Florida Statutes
Chapter 655 - Financial Institutions Generally
655.83 - Adverse Claim to a Deposit or Fiduciary Account.


(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.

Structure Florida Statutes

Florida Statutes

Title XXXVIII - Banks and Banking

Chapter 655 - Financial Institutions Generally

655.001 - Purpose; Application.

655.005 - Definitions.

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.

655.034 - Injunctions.

655.035 - Military Lending.

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.

655.41 - Definitions.

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.

655.4185 - Emergency Action.

655.419 - Effect.

655.50 - Florida Control of Money Laundering and Terrorist Financing in Financial Institutions Act.

655.51 - Employment Information.

655.55 - Law Applicable to Deposits in and Contracts Relating to Extensions of Credit by a Deposit or Lending Institution Located in This State.

655.56 - Collection of Fines, Interest, or Premiums on Loans Made by Financial Institutions.

655.60 - Appraisals.

655.762 - Sale of Assets.

655.769 - Definitions of Terms Used in Ss. 655.77-655.91.

655.77 - Deposits by Minors.

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.

655.932 - Lease to Minor.

655.933 - Access by Fiduciaries.

655.934 - Effect of Lessee’s Death or Incapacity.

655.935 - Search Procedure on Death of Lessee.

655.936 - Delivery of Safe-Deposit Box Contents or Property Held in Safekeeping to Personal Representative.

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.

655.963 - Access Devices.

655.964 - Application.

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.