Florida Senate - 2024                              CS for SB 556
       
       
        
       By the Committee on Banking and Insurance; and Senator Rouson
       
       
       
       
       
       597-02150-24                                           2024556c1
    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; specifying that a delay on a
    8         disbursement or transaction expires on a certain date;
    9         authorizing the financial institution to extend the
   10         delay under certain circumstances; authorizing a court
   11         of competent jurisdiction to shorten or extend the
   12         delay; providing construction; granting financial
   13         institutions immunity from certain liability;
   14         providing construction; requiring financial
   15         institutions to take certain actions before placing a
   16         delay on a disbursement or transaction; providing
   17         construction; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 415.10341, Florida Statutes, is created
   22  to read:
   23         415.10341 Protection of specified adults.—
   24         (1)As used in this section, the term:
   25         (a)“Financial exploitation” means the wrongful or
   26  unauthorized taking, withholding, appropriation, or use of
   27  money, assets, or property of a specified adult; or any act or
   28  omission by a person, including through the use of a power of
   29  attorney, guardianship, or conservatorship of a specified adult,
   30  to:
   31         1.Obtain control over the specified adult’s money, assets,
   32  or property through deception, intimidation, or undue influence
   33  to deprive him or her of the ownership, use, benefit, or
   34  possession of the money, assets, or property; or
   35         2.Divert the specified adult’s money, assets, or property
   36  to deprive him or her of the ownership, use, benefit, or
   37  possession of the money, assets, or property.
   38         (b)“Financial institution” means a state financial
   39  institution or a federal financial institution as those terms
   40  are defined under s. 655.005(1).
   41         (c)“Specified adult” means a natural person 65 years of
   42  age or older, or a vulnerable adult as defined in s. 415.102.
   43         (d)“Trusted contact” means a natural person 18 years of
   44  age or older whom the account owner has expressly identified and
   45  recorded in a financial institution’s books and records as the
   46  person who may be contacted about the account.
   47         (2)The Legislature finds that many persons in this state,
   48  because of age or disability, are at increased risk of financial
   49  exploitation and loss of their assets, funds, investments, and
   50  investment accounts. The Legislature further finds that
   51  specified adults in this state are at a statistically higher
   52  risk of being targeted for financial exploitation, regardless of
   53  diminished capacity or other disability, because of their
   54  accumulation of substantial assets and wealth compared to
   55  younger age groups. In enacting this section, the Legislature
   56  recognizes the freedom of specified adults to manage their
   57  assets, make investment choices, and spend their funds, and
   58  intends that such rights may not be infringed absent a
   59  reasonable belief of financial exploitation as provided in this
   60  section. The Legislature therefore intends to provide for the
   61  prevention of financial exploitation of such persons. The
   62  Legislature intends to encourage the constructive involvement of
   63  financial institutions that take action based upon the
   64  reasonable belief that specified adults who have accounts with
   65  such financial institutions have been or are the subject of
   66  financial exploitation, and to provide financial institutions
   67  and their employees immunity from liability for taking actions
   68  as authorized herein. The Legislature intends to balance the
   69  rights of specified adults to direct and control their assets,
   70  funds, and investments and to exercise their constitutional
   71  rights consistent with due process with the need to provide
   72  financial institutions the ability to place narrow, time-limited
   73  restrictions on these rights in an effort to decrease specified
   74  adults’ risk of loss due to abuse, neglect, or financial
   75  exploitation.
   76         (3)If a financial institution reports suspected financial
   77  exploitation of a specified adult pursuant to s. 415.1034, it
   78  may delay a disbursement or transaction from an account of a
   79  specified adult or an account for which a specified adult is a
   80  beneficiary or beneficial owner if all of the following apply:
   81         (a)The financial institution immediately initiates an
   82  internal review of the facts and circumstances that caused an
   83  employee of the financial institution to report suspected
   84  financial exploitation.
   85         (b)Not later than 3 business days after the date on which
   86  the delay was first placed, the financial institution:
   87         1.Notifies in writing all parties authorized to transact
   88  business on the account and any trusted contact on the account,
   89  using the contact information provided for the account, with the
   90  exception of any party an employee of the financial institution
   91  reasonably believes has engaged in, is engaging in, has
   92  attempted to engage in, or will attempt to engage in the
   93  suspected financial exploitation of the specified adult. The
   94  notice, which may be provided electronically, must provide the
   95  reason for the delay.
   96         2.Creates and maintains for at least 5 years from the date
   97  of the delayed disbursement or transaction a written or
   98  electronic record of the delayed disbursement or transaction
   99  that includes, at minimum, the following information:
  100         a.The date on which the delay was first placed.
  101         b.The name and address of the specified adult.
  102         c.The business location of the financial institution.
  103         d.The name and title of the employee who reported
  104  suspected financial exploitation of the specified adult pursuant
  105  to s. 415.1034.
  106         e.The facts and circumstances that caused the employee to
  107  report suspected financial exploitation.
  108         (4)A delay on a disbursement or transaction under
  109  subsection (3) expires 15 business days after the date on which
  110  the delay was first placed. However, the financial institution
  111  may extend the delay for up to 30 additional business days if
  112  the financial institution’s review of the available facts and
  113  circumstances continues to support the reasonable belief that
  114  financial exploitation of the specified adult has occurred, is
  115  occurring, has been attempted, or will be attempted. The length
  116  of the delay may be shortened or extended at any time by a court
  117  of competent jurisdiction. This subsection does not prevent a
  118  financial institution from terminating a delay after
  119  communication with the parties authorized to transact business
  120  on the account and any trusted contact on the account.
  121         (5)A financial institution that acts in good faith and
  122  exercises reasonable care to comply with this section is immune
  123  from any administrative or civil liability that might otherwise
  124  arise from such delay in a disbursement or transaction in
  125  accordance with this section. This subsection does not supersede
  126  or diminish any immunity granted elsewhere in this chapter.
  127         (6)Before placing a delay on a disbursement or transaction
  128  pursuant to this section, a financial institution must do all of
  129  the following:
  130         (a)Develop training policies or programs reasonably
  131  designed to educate employees on issues pertaining to financial
  132  exploitation of specified adults.
  133         (b)Conduct training for all employees as soon as
  134  reasonably practicable and maintain a written record of all
  135  trainings conducted. With respect to an individual who begins
  136  employment with a covered financial institution after July 1,
  137  2024, such training must be conducted within 1 year after the
  138  date on which the individual becomes employed by or affiliated
  139  or associated with the covered financial institution.
  140         (c)Develop, maintain, and enforce written procedures
  141  regarding the manner in which suspected financial exploitation
  142  is reviewed internally, including, if applicable, the manner in
  143  which suspected financial exploitation is required to be
  144  reported to supervisory personnel.
  145         (7)Absent a reasonable belief of financial exploitation as
  146  provided in this section, this section does not otherwise alter
  147  a financial institution’s obligations to all parties authorized
  148  to transact business on an account and any trusted contact named
  149  on such account.
  150         (8)This section does not create new rights for or impose
  151  new obligations on a financial institution under other
  152  applicable law.
  153         Section 2. This act shall take effect July 1, 2024.