Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1184
       
       
       
       
       
       
                                Ì176592CÎ176592                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2019           .                                
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       The Committee on Banking and Insurance (Baxley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (2) of section
    6  655.059, Florida Statutes, is amended to read:
    7         655.059 Access to books and records; confidentiality;
    8  penalty for disclosure.—
    9         (2)
   10         (b) The books and records pertaining to trust accounts and
   11  the deposit accounts and loans of depositors, borrowers,
   12  members, and stockholders of any financial institution shall be
   13  kept confidential by the financial institution and its
   14  directors, officers, and employees and may not be released
   15  except upon express authorization of the account holder as to
   16  her or his own accounts, loans, or voting rights. However,
   17  information relating to any loan made by a financial institution
   18  may be released without the borrower’s authorization in a manner
   19  prescribed by the board of directors for the purpose of meeting
   20  the needs of commerce and for fair and accurate credit
   21  information. Information may also be released, without the
   22  authorization of a member or depositor but in a manner
   23  prescribed by the board of directors, to verify or corroborate
   24  the existence or amount of a customer’s or member’s account when
   25  such information is reasonably provided to meet the needs of
   26  commerce and to ensure accurate credit information. In addition,
   27  a financial institution, affiliate, and its subsidiaries, and
   28  any holding company of the financial institution or subsidiary
   29  of such holding company, may furnish to one another information
   30  relating to their customers or members, subject to the
   31  requirement that each corporation receiving information that is
   32  confidential maintain the confidentiality of such information
   33  and not provide or disclose such information to any unaffiliated
   34  person or entity. Notwithstanding this paragraph, this
   35  subsection does not prohibit:
   36         1. A financial institution from disclosing financial
   37  information as referenced in this subsection as authorized by
   38  Pub. L. No. 106-102 (1999), as set forth in 15 U.S.C.A. s. 6802,
   39  as amended.
   40         2. The Florida office of the international banking
   41  corporation or international trust entity from sharing books and
   42  records under this subsection with the home-country supervisor
   43  in accordance with subsection (1).
   44         3.A financial institution from disclosing, pursuant to s.
   45  655.795, the existence of and amounts on deposit in any
   46  qualified accounts of a decedent, and providing a copy of any
   47  affidavit delivered to the financial institution pursuant
   48  thereto, to persons authorized to receive such information under
   49  s. 655.795.
   50         Section 2. Section 655.795, Florida Statutes, is created to
   51  read:
   52         655.795Payment to successor without court proceedings.—
   53         (1) As used in this section, the term:
   54         (a) “Authorized family member” means:
   55         1. The surviving spouse of the decedent;
   56         2. If the decedent did not leave a surviving spouse, an
   57  adult child of the decedent;
   58         3. If the decedent did not leave a surviving spouse or a
   59  surviving adult child, an adult descendant of the decedent; or
   60         4. If the decedent did not leave a surviving spouse, an
   61  adult child, or an adult descendant, the parent of the decedent.
   62         (b) “Family members of the decedent” means:
   63         1. The surviving spouse of the decedent;
   64         2. If there is no surviving spouse, or if any of the
   65  children of the decedent are not also children of the surviving
   66  spouse, the living children of the decedent, and the living
   67  descendants of any deceased child of the decedent; or
   68         3. If there is no surviving spouse or living descendants of
   69  the decedent, the living parents of the decedent.
   70         (c) “Qualified account” means a depository account or
   71  certificate of deposit held in the sole name of the decedent
   72  without a pay-on-death or any other survivor designation.
   73         (2) A financial institution in this state may pay to the
   74  authorized family member of a decedent, without any court
   75  proceeding, order, or judgment, the funds on deposit in all
   76  qualified accounts of the decedent at the financial institution
   77  if the total amount of the combined funds in the qualified
   78  accounts at that financial institution do not exceed $10,000.
   79  The financial institution may not make such payment earlier than
   80  2 years after the date of the decedent’s death.
   81         (3) In order to receive the funds, the authorized family
   82  member must provide the financial institution with a certified
   83  copy of the decedent’s death certificate and a sworn affidavit
   84  that includes all of the following:
   85         (a) A statement attesting that the affiant is the surviving
   86  spouse, adult child, adult descendant, or parent of the
   87  decedent.
   88         1. If the affiant is an adult child of the decedent, the
   89  affidavit must attest that the decedent left no surviving
   90  spouse.
   91         2. If the affiant is an adult descendant of the decedent,
   92  the affidavit must attest that the decedent left no surviving
   93  spouse or adult children.
   94         3. If the affiant is a parent of the decedent, the
   95  affidavit must attest that the decedent left no surviving
   96  spouse, adult children, or adult descendants.
   97         (b) The date of death and the address of the last residence
   98  of the decedent.
   99         (c) A statement attesting that the total amount in all
  100  qualified accounts held by the decedent with any financial
  101  institution known to the affiant does not exceed $10,000.
  102         (d) A statement acknowledging that a personal
  103  representative has not been appointed to administer the
  104  decedent’s estate and stating that no probate proceeding or
  105  summary administration procedure has been commenced with respect
  106  to the estate.
  107         (e) A statement identifying the name of each of the family
  108  members of the decedent and that the notarized written consent
  109  of each other family member of the decedent is attached. The
  110  natural parent or guardian of any person who is a minor may give
  111  consent on behalf of such person.
  112         (f) A statement acknowledging that the affiant has no
  113  knowledge of the existence of any last will and testament or
  114  other document or agreement relating to the distribution of the
  115  estate of the decedent.
  116         (g) A statement acknowledging that the payment of the funds
  117  constitutes a full release and discharge of the financial
  118  institution’s obligation regarding the amount paid.
  119         (h) A statement acknowledging that the affiant understands
  120  that he or she is personally liable to the persons rightfully
  121  entitled to the funds under the Florida Probate Code, to the
  122  extent that the amount paid exceeds the amount properly
  123  attributable to the affiant’s share.
  124         (i) A statement acknowledging that the affiant understands
  125  that making a false statement in the affidavit may be punishable
  126  as a criminal offense.
  127         (4) The authorized family member may use an affidavit in
  128  substantially the following form to fulfill the requirements of
  129  subsection (3):
  130  
  131    AFFIDAVIT UNDER SECTION 655.795, FLORIDA STATUTES, TO OBTAIN   
  132        BANK PROPERTY OF DECEASED ACCOUNTHOLDER: ...(Name of       
  133                            decedent)...                           
  134  State of ....
  135  County of ....
  136  
  137  Before the undersigned authority personally appeared ...(name of
  138  affiant)..., of ...(residential address of affiant)..., who has
  139  been sworn and says the following statements are true:
  140         (a) The affiant is (initial one of the following
  141  responses):
  142         .... The surviving spouse of the decedent.
  143         .... A surviving adult child of the decedent, and the
  144  decedent left no surviving spouse.
  145         .... A surviving adult descendent of the decedent, and the
  146  decedent left no surviving spouse and no surviving adult
  147  children.
  148         .... A surviving parent of the decedent, and the decedent
  149  left no surviving spouse, no surviving adult children, and no
  150  surviving adult descendant.
  151         (b) As shown in the certified death certificate, the date
  152  of death of the decedent was ...(date of death)..., and the
  153  address of the decedent’s last residence was ...(address of last
  154  residence)....
  155         (c) The affiant is entitled to payment of the funds in the
  156  decedent’s depository accounts and certificates of deposit held
  157  by the financial institution ...(name of financial
  158  institution).... The total of qualified accounts held by the
  159  decedent in all financial institutions known to the affiant does
  160  not exceed an aggregate total of $10,000. The affiant requests
  161  full payment from the financial institution.
  162         (d) A personal representative has not been appointed to
  163  administer the decedent’s estate and no probate proceeding or
  164  summary administration procedure has been commenced with respect
  165  to the estate.
  166         (e) The affiant has been provided with and has read the
  167  provisions s. 655.795, Florida Statutes, and (initial one of the
  168  following responses):
  169         .... There are no family members of the decedent other than
  170  affiant.
  171         .... The family members of the decedent are ...(identify by
  172  name).... Notarized letters from all of the family members of
  173  the decedent other than the affiant consenting to the affiant’s
  174  funds withdrawal are attached.
  175         (f) The affiant has no knowledge of any last will and
  176  testament or other document or agreement relating to the
  177  distribution of decedent’s estate.
  178         (g) The payment of the funds constitutes a full release and
  179  discharge of the financial institution for the amount paid.
  180         (h) The affiant understands that he or she is personally
  181  liable to the persons rightfully entitled to the funds under the
  182  Florida Probate Code, to the extent that the amount paid exceeds
  183  the amount properly attributable to the affiant’s share.
  184         (i) The affiant understands that making a false statement
  185  in this affidavit may be punishable as a criminal offense.
  186  
  187  By ...(signature of Affiant)...
  188  
  189         Sworn to and subscribed before me this .... day of
  190         .... by ...(name of Affiant)..., who is personally
  191         known to me or produced .... as identification, and
  192         did take an oath.
  193  
  194         ...(Signature of Notary Public - State of Florida)...
  195         ...(Print, Type, or Stamp Commissioned Name of Notary
  196  Public)...
  197         My commission expires: ...(date of expiration of
  198  commission)...
  199         (5) The financial institution is not required to determine
  200  whether the contents of the sworn affidavit are truthful. The
  201  payment of the funds by the financial institution to the affiant
  202  constitutes the financial institution’s full release and
  203  discharge for the amount paid. A person does not have a right or
  204  cause of action against the financial institution for taking any
  205  action, or for failing to take an action, in connection with the
  206  affidavit or the payment of the funds.
  207         (6) The authorized family member who withdraws the funds
  208  under this section is personally liable to any persons
  209  rightfully entitled to the funds under the Florida Probate Code,
  210  to the extent that the amount paid exceeds the amount properly
  211  attributable to the authorized family member’s share.
  212         (7) The financial institution shall maintain a copy or an
  213  image of the affidavit for a period of 7 years after releasing
  214  the funds. If a family member of the decedent requests a copy of
  215  the affidavit during such time, the financial institution may
  216  provide a copy of the affidavit to the requesting family member
  217  of the decedent.
  218         (8) Upon presentation of a decedent’s death certificate to
  219  a financial institution not less than 2 years after the date of
  220  death of the decedent, the financial institution may release the
  221  existence of and amounts contained in any qualified account of
  222  the decedent at the financial institution to the following
  223  persons:
  224         1.A surviving spouse who presents a copy of a marriage
  225  certificate evidencing the spouse’s marriage to the decedent; or
  226         2.An adult child of the decedent who presents a copy of a
  227  birth certificate evidencing that the decedent is the parent of
  228  the adult child.
  229         (9)In addition to any other penalty provided by law, a
  230  person who knowingly makes a false statement in a sworn
  231  affidavit given to a financial institution to receive a
  232  decedent’s funds under this section commits theft, punishable as
  233  provided in s. 812.014.
  234         Section 3. This act shall take effect July 1, 2019.
  235  
  236  ================= T I T L E  A M E N D M E N T ================
  237  And the title is amended as follows:
  238         Delete everything before the enacting clause
  239  and insert:
  240                        A bill to be entitled                      
  241         An act relating to bank property of deceased
  242         accountholders; amending s. 655.059, F.S.; specifying
  243         that a financial institution is not prohibited from
  244         disclosing specified information to certain persons
  245         relating to deceased account holders; creating s.
  246         655.795, F.S.; defining terms; authorizing a financial
  247         institution to pay to the authorized family member of
  248         a decedent depositor, without any court proceeding,
  249         order, or judgment authorizing the payment and not
  250         earlier than a specified time, the funds in the
  251         decedent’s qualified accounts if the sum does not
  252         exceed a specified amount; requiring the authorized
  253         family member to provide the financial institution a
  254         certified copy of the decedent’s death certificate and
  255         a specified affidavit in order to receive the funds;
  256         providing an affidavit form the authorized family
  257         member may use; providing that the financial
  258         institution has no duty to make certain
  259         determinations; specifying a person does not have a
  260         right or cause of action against a financial
  261         institution for certain actions or for failing to take
  262         certain actions; providing liability for authorized
  263         family members; requiring a financial institution to
  264         maintain a copy or image of the affidavit for a
  265         specified time; authorizing the financial institution
  266         to provide copies of the affidavit to certain persons;
  267         authorizing a financial institution to release certain
  268         information bank accounts under certain circumstances;
  269         providing a criminal penalty; providing an effective
  270         date.