CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 832
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Saunders moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 35, between lines 11 and 12,
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17 Section 34. Section 744.534, Florida Statutes, is
18 amended to read:
19 744.534 Disposition of unclaimed funds held by
20 guardian.--
21 (1) In all cases in which it is appropriate for the
22 guardianship to terminate due to the ward's death and in which
23 property in the hands of the guardian cannot be distributed
24 because no estate proceeding has been instituted, the guardian
25 of the property shall be considered an interested person
26 pursuant to s. 733.202 and may, after a reasonable time,
27 institute such a proceeding. In the alternative, the guardian
28 may follow the procedures set forth in subsection (2).
29 (2)(a) In those cases in which it is appropriate for
30 the guardianship to terminate pursuant to s. 744.521 and in
31 which property in the hands of a guardian cannot be
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 832
Amendment No.
1 distributed to the ward or the ward's estate solely because
2 the guardian is unable to locate the ward through diligent
3 search, the court shall order the guardian of the property to
4 sell the property of the ward and deposit the proceeds and
5 cash already on hand after retaining those amounts provided
6 for in paragraph (e) with the clerk of the court exercising
7 jurisdiction over the guardianship and receive a receipt. The
8 clerk shall deposit the funds in the registry of the court, to
9 be disposed of as follows:
10 1. If the value of the funds is $500 $50 or less, the
11 clerk shall post a notice for 30 days at the courthouse door
12 giving the amount involved, the name of the ward, and other
13 pertinent information that will put interested persons on
14 notice.
15 2. If the value of the funds is over $500 $50, the
16 clerk shall publish the notice once a month for 2 consecutive
17 months in a newspaper of general circulation in the county.
18 3. After the expiration of 6 months from the posting
19 or first publication, the clerk shall deposit the funds with
20 the State Treasurer after deducting his or her fees and the
21 costs of publication.
22 (b) Upon receipt of the funds, the State Treasurer
23 shall deposit them to the credit of public guardianship. All
24 interest and all income that may accrue from the money while
25 so deposited shall belong to the fund. The funds so deposited
26 shall constitute and be a permanent appropriation for payments
27 by the State Treasurer in obedience to court orders entered as
28 provided by paragraph (c).
29 (c) Within 10 years from the date of deposit with the
30 State Treasurer, on written petition to the court that
31 directed the deposit of the funds and informal notice to the
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 832
Amendment No.
1 Department of Legal Affairs, and after proof of his or her
2 right to them, any person entitled to the funds, before or
3 after payment to the State Treasurer and deposit as provided
4 for in paragraph (a), may obtain a court order directing the
5 payment of the funds to him or her. All funds deposited with
6 the State Treasurer and not claimed within 10 years from the
7 date of deposit shall escheat to the state to be deposited in
8 the Department of Elderly Affairs Administrative Trust Fund
9 for the benefit of the Statewide Public Guardianship Office
10 public guardianship.
11 (d) Upon depositing the funds with the clerk, the
12 guardian of the property may proceed with the filing of his or
13 her final return and application for discharge under s.
14 744.527.
15 (e) The guardian depositing assets with the clerk is
16 permitted to retain from the funds in his or her possession a
17 sufficient amount to pay the final costs of administration,
18 including guardian and attorney's fees accruing between the
19 deposit of the funds with the clerk of the court and the order
20 of discharge. Any surplus funds so retained must be deposited
21 with the clerk prior to discharge of the guardian of the
22 property.
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24 (Redesignate subsequent sections.)
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27 ================ T I T L E A M E N D M E N T ===============
28 And the title is amended as follows:
29 On page 3, line 6, after the semicolon
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31 insert:
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 832
Amendment No.
1 amending s. 744.534, F.S.; increasing the
2 threshold value of such funds for which
3 publication of a notice of disposition is
4 required; providing for the disposition of
5 funds that escheat to the state;
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