Florida Senate - 2009                             CS for SB 1400
       
       
       
       By the Committee on Judiciary; and Senator Aronberg
       
       
       
       
       590-02693-09                                          20091400c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         733.604, F.S.; revising the provision that subjects an
    4         estate inventory to inspection; creating exemptions
    5         from public-records requirements for certain estate
    6         inventories and accountings; requiring custodians to
    7         disclose certain inventories or accountings to certain
    8         persons or by court order; providing retroactive
    9         application; providing for review and repeal of the
   10         exemptions under the Open Government Sunset Review
   11         Act; providing a statement of public necessity;
   12         providing a contingent effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 733.604, Florida Statutes, is amended to
   17  read:
   18         733.604 Inventories and accountings; public-records
   19  exemptions Inventory.—
   20         (1)(a) Unless an inventory has been previously filed, a
   21  personal representative shall file a verified inventory of
   22  property of the estate, listing it with reasonable detail and
   23  including for each listed item its estimated fair market value
   24  at the date of the decedent’s death. Unless otherwise ordered by
   25  the court for good cause shown, the inventory or amended or
   26  supplementary inventory is subject to inspection only by the
   27  clerk of the court, the clerk’s representative, the personal
   28  representative, the personal representative’s attorney, and
   29  other interested persons.
   30         (b)1.Any inventory of an estate, whether initial, amended,
   31  or supplementary, filed with the clerk of the court in
   32  conjunction with the administration of an estate is confidential
   33  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   34  Constitution.
   35         2.Any inventory of the elective estate, whether initial,
   36  amended, or supplementary, filed with the clerk of the court in
   37  conjunction with an election made in accordance with part II of
   38  chapter 732 is confidential and exempt from s. 119.07(1) and s.
   39  24(a), Art. I of the State Constitution.
   40         3.Any accounting, whether interim, final, amended, or
   41  supplementary, filed in the estate proceeding is confidential
   42  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   43  Constitution.
   44         4.Any inventory or accounting made confidential and exempt
   45  by subparagraphs 1., subparagraph 2., or subparagraph 3. shall
   46  be disclosed by the custodian for inspection or copying to:
   47         a.The personal representative;
   48         b.The personal representative’s attorney;
   49         c.An interested person as defined in s. 731.201; or
   50         d.By court order upon a showing of good cause.
   51         5.These exemptions apply to any inventory or accounting
   52  filed before, on, or after July 1, 2009.
   53         6.This paragraph is subject to the Open Government Sunset
   54  Review Act in accordance with s. 119.15, and shall stand
   55  repealed on October 2, 2014, unless reviewed and saved from
   56  repeal through reenactment by the Legislature.
   57         (2) If the personal representative learns of any property
   58  not included in the original inventory, or learns that the
   59  estimated value or description indicated in the original
   60  inventory for any item is erroneous or misleading, the personal
   61  representative shall file a verified amended or supplementary
   62  inventory showing any new items and their estimated value at the
   63  date of the decedent’s death, or the revised estimated value or
   64  description.
   65         (3) Upon written request to the personal representative, a
   66  beneficiary shall be furnished a written explanation of how the
   67  inventory value for an asset was determined, or, if an appraisal
   68  was obtained, a copy of the appraisal, as follows:
   69         (a) To a residuary beneficiary or heir in an intestate
   70  estate, regarding all inventoried assets.
   71         (b) To any other beneficiary, regarding all assets
   72  distributed or proposed to be distributed to that beneficiary.
   73  
   74  The personal representative must notify each beneficiary of that
   75  beneficiary’s rights under this subsection. Neither a request
   76  nor the failure to request information under this subsection
   77  affects any rights of a beneficiary in subsequent proceedings
   78  concerning any accounting of the personal representative or the
   79  propriety of any action of the personal representative.
   80         Section 2. The Legislature finds that it is a public
   81  necessity to exempt from public-records requirements all
   82  inventories of property of estates of decedents, including
   83  amended and supplementary inventories, and all inventories of
   84  elective estates of surviving spouses, whether initial, amended,
   85  or supplementary. In addition, in order to preserve the privacy
   86  of information that would otherwise be available in an
   87  accounting filed in an estate proceeding, the Legislature finds
   88  that it is a public necessity that all accountings, whether
   89  interim, final, amended, or supplementary, filed in the estate
   90  proceeding be made exempt from public-records requirements. The
   91  Legislature finds that the public disclosure of estate
   92  inventories and accountings would make public the decedent’s
   93  financial information and would produce undue harm to the
   94  decedent’s heirs or the beneficiaries of the decedent’s estate.
   95         Section 3. This act shall take effect July 1, 2009, if
   96  Senate Bill 1396 or similar legislation is adopted in the same
   97  legislative session or an extension thereof and becomes law.