reglab/housing_qa huggingface dataset:
FL Stat § 717.1245 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.1245 - Garnishment of Unclaimed Property.

717.1245 Garnishment of unclaimed property.—If any person files a petition for writ of garnishment seeking to obtain property paid or delivered to the department under this chapter, the petitioner shall be ordered to pay the department reasonable costs and attorney’s fees in any proceeding brought by the department to oppose, appeal, or collaterally attack the petition or writ if the department is the prevailing party in any such proceeding.History.—s. 14, ch. 2005-163.
FL Stat § 717.125 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.125 - Claim of Another State to Recover Property; Procedure.

717.125 Claim of another state to recover property; procedure.—(1) At any time after property has been paid or delivered to the department under this chapter, another state may recover the property if:(a) The property was subjected to custody by this state because the records of the holder did not reflect the last known address of the apparent owner when the property was presumed unclaimed under this chapter, and the other state establishes that the last known address of the apparent owner or other person entitled to the property was in that state and under the laws of that state the property escheated to or was subject to a claim of abandonment or being unclaimed by that state;(b) The last known address of the apparent owner or other person entitled to the property, as reflected by the records of the holder, is in the other state and under the laws of that state the property has escheated to or become subject to a claim of abandonment by that state;(c) The records of the holder were erroneous in that they did not accurately reflect the actual owner of the property and the last known address of the actual owner is in the other state and under laws of that state the property escheated to or was subject to a claim of abandonment by that state;(d) The property was subject to custody by this state under s. 717.103(6) and under the laws of the state of domicile of the holder the property has escheated to or become subject to a claim of abandonment by that state; or(e) The property is the sum payable on a traveler’s check, money order, or other similar instrument that was subjected to custody by this state under s. 717.104, and the instrument was purchased in the other state, and under the laws of that state the property escheated to or became subject to a claim of abandonment by that state.(2) The claim of another state to recover escheated or unclaimed property under this section must be presented in a form prescribed by the department, and the department shall determine the claim within 90 days after it is presented. Such determination shall contain a notice of rights provided by ss. 120.569 and 120.57.(3) The department shall require a state, prior to recovery of property under this section, to indemnify this state and its officers and employees against any liability on a claim for the property.History.—s. 26, ch. 87-105; s. 296, ch. 96-410; s. 26, ch. 2001-36.
FL Stat § 717.126 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.126 - Administrative Hearing; Burden of Proof; Proof of Entitlement; Venue.

717.126 Administrative hearing; burden of proof; proof of entitlement; venue.—(1) Any person aggrieved by a decision of the department may petition for a hearing as provided in ss. 120.569 and 120.57. In any proceeding for determination of a claim to property paid or delivered to the department under this chapter, the burden shall be upon the claimant to establish entitlement to the property by a preponderance of evidence. Having the same name as that reported to the department is not sufficient, in the absence of other evidence, to prove entitlement to unclaimed property.(2) Unless otherwise agreed by the parties, venue shall be in Tallahassee, Leon County, Florida. However, upon the request of a party, the presiding officer may, in the presiding officer’s discretion, conduct the hearing at an alternative remote video location.History.—s. 27, ch. 87-105; s. 297, ch. 96-410; s. 128, ch. 2004-390.
FL Stat § 717.1261 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.1261 - Death Certificates.

717.1261 Death certificates.—Any person who claims entitlement to unclaimed property by means of the death of one or more persons shall file a copy of the death certificate of the decedent or decedents that has been certified as being authentic by the issuing governmental agency.History.—s. 129, ch. 2004-390.
FL Stat § 717.1262 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.1262 - Court Documents.

717.1262 Court documents.—Any person who claims entitlement to unclaimed property by reason of a court document shall file a certified copy of the court document with the department. A certified copy of each pleading filed with the court to obtain a court document establishing entitlement, filed within 180 days before the date the claim form was signed by the claimant or claimant’s representative, must also be filed with the department.History.—s. 130, ch. 2004-390; s. 5, ch. 2016-90.
FL Stat § 717.127 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.127 - Election to Take Payment or Delivery.

717.127 Election to take payment or delivery.—The department may decline to receive any property reported under this chapter that the department considers to have a value less than the expense of giving notice and of sale. If the department elects not to receive custody of the property, the holder shall be notified within 120 days after filing the report required under s. 717.117 or remitting the property required under s. 717.119.History.—s. 28, ch. 87-105; s. 18, ch. 96-301.
FL Stat § 717.128 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.128 - Destruction or Disposition of Property Having Insubstantial Commercial Value; Immunity From Liability.

717.128 Destruction or disposition of property having insubstantial commercial value; immunity from liability.—If the department after investigation finds that any property delivered under this chapter has insubstantial commercial value, the department may destroy or otherwise dispose of the property. No action or proceeding may be maintained against the state or any officer or against the holder for or on account of any action taken by the department pursuant to this section with respect to the property.History.—s. 29, ch. 87-105.
FL Stat § 717.129 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.129 - Periods of Limitation.

717.129 Periods of limitation.—(1) The expiration before or after July 1, 1987, of any period of time specified by contract, statute, or court order, during which a claim for money or property may be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed unclaimed or affect any duty to file a report or to pay or deliver unclaimed property to the department as required by this chapter.(2) No action or proceeding may be commenced by the department with respect to any duty of a holder under this chapter more than 10 years after the duty arose.History.—s. 30, ch. 87-105; s. 27, ch. 2001-36.
FL Stat § 717.1311 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.1311 - Retention of Records.

717.1311 Retention of records.—(1) Every holder required to file a report under s. 717.117 shall maintain a record of the specific type of property, amount, name, and last known address of the owner for 5 years after the property becomes reportable, except to the extent that a shorter time is provided in subsection (2) or by rule of the department.(2) Any business association that sells in this state its traveler’s checks, money orders, or other similar written instruments, other than third-party bank checks on which the business association is directly responsible, or that provides such instruments to others for sale in this state, shall maintain a record of those instruments while they remain outstanding, indicating the state and date of issue for 3 years after the date the property is reportable.History.—s. 32, ch. 87-105; s. 24, ch. 91-110; s. 19, ch. 96-301; s. 15, ch. 2005-163.
FL Stat § 717.1315 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.1315 - Retention of Records by Claimant’s Representatives and Buyers of Unclaimed Property.

717.1315 Retention of records by claimant’s representatives and buyers of unclaimed property.—(1) Every claimant’s representative and buyer of unclaimed property shall keep and use in his or her business such books, accounts, and records of the business conducted under this chapter to enable the department to determine whether such person is complying with this chapter and the rules adopted by the department under this chapter. Every claimant’s representative and buyer of unclaimed property shall preserve such books, accounts, and records, including every Unclaimed Property Recovery Agreement or Unclaimed Property Purchase Agreement between the owner and such claimant’s representative or buyer, for at least 3 years after the date of the initial agreement.(2) A claimant’s representative or buyer of unclaimed property, operating at two or more places of business in this state, may maintain the books, accounts, and records of all such offices at any one of such offices, or at any other office maintained by such claimant’s representative or buyer of unclaimed property, upon the filing of a written notice with the department designating in the written notice the office at which such records are maintained.(3) A claimant’s representative or buyer of unclaimed property shall make all books, accounts, and records available at a convenient location in this state upon request of the department.History.—s. 28, ch. 2001-36; s. 132, ch. 2004-390; s. 16, ch. 2005-163; s. 4, ch. 2021-144.
FL Stat § 717.132 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.132 - Enforcement; Cease and Desist Orders; Fines.

717.132 Enforcement; cease and desist orders; fines.—(1) The department may bring an action in any court of competent jurisdiction to enforce or administer any provision of this chapter, any rule or order promulgated under this chapter, or any written agreement entered into with the department.(2) In addition to any other powers conferred upon it to enforce and administer the provisions of this chapter, the department may issue and serve upon a person an order to cease and desist and to take corrective action whenever the department finds that such person is violating, has violated, or is about to violate any provision of this chapter, any rule or order promulgated under this chapter, or any written agreement entered into with the department. For purposes of this subsection, the term “corrective action” includes refunding excessive charges, requiring a person to return unclaimed property, requiring a holder to remit unclaimed property, and requiring a holder to correct a report that contains errors or omissions. Any such order shall contain a notice of rights provided by ss. 120.569 and 120.57.(3) In addition to any other powers conferred upon it to enforce and administer the provisions of this chapter, the department or a court of competent jurisdiction may impose fines against any person found to have violated any provision of this chapter, any rule or order promulgated under this chapter, or any written agreement entered into with the department in an amount not to exceed $2,000 for each violation. All fines collected under this subsection shall be deposited as received in the Unclaimed Property Trust Fund.History.—s. 33, ch. 87-105; s. 4, ch. 93-280; s. 20, ch. 96-301; s. 298, ch. 96-410; s. 29, ch. 2001-36; s. 133, ch. 2004-390; s. 17, ch. 2005-163.
FL Stat § 717.1323 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.1323 - Prohibited Practice.

717.1323 Prohibited practice.—A person may not knowingly enter false information onto the Internet website of the Division of Unclaimed Property.History.—s. 19, ch. 2005-163; s. 41, ch. 2016-165.
FL Stat § 717.133 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.133 - Interstate Agreements and Cooperation; Joint and Reciprocal Actions With Other States.

717.133 Interstate agreements and cooperation; joint and reciprocal actions with other states.—(1) The department may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that it or another state may be entitled to subject to a claim of custody. The department may require the reporting of information needed to enable compliance with agreements made pursuant to this section and prescribe the form.(2) The department may join with other states to seek enforcement of this chapter against any person.(3) At the request of another state, the department may bring an action in the name of the other state in any court of competent jurisdiction to enforce the unclaimed property laws of the other state against a holder in this state of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred in bringing the action.(4) The department may request that the attorney general of another state or any other person bring an action in the name of the department in the other state. The department may pay all expenses including attorneys’ fees in any action under this subsection.(5) As necessary for proper administration of this chapter, the department may enter into contracts for the location or collection of property subject to payment or delivery to the department under this chapter.History.—s. 34, ch. 87-105.
FL Stat § 717.1331 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.1331 - Actions Against Holders.

717.1331 Actions against holders.—The department may initiate, or cause to be initiated, an action against a holder to enforce a subpoena or recover unclaimed property. If the department prevails in a civil or administrative action to enforce a subpoena or recover unclaimed property initiated by or on behalf of the department, the holder shall be ordered to pay the department reasonable costs and attorney’s fees.History.—s. 135, ch. 2004-390; s. 20, ch. 2005-163.
FL Stat § 717.1333 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.1333 - Evidence; Estimations; Audit Reports, Examiner’s Worksheets, Investigative Reports, Other Related Documents.

717.1333 Evidence; estimations; audit reports, examiner’s worksheets, investigative reports, other related documents.—(1) In any proceeding involving a holder under ss. 120.569 and 120.57 in which an auditor, examiner, or investigator acting under authority of this chapter is available for cross-examination, any official written report, worksheet, or other related paper, or copy thereof, compiled, prepared, drafted, or otherwise made or received by the auditor, examiner, or investigator, after being duly authenticated by the auditor, examiner, or investigator, may be admitted as competent evidence upon the oath of the auditor, examiner, or investigator that the report, worksheet, or related paper was prepared or received as a result of an audit, examination, or investigation of the books and records of the person audited, examined, or investigated, or the agent thereof.(2) If the records of the holder that are available for the periods subject to this chapter are insufficient to permit the preparation of a report of the unclaimed property due and owing by a holder, or if the holder fails to provide records after being requested to do so, the amount due to the department may be reasonably estimated.History.—s. 136, ch. 2004-390; s. 21, ch. 2005-163; s. 6, ch. 2016-90.
FL Stat § 717.134 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.134 - Penalties and Interest.

717.134 Penalties and interest.—(1) The department may impose and collect a penalty of $500 per day up to a maximum of $5,000 and 25 percent of the value of property not reported until a report is rendered for any person who willfully fails to render any report required under this chapter. Upon a holder’s showing of good cause, the department may waive said penalty or any portion thereof. If the holder acted in good faith and without negligence, the department shall waive the penalty provided herein.(2) The department may impose and collect a penalty of $500 per day up to a maximum of $5,000 and 25 percent of the value of property not paid or delivered until the property is paid or delivered for any person who willfully refuses to pay or deliver abandoned property to the department as required under this chapter.(3) Any person who willfully or fraudulently conceals, destroys, damages, or makes unlawful disposition of any property or of the books, records, or accounts pertaining to property which is subject to the provisions of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(4) In addition to any damages, penalties, or fines for which a person may be liable under any other provision of law, any person who fails to report or pay or deliver unclaimed property within the time prescribed by this chapter shall pay to the department interest at the rate of 12 percent per annum on such property, or value thereof, from the date such property shall have been paid or delivered. The department may waive any penalty due under this subsection with appropriate justification.(5) The department may impose and collect a penalty of $500 per day up to a maximum of $5,000 and 25 percent of the value of property willfully not reported with all of the information required by this chapter. Upon a holder’s showing of good cause, the department may waive the penalty or any portion thereof. If the holder acted in good faith and without negligence, the department shall waive the penalty provided herein.History.—s. 35, ch. 87-105; s. 21, ch. 96-301; s. 137, ch. 2004-390.
FL Stat § 717.1355 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.1355 - Theme Park and Entertainment Complex Tickets.

717.1355 Theme park and entertainment complex tickets.—This chapter does not apply to any tickets for admission to a theme park or entertainment complex as defined in s. 509.013(9), or to any tickets to a permanent exhibition or recreational activity within such theme park or entertainment complex.History.—s. 23, ch. 96-301.
FL Stat § 717.136 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.136 - Foreign Transactions.

717.136 Foreign transactions.—This chapter does not apply to any property held, due, and owing in a foreign country and arising out of foreign transaction.History.—s. 37, ch. 87-105.
FL Stat § 717.138 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.138 - Rulemaking Authority.

717.138 Rulemaking authority.—The department shall administer and provide for the enforcement of this chapter. The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. The department may adopt rules to allow for electronic filing of fees, forms, and reports required by this chapter. The authority to adopt rules pursuant to this chapter applies to all unclaimed property reported and remitted to the Chief Financial Officer, including, but not limited to, property reported and remitted pursuant to ss. 45.032, 732.107, 733.816, and 744.534.History.—s. 39, ch. 87-105; s. 220, ch. 98-200; s. 31, ch. 2001-36; s. 1890, ch. 2003-261; s. 27, ch. 2016-132; s. 10, ch. 2018-71.
FL Stat § 717.1383 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.1383 - United States Savings Bond; Claim for Bond.

717.1383 United States savings bond; claim for bond.—A person claiming a United States savings bond escheated to the state under s. 717.1382, or for the proceeds from such bond, may file a claim with the department. The department may approve the claim if the person is able to provide sufficient proof of the validity of the person’s claim. Once a bond, or the proceeds from such bond, are remitted to a claimant, no action thereafter may be maintained by any other person against the department, the state, or any officer thereof, for or on account of such funds. The person’s sole remedy, if any, shall be against the claimant who received the bond or the proceeds from such bond.History.—s. 2, ch. 2015-152.
FL Stat § 717.139 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.139 - Uniformity of Application and Construction.

717.139 Uniformity of application and construction.—(1) It is the public policy of the state to protect the interests of owners of unclaimed property. It is declared to be in the best interests of owners of unclaimed property that such owners receive the full amount of any unclaimed property without any fee.(2) This chapter shall be applied and construed as to effectuate its general purpose of protecting the interest of missing owners of property, while providing that the benefit of all unclaimed and abandoned property shall go to all the people of the state, and to make uniform the law with respect to the subject of this chapter among states enacting it.History.—s. 40, ch. 87-105; s. 10, ch. 2016-90.
FL Stat § 717.1401 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 717 - Disposition of Unclaimed Property|717.1401 - Repeal.

717.1401 Repeal.—This chapter shall not repeal, but shall be additional and supplemental to the existing provisions of ss. 43.18 and 402.17 and chapter 716.History.—s. 41, ch. 87-105; s. 62, ch. 92-348; s. 11, ch. 2018-71.
FL Stat § 723.001 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 723 - Mobile Home Park Lot Tenancies|723.001 - Short Title.

723.001 Short title.—This chapter shall be known and may be cited as the “Florida Mobile Home Act.”History.—s. 1, ch. 84-80.