(1) A convenience account is a deposit account, other than a certificate of deposit, in the name of one individual (principal), in which one or more other individuals have been designated as agents with the right to make deposits to and to withdraw funds from or draw checks on such account. The designation of agents, the substitution or removal of agents, or any other change in the contractual terms or provisions governing a convenience account may be made only by the principal. Except as otherwise provided in this section, the agency relationship created under this account is not affected by the subsequent death or incompetence of the principal.
(2) All rights, interests, and claims in, to, and in respect of, such deposits and convenience account and the additions thereto shall be those of the principal only.
(3) Any balance standing to the credit of a convenience account shall be paid to the guardian of the property of the principal, to any person designated in a court order entered pursuant to s. 735.206, to any person designated by letter or other writing as authorized by s. 735.301, or to the personal representative of the deceased principal’s estate, upon presentation of effective written notice and, if applicable, proof of judicial appointment of such guardian or personal representative by a court of competent jurisdiction. No such court order or letter, written notice, or proof of judicial appointment is effective until it is served upon and received by an officer of the institution during regular banking hours and in such time and in such manner as to afford the institution a reasonable opportunity to act on it prior to the happening of any of the events described in s. 674.303. No other notice, knowledge, or other information shown to have been available to an institution affects its right to the protection provided by this section.
(4) Payment by an institution pursuant to this section is a valid and sufficient release and discharge to the institution from all claims for payments so paid.
(5) Without qualifying any other right to setoff or lien, and subject to any contractual provision, if the principal is indebted to the institution, the institution has a right to setoff against the account.
History.—s. 49, ch. 92-303.
Structure Florida Statutes
Title XXXVIII - Banks and Banking
Chapter 655 - Financial Institutions Generally
655.001 - Purpose; Application.
655.012 - General Supervisory Powers; Rulemaking; Seal.
655.013 - Effect on Existing Financial Institutions.
655.015 - Construction; Standards to Be Observed by Commission and Office.
655.016 - Liability When Acting Upon Rule, Order, or Declaratory Statement.
655.017 - Local Regulation Preempted.
655.0201 - Service of Process, Notice, Levy, or Demand on Financial Institutions.
655.031 - Administrative Enforcement Guidelines.
655.032 - Investigations, Subpoenas, Hearings, and Witnesses.
655.0321 - Restricted Access to Certain Hearings, Proceedings, and Related Documents.
655.0322 - Prohibited Acts and Practices; Criminal Penalties.
655.033 - Cease and Desist Orders.
655.037 - Removal of a Financial Institution-Affiliated Party by the Office.
655.0385 - Disapproval of Directors and Executive Officers.
655.03855 - Provisional Directors and Executive Officers.
655.0386 - Transactions With Financial Institution-Affiliated Parties.
655.0391 - Retention of Supervision by Office.
655.0392 - Place of Transacting Business.
655.041 - Administrative Fines; Enforcement.
655.043 - Articles of Incorporation; Amendments; Approval.
655.044 - Accounting Practices; Bad Debts Ineligible to Be Carried as Assets.
655.045 - Examinations, Reports, and Internal Audits; Penalty.
655.047 - Assessments; Financial Institutions.
655.049 - Deposit of Fees and Assessments.
655.057 - Records; Limited Restrictions Upon Public Access.
655.059 - Access to Books and Records; Confidentiality; Penalty for Disclosure.
655.0591 - Trade Secret Documents.
655.061 - Competitive Equality With Federally Organized or Chartered Financial Institutions.
655.071 - International Banking Facilities; Definitions; Notice Before Establishment.
655.411 - Conversion of Charter.
655.412 - Merger and Consolidation.
655.414 - Acquisition of Assets; Assumption of Liabilities.
655.416 - Book Value of Assets.
655.417 - Effect of Merger, Consolidation, Conversion, or Acquisition.
655.418 - Nonconforming Activities; Cessation.
655.50 - Florida Control of Money Laundering and Terrorist Financing in Financial Institutions Act.
655.51 - Employment Information.
655.56 - Collection of Fines, Interest, or Premiums on Loans Made by Financial Institutions.
655.769 - Definitions of Terms Used in Ss. 655.77-655.91.
655.78 - Deposit Accounts in Two or More Names.
655.79 - Deposits and Accounts in Two or More Names; Presumption as to Vesting on Death.
655.80 - Convenience Accounts.
655.82 - Pay-on-Death Accounts.
655.825 - Deposits in Trust; Applicability of S. 655.82 in Place of Former S. 655.81.
655.83 - Adverse Claim to a Deposit or Fiduciary Account.
655.84 - Limitations; Statements as Correct.
655.85 - Settlement of Checks.
655.851 - Unclaimed Credit Balances.
655.86 - Issuance of Postdated Checks.
655.89 - Legal Holidays; Business Days; Business and Transactions.
655.90 - Closing During Emergencies and Other Special Days.
655.91 - Records of Institutions and Copies Thereof; Retention and Destruction.
655.921 - Transaction of Business by Out-of-State Financial Institutions; Exempt Transactions.
655.922 - Banking Business by Unauthorized Persons; Use of Name.
655.93 - Definitions for Ss. 655.93-655.94.
655.931 - Authority to Engage in Safe-Deposit Business.
655.933 - Access by Fiduciaries.
655.934 - Effect of Lessee’s Death or Incapacity.
655.935 - Search Procedure on Death of Lessee.
655.937 - Access to Safe-Deposit Boxes Leased in Two or More Names.
655.938 - Adverse Claims to Contents of Safe-Deposit Box.
655.939 - Limiting Right of Access for Failure to Comply With Security Procedures.
655.94 - Special Remedies for Nonpayment of Rent.
655.942 - Standards of Conduct; Institutions.
655.943 - Applications; Verification.
655.946 - Single Interest Insurance Placed by Financial Institutions.
655.947 - Debt Cancellation Products.
655.948 - Significant Events; Notice Required.
655.949 - Personnel; Qualifications.
655.954 - Financial Institution Loans; Credit Cards.
655.955 - Liability of Financial Institution to Third Parties.
655.960 - Definitions; Ss. 655.960-655.965.
655.961 - Violation of Specified Provisions Not Negligence per Se.
655.962 - Lighting; Mirrors; Landscaping.
655.965 - Preemption; Prohibition.
655.966 - Automated Teller Machine; Surcharge Disclosure.
655.967 - State-Funded Endowments.
655.968 - Financial Institutions; Transactions Relating to Iran or Terrorism.