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Florida Statute 709.2402 - Full Text and Legal Analysis Florida Statute 709.2402 | Lawyer Caselaw & Research
Fla. Stat. § 709.2402 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
709.2402 Effect on existing powers of attorney.—Except as otherwise provided in this part:
(1) With respect to formalities of execution, this part applies to a power of attorney created on or after October 1, 2011.
(2) With respect to all matters other than formalities of execution, this part applies to a power of attorney regardless of the date of creation.
(3) With respect to a power of attorney existing on October 1, 2011, this part does not invalidate such power of attorney and it shall remain in effect. If a right was acquired under any other law before October 1, 2011, that law continues to apply to the right even if it has been repealed or superseded.
(4) An act of an agent occurring before October 1, 2011, is not affected by this part.
History.—s. 31, ch. 2011-210.

Cases Citing F.S. 709.2402

Fla. Stat. § 709.2402 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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Albelo v. S. Oak Ins. Co., 197 So. 3d 63 (Fla. 3d DCA 2013).

Published | Florida 3rd District Court of Appeal | 2013 Fla. App. LEXIS 1747, 2013 WL 440199

...The DPA in this case satisfies these formalities. . Chapter 709 of the Florida Statutes regulating "Powers of Attorney and Similar Instruments” was revised and renumbered in the 2011 session of the Florida Legislature and became effective October 1, 2011. Section 709.2402 provides that except for the formalities of execution, the new law applies with-the proviso that "[i]f a right was acquired under any other law before October 1, 2011, that law continues to apply even it has been repealed or superseded.” We apply the most recent law to this cáse....

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