| 1 | A bill to be entitled | 
| 2 | An act relating to disclaimers of property interests; | 
| 3 | creating the Florida Uniform Disclaimer of Property | 
| 4 | Interests Act; creating s. 739.101, F.S.; providing a | 
| 5 | short title; creating s. 739.102, F.S.; defining terms; | 
| 6 | creating s. 739.103, F.S.; providing the scope of the act; | 
| 7 | creating s. 739.104, F.S.; prescribing general provisions | 
| 8 | relating to persons' powers to disclaim an interest in or | 
| 9 | power over property; creating s. 739.201, F.S.; | 
| 10 | prescribing rules applicable to a disclaimer of an | 
| 11 | interest in property; creating s. 739.202, F.S.; | 
| 12 | prescribing rules applicable to a disclaimer of rights of | 
| 13 | survivorship in jointly held property; creating s. | 
| 14 | 739.203, F.S.; prescribing rules applicable to a | 
| 15 | disclaimer of interests in property held as tenancy by the | 
| 16 | entirety; creating s. 739.204, F.S.; prescribing the | 
| 17 | effect of a disclaimer of interest by a trustee; creating | 
| 18 | s. 739.205, F.S.; prescribing rules with respect to a | 
| 19 | disclaimer of the power of appointment or other power not | 
| 20 | held in a fiduciary capacity; creating s. 739.206, F.S.; | 
| 21 | prescribing rules with respect to a disclaimer by the | 
| 22 | appointee, object, or taker in default of the exercise of | 
| 23 | power of appointment; creating s. 739.207, F.S.; | 
| 24 | prescribing rules with respect to the disclaimer of power | 
| 25 | held in a fiduciary capacity; creating s. 739.301, F.S.; | 
| 26 | providing guidelines for delivering or filing a | 
| 27 | disclaimer; creating s. 739.401, F.S.; providing when a | 
| 28 | disclaimer is permitted; creating s. 739.402, F.S.; | 
| 29 | providing when a disclaimer is barred or limited; creating | 
| 30 | s. 739.501, F.S.; prescribing the effect of a tax- | 
| 31 | qualified disclaimer; creating s. 739.601, F.S.; providing | 
| 32 | for recording a disclaimer relating to real estate; | 
| 33 | creating s. 739.701, F.S.; prescribing the application to | 
| 34 | existing relationships; amending s. 731.201, F.S.; | 
| 35 | providing applicability of certain definitions to the act; | 
| 36 | amending ss. 121.091 and 710.121, F.S., to conform; | 
| 37 | repealing s. 689.21, F.S., relating to disclaimer of | 
| 38 | interests in property passing under certain | 
| 39 | nontestamentary instruments or under certain powers of | 
| 40 | appointment; repealing s. 732.801, F.S., relating to | 
| 41 | disclaimer of interests in property passing by will or | 
| 42 | intestate succession or under certain powers of | 
| 43 | appointment; providing an effective date. | 
| 44 | 
 | 
| 45 | Be It Enacted by the Legislature of the State of Florida: | 
| 46 | 
 | 
| 47 | Section 1.  Chapter 739, Florida Statutes, consisting of | 
| 48 | sections 739.101, 739.102, 739.103, 739.104, 739.201, 739.202, | 
| 49 | 739.203, 739.204, 739.205, 739.206, 739.207, 739.301, 739.401, | 
| 50 | 739.402, 739.501, 739.601, and 739.701, Florida Statutes, is | 
| 51 | created to read: | 
| 52 | 739.101  Short title.--This chapter may be cited as the | 
| 53 | "Florida Uniform Disclaimer of Property Interests Act." | 
| 54 | 739.102  Definitions.--As used in this chapter, the term: | 
| 55 | (1)  "Benefactor" means the creator of the interest that is | 
| 56 | subject to a disclaimer. | 
| 57 | (2)  "Beneficiary designation" means an instrument, other | 
| 58 | than an instrument creating or amending a trust, naming the | 
| 59 | beneficiary of: | 
| 60 | (a)  An annuity or insurance policy; | 
| 61 | (b)  An account with a designation for payment on death; | 
| 62 | (c)  A security registered in beneficiary form; | 
| 63 | (d)  A pension, profit-sharing, retirement, or other | 
| 64 | employment-related benefit plan; or | 
| 65 | (e)  Any other nonprobate transfer at death. | 
| 66 | (3)  "Disclaimant" means the person to whom a disclaimed | 
| 67 | interest or power would have passed had the disclaimer not been | 
| 68 | made. | 
| 69 | (4)  "Disclaimed interest" means the interest that would | 
| 70 | have passed to the disclaimant had the disclaimer not been made. | 
| 71 | (5)  "Disclaimer" means the refusal to accept an interest | 
| 72 | in or power over property. The term includes a renunciation. | 
| 73 | (6)  "Fiduciary" means a personal representative, trustee, | 
| 74 | agent acting under a power of attorney, guardian, or other | 
| 75 | person authorized to act as a fiduciary with respect to the | 
| 76 | property of another person. | 
| 77 | (7)  "Future interest" means an interest that takes effect | 
| 78 | in possession or enjoyment, if at all, later than the time of | 
| 79 | its creation. | 
| 80 | (8)  "Insolvent" means that the sum of a person's debts is | 
| 81 | greater than all of the person's assets at fair valuation. A | 
| 82 | person is presumed to be "insolvent" if the person is generally | 
| 83 | not paying his or her debts as they become due. | 
| 84 | (9)  "Jointly held property" means property held in the | 
| 85 | names of two or more persons under an arrangement in which all | 
| 86 | holders have concurrent interests and under which the last | 
| 87 | surviving holder is entitled to the whole of the property. | 
| 88 | Jointly held property does not include property held as tenants | 
| 89 | by the entirety. | 
| 90 | (10)  "Person" includes individuals, ascertained and | 
| 91 | unascertained, living or not living, whether entitled to an | 
| 92 | interest by right of intestacy or otherwise; a government, | 
| 93 | governmental subdivision, agency, or instrumentality; and a | 
| 94 | public corporation. | 
| 95 | (11)  "Time of distribution" means the time when a | 
| 96 | disclaimed interest would have taken effect in possession or | 
| 97 | enjoyment. | 
| 98 | (12)  "Trust" means: | 
| 99 | (a)  An express trust, including an honorary trust or a | 
| 100 | trust under s. 737.116, charitable or noncharitable, with | 
| 101 | additions thereto, whenever and however created. | 
| 102 | (b)  A trust created pursuant to a law, judgment, or decree | 
| 103 | which requires the trust be administered in the manner of an | 
| 104 | express trust. | 
| 105 | 
 | 
| 106 | As used in this chapter, the term "trust" does not include a | 
| 107 | constructive trust or a resulting trust. | 
| 108 | 739.103  Scope.--This chapter applies to disclaimers of any | 
| 109 | interest in or power over property, whenever created. Except as | 
| 110 | provided in s. 739.701, this chapter is the exclusive means by | 
| 111 | which a disclaimer may be made under the laws of this state. | 
| 112 | 739.104  Power to disclaim; general requirements; when | 
| 113 | irrevocable.-- | 
| 114 | (1)  A person may disclaim, in whole or in part, | 
| 115 | conditionally or unconditionally, any interest in or power over | 
| 116 | property, including a power of appointment. A person may | 
| 117 | disclaim the interest or power even if its creator imposed a | 
| 118 | spendthrift provision or similar restriction on transfer or a | 
| 119 | restriction or limitation on the right to disclaim. A disclaimer | 
| 120 | shall be unconditional unless the disclaimant explicitly | 
| 121 | provides otherwise in the disclaimer. | 
| 122 | (2)  With court approval, a fiduciary may disclaim, in | 
| 123 | whole or part, any interest in or power over property, including | 
| 124 | a power of appointment. Without court approval, a fiduciary may | 
| 125 | disclaim, in whole or in part, any interest in or power over | 
| 126 | property, including a power of appointment, if and to the extent | 
| 127 | that the instrument creating the fiduciary relationship | 
| 128 | explicitly grants the fiduciary the right to disclaim. In the | 
| 129 | absence of a court-appointed guardian, notwithstanding anything | 
| 130 | in chapter 744 to the contrary, without court approval, a | 
| 131 | natural guardian under s. 744.301 may disclaim on behalf of a | 
| 132 | minor child of the natural guardian, in whole or in part, any | 
| 133 | interest in or power over property, including a power of | 
| 134 | appointment, which the minor child is to receive solely as a | 
| 135 | result of another disclaimer, but only if the disclaimed | 
| 136 | interest or power does not pass to or for the benefit of the | 
| 137 | natural guardian as a result of the disclaimer. | 
| 138 | (3)  To be effective, a disclaimer must be in writing, | 
| 139 | declare the writing as a disclaimer, describe the interest or | 
| 140 | power disclaimed, and be signed by the person making the | 
| 141 | disclaimer and witnessed and acknowledged in the manner provided | 
| 142 | for deeds of real estate to be recorded in this state. In | 
| 143 | addition, for a disclaimer to be effective, an original of the | 
| 144 | disclaimer must be delivered or filed in the manner provided in | 
| 145 | s. 739.301. | 
| 146 | (4)  A partial disclaimer may be expressed as a fraction, | 
| 147 | percentage, monetary amount, term of years, limitation of a | 
| 148 | power, or any other interest or estate in the property. | 
| 149 | (5)  A disclaimer becomes irrevocable when any conditions | 
| 150 | to which the disclaimant has made the disclaimer subject are | 
| 151 | satisfied and when the disclaimer is delivered or filed pursuant | 
| 152 | to s. 739.301 or it becomes effective as provided in ss. | 
| 153 | 739.201-739.207, whichever occurs later. | 
| 154 | (6)  A disclaimer made under this chapter is not a | 
| 155 | transfer, assignment, or release. | 
| 156 | 739.201  Disclaimer of interest in property.--Except for a | 
| 157 | disclaimer governed by s. 739.202, s. 739.203, or s. 739.204, | 
| 158 | the following rules apply to a disclaimer of an interest in | 
| 159 | property: | 
| 160 | (1)  The disclaimer takes effect as of the time the | 
| 161 | instrument creating the interest becomes irrevocable or, if the | 
| 162 | interest arose under the law of intestate succession, as of the | 
| 163 | time of the intestate's death. | 
| 164 | (2)  The disclaimed interest passes according to any | 
| 165 | provision in the instrument creating the interest providing | 
| 166 | explicitly for the disposition of the interest, should it be | 
| 167 | disclaimed, or of disclaimed interests in general. | 
| 168 | (3)  If the instrument does not contain a provision | 
| 169 | described in subsection (2), the following rules apply: | 
| 170 | (a)  If the disclaimant is an individual, the disclaimed | 
| 171 | interest passes as if the disclaimant has predeceased the | 
| 172 | benefactor, unless the disclaimed interest is a remainder | 
| 173 | contingent on surviving to the time of distribution, in which | 
| 174 | case the disclaimed interest passes as if the disclaimant had | 
| 175 | died immediately before the time for distribution. However, if, | 
| 176 | by law or under the instrument, the descendants of the | 
| 177 | disclaimant would share in the disclaimed interest by any method | 
| 178 | of representation had the disclaimant died before the time of | 
| 179 | distribution, the disclaimed interest passes only to the | 
| 180 | descendants of the disclaimant surviving at the time of | 
| 181 | distribution. | 
| 182 | (b)  If the disclaimant is not an individual, the | 
| 183 | disclaimed interest passes as if the disclaimant did not exist. | 
| 184 | (c)  Upon the disclaimer of a preceding interest, a future | 
| 185 | interest held by a person other than the disclaimant takes | 
| 186 | effect as if the disclaimant had died or ceased to exist | 
| 187 | immediately before the time of distribution, but a future | 
| 188 | interest held by the disclaimant is not accelerated in | 
| 189 | possession or enjoyment as a result of the disclaimer. | 
| 190 | 739.202  Disclaimer of rights of survivorship in jointly | 
| 191 | held property.-- | 
| 192 | (1)  Upon the death of a holder of jointly held property: | 
| 193 | (a)  If, during the deceased holder's lifetime, the | 
| 194 | deceased holder could have unilaterally regained a portion of | 
| 195 | the property attributable to the deceased holder's contributions | 
| 196 | without the consent of any other holder, another holder may | 
| 197 | disclaim, in whole or in part, a fractional share of that | 
| 198 | portion of the property attributable to the deceased holder's | 
| 199 | contributions determined by dividing the number one by the | 
| 200 | number of joint holders alive immediately after the death of the | 
| 201 | holder to whose death the disclaimer relates. | 
| 202 | (b)  For all other jointly held property, another holder | 
| 203 | may disclaim, in whole or in part, a fraction of the whole of | 
| 204 | the property the numerator of which is one and the denominator | 
| 205 | of which is the product of the number of joint holders alive | 
| 206 | immediately before the death of the holder to whose death the | 
| 207 | disclaimer relates multiplied by the number of joint holders | 
| 208 | alive immediately after the death of the holder to whose death | 
| 209 | the disclaimer relates. | 
| 210 | (2)  A disclaimer under subsection (1) takes effect as of | 
| 211 | the death of the holder of jointly held property to whose death | 
| 212 | the disclaimer relates. | 
| 213 | (3)  An interest in jointly held property disclaimed by a | 
| 214 | surviving holder of the property passes as if the disclaimant | 
| 215 | predeceased the holder to whose death the disclaimer relates. | 
| 216 | 739.203  Disclaimer of property held as tenancy by the | 
| 217 | entirety.-- | 
| 218 | (1)  The survivorship interest in property held as a | 
| 219 | tenancy by the entirety to which the survivor succeeds by | 
| 220 | operation of law upon the death of the co-tenant may be | 
| 221 | disclaimed as provided in this chapter. For purposes of this | 
| 222 | chapter only, the deceased tenant's interest in property held as | 
| 223 | a tenancy by the entirety shall be deemed to be an undivided | 
| 224 | one-half interest. | 
| 225 | (2)  A disclaimer under subsection (1) takes effect as of | 
| 226 | the death of the deceased tenant to whose death the disclaimer | 
| 227 | relates. | 
| 228 | (3)  The survivorship interest in property held as a | 
| 229 | tenancy by the entirety disclaimed by the surviving tenant | 
| 230 | passes as if the disclaimant had predeceased the tenant to whose | 
| 231 | death the disclaimer relates. | 
| 232 | (4)  A disclaimer of an interest in real property held as | 
| 233 | tenants by the entirety does not cause the disclaimed interest | 
| 234 | to be homestead property for purposes of descent and | 
| 235 | distribution under ss. 732.401 and 732.4015. | 
| 236 | 739.204  Disclaimer of interest by trustee.--If a trustee | 
| 237 | having the power to disclaim under the instrument creating the | 
| 238 | fiduciary relationship or pursuant to court order disclaims an | 
| 239 | interest in property that otherwise would have become trust | 
| 240 | property, the interest does not become trust property. | 
| 241 | 739.205  Disclaimer of power of appointment or other power | 
| 242 | not held in a fiduciary capacity.--If a holder disclaims a power | 
| 243 | of appointment or other power not held in a fiduciary capacity, | 
| 244 | the following rules apply: | 
| 245 | (1)  If the holder has not exercised the power, the | 
| 246 | disclaimer takes effect as of the time the instrument creating | 
| 247 | the power becomes irrevocable. | 
| 248 | (2)  If the holder has exercised the power and the | 
| 249 | disclaimer is of a power other than a presently exercisable | 
| 250 | general power of appointment, the disclaimer takes effect | 
| 251 | immediately after the last exercise of the power. | 
| 252 | (3)  The instrument creating the power is construed as if | 
| 253 | the power expired when the disclaimer became effective. | 
| 254 | 739.206  Disclaimer by appointee, object, or taker in | 
| 255 | default of exercise of power of appointment.-- | 
| 256 | (1)  A disclaimer of an interest in property by an | 
| 257 | appointee of a power of appointment takes effect as of the time | 
| 258 | the instrument by which the holder exercises the power becomes | 
| 259 | irrevocable. | 
| 260 | (2)  A disclaimer of an interest in property by an object, | 
| 261 | or taker in default of an exercise of a power of appointment, | 
| 262 | takes effect as of the time the instrument creating the power | 
| 263 | becomes irrevocable. | 
| 264 | 739.207  Disclaimer of power held in fiduciary capacity.-- | 
| 265 | (1)  If a fiduciary disclaims a power held in a fiduciary | 
| 266 | capacity which has not been exercised, the disclaimer takes | 
| 267 | effect as of the time the instrument creating the power becomes | 
| 268 | irrevocable. | 
| 269 | (2)  If a fiduciary disclaims a power held in a fiduciary | 
| 270 | capacity which has been exercised, the disclaimer takes effect | 
| 271 | immediately after the last exercise of the power. | 
| 272 | (3)  A disclaimer under this section is effective as to | 
| 273 | another fiduciary if the disclaimer so provides and the | 
| 274 | fiduciary disclaiming has the authority to bind the estate, | 
| 275 | trust, or other person for whom the fiduciary is acting. | 
| 276 | 739.301  Delivery or filing.-- | 
| 277 | (1)  Subject to subsections (2) through (12), delivery of a | 
| 278 | disclaimer may be effected by personal delivery, first-class | 
| 279 | mail, or any other method that results in its receipt. A | 
| 280 | disclaimer sent by first-class mail shall be deemed to have been | 
| 281 | delivered on the date it is postmarked. Delivery by any other | 
| 282 | method shall be effective upon receipt by the person to whom the | 
| 283 | disclaimer is to be delivered under this section. | 
| 284 | (2)  In the case of a disclaimer of an interest created | 
| 285 | under the law of intestate succession or an interest created by | 
| 286 | will, other than an interest in a testamentary trust: | 
| 287 | (a)  The disclaimer must be delivered to the personal | 
| 288 | representative of the decedent's estate; or | 
| 289 | (b)  If no personal representative is serving when the | 
| 290 | disclaimer is sought to be delivered, the disclaimer must be | 
| 291 | filed with the clerk of the court in any county where venue of | 
| 292 | administration would be proper. | 
| 293 | (3)  In the case of a disclaimer of an interest in a | 
| 294 | testamentary trust: | 
| 295 | (a)  The disclaimer must be delivered to the trustee | 
| 296 | serving when the disclaimer is delivered or, if no trustee is | 
| 297 | then serving, to the personal representative of the decedent's | 
| 298 | estate; or | 
| 299 | (b)  If no personal representative is serving when the | 
| 300 | disclaimer is sought to be delivered, the disclaimer must be | 
| 301 | filed with the clerk of the court in any county where venue of | 
| 302 | administration of the decedent's estate would be proper. | 
| 303 | (4)  In the case of a disclaimer of an interest in an inter | 
| 304 | vivos trust: | 
| 305 | (a)  The disclaimer must be delivered to the trustee | 
| 306 | serving when the disclaimer is delivered; | 
| 307 | (b)  If no trustee is then serving, it must be filed with | 
| 308 | the clerk of the court in any county where the filing of a | 
| 309 | notice of trust would be proper; or | 
| 310 | (c)  If the disclaimer is made before the time the | 
| 311 | instrument creating the trust becomes irrevocable, the | 
| 312 | disclaimer must be delivered to the grantor of the revocable | 
| 313 | trust or the transferor of the interest or to such person's | 
| 314 | legal representative. | 
| 315 | (5)  In the case of a disclaimer of an interest created by | 
| 316 | a beneficiary designation made before the time the designation | 
| 317 | becomes irrevocable, the disclaimer must be delivered to the | 
| 318 | person making the beneficiary designation or to such person's | 
| 319 | legal representative. | 
| 320 | (6)  In the case of a disclaimer of an interest created by | 
| 321 | a beneficiary designation made after the time the designation | 
| 322 | becomes irrevocable, the disclaimer must be delivered to the | 
| 323 | person obligated to distribute the interest. | 
| 324 | (7)  In the case of a disclaimer by a surviving holder of | 
| 325 | jointly held property, or by the surviving tenant in property | 
| 326 | held as a tenancy by the entirety, the disclaimer must be | 
| 327 | delivered to the person to whom the disclaimed interest passes | 
| 328 | or, if such person cannot reasonably be located by the | 
| 329 | disclaimant, the disclaimer must be delivered as provided in | 
| 330 | subsection (2). | 
| 331 | (8)  In the case of a disclaimer by an object, or taker in | 
| 332 | default of exercise, of a power of appointment at any time after | 
| 333 | the power was created: | 
| 334 | (a)  The disclaimer must be delivered to the holder of the | 
| 335 | power or to the fiduciary acting under the instrument that | 
| 336 | created the power; or | 
| 337 | (b)  If no fiduciary is serving when the disclaimer is | 
| 338 | sought to be delivered, the disclaimer must be filed with a | 
| 339 | court having authority to appoint the fiduciary. | 
| 340 | (9)  In the case of a disclaimer by an appointee of a | 
| 341 | nonfiduciary power of appointment: | 
| 342 | (a)  The disclaimer must be delivered to the holder, the | 
| 343 | personal representative of the holder's estate, or the fiduciary | 
| 344 | under the instrument that created the power; or | 
| 345 | (b)  If no fiduciary is serving when the disclaimer is | 
| 346 | sought to be delivered, the disclaimer must be filed with a | 
| 347 | court having authority to appoint the fiduciary. | 
| 348 | (10)  In the case of a disclaimer by a fiduciary of a power | 
| 349 | over a trust or estate, the disclaimer must be delivered as | 
| 350 | provided in subsection (2), subsection (3), or subsection (4) as | 
| 351 | if the power disclaimed were an interest in property. | 
| 352 | (11)  In the case of a disclaimer of a power exercisable by | 
| 353 | an agent, other than a power exercisable by a fiduciary over a | 
| 354 | trust or estate, the disclaimer must be delivered to the | 
| 355 | principal or the principal's representative. | 
| 356 | (12)  Notwithstanding subsection (1), delivery of a | 
| 357 | disclaimer of an interest in or relating to real estate shall be | 
| 358 | presumed upon the recording of the disclaimer in the office of | 
| 359 | the clerk of the court of the county or counties where the real | 
| 360 | estate is located. | 
| 361 | (13)  A fiduciary or other person having custody of the | 
| 362 | disclaimed interest is not liable for any otherwise proper | 
| 363 | distribution or other disposition made without actual notice of | 
| 364 | the disclaimer or, if the disclaimer is barred under s. 739.402, | 
| 365 | for any otherwise proper distribution or other disposition made | 
| 366 | in reliance on the disclaimer, if the distribution or | 
| 367 | disposition is made without actual knowledge of the facts | 
| 368 | constituting the bar of the right to disclaim. | 
| 369 | 739.401  When disclaimer is permitted.--A disclaimer may be | 
| 370 | made at any time unless barred under s. 739.402. | 
| 371 | 739.402  When disclaimer is barred or limited.-- | 
| 372 | (1)  A disclaimer is barred by a written waiver of the | 
| 373 | right to disclaim. | 
| 374 | (2)  A disclaimer of an interest in property is barred if | 
| 375 | any of the following events occurs before the disclaimer becomes | 
| 376 | effective: | 
| 377 | (a)  The disclaimer accepts the interest sought to be | 
| 378 | disclaimed; | 
| 379 | (b)  The disclaimant voluntarily assigns, conveys, | 
| 380 | encumbers, pledges, or transfers the interest sought to be | 
| 381 | disclaimed or contracts to do so; | 
| 382 | (c)  The interest sought to be disclaimed is sold pursuant | 
| 383 | to a judicial sale; or | 
| 384 | (d)  The disclaimant is insolvent when the disclaimer | 
| 385 | becomes irrevocable. | 
| 386 | (3)  A disclaimer, in whole or in part, of the future | 
| 387 | exercise of a power held in a fiduciary capacity is not barred | 
| 388 | by its previous exercise. | 
| 389 | (4)  A disclaimer, in whole or in part, of the future | 
| 390 | exercise of a power not held in a fiduciary capacity is not | 
| 391 | barred by its previous exercise unless the power is exercisable | 
| 392 | in favor of the disclaimant. | 
| 393 | (5)  A disclaimer of an interest in, or a power over, | 
| 394 | property which is barred by this section is ineffective. | 
| 395 | 739.501  Tax-qualified disclaimer.--Notwithstanding any | 
| 396 | other provision of this chapter, if, as a result of a disclaimer | 
| 397 | or transfer, the disclaimed or transferred interest is treated | 
| 398 | pursuant to the provisions of s. 2518 of the Internal Revenue | 
| 399 | Code of 1986 as never having been transferred to the | 
| 400 | disclaimant, the disclaimer or transfer is effective as a | 
| 401 | disclaimer under this chapter. | 
| 402 | 739.601  Recording of disclaimer relating to real estate.-- | 
| 403 | (1)  A disclaimer of an interest in or relating to real | 
| 404 | estate does not provide constructive notice to all persons | 
| 405 | unless the disclaimer contains a legal description of the real | 
| 406 | estate to which the disclaimer relates and unless the disclaimer | 
| 407 | is filed for recording in the office of the clerk of the court | 
| 408 | in the county or counties where the real estate is located. | 
| 409 | (2)  An effective disclaimer meeting the requirements of | 
| 410 | subsection (1) constitutes constructive notice to all persons | 
| 411 | from the time of filing. Failure to record the disclaimer does | 
| 412 | not affect its validity as between the disclaimant and persons | 
| 413 | to whom the property interest or power passes by reason of the | 
| 414 | disclaimer. | 
| 415 | 739.701  Application to existing relationships.--Except as | 
| 416 | otherwise provided in s. 739.402, an interest in or power over | 
| 417 | property existing on July 1, 2005, as to which the time for | 
| 418 | delivering or filing a disclaimer under laws superseded by this | 
| 419 | chapter has not expired, may be disclaimed after July 1, 2005. | 
| 420 | Section 2.  Section 731.201, Florida Statutes, is amended | 
| 421 | to read: | 
| 422 | 731.201  General definitions.--Subject to additional | 
| 423 | definitions in subsequent chapters that are applicable to | 
| 424 | specific chapters or parts, and unless the context otherwise | 
| 425 | requires, in this code, in s. 409.9101, and in chapters 737, | 
| 426 | 738, 739, and 744, the term: | 
| 427 | (1)  "Authenticated," when referring to copies of documents | 
| 428 | or judicial proceedings required to be filed with the court | 
| 429 | under this code, means shall meana certified copy or a copy | 
| 430 | authenticated according to the Federal Rules of Civil Procedure. | 
| 431 | (2)  "Beneficiary" means heir at law in an intestate estate | 
| 432 | and devisee in a testate estate. The term "beneficiary" does not | 
| 433 | apply to an heir at law or a devisee after that person's | 
| 434 | interest in the estate has been satisfied. In the case of a | 
| 435 | devise to an existing trust or trustee, or to a trust or trustee | 
| 436 | described by will, the trustee is a beneficiary of the estate. | 
| 437 | Except as otherwise provided in this subsection, the beneficiary | 
| 438 | of the trust is not a beneficiary of the estate of which that | 
| 439 | trust or the trustee of that trust is a beneficiary. However, if | 
| 440 | each trustee is also a personal representative of the estate, | 
| 441 | the beneficiary or beneficiaries of the trust as defined in s. | 
| 442 | 737.303(4)(b) shall be regarded as a beneficiary of the estate. | 
| 443 | (3)  "Child" includes a person entitled to take as a child | 
| 444 | under this code by intestate succession from the parent whose | 
| 445 | relationship is involved, and excludes any person who is only a | 
| 446 | stepchild, a foster child, a grandchild, or a more remote | 
| 447 | descendant. | 
| 448 | (4)  "Claim" means a liability of the decedent, whether | 
| 449 | arising in contract, tort, or otherwise, and funeral expense. | 
| 450 | The term does not include an expense of administration or | 
| 451 | estate, inheritance, succession, or other death taxes. | 
| 452 | (5)  "Clerk" means the clerk or deputy clerk of the court. | 
| 453 | (6)  "Court" means the circuit court. | 
| 454 | (7)  "Curator" means a person appointed by the court to | 
| 455 | take charge of the estate of a decedent until letters are | 
| 456 | issued. | 
| 457 | (8)  "Devise," when used as a noun, means a testamentary | 
| 458 | disposition of real or personal property and, when used as a | 
| 459 | verb, means to dispose of real or personal property by will or | 
| 460 | trust.  The term includes "gift," "give," "bequeath," "bequest," | 
| 461 | and "legacy."  A devise is subject to charges for debts, | 
| 462 | expenses, and taxes as provided in this code, the will, or the | 
| 463 | trust. | 
| 464 | (9)  "Devisee" means a person designated in a will or trust | 
| 465 | to receive a devise. Except as otherwise provided in this | 
| 466 | subsection, in the case of a devise to an existing trust or | 
| 467 | trustee, or to a trust or trustee of a trust described by will, | 
| 468 | the trust or trustee, rather than the beneficiaries of the | 
| 469 | trust, is the devisee. However, if each trustee is also a | 
| 470 | personal representative of the estate, the beneficiary or | 
| 471 | beneficiaries of the trust as defined in s. 737.303(4)(b) shall | 
| 472 | be regarded as a devisee. | 
| 473 | (10)  "Distributee" means a person who has received estate | 
| 474 | property from a personal representative or other fiduciary other | 
| 475 | than as a creditor or purchaser. A testamentary trustee is a | 
| 476 | distributee only to the extent of distributed assets or | 
| 477 | increments to them remaining in the trustee's hands.  A | 
| 478 | beneficiary of a testamentary trust to whom the trustee has | 
| 479 | distributed property received from a personal representative is | 
| 480 | a distributee. For purposes of this provision, "testamentary | 
| 481 | trustee" includes a trustee to whom assets are transferred by | 
| 482 | will, to the extent of the devised assets. | 
| 483 | (11)  "Domicile" means a person's usual place of dwelling | 
| 484 | and shall be synonymous with residence. | 
| 485 | (12)  "Estate" means the property of a decedent that is the | 
| 486 | subject of administration. | 
| 487 | (13)  "Exempt property" means the property of a decedent's | 
| 488 | estate which is described in s. 732.402. | 
| 489 | (14)  "File" means to file with the court or clerk. | 
| 490 | (15)  "Foreign personal representative" means a personal | 
| 491 | representative of another state or a foreign country. | 
| 492 | (16)  "Formal notice" means formal notice under the Florida | 
| 493 | Probate Rules. | 
| 494 | (17)  "Grantor" means one who creates or adds to a trust | 
| 495 | and includes "settlor" or "trustor" and a testator who creates | 
| 496 | or adds to a trust. | 
| 497 | (18)  "Heirs" or "heirs at law" means those persons, | 
| 498 | including the surviving spouse, who are entitled under the | 
| 499 | statutes of intestate succession to the property of a decedent. | 
| 500 | (19)  "Incompetent" means a minor or a person adjudicated | 
| 501 | incompetent. | 
| 502 | (20)  "Informal notice" or "notice" means informal notice | 
| 503 | under the Florida Probate Rules. | 
| 504 | (21)  "Interested person" means any person who may | 
| 505 | reasonably be expected to be affected by the outcome of the | 
| 506 | particular proceeding involved. In any proceeding affecting the | 
| 507 | estate or the rights of a beneficiary in the estate, the | 
| 508 | personal representative of the estate shall be deemed to be an | 
| 509 | interested person. In any proceeding affecting the expenses of | 
| 510 | the administration and obligations of a decedent's estate, or | 
| 511 | any claims described in s. 733.702(1), the trustee of a trust | 
| 512 | described in s. 733.707(3) is an interested person in the | 
| 513 | administration of the grantor's estate. The term does not | 
| 514 | include a beneficiary who has received complete distribution. | 
| 515 | The meaning, as it relates to particular persons, may vary from | 
| 516 | time to time and must be determined according to the particular | 
| 517 | purpose of, and matter involved in, any proceedings. | 
| 518 | (22)  "Letters" means authority granted by the court to the | 
| 519 | personal representative to act on behalf of the estate of the | 
| 520 | decedent and refers to what has been known as letters | 
| 521 | testamentary and letters of administration. All letters shall be | 
| 522 | designated "letters of administration." | 
| 523 | (23)  "Other state" means any state of the United States | 
| 524 | other than Florida and includes the District of Columbia, the | 
| 525 | Commonwealth of Puerto Rico, and any territory or possession | 
| 526 | subject to the legislative authority of the United States. | 
| 527 | (24)  "Parent" excludes any person who is only a | 
| 528 | stepparent, foster parent, or grandparent. | 
| 529 | (25)  "Personal representative" means the fiduciary | 
| 530 | appointed by the court to administer the estate and refers to | 
| 531 | what has been known as an administrator, administrator cum | 
| 532 | testamento annexo, administrator de bonis non, ancillary | 
| 533 | administrator, ancillary executor, or executor. | 
| 534 | (26)  "Petition" means a written request to the court for | 
| 535 | an order. | 
| 536 | (27)  "Probate of will" means all steps necessary to | 
| 537 | establish the validity of a will and to admit a will to probate. | 
| 538 | (28)  "Property" means both real and personal property or | 
| 539 | any interest in it and anything that may be the subject of | 
| 540 | ownership. | 
| 541 | (29)  "Protected homestead" means the property described in | 
| 542 | s. 4(a)(1), Art. X of the State Constitution on which at the | 
| 543 | death of the owner the exemption inures to the owner's surviving | 
| 544 | spouse or heirs under s. 4(b), Art. X of the State Constitution. | 
| 545 | For purposes of the code, real property owned as tenants by the | 
| 546 | entirety is not protected homestead. | 
| 547 | (30)  "Residence" means a person's place of dwelling. | 
| 548 | (31)  "Residuary devise" means a devise of the assets of | 
| 549 | the estate which remain after the provision for any devise which | 
| 550 | is to be satisfied by reference to a specific property or type | 
| 551 | of property, fund, sum, or statutory amount.  If the will | 
| 552 | contains no devise which is to be satisfied by reference to a | 
| 553 | specific property or type of property, fund, sum, or statutory | 
| 554 | amount, "residuary devise" or "residue" means a devise of all | 
| 555 | assets remaining after satisfying the obligations of the estate. | 
| 556 | (32)  "Security" means a security as defined in s. 517.021. | 
| 557 | (33)  "Security interest" means a security interest as | 
| 558 | defined in s. 671.201. | 
| 559 | (34)  "Trust" means an express trust, private or | 
| 560 | charitable, with additions to it, wherever and however created. | 
| 561 | It also includes a trust created or determined by a judgment or | 
| 562 | decree under which the trust is to be administered in the manner | 
| 563 | of an express trust. "Trust" excludes other constructive trusts, | 
| 564 | and it excludes resulting trusts; conservatorships; custodial | 
| 565 | arrangements pursuant to the Florida Uniform Transfers to Minors | 
| 566 | Act; business trusts providing for certificates to be issued to | 
| 567 | beneficiaries; common trust funds; land trusts under s. 689.05; | 
| 568 | trusts created by the form of the account or by the deposit | 
| 569 | agreement at a financial institution; voting trusts; security | 
| 570 | arrangements; liquidation trusts; trusts for the primary purpose | 
| 571 | of paying debts, dividends, interest, salaries, wages, profits, | 
| 572 | pensions, or employee benefits of any kind; and any arrangement | 
| 573 | under which a person is nominee or escrowee for another. | 
| 574 | (35)  "Trustee" includes an original, additional, | 
| 575 | surviving, or successor trustee, whether or not appointed or | 
| 576 | confirmed by court. | 
| 577 | (36)  "Will" means an instrument, including a codicil, | 
| 578 | executed by a person in the manner prescribed by this code, | 
| 579 | which disposes of the person's property on or after his or her | 
| 580 | death and includes an instrument which merely appoints a | 
| 581 | personal representative or revokes or revises another will. | 
| 582 | Section 3.  Paragraph (b) of subsection (8) of section | 
| 583 | 121.091, Florida Statutes, is amended to read: | 
| 584 | 121.091  Benefits payable under the system.--Benefits may | 
| 585 | not be paid under this section unless the member has terminated | 
| 586 | employment as provided in s. 121.021(39)(a) or begun | 
| 587 | participation in the Deferred Retirement Option Program as | 
| 588 | provided in subsection (13), and a proper application has been | 
| 589 | filed in the manner prescribed by the department. The department | 
| 590 | may cancel an application for retirement benefits when the | 
| 591 | member or beneficiary fails to timely provide the information | 
| 592 | and documents required by this chapter and the department's | 
| 593 | rules. The department shall adopt rules establishing procedures | 
| 594 | for application for retirement benefits and for the cancellation | 
| 595 | of such application when the required information or documents | 
| 596 | are not received. | 
| 597 | (8)  DESIGNATION OF BENEFICIARIES.-- | 
| 598 | (b)  A designated beneficiary of a retirement account for | 
| 599 | whom there is a monetary interest may disclaim his or her | 
| 600 | monetary interest as provided in chapter 739 s. 689.21,and in | 
| 601 | accordance with division rules governing such disclaimers. Such | 
| 602 | disclaimer must be filed within 24 months after the event that | 
| 603 | created the interest, that is, the death of the member or | 
| 604 | annuitant. | 
| 605 | Section 4.  Subsection (1) of section 710.121, Florida | 
| 606 | Statutes, is amended to read: | 
| 607 | 710.121  Renunciation, resignation, death, or removal of | 
| 608 | custodian; designation of successor custodian.-- | 
| 609 | (1)  A person nominated under s. 710.104 or designated | 
| 610 | under s. 710.111 as custodian may decline to serve by delivering | 
| 611 | a valid disclaimer under chapter 739 s. 689.21to the person who | 
| 612 | made the nomination or to the transferor or the transferor's | 
| 613 | legal representative. If the event giving rise to a transfer has | 
| 614 | not occurred and no substitute custodian able, willing, and | 
| 615 | eligible to serve was nominated under s. 710.104, the person who | 
| 616 | made the nomination may nominate a substitute custodian under s. | 
| 617 | 710.104; otherwise, the transferor or the transferor's legal | 
| 618 | representative shall designate a substitute custodian at the | 
| 619 | time of the transfer, in either case from among the persons | 
| 620 | eligible to serve as custodian for that kind of property under | 
| 621 | s. 710.111(1). The custodian so designated has the rights of a | 
| 622 | successor custodian. | 
| 623 | Section 5.  Sections 689.21 and 732.801, Florida Statutes, | 
| 624 | are repealed. | 
| 625 | Section 6.  This act shall take effect July 1, 2005. |