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FL S0362

Bill

Status

Failed

5/1/2015

Primary Sponsor

Judiciary

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • Expands qualifications for power of attorney agents to include not-for-profit corporations organized for charitable or religious purposes in Florida that were court-appointed guardians before January 1, 1996, and hold 501(c)(3) tax-exempt status.

  • Requires not-for-profit corporations acting as agents to post a blanket fiduciary bond of at least $250,000 with the circuit court clerk in their primary county, with proof provided to additional counties where they serve as agents.

  • Allows not-for-profit corporations to maintain liability insurance covering up to $250,000 in losses per principal caused by errors, omissions, or intentional misconduct as an alternative to posting a fiduciary bond.

  • Permits not-for-profit corporations to decline bonding and insurance if the principal signs a separate written instrument in 14-point uppercase type acknowledging that officers decline joint liability and that corporation assets may be insufficient to cover losses.

  • Makes each officer of a not-for-profit corporation jointly and severally liable with the corporation for acts and omissions when no fiduciary bond, liability insurance, or signed acknowledgement is in place.

Legislative Description

Powers of Attorney

Last Action

Died in Children, Families, and Elder Affairs

5/1/2015

Committee Referrals

Children, Families, and Elder Affairs2/20/2015
Judiciary1/23/2015

Full Bill Text

No bill text available