Florida Statute 69.031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 69
MISCELLANEOUS PROCEDURAL MATTERS

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F.S. 69.031

69.031 Designated financial institutions for property in hands of guardians, curators, administrators, trustees, receivers, or other officers.—

(1) When it is expedient in the judgment of any court having jurisdiction of any estate in process of administration by any guardian, curator, executor, administrator, trustee, receiver, or other officer, because the size of the bond required of the officer is burdensome or for other cause, the court may order part or all of the personal property of the estate placed with a bank, trust company, or savings and loan association designated by the court, consideration being given to any bank, trust company, or savings and loan association proposed by the officer. Notwithstanding the foregoing, in probate proceedings and in accordance with s. 733.402, the court shall allow the officer at any time to elect to post and maintain bond for the value of the personal property, or such other reasonable amount determined by the court, whereupon the court shall vacate or terminate any order establishing the depository. When the property is placed with the designated financial institution, it shall file a receipt therefor in the name of the estate and give the officer a copy. Such receipt shall acknowledge the property received by the financial institution. All interest, dividends, principal and other debts collected by the financial institution on account thereof shall be held by the financial institution in safekeeping, subject to the instructions of the officer authorized by order of the court directed to the financial institution.

(2) Accountings shall be made to the officer at reasonably frequent intervals. After the receipt for the original property has been filed by the financial institution, the court shall waive the bond given or to be given or reduce it so that it shall apply only to the estate remaining in the hands of the officer, whichever the court deems proper.

(3) When the court has ordered any property of an estate to be placed with a designated financial institution, any person or corporation having possession or control of any of the property, or owing interest, dividends, principal or other debts on account thereof, shall pay and deliver such property, interest, dividends, principal and other debts to the financial institution on its demand whether the officer has duly qualified or not, and the receipt of the financial institution relieves the person or corporation from further responsibility therefor.

(4) Any bank, trust company, or savings and loan association which is designated under this section, may accept or reject the designation in any instance, and shall file its acceptance or rejection with the court making the designation within 15 days after actual knowledge of the designation comes to the attention of the financial institution, and if the financial institution accepts, it shall be allowed a reasonable amount for its services and expenses which the court may allow as a charge against the property placed with the financial institution.

History.—ss. 1, 2, 3, ch. 21980, 1943; s. 1, ch. 57-198; s. 23, ch. 67-254; s. 1, ch. 2021-183; s. 1, ch. 2021-239.

Note.—Former s. 69.15.

F.S. 69.031 on Google Scholar

F.S. 69.031 on Casetext

Amendments to 69.031

Arrestable Offenses / Crimes under Fla. Stat. 69.031

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 69.031.

Annotations, Discussions, Cases:

Cases Citing Statute 69.031

Total Results: 18

SUZANNE TROMBINO, individually and as Trustee, etc. v. DALE ECHEVERRIA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-21T00:53:00-07:00

Snippet: restrict the sale proceeds under either section 69.031(1), Florida Statutes (2021), or section 736.1001…statutes which Dale relied on in this case, section 69.031(1) or section 736.1001(2)(c), provides an exception…been entered. 1 The first statute, section 69.031(1), provides that the court may order the personal…, 1223 (Fla. 3d DCA 2011) (holding that section 69.031(1) did not support an order in a probate case restricting

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Court: Fla. | Date Filed: 2021-11-04T00:53:00-07:00

Snippet: notes revised. Statutory References § 69.031, Fla. Stat. Designated financial institutions for

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Court: Fla. | Date Filed: 2021-02-17T23:53:00-08:00

Snippet: guardianships. Statutory References § 69.031, Fla. Stat. Designated financial institutions for

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Court: Fla. | Date Filed: 2020-12-30T23:53:00-08:00

Snippet: guardianships. Statutory References § 69.031, Fla. Stat. Designated financial institutions for

In Re: Amendments to the Florida Probate Rules - Guardianship

Court: Fla. | Date Filed: 2020-09-03T00:53:00-07:00

Snippet: financial institution designated pursuant to section 69.031, Florida Statutes. 13. ( ) a.

Goodstein v. Goodstein

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-09T00:00:00-08:00

Citation: 263 So. 3d 78

Snippet: without finding "other cause" under section 69.031(1), Florida Statutes (2017). We affirm because …language controls. See id. According to section 69.031(1) : When it is expedient in the judgment of any…burdensome or (2) "for other cause." See § 69.031(1). Trial courts must look at each case carefully…situations. Considering the application of section 69.031(1) to this case, no bond was required; however,…must be considered on a case-by-case basis. See § 69.031(1). Affirmed. Gerber, C.J., Ciklin and Klingensmith

Goodstein v. Goodstein

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-09T00:00:00-08:00

Citation: 263 So. 3d 78

STEVEN GOODSTEIN v. THE ESTATE OF ANDREW GOODSTEIN

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-08T23:53:00-08:00

Snippet: policy without finding “other cause” under section 69.031(1), Florida Statutes (2017). We affirm because …language controls. See id. According to section 69.031(1): When it is expedient in the judgment …officer is burdensome or (2) “for other cause.” See § 69.031(1). Trial courts must look at each case carefully…situations. Considering the application of section 69.031(1) to this case, no bond was required; however,…must be considered on a case-by-case basis. See § 69.031(1). Affirmed. GERBER, C.J., CIKLIN and KLINGENSMITH

Bankatlantic v. Estate of Glatzer

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-18T00:00:00-07:00

Citation: 61 So. 3d 1222, 2011 Fla. App. LEXIS 7200, 2011 WL 1877839

Snippet: Regarding the Estate’s second argument, section 69.031(1), Florida Statutes (2010), and the cases cited

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2007-02-01T00:00:00-08:00

Citation: 948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Snippet: or required by statute. Statutory References § 69.031, Fla. Stat. Designated financial institutions for

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2003-06-19T00:00:00-07:00

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: Committee notes revised. Statutory References § 69.031, Fla. Stat. Designated financial institutions for

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2000-09-28T00:00:00-07:00

Citation: 778 So. 2d 272, 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

Snippet: of proposed guardian. Statutory References § 69.031, Fla. Stat. Designated financial institutions for

Amendments to Florida Probate Rules

Court: Fla. | Date Filed: 1996-10-03T00:53:00-07:00

Citation: 683 So. 2d 78

Snippet: Committee notes revised. Statutory References 69.031, Fla.Stat. Designated financial institutions for

Florida Department of Insurance v. Centex-Great Southwest Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-07-05T00:00:00-07:00

Citation: 639 So. 2d 646, 1994 Fla. App. LEXIS 6519

Snippet: interest bearing account pursuant to section '69.031, Florida Statutes. GSW deposited the funds in a

Gale v. Harbor Federal Savings & Loan

Court: Fla. Dist. Ct. App. | Date Filed: 1990-12-19T00:00:00-08:00

Citation: 571 So. 2d 114, 1990 Fla. App. LEXIS 9573, 1990 WL 205505

Snippet: to supervise disbursements pursuant to section 69.031, Florida Statutes (1989), the money could have

Clark v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1970-01-30T00:00:00-08:00

Citation: 231 So. 2d 290, 1970 Fla. App. LEXIS 8244

Snippet: PER CURIAM. Affirmed. No. 69-31 District Court of Appeal of Florida fladistctapp Fla

Davis v. Smith

Court: Fla. Dist. Ct. App. | Date Filed: 1969-10-16T00:53:00-07:00

Citation: 227 So. 2d 342

Snippet: Beach, Indian River County, Florida, Appellee. No. 69-31. District Court of Appeal of Florida. Fourth District…and providing an effective date." 69-31 District Court of Appeal of Florida fladistctapp

Speigel v. Knight

Court: Fla. Dist. Ct. App. | Date Filed: 1969-06-10T00:00:00-07:00

Citation: 224 So. 2d 703, 1969 Fla. App. LEXIS 5556

Snippet: with prejudice is hereby Affirmed. No. 69-31 District Court of Appeal of Florida fladistctapp