(1) A power of attorney that includes the statement that the agent has “authority to conduct banking transactions as provided in section 709.2208(1), Florida Statutes” grants general authority to the agent to engage in the following transactions with financial institutions without additional specific enumeration in the power of attorney:
(a) Establish, continue, modify, or terminate an account or other banking arrangement with a financial institution.
(b) Contract for services available from a financial institution, including renting a safe-deposit box or space in a vault.
(c) Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution.
(d) Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them.
(e) Purchase cashier’s checks, official checks, counter checks, bank drafts, money orders, and similar instruments.
(f) Endorse and negotiate checks, cashier’s checks, official checks, drafts, and other negotiable paper of the principal or payable to the principal or the principal’s order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due.
(g) Apply for, receive, and use debit cards, electronic transaction authorizations, and traveler’s checks from a financial institution.
(h) Use, charge, or draw upon any line of credit, credit card, or other credit established by the principal with a financial institution.
(i) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
(2) A power of attorney that specifically includes the statement that the agent has “authority to conduct investment transactions as provided in section 709.2208(2), Florida Statutes” grants general authority to the agent with respect to securities held by financial institutions or broker-dealers to take the following actions without additional specific enumeration in the power of attorney:
(a) Buy, sell, and exchange investment instruments.
(b) Establish, continue, modify, or terminate an account with respect to investment instruments.
(c) Pledge investment instruments as security to borrow, pay, renew, or extend the time of payment of a debt of the principal.
(d) Receive certificates and other evidences of ownership with respect to investment instruments.
(e) Exercise voting rights with respect to investment instruments in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.
(f) Sell commodity futures contracts and call and put options on stocks and stock indexes.
For purposes of this subsection, the term “investment instruments” means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner, including shares or interests in a private investment fund, including, but not limited to, a private investment fund organized as a limited partnership, a limited liability company, a statutory or common law business trust, a statutory trust, or a real estate investment trust, joint venture, or any other general or limited partnership; derivatives or other interests of any nature in securities such as options, options on futures, and variable forward contracts; mutual funds; common trust funds; money market funds; hedge funds; private equity or venture capital funds; insurance contracts; and other entities or vehicles investing in securities or interests in securities whether registered or otherwise, except commodity futures contracts and call and put options on stocks and stock indexes.
History.—s. 26, ch. 2011-210; s. 11, ch. 2013-90.