This provision, found in the Florida Statutes under the section on Banks and Banking, applies to deposit accounts in the names of two or more persons. Unless otherwise specified in a contract or agreement, the account can be paid to any of the account holders or to the guardian of an incompetent account holder. The check or order for payment to any account holder or guardian is considered a valid release of the institution’s obligation for the transferred funds.

This section of the Florida Statutes governs the vesting of rights, title, interest, and claims in deposit accounts held in the names of two or more persons upon the death of any one of them. Unless otherwise specified in writing, the presumption is that upon the death of one account holder, all rights and interests in the account vest in the surviving person or persons. This presumption can only be overcome by proof of fraud, undue influence, or clear and convincing evidence of a contrary intent.

(1) Because deposits in trust are also accounts with a pay-on-death designation as described in s. 655.82, it is the intent of the Legislature that the provisions of s. 655.82 shall apply to and govern deposits in trust. References to former s. 655.81 in any depository agreement shall be interpreted after the effective date of this act as references to s. 655.82. (2) This section shall take effect July 1, 2001, and shall apply to deposits made to a depository account created after December 31, 1994.

This provision, found in the Florida Statutes under the section on Financial Institutions Generally, pertains to adverse claims made to a deposit or fiduciary account held by a financial institution. The provision states that simply notifying the institution of an adverse claim does not require the institution to recognize the claimant. The adverse claimant must either obtain a restraining order, injunction, or other appropriate process from a court of competent jurisdiction, with the person to whose credit the account stands being made a party and served with process, or provide a bond indemnifying the institution from any liability, loss, damage, costs, and expenses if the institution acts on the adverse claim.

If a check is forwarded or presented to a financial institution for payment, except when presented by the payee in person, the paying institution or remitting institution shall settle the amount of the check at par, at its option, in money or in exchange drawn on its reserve agent or agents in the City of New York or in any reserve city within the Sixth Federal Reserve District. The term at par applies only to the settlement of checks between collecting and paying or remitting institutions and does not apply to, or prohibit an institution from, deducting from the face amount of the check drawn on it a fee for paying the check if the check is presented to the institution by the payee in person.

It is the duty of the person drawing a postdated check to notify, in writing, the separate office or branch of the institution upon which such check is drawn, giving a complete description thereof, including the name of the payee, the date, the number, and the amount thereof; otherwise, the institution is not liable for paying such check. History. s. 54, ch. 92-303.

This legal document, found in the Florida Statutes under the section ‘BANKS AND BANKING’ and ‘FINANCIAL INSTITUTIONS GENERALLY’, grants financial institutions the power to provide loans or extensions of credit to individuals through credit cards or overdraft financing arrangements. The financial institution can charge interest on the outstanding amount based on a written agreement between the institution and the borrower. The credit card agreement can modify the terms and conditions of the credit card account, provided that the borrower receives prior written notice of the modifications.

This legal document governs the ability of operators or owners of automated teller machines (ATMs) in the state of Florida to charge an access fee or surcharge to customers using those machines. The fee or surcharge must be disclosed in compliance with 12 C.F.R. part 205. The document also states that an agreement to operate or share an ATM may not prohibit the operator or owner from charging an access fee or surcharge to customers using an account from an international banking corporation, as long as it is not prohibited under state or federal law.

This section of the Florida Statutes governs financial institutions chartered in the state of Florida and their transactions relating to Iran or terrorism. It requires financial institutions to establish due diligence policies, procedures, and controls to detect whether foreign financial institutions they have correspondent accounts or payable-through accounts with engage in certain activities. These activities include facilitating Iran’s acquisition or development of weapons of mass destruction, providing support for designated foreign terrorist organizations, and engaging in money laundering.

This section of the Florida Statutes governs the loans and extensions of credit made by state banks. It sets limitations and provisions for such loans. A bank may extend credit to any person up to 15 percent of its capital accounts for unsecured loans and lines of credit, and up to 25 percent of its capital accounts for fully secured loans and lines of credit. However, when loans consist of both secured and unsecured portions, the secured and unsecured portions together may not exceed 25 percent and 15 percent of the capital accounts, respectively.