reglab/housing_qa huggingface dataset:
FL Stat § 709.02 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part I - Powers of Appointment (Ss. 709.02-709.07)|709.02 - Power of appointment; method of release.

709.02 Power of appointment; method of release.—Powers of appointment over any property, real, personal, intangible or mixed, may be released, in whole or in part, by a written instrument signed by the donee or donees of such powers. Such written releases shall be signed in the presence of two witnesses but need not be sealed, acknowledged or recorded in order to be valid, nor shall it be necessary to the validity of such releases for spouses of married donees to join such donees in the execution of releases, in whole or part, of powers of appointment.History.—s. 1, ch. 23007, 1945; s. 795, ch. 97-102.
FL Stat § 709.03 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part I - Powers of Appointment (Ss. 709.02-709.07)|709.03 - Power of appointment; property held in trust.

709.03 Power of appointment; property held in trust.—If property subject to a power of appointment is held in trust by a person, firm or corporation other than the donee or donees of the power, a written release, in whole or in part, of a power to appoint the same shall be delivered to such trustee or trustees before the written release becomes legally effective. In no other instance shall a delivery of a release, in whole or in part, of a power of appointment be necessary to the validity of such release.History.—s. 2, ch. 23007, 1945.
FL Stat § 709.04 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part I - Powers of Appointment (Ss. 709.02-709.07)|709.04 - Power of appointment; effect of release.

709.04 Power of appointment; effect of release.—Any power of appointment wholly released by a written instrument signed by the donee or donees of such power shall be, in legal effect, completely revoked, and shall not, after such release, be subject to being exercised in any manner whatsoever. Any power of appointment partially released by a written instrument signed by the donee or donees of such power shall be, in legal effect, as to such released part, completely revoked, and shall not after such release be subject to being exercised in any manner whatsoever as to such released part.History.—s. 3, ch. 23007, 1945.
FL Stat § 709.05 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part I - Powers of Appointment (Ss. 709.02-709.07)|709.05 - Powers of appointment; validation of prior releases.

709.05 Powers of appointment; validation of prior releases.—All releases, in whole or in part, of powers of appointment heretofore executed in a manner that conforms with the provisions of this law be and they are hereby validated and shall be given the same force and effect as if executed subsequently to the effective date of this law.History.—s. 4, ch. 23007, 1945.
FL Stat § 709.06 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part I - Powers of Appointment (Ss. 709.02-709.07)|709.06 - Powers of appointment included in law.

709.06 Powers of appointment included in law.—Powers of appointment referred to in this law shall include not only those recognized as such by general law but also those designated as such under the tax law of the United States.History.—s. 5, ch. 23007, 1945.
FL Stat § 709.07 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part I - Powers of Appointment (Ss. 709.02-709.07)|709.07 - Power of appointment; effect of release on title to property.

709.07 Power of appointment; effect of release on title to property.—No such release, in whole or in part, of a power of appointment shall affect the title to property of any bona fide purchaser for value who does not have notice or knowledge of such release.History.—s. 7, ch. 23007, 1945.
FL Stat § 709.2101 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2101 - Short title.

709.2101 Short title.—This part may be cited as the “Florida Power of Attorney Act.”History.—s. 3, ch. 2011-210.
FL Stat § 709.2103 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2103 - Applicability.

709.2103 Applicability.—This part applies to all powers of attorney except:(1) A proxy or other delegation to exercise voting rights or management rights with respect to an entity;(2) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose;(3) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;(4) A power created by a person other than an individual;(5) A power given to a transfer agent to facilitate a specific transfer or disposition of one or more identified stocks, bonds, or other financial instruments;(6) A power authorizing a financial institution or broker-dealer, or an employee of the financial institution or broker-dealer, to act as agent for the account owner in executing trades or transfers of cash, securities, commodities, or other financial assets in the regular course of business; and(7) A delegation of powers by a trustee in accordance with s. 736.0807.History.—s. 5, ch. 2011-210; s. 2, ch. 2013-90.
FL Stat § 709.2104 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2104 - Durable power of attorney.

709.2104 Durable power of attorney.—Except as otherwise provided under this part, a power of attorney is durable if it contains the words: “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes,” or similar words that show the principal’s intent that the authority conferred is exercisable notwithstanding the principal’s subsequent incapacity.History.—s. 6, ch. 2011-210.
FL Stat § 709.2105 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2105 - Qualifications of agent; execution of power of attorney.

709.2105 Qualifications of agent; execution of power of attorney.—(1) The agent must be a natural person who is 18 years of age or older or a financial institution that has trust powers, has a place of business in this state, and is authorized to conduct trust business in this state.(2) A power of attorney must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public or as otherwise provided in s. 695.03.(3) If the principal is physically unable to sign the power of attorney, the notary public before whom the principal’s oath or acknowledgment is made may sign the principal’s name on the power of attorney pursuant to s. 117.05(14).History.—s. 7, ch. 2011-210; s. 3, ch. 2013-90.
FL Stat § 709.2106 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2106 - Validity of power of attorney.

709.2106 Validity of power of attorney.—(1) A power of attorney executed on or after October 1, 2011, is valid if its execution complies with s. 709.2105.(2) A power of attorney executed before October 1, 2011, is valid if its execution complied with the law of this state at the time of execution.(3) A power of attorney executed in another state which does not comply with the execution requirements of this part is valid in this state if, when the power of attorney was executed, the power of attorney and its execution complied with the law of the state of execution. A third person who is requested to accept a power of attorney that is valid in this state solely because of this subsection may in good faith request, and rely upon, without further investigation, an opinion of counsel as to any matter of law concerning the power of attorney, including the due execution and validity of the power of attorney. An opinion of counsel requested under this subsection must be provided at the principal’s expense. A third person may reject a power of attorney that is valid in this state solely because of this subsection if the agent does not provide the requested opinion of counsel, and in such case, a third person has no liability for rejecting the power of attorney. This subsection does not affect any other rights of a third person who is requested to accept the power of attorney under this part, or any other provisions of applicable law.(4) A military power of attorney is valid if it is executed in accordance with 10 U.S.C. s. 1044b, as amended. A deployment-contingent power of attorney may be signed in advance, is effective upon the deployment of the principal, and shall be afforded full force and effect by the courts of this state.(5) Except as otherwise provided in the power of attorney, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. Notwithstanding this subsection, an original power of attorney that is relied upon to affect the title to real property may be required for recording in the official records.(6) An original of a properly executed power of attorney may be presented to the clerk of the circuit court for recording in the official records as provided under s. 28.222 upon payment of the service charge as provided under s. 28.24.History.—s. 8, ch. 2011-210; s. 4, ch. 2013-90.
FL Stat § 709.2107 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2107 - Meaning and effectiveness of power of attorney.

709.2107 Meaning and effectiveness of power of attorney.—The meaning and effectiveness of a power of attorney is governed by this part if the power of attorney:(1) Is used in this state; or(2) States that it is to be governed by the laws of this state.History.—s. 9, ch. 2011-210.
FL Stat § 709.2108 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2108 - When power of attorney is effective.

709.2108 When power of attorney is effective.—(1) Except as provided in this section, a power of attorney is exercisable when executed.(2) If a power of attorney executed before October 1, 2011, is conditioned on the principal’s lack of capacity and the power of attorney has not become exercisable before that date, the power of attorney is exercisable upon the delivery of the affidavit of a physician who has primary responsibility for the treatment and care of the principal and who is licensed to practice medicine or osteopathic medicine pursuant to chapter 458 or chapter 459 as of the date of the affidavit. The affidavit executed by the physician must state that the physician is licensed to practice medicine or osteopathic medicine pursuant to chapter 458 or chapter 459, that the physician is the primary physician who has responsibility for the treatment and care of the principal, and that the physician believes that the principal lacks the capacity to manage property.(3) Except as provided in subsection (2) and s. 709.2106(4), a power of attorney is ineffective if the power of attorney provides that it is to become effective at a future date or upon the occurrence of a future event or contingency.History.—s. 10, ch. 2011-210.
FL Stat § 709.2110 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2110 - Revocation of power of attorney.

709.2110 Revocation of power of attorney.—(1) A principal may revoke a power of attorney by expressing the revocation in a subsequently executed power of attorney or other writing signed by the principal. The principal may give notice of the revocation to an agent who has accepted authority under the revoked power of attorney.(2) Except as provided in subsection (1), the execution of a power of attorney does not revoke a power of attorney previously executed by the principal.History.—s. 12, ch. 2011-210.
FL Stat § 709.2111 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2111 - Co-agents and successor agents.

709.2111 Co-agents and successor agents.—(1) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently.(2) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. Unless the power of attorney otherwise provides, a successor agent:(a) Has the same authority as that granted to the original agent; and(b) May not act until the predecessor agents have resigned, have died, have become incapacitated, are no longer qualified to serve, or have declined to serve.(3) Except as otherwise provided in the power of attorney and subsection (4), an agent who does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions or omissions of the other agent.(4) An agent who has actual knowledge of a breach or imminent breach of fiduciary duty by another agent, including a predecessor agent, must take any action reasonably appropriate in the circumstances to safeguard the principal’s best interests. If the agent in good faith believes that the principal is not incapacitated, giving notice to the principal is a sufficient action. An agent who fails to take action as required by this subsection is liable to the principal for the principal’s reasonably foreseeable damages that could have been avoided if the agent had taken such action.(5) A successor agent does not have a duty to review the conduct or decisions of a predecessor agent. Except as provided in subsection (4), a successor agent does not have a duty to institute any proceeding against a predecessor agent, or to file any claim against a predecessor agent’s estate, for any of the predecessor agent’s actions or omissions as agent.(6) If a power of attorney requires that two or more persons act together as co-agents, notwithstanding the requirement that they act together, one or more of the agents may delegate to a co-agent the authority to conduct banking transactions as provided in s. 709.2208(1), whether the authority to conduct banking transactions is specifically enumerated or incorporated by reference to that section in the power of attorney.History.—s. 13, ch. 2011-210.
FL Stat § 709.2112 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2112 - Reimbursement and compensation of agent.

709.2112 Reimbursement and compensation of agent.—(1) Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal.(2) Unless the power of attorney otherwise provides, a qualified agent is entitled to compensation that is reasonable under the circumstances.(3) Notwithstanding any provision in the power of attorney, an agent may not be paid compensation unless the agent is a qualified agent.(4) For purposes of this section, the term “qualified agent” means an agent who is the spouse of the principal, an heir of the principal within the meaning of s. 732.103, a financial institution that has trust powers and a place of business in this state, an attorney or certified public accountant who is licensed in this state, or a natural person who is a resident of this state and who has never been an agent for more than three principals at the same time.History.—s. 14, ch. 2011-210.
FL Stat § 709.2113 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2113 - Agent’s acceptance of appointment.

709.2113 Agent’s acceptance of appointment.—Except as otherwise provided in the power of attorney, a person accepts appointment as an agent by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. The scope of an agent’s acceptance is limited to those aspects of the power of attorney for which the agent’s assertions or conduct reasonably manifests acceptance.History.—s. 15, ch. 2011-210.
FL Stat § 709.2115 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2115 - Exoneration of agent.

709.2115 Exoneration of agent.—A power of attorney may provide that the agent is not liable for any acts or decisions made by the agent in good faith and under the power of attorney, except to the extent the provision:(1) Relieves the agent of liability for breach of a duty committed dishonestly, with improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or(2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.History.—s. 17, ch. 2011-210.
FL Stat § 709.2116 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2116 - Judicial relief; conflicts of interests.

709.2116 Judicial relief; conflicts of interests.—(1) A court may construe or enforce a power of attorney, review the agent’s conduct, terminate the agent’s authority, remove the agent, and grant other appropriate relief.(2) The following persons may petition the court:(a) The principal or the agent, including any nominated successor agent.(b) A guardian, conservator, trustee, or other fiduciary acting for the principal or the principal’s estate.(c) A person authorized to make health care decisions for the principal if the health care of the principal is affected by the actions of the agent.(d) Any other interested person if the person demonstrates to the court’s satisfaction that the person is interested in the welfare of the principal and has a good faith belief that the court’s intervention is necessary.(e) A governmental agency having regulatory authority to protect the welfare of the principal.(f) A person asked to honor the power of attorney.(3) In any proceeding commenced by filing a petition under this section, including, but not limited to, the unreasonable refusal of a third person to allow an agent to act pursuant to the power of attorney, and in challenges to the proper exercise of authority by the agent, the court shall award reasonable attorney fees and costs as in chancery actions.(4) If an agent’s exercise of a power is challenged in a judicial proceeding brought by or on behalf of the principal on the grounds that the exercise of the power was affected by a conflict of interest, and evidence is presented that the agent or an affiliate of the agent had a personal interest in the exercise of the power, the agent or affiliate has the burden of proving, by clear and convincing evidence that the agent acted:(a) Solely in the interest of the principal; or(b) In good faith in the principal’s best interest, and the conflict of interest was expressly authorized in the power of attorney.(5) For purposes of subsection (4):(a) A provision authorizing an agent to engage in a transaction affected by a conflict of interest which is inserted into a power of attorney as the result of the abuse of a fiduciary or confidential relationship with the principal by the agent or the agent’s affiliate is invalid.(b) Affiliates of an agent include:1. The agent’s spouse;2. The agent’s descendants, siblings, parents, or their spouses;3. A corporation or other entity in which the agent, or a person who owns a significant interest in the agent, has an interest that might affect the agent’s best judgment;4. A person or entity that owns a significant interest in the agent; or5. The agent acting in a fiduciary capacity for someone other than the principal.History.—s. 18, ch. 2011-210; s. 6, ch. 2013-90.
FL Stat § 709.2117 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2117 - Agent’s liability.

709.2117 Agent’s liability.—An agent who violates this part is liable to the principal or the principal’s successors in interest for the amount required to:(1) Restore the value of the principal’s property to what it would have been had the violation not occurred; and(2) Reimburse the principal or the principal’s successors in interest for the attorney’s fees and costs paid from the principal’s funds on the agent’s behalf in defense of the agent’s actions.History.—s. 19, ch. 2011-210.
FL Stat § 709.2118 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 709 - Powers of Attorney and Similar Instruments|Part II - Powers of Attorney (Ss. 709.2101-709.2402)|709.2118 - Agent’s resignation.

709.2118 Agent’s resignation.—Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal, to the guardian if the principal is incapacitated and one has been appointed for the principal, and to any co-agent, or if none, the next successor agent.History.—s. 20, ch. 2011-210.