Florida Statute 709.2106 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 709
POWERS OF ATTORNEY AND SIMILAR INSTRUMENTS

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709.2106 Validity of power of attorney.—

(1) A power of attorney executed on or after October 1, 2011, is valid if its execution complies with s. 709.2105.

(2) A power of attorney executed before October 1, 2011, is valid if its execution complied with the law of this state at the time of execution.

(3) A power of attorney executed in another state which does not comply with the execution requirements of this part is valid in this state if, when the power of attorney was executed, the power of attorney and its execution complied with the law of the state of execution. A third person who is requested to accept a power of attorney that is valid in this state solely because of this subsection may in good faith request, and rely upon, without further investigation, an opinion of counsel as to any matter of law concerning the power of attorney, including the due execution and validity of the power of attorney. An opinion of counsel requested under this subsection must be provided at the principal’s expense. A third person may reject a power of attorney that is valid in this state solely because of this subsection if the agent does not provide the requested opinion of counsel, and in such case, a third person has no liability for rejecting the power of attorney. This subsection does not affect any other rights of a third person who is requested to accept the power of attorney under this part, or any other provisions of applicable law.

(4) A military power of attorney is valid if it is executed in accordance with 10 U.S.C. s. 1044b, as amended. A deployment-contingent power of attorney may be signed in advance, is effective upon the deployment of the principal, and shall be afforded full force and effect by the courts of this state.

(5) Except as otherwise provided in the power of attorney, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. Notwithstanding this subsection, an original power of attorney that is relied upon to affect the title to real property may be required for recording in the official records.

(6) An original of a properly executed power of attorney may be presented to the clerk of the circuit court for recording in the official records as provided under s. 28.222 upon payment of the service charge as provided under s. 28.24.

History.—s. 8, ch. 2011-210; s. 4, ch. 2013-90.

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Amendments to 709.2106

Annotations, Discussions, Cases:

Cases Citing Statute 709.2106

Total Results: 3 | Sort by: Relevance | Newest First

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All Seasons Condo Assoc. v. Patrician Hotel, 274 So. 3d 438 (Fla. 3d DCA 2019).

Cited 3 times | Published | Florida 3rd District Court of Appeal

...ation’s attorney, and Dedesma operated as an extension of the Sale Approval deadline from February 16, 2011, to 8 The Florida Power of Attorney Act, §§ 709.2101-.2402, Florida Statutes (2011), did not go into effect until October 1, 2011. See § 709.2106(2) (“A power of attorney executed before October 1, 2011, is valid if its execution complied with the law of this state at the time of execution.”)....

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Deutsche Bank Nat'l Trust Co. v. Prevratil, 120 So. 3d 573 (Fla. 2d DCA 2013).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2013 Fla. App. LEXIS 8223, 2013 WL 2231279

...principal as trustee or as court-appointed fiduciary.” The issue of whether this affects SPS's authority to exercise powers granted to Deutsche Bank as Indenture Trustee was not raised below and is not raised here. We will not address the issue. .Section 709.2106, Florida Statutes (2011), provides, in pertinent part, as follows: (2) A power of attorney executed before October 1, 2011, is valid if its execution complied with the law of this state at the time of execution....

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Raul Parisi v. Maria Isabel Quadri De Kingston, Etc. (Fla. 3d DCA 2023).

Published | Florida 3rd District Court of Appeal

...The Appellants asserted below that the manner in which the POA was executed by the Decedent in Argentina complied with the execution requirements in Argentina. This, however, does not validate the subject POA pertaining to Property located in Florida. Section 709.2106(3), Florida Statutes (2013), provides in relevant part: “A power of attorney executed in another state which does not comply with the execution requirements of this part is valid in this state if, when the power of attorney w...

...“another state” as “a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.” As Argentina does not fall within this definition, section 709.2106(3) does not apply in the instant case....

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