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,
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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.
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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
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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
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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.
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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
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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).
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13 (Redesignate subsequent sections.)
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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
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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;
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