reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 708 - Married Women's Property › 708.10 - Married Women’s Rights; Construction of Law.

708.10 Married women’s rights; construction of law.—This law shall not be construed as:
(1) Relieving a husband from any duty of supporting and maintaining his wife and children;
(2) Abolishing estates by the entireties or any of the incidents thereof;
(3) Abolishing dower or any of the incidents thereof;
(4) Changing the rights of either husband or wife to participate in the distribution of the estate of the other upon his death, as may now or hereafter be provided by law;
(5) Dispensing with the joinder of husband and wife in conveying or mortgaging homestead property.
History.—s. 3, ch. 21932, 1943.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; or
5. The agent acting in a fiduciary capacity for someone other than the principal.
History.—s. 18, ch. 2011-210; s. 6, ch. 2013-90.
2023 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.
2023 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.
2023 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) › 709.2120 - Rejecting power of attorney.

709.2120 Rejecting power of attorney.—
(1) A third person must accept or reject a power of attorney within a reasonable time. Four days, excluding Saturdays, Sundays, and legal holidays, are presumed to be a reasonable time for a financial institution or broker-dealer to accept or reject a power of attorney with respect to:
(a) A banking transaction, if the power of attorney expressly contains authority to conduct banking transactions pursuant to s. 709.2208(1); or
(b) An investment transaction, if the power of attorney expressly contains authority to conduct investment transactions pursuant to s. 709.2208(2).
(2) A third person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
(3) A third person who rejects a power of attorney for any reason other than as provided in paragraph (4)(a) must state in writing the reason for the rejection.
(4) A third person is not required to accept a power of attorney if:
(a) The third person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(b) The third person has knowledge of the termination or suspension of the agent’s authority or of the power of attorney before exercising the power;
(c) A timely request by the third person for an affidavit, English translation, opinion of counsel, or electronic journal or record under s. 709.2119 is refused by the agent;
(d) The power of attorney is witnessed or notarized remotely through the use of online witnesses or notarization, and either the agent is unable to produce the electronic journal or record, or the notary public did not maintain an electronic journal or record of the notarization;
(e) Except as provided in paragraph (b), the third person believes in good faith that the power is not valid or that the agent does not have authority to perform the act requested; or
(f) The third person makes, or has knowledge that another person has made, a report to the local adult protective services office stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
(5) A third person who, in violation of this section, rejects a power of attorney is subject to:
(a) A court order mandating acceptance of the power of attorney; and
(b) Liability for damages, including reasonable attorney fees and costs, incurred in any action or proceeding that confirms, for the purpose tendered, the validity of the power of attorney or mandates acceptance of the power of attorney.
History.—s. 22, ch. 2011-210; s. 8, ch. 2013-90; s. 28, ch. 2019-71.
2023 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) › 709.2121 - Notice.

709.2121 Notice.—
(1) A notice, including a notice of revocation, notice of partial or complete termination by adjudication of incapacity or by the occurrence of an event referenced in the power of attorney, notice of death of the principal, notice of suspension by initiation of proceedings to determine incapacity or to appoint a guardian, or other notice, is not effective until written notice is provided to the agent or any third persons relying upon a power of attorney.
(2) Notice must be in writing and must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person’s last known place of residence or place of business, or a properly directed facsimile or other electronic message.
(3) Notice to a financial institution or broker-dealer must contain the principal’s name and address and the last four digits of the principal’s taxpayer identification number and be directed to an officer or a manager of the financial institution or broker-dealer in this state.
(4) Notice is effective when given, except that notice upon a financial institution, brokerage company, or title insurance company is not effective until 5 days, excluding Saturdays, Sundays, and legal holidays, after it is received.
History.—s. 23, ch. 2011-210; s. 9, ch. 2013-90.
2023 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) › 709.2201 - Authority of agent.

709.2201 Authority of agent.—
(1) Except as provided in this section or other applicable law, an agent may only exercise authority specifically granted to the agent in the power of attorney and any authority reasonably necessary to give effect to that express grant of specific authority. General provisions in a power of attorney which do not identify the specific authority granted, such as provisions purporting to give the agent authority to do all acts that the principal can do, are not express grants of specific authority and do not grant any authority to the agent. Court approval is not required for any action of the agent in furtherance of an express grant of specific authority.
(2) As a confirmation of the law in effect in this state when this part became effective, such authorization may include, without limitation, authority to:
(a) Execute stock powers or similar documents on behalf of the principal and delegate to a transfer agent or similar person the authority to register any stocks, bonds, or other securities into or out of the principal’s or nominee’s name.
(b) Convey or mortgage homestead property. However, if the principal is married, the agent may not mortgage or convey homestead property without joinder of the principal’s spouse or the spouse’s guardian. Joinder by a spouse may be accomplished by the exercise of authority in a power of attorney executed by the joining spouse, and either spouse may appoint the other as his or her agent.
(c) If such authority is specifically granted in a durable power of attorney, make all health care decisions on behalf of the principal, including, but not limited to, those set forth in chapter 765.
(3) Notwithstanding the provisions of this section, an agent may not:
(a) Perform duties under a contract that requires the exercise of personal services of the principal;
(b) Make any affidavit as to the personal knowledge of the principal;
(c) Vote in any public election on behalf of the principal;
(d) Execute or revoke any will or codicil for the principal; or
(e) Exercise powers and authority granted to the principal as trustee or as court-appointed fiduciary.
(4) Subject to s. 709.2202, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.
(5) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed and to property that the principal acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.
(6) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal had performed the act.
History.—s. 24, ch. 2011-210.
2023 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) › 709.2301 - Principles of law and equity.

709.2301 Principles of law and equity.—The common law of agency and principles of equity supplement this part, except as modified by this part or other state law.
History.—s. 27, ch. 2011-210.
2023 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) › 709.2302 - Laws applicable to financial institutions and entities.

709.2302 Laws applicable to financial institutions and entities.—This part does not supersede any other law applicable to financial institutions or other entities, and that law controls if inconsistent with this part.
History.—s. 28, ch. 2011-210.
2023 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) › 709.2303 - Remedies under other law.

709.2303 Remedies under other law.—The remedies under this part are not exclusive and do not abrogate any right or remedy under any other law other than this part.
History.—s. 29, ch. 2011-210.
2023 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) › 709.2401 - Relation to electronic signatures in federal law.

709.2401 Relation to electronic signatures in federal law.—This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, or authorize electronic delivery of any of the notices described in s. 103(b) of that act.
History.—s. 30, ch. 2011-210.
2023 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) › 709.2402 - Effect on existing powers of attorney.

709.2402 Effect on existing powers of attorney.—Except as otherwise provided in this part:
(1) With respect to formalities of execution, this part applies to a power of attorney created on or after October 1, 2011.
(2) With respect to all matters other than formalities of execution, this part applies to a power of attorney regardless of the date of creation.
(3) With respect to a power of attorney existing on October 1, 2011, this part does not invalidate such power of attorney and it shall remain in effect. If a right was acquired under any other law before October 1, 2011, that law continues to apply to the right even if it has been repealed or superseded.
(4) An act of an agent occurring before October 1, 2011, is not affected by this part.
History.—s. 31, ch. 2011-210.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 710 - Transfers to Minors › 710.102 - Definitions.

710.102 Definitions.—As used in this act, the term:
(1) “Adult” means an individual who has attained the age of 21 years.
(2) “Benefit plan” means a retirement plan and may include, but is not limited to, any pension, profit-sharing, stock-bonus, or stock-ownership plan or individual retirement account.
(3) “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person’s own account or for the account of others.
(4) “Conservator” means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor’s property or a person legally authorized to perform substantially the same functions.
(5) “Court” means the circuit court.
(6) “Custodial property” means any interest in property transferred to a custodian under this act and the income from and proceeds of that interest in property.
(7) “Custodian” means a person so designated under s. 710.111 or a successor or substitute custodian designated under s. 710.121.
(8) “Financial institution” means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.
(9) “General power of appointment” means a power of appointment as defined in s. 732.2025(3).
(10) “Legal representative” means an individual’s personal representative or conservator.
(11) “Member of the minor’s family” means the minor’s parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(12) “Minor” means an individual who has not attained the age of 21 years.
(13) “Person” means an individual, corporation, organization, or other legal entity.
(14) “Personal representative” means an executor, administrator, successor personal representative, or special administrator of a decedent’s estate or a person legally authorized to perform substantially the same functions.
(15) “Qualified minor’s trust” means a trust that meets the requirements of s. 2503(c) of the Internal Revenue Code of 1986, as amended.
(16) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(17) “Transfer” means a transaction that creates custodial property under s. 710.111.
(18) “Transferor” means a person who makes a transfer under this act.
(19) “Trust company” means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
History.—s. 1, ch. 85-95; s. 3, ch. 2005-101; s. 1, ch. 2015-140.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 710 - Transfers to Minors › 710.103 - Scope and Jurisdiction.

710.103 Scope and jurisdiction.—
(1) This act applies to a transfer that refers to this act in the designation under s. 710.111(1) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this act despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state.
(2) A person designated as custodian under this act is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
(3) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
History.—s. 1, ch. 85-95.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 710 - Transfers to Minors › 710.104 - Nomination of Custodian.

710.104 Nomination of custodian.—
(1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: “as custodian for (name of minor) under the Florida Uniform Transfers to Minors Act.” The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights, including, but not limited to, the right to a benefit plan, which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(2) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under s. 710.111(1).
(3) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under s. 710.111. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to s. 710.111.
History.—s. 1, ch. 85-95; s. 4, ch. 2005-101.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 710 - Transfers to Minors › 710.105 - Transfer by Gift or Exercise of Power of Appointment.

710.105 Transfer by gift or exercise of power of appointment.—A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to s. 710.111. Notwithstanding s. 710.106, a transfer by irrevocable gift from a trust over which the grantor has at the time of transfer a right of revocation, as defined in s. 733.707(3)(e), shall be treated for all purposes under this act as a transfer made directly by the grantor of the trust.
History.—s. 1, ch. 85-95; s. 2, ch. 2015-140.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 710 - Transfers to Minors › 710.106 - Transfer Authorized by Will or Trust.

710.106 Transfer authorized by will or trust.—
(1) A personal representative or trustee may make an irrevocable transfer pursuant to s. 710.111 to a custodian for the benefit of a minor as authorized in the governing will or trust.
(2) If the testator or settlor has nominated a custodian under s. 710.104 to receive the custodial property, the transfer must be made to that person.
(3) If the testator or settlor has not nominated a custodian under s. 710.104, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under s. 710.111(1).
History.—s. 1, ch. 85-95.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 710 - Transfers to Minors › 710.107 - Other Transfer by Fiduciary.

710.107 Other transfer by fiduciary.—
(1) Subject to subsection (3), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to s. 710.111, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(2) Subject to subsection (3), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to s. 710.111.
(3) A transfer under subsection (1) or subsection (2) may be made only if:
(a) The personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor;
(b) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and
(c) The transfer is authorized by the court if it exceeds $10,000 in value.
History.—s. 1, ch. 85-95.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 710 - Transfers to Minors › 710.108 - Transfer by Obligor.

710.108 Transfer by obligor.—
(1) Subject to subsections (2) and (3), a person not subject to s. 710.106 or s. 710.107 who holds property, including, but not limited to, a benefit plan, of a minor not having a conservator, or who owes a liquidated debt to a minor not having a conservator, may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to s. 710.111.
(2) If a person having the right to do so under s. 710.104 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
(3) If no custodian has been nominated under s. 710.104, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor’s family or to a trust company unless the property exceeds $15,000 in value.
History.—s. 1, ch. 85-95; s. 61, ch. 87-226; s. 5, ch. 2005-101.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 710 - Transfers to Minors › 710.109 - Receipt for Custodial Property.

710.109 Receipt for custodial property.—A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this act.
History.—s. 1, ch. 85-95.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 710 - Transfers to Minors › 710.112 - Single Custodianship.

710.112 Single custodianship.—A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this act by the same custodian for the benefit of the same minor constitutes a single custodianship.
History.—s. 1, ch. 85-95.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 710 - Transfers to Minors › 710.113 - Validity and Effect of Transfer.

710.113 Validity and effect of transfer.—
(1) The validity of a transfer made in a manner prescribed in this act is not affected by:
(a) Failure of the transferor to comply with s. 710.111(3) concerning possession and control;
(b) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under s. 710.111(1); or
(c) Death or incapacity of a person nominated under s. 710.104 or designated under s. 710.111 as custodian or the disclaimer of the office by that person.
(2) A transfer made pursuant to s. 710.111 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this act, and neither the minor nor the minor’s legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this act.
(3) By making a transfer, the transferor incorporates in the disposition all the provisions of this act and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this act.
History.—s. 1, ch. 85-95.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 710 - Transfers to Minors › 710.114 - Care of Custodial Property.

710.114 Care of custodial property.—
(1) A custodian shall:
(a) Take control of custodial property;
(b) Register or record title to custodial property if appropriate; and
(c) Collect, hold, manage, invest, and reinvest custodial property.
(2) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian’s discretion and without liability to the minor or the minor’s estate, may retain any custodial property received from a transferor.
(3) A custodian may invest in or pay premiums on life insurance or endowment policies on the life of the minor only if the minor or the minor’s estate is the sole beneficiary, or on the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor’s estate, or the custodian in the capacity of custodian is the irrevocable beneficiary.
(4) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor’s interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: “as a custodian for   (name of minor)   under the Florida Uniform Transfers to Minors Act.”
(5) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor’s tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.
History.—s. 1, ch. 85-95.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 710 - Transfers to Minors › 710.115 - Powers of Custodian.

710.115 Powers of custodian.—
(1) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(2) This section does not relieve a custodian from liability for breach of s. 710.114.
History.—s. 1, ch. 85-95.