Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 380
       
       
       
       
       
       
                                Ì543042rÎ543042                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/20/2020           .                                
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       The Committee on Judiciary (Baxley) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 97 - 268
    4  and insert:
    5         4.A financial institution from disclosing the existence of
    6  and amounts on deposit in any individual account of a decedent
    7  to a petitioner that filed with the court a petition pursuant to
    8  s. 734.1025 or s. 735.203, or to an affiant that filed with the
    9  court an affidavit for disposition without administration
   10  pursuant to s. 735.301 or s. 735.304.
   11         Section 2. Section 735.303, Florida Statutes, is created to
   12  read:
   13         735.303Payment to successor without court proceedings.—
   14         (1)As used in this section, the term:
   15         (a)“Family member” means:
   16         1.The surviving spouse of the decedent;
   17         2.An adult child of the decedent if the decedent left no
   18  surviving spouse;
   19         3.An adult descendant of the decedent if the decedent
   20  left no surviving spouse and no surviving adult child; or
   21         4.A parent of the decedent if the decedent left no
   22  surviving spouse, no surviving adult child, and no surviving
   23  adult descendant.
   24         (b)“Qualified account” means a depository account or
   25  certificate of deposit held by a financial institution in the
   26  sole name of the decedent without a pay-on-death or any other
   27  survivor designation.
   28         (2)A financial institution in this state may pay to the
   29  family member of a decedent, without any court proceeding,
   30  order, or judgment, the funds on deposit in all qualified
   31  accounts of the decedent at the financial institution if the
   32  total amount of the combined funds in the qualified accounts at
   33  the financial institution does not exceed an aggregate total of
   34  $1,000. The financial institution may not make such payment
   35  earlier than 6 months after the date of the decedent’s death.
   36         (3)In order to receive the funds described in subsection
   37  (2), the family member must provide to the financial institution
   38  a certified copy of the decedent’s death certificate and a sworn
   39  affidavit that includes all of the following:
   40         (a)A statement attesting that the affiant is the surviving
   41  spouse, adult child, adult descendant, or parent of the
   42  decedent.
   43         1.If the affiant is an adult child of the decedent, the
   44  affidavit must attest that the decedent left no surviving
   45  spouse.
   46         2.If the affiant is an adult descendant of the decedent,
   47  the affidavit must attest that the decedent left no surviving
   48  spouse and no surviving adult child.
   49         3.If the affiant is a parent of the decedent, the
   50  affidavit must attest that the decedent left no surviving
   51  spouse, no surviving adult child, and no surviving adult
   52  descendant.
   53         (b)The date of death and the address of the decedent’s
   54  last residence.
   55         (c)A statement attesting that the total amount in all
   56  qualified accounts held by the decedent in all financial
   57  institutions known to the affiant does not exceed an aggregate
   58  total of $1,000.
   59         (d)A statement acknowledging that a personal
   60  representative has not been appointed to administer the
   61  decedent’s estate and attesting that no probate proceeding or
   62  summary administration procedure has been commenced with respect
   63  to the estate.
   64         (e)A statement acknowledging that the affiant has no
   65  knowledge of the existence of any last will and testament or
   66  other document or agreement relating to the distribution of the
   67  decedent’s estate.
   68         (f)A statement acknowledging that the payment of the funds
   69  constitutes a full release and discharge of the financial
   70  institution’s obligation regarding the amount paid.
   71         (g)A statement acknowledging that the affiant understands
   72  that he or she is personally liable to the creditors of the
   73  decedent and other persons rightfully entitled to the funds
   74  under the Florida Probate Code, to the extent the amount paid
   75  exceeds the amount properly attributable to the affiant’s share.
   76         (h)A statement acknowledging that the affiant understands
   77  that making a false statement in the affidavit may be punishable
   78  as a criminal offense.
   79         (4)The family member may use an affidavit in substantially
   80  the following form to fulfill the requirements of subsection
   81  (3):
   82  
   83    AFFIDAVIT UNDER SECTION 735.303, FLORIDA STATUTES, TO OBTAIN   
   84        BANK PROPERTY OF DECEASED ACCOUNT HOLDER: ...(Name of      
   85                            decedent)...                           
   86  State of ....
   87  County of ....
   88  
   89  Before the undersigned authority personally appeared ...(name of
   90  affiant)..., of ...(residential address of affiant)..., who has
   91  been sworn and says the following statements are true:
   92         (a)The affiant is (initial one of the following
   93  responses):
   94         .... The surviving spouse of the decedent.
   95         .... A surviving adult child of the decedent, and the
   96  decedent left no surviving spouse.
   97         .... A surviving adult descendant of the decedent, and the
   98  decedent left no surviving spouse and no surviving adult child.
   99         .... A surviving parent of the decedent, and the decedent
  100  left no surviving spouse, no surviving adult child, and no
  101  surviving adult descendant.
  102         (b)As shown in the certified death certificate, the date
  103  of death of the decedent was ...(date of death)..., and the
  104  address of the decedent’s last residence was ...(address of last
  105  residence)....
  106         (c)The affiant is entitled to payment of the funds in the
  107  decedent’s depository accounts and certificates of deposit held
  108  by the financial institution ...(name of financial
  109  institution).... The total amount in all qualified accounts held
  110  by the decedent in all financial institutions known to the
  111  affiant does not exceed an aggregate total of $1,000. The
  112  affiant requests full payment from the financial institution.
  113         (d)A personal representative has not been appointed to
  114  administer the decedent’s estate and no probate proceeding or
  115  summary administration procedure has been commenced with respect
  116  to the estate.
  117         (e)The affiant has no knowledge of any last will and
  118  testament or other document or agreement relating to the
  119  distribution of the decedent’s estate.
  120         (f)The payment of the funds constitutes a full release and
  121  discharge of the financial institution regarding the amount
  122  paid.
  123         (g)The affiant understands that he or she is personally
  124  liable to the creditors of the decedent and other persons
  125  rightfully entitled to the funds under the Florida Probate Code,
  126  to the extent the amount paid exceeds the amount properly
  127  attributable to the affiant’s share.
  128         (h)The affiant understands that making a false statement
  129  in this affidavit may be punishable as a criminal offense.
  130  
  131  By ...(signature of Affiant)...
  132  
  133         Sworn to and subscribed before me this .... day of
  134         .... by ...(name of Affiant)..., who is personally
  135         known to me or produced .... as identification, and
  136         did take an oath.
  137  
  138         ...(Signature of Notary Public - State of Florida)...
  139         ...(Print, Type, or Stamp Commissioned Name of Notary
  140  Public)...
  141         My commission expires: ...(date of expiration of
  142  commission)...
  143         (5)The financial institution is not required to determine
  144  whether the contents of the sworn affidavit are truthful. The
  145  payment of the funds by the financial institution to the affiant
  146  constitutes the financial institution’s full release and
  147  discharge regarding the amount paid. A person does not have a
  148  right or cause of action against the financial institution for
  149  taking an action, or for failing to take an action, in
  150  connection with the affidavit or the payment of the funds.
  151         (6)The family member who withdraws the funds under this
  152  section is personally liable to the creditors of the decedent
  153  and any other person rightfully entitled to the funds under the
  154  Florida Probate Code to the extent the amount paid exceeds the
  155  amount properly attributable to the family member’s share.
  156         (7)The financial institution shall maintain a copy or an
  157  image of the affidavit in accordance with its customary
  158  retention policies. If a surviving spouse or descendant of the
  159  decedent requests a copy of the affidavit during such time, the
  160  financial institution may provide a copy of the affidavit to the
  161  requesting surviving spouse or descendant of the decedent.
  162         (8)In addition to any other penalty provided by law, a
  163  person who knowingly makes a false statement in a sworn
  164  affidavit given to a financial institution to receive a
  165  decedent’s funds under this section commits theft, punishable as
  166  provided in s. 812.014.
  167         Section 3. Section 735.304, Florida Statutes, is created to
  168  read:
  169         735.304Disposition without administration of intestate
  170  property in small estates.—
  171         (1)No administration shall be required or formal
  172  proceedings instituted upon the estate of a decedent who has
  173  died intestate leaving only personal property exempt under the
  174  provisions of s. 732.402, personal property exempt from the
  175  claims of creditors under the State Constitution, and nonexempt
  176  personal property the value of which does not exceed the sum of
  177  $10,000 and the amount of preferred funeral expenses and
  178  reasonable and necessary medical and hospital expenses of the
  179  last 60 days of the last illness, provided the decedent has been
  180  deceased for more than 1 year and no administration of the
  181  decedent’s estate is pending in this state.