Florida Statutes
Chapter 655 - Financial Institutions Generally
655.94 - Special Remedies for Nonpayment of Rent.


(1) If the rental due on a safe-deposit box has not been paid for 3 months, the lessor may send a notice by certified mail to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the box may be opened in the presence of an officer of the lessor and of a notary public. The contents shall be sealed in a package by a notary public who shall write on the outside the name of the lessee and the date of the opening. The notary public shall execute a certificate reciting the name of the lessee, the date of the opening of the box, and a list of its contents. The certificate shall be included in the package, and a copy of the certificate shall be sent by certified mail to the last known address of the lessee. The package shall then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the box. The lessor has a lien on the package and its contents to the extent of any rental due and owing plus the actual, reasonable costs of removing the contents from the safe-deposit box.
(2) If the contents of the safe-deposit box have not been claimed within 1 year after the mailing of the certificate, the lessor may send a further notice to the last known address of the lessee stating that, unless the accumulated charges are paid within 30 days, the contents of the box will be sold at public auction at a specified time and place or, in the case of securities listed on a stock exchange, will be sold upon the exchange on or after a specified date and unsalable items will be destroyed. The time, place, and manner of sale shall also be posted conspicuously on the premises of the lessor and advertised once in a newspaper of general circulation in the community. If the articles are not claimed, they may then be sold in accordance with the notice. The balance of the proceeds, after deducting accumulated charges, including the expenses of advertising and conducting the sale, shall be deposited to the credit of the lessee in any account maintained by the lessee, or, if none, shall be deemed a deposit account with the financial institution operating the safe-deposit facility, and shall be identified on the books of the financial institution as arising from the sale of contents of a safe-deposit box.
(3) Any documents or writings of a private nature, and having little or no apparent value, need not be offered for sale, but shall be retained, unless claimed by the owner, for the period specified for unclaimed contents, after which they may be destroyed.
History.—s. 70, ch. 92-303; s. 12, ch. 2004-340; s. 95, ch. 2004-390.

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.