Florida Statute 655.935 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVIII
BANKS AND BANKING

Chapter 655
FINANCIAL INSTITUTIONS GENERALLY

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F.S. 655.935

655.935 Search procedure on death of lessee.—If satisfactory proof of the death of the lessee is presented, a lessor shall permit the person named in a court order for that purpose, or if no order has been served upon the lessor, the spouse, a parent, an adult descendant, or a person named as a personal representative in a copy of a purported will produced by such person, to open and examine the contents of a safe-deposit box leased or coleased by a decedent, or any documents delivered by a decedent for safekeeping, in the presence of an officer of the lessor.

(1) If requested by such person, the lessor shall remove and deliver only:

(a) Any writing purporting to be a will of the decedent, to the court having probate jurisdiction in the county in which the financial institution is located.

(b) Any writing purporting to be a deed to a burial plot or to give burial instructions, to the person making the request for a search.

(2) The officer of the lessor shall make a complete copy of any document removed and delivered pursuant to this section and place that copy, together with a memorandum of delivery identifying the name of the officer, the person to whom the document was delivered, the purported relationship of the person to whom the document was delivered, and the date of delivery, in the safe-deposit box leased or coleased by the decedent.

(3) The lessor may charge reasonable fees to cover costs incurred pursuant to this section.

(4) Access granted pursuant to this section is not considered the initial opening of the safe-deposit box pursuant to s. 733.6065.

History.—s. 65, ch. 92-303; s. 1, ch. 2006-134; s. 67, ch. 2006-213; s. 2, ch. 2010-132.

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Amendments to 655.935

Arrestable Offenses / Crimes under Fla. Stat. 655.935

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 655.935.

Annotations, Discussions, Cases:

Cases Citing Statute 655.935

Total Results: 4

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2021-10-28

Snippet: safe-deposit box is opened pursuant to section 655.935 of the Florida Statutes, no written inventory of

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2021-10-28

Snippet: safe-deposit box is opened pursuant to section 655.935 of the Florida Statutes, no written inventory of

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2010-12-09

Citation: 51 So. 3d 1146, 35 Fla. L. Weekly Supp. 719, 2010 Fla. LEXIS 2082, 2010 WL 4977543

Snippet: §§ 2, 3, 6, 14, 19, Laws of Fla. (amending §§ 655.935, 731.110, 732.2125, 733.2123 Fla. Stat.; providing

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

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

Snippet: safe-deposit box is opened pursuant to section 655.935 of the Florida Statutes, no written inventory of