Florida Statute 655.83 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVIII
BANKS AND BANKING

Chapter 655
FINANCIAL INSTITUTIONS GENERALLY

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F.S. 655.83

655.83 Adverse claim to a deposit or fiduciary account.—Notice to any institution of an adverse claim to a deposit or fiduciary account standing on its books to the credit of any person does not obligate the institution to recognize the adverse claimant unless the adverse claimant also either:

(1) Procures a restraining order, injunction, or other appropriate process having specific application to the institution issued by a court of competent jurisdiction in a cause therein instituted by such claimant wherein the person to whose credit the deposit or fiduciary account stands is made a party and served with process; or

(2) Obtains in favor of the institution, in a form, amount, and with sureties acceptable to it, a bond indemnifying the institution from any and all liability (including liabilities for penalties), loss, damage, costs, and expenses should it act to give effect to the adverse claim, including the decision not to honor the check or other order of the person to whose credit the deposit or fiduciary account stands on the books of the institution. Upon receipt of such bond, the institution shall hold the account pending agreement between the claimant and the person to whose credit the deposit or fiduciary account stands on the books of the institution or pending receipt of a restraining order, injunction, or other process pursuant to subsection (1).

History.—s. 51, ch. 92-303.

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Amendments to 655.83

Arrestable Offenses / Crimes under Fla. Stat. 655.83

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 655.83.

Annotations, Discussions, Cases:

Cases Citing Statute 655.83

Total Results: 2

Scott v. NCNB Bank Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-08-17T00:00:00-07:00

Citation: 642 So. 2d 582, 1994 Fla. App. LEXIS 8096

Snippet: Section 658.61, Florida Statutes (1991) (now section 655.83, Florida Statutes (1993)), providing an institution

Anonymous Bank v. Florida Department of Banking & Finance

Court: Fla. Dist. Ct. App. | Date Filed: 1987-09-22T00:00:00-07:00

Citation: 512 So. 2d 1112, 12 Fla. L. Weekly 2298, 1987 Fla. App. LEXIS 10348

Snippet: CURIAM. Pursuant to the provisions of Section 655.083(6), Florida Statutes (1985) the Department of Banking