Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 304
                        Barcode 384822
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Criminal Justice (King) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 84, between lines 21 and 22,
16  
17  insert:  
18         Section 54.  Section 655.935, Florida Statutes, is
19  amended to read:
20         655.935  Search procedure on death of lessee.--If
21  satisfactory proof of the death of the lessee is presented, a
22  lessor shall permit the person named in a court order for the
23  purpose, or if no order has been served upon the lessor, the
24  spouse, a parent, an adult descendant, or a person named as a
25  personal representative in a copy of a purported will produced
26  by such person, to open and examine the contents of a
27  safe-deposit box leased or co-leased by a decedent, or any
28  documents delivered by a decedent for safekeeping, in the
29  presence of an officer of the lessor; and the lessor, if so
30  requested by such person, shall deliver:
31         (1)  Any writing purporting to be a will of the
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 304 Barcode 384822 1 decedent, to the court having probate jurisdiction in the 2 county in which the financial institution is located; 3 (2) Any writing purporting to be a deed to a burial 4 plot or to give burial instructions, to the person making the 5 request for a search; and 6 (3) Any document purporting to be an insurance policy 7 on the life of the decedent, to the beneficiary named therein. 8 9 No other contents may be removed pursuant to this section and 10 access granted pursuant to this section shall not be 11 considered the initial opening of the safe-deposit box 12 pursuant to s. 733.6065 by a personal representative appointed 13 by a court in this state. 14 Section 55. Section 655.936, Florida Statutes, is 15 amended to read: 16 655.936 Delivery of safe-deposit box contents or 17 property held in safekeeping to personal representative.-- 18 (1) Subject to the provisions of subsection (3), the 19 lessor shall immediately deliver to a resident personal 20 representative appointed by a court in this state, upon 21 presentation of a certified copy of his or her letters of 22 authority, all property deposited with it by the decedent for 23 safekeeping, and shall grant the resident personal 24 representative access to any safe-deposit box in the 25 decedent's name and permit him or her to remove from such box 26 any part or all of the contents thereof. 27 (2) If a foreign personal representative of a deceased 28 lessee has been appointed by a court of any other state, a 29 lessor may, at its discretion, after 3 months from the 30 issuance to such foreign personal representative of his or her 31 letters of authority, deliver to such foreign personal 2 11:08 AM 04/05/05 s0304c2c-cj08-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 304 Barcode 384822 1 representative all properties deposited with it for 2 safekeeping and the contents of any safe-deposit box in the 3 name of the decedent if at such time the lessor has not 4 received written notice of the appointment of a personal 5 representative in this state, and such delivery is a valid 6 discharge of the lessor for all property or contents so 7 delivered. A Such foreign personal representative appointed by 8 a court of any other state shall furnish the lessor with an 9 affidavit setting forth facts showing the domicile of the 10 deceased lessee to be other than this state and stating that 11 there are no unpaid creditors of the deceased lessee in this 12 state, together with a certified copy of his or her letters of 13 authority. A lessor making delivery pursuant to this 14 subsection shall maintain in its files a receipt executed by 15 such foreign personal representative which itemizes in detail 16 all property so delivered. 17 (3) Notwithstanding the provisions of subsection (1), 18 after the death of a lessee of a safe-deposit box, the lessor 19 shall permit the initial opening of the safe-deposit box and 20 the removal of the contents of the safe-deposit box in 21 accordance with s. 733.6065. 22 (4) A lessor is not liable for damages or penalty by 23 reason of any delivery made pursuant to this section. 24 Section 56. Section 655.937, Florida Statutes, is 25 amended to read: 26 655.937 Access to safe-deposit boxes leased in two or 27 more names.-- 28 (1) Unless When specifically provided in the lease or 29 rental agreement to the contrary, when covering a safe-deposit 30 box is heretofore or hereafter rented or leased in the names 31 of two or more lessees, that access to the safe-deposit box 3 11:08 AM 04/05/05 s0304c2c-cj08-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 304 Barcode 384822 1 will be granted to either lessee, or to either or the 2 survivor, access to the safe-deposit box shall be granted to: 3 (a) Either or any of such lessees, regardless of 4 whether or not the other lessee or lessees or any of them are 5 living or competent.; or 6 (b) Subject to s. 655.933, those persons named in s. 7 655.933. 8 (c) Subject to s. 655.935, those persons named in s. 9 655.935. 10 (d)(b) Subject to s. 733.6065, the personal 11 representative of the estate of either or any of such lessees 12 who is deceased, or the guardian of the property of either or 13 any of such lessees who is incapacitated. 14 (2) In all cases described in subsection (1),; and, in 15 either such case, the provisions of s. 655.933 apply, and the 16 signature on the safe-deposit entry or access record (or the 17 receipt or acquittance, in the case of property or documents 18 otherwise held for safekeeping) is a valid and sufficient 19 release and discharge to the lessor for granting access to 20 such safe-deposit box or for the delivery of such property or 21 documents otherwise held for safekeeping. 22 (3)(2) A lessor may not be held liable for damages or 23 penalty by reason of any access granted or delivery made 24 pursuant to this section. 25 (4) The right of access by a co-lessee is separate 26 from the rights and responsibilities of other persons who may 27 be granted access to a safe-deposit box after the death or 28 incapacity of another co-lessee and such right of access is 29 not subject to the provisions of s. 655.935 or s. 733.6065 or 30 other requirements imposed upon personal representatives, 31 guardians, or other fiduciaries. 4 11:08 AM 04/05/05 s0304c2c-cj08-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 304 Barcode 384822 1 (5) After the death of a co-lessee, the surviving 2 co-lessee or any other person who is granted access to the 3 safe-deposit box pursuant to this section may make a written 4 inventory of the box which shall be conducted by the person 5 making the request in the presence of one other person as 6 specified in this subsection. Each person present shall verify 7 the contents of the box by signing a copy of the inventory 8 under penalty of perjury. 9 (a) If the person making the written inventory is the 10 surviving co-lessee, the other person may be any other person 11 granted access pursuant to this section, an employee of the 12 institution where the box is located, or an attorney licensed 13 in this state. 14 (b) If the person making the written inventory is not 15 a surviving co-lessee, the other person may be a surviving 16 co-lessee, an employee of the institution where the box is 17 located, or an attorney licensed in this state. 18 Section 57. Section 733.6065, Florida Statutes, is 19 amended to read: 20 733.6065 Opening safe-deposit box.-- 21 (1) Subject to the provisions of s. 655.936(2), the 22 initial opening of a the decedent's safe-deposit box leased or 23 co-leased by the decedent shall be conducted in the presence 24 of any two of the following persons: an employee of the 25 institution where the box is located, the personal 26 representative, or the personal representative's attorney of 27 record. Each person who is present must verify the contents of 28 the box by signing a copy of the inventory under penalties of 29 perjury. The personal representative shall file the 30 safe-deposit box inventory, together with a copy of the box 31 entry record from a date which is 6 months prior to the date 5 11:08 AM 04/05/05 s0304c2c-cj08-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 304 Barcode 384822 1 of death to the date of inventory, with the court within 10 2 days after the box is opened. Unless otherwise ordered by the 3 court, this inventory and the attached box entry record is 4 subject to inspection only by persons entitled to inspect an 5 inventory under s. 733.604(1). The personal representative may 6 remove the contents of the box. 7 (2) The right to open and examine the contents of a 8 safe-deposit box leased by a decedent, or any documents 9 delivered by a decedent for safekeeping, and to receive items 10 as provided for in s. 655.935 are separate from in addition to 11 the rights provided for in subsection (1). 12 13 (Redesignate subsequent sections.) 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 On page 9, line 22, following the semicolon 19 20 insert: 21 amending s. 655.935, F.S.; authorizing the 22 search of a safe-deposit box co-leased by a 23 decedent; providing limitations; amending s. 24 655.936, F.S.; providing for the delivery of a 25 safe-deposit box to a court-appointed personal 26 representative; amending s. 655.937, F.S.; 27 revising provisions for access to safe-deposit 28 boxes; amending s. 733.6065, F.S.; revising 29 provisions related to the initial opening of a 30 safe-deposit box leased or co-leased by a 31 decedent; 6 11:08 AM 04/05/05 s0304c2c-cj08-t02