Florida HB 1337: Anchoring Limitation Areas

Bill Text

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An act relating to estates; amending ss. 655.933 and 2
655.936, F.S.; revising the responsibilities a lessor 3
of a safe-deposit box has to certain persons; amending 4
s. 733.603, F.S.; revising the issues a court may 5
resolve for a personal representative; amending s. 6
733.612, F.S.; revising the list of transactions a 7
personal representative may make if acting reasonably 8
for the benefit of certain persons; creating s. 9
733.6125, F.S.; requiring the court to award taxable 10
costs and attorney fees in certain proceedings; 11
authorizing the court to direct such payment from 12
certain persons; providing that such payment may be 13
satisfied from certain property; amending s. 733.6171, 14
F.S.; revising what constitutes an extraordinary 15
service of an attorney; making technical changes; 16
amending s. 735.201, F.S.; revising when summary 17
administration proceedings may commence for either a 18
resident or nonresident decedent's estate; amending s. 19
735.302, F.S.; revising the sum at which an 20
overpayment of taxes by a decedent may be refunded by 21
the United States Treasury Department; amending s. 22
735.303, F.S.; revising the sum for funds certain 23
financial institutions may make payable to a 24
decedent's family member; conforming provisions to 25

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changes made by the act; amending s. 735.304, F.S.; 26
revising the prohibition against certain proceedings 27
for a decedent when he or she dies intestate and 28
leaves only certain personal property worth a 29
specified sum; reenacting s. 655.937(1)(b), F.S., 30
relating to access to safe-deposit boxes leased in two 31
or more names, to incorporate the amendment made to s. 32
655.933, F.S., in a reference thereto; reenacting s. 33
734.101(4), F.S., relating to foreign personal 34
representatives, to incorporate the amendment made to 35
s. 655.936, F.S., in a reference thereto; reenacting 36
s. 733.106(4), F.S., relating to costs and attorney 37
fees, to incorporate the amendment made to s. 38
733.6171, F.S., in a reference thereto; providing an 39
effective date. 40
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Be It Enacted by the Legislature of the State of Florida: 42
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Section 1. Section 655.933, Florida Statutes, is amended 44
to read: 45
655.933 Access by fiduciaries.—If a safe-deposit box is 46
made available by a lessor to one or more persons acting as 47
fiduciaries, the lessor may, except as otherwise expressly 48
provided in the lease or the writings pursuant to which such 49
fiduciaries are acting, allow access thereto as follows: 50

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(1) Must allow access to the safe-deposit box by any one 51
or more of the persons acting as personal representatives who 52
present the lessor with a copy of the letters of administration; 53
and. 54
(2) May allow access to the safe-deposit box by: 55
(a) Any one or more of the persons otherwise acting as 56
fiduciaries if authorized in writing, which writing is signed by 57
all other persons so acting; or. 58
(b)(3) By Any agent authorized in writing, which writing 59
is signed by all persons acting as fiduciaries. 60
Section 2. Subsection (1) of section 655.936, Florida 61
Statutes, is amended to read: 62
655.936 Delivery of safe-deposit box contents or property 63
held in safekeeping to personal representative.— 64
(1) Subject to the provisions of subsection (3), the 65
lessor shall: 66
(a) Immediately deliver to a personal representative 67
appointed by a court in this state, upon presentation of a 68
certified copy of his or her letters of authority, all property 69
deposited with it by the decedent for safekeeping;, and shall 70
(b) Grant the personal representative access to any safe-71
deposit box in the decedent's name and allow permit him or her 72
to remove from such box any part or all of the contents thereof; 73
and 74
(c) Allow the personal representative or the personal 75

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representative's attorney to pay the accumulated charges and 76
terminate the lease. 77
Section 3. Section 733.603, Florida Statutes, is amended 78
to read: 79
733.603 Personal representative to proceed without court 80
order.—A personal representative shall proceed expeditiously 81
with the settlement and distribution of a decedent's estate and, 82
except as otherwise specified by this code