Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1042
       
       
       
       
       
       
                                Ì436070{Î436070                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/30/2018           .                                
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       The Committee on Judiciary (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1145 and 1146
    4  insert:
    5         Section 28. Subsection (1) of section 709.2202, Florida
    6  Statutes, is amended to read:
    7         709.2202 Authority that requires separate signed
    8  enumeration.—
    9         (1) Notwithstanding s. 709.2201, an agent may exercise the
   10  following authority specified in paragraphs (a)-(g) only if the
   11  principal signed or initialed next to each specific enumeration
   12  of the authority, the exercise of the authority is consistent
   13  with the agent’s duties under s. 709.2114, the power of attorney
   14  was witnessed and notarized in person without use of the online
   15  electronic witnessing provisions of s. 117.285 or the online
   16  notarization provisions of part II of chapter 117, and the
   17  exercise is not otherwise prohibited by another agreement or
   18  instrument:
   19         (a) Create an inter vivos trust;
   20         (b) With respect to a trust created by or on behalf of the
   21  principal, amend, modify, revoke, or terminate the trust, but
   22  only if the trust instrument explicitly provides for amendment,
   23  modification, revocation, or termination by the settlor’s agent;
   24         (c) Make a gift, subject to subsection (4);
   25         (d) Create or change rights of survivorship;
   26         (e) Create or change a beneficiary designation;
   27         (f) Waive the principal’s right to be a beneficiary of a
   28  joint and survivor annuity, including a survivor benefit under a
   29  retirement plan; or
   30         (g) Disclaim property and powers of appointment.
   31  
   32  This subsection does not invalidate a power of attorney or any
   33  authority granted therein to an agent where such authority is
   34  granted in a power of attorney witnessed and notarized through
   35  the use of the online electronic witnessing provisions of s.
   36  117.285 or the online notarization provisions of part II of
   37  chapter 117, except that a power of attorney or other authority
   38  so witnessed and notarized is not effective to grant any power
   39  specified in paragraphs (a)-(g).
   40  
   41  ================= T I T L E  A M E N D M E N T ================
   42  And the title is amended as follows:
   43         Between lines 87 and 88
   44  insert:
   45         amending s. 709.2202, F.S.; specifying that certain
   46         authority granted through a power of attorney
   47         requiring separate signed enumeration may not be
   48         executed by online notarization or witnessed
   49         electronically; providing for construction;