Florida Statute 655.78 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVIII
BANKS AND BANKING

Chapter 655
FINANCIAL INSTITUTIONS GENERALLY

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F.S. 655.78

655.78 Deposit accounts in two or more names.—

(1) Unless otherwise expressly provided in a contract, agreement, or signature card executed in connection with the opening or maintenance of an account, including a certificate of deposit, a deposit account in the names of two or more persons may be paid to, or on the order of, either or any of such persons or to, or on the order of, the guardian of the property of any such person who is incompetent, whether the other or others are competent. The check or other order for payment to any such person or guardian is a valid and sufficient release and discharge of the obligation of the institution for funds transferred thereby.

(2) In the case of a credit union, a member may designate any person or persons to hold deposits with the member in joint tenancy with the right of survivorship; but a joint tenant, unless he or she is a member in his or her own right, may not be permitted to vote, obtain a loan, or hold office or be required to pay an entrance or membership fee.

History.—s. 47, ch. 92-303; s. 527, ch. 97-102.

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Amendments to 655.78

Arrestable Offenses / Crimes under Fla. Stat. 655.78

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 655.78.

Annotations, Discussions, Cases:

Cases Citing Statute 655.78

Total Results: 5

Columbia Bank v. Heather Johnson Turbeville

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-30T00:00:00-07:00

Citation: 143 So. 3d 964

Snippet: it was immune from liability pursuant to section 655.78, Florida *969 Statutes, which shields

Sandler v. Jaffe

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-19T00:00:00-07:00

Citation: 913 So. 2d 1205

Snippet: At trial, appellant improperly relied on section 655.78(1), Florida Statutes (2003), to advance her position…she was entitled to withdraw the funds. Section 655.78(1) provides as follows: Unless otherwise expressly…funds transferred thereby. The intent of section 655.78(1) is to protect a financial institution from liability

Mulato v. Mulato

Court: Fla. Dist. Ct. App. | Date Filed: 1997-12-23T23:53:00-08:00

Citation: 705 So. 2d 57

Snippet: with rights of survivorship. According to section 655.78, the funds in a deposit account in the names of

Jones v. Barnett Bank

Court: Fla. Dist. Ct. App. | Date Filed: 1996-04-04T00:00:00-08:00

Citation: 670 So. 2d 1195, 1996 Fla. App. LEXIS 3468

Snippet: § 189, at 2422, Laws of Fla., and replaced by § 655.78, Fla.Stat. (Supp.1992). No. 95-1535

Herring v. Henderson

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-20T00:00:00-08:00

Citation: 670 So. 2d 145, 1996 Fla. App. LEXIS 2633, 1996 WL 119501

Snippet: effectiveness, or operation of any of the provisions of ss. 655.78 and 674.405 or the rights of the institutions to