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.
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 […]
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 […]
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 […]
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, […]
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 […]
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.
709.2202 – Authority that requires separate signed enumeration.
709.2202 Authority that requires separate signed enumeration.— (1) Notwithstanding s. 709.2201, an agent may exercise the following authority only if the principal signed or initialed next to each specific enumeration of the authority, the exercise of the authority is consistent with the agent’s duties under s. 709.2114, and the exercise is not otherwise prohibited by another agreement […]
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 […]
709.2208 – Banks and other financial institutions.
709.2208 Banks and other financial institutions.— (1) A power of attorney that includes the statement that the agent has “authority to conduct banking transactions as provided in section 709.2208(1), Florida Statutes” grants general authority to the agent to engage in the following transactions with financial institutions without additional specific enumeration in the power of attorney: (a) Establish, continue, […]