Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS for SB 380 Ì543042rÎ543042 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/20/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Baxley) recommended the following: 1 Senate Amendment 2 3 Delete lines 97 - 268 4 and insert: 5 4. A financial institution from disclosing the existence of 6 and amounts on deposit in any individual account of a decedent 7 to a petitioner that filed with the court a petition pursuant to 8 s. 734.1025 or s. 735.203, or to an affiant that filed with the 9 court an affidavit for disposition without administration 10 pursuant to s. 735.301 or s. 735.304. 11 Section 2. Section 735.303, Florida Statutes, is created to 12 read: 13 735.303 Payment to successor without court proceedings.— 14 (1) As used in this section, the term: 15 (a) “Family member” means: 16 1. The surviving spouse of the decedent; 17 2. An adult child of the decedent if the decedent left no 18 surviving spouse; 19 3. An adult descendant of the decedent if the decedent 20 left no surviving spouse and no surviving adult child; or 21 4. A parent of the decedent if the decedent left no 22 surviving spouse, no surviving adult child, and no surviving 23 adult descendant. 24 (b) “Qualified account” means a depository account or 25 certificate of deposit held by a financial institution in the 26 sole name of the decedent without a pay-on-death or any other 27 survivor designation. 28 (2) A financial institution in this state may pay to the 29 family member of a decedent, without any court proceeding, 30 order, or judgment, the funds on deposit in all qualified 31 accounts of the decedent at the financial institution if the 32 total amount of the combined funds in the qualified accounts at 33 the financial institution does not exceed an aggregate total of 34 $1,000. The financial institution may not make such payment 35 earlier than 6 months after the date of the decedent’s death. 36 (3) In order to receive the funds described in subsection 37 (2), the family member must provide to the financial institution 38 a certified copy of the decedent’s death certificate and a sworn 39 affidavit that includes all of the following: 40 (a) A statement attesting that the affiant is the surviving 41 spouse, adult child, adult descendant, or parent of the 42 decedent. 43 1. If the affiant is an adult child of the decedent, the 44 affidavit must attest that the decedent left no surviving 45 spouse. 46 2. If the affiant is an adult descendant of the decedent, 47 the affidavit must attest that the decedent left no surviving 48 spouse and no surviving adult child. 49 3. If the affiant is a parent of the decedent, the 50 affidavit must attest that the decedent left no surviving 51 spouse, no surviving adult child, and no surviving adult 52 descendant. 53 (b) The date of death and the address of the decedent’s 54 last residence. 55 (c) A statement attesting that the total amount in all 56 qualified accounts held by the decedent in all financial 57 institutions known to the affiant does not exceed an aggregate 58 total of $1,000. 59 (d) A statement acknowledging that a personal 60 representative has not been appointed to administer the 61 decedent’s estate and attesting that no probate proceeding or 62 summary administration procedure has been commenced with respect 63 to the estate. 64 (e) A statement acknowledging that the affiant has no 65 knowledge of the existence of any last will and testament or 66 other document or agreement relating to the distribution of the 67 decedent’s estate. 68 (f) A statement acknowledging that the payment of the funds 69 constitutes a full release and discharge of the financial 70 institution’s obligation regarding the amount paid. 71 (g) A statement acknowledging that the affiant understands 72 that he or she is personally liable to the creditors of the 73 decedent and other persons rightfully entitled to the funds 74 under the Florida Probate Code, to the extent the amount paid 75 exceeds the amount properly attributable to the affiant’s share. 76 (h) A statement acknowledging that the affiant understands 77 that making a false statement in the affidavit may be punishable 78 as a criminal offense. 79 (4) The family member may use an affidavit in substantially 80 the following form to fulfill the requirements of subsection 81 (3): 82 83 AFFIDAVIT UNDER SECTION 735.303, FLORIDA STATUTES, TO OBTAIN 84 BANK PROPERTY OF DECEASED ACCOUNT HOLDER: ...(Name of 85 decedent)... 86 State of .... 87 County of .... 88 89 Before the undersigned authority personally appeared ...(name of 90 affiant)..., of ...(residential address of affiant)..., who has 91 been sworn and says the following statements are true: 92 (a) The affiant is (initial one of the following 93 responses): 94 .... The surviving spouse of the decedent. 95 .... A surviving adult child of the decedent, and the 96 decedent left no surviving spouse. 97 .... A surviving adult descendant of the decedent, and the 98 decedent left no surviving spouse and no surviving adult child. 99 .... A surviving parent of the decedent, and the decedent 100 left no surviving spouse, no surviving adult child, and no 101 surviving adult descendant. 102 (b) As shown in the certified death certificate, the date 103 of death of the decedent was ...(date of death)..., and the 104 address of the decedent’s last residence was ...(address of last 105 residence).... 106 (c) The affiant is entitled to payment of the funds in the 107 decedent’s depository accounts and certificates of deposit held 108 by the financial institution ...(name of financial 109 institution).... The total amount in all qualified accounts held 110 by the decedent in all financial institutions known to the 111 affiant does not exceed an aggregate total of $1,000. The 112 affiant requests full payment from the financial institution. 113 (d) A personal representative has not been appointed to 114 administer the decedent’s estate and no probate proceeding or 115 summary administration procedure has been commenced with respect 116 to the estate. 117 (e) The affiant has no knowledge of any last will and 118 testament or other document or agreement relating to the 119 distribution of the decedent’s estate. 120 (f) The payment of the funds constitutes a full release and 121 discharge of the financial institution regarding the amount 122 paid. 123 (g) The affiant understands that he or she is personally 124 liable to the creditors of the decedent and other persons 125 rightfully entitled to the funds under the Florida Probate Code, 126 to the extent the amount paid exceeds the amount properly 127 attributable to the affiant’s share. 128 (h) The affiant understands that making a false statement 129 in this affidavit may be punishable as a criminal offense. 130 131 By ...(signature of Affiant)... 132 133 Sworn to and subscribed before me this .... day of 134 .... by ...(name of Affiant)..., who is personally 135 known to me or produced .... as identification, and 136 did take an oath. 137 138 ...(Signature of Notary Public - State of Florida)... 139 ...(Print, Type, or Stamp Commissioned Name of Notary 140 Public)... 141 My commission expires: ...(date of expiration of 142 commission)... 143 (5) The financial institution is not required to determine 144 whether the contents of the sworn affidavit are truthful. The 145 payment of the funds by the financial institution to the affiant 146 constitutes the financial institution’s full release and 147 discharge regarding the amount paid. A person does not have a 148 right or cause of action against the financial institution for 149 taking an action, or for failing to take an action, in 150 connection with the affidavit or the payment of the funds. 151 (6) The family member who withdraws the funds under this 152 section is personally liable to the creditors of the decedent 153 and any other person rightfully entitled to the funds under the 154 Florida Probate Code to the extent the amount paid exceeds the 155 amount properly attributable to the family member’s share. 156 (7) The financial institution shall maintain a copy or an 157 image of the affidavit in accordance with its customary 158 retention policies. If a surviving spouse or descendant of the 159 decedent requests a copy of the affidavit during such time, the 160 financial institution may provide a copy of the affidavit to the 161 requesting surviving spouse or descendant of the decedent. 162 (8) In addition to any other penalty provided by law, a 163 person who knowingly makes a false statement in a sworn 164 affidavit given to a financial institution to receive a 165 decedent’s funds under this section commits theft, punishable as 166 provided in s. 812.014. 167 Section 3. Section 735.304, Florida Statutes, is created to 168 read: 169 735.304 Disposition without administration of intestate 170 property in small estates.— 171 (1) No administration shall be required or formal 172 proceedings instituted upon the estate of a decedent who has 173 died intestate leaving only personal property exempt under the 174 provisions of s. 732.402, personal property exempt from the 175 claims of creditors under the State Constitution, and nonexempt 176 personal property the value of which does not exceed the sum of 177 $10,000 and the amount of preferred funeral expenses and 178 reasonable and necessary medical and hospital expenses of the 179 last 60 days of the last illness, provided the decedent has been 180 deceased for more than 1 year and no administration of the 181 decedent’s estate is pending in this state.