Florida Statute 655.79 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVIII
BANKS AND BANKING

Chapter 655
FINANCIAL INSTITUTIONS GENERALLY

View Entire Chapter

F.S. 655.79

655.79 Deposits and accounts in two or more names; presumption as to vesting on death.—

(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 shall be presumed to have been intended by such persons to provide that, upon the death of any one of them, all rights, title, interest, and claim in, to, and in respect of such deposit account, less all proper setoffs and charges in favor of the institution, vest in the surviving person or persons. Any deposit or account made in the name of two persons who are husband and wife shall be considered a tenancy by the entirety unless otherwise specified in writing.

(2) The presumption created in this section may be overcome only by proof of fraud or undue influence or clear and convincing proof of a contrary intent. In the absence of such proof, all rights, title, interest, and claims in, to, and in respect of such deposits and account and the additions thereto, and the obligation of the institution created thereby, less all proper setoffs and charges in favor of the institution against any one or more of such persons, upon the death of any such person, vest in the surviving person or persons, notwithstanding the absence of proof of any donative intent or delivery, possession, dominion, control, or acceptance on the part of any person and notwithstanding that the provisions hereof may constitute or cause a vesting or disposition of property or rights or interests therein, testamentary in nature, which, except for the provisions of this section, would or might otherwise be void or voidable.

(3) This section does not abridge, impair, or affect the validity, effectiveness, or operation of any of the provisions of ss. 655.78 and 674.405 or the rights of institutions to make payments as therein provided.

History.—s. 48, ch. 92-303; s. 8, ch. 2008-75.

F.S. 655.79 on Google Scholar

F.S. 655.79 on Casetext

Amendments to 655.79

Arrestable Offenses / Crimes under Fla. Stat. 655.79

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 655.79.

Annotations, Discussions, Cases:

Cases Citing Statute 655.79

Total Results: 18

LOUMPOS v. RAYMOND JAMES & ASSOCIATES, INC., BANK ONE

Court: District Court of Appeal of Florida | Date Filed: 2024-08-02

Snippet: entireties account. She also relied on section 655.79(1), Florida Statutes (2017), arguing that it codified

GROVER L. LARKINS, JR. v. SERGIO L. MENDEZ, etc.

Court: District Court of Appeal of Florida | Date Filed: 2023-05-17

Snippet: The controlling statute, though – section 655.79 of the Florida Statutes – is clear and unambiguous

STOREY MOUNTAIN, LLC a/a/o IBERIABANK v. MAJESTIC LAND HOLDINGS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2023-02-15

Snippet: overcome the statutory presumption created by section 655.79(1), Florida Statutes (2011), in favor of the account

STEFANO VERSACE v. URUVEN, LLC

Court: District Court of Appeal of Florida | Date Filed: 2022-10-12

Snippet: did more than that in in 2008 by amending section 655.79(1), Florida Statutes, to provide: “Any deposit

JAMES J. GIBSON & DR. LORI G. GIBSON v. WACHOVIA BANK

Court: District Court of Appeal of Florida | Date Filed: 2018-07-13

Citation: 255 So. 3d 944

Snippet: unless otherwise specified in writing." § 655.79(1), Fla. Stat. (2014). Our record is devoid of

Keul v. Hodges Blvd. Presbyterian Church

Court: District Court of Appeal of Florida | Date Filed: 2015-11-24

Citation: 180 So. 3d 1074, 2015 Fla. App. LEXIS 17713, 2015 WL 7444212

Snippet: that the magistrate incorrectly applied section 655.79 of the Florida Statutes, as it relates to ownership

Joseph H. Brown v. Frank Brown, Jr.

Court: District Court of Appeal of Florida | Date Filed: 2014-09-22

Citation: 149 So. 3d 108

Snippet: ultimately issued a report concluding that section 655.79, Florida Statutes, governed the disposition of

Karr v. Vitry

Court: District Court of Appeal of Florida | Date Filed: 2014-01-24

Citation: 135 So. 3d 372, 2014 WL 258753, 2014 Fla. App. LEXIS 742

Snippet: survivorship in her favor by virtue of section 655.79, Florida Statutes (2012).2 Because there was no

Wexler v. Rich

Court: District Court of Appeal of Florida | Date Filed: 2012-02-22

Citation: 80 So. 3d 1097, 2012 WL 555482, 2012 Fla. App. LEXIS 2662

Snippet: parties have not argued the application of section 655.79(1), Florida Statutes (2009), apparently believing

LAURITSEN v. Wallace

Court: District Court of Appeal of Florida | Date Filed: 2011-04-01

Citation: 67 So. 3d 285, 2011 Fla. App. LEXIS 4666, 2011 WL 1195873

Snippet: creditors of the decedent's probate estate. See § 655.79, Fla. Stat. (2007) (permitting bank accounts to

Caputo v. Nouskhajian

Court: District Court of Appeal of Florida | Date Filed: 2004-03-19

Citation: 871 So. 2d 266, 2004 Fla. App. LEXIS 3505, 2004 WL 533555

Snippet: to fund the trust. Karen maintains that section 655.79, Florida Statutes (2000), allows the presumption

Beal Bank, SSB v. Almand and Associates

Court: Supreme Court of Florida | Date Filed: 2001-03-01

Citation: 780 So. 2d 45, 26 Fla. L. Weekly Supp. 106, 2001 Fla. LEXIS 408, 2001 WL 197031

Snippet: enact such a requirement. For example, section 655.79(1), Florida Statutes (2000), provides that when

Miller v. Bristow

Court: District Court of Appeal of Florida | Date Filed: 1998-01-09

Citation: 704 So. 2d 727, 1998 Fla. App. LEXIS 81, 1998 WL 24178

Snippet: complaint against Miller was filed pursuant to section 655.79(2), Florida Statutes (1993). This statute addresses

Mulato v. Mulato

Court: District Court of Appeal of Florida | Date Filed: 1997-12-24

Citation: 705 So. 2d 57, 1997 WL 821464

Snippet: of her survivorship rights. According to section 655.79, Florida Statutes (1995): [A] deposit account in

Herring v. Henderson

Court: District Court of Appeal of Florida | Date Filed: 1996-03-20

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

Snippet: the certificate of deposit pursuant to section 655.79, Florida Statutes (Supp.1992),2 *147and since that

Sitomer v. Orlan

Court: District Court of Appeal of Florida | Date Filed: 1995-08-30

Citation: 660 So. 2d 1111, 1995 WL 509260

Snippet: However, for bank and credit union accounts, section 655.79, Florida Statutes (1993), creates the presumption

Davis v. Foulkrod

Court: District Court of Appeal of Florida | Date Filed: 1994-09-21

Citation: 642 So. 2d 1129, 1994 Fla. App. LEXIS 8999, 1994 WL 513930

Snippet: 92-303, § 48, Laws of Fla. [now codified as § 655.79, Fla.Stat. (1993)].

Campbell v. Kauffman Milling Co.

Court: Supreme Court of Florida | Date Filed: 1900-06-15

Citation: 42 Fla. 328

Snippet: Gibbens was indebted to orator in the sum of $2,655.79 then past due and owing, and also had in his hands