Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 358
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Berman) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 86 - 133
    4  and insert:
    5         (2) In a probate proceeding, formal notice to a person is
    6  sufficient notice for the court to exercise its in rem to
    7  acquire jurisdiction over the person receiving formal notice to
    8  the extent of the person’s interest in the estate property or in
    9  the decedent’s protected homestead. The court does not acquire
   10  personal jurisdiction over a person by service of formal notice.
   11         Section 4. The amendment made by this act to s. 731.301,
   12  Florida Statutes, applies to all proceedings pending on or
   13  before, or commenced after, the date this act becomes a law.
   14         Section 5. Paragraph (e) of subsection (2) of section
   15  733.212, Florida Statutes, is amended, and paragraph (f) is
   16  added to that subsection, to read:
   17         733.212 Notice of administration; filing of objections.—
   18         (2) The notice shall state:
   19         (e) That, unless an extension is granted pursuant to s.
   20  732.2135(2), an election to take an elective share must be filed
   21  on or before the earlier of the date that is 6 months after the
   22  date of service of a copy of the notice of administration on the
   23  surviving spouse, or an attorney in fact or a guardian of the
   24  property of the surviving spouse, or the date that is 2 years
   25  after the date of the decedent’s death.
   26         (f)That, under certain circumstances and by failing to
   27  contest the will, the recipient of the notice of administration
   28  may be waiving his or her right to contest the validity of a
   29  trust or other writing incorporated by reference into a will.
   31  ================= T I T L E  A M E N D M E N T ================
   32  And the title is amended as follows:
   33         Delete lines 2 - 18
   34  and insert:
   35         An act relating to estates and trusts; creating s.
   36         731.1065, F.S.; specifying that precious metals are
   37         tangible personal property for the purposes of the
   38         Florida Probate Code; providing for retroactive
   39         application; amending s. 731.201, F.S.; revising the
   40         definition of the term “property”; amending s.
   41         731.301, F.S.; specifying that formal notice is not
   42         sufficient to invoke a court’s personal jurisdiction
   43         over a person receiving such formal notice; providing
   44         applicability; amending s. 733.212, F.S.; revising the
   45         required contents of a notice of administration;
   46         amending s. 733.610, F.S.;