The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 717
DISPOSITION OF UNCLAIMED PROPERTY

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F.S. 717.124

717.124 Unclaimed property claims.—

(1) Any person, excluding another state, claiming an interest in any property paid or delivered to the department under this chapter may file with the department a claim on a form prescribed by the department and verified by the claimant or the claimant’s representative. The claimant’s representative must be an attorney licensed to practice law in this state, a licensed Florida-certified public accountant, or a private investigator licensed under chapter 493. The claimant’s representative must be registered with the department under this chapter. The claimant, or the claimant’s representative, shall provide the department with a legible copy of a valid driver license of the claimant at the time the original claim form is filed. If the claimant has not been issued a valid driver license at the time the original claim form is filed, the department shall be provided with a legible copy of a photographic identification of the claimant 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. In lieu of photographic identification, a notarized sworn statement by the claimant may be provided which affirms the claimant’s identity and states the claimant’s full name and address. The claimant must produce to the notary photographic identification of the claimant 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.

(a) Within 90 days after receipt of a claim, the department may return any claim that provides for the receipt of fees and costs greater than that permitted under this chapter or that contains any apparent errors or omissions. The department may also request that the claimant or the claimant’s representative provide additional information. The department shall retain a copy or electronic image of the claim.

(b) A claim is considered to have been withdrawn by a claimant or the claimant’s representative if the department does not receive a response to its request for additional information within 60 days after the notification of any apparent errors or omissions.

(c) Within 90 days after receipt of the claim, or the response of the claimant or the claimant’s representative to the department’s request for additional information, whichever is later, the department shall determine each claim. Such determination shall contain a notice of rights provided by ss. 120.569 and 120.57. The 90-day period shall be extended by 60 days if the department has good cause to need additional time or if the unclaimed property:

1. Is owned by a person who has been a debtor in bankruptcy;

2. Was reported with an address outside of the United States;

3. Is being claimed by a person outside of the United States; or

4. Contains documents filed in support of the claim that are not in the English language and have not been accompanied by an English language translation.

(2) A claim for a cashier’s check or a stock certificate without the original instrument may require an indemnity bond equal to the value of the claim to be provided prior to issue of the stock or payment of the claim by the department.

(3) The department may require an affidavit swearing to the authenticity of the claim, lack of documentation, and an agreement to allow the department to provide the name and address of the claimant to subsequent claimants coming forward with substantiated proof to claim the account. This shall apply to claims equal to or less than $250. The exclusive remedy of a subsequent claimant to the property shall be against the person who received the property from the department.

(4)(a) Except as otherwise provided in this chapter, if a claim is determined in favor of the claimant, the department shall deliver or pay over to the claimant the property or the amount the department actually received or the proceeds if it has been sold by the department, together with any additional amount required by s. 717.121.

(b) If an owner authorizes an attorney licensed to practice law in this state, a Florida-certified public accountant, or a private investigator licensed under chapter 493, and registered with the department under this chapter, to claim the unclaimed property on the owner’s behalf, the department is authorized to make distribution of the property or money in accordance with the Unclaimed Property Recovery Agreement or Unclaimed Property Purchase Agreement under s. 717.135. The original Unclaimed Property Recovery Agreement or Unclaimed Property Purchase Agreement must be executed by the claimant or seller and must be filed with the department.

(c)1. Payments of approved claims for unclaimed cash accounts must be made to the owner after deducting any fees and costs authorized by the claimant under an Unclaimed Property Recovery Agreement. The contents of a safe-deposit box must be delivered directly to the claimant.

2. Payments of fees and costs authorized under an Unclaimed Property Recovery Agreement for approved claims must be made or issued to the law firm of the designated attorney licensed to practice law in this state, the public accountancy firm of the licensed Florida-certified public accountant, or the designated employing private investigative agency licensed by this state. Such payments shall be made by electronic funds transfer and may be made on such periodic schedule as the department may define by rule, provided the payment intervals do not exceed 31 days. Payment made to an attorney licensed in this state, a Florida-certified public accountant, or a private investigator licensed under chapter 493, operating individually or as a sole practitioner, must be to the attorney, certified public accountant, or private investigator.

(5) The department shall not be administratively, civilly, or criminally liable for any property or funds distributed pursuant to this section, provided such distribution is made in good faith.

(6) This section does not supersede the licensing requirements of chapter 493.

(7) The department may allow an apparent owner to electronically submit a claim for unclaimed property to the department. If a claim is submitted electronically for $2,000 or less, the department may use a method of identity verification other than a copy of a valid driver license, other government-issued photographic identification, or a sworn notarized statement. The department may adopt rules to implement this subsection.

(8) Notwithstanding any other provision of this chapter, the department may develop and implement an identification verification and disbursement process by which an account valued at $2,000 or less, after being received by the department and added to the unclaimed property database, may be disbursed to an apparent owner after the department has verified that the apparent owner is living and that the apparent owner’s current address is correct. The department shall include with the payment a notification and explanation of the dollar amount, the source, and the property type of each account included in the disbursement. The department shall adopt rules to implement this subsection.

(9)(a) Notwithstanding any other provision of this chapter, the department may develop and implement a verification and disbursement process by which an account, after being received by the department and added to the unclaimed property database, for which the apparent owner entity is:

1. A state agency in this state or a subdivision or successor agency thereof;

2. A county government in this state or a subdivision thereof;

3. A public school district in this state or a subdivision thereof;

4. A municipality in this state or a subdivision thereof; or

5. A special taxing district or authority in this state,

may be disbursed to the apparent owner entity or successor entity. The department shall include with the payment a notification and explanation of the dollar amount, the source, and the property type of each account included in the disbursement.

(b) The department may adopt rules to implement this subsection.

(10) Notwithstanding any other provision of this chapter, the department may develop a process by which a claimant’s representative or a buyer of unclaimed property may electronically submit to the department an electronic image of a completed claim and claims-related documents under this chapter, including an Unclaimed Property Recovery Agreement or Unclaimed Property Purchase Agreement that has been signed and dated by a claimant or seller under s. 717.135, after the claimant’s representative or the buyer of unclaimed property receives the original documents provided by the claimant or the seller for any claim. Each claim filed by a claimant’s representative or a buyer of unclaimed property must include a statement by the claimant’s representative or the buyer of unclaimed property attesting that all documents are true copies of the original documents and that all original documents are physically in the possession of the claimant’s representative or the buyer of unclaimed property. All original documents must be kept in the original form, by claim number, under the secure control of the claimant’s representative or the buyer of unclaimed property and must be available for inspection by the department in accordance with s. 717.1315. The department may adopt rules to implement this subsection.

(11) This section applies to all unclaimed property reported and remitted to the Chief Financial Officer, including, but not limited to, property reported pursuant to ss. 45.032, 732.107, 733.816, and 744.534.

History.—s. 25, ch. 87-105; s. 3, ch. 89-291; s. 8, ch. 89-299; s. 4, ch. 90-113; s. 14, ch. 96-301; s. 295, ch. 96-410; s. 31, ch. 97-93; s. 1772, ch. 97-102; s. 23, ch. 2001-36; s. 121, ch. 2004-390; s. 8, ch. 2005-163; s. 1, ch. 2013-34; s. 9, ch. 2018-71; s. 34, ch. 2019-140; s. 2, ch. 2021-144.

F.S. 717.124 on Google Scholar

F.S. 717.124 on Casetext

Amendments to 717.124

Arrestable Offenses / Crimes under Fla. Stat. 717.124

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 717.124.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CHOICE PLUS, LLC, v. DEPARTMENT OF FINANCIAL SERVICES, BUREAU OF UNCLAIMED PROPERTY, 244 So. 3d 343 (Fla. App. Ct. 2018)

. . . Section 717.124(8) provides, This section applies to all unclaimed property reported and remitted to . . . The plain statutory language is clear that only section 717.124 applies to section 732.107 funds. . . . The specific use of the term "section" as opposed to chapter means that only section 717.124 applies . . . Simply because Choice Plus had to file an "Unclaimed Property Claim" under section 717.124 in order to . . . The Department's error in interpreting section 717.124(8)'s narrow provision as subjecting the estate . . .

YERGIN, v. GEORGOPOLOS,, 217 So. 3d 155 (Fla. Dist. Ct. App. 2017)

. . . IV, § 4(c); § 717.124(1), Fla. Stat. (2015). . . . The department must make a determination on a claim within ninety days (with some exceptions), id. § 717.124 . . . O’Con-nor files a claim under section 717.124, the department must determine whether it is in possession . . . form prescribed by the department and verified by the claimant or the claimant's representative." § 717.124 . . .

BARTSCH, v. COSTELLO,, 170 So. 3d 83 (Fla. Dist. Ct. App. 2015)

. . . See § 717.124, Fla. Stat. (2013) (Unclaimed property claims); Fla. Admin. . . .

Jo BONDI, v. BRITO H. v. H. v. C. Jr. E. H. v. Ra L. Sr. L. Jr., 159 So. 3d 369 (Fla. Dist. Ct. App. 2015)

. . . See §§ 717.124(1), Fla. . . . A recent amendment to section 717.124, which provides that the procedures and duties outlined therein . . . See § 717.124(8), Fla. Stat. (2013); ch. 2013-34, § 1, Laws of Fla. . . . By amending section 717.124 to specify that its procedures apply to funds deposited pursuant to section . . . Finally, because section 717.124 is procedural in nature its amendment may be retrospectively applied . . . See § 717.124(1). . . . I acknowledge that section 717.124 recently was amended to state that it “applies to all unclaimed property . . . See § 717.124(8), Fla. Stat. (2013). . . .

STATE DEPARTMENT OF FINANCIAL SERVICES, v. O CONNOR, f k a, 155 So. 3d 479 (Fla. Dist. Ct. App. 2015)

. . . O’Connor files a claim under section 717.124, the department must determine whether it is in possession . . . 2013, O’Connor filed a claim with the Department seeking Zane’s unclaimed property pursuant to section 717.124 . . . O’Connor counters that the purpose of section 717.124 is to return unclaimed property to its owner. . . . A person attempting to claim such property must turn to section 717.124, which provides: “Any person, . . . O’Connor files a claim under section 717.124, the department must determine whether it is in possession . . .

In ORDER DIRECTING PAYMENT OF v., 136 So. 3d 1248 (Fla. Dist. Ct. App. 2014)

. . . Section 717.124, contains an explanation of how a person makes a claim for unclaimed property under this . . . claimant must still make a proper claim for the issuance of a warrant from the CFO pursuant to section 717.124 . . .

CHOICE PLUS LLC, In v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES, BUREAU OF UNCLAIMED PROPERTY,, 135 So. 3d 1163 (Fla. Dist. Ct. App. 2014)

. . . to the petition seeking to compel it to determine petitioner’s claim to property filed under section 717.124 . . . petitioner has sought to compel an act that is not ministerial, as the timeframes included within section 717.124 . . . See § 717.124(l)(c), Fla. . . .

H. ATWATER, v. CITY OF CAPE CORAL R. H. v. H. v. f k a, 120 So. 3d 595 (Fla. Dist. Ct. App. 2013)

. . . See § 717.124(1), Fla. . . . Additionally, “[i]t is and has been the intent of the [legislature that, pursuant to [section] 717.124 . . . sections] 120.536(1) and 120.54 to implement the provisions of this chapter.” § 717.138; see also § 717.124 . . . Stat. (2008) (“Except as provided in ... s. 717.124(4)(b) ..., all moneys in the State Treasury shall . . .

O CONNOR, v. ZANE,, 79 So. 3d 105 (Fla. Dist. Ct. App. 2012)

. . . O’Connor files a claim under section 717.124, the department must determine whether it is in possession . . .

PENQUITE, v. HILL,, 64 So. 3d 733 (Fla. Dist. Ct. App. 2011)

. . . Section 717.124(1) provides what proof must be presented to DFS to establish a claim. . . . Davis’ assets and affairs. . § 717.124, Fla. Stat. (2008). . Rendered August 14, 2009. . . . .