Florida Senate - 2024 SB 556 By Senator Rouson 16-00063A-24 2024556__ 1 A bill to be entitled 2 An act relating to protection of specified adults; 3 creating s. 415.10341, F.S.; defining terms; providing 4 legislative findings and intent; authorizing financial 5 institutions, under certain circumstances, to delay a 6 disbursement or transaction from an account of a 7 specified adult; requiring the financial institution 8 to make certain information available upon request by 9 certain entities; specifying that a delay on a 10 disbursement or transaction expires on a certain date; 11 authorizing the financial institution to extend the 12 delay under certain circumstances; authorizing a court 13 of competent jurisdiction to shorten or extend the 14 delay; providing construction; granting financial 15 institutions immunity from certain liability; 16 providing construction; requiring financial 17 institutions to take certain actions before placing a 18 delay on a disbursement or transaction; providing 19 construction; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 415.10341, Florida Statutes, is created 24 to read: 25 415.10341 Protection of specified adults.— 26 (1) As used in this section, the term: 27 (a) “Financial exploitation” means the wrongful or 28 unauthorized taking, withholding, appropriation, or use of 29 money, assets, or property of a specified adult; or any act or 30 omission by a person, including through the use of a power of 31 attorney, guardianship, or conservatorship of a specified adult, 32 to: 33 1. Obtain control over the specified adult’s money, assets, 34 or property through deception, intimidation, or undue influence 35 to deprive him or her of the ownership, use, benefit, or 36 possession of the money, assets, or property; or 37 2. Divert the specified adult’s money, assets, or property 38 to deprive him or her of the ownership, use, benefit, or 39 possession of the money, assets, or property. 40 (b) “Financial institution” means a state financial 41 institution or a federal financial institution as those terms 42 are defined under s. 655.005(1). 43 (c) “Specified adult” means a natural person 65 years of 44 age or older, or a vulnerable adult as defined in s. 415.102. 45 (d) “Trusted contact” means a natural person 18 years of 46 age or older whom the account owner has expressly identified and 47 recorded in a financial institution’s books and records as the 48 person who may be contacted about the account. 49 (2) The Legislature finds that many persons in this state, 50 because of age or disability, are at increased risk of financial 51 exploitation and loss of their assets, funds, investments, and 52 investment accounts. The Legislature further finds that 53 specified adults in this state are at a statistically higher 54 risk of being targeted for financial exploitation, regardless of 55 diminished capacity or other disability, because of their 56 accumulation of substantial assets and wealth compared to 57 younger age groups. In enacting this section, the Legislature 58 recognizes the freedom of specified adults to manage their 59 assets, make investment choices, and spend their funds, and 60 intends that such rights may not be infringed absent a 61 reasonable belief of financial exploitation as provided in this 62 section. The Legislature therefore intends to provide for the 63 prevention of financial exploitation of such persons. The 64 Legislature intends to encourage the constructive involvement of 65 financial institutions that take action based upon the 66 reasonable belief that specified adults who have accounts with 67 such financial institutions have been or are the subject of 68 financial exploitation, and to provide financial institutions 69 and their employees immunity from liability for taking actions 70 as authorized herein. The Legislature intends to balance the 71 rights of specified adults to direct and control their assets, 72 funds, and investments and to exercise their constitutional 73 rights consistent with due process with the need to provide 74 financial institutions the ability to place narrow, time-limited 75 restrictions on these rights in an effort to decrease specified 76 adults’ risk of loss due to abuse, neglect, or financial 77 exploitation. 78 (3) If a financial institution reports suspected financial 79 exploitation of a specified adult pursuant to s. 415.1034, it 80 may delay a disbursement or transaction from an account of a 81 specified adult or an account for which a specified adult is a 82 beneficiary or beneficial owner if all of the following apply: 83 (a) The financial institution immediately initiates an 84 internal review of the facts and circumstances that caused an 85 employee of the financial institution to report suspected 86 financial exploitation. 87 (b) Not later than 3 business days after the date on which 88 the delay was first placed, the financial institution: 89 1. Notifies in writing all parties authorized to transact 90 business on the account and any trusted contact on the account, 91 using the contact information provided for the account, with the 92 exception of any party an employee of the financial institution 93 reasonably believes has engaged in, is engaging in, has 94 attempted to engage in, or will attempt to engage in the 95 suspected financial exploitation of the specified adult. The 96 notice, which may be provided electronically, must provide the 97 reason for the delay. 98 2. Creates and maintains for at least 5 years from the date 99 of the delayed disbursement or transaction a written or 100 electronic record of the delayed disbursement or transaction 101 that includes, at minimum, the following information: 102 a. The date on which the delay was first placed. 103 b. The name and address of the specified adult. 104 c. The business location of the financial institution. 105 d. The name and title of the employee who reported 106 suspected financial exploitation of the specified adult pursuant 107 to s. 415.1034. 108 e. The facts and circumstances that caused the employee to 109 report suspected financial exploitation. 110 (4) The financial institution must make the information 111 required in subparagraph (3)(b)2. available for review upon 112 request by the department, any law enforcement agency conducting 113 an investigation under s. 415.104, or any state or federal 114 agency with regulatory authority over the financial institution. 115 (5) A delay on a disbursement or transaction under 116 subsection (3) expires 15 business days after the date on which 117 the delay was first placed. However, the financial institution 118 may extend the delay for up to 10 additional business days if 119 the financial institution’s review of the available facts and 120 circumstances continues to support the reasonable belief that 121 financial exploitation of the specified adult has occurred, is 122 occurring, has been attempted, or will be attempted. The length 123 of the delay may be shortened or extended at any time by a court 124 of competent jurisdiction. This subsection does not prevent a 125 financial institution from terminating a delay after 126 communication with the parties authorized to transact business 127 on the account and any trusted contact on the account. 128 (6) A financial institution that acts in good faith and 129 exercises reasonable care to comply with this section is immune 130 from any administrative or civil liability that might otherwise 131 arise from such delay in a disbursement or transaction in 132 accordance with this section. This subsection does not supersede 133 or diminish any immunity granted elsewhere in this chapter. 134 (7) Before placing a delay on a disbursement or transaction 135 pursuant to this section, a financial institution must do all of 136 the following: 137 (a) Develop training policies or programs reasonably 138 designed to educate employees on issues pertaining to financial 139 exploitation of specified adults. 140 (b) Conduct training for all employees at least annually 141 and maintain a written record of all trainings conducted. 142 (c) Develop, maintain, and enforce written procedures 143 regarding the manner in which suspected financial exploitation 144 is reviewed internally, including, if applicable, the manner in 145 which suspected financial exploitation is required to be 146 reported to supervisory personnel. 147 (8) Absent a reasonable belief of financial exploitation as 148 provided in this section, this section does not otherwise alter 149 a financial institution’s obligations to all parties authorized 150 to transact business on an account and any trusted contact named 151 on such account. 152 (9) This section does not create new rights for or impose 153 new obligations on a financial institution under other 154 applicable law. 155 Section 2. This act shall take effect July 1, 2024.