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.