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2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.112 - Property Held by Agents and Fiduciaries.

717.112 Property held by agents and fiduciaries.—
(1) Except as provided in ss. 717.1125 and 733.816, all intangible property and any income or increment thereon held in a fiduciary capacity for the benefit of another person is presumed unclaimed unless the owner has within 5 years after it has become payable or distributable increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary.
(2) Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or plan established pursuant to the Internal Revenue laws of the United States are not payable or distributable within the meaning of subsection (1) unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory.
(3) For the purpose of this section, a person who holds property as an agent for a business association is deemed to hold the property in a fiduciary capacity for that business association alone, unless the agreement between said person and the business association provides otherwise.
(4) For the purposes of this chapter, a person who is deemed to hold property in a fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property is concerned.
(5) All intangible property, and any income or increment thereon, issued by a government or governmental subdivision or agency, public corporation, or public authority and held in an agency capacity for the governmental subdivision, agency, public corporation, or public authority for the benefit of the owner of record, is presumed unclaimed unless the owner has, within 1 year after such property has become payable or distributable, increased or decreased the principal, accepted payment of the principal or income, communicated concerning the property, or otherwise indicated an interest in the property as evidenced by a memorandum or other record on file with the fiduciary.
History.—s. 13, ch. 87-105; s. 6, ch. 96-301; s. 13, ch. 2001-36; s. 3, ch. 2013-172.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.1125 - Property Held by Fiduciaries Under Trust Instruments.

717.1125 Property held by fiduciaries under trust instruments.—All intangible property and any income or increment thereon held in a fiduciary capacity for the benefit of another person under a trust instrument is presumed unclaimed unless the owner has, within 2 years after it has become payable or distributable, increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary.
History.—s. 4, ch. 2013-172.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.113 - Property Held by Courts and Public Agencies.

717.113 Property held by courts and public agencies.—All intangible property held for the owner by any court, government or governmental subdivision or agency, public corporation, or public authority that has not been claimed by the owner for more than 1 year after it became payable or distributable is presumed unclaimed. Except as provided in s. 45.032(3)(c), money held in the court registry and for which no court order has been issued to determine an owner does not become payable or distributable and is not subject to reporting under this chapter. Notwithstanding the provisions of this section, funds deposited in the Minerals Trust Fund pursuant to s. 377.247 are presumed unclaimed only if the funds have not been claimed by the owner for more than 5 years after the date of first production from the well.
History.—s. 14, ch. 87-105; s. 4, ch. 94-193; s. 71, ch. 96-321; s. 14, ch. 2001-36; s. 8, ch. 2018-71.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.115 - Wages.

717.115 Wages.—Unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder’s business that have not been claimed by the owner for more than 1 year after becoming payable are presumed unclaimed.
History.—s. 16, ch. 87-105; s. 15, ch. 2001-36.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.116 - Contents of Safe-Deposit Box or Other Safekeeping Repository.

717.116 Contents of safe-deposit box or other safekeeping repository.—All tangible and intangible property held by a banking or financial organization in a safe-deposit box or any other safekeeping repository in this state in the ordinary course of the holder’s business, and proceeds resulting from the sale of the property permitted by law, that has not been claimed by the owner for more than 3 years after the lease or rental period on the box or other repository has expired are presumed unclaimed.
History.—s. 17, ch. 87-105; s. 8, ch. 96-301; s. 16, ch. 2001-36; s. 114, ch. 2004-390.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.118 - Notification of Apparent Owners of Unclaimed Property.

717.118 Notification of apparent owners of unclaimed property.—
(1) It is specifically recognized that the state has an obligation to make an effort to notify owners of unclaimed property in a cost-effective manner. In order to provide all the citizens of this state an effective and efficient program for the recovery of unclaimed property, the department shall use cost-effective means to make at least one active attempt to notify owners of unclaimed property accounts valued at more than $250 with a reported address or taxpayer identification number. Such active attempt to notify apparent owners shall include any attempt by the department to directly contact the owner. Other means of notification, such as publication of the names of owners in the newspaper, on television, on the Internet, or through other promotional efforts and items in which the department does not directly attempt to contact the owner are expressly declared to be passive attempts. Nothing in this subsection precludes other agencies or entities of state government from notifying owners of the existence of unclaimed property or attempting to notify apparent owners of unclaimed property.
(2) Notification provided directly to individual apparent owners shall consist of a description of the property and information regarding recovery of unclaimed property from the department.
(3) This section is not applicable to sums payable on traveler’s checks, money orders, and other written instruments presumed unclaimed under s. 717.104.
History.—s. 19, ch. 87-105; s. 2, ch. 88-256; s. 31, ch. 92-319; s. 2, ch. 93-280; s. 10, ch. 96-301; s. 18, ch. 2001-36; s. 116, ch. 2004-390; s. 5, ch. 2005-163.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.121 - Crediting of Dividends, Interest, or Increments to Owner’s Account.

717.121 Crediting of dividends, interest, or increments to owner’s account.—Whenever property other than money is paid or delivered to the department under this chapter, the owner is entitled to receive from the department any dividends, interest, or other increments realized or accruing on the property at or before liquidation or conversion thereof into money.
History.—s. 22, ch. 87-105.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.123 - Deposit of Funds.

717.123 Deposit of funds.—
(1) All funds received under this chapter, including the proceeds from the sale of unclaimed property under s. 717.122, shall forthwith be deposited by the department in the Unclaimed Property Trust Fund. The department shall retain, from funds received under this chapter, an amount not exceeding $15 million from which the department shall make prompt payment of claims allowed by the department and shall pay the costs incurred by the department in administering and enforcing this chapter. All remaining funds received by the department under this chapter shall be deposited by the department into the State School Fund.
(2) The department shall record the name and last known address of each person appearing from the holder’s reports to be entitled to the unclaimed property in the total amounts of $5 or greater; the name and the last known address of each insured person or annuitant; and with respect to each policy or contract listed in the report of an insurance corporation, its number, the name of the corporation, and the amount due.
1
(3) Notwithstanding subsection (1), and for the 2022-2023 fiscal year, the department shall retain, from funds received under this chapter, an amount not exceeding $65 million from which the department shall make prompt payment of claims allowed by the department and shall pay the costs incurred by the department in administering and enforcing this chapter. This subsection expires July 1, 2024.
History.—s. 24, ch. 87-105; s. 13, ch. 96-301; s. 22, ch. 2001-36; s. 120, ch. 2004-390; s. 48, ch. 2023-240.
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Note.—Section 48, ch. 2023-240, added subsection (3) “[i]n order to implement Specific Appropriations 2441 through 2448 of the 2023-2024 General Appropriations Act.”
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.1235 - Dormant Campaign Accounts; Report of Unclaimed Property.

717.1235 Dormant campaign accounts; report of unclaimed property.—Unclaimed funds reported in the name of a campaign for public office, for any campaign that must dispose of surplus funds in its campaign account pursuant to s. 106.141, after being reported to the department, shall be deposited with the Chief Financial Officer to the credit of the State School Fund.
History.—s. 3, ch. 2016-90.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.12403 - Unclaimed Demand, Savings, or Checking Account in a Financial Institution Held in the Name of More Than One Person.

717.12403 Unclaimed demand, savings, or checking account in a financial institution held in the name of more than one person.—
(1)(a) If an unclaimed demand, savings, or checking account in a financial institution is reported as an “and” account in the name of two or more persons who are not beneficiaries, it is presumed that each person must claim the account in order for the claim to be approved by the department. This presumption may be rebutted by showing that entitlement to the account has been transferred to another person or by clear and convincing evidence demonstrating that the account should have been reported by the financial institution as an “or” account.
(b) If an unclaimed demand, savings, or checking account in a financial institution is reported as an “and” account and one of the persons on the account is deceased, it is presumed that the account is a survivorship account. This presumption may be rebutted by showing that entitlement to the account has been transferred to another person or by clear and convincing evidence demonstrating that the account is not a survivorship account.
(2) If an unclaimed demand, savings, or checking account in a financial institution is reported as an “or” account in the name of two or more persons who are not beneficiaries, it is presumed that either person listed on the account may claim the entire amount held in the account. This presumption may be rebutted by showing that entitlement to the account has been transferred to another person or by clear and convincing evidence demonstrating that the account should have been reported by the financial institution as an “and” account.
(3) If an unclaimed demand, savings, or checking account in a financial institution is reported in the name of two or more persons who are not beneficiaries without identifying whether the account is an “and” account or an “or” account, it is presumed that the account is an “or” account. This presumption may be rebutted by showing that entitlement to the account has been transferred to another person or by clear and convincing evidence demonstrating that the account should have been reported by the financial institution as an “and” account.
(4) The department shall be deemed to have made a distribution in good faith if the department remits funds consistent with this section.
History.—s. 122, ch. 2004-390.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.12404 - Claims on Behalf of a Business Entity or Trust.

717.12404 Claims on behalf of a business entity or trust.—
(1)(a) Claims on behalf of an active or dissolved corporation, for which the last annual report is not available from the Department of State through the Internet, must be accompanied by a microfiche copy of the records on file with the Department of State or, if the corporation has not made a corporate filing with the Department of State, the claim must be accompanied by a uniform resource locator for the address of a free Internet site operated by the state of incorporation of the corporation that provides access to the last corporate filing identifying the officers and directors of the corporation. If available, the claim must be accompanied by a printout of the officers and directors from the Department of State Internet site or the free Internet site operated by the state of incorporation of the corporation. If the free Internet site is not available, the claim must be accompanied by an authenticated copy of the last corporate filing identifying the officers and directors from the appropriate authorized official of the state of incorporation.
(b) A claim on behalf of a corporation must be made by an officer or director identified on the last corporate filing.
(2) Claims on behalf of a dissolved corporation, a business entity other than an active corporation, or a trust must include a legible copy of a valid driver license of the person acting on behalf of the dissolved corporation, business entity other than an active corporation, or trust. If the person has not been issued a valid driver license, the department shall be provided with a legible copy of a photographic identification of the person issued by the United States, a foreign nation, or a political subdivision or agency thereof. In lieu of photographic identification, a notarized sworn statement by the person may be provided which affirms the person’s identity and states the person’s full name and address. The person must produce his or her photographic identification issued by the United States, a state or territory of the United States, a foreign nation, or a political subdivision or agency thereof or other evidence deemed acceptable by the department by rule. The notary shall indicate the notary’s full address on the notarized sworn statement. Any claim filed without the required identification or the sworn statement with the original claim form and the original Unclaimed Property Recovery Agreement or Unclaimed Property Purchase Agreement, if applicable, is void.
History.—s. 123, ch. 2004-390; s. 9, ch. 2005-163; s. 3, ch. 2021-144.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.12405 - Claims by Estates.

717.12405 Claims by estates.—An estate or any person representing an estate or acting on behalf of an estate may claim unclaimed property only after the heir or legatee of the decedent entitled to the property has been located. Any estate, or any person representing an estate or acting on behalf of an estate, that receives unclaimed property before the heir or legatee of the decedent entitled to the property has been located, is personally liable for the unclaimed property and must immediately return the full amount of the unclaimed property or the value thereof to the department in accordance with s. 717.1341.
History.—s. 124, ch. 2004-390.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.12406 - Joint Ownership of Unclaimed Securities or Dividends.

717.12406 Joint ownership of unclaimed securities or dividends.—For the purpose of determining joint ownership of unclaimed securities or dividends, the term:
(1) “TEN COM” means tenants in common.
(2) “TEN ENT” means tenants by the entireties.
(3) “JT TEN” or “JT” means joint tenants with the right of survivorship and not as tenants in common.
(4) “And” means tenants in common with each person entitled to an equal pro rata share.
(5) “Or” means that each person listed on the account is entitled to all of the funds.
History.—s. 10, ch. 2005-163.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.1241 - Conflicting Claims.

717.1241 Conflicting claims.—
(1) When conflicting claims have been received by the department for the same unclaimed property account or accounts, the property shall be remitted in accordance with the claim filed by the person as follows, notwithstanding the withdrawal of a claim:
(a) To the person submitting the first claim received by the Division of Unclaimed Property of the department that is complete or made complete.
(b) If a claimant’s claim and a claimant’s representative’s claim are received by the Division of Unclaimed Property of the department on the same day and both claims are complete, to the claimant.
(c) If a buyer’s claim and a claimant’s claim or a claimant’s representative’s claim are received by the Division of Unclaimed Property of the department on the same day and the claims are complete, to the buyer.
(d) As between two or more claimant’s representative’s claims received by the Division of Unclaimed Property of the department that are complete or made complete on the same day, to the claimant’s representative who has agreed to receive the lowest fee. If the two or more claimant’s representatives whose claims received by the Division of Unclaimed Property of the department were complete or made complete on the same day are charging the same lowest fee, the fee shall be divided equally between the claimant’s representatives.
(e) If more than one buyer’s claim received by the Division of Unclaimed Property of the department is complete or made complete on the same day, the department shall remit the unclaimed property to the buyer who paid the highest amount to the seller. If the buyers paid the same amount to the seller, the department shall remit the unclaimed property to the buyers divided in equal amounts.
(2) The purpose of this section is solely to provide guidance to the department regarding to whom it should remit the unclaimed property and is not intended to extinguish or affect any private cause of action that any person may have against another person for breach of contract or other statutory or common-law remedy. A buyer’s sole remedy, if any, shall be against the claimant’s representative or the seller, or both. A claimant’s representative’s sole remedy, if any, shall be against the buyer or the seller, or both. A claimant’s or seller’s sole remedy, if any, shall be against the buyer or the claimant’s representative, or both. Nothing in this section forecloses the right of a person to challenge the department’s determination of completeness in a proceeding under ss. 120.569 and 120.57.
(3) A claim is complete when entitlement to the unclaimed property has been established.
History.—s. 15, ch. 96-301; s. 24, ch. 2001-36; s. 125, ch. 2004-390; s. 11, ch. 2005-163; s. 40, ch. 2016-165.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.1242 - Restatement of Jurisdiction of the Circuit Court Sitting in Probate and the Department.

717.1242 Restatement of jurisdiction of the circuit court sitting in probate and the department.—
(1) It is and has been the intent of the Legislature that, pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of proceedings relating to the settlement of the estates of decedents and other jurisdiction usually pertaining to courts of probate. It is and has been the intent of the Legislature that, pursuant to s. 717.124, the department determines the merits of claims for property paid or delivered to the department under this chapter. Consistent with this legislative intent, any estate or beneficiary, as defined in s. 731.201, of an estate seeking to obtain property paid or delivered to the department under this chapter must file a claim with the department as provided in s. 717.124.
(2) If any estate or heir of an estate seeks or obtains an order from a circuit court sitting in probate directing the department to pay or deliver to any person property paid or delivered to the department under this chapter, the estate or heir 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 order if the department is the prevailing party in any such proceeding.
History.—s. 16, ch. 96-301; s. 126, ch. 2004-390; s. 12, ch. 2005-163.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.1243 - Small Estate Accounts.

717.1243 Small estate accounts.—
(1) A claim for unclaimed property made by a beneficiary, as defined in s. 731.201, of a deceased owner need not be accompanied by an order of a probate court if the claimant files with the department an affidavit, signed by all beneficiaries, stating that all the beneficiaries have amicably agreed among themselves upon a division of the estate and that all funeral expenses, expenses of the last illness, and any other lawful claims have been paid, and any additional information reasonably necessary to make a determination of entitlement. If the owner died testate, the claim shall be accompanied by a copy of the will.
(2) Each person receiving property under this section shall be personally liable for all lawful claims against the estate of the owner, but only to the extent of the value of the property received by such person under this section, exclusive of the property exempt from claims of creditors under the constitution and laws of this state.
(3) Any heir or devisee of the owner, who was lawfully entitled to share in the property but did not receive his or her share of the property, may enforce his or her rights in appropriate proceedings against those who received the property and shall be awarded taxable costs as in chancery actions, including attorney’s fees.
(4) This section only applies if all of the unclaimed property held by the department on behalf of the owner has an aggregate value of $10,000 or less and no probate proceeding is pending.
(5) Nothing in this section shall be interpreted as precluding the use of live testimony in order to establish entitlement.
History.—s. 17, ch. 96-301; s. 25, ch. 2001-36; s. 23, ch. 2003-154; s. 13, ch. 2005-163; s. 4, ch. 2016-90.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 717 - Disposition of Unclaimed Property › 717.1244 - Determinations of Unclaimed Property Claims.

717.1244 Determinations of unclaimed property claims.—In rendering a determination regarding the merits of an unclaimed property claim, the department shall rely on the applicable statutory, regulatory, common, and case law. Agency statements applying the statutory, regulatory, common, and case law to unclaimed property claims are not agency statements subject to s. 120.56(4).
History.—s. 127, ch. 2004-390.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 718 - Condominiums › Part I - General Provisions (Ss. 718.101-718.129) › 718.102 - Purposes.

718.102 Purposes.—The purpose of this chapter is:
(1) To give statutory recognition to the condominium form of ownership of real property.
(2) To establish procedures for the creation, sale, and operation of condominiums.
Every condominium created and existing in this state shall be subject to the provisions of this chapter.
History.—s. 1, ch. 76-222.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 718 - Condominiums › Part I - General Provisions (Ss. 718.101-718.129) › 718.1035 - Power of attorney; compliance with chapter.

718.1035 Power of attorney; compliance with chapter.—The use of a power of attorney that affects any aspect of the operation of a condominium shall be subject to and in compliance with the provisions of this chapter and all condominium documents, association rules and other rules adopted pursuant to this chapter, and all other covenants, conditions, and restrictions in force at the time of the execution of the power of attorney.
History.—s. 4, ch. 86-175.
2023 Florida Statutes › Title XL - Real and Personal Property › Chapter 718 - Condominiums › Part I - General Provisions (Ss. 718.101-718.129) › 718.1045 - Timeshare estates; limitation on creation.

718.1045 Timeshare estates; limitation on creation.—No timeshare estates shall be created with respect to any condominium unit except pursuant to provisions in the declaration expressly permitting the creation of such estates.
History.—s. 3, ch. 78-328.