Florida Senate - 2026                                     SB 120
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00239-26                                            2026120__
    1                        A bill to be entitled                      
    2         An act relating to contract protection for elderly
    3         persons and disabled adults; creating s. 430.055,
    4         F.S.; providing a short title; defining terms;
    5         requiring that all contracts involving an elderly
    6         person or a disabled adult be in that person’s primary
    7         language; requiring a contracting party to conduct a
    8         comprehensive review of the contract before an elderly
    9         person or disabled adult signs the contract; requiring
   10         that the comprehensive review include certain
   11         information; requiring a contracting party to record a
   12         video that depicts the contracting process and the
   13         elderly person or disabled adult signing the contract;
   14         requiring that such video be stored by the contracting
   15         entity for a specified amount of time after the
   16         contract is signed; providing that the video may be
   17         accessed only under certain circumstances; providing
   18         penalties; authorizing harmed parties to seek civil
   19         remedies; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 430.055, Florida Statutes, is created to
   24  read:
   25         430.055 Elderly and disabled adult contract protection.—
   26         (1) SHORT TITLE.—This section may be cited as the “Elderly
   27  and Disabled Adult Contract Protection Act.”
   28         (2) DEFINITIONS.—As used in this section, the term:
   29         (a) “Cognitive impairment” means a deficiency in cognitive
   30  functioning, including a person’s short-term or long-term
   31  memory; orientation as to person, place, and time; deductive or
   32  abstract reasoning; judgment as it relates to safety awareness;
   33  or reading comprehension.
   34         (b) “Contract” means any agreement that affects an
   35  individual’s legal rights or property, including documents
   36  conferring power of attorney or a deed instrument.
   37         (c) “Disabled adult” means any person between 18 and 60
   38  years of age who has one or more permanent physical or mental
   39  limitations that restrict his or her ability to perform the
   40  normal activities of daily living or impede his or her capacity
   41  to live independently.
   42         (d) “Elderly” means a person 60 years of age or older.
   43         (e) “Primary language” means the language a person uses
   44  most frequently and comfortably to communicate or the language
   45  in which a person has the greatest literacy.
   46         (3) REQUIREMENTS FOR CONTRACTING WITH ELDERLY PERSONS AND
   47  DISABLED ADULTS.—
   48         (a) Language requirements.—All contracts involving either
   49  an elderly person or a disabled adult as a party must be in such
   50  person’s primary language.
   51         (b) Verification of understanding.—
   52         1. Before an elderly person or a disabled adult signs any
   53  contract that involves the transfer or waiver of rights,
   54  including, but not limited to, contracts related to powers of
   55  attorney, deeds, financial records, or medical records, the
   56  contracting party must conduct a comprehensive review of the
   57  contract.
   58         2. The comprehensive review must include a detailed
   59  explanation of all terms and implications of the contract.
   60         (c) Video recording requirement.—
   61         1. The contracting party shall record a video of the
   62  contracting process which depicts the contracting party
   63  conducting the comprehensive review of the contract with the
   64  elderly person or the disabled adult and the elderly person or
   65  disabled adult signing the contract to ensure that such person
   66  is not under duress or undue influence during the contracting
   67  process. Such video must memorialize the elderly person’s or
   68  disabled adult’s understanding of and agreement to the contract.
   69         2. The video recording must be securely stored by the
   70  contracting entity for a minimum of 5 years after the signing of
   71  the contract.
   72         3. The video may be accessed only with the consent of the
   73  elderly person or the disabled adult or as required by law.
   74         (4) ENFORCEMENT AND PENALTIES.—
   75         (a) Failure to comply with this act constitutes a violation
   76  punishable by a fine not exceeding $10,000 for the first offense
   77  and $25,000 for subsequent offenses.
   78         (b) Individuals harmed by violations of this act may pursue
   79  civil remedies, including, but not limited to, the rescission of
   80  the contract and damages.
   81         Section 2. This act shall take effect July 1, 2026.