Florida Statutes
Chapter 655 - Financial Institutions Generally
655.937 - Access to Safe-Deposit Boxes Leased in Two or More Names.


(1) Unless specifically provided in the lease or rental agreement to the contrary, 1if a safe-deposit box is rented or leased in the names of two or more lessees, access to the safe-deposit box will be granted to:
(a) Either or any of such lessees, regardless of whether or not the other lessee or lessees or any of them are living or competent.
(b) Subject to s. 655.933, those persons named in s. 655.933.
(c) Subject to s. 655.935, those persons named in s. 655.935.
(d) Subject to s. 733.6065, the personal representative of the estate of either or any of such lessees who is deceased, or the guardian of the property of either or any of such lessees who is incapacitated.

(2) In all cases described in subsection (1), the signature on the safe-deposit entry or access record, or the receipt or acquittance, in the case of property or documents otherwise held for safekeeping, is a valid and sufficient release and discharge to the lessor for granting access to such safe-deposit box or for the delivery of such property or documents otherwise held for safekeeping.
(3) A lessor may not be held liable for damages or penalty by reason of any access granted or delivery made pursuant to this section.
(4) The right of access by a colessee is separate from the rights and responsibilities of other persons who may be granted access to a safe-deposit box after the death or incapacity of another colessee, and such right of access is not subject to the provisions of s. 655.935, s. 733.6065, or other requirements imposed upon personal representatives, guardians, or other fiduciaries.
(5) After the death of a colessee, the surviving colessee or any other person who is granted access to the safe-deposit box pursuant to this section may make a written inventory of the box, which must be conducted by the person making the request in the presence of one other person as specified in this subsection. Each person present shall verify the contents of the box by signing a copy of the inventory under penalty of perjury.
(a) If the person making the written inventory is a surviving colessee, the other person may be any other person granted access pursuant to this section, an employee of the institution where the box is located, or an attorney licensed in this state.
(b) If the person making the written inventory is not a surviving colessee, the other person may be a surviving colessee, an employee of the institution where the box is located, or an attorney licensed in this state.

History.—s. 67, ch. 92-303; s. 3, ch. 2006-134; s. 69, ch. 2006-213.
1Note.—As amended by s. 69, ch. 2006-213. The amendment by s. 3, ch. 2006-134, added the word “when” instead of “if.”

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.