial institution’s full release and
186 discharge regarding the amount paid. A person does not have a
187 right or cause of action against the financial institution for
188 taking an action, or for failing to take an action, in
189 connection with the affidavit or the payment of the funds.
190 (6) The family member who withdraws the funds under this
191 section is personally liable to the creditors of the decedent
192 and any other person rightfully entitled to the funds under the
193 Florida Probate Code to the extent the amount paid exceeds the
194 amount properly attributable to the family member’s share.
195 (7) The financial institution shall maintain a copy or an
196 image of the affidavit in accordance with its customary
197 retention policies. If a surviving spouse or descendant of the
198 decedent requests a copy of the affidavit during such time, the
199 financial institution may provide a copy of the affidavit to the
200 requesting surviving spouse or descendant of the decedent.
201 (8) In addition to any other penalty provided by law, a
202 person who knowingly makes a false statement in a sworn
203 affidavit given to a financial institution to receive a
204 decedent’s funds under this section commits theft, punishable as
205 provided in s. 812.014.
206 Section 3. Section 735.304, Florida Statutes, is created to
207 read:
208 735.304 Disposition without administration of intestate
209 property in small estates.—
210 (1) No administration shall be required or formal
211 proceedings instituted upon the estate of a decedent who has
212 died intestate leaving only personal property exempt under the
213 provisions of s. 732.402, personal property exempt from the
214 claims of creditors under the State Constitution, and nonexempt
215 personal property the value of which does not exceed the sum of
216 $10,000 and the amount of preferred funeral expenses and
217 reasonable and necessary medical and hospital expenses of the
218 last 60 days of the last illness, provided the decedent has been
219 deceased for more than 1 year and no administration of the
220 decedent’s estate is pending in this state or has been
221 previously granted.
222 (2) Any heir at law of the decedent entitled to a share of
223 the intestate estate pursuant to s. 732.102 or s. 732.103 may by
224 affidavit request distribution of assets of the decedent through
225 informal application under this section. The affidavit must be
226 signed and verified by the surviving spouse, if any, and any
227 heirs at law, except that joinder in the affidavit is not
228 required of an heir who will receive a full intestate share
229 under the proposed distribution of the personal property. Before
230 the filing of the affidavit, the affiant must make a diligent
231 search and reasonable inquiry for any known or reasonably
232 ascertainable creditors, and the proposed distribution must make
233 provision for payment of those creditors to the extent that
234 assets are available or the creditors must consent to the
235 proposed distribution. The affidavit must be served in the
236 manner of formal notice upon all heirs at law who have not
237 joined in the affidavit; upon all known or reasonably
238 ascertainable creditors of the decedent; and, if the decedent at
239 the time of death was over the age of 55 years of age, upon the
240 Agency for Health Care Administration.
241 (3) If the court is satisfied that subsection (1) is
242 applicable and the affidavit filed by the heir at law meets the
243 requirements of subsection (2), the court, by letter or other
244 writing under the seal of the court, may authorize the payment,
245 transfer, disposition, delivery, or assignment of the tangible
246 or intangible personal property to those persons entitled.
247 (a) Any individual, corporation, or other person paying,
248 transferring, delivering, or assigning personal property under
249 the authorization shall be forever discharged from liability
250 thereon.
251 (b) Bona fide purchasers for value from those to whom
252 personal property of the decedent has been paid, transferred,
253 delivered, or assigned shall take the property free of all
254 claims of creditors of the decedent and all rights of the
255 surviving spouse and all other beneficiaries or heirs at law of
256 the decedent.
257 (c) Personal property of the decedent that is not exempt
258 from claims of creditors and that remains in the possession of
259 those to whom it has been paid, delivered, transferred, or
260 assigned shall continue to be liable for claims against the
261 decedent until barred as provided in the Florida Probate Code.
262 Any known or reasonably ascertainable creditor who did not
263 consent to the proposed distribution and for whom provision for
264 payment was not made may enforce the claim and, if the creditor
265 prevails, shall be awarded costs, including reasonable attorney
266 fees, against those who joined in the affidavit.
267 (d) Recipients of the decedent’s personal property under
268 this section shall be personally liable for a pro rata share of
269 all lawful claims against the estate of the decedent, but only
270 to the extent of the value on the date of distribution of the
271 personal property actually received by each recipient, exclusive
272 of the property exempt from claims of creditors under the State
273 Constitution and Florida Statutes.
274 (e) Except as otherwise provided in s. 733.710, after 2
275 years from the death of the decedent, neither the decedent’s
276 estate nor those to whom it may be distributed shall be liable
277 for any claim against the decedent, unless within that time
278 proceedings have been taken for the enforcement of the claim.
279 (f) Any heir or devisee of the decedent who was lawfully
280 entitled to share in the estate but who was not included in the
281 distribution under this section may enforce all rights in
282 appropriate proceedings against those who signed the affidavit
283 or received distribution of personal property and, if
284 successful, shall be awarded costs including reasonable attorney
285 fees as in chancery actions.
286 Section 4. This act shall take effect July 1, 2020.
287
288 ================= T I T L E A M E N D M E N T ================
289 And the title is amended as follows:
290 Delete everything before the enacting clause
291 and insert:
292 A bill to be entitled
293 An act relating to the disposition of personal
294 property; amending s. 655.059, F.S.; specifying that a
295 financial institution is not prohibited from
296 disclosing specified information and providing copies
297 of specified affidavits to certain persons relating to
298 deceased account holders; creating s. 735.303, F.S.;
299 providing definitions; authorizing a financial
300 institution to pay funds on deposit in certain
301 accounts to a specified family member of a decedent
302 without any court proceeding, order, or judgment under
303 certain circumstances; requiring the family member to
304 provide the financial institution a certified copy of
305 the decedent’s death certificate and a specified
306 affidavit in order to receive the funds; providing an
307 affidavit form that the family member may use;
308 providing that the financial institution has no duty
309 to make certain determinations; specifying that a
310 person does not have a right or cause of action
311 against a financial institution for certain actions or
312 for failing to take certain actions; providing
313 liability for the family member who withdraws funds;
314 requiring a financial institution to maintain a copy
315 or image of the affidavit for a specified time;
316 authorizing the financial institution to provide
317 copies of the affidavit to certain persons; providing
318 a criminal penalty; creating s. 735.304, F.S.;
319 providing that estates of certain decedents are not
320 subject to probate administration if certain
321 conditions are met; providing that specified persons
322 may request distribution of a decedent’s assets by
323 affidavit filed with a court under certain
324 circumstances; providing requirements for content of
325 the affidavit and service of the affidavit on
326 specified persons; requiring certain actions relating
327 to the decedent’s creditors; authorizing the court to
328 approve the affidavit and payment of personal property
329 under certain circumstances; providing that bona fide
330 purchasers of personal property take the property free
331 of certain claims and rights; providing for liability
332 against certain personal property for a specified
333 time; providing for liability of recipients of the
334 decedent’s personal property under certain
335 circumstances; providing a limitation on liability of
336 the decedent’s estate and recipients of the estate
337 under certain circumstances; providing for the award
338 of costs and reasonable attorney fees under certain
339 circumstances; providing an effective date.