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. 717.1242

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.

F.S. 717.1242 on Google Scholar

F.S. 717.1242 on Casetext

Amendments to 717.1242

Arrestable Offenses / Crimes under Fla. Stat. 717.1242

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 717.1242.

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 717.1242(1), Florida Statutes (2013), provides, It is and has been the intent of the Legislature . . . that the surplus funds became unclaimed property controlled by chapter 717, such that under section 717.1242 . . . We do not read section 717.1242(1) as giving the Department independent jurisdiction over the merits . . . Rather, section 717.1242 confirms that the probate court has jurisdiction to determine entitlement to . . .

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

. . . The Legislature reconciled these provisions in section 717.1242(1), finding that “consistent with [the . . . to obtain property paid or delivered to the department ... must file a claim with the department.” § 717.1242 . . . file his claim for the insurance annuity with the financial services department pursuant to section 717.1242 . . .

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

. . . .” § 717.1242(1). . . . See § 717.1242. . . .