House Bill 0615
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Florida House of Representatives - 2000 HB 615
By Representative Prieguez
1 A bill to be entitled
2 An act relating to unclaimed property; revising
3 provisions of ch. 717, F.S., to refer to
4 property considered abandoned as unclaimed
5 property; amending s. 717.101, F.S.; revising
6 certain definitions; amending ss. 717.102,
7 717.103, 717.1035, 717.104, 717.105, 717.107,
8 717.108, 717.109, 717.1101, 717.111, 717.113,
9 717.115, 717.116, 717.1201, 717.122, 717.125,
10 and 717.129, F.S.; changing references to
11 property from being abandoned to being
12 unclaimed; amending s. 717.106, F.S., to
13 conform; providing an additional criterion for
14 certain property in financial organizations
15 being presumed unclaimed; amending s. 717.112,
16 F.S., to conform; providing a presumption that
17 certain intangible property is unclaimed under
18 certain circumstances; amending s. 717.117,
19 F.S., to conform; deleting a report
20 verification requirement; revising unclaimed
21 property report requirements; revising search
22 and notification requirements for inactive
23 accounts; amending s. 717.118, F.S., to
24 conform; revising certain notification
25 procedures; amending s. 717.119, F.S., to
26 conform; authorizing payment of unclaimed funds
27 by electronic transfer; deleting an
28 authorization to deduct reasonable fees from
29 certain sale proceeds; providing valuation and
30 remission of contents of safe-deposit boxes;
31 amending s. 717.122, F.S., to conform;
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1 authorizing the department to dispose of
2 certain property under certain circumstances;
3 amending s. 717.123, F.S.; revising the
4 disposition of funds held by the Department of
5 Banking and Finance relating to unclaimed
6 property; amending s. 717.124, F.S.; revising
7 certain procedures for filing claims by owner's
8 representatives and receiving and making
9 payments to an owner or owner's representative;
10 amending s. 717.1241; revising resolution of
11 conflicting ownership claims between certain
12 persons; amending s. 717.1243, F.S.; revising
13 provisions for disposition of claims from small
14 estate accounts; amending s. 717.132, F.S.;
15 providing for deposit of administrative fines
16 into the Unclaimed Property Trust Fund;
17 amending s. 717.135, F.S.; revising provisions
18 relating to unenforceability of certain
19 agreements to locate reported property;
20 requiring disclosure of certain information;
21 limiting certain recovery fees; specifying
22 agreement requirements; amending s. 717.138,
23 F.S.; revising the rulemaking authority of the
24 Department of Banking and Finance; amending s.
25 732.107, F.S.; deleting an interest rate
26 requirement relating to payments of amounts of
27 escheated property; repealing s. 717.137, F.S.,
28 relating to effect and application of certain
29 provisions; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsections (8)-(18) of section 717.101,
2 Florida Statutes, are renumbered as subsections (9)-(19),
3 respectively, a new subsection (8) is added to said section,
4 and renumbered subsection (13) is amended, to read:
5 717.101 Definitions.--As used in this chapter, unless
6 the context otherwise requires:
7 (8) "Due diligence" means the use of reasonable and
8 prudent methods under particular circumstances to locate
9 apparent owners of inactive accounts using the taxpayer
10 identification number, if known, which may include, but are
11 not limited to, using a nationwide database, cross-indexing
12 with other records of the holder, mailing to the last known
13 address unless the last known address is known to be
14 inaccurate, or engaging a licensed agency or company capable
15 of conducting such search and providing updated addresses.
16 (13) (12) "Last known address" means a description of
17 the location of the apparent owner sufficient for the purpose
18 of the delivery of mail. For the purposes of identifying,
19 reporting, and remitting property to the department which is
20 presumed to be unclaimed, "last known address" includes any
21 partial description of the location of the apparent owner
22 sufficient to establish the apparent owner was a resident of
23 this state at the time of last contact with the apparent owner
24 or at the time the property became due and payable.
25 Section 2. Subsection (1) of section 717.102, Florida
26 Statutes, is amended to read:
27 717.102 Property presumed unclaimed abandoned; general
28 rule.--
29 (1) All intangible property, including any income or
30 increment thereon less any lawful charges, that is held,
31 issued, or owing in the ordinary course of the holder's
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1 business and has remained unclaimed by the owner fails to
2 claim such property for more than 5 years after the property
3 it becomes payable or distributable is presumed unclaimed
4 abandoned, except as otherwise provided by this chapter.
5 Section 3. Section 717.103, Florida Statutes, is
6 amended to read:
7 717.103 General rules for taking custody of intangible
8 unclaimed property.--Unless otherwise provided in this chapter
9 or by other statute of this state, intangible property is
10 subject to the custody of the department as unclaimed property
11 if the conditions leading to a presumption that the property
12 is unclaimed of abandonment as described in ss. 717.102 and
13 717.105-717.116 are satisfied and:
14 (1) The last known address, as shown on the records of
15 the holder, of the apparent owner is in this state;
16 (2) The records of the holder do not reflect the
17 identity of the person entitled to the property, and it is
18 established that the last known address of the person entitled
19 to the property is in this state;
20 (3) The records of the holder do not reflect the last
21 known address of the apparent owner, and it is established
22 that:
23 (a) The last known address of the person entitled to
24 the property is in this state; or
25 (b) The holder is a domiciliary or a government or
26 governmental subdivision or agency of this state and has not
27 previously paid the property to the state of the last known
28 address of the apparent owner or other person entitled to the
29 property;
30 (4) The last known address, as shown on the records of
31 the holder, of the apparent owner or other person entitled to
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1 the property is in a state that does not provide by law for
2 the escheat or custodial taking of the property, or its
3 escheat or unclaimed property law is not applicable to the
4 property, and the holder is a domiciliary or a government or
5 governmental subdivision or agency of this state;
6 (5) The last known address, as shown on the records of
7 the holder, of the apparent owner is in a foreign nation and
8 the holder is a domiciliary or a government or governmental
9 subdivision or agency of this state; or
10 (6) The transaction out of which the property arose
11 occurred in this state, and;
12 (a)1. The last known address of the apparent owner or
13 other person entitled to the property is unknown; or
14 2. The last known address of the apparent owner or
15 other person entitled to the property is in a state that does
16 not provide by law for the escheat or custodial taking of the
17 property, or its escheat or unclaimed property law is not
18 applicable to the property; and
19 (b) The holder is a domiciliary of a state that does
20 not provide by law for the escheat or custodial taking of the
21 property, or its escheat or unclaimed property law is not
22 applicable to the property.
23 Section 4. Section 717.1035, Florida Statutes, is
24 amended to read:
25 717.1035 Property originated or issued by this state,
26 any political subdivision of this state, or any entity
27 incorporated, organized, created, or otherwise located in the
28 state.--
29 (1) All intangible property, including, but not
30 limited to, any interest, dividend, or other earnings thereon,
31 less any lawful charges, held by a business association,
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1 federal, state, or local government or governmental
2 subdivision, agency, or entity, or any other person or entity,
3 regardless of where the holder may be found, if the owner has
4 not claimed or corresponded in writing concerning the property
5 within 3 years after the date prescribed for payment or
6 delivery, is presumed to be unclaimed property abandoned and
7 subject to the custody of this state as such unclaimed
8 property if:
9 (a) The last known address of the owner is unknown;
10 and
11 (b) The person or entity originating or issuing the
12 intangible property is this state or any political subdivision
13 of this state, or the person or entity is incorporated,
14 organized, created, or otherwise located in this state.
15 (2) The provisions of subsection (1) shall not apply
16 to property which is or may be presumed unclaimed abandoned
17 and subject to the custody of this state pursuant to any other
18 provision of law containing a dormancy period different than
19 that prescribed in subsection (1).
20 (3) The provisions of subsection (1) shall apply to
21 all property held at the time of enactment, or at any time
22 thereafter, regardless of when such property became or becomes
23 presumptively unclaimed abandoned.
24 Section 5. Subsections (1), (2), and (5) of section
25 717.104, Florida Statutes, are amended to read:
26 717.104 Traveler's checks and money orders.--
27 (1) Subject to subsection (4), any sum payable on a
28 traveler's check that has been outstanding for more than 15
29 years after its issuance is presumed unclaimed abandoned
30 unless the owner, within 15 years, has communicated in writing
31 with the issuer concerning it or otherwise indicated an
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1 interest as evidenced by a memorandum or other record on file
2 with prepared by an employee of the issuer.
3 (2) Subject to subsection (4), any sum payable on a
4 money order or similar written instrument, other than a third
5 party bank check, that has been outstanding for more than 7
6 years after its issuance is presumed unclaimed abandoned
7 unless the owner, within 7 years, has communicated in writing
8 with the issuer concerning it or otherwise indicated an
9 interest as evidenced by a memorandum or other record on file
10 with prepared by an employee of the issuer.
11 (5) Notwithstanding any other provision of this
12 chapter, subsection (4) applies to sums payable on traveler's
13 checks, money orders, and similar written instruments presumed
14 unclaimed abandoned on or after February 1, 1965, except to
15 the extent that those sums have been paid over to a state
16 prior to January 1, 1974.
17 Section 6. Subsection (1) of section 717.105, Florida
18 Statutes, is amended to read:
19 717.105 Checks, drafts, and similar instruments issued
20 or certified by banking and financial organizations.--
21 (1) Any sum payable on a check, draft, or similar
22 instrument, except those subject to ss. 717.104 and 717.115,
23 on which a banking or financial organization is directly
24 liable, including, but not limited to by way of illustration
25 and not limitation, a cashier's check or and a certified
26 check, which has been outstanding for more than 5 years after
27 it was payable or after its issuance if payable on demand, is
28 presumed unclaimed abandoned unless the owner, within 5 years,
29 has communicated in writing with the banking or financial
30 organization concerning it or otherwise indicated an interest
31 as evidenced by a memorandum or other record on file with
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1 prepared by an employee of the banking or financial
2 organization.
3 Section 7. Subsection (1) of section 717.106, Florida
4 Statutes, is amended to read:
5 717.106 Bank deposits and funds in financial
6 organizations.--
7 (1) Any demand, savings, or matured time deposit with
8 a banking or financial organization, including deposits that
9 are automatically renewable, and any funds paid toward the
10 purchase of shares, a mutual investment certificate, or any
11 other interest in a banking or financial organization is
12 presumed unclaimed abandoned unless the owner has, within 5
13 years:
14 (a) In the case of a deposit, Increased or decreased
15 the amount of the deposit or presented the passbook or other
16 similar evidence of the deposit for the crediting of interest;
17 (b) Communicated in writing with the banking or
18 financial organization concerning the property;
19 (c) Otherwise indicated an interest in the property as
20 evidenced by a memorandum or other record on file with
21 prepared by an employee of the banking or financial
22 organization;
23 (d) Owned other property to which paragraph (a),
24 paragraph (b), or paragraph (c) is applicable and if the
25 banking or financial organization communicates in writing with
26 the owner with regard to the property that would otherwise be
27 presumed unclaimed abandoned under this subsection at the
28 address to which communications regarding the other property
29 regularly are sent; or
30 (e) Had another relationship with the banking or
31 financial organization concerning which the owner has:
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1 1. Communicated in writing with the banking or
2 financial organization; or
3 2. Otherwise indicated an interest as evidenced by a
4 memorandum or other record on file with prepared by an
5 employee of the banking or financial organization and if the
6 banking or financial organization communicates in writing with
7 the owner with regard to the property that would otherwise be
8 unclaimed abandoned under this subsection at the address to
9 which communications regarding the other relationship
10 regularly are sent.
11 (f) Received first class mail, which was not returned
12 as undeliverable, in the normal course of business at the
13 address reflected in the banking or financial organization's
14 records.
15 Section 8. Subsection (1) of section 717.107, Florida
16 Statutes, is amended to read:
17 717.107 Funds owing under life insurance policies.--
18 (1) Funds held or owing under any life or endowment
19 insurance policy or annuity contract which has matured or
20 terminated are presumed unclaimed abandoned if unclaimed for
21 more than 5 years after the funds became due and payable as
22 established from the records of the insurance company holding
23 or owing the funds, but property described in paragraph (3)(b)
24 is presumed unclaimed abandoned if such property is not
25 claimed unclaimed for more than 2 years.
26 Section 9. Section 717.108, Florida Statutes, is
27 amended to read:
28 717.108 Deposits held by utilities.--Any deposit,
29 including any interest thereon, made by a subscriber with a
30 utility to secure payment or any sum paid in advance for
31 utility services to be furnished, less any lawful charges,
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1 that remains unclaimed by the owner for more than 1 year after
2 termination of the services for which the deposit or advance
3 payment was made is presumed unclaimed abandoned.
4 Section 10. Section 717.109, Florida Statutes, is
5 amended to read:
6 717.109 Refunds held by business associations.--Except
7 to the extent otherwise ordered by the court or administrative
8 agency, Any sum that a business association has been ordered
9 to refund by a court or administrative agency which has not
10 been claimed remained unclaimed by the owner for more than 1
11 year after it became payable in accordance with the final
12 determination or order providing for the refund, regardless of
13 whether the final determination or order requires any person
14 entitled to a refund to make a claim for it, is presumed
15 unclaimed abandoned.
16 Section 11. Subsections (1), (2), (3), and (4) of
17 section 717.1101, Florida Statutes, are amended to read:
18 717.1101 Stock and other intangible interests in
19 business associations.--
20 (1) Except as provided in subsections (2) and (5), any
21 stock or other intangible ownership interest in a business
22 association, the existence of which is evidenced by record
23 available to the association, is presumed unclaimed abandoned
24 and, with respect to the interest, the association is the
25 holder, if a dividend, distribution, or other sum payable as a
26 result of the interest is not claimed has for 5 years remained
27 unclaimed by the owner and the owner has not within 5 years:
28 (a) Communicated in writing with the association or
29 its agent regarding the interest or a dividend, distribution,
30 or other sum payable as a result of the interest; or
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1 (b) Otherwise communicated with the association
2 regarding the interest or a dividend, distribution, or other
3 sum payable as a result of the interest, as evidenced by a
4 memorandum or other record on file with the association or its
5 agent prepared by an employee of the association or its agent.
6 (2) At the expiration of a 5-year period following the
7 failure of the owner to claim a dividend, distribution, or
8 other sum payable to the owner as a result of the interest,
9 the interest shall not be presumed unclaimed abandoned unless
10 there have been at least five dividends, distributions, or
11 other sums paid during the period, none of which has been
12 claimed. If five dividends, distributions, or other sums are
13 paid during the 5-year period, the period leading to a
14 presumption that the interest is unclaimed of abandonment
15 commences on the date payment of the first such unclaimed
16 dividend, distribution, or other sum became due and payable.
17 If five dividends, distributions, or other sums are not paid
18 during the presumptive period, the period continues to run
19 until there have been five consecutive dividends,
20 distributions, or other sums that have not been claimed by the
21 owner.
22 (3) The running of such the 5-year period of
23 abandonment ceases immediately upon the occurrence of one or
24 more of the conditions referred to in subsection (1). If any
25 future dividend, distribution, or other sum payable to the
26 owner as a result of the interest is subsequently not claimed
27 by the owner, a new period in which the property is presumed
28 unclaimed of abandonment commences and relates back only to
29 the time a subsequent dividend, distribution, or other sum
30 became due and payable.
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1 (4) At the same time any interest is presumed
2 unclaimed abandoned under this section, any dividend,
3 distribution, or other sum then held for or owing to the owner
4 as a result of the interest, and not previously presumed
5 abandoned, is presumed unclaimed abandoned.
6 Section 12. Section 717.111, Florida Statutes, is
7 amended to read:
8 717.111 Property of business associations held in
9 course of dissolution.--All intangible property distributable
10 in the course of a voluntary or involuntary dissolution of a
11 business association which is not claimed remains unclaimed by
12 the owner for more than 6 months after the date specified for
13 final distribution is presumed unclaimed abandoned.
14 Section 13. Subsection (1) of section 717.112, Florida
15 Statutes, is amended, and subsection (5) is added to said
16 section, to read:
17 717.112 Property held by agents and fiduciaries.--
18 (1) All intangible property and any income or
19 increment thereon held in a fiduciary capacity for the benefit
20 of another person is presumed unclaimed abandoned unless the
21 owner has within 5 years after it has become payable or
22 distributable increased or decreased the principal, accepted
23 payment of principal or income, communicated concerning the
24 property, or otherwise indicated an interest as evidenced by a
25 memorandum or other record on file with prepared by the
26 fiduciary or an employee of the fiduciary.
27 (5) All intangible property issued by a government or
28 governmental subdivision or agency, public corporation, or
29 public authority, and any income or increment thereon, held in
30 an agency capacity for the governmental subdivision, agency,
31 public corporation, or public authority, for the benefit of
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1 the owner of record, is presumed unclaimed unless the owner
2 has, within 1 year after such property has become payable or
3 distributable, increased or decreased the principal, accepted
4 payment of the principal or income, communicated concerning
5 the property, or otherwise indicated an interest in the
6 property as evidenced by a memorandum or other record on file
7 with the fiduciary.
8 Section 14. Section 717.113, Florida Statutes, is
9 amended to read:
10 717.113 Property held by courts and public
11 agencies.--All intangible property held for the owner by any
12 court, government or governmental subdivision or agency,
13 public corporation, or public authority that has not been
14 claimed remained unclaimed by the owner for more than 1 year
15 after it became payable or distributable is presumed
16 abandoned. Notwithstanding the provisions of this section,
17 funds deposited in the Minerals Trust Fund pursuant to s.
18 377.247 are presumed unclaimed abandoned only if the funds
19 have not been claimed remained unclaimed by the owner for more
20 than 5 years after from the date of first production from the
21 well.
22 Section 15. Section 717.115, Florida Statutes, is
23 amended to read:
24 717.115 Wages.--Unpaid wages, including wages
25 represented by unpresented payroll checks, owing in the
26 ordinary course of the holder's business that have not been
27 claimed remained unclaimed by the owner for more than 1 year
28 after becoming payable are presumed unclaimed abandoned.
29 Section 16. Section 717.116, Florida Statutes, is
30 amended to read:
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1 717.116 Contents of safe-deposit box or other
2 safekeeping repository.--All tangible and intangible property
3 held in a safe-deposit box or any other safekeeping repository
4 in this state in the ordinary course of the holder's business,
5 and proceeds resulting from the sale of the property permitted
6 by law, that has not been claimed remain unclaimed by the
7 owner for more than 3 years after the lease or rental period
8 on the box or other repository has expired are presumed
9 unclaimed abandoned.
10 Section 17. Section 717.117, Florida Statutes, is
11 amended to read:
12 717.117 Report of unclaimed abandoned property.--
13 (1) Every person holding funds or other property,
14 tangible or intangible, presumed unclaimed abandoned and
15 subject to custody as unclaimed property under this chapter
16 shall report to the department on such forms as the department
17 may prescribe by rule with respect to the property as provided
18 in this section. In lieu of forms, the holder may submit the
19 required information via electronic medium as the department
20 may prescribe by rule.
21 (2) The report shall be verified. Verification of a
22 private corporation or unincorporated association shall be
23 made by an officer; of a partnership, by a partner; and of a
24 public corporation, by its chief fiscal officer. The report
25 must include:
26 (a) Except for with respect to traveler's checks and
27 money orders, the name and taxpayer social security number or
28 federal employer identification number, if known, and last
29 known address, if any, of each person appearing from the
30 records of the holder to be the owner of any property which is
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1 presumed unclaimed and which has of a value of $50 or more
2 presumed abandoned under this chapter.
3 (b) For In the case of unclaimed funds which have a
4 value of $50 or more held or owing under any life or endowment
5 insurance policy or annuity contract, the full name, taxpayer
6 social security number, or federal employer identification
7 number, date of birth, if known, and last known address of the
8 insured or annuitant and of the beneficiary according to
9 records of the insurance company holding or owing the funds.
10 (c) For all tangible property held in the case of the
11 contents of a safe-deposit box or other safekeeping repository
12 or in the case of other tangible property, a description of
13 the property and the place where the property it is held and
14 may be inspected by the department, and any amounts owing to
15 the holder. Contents of a safe-deposit box or other
16 safekeeping repository which consist of documents or writings
17 of a private nature and which have little or no apparent value
18 shall not be presumed unclaimed abandoned.
19 (d) The nature and identifying number, if any, or
20 description of the property and the amount appearing from the
21 records to be due., but Items of value under $50 each may be
22 reported in the aggregate.
23 (e) The date the property became payable, demandable,
24 or returnable, and the date of the last transaction with the
25 apparent owner with respect to the property.
26 (f) Any person or business entity holding funds
27 presumed unclaimed and having abandoned of a total value of
28 $10 or less may file a zero balance negative or nothing-owed
29 report for that reporting period. The balance brought forward
30 to the new reporting period is zero.
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1 (g) Such other information as which the department may
2 prescribe prescribes by rule as necessary for the
3 administration of this chapter.
4 (h) Credit balances, customer overpayments, security
5 deposits, and refunds having a value of less than $10 shall
6 not be presumed unclaimed abandoned.
7 (2)(3) If the holder of person holding property
8 presumed unclaimed abandoned and subject to custody as
9 unclaimed property is a successor holder to other persons who
10 previously held the property for the apparent owner or if the
11 holder has changed the holder's his or her name while in
12 possession of holding the property, the holder he or she shall
13 file with the holder's his or her report all known names and
14 addresses of each prior previous holder of the property.
15 Compliance with this subsection means the holder exercises
16 reasonable and prudent efforts to determine the names of all
17 prior holders.
18 (3)(4) The report must be filed before May 1 of each
19 year. Such report shall apply to the preceding calendar year.
20 If such report is not filed on or before the applicable filing
21 date, the holder shall pay to the department a penalty of $10
22 per day for each day the report is delinquent, but such
23 penalty shall not exceed $500. As necessary for proper
24 administration of this chapter, the department may waive any
25 penalty due with appropriate justification. On written
26 request by any person required to file a report, the
27 department may postpone the reporting date.
28 (4)(5) Holders of inactive accounts shall use due
29 diligence to locate apparent owners. Not more than 120 days
30 prior to filing the report required by this section, the
31 holder in possession of property presumed abandoned and
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1 subject to custody as unclaimed property under this chapter
2 shall send written notice to the apparent owner at his or her
3 last known address informing him or her that the holder is in
4 possession of property subject to this chapter if:
5 (a) When an owner's account becomes inactive, the
6 holder shall conduct at least one search for the apparent
7 owner using due diligence. For purposes of this section, an
8 account is inactive if 1 year has transpired after the last
9 owner-initiated account activity, the expiration date on the
10 instrument or contract, or first-class mail has been returned
11 as undeliverable.
12 1. Within 180 days after an account becomes inactive,
13 the holder shall conduct a search to locate the apparent owner
14 of the property. The holder may satisfy such requirement by
15 conducting one annual search for the owners of all accounts
16 which have become inactive during the prior year.
17 2. Within 30 days after receiving updated address
18 information, the holder shall provide notice by telephone or
19 first-class mail to the current address notifying the apparent
20 owner that the holder is in possession of property which is
21 presumed unclaimed and may be remitted to the department. The
22 notice shall also provide the apparent owner with the address
23 or the telephone number of an office where the apparent owner
24 may claim the property or reestablish the inactive account.
25 The holder has in its records an address for the apparent
26 owner which the holder's records do not disclose to be
27 inaccurate.
28 (b) The claim of the apparent owner is not barred by
29 the statute of limitations.
30 (5)(6) Any holder of intangible property may file with
31 the department a petition for determination that the property
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1 is unclaimed abandoned requesting the department to accept
2 custody of the property. The petition shall state any special
3 circumstances that exist, contain the information required by
4 subsection (2), and show that a diligent search has been made
5 to locate the owner. If the department finds that the proof
6 of diligent search is satisfactory, it shall give notice as
7 provided in s. 717.118 and accept custody of the property.
8 (6)(7) Upon On written request by any entity required
9 to file a report, stating such entity's their justification
10 for such action, the department may place that entity in an
11 inactive status as an unclaimed abandoned property "holder."
12 (7)(8) This section shall not apply to the unclaimed
13 patronage refunds as provided for by contract or through bylaw
14 provisions of entities organized under chapter 425.
15 Section 18. Section 717.118, Florida Statutes, is
16 amended to read:
17 717.118 Notice and publication of lists of unclaimed
18 abandoned property.--
19 (1) It is specifically recognized that the state has
20 an obligation to make an effort to notify owners of unclaimed
21 abandoned property in a cost-effective manner. In order to
22 provide all the citizens of this state an effective and
23 efficient program for the recovery of unclaimed abandoned
24 property, the department shall use cost-effective means to
25 make a single active attempt to notify owners of the existence
26 of unclaimed abandoned property held by the department. Such
27 active attempt to locate apparent owners shall include any
28 attempt by the department to directly contact the owner.
29 Other The means of notification, such as publication of the
30 names of owners in the newspaper, on television, on the
31 Internet, or through other promotional efforts in which the
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1 department does not directly attempt to contact the owner are
2 expressly declared to be passive attempts. Nothing in this
3 subsection precludes other agencies or entities of state
4 government from notifying owners of the existence of unclaimed
5 property or attempting to locate apparent owners of unclaimed
6 property. may include post, print, visual, telecommunications,
7 or electronic media. Publication of the names of owners on the
8 Internet is not an attempt to notify owners under this
9 subsection. The department shall implement such notification
10 within 13 months following the receipt of the report required
11 by s. 717.117.
12 (2) The following notification requirements shall
13 apply:
14 (a) Notifications that are published or televised may
15 shall consist of the names of apparent owners of unclaimed
16 abandoned property, listed in alphabetical order, and
17 information regarding recovery of unclaimed abandoned property
18 from the department. Such notification may shall be televised
19 or published in the county in which the last known address of
20 the apparent owner is located or, if the address is unknown,
21 in the county in which the holder has its principal place of
22 business. Published notifications may must be in accordance
23 with s. 50.011.
24 (b) Notification provided directly to individual
25 apparent owners shall consist of a description of the property
26 and information regarding recovery of unclaimed abandoned
27 property from the department.
28 (3) The department may shall publish in the notice any
29 items of more than $100.
30
31
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1 (4) This section is not applicable to sums payable on
2 traveler's checks, money orders, and other written instruments
3 presumed unclaimed abandoned under s. 717.104.
4 Section 19. Section 717.119, Florida Statutes, is
5 amended to read:
6 717.119 Payment or delivery of unclaimed abandoned
7 property.--
8 (1) Every person who is required to file a report
9 under s. 717.117 shall simultaneously pay or deliver to the
10 department all unclaimed abandoned property required to be
11 reported. Such payment or delivery shall accompany the report
12 as required in this chapter for the preceding calendar year.
13 (2) Payment of unclaimed funds may be made to the
14 department by electronic funds transfer.
15 (3)(2) If the owner establishes the right to receive
16 the unclaimed abandoned property to the satisfaction of the
17 holder before the property has been delivered to the
18 department or it appears that for some other reason the
19 presumption that the property is unclaimed of abandonment is
20 erroneous, the holder need not pay or deliver the property to
21 the department., which will no longer be presumed abandoned,
22 but In lieu of delivery, the holder thereof shall file a
23 verified written explanation of the proof of claim or of the
24 error in the presumption that the property was unclaimed of
25 abandonment.
26 (4)(3) All stock or other intangible ownership
27 interest reported under this chapter on the annual report
28 filing required in s. 717.117 shall be sold and the proceeds
29 remitted to the department with the report. Reasonable fees
30 within the industry's standards may be deducted from the
31 proceeds for the costs of selling the stock or other
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1 intangible ownership interest. Upon delivery of the stock or
2 other intangible ownership interest net proceeds to the
3 department, the holder and any transfer agent, registrar, or
4 other person acting for or on behalf of a holder is relieved
5 of all liability of every kind in accordance with the
6 provisions of s. 717.1201 to every person for any losses or
7 damages resulting to the person by the sale and delivery to
8 the department of the stock or other intangible ownership
9 interest net proceeds.
10 (5)(4) All intangible and tangible property held in a
11 safe-deposit box or any other safekeeping repository reported
12 under s. 717.117 shall not be delivered to the department
13 until 120 days after the report due date. Holders may remit
14 the value of cash and coins found in unclaimed safe-deposit
15 boxes to the department by cashier's check or by electronic
16 funds transfer, unless the cash or coins have a value above
17 face value. The department shall identify by rule those cash
18 and coin items having a numismatic value. Cash and coin items
19 identified as having a numismatic value shall be remitted to
20 the department in their original form.
21 (a) If such property is not paid or delivered to the
22 department filed on or before the applicable payment or
23 delivery filing date, the holder shall pay to the department a
24 penalty of $10 for each safe-deposit box received late, but
25 such penalty shall not exceed $1,000. As necessary for proper
26 administration of this chapter,
27 (b) The department may waive any penalty due with
28 appropriate justification, as provided by rule.
29 (c) Upon On written request by any person required to
30 deliver safe-deposit box contents, the department may postpone
31 the delivery.
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1 (6)(5) Any holder may request an extension in writing
2 of up to 60 days for the delivery of property if extenuating
3 circumstances exist for the late delivery of the property.
4 Any such extension, and the department may grant shall be such
5 an extension in writing.
6 Section 20. Subsection (6) of section 717.1201,
7 Florida Statutes, is amended to read:
8 717.1201 Custody by state; holder relieved from
9 liability; reimbursement of holder paying claim; reclaiming
10 for owner; defense of holder; payment of safe-deposit box or
11 repository charges.--
12 (6) For the purposes of this section, "good faith"
13 means that:
14 (a) Payment or delivery was made in a reasonable
15 attempt to comply with this chapter.
16 (b) The person delivering the property was not a
17 fiduciary then in breach of trust in respect to the property
18 and had a reasonable basis for believing, based on the facts
19 then known to that person, that the property was unclaimed
20 abandoned for the purposes of this chapter.
21 (c) There is no showing that the records pursuant to
22 which the delivery was made did not meet reasonable commercial
23 standards of practice in the industry.
24 Section 21. Subsections (1), (2), and (3) of section
25 717.122, Florida Statutes, are amended to read:
26 717.122 Public sale of unclaimed abandoned property.--
27 (1) Except as provided in subsection (2), the
28 department after the receipt of unclaimed abandoned property
29 shall sell it to the highest bidder at public sale wherever in
30 whatever city in the state affords in the judgment of the
31 department the most favorable market for the property involved
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1 exists. The department may decline the highest bid and
2 reoffer the property for sale if in the judgment of the
3 department the bid is insufficient. The department shall have
4 the discretion to withhold from sale any unclaimed abandoned
5 property that the department deems to be of benefit to the
6 people of the state. If in the judgment of the department the
7 probable cost of sale exceeds the value of the property, it
8 need not be offered for sale and may be disposed of as the
9 department determines appropriate. Any sale held under this
10 section must be preceded by a single publication of notice, at
11 least 3 weeks in advance of sale, in a newspaper of general
12 circulation in the county in which the property is to be sold.
13 (2) Securities listed on an established stock exchange
14 must be sold at prices prevailing at the time of sale on the
15 exchange. Other securities may be sold over the counter at
16 prices prevailing at the time of sale or by any other method
17 the department deems advisable. The department may authorize
18 the agent or broker acting on behalf of the department to
19 deduct fees from the proceeds of these sales at a rate agreed
20 upon in advance by the agent or broker and the department.
21 The department shall reimburse owners accounts for these
22 brokerage fees from the State School Fund unless the
23 securities are sold at the owner's request.
24 (3) Unless the department deems it to be in the public
25 interest to do otherwise, all securities presumed unclaimed
26 abandoned and delivered to the department may be sold upon
27 receipt. Any person making a claim pursuant to this chapter
28 is entitled to receive either the securities delivered to the
29 department by the holder, if they still remain in the hands of
30 the department, or the proceeds received from sale, less any
31 amounts deducted pursuant to subsection (2) or s. 717.119 s.
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1 717.123, but no person has any claim under this chapter
2 against the state, the holder, any transfer agent, any
3 registrar, or any other person acting for or on behalf of a
4 holder for any appreciation in the value of the property
5 occurring after delivery by the holder to the state.
6 Section 22. Section 717.123, Florida Statutes, is
7 amended to read:
8 717.123 Deposit of funds.--
9 (1) All funds received under this chapter, including
10 the proceeds from the sale of unclaimed abandoned property
11 under s. 717.122, shall forthwith be deposited by the
12 department in the Unclaimed Property Trust State School Fund.,
13 except that The department shall retain, from funds received
14 under this chapter, in a separate account an amount not
15 exceeding $8 $3 million from which the department it shall
16 make prompt payment of claims allowed by the department and
17 shall pay the it. costs incurred by the department in
18 administering and enforcing this chapter. shall be reimbursed
19 from the All remaining funds received by the department under
20 this chapter shall be deposited by the department into the
21 State School Fund.
22 (2) The department shall record the name and last
23 known address of each person appearing from the holder's
24 reports to be entitled to the unclaimed abandoned property in
25 the total amounts of $5 or greater; the name and the last
26 known address of each insured person or annuitant; and with
27 respect to each policy or contract listed in the report of an
28 insurance corporation, its number, the name of the
29 corporation, and the amount due.
30 Section 23. Subsection (5) of section 717.124, Florida
31 Statutes, is amended to read:
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1 717.124 Filing of claim with department.--
2 (5)(a) If a claimant authorizes a assigns his or her
3 rights to receive payment to an attorney or private
4 investigative agency which is duly licensed to do business in
5 this state to claim the unclaimed property on the claimant's
6 behalf pursuant to a written agreement with such claimant, the
7 department is authorized to make distribution of the property
8 or money in accordance with such power of attorney assignment.
9 (b)1. Payments of approved claims for unclaimed cash
10 accounts may be made to the owner after deducting any fees
11 authorized pursuant to a written power of attorney.
12 2. Payments of fees authorized pursuant to a written
13 power of attorney for approved cash claims shall be forwarded
14 to the designated attorney or private investigative agency.
15 Such payments to private investigative agencies may be made by
16 electronic funds transfer and may be made on such periodic
17 schedule as the department may define by rule, provided the
18 payment intervals do not exceed 31 days.
19 3. Payments of approved claims for unclaimed
20 securities and other intangible ownership interests made to an
21 attorney or private investigative agency shall be promptly
22 deposited into a trust or escrow account which is regularly
23 maintained by the attorney or the private investigative agency
24 in a financial institution authorized to accept such deposits
25 and located in this state.
26 (c) Distribution of unclaimed property by the attorney
27 or private investigative agency to the claimant shall be made
28 within 10 days following final credit of the deposit into the
29 trust or escrow account at the financial institution, unless a
30 party to the agreement protests in writing such distribution
31 before it is made.
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1 (d) The department shall not be civilly or criminally
2 liable for any property or funds distributed pursuant to this
3 subsection, provided such distribution is made in good faith.
4 Section 24. Subsection (1) of section 717.1241,
5 Florida Statutes, is amended to read:
6 717.1241 Conflicting claims.--
7 (1) When ownership has been established but
8 conflicting claims between an owner and an owner's
9 representative, or between two or more owner's
10 representatives, have been filed, the department shall remit
11 the property to the owner's representative or claimant who
12 first filed a claim with the department if the conflict is
13 between an owner and owner's representative, otherwise to the
14 owner's representative who first signed a contract with the
15 owner of the property as follows:
16 (a) If both the owner and the owner's representative
17 file claims for the same property:
18 1. To the owner, if the owner has appointed the
19 owner's representative as the owner's attorney in fact but has
20 not irrevocably assigned the unclaimed property in whole or in
21 part to the owner's representative; or
22 2. To the owner's representative pursuant to s.
23 717.124 if the owner has irrevocably assigned the unclaimed
24 property in whole or in part to the owner's representative.
25 (b) To the owner's representative who first executed a
26 contract with the owner more than 12 months after the property
27 has been reported to the department, unless paragraph (a)
28 applies;
29 (c) To the owner's representative who first executed a
30 contract with the owner within 12 months after the property
31
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1 has been reported to the department, unless paragraph (a) or
2 paragraph (b) applies.
3 Section 25. Section 717.1243, Florida Statutes, is
4 amended to read:
5 717.1243 Small estate accounts Transfer of unclaimed
6 property by operation of law.--When A claim for unclaimed
7 property is made by an heir of an owner who died intestate
8 need, it shall not be accompanied by necessary to accompany
9 the claim with an order of a probate court if the claimant
10 files with the department an affidavit stating that all the
11 heirs have amicably agreed among themselves upon a division of
12 the estate, that the assets of the estate of the owner,
13 excluding the unclaimed property, are sufficient to pay all
14 just claims, and that all funeral expenses, expenses of the
15 last illness, and any other just claims have been paid no
16 probate proceedings have been instituted upon the estate. If
17 the owner died dies testate but the will is not probated, the
18 claim shall be accompanied by a certified copy of the will and
19 an affidavit stating that all funeral expenses, expenses of
20 the last illness, and any other just debts of the estate have
21 been paid the assets of the estate of the owner, excluding the
22 unclaimed property, are sufficient to pay all just claims and
23 that no probate proceedings have been instituted upon the
24 estate. This section only applies if all of the unclaimed
25 property held by the department on behalf of the owner has an
26 aggregate value of $5,000 $1,000 or less.
27 Section 26. Subsections (1) and (2) of section
28 717.125, Florida Statutes, are amended to read:
29 717.125 Claim of another state to recover property;
30 procedure.--
31
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1 (1) At any time after property has been paid or
2 delivered to the department under this chapter, another state
3 may recover the property if:
4 (a) The property was subjected to custody by this
5 state because the records of the holder did not reflect the
6 last known address of the apparent owner when the property was
7 presumed unclaimed abandoned under this chapter, and the other
8 state establishes that the last known address of the apparent
9 owner or other person entitled to the property was in that
10 state and under the laws of that state the property escheated
11 to or was subject to a claim of abandonment or being unclaimed
12 by that state;
13 (b) The last known address of the apparent owner or
14 other person entitled to the property, as reflected by the
15 records of the holder, is in the other state and under the
16 laws of that state the property has escheated to or become
17 subject to a claim of abandonment by that state;
18 (c) The records of the holder were erroneous in that
19 they did not accurately reflect the actual owner of the
20 property and the last known address of the actual owner is in
21 the other state and under laws of that state the property
22 escheated to or was subject to a claim of abandonment by that
23 state;
24 (d) The property was subject to custody by this state
25 under s. 717.103(6) and under the laws of the state of
26 domicile of the holder the property has escheated to or become
27 subject to a claim of abandonment by that state; or
28 (e) The property is the sum payable on a traveler's
29 check, money order, or other similar instrument that was
30 subjected to custody by this state under s. 717.104, and the
31 instrument was purchased in the other state, and under the
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1 laws of that state the property escheated to or became subject
2 to a claim of abandonment by that state.
3 (2) The claim of another state to recover escheated or
4 unclaimed abandoned property under this section must be
5 presented in a form prescribed by the department, and the
6 department shall determine the claim within 90 days after it
7 is presented. Such determination shall contain a notice of
8 rights provided by ss. 120.569 and 120.57.
9 Section 27. Subsection (1) of section 717.129, Florida
10 Statutes, is amended to read:
11 717.129 Periods of limitation.--
12 (1) The expiration before or after July 1, 1987, of
13 any period of time specified by contract, statute, or court
14 order, during which a claim for money or property may be made
15 or during which an action or proceeding may be commenced or
16 enforced to obtain payment of a claim for money or to recover
17 property, does not prevent the money or property from being
18 presumed unclaimed abandoned or affect any duty to file a
19 report or to pay or deliver unclaimed abandoned property to
20 the department as required by this chapter.
21 Section 28. Subsection (3) of section 717.132, Florida
22 Statutes, is amended to read:
23 717.132 Enforcement; cease and desist orders;
24 administrative fines.--
25 (3) In addition to any other powers conferred upon it
26 to enforce and administer the provisions of this chapter, the
27 department may impose and collect an administrative fine
28 against any person found to have violated any provision of
29 this chapter, any rule or order promulgated under this
30 chapter, or any written agreement entered into with the
31 department in an amount not to exceed $2,000 for each
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1 violation. All fines collected under this subsection shall be
2 deposited as received in the Unclaimed Property Trust Fund.
3 Section 29. Section 717.135, Florida Statutes, is
4 amended to read:
5 717.135 Agreement to locate reported property.--
6 (1) All agreements between an owner's representative
7 and an owner for to pay compensation to recover or assist in
8 the recovery of property reported under s. 717.117 shall:
9 (a) Disclose that the property is held by the
10 Department of Banking and Finance pursuant chapter 717,
11 disclose the name of the entity that held the property prior
12 to the property becoming unclaimed, the date of the holder's
13 last contact with the owner according to the department's
14 records, and the approximate value of the property, and
15 identify which of the following categories of unclaimed
16 property the owner's representative is seeking to recover:
17 1. Cash accounts.
18 2. Stale dated checks.
19 3. Life insurance or annuity contract assets.
20 4. Utility deposits.
21 5. Securities or other interests in business
22 associations.
23 6. Wages.
24 7. Accounts receivable.
25 8. Contents of safe deposit boxes.
26 (b) Limit the fees for recovery services to the
27 following percentages for each value range:
28 Claim Range Percentage Fee
29
30 For all dollar values of 100,000 and above 5%
31 For all dollar values from 50,000 to 99,999 8%
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1 For all dollar values from 5,000 to 49,999 12%
2 For all dollar values from 500 to 4,999 20%
3
4 A dollar amount includes any portion of a dollar above such
5 amount. Fees for account claims under $500 are not subject to
6 such percentage limitations. Fees for tangible property
7 accounts shall be limited to such percentages based on the
8 value of the property at the time the agreement for recovery
9 is signed by the apparent owner. Fees for accounts containing
10 securities or other intangible ownership interests, which are
11 not converted to cash, shall be limited to such percentages
12 based on the purchase price of the security as quoted on a
13 national exchange or other market on which the ownership
14 interest is regularly traded at the time the securities or
15 other ownership interest is remitted to the owner's
16 representative. be unenforceable if made within 90 days after
17 attempted notification by the department or within 12 months
18 after such property is reported, whichever occurs first.
19 However, this section shall not apply to contracts made in
20 connection with guardianship proceedings, or the probate of an
21 estate, or corporations.
22 (2) Agreements for recovery of cash accounts shall
23 state the dollar value of the unclaimed property account to be
24 paid to the owner and shall also state the dollar value of
25 compensation to be paid to the owner's representative. All
26 other agreements shall state the approximate value of the
27 security, other intangible ownership interest, or tangible
28 property to be recovered and the percentage fee to be paid to
29 the owner's representative. All agreements shall include the
30 name, social security number, address, and telephone number of
31 the owner and the license number of the owner's
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1 representative. All such agreements to pay compensation shall
2 be signed by the owner of the property and shall be filed by
3 the owner's representative with the claim form. All agreements
4 and/or powers of attorney entered into pursuant to subsection
5 (1) shall contain the following statement directly above the
6 signature in no less than 6-point bold type: "THIS AGREEMENT
7 TO PAY COMPENSATION TO RECOVER ABANDONED PROPERTY REPORTED TO
8 THE STATE OF FLORIDA IS UNENFORCEABLE IF MADE WITHIN 90 DAYS
9 AFTER THE ATTEMPTED NOTIFICATION OR WITHIN 12 MONTHS AFTER
10 SUCH PROPERTY IS REPORTED, WHICHEVER OCCURS FIRST." Any
11 agreement which does not contain this statement shall be
12 unenforceable.
13 Section 30. Section 717.138, Florida Statutes, is
14 amended to read:
15 717.138 Rulemaking authority.--
16 (1) The Department of Banking and Finance shall
17 administer and provide for the enforcement of this chapter.
18 The department may adopt, amend, or repeal any rules necessary
19 or convenient to carry out the duties, obligations, and powers
20 conferred on the department and perform any other acts
21 necessary or convenient to properly administer, enforce, or
22 interpret this chapter, including, without limitation,
23 adopting rules and forms governing reports and claims. The
24 department also has the exclusive power to define by rule any
25 term, whether or not used in this chapter, insofar as the
26 definition is not inconsistent with the provisions of this
27 chapter.
28 (2) No provision of this chapter imposing liability
29 shall apply to an act or omission in conformity with a rule of
30 the department in existence at the time of the act or
31 omission, even though such rule may thereafter be amended,
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1 repealed, or determined by judicial or other authority to be
2 invalid for any reason. The department has authority to adopt
3 rules pursuant to ss. 120.536(1) and 120.54 to implement the
4 provisions of this chapter.
5 Section 31. Subsection (4) of section 732.107, Florida
6 Statutes, is amended to read:
7 732.107 Escheat.--
8 (4) At any time within 10 years after receipt of the
9 property by the state the granting of letters, a person
10 claiming to be entitled to the estate of the decedent may
11 petition to reopen the administration and assert his or her
12 rights to escheated property. If the claimant is entitled to
13 any of the estate of the decedent, the court shall fix the
14 amount to which he or she is entitled, and it shall be repaid
15 to him or her with interest at the legal rate by the officials
16 charged with the disbursement of state school funds. If no
17 claim is asserted within the time fixed, the title of the
18 state to the property and the proceeds shall become absolute.
19 Section 32. Section 717.137, Florida Statutes, is
20 repealed.
21 Section 33. This act shall take effect October 1,
22 2000.
23
24 *****************************************
25 HOUSE SUMMARY
26
Revises and clarifies provisions of ch. 717, F.S.,
27 relating to disposition of unclaimed property, to comport
with other states and model codes. Deletes references to
28 unclaimed property as being abandoned. See bill for
details.
29
30
31
33