(1) A notice, including a notice of revocation, notice of partial or complete termination by adjudication of incapacity or by the occurrence of an event referenced in the power of attorney, notice of death of the principal, notice of suspension by initiation of proceedings to determine incapacity or to appoint a guardian, or other notice, is not effective until written notice is provided to the agent or any third persons relying upon a power of attorney.
(2) Notice must be in writing and must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person’s last known place of residence or place of business, or a properly directed facsimile or other electronic message.
(3) Notice to a financial institution or broker-dealer must contain the principal’s name and address and the last four digits of the principal’s taxpayer identification number and be directed to an officer or a manager of the financial institution or broker-dealer in this state.
(4) Notice is effective when given, except that notice upon a financial institution, brokerage company, or title insurance company is not effective until 5 days, excluding Saturdays, Sundays, and legal holidays, after it is received.
History.—s. 23, ch. 2011-210; s. 9, ch. 2013-90.
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 709 - Powers of Attorney and Similar Instruments
Part II - Powers of Attorney (Ss. 709.2101-709.2402)
709.2104 - Durable power of attorney.
709.2105 - Qualifications of agent; execution of power of attorney.
709.2106 - Validity of power of attorney.
709.2107 - Meaning and effectiveness of power of attorney.
709.2108 - When power of attorney is effective.
709.2109 - Termination or suspension of power of attorney or agent’s authority.
709.2110 - Revocation of power of attorney.
709.2111 - Co-agents and successor agents.
709.2112 - Reimbursement and compensation of agent.
709.2113 - Agent’s acceptance of appointment.
709.2115 - Exoneration of agent.
709.2116 - Judicial relief; conflicts of interests.
709.2118 - Agent’s resignation.
709.2119 - Acceptance of and reliance upon power of attorney.
709.2120 - Rejecting power of attorney.
709.2201 - Authority of agent.
709.2202 - Authority that requires separate signed enumeration.
709.2208 - Banks and other financial institutions.
709.2301 - Principles of law and equity.
709.2302 - Laws applicable to financial institutions and entities.
709.2303 - Remedies under other law.
709.2401 - Relation to electronic signatures in federal law.