House Bill 0615e1

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                                     CS/CS/HB 615, First Engrossed



  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, 717.125, 717.129,

10         F.S.; changing references to property from

11         being abandoned to being unclaimed; amending s.

12         717.106, F.S., to conform; providing an

13         additional criterion for certain property in

14         financial organizations being presumed

15         unclaimed; amending s. 717.112, F.S., to

16         conform; providing a presumption that certain

17         intangible property is unclaimed under certain

18         circumstances; amending s. 717.117, F.S., to

19         conform; deleting a report verification

20         requirement; revising unclaimed property report

21         requirements; revising search and notification

22         requirements for inactive accounts; amending s.

23         717.118, F.S., to conform; revising certain

24         notification procedures; amending s. 717.119,

25         F.S., to conform; authorizing payment of

26         unclaimed funds by electronic transfer;

27         deleting an authorization to deduct reasonable

28         fees from certain sale proceeds; providing

29         valuation and remission of contents of

30         safe-deposit boxes; amending s. 717.122, F.S.,

31         to conform; authorizing the department to


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                                     CS/CS/HB 615, First Engrossed



  1         dispose of certain property under certain

  2         circumstances; amending s. 717.123, F.S.;

  3         revising provisions relating to the disposition

  4         of funds held by the Department of Banking and

  5         Finance with respect to unclaimed property;

  6         amending s. 717.124, F.S.; including

  7         state-certified public accountants among

  8         persons authorized to file claims as owner's

  9         representatives; revising certain procedures

10         for filing claims by owner's representatives

11         and receiving and making payments to an owner

12         or owner's representative; amending s.

13         717.1241; revising provisions governing the

14         resolution of conflicting ownership claims

15         between certain persons; amending s. 717.1243,

16         F.S.; revising provisions for disposition of

17         claims from small estate accounts; amending s.

18         717.132, F.S.; providing for deposit of

19         administrative fines into the Unclaimed

20         Property Trust Fund; amending s. 717.135, F.S.;

21         revising provisions relating to

22         unenforceability of certain agreements to

23         locate reported property; requiring disclosure

24         of certain information; limiting certain

25         recovery fees; specifying agreement

26         requirements; amending s. 732.107, F.S.;

27         deleting an interest rate requirement relating

28         to payments of amounts of escheated property;

29         creating s. 717.1353, F.S.; prohibiting

30         specific conduct of a department employee;

31         repealing s. 717.137, F.S., relating to effect


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                                     CS/CS/HB 615, First Engrossed



  1         and application of certain provisions; amending

  2         s. 493.6102, F.S.; exempting certified public

  3         accountants engaged in the recovery of

  4         unclaimed property and the location of apparent

  5         owners from the provisions of ch. 493, F.S.,

  6         relating to private investigation; providing an

  7         effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Present subsections (8) through (18) of

12  section 717.101, Florida Statutes, are renumbered as

13  subsections (9) through (19), respectively, a new subsection

14  (8) is added to that section, and present subsection (12) is

15  amended, to read:

16         717.101  Definitions.--As used in this chapter, unless

17  the context otherwise requires:

18         (8)  "Due diligence" means the use of reasonable and

19  prudent methods under particular circumstances to locate

20  apparent owners of inactive accounts using the taxpayer

21  identification number or social security number, if known,

22  which may include, but are not limited to, using a nationwide

23  database, cross-indexing with other records of the holder,

24  mailing to the last known address unless the last known

25  address is known to be inaccurate, or engaging a licensed

26  agency or company capable of conducting such search and

27  providing updated addresses.

28         (13)(12)  "Last known address" means a description of

29  the location of the apparent owner sufficient for the purpose

30  of the delivery of mail. For the purposes of identifying,

31  reporting, and remitting to the department property that is


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                                     CS/CS/HB 615, First Engrossed



  1  presumed to be unclaimed, the term "last known address"

  2  includes any partial description of the location of the

  3  apparent owner sufficient to establish that the apparent owner

  4  was a resident of this state at the time of last contact with

  5  the apparent owner or at the time the property became due and

  6  payable.

  7         Section 2.  Subsection (1) of section 717.102, Florida

  8  Statutes, is amended to read:

  9         717.102  Property presumed unclaimed abandoned; general

10  rule.--

11         (1)  All intangible property, including any income or

12  increment thereon less any lawful charges, that is held,

13  issued, or owing in the ordinary course of the holder's

14  business and has remained unclaimed by the owner fails to

15  claim such property for more than 5 years after the property

16  it becomes payable or distributable is presumed unclaimed

17  abandoned, except as otherwise provided by this chapter.

18         Section 3.  Section 717.103, Florida Statutes, is

19  amended to read:

20         717.103  General rules for taking custody of intangible

21  unclaimed property.--Unless otherwise provided in this chapter

22  or by other statute of this state, intangible property is

23  subject to the custody of the department as unclaimed property

24  if the conditions leading to a presumption that the property

25  is unclaimed of abandonment as described in ss. 717.102 and

26  717.105-717.116 are satisfied and:

27         (1)  The last known address, as shown on the records of

28  the holder, of the apparent owner is in this state;

29         (2)  The records of the holder do not reflect the

30  identity of the person entitled to the property, and it is

31


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                                     CS/CS/HB 615, First Engrossed



  1  established that the last known address of the person entitled

  2  to the property is in this state;

  3         (3)  The records of the holder do not reflect the last

  4  known address of the apparent owner, and it is established

  5  that:

  6         (a)  The last known address of the person entitled to

  7  the property is in this state; or

  8         (b)  The holder is a domiciliary or a government or

  9  governmental subdivision or agency of this state and has not

10  previously paid the property to the state of the last known

11  address of the apparent owner or other person entitled to the

12  property;

13         (4)  The last known address, as shown on the records of

14  the holder, of the apparent owner or other person entitled to

15  the property is in a state that does not provide by law for

16  the escheat or custodial taking of the property, or its

17  escheat or unclaimed property law is not applicable to the

18  property, and the holder is a domiciliary or a government or

19  governmental subdivision or agency of this state;

20         (5)  The last known address, as shown on the records of

21  the holder, of the apparent owner is in a foreign nation and

22  the holder is a domiciliary or a government or governmental

23  subdivision or agency of this state; or

24         (6)  The transaction out of which the property arose

25  occurred in this state, and;

26         (a)1.  The last known address of the apparent owner or

27  other person entitled to the property is unknown; or

28         2.  The last known address of the apparent owner or

29  other person entitled to the property is in a state that does

30  not provide by law for the escheat or custodial taking of the

31


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                                     CS/CS/HB 615, First Engrossed



  1  property, or its escheat or unclaimed property law is not

  2  applicable to the property; and

  3         (b)  The holder is a domiciliary of a state that does

  4  not provide by law for the escheat or custodial taking of the

  5  property, or its escheat or unclaimed property law is not

  6  applicable to the property.

  7         Section 4.  Section 717.1035, Florida Statutes, is

  8  amended to read:

  9         717.1035  Property originated or issued by this state,

10  any political subdivision of this state, or any entity

11  incorporated, organized, created, or otherwise located in the

12  state.--

13         (1)  All intangible property, including, but not

14  limited to, any interest, dividend, or other earnings thereon,

15  less any lawful charges, held by a business association,

16  federal, state, or local government or governmental

17  subdivision, agency, or entity, or any other person or entity,

18  regardless of where the holder may be found, if the owner has

19  not claimed or corresponded in writing concerning the property

20  within 3 years after the date prescribed for payment or

21  delivery, is presumed to be unclaimed property abandoned and

22  subject to the custody of this state as such unclaimed

23  property if:

24         (a)  The last known address of the owner is unknown;

25  and

26         (b)  The person or entity originating or issuing the

27  intangible property is this state or any political subdivision

28  of this state, or the person or entity is incorporated,

29  organized, created, or otherwise located in this state.

30         (2)  The provisions of subsection (1) shall not apply

31  to property which is or may be presumed unclaimed abandoned


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                                     CS/CS/HB 615, First Engrossed



  1  and subject to the custody of this state pursuant to any other

  2  provision of law containing a dormancy period different than

  3  that prescribed in subsection (1).

  4         (3)  The provisions of subsection (1) shall apply to

  5  all property held at the time of enactment, or at any time

  6  thereafter, regardless of when such property became or becomes

  7  presumptively unclaimed abandoned.

  8         Section 5.  Subsections (1), (2), and (5) of section

  9  717.104, Florida Statutes, are amended to read:

10         717.104  Traveler's checks and money orders.--

11         (1)  Subject to subsection (4), any sum payable on a

12  traveler's check that has been outstanding for more than 15

13  years after its issuance is presumed unclaimed abandoned

14  unless the owner, within 15 years, has communicated in writing

15  with the issuer concerning it or otherwise indicated an

16  interest as evidenced by a memorandum or other record on file

17  with prepared by an employee of the issuer.

18         (2)  Subject to subsection (4), any sum payable on a

19  money order or similar written instrument, other than a third

20  party bank check, that has been outstanding for more than 7

21  years after its issuance is presumed unclaimed abandoned

22  unless the owner, within 7 years, has communicated in writing

23  with the issuer concerning it or otherwise indicated an

24  interest as evidenced by a memorandum or other record on file

25  with prepared by an employee of the issuer.

26         (5)  Notwithstanding any other provision of this

27  chapter, subsection (4) applies to sums payable on traveler's

28  checks, money orders, and similar written instruments presumed

29  unclaimed abandoned on or after February 1, 1965, except to

30  the extent that those sums have been paid over to a state

31  prior to January 1, 1974.


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                                     CS/CS/HB 615, First Engrossed



  1         Section 6.  Subsection (1) of section 717.105, Florida

  2  Statutes, is amended to read:

  3         717.105  Checks, drafts, and similar instruments issued

  4  or certified by banking and financial organizations.--

  5         (1)  Any sum payable on a check, draft, or similar

  6  instrument, except those subject to ss. 717.104 and 717.115,

  7  on which a banking or financial organization is directly

  8  liable, including, but not limited to by way of illustration

  9  and not limitation, a cashier's check or and a certified

10  check, which has been outstanding for more than 5 years after

11  it was payable or after its issuance if payable on demand, is

12  presumed unclaimed abandoned unless the owner, within 5 years,

13  has communicated in writing with the banking or financial

14  organization concerning it or otherwise indicated an interest

15  as evidenced by a memorandum or other record on file with

16  prepared by an employee of the banking or financial

17  organization.

18         Section 7.  Subsections (1) and (5) of section 717.106,

19  Florida Statutes, are amended to read:

20         717.106  Bank deposits and funds in financial

21  organizations.--

22         (1)  Any demand, savings, or matured time deposit with

23  a banking or financial organization, including deposits that

24  are automatically renewable, and any funds paid toward the

25  purchase of shares, a mutual investment certificate, or any

26  other interest in a banking or financial organization is

27  presumed unclaimed abandoned unless the owner has, within 5

28  years:

29         (a)  In the case of a deposit, Increased or decreased

30  the amount of the deposit or presented the passbook or other

31  similar evidence of the deposit for the crediting of interest;


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                                     CS/CS/HB 615, First Engrossed



  1         (b)  Communicated in writing with the banking or

  2  financial organization concerning the property;

  3         (c)  Otherwise indicated an interest in the property as

  4  evidenced by a memorandum or other record on file with

  5  prepared by an employee of the banking or financial

  6  organization;

  7         (d)  Owned other property to which paragraph (a),

  8  paragraph (b), or paragraph (c) is applicable and if the

  9  banking or financial organization communicates in writing with

10  the owner with regard to the property that would otherwise be

11  presumed unclaimed abandoned under this subsection at the

12  address to which communications regarding the other property

13  regularly are sent; or

14         (e)  Had another relationship with the banking or

15  financial organization concerning which the owner has:

16         1.  Communicated in writing with the banking or

17  financial organization; or

18         2.  Otherwise indicated an interest as evidenced by a

19  memorandum or other record on file with prepared by an

20  employee of the banking or financial organization and if the

21  banking or financial organization communicates in writing with

22  the owner with regard to the property that would otherwise be

23  unclaimed abandoned under this subsection at the address to

24  which communications regarding the other relationship

25  regularly are sent.

26         (f)  Received first class mail, which was not returned

27  as undeliverable, in the ordinary course of business at the

28  address reflected in the banking or financial organization's

29  records.

30         (5)  If the documents establishing a deposit described

31  in subsection (1) state the address of a beneficiary of the


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                                     CS/CS/HB 615, First Engrossed



  1  deposit, and the account has a value of at least $50, notice

  2  shall be given to the beneficiary as provided for notice to

  3  the apparent owner under s. 717.117(4)(5). This subsection

  4  shall apply to accounts opened on or after October 1, 1990.

  5         Section 8.  Subsection (1) of section 717.107, Florida

  6  Statutes, is amended to read:

  7         717.107  Funds owing under life insurance policies.--

  8         (1)  Funds held or owing under any life or endowment

  9  insurance policy or annuity contract which has matured or

10  terminated are presumed unclaimed abandoned if unclaimed for

11  more than 5 years after the funds became due and payable as

12  established from the records of the insurance company holding

13  or owing the funds, but property described in paragraph (3)(b)

14  is presumed unclaimed abandoned if such property is not

15  claimed unclaimed for more than 2 years.

16         Section 9.  Section 717.108, Florida Statutes, is

17  amended to read:

18         717.108  Deposits held by utilities.--Any deposit,

19  including any interest thereon, made by a subscriber with a

20  utility to secure payment or any sum paid in advance for

21  utility services to be furnished, less any lawful charges,

22  that remains unclaimed by the owner for more than 1 year after

23  termination of the services for which the deposit or advance

24  payment was made is presumed unclaimed abandoned.

25         Section 10.  Section 717.109, Florida Statutes, is

26  amended to read:

27         717.109  Refunds held by business associations.--Except

28  to the extent otherwise ordered by the court or administrative

29  agency, any sum that a business association has been ordered

30  to refund by a court or administrative agency which has not

31  been claimed remained unclaimed by the owner for more than 1


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                                     CS/CS/HB 615, First Engrossed



  1  year after it became payable in accordance with the final

  2  determination or order providing for the refund, regardless of

  3  whether the final determination or order requires any person

  4  entitled to a refund to make a claim for it, is presumed

  5  unclaimed abandoned.

  6         Section 11.  Subsections (1), (2), (3), and (4) of

  7  section 717.1101, Florida Statutes, are amended to read:

  8         717.1101  Stock and other intangible interests in

  9  business associations.--

10         (1)  Except as provided in subsections (2) and (5), any

11  stock or other intangible ownership interest in a business

12  association, the existence of which is evidenced by record

13  available to the association, is presumed unclaimed abandoned

14  and, with respect to the interest, the association is the

15  holder, if a dividend, distribution, or other sum payable as a

16  result of the interest is not claimed has for 5 years remained

17  unclaimed by the owner and the owner has not within 5 years:

18         (a)  Communicated in writing with the association or

19  its agent regarding the interest or a dividend, distribution,

20  or other sum payable as a result of the interest; or

21         (b)  Otherwise communicated with the association

22  regarding the interest or a dividend, distribution, or other

23  sum payable as a result of the interest, as evidenced by a

24  memorandum or other record on file with the association or its

25  agent prepared by an employee of the association or its agent.

26         (2)  At the expiration of a 5-year period following the

27  failure of the owner to claim a dividend, distribution, or

28  other sum payable to the owner as a result of the interest,

29  the interest shall not be presumed unclaimed abandoned unless

30  there have been at least five dividends, distributions, or

31  other sums paid during the period, none of which has been


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                                     CS/CS/HB 615, First Engrossed



  1  claimed.  If five dividends, distributions, or other sums are

  2  paid during the 5-year period, the period leading to a

  3  presumption that the interest is unclaimed of abandonment

  4  commences on the date payment of the first such unclaimed

  5  dividend, distribution, or other sum became due and payable.

  6  If five dividends, distributions, or other sums are not paid

  7  during the presumptive period, the period continues to run

  8  until there have been five consecutive dividends,

  9  distributions, or other sums that have not been claimed by the

10  owner.

11         (3)  The running of such the 5-year period of

12  abandonment ceases immediately upon the occurrence of one or

13  more of the conditions referred to in subsection (1).  If any

14  future dividend, distribution, or other sum payable to the

15  owner as a result of the interest is subsequently not claimed

16  by the owner, a new period in which the property is presumed

17  unclaimed of abandonment commences and relates back only to

18  the time a subsequent dividend, distribution, or other sum

19  became due and payable.

20         (4)  At the same time any interest is presumed

21  unclaimed abandoned under this section, any dividend,

22  distribution, or other sum then held for or owing to the owner

23  as a result of the interest, and not previously presumed

24  abandoned, is presumed unclaimed abandoned.

25         Section 12.  Section 717.111, Florida Statutes, is

26  amended to read:

27         717.111  Property of business associations held in

28  course of dissolution.--All intangible property distributable

29  in the course of a voluntary or involuntary dissolution of a

30  business association which is not claimed remains unclaimed by

31


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                                     CS/CS/HB 615, First Engrossed



  1  the owner for more than 6 months after the date specified for

  2  final distribution is presumed unclaimed abandoned.

  3         Section 13.  Subsection (1) of section 717.112, Florida

  4  Statutes, is amended, and subsection (5) is added to that

  5  section, to read:

  6         717.112  Property held by agents and fiduciaries.--

  7         (1)  All intangible property and any income or

  8  increment thereon held in a fiduciary capacity for the benefit

  9  of another person is presumed unclaimed abandoned unless the

10  owner has within 5 years after it has become payable or

11  distributable increased or decreased the principal, accepted

12  payment of principal or income, communicated concerning the

13  property, or otherwise indicated an interest as evidenced by a

14  memorandum or other record on file with prepared by the

15  fiduciary or an employee of the fiduciary.

16         (5)  All intangible property, and any income or

17  increment thereon, issued by a government or governmental

18  subdivision or agency, public corporation, or public authority

19  held in an agency capacity for the governmental subdivision,

20  agency, public corporation, or public authority, for the

21  benefit of the owner of record, is presumed unclaimed unless

22  the owner has, within 1 year after such property has become

23  payable or distributable, increased or decreased the

24  principal, accepted payment of the principal or income,

25  communicated concerning the property, or otherwise indicated

26  an interest in the property as evidenced by a memorandum or

27  other record on file with the fiduciary.

28         Section 14.  Section 717.113, Florida Statutes, is

29  amended to read:

30         717.113  Property held by courts and public

31  agencies.--All intangible property held for the owner by any


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                                     CS/CS/HB 615, First Engrossed



  1  court, government or governmental subdivision or agency,

  2  public corporation, or public authority that has not been

  3  claimed remained unclaimed by the owner for more than 1 year

  4  after it became payable or distributable is presumed unclaimed

  5  abandoned. Notwithstanding the provisions of this section,

  6  funds deposited in the Minerals Trust Fund pursuant to s.

  7  377.247 are presumed unclaimed abandoned only if the funds

  8  have not been claimed remained unclaimed by the owner for more

  9  than 5 years after from the date of first production from the

10  well.

11         Section 15.  Section 717.115, Florida Statutes, is

12  amended to read:

13         717.115  Wages.--Unpaid wages, including wages

14  represented by unpresented payroll checks, owing in the

15  ordinary course of the holder's business that have not been

16  claimed remained unclaimed by the owner for more than 1 year

17  after becoming payable are presumed unclaimed abandoned.

18         Section 16.  Section 717.116, Florida Statutes, is

19  amended to read:

20         717.116  Contents of safe-deposit box or other

21  safekeeping repository.--All tangible and intangible property

22  held in a safe-deposit box or any other safekeeping repository

23  in this state in the ordinary course of the holder's business,

24  and proceeds resulting from the sale of the property permitted

25  by law, that has not been claimed remain unclaimed by the

26  owner for more than 3 years after the lease or rental period

27  on the box or other repository has expired are presumed

28  unclaimed abandoned.

29         Section 17.  Section 717.117, Florida Statutes, is

30  amended to read:

31         717.117  Report of unclaimed abandoned property.--


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  1         (1)  Every person holding funds or other property,

  2  tangible or intangible, presumed unclaimed abandoned and

  3  subject to custody as unclaimed property under this chapter

  4  shall report to the department on such forms as the department

  5  may prescribe by rule with respect to the property as provided

  6  in this section.  In lieu of forms, the holder may submit the

  7  required information via electronic medium as the department

  8  may prescribe by rule.

  9         (2)  The report shall be verified. Verification of a

10  private corporation or unincorporated association shall be

11  made by an officer; of a partnership, by a partner; and of a

12  public corporation, by its chief fiscal officer. The report

13  must include:

14         (a)  Except for with respect to traveler's checks and

15  money orders, the name and taxpayer social security number or

16  federal employer identification number or social security

17  number, date of birth, if known, and last known address, if

18  any, of each person appearing from the records of the holder

19  to be the owner of any property that is presumed unclaimed and

20  that has of a value of $50 or more presumed abandoned under

21  this chapter.

22         (b)  For In the case of unclaimed funds that have a

23  value of $50 or more held or owing under any life or endowment

24  insurance policy or annuity contract, the full name, taxpayer

25  social security number, or federal employer identification

26  number or social security number, date of birth, if known, and

27  last known address of the insured or annuitant and of the

28  beneficiary according to records of the insurance company

29  holding or owing the funds.

30         (c)  For all tangible property held in the case of the

31  contents of a safe-deposit box or other safekeeping repository


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                                     CS/CS/HB 615, First Engrossed



  1  or in the case of other tangible property, a description of

  2  the property and the place where the property it is held and

  3  may be inspected by the department, and any amounts owing to

  4  the holder. Contents of a safe-deposit box or other

  5  safekeeping repository which consist of documents or writings

  6  of a private nature and which have little or no apparent value

  7  shall not be presumed unclaimed abandoned.

  8         (d)  The nature and identifying number, if any, or

  9  description of the property and the amount appearing from the

10  records to be due., but Items of value under $50 each may be

11  reported in the aggregate.

12         (e)  The date the property became payable, demandable,

13  or returnable, and the date of the last transaction with the

14  apparent owner with respect to the property.

15         (f)  Any person or business entity holding funds

16  presumed unclaimed and having abandoned of a total value of

17  $10 or less may file a zero balance negative or nothing-owed

18  report for that reporting period.  The balance brought forward

19  to the new reporting period is zero.

20         (g)  Such other information as which the department may

21  prescribe prescribes by rule as necessary for the

22  administration of this chapter.

23         (h)  Credit balances, customer overpayments, security

24  deposits, and refunds having a value of less than $10 shall

25  not be presumed unclaimed abandoned.

26         (2)(3)  If the holder of person holding property

27  presumed unclaimed abandoned and subject to custody as

28  unclaimed property is a successor holder to other persons who

29  previously held the property for the apparent owner or if the

30  holder has changed the holder's his or her name while in

31  possession of holding the property, the holder he or she shall


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  1  file with the holder's his or her report all known names and

  2  addresses of each prior previous holder of the property.

  3  Compliance with this subsection means that the holder

  4  exercises reasonable and prudent efforts to determine the

  5  names of all prior holders.

  6         (3)(4)  The report must be filed before May 1 of each

  7  year.  Such report shall apply to the preceding calendar year.

  8  If such report is not filed on or before the applicable filing

  9  date, the holder shall pay to the department a penalty of $10

10  per day for each day the report is delinquent, but such

11  penalty shall not exceed $500. As necessary for proper

12  administration of this chapter, the department may waive any

13  penalty due with appropriate justification.  On written

14  request by any person required to file a report, the

15  department may postpone the reporting date.

16         (4)(5)  Holders of inactive accounts shall use due

17  diligence to locate apparent owners. Not more than 120 days

18  prior to filing the report required by this section, the

19  holder in possession of property presumed abandoned and

20  subject to custody as unclaimed property under this chapter

21  shall send written notice to the apparent owner at his or her

22  last known address informing him or her that the holder is in

23  possession of property subject to this chapter if:

24         (a)  When an owner's account becomes inactive, the

25  holder shall conduct at least one search for the apparent

26  owner using due diligence.  For purposes of this section, an

27  account is inactive if 2 years have transpired after the last

28  owner-initiated account activity, the expiration date on the

29  instrument or contract, or first-class mail has been returned

30  as undeliverable.

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                                     CS/CS/HB 615, First Engrossed



  1         1.  Within 180 days after an account becomes inactive,

  2  the holder shall conduct a search to locate the apparent owner

  3  of the property. The holder may satisfy such requirement by

  4  conducting one annual search for the owners of all accounts

  5  which have become inactive during the prior year.

  6         2.  Within 30 days after receiving updated address

  7  information, the holder shall provide notice by telephone or

  8  first-class mail to the current address notifying the apparent

  9  owner that the holder is in possession of property which is

10  presumed unclaimed and may be remitted to the department. The

11  notice shall also provide the apparent owner with the address

12  or the telephone number of an office where the apparent owner

13  may claim the property or reestablish the inactive account.

14  The holder has in its records an address for the apparent

15  owner which the holder's records do not disclose to be

16  inaccurate.

17         (b)  The claim of the apparent owner is not barred by

18  the statute of limitations.

19         (5)(6)  Any holder of intangible property may file with

20  the department a petition for determination that the property

21  is unclaimed abandoned requesting the department to accept

22  custody of the property.  The petition shall state any special

23  circumstances that exist, contain the information required by

24  subsection (2), and show that a diligent search has been made

25  to locate the owner.  If the department finds that the proof

26  of diligent search is satisfactory, it shall give notice as

27  provided in s. 717.118 and accept custody of the property.

28         (6)(7)  Upon On written request by any entity or person

29  required to file a report, stating the entity's or the

30  person's their justification for such action, the department

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                                     CS/CS/HB 615, First Engrossed



  1  may place that entity or person in an inactive status as an

  2  unclaimed abandoned property "holder."

  3         (7)(8)  This section shall not apply to the unclaimed

  4  patronage refunds as provided for by contract or through bylaw

  5  provisions of entities organized under chapter 425.

  6         Section 18.  Section 717.118, Florida Statutes, is

  7  amended to read:

  8         717.118  Notice and publication of lists of unclaimed

  9  abandoned property.--

10         (1)  It is specifically recognized that the state has

11  an obligation to make an effort to notify owners of unclaimed

12  abandoned property in a cost-effective manner. In order to

13  provide all the citizens of this state an effective and

14  efficient program for the recovery of unclaimed abandoned

15  property, the department shall use cost-effective means to

16  make at least one active a single attempt to notify owners of

17  the existence of unclaimed abandoned property held by the

18  department. Such active attempt to locate apparent owners

19  shall include any attempt by the department to directly

20  contact the owner.  Other The means of notification, such as

21  publication of the names of owners in the newspaper, on

22  television, on the Internet, or through other promotional

23  efforts and items in which the department does not directly

24  attempt to contact the owner are expressly declared to be

25  passive attempts. Nothing in this subsection precludes other

26  agencies or entities of state government from notifying owners

27  of the existence of unclaimed property or attempting to locate

28  apparent owners of unclaimed property. may include post,

29  print, visual, telecommunications, or electronic media.

30  Publication of the names of owners on the Internet is not an

31  attempt to notify owners under this subsection. The department


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                                     CS/CS/HB 615, First Engrossed



  1  shall implement such notification within 13 months following

  2  the receipt of the report required by s. 717.117.

  3         (2)  The following notification requirements shall

  4  apply:

  5         (a)  Notifications that are published or televised may

  6  shall consist of the names of apparent owners of unclaimed

  7  abandoned property, listed in alphabetical order, and

  8  information regarding recovery of unclaimed abandoned property

  9  from the department. Such notification may shall be televised

10  or published in the county in which the last known address of

11  the apparent owner is located or, if the address is unknown,

12  in the county in which the holder has its principal place of

13  business. Published notifications may must be in accordance

14  with s. 50.011.

15         (b)  Notification provided directly to individual

16  apparent owners shall consist of a description of the property

17  and information regarding recovery of unclaimed abandoned

18  property from the department.

19         (3)  The department may shall publish in the notice any

20  items of more than $100.

21         (4)  This section is not applicable to sums payable on

22  traveler's checks, money orders, and other written instruments

23  presumed unclaimed abandoned under s. 717.104.

24         Section 19.  Section 717.119, Florida Statutes, is

25  amended to read:

26         717.119  Payment or delivery of unclaimed abandoned

27  property.--

28         (1)  Every person who is required to file a report

29  under s. 717.117 shall simultaneously pay or deliver to the

30  department all unclaimed abandoned property required to be

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                                     CS/CS/HB 615, First Engrossed



  1  reported.  Such payment or delivery shall accompany the report

  2  as required in this chapter for the preceding calendar year.

  3         (2)  Payment of unclaimed funds may be made to the

  4  department by electronic funds transfer.

  5         (3)(2)  If the owner establishes the right to receive

  6  the unclaimed abandoned property to the satisfaction of the

  7  holder before the property has been delivered to the

  8  department or it appears that for some other reason the

  9  presumption that the property is unclaimed of abandonment is

10  erroneous, the holder need not pay or deliver the property to

11  the department., which will no longer be presumed abandoned,

12  but In lieu of delivery, the holder thereof shall file a

13  verified written explanation of the proof of claim or of the

14  error in the presumption that the property was unclaimed of

15  abandonment.

16         (4)(3)  All stock or other intangible ownership

17  interest reported under this chapter on the annual report

18  filing required in s. 717.117 shall be sold and the proceeds

19  remitted to the department with the report.  Reasonable fees

20  within the industry's standards may be deducted from the

21  proceeds for the costs of selling the stock or other

22  intangible ownership interest.  Upon delivery of the stock or

23  other intangible ownership interest net proceeds to the

24  department, the holder and any transfer agent, registrar, or

25  other person acting for or on behalf of a holder is relieved

26  of all liability of every kind in accordance with the

27  provisions of s. 717.1201 to every person for any losses or

28  damages resulting to the person by the sale and delivery to

29  the department of the stock or other intangible ownership

30  interest net proceeds.

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                                     CS/CS/HB 615, First Engrossed



  1         (5)(4)  All intangible and tangible property held in a

  2  safe-deposit box or any other safekeeping repository reported

  3  under s. 717.117 shall not be delivered to the department

  4  until 120 days after the report due date. Holders may remit

  5  the value of cash and coins found in unclaimed safe-deposit

  6  boxes to the department by cashier's check or by electronic

  7  funds transfer, unless the cash or coins have a value above

  8  face value.  The department shall identify by rule those cash

  9  and coin items having a numismatic value. Cash and coin items

10  identified as having a numismatic value shall be remitted to

11  the department in their original form.

12         (a)  If such property is not paid or delivered to the

13  department filed on or before the applicable payment or

14  delivery filing date, the holder shall pay to the department a

15  penalty of $10 for each safe-deposit box received late, but

16  such penalty shall not exceed $1,000. As necessary for proper

17  administration of this chapter,

18         (b)  The department may waive any penalty due with

19  appropriate justification, as provided by rule.

20         (c)  Upon On written request by any person required to

21  deliver safe-deposit box contents, the department may postpone

22  the delivery.

23         (6)(5)  Any holder may request an extension in writing

24  of up to 60 days for the delivery of property if extenuating

25  circumstances exist for the late delivery of the property.

26  Any such extension, and the department may grant shall be such

27  an extension in writing.

28         Section 20.  Subsection (6) of section 717.1201,

29  Florida Statutes, is amended to read:

30         717.1201  Custody by state; holder relieved from

31  liability; reimbursement of holder paying claim; reclaiming


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                                     CS/CS/HB 615, First Engrossed



  1  for owner; defense of holder; payment of safe-deposit box or

  2  repository charges.--

  3         (6)  For the purposes of this section, "good faith"

  4  means that:

  5         (a)  Payment or delivery was made in a reasonable

  6  attempt to comply with this chapter.

  7         (b)  The person delivering the property was not a

  8  fiduciary then in breach of trust in respect to the property

  9  and had a reasonable basis for believing, based on the facts

10  then known to that person, that the property was unclaimed

11  abandoned for the purposes of this chapter.

12         (c)  There is no showing that the records pursuant to

13  which the delivery was made did not meet reasonable commercial

14  standards of practice in the industry.

15         Section 21.  Subsections (1), (2), and (3) of section

16  717.122, Florida Statutes, are amended to read:

17         717.122  Public sale of unclaimed abandoned property.--

18         (1)  Except as provided in subsection (2), the

19  department after the receipt of unclaimed abandoned property

20  shall sell it to the highest bidder at public sale wherever in

21  whatever city in the state affords in the judgment of the

22  department the most favorable market for the property involved

23  exists.  The department may decline the highest bid and

24  reoffer the property for sale if in the judgment of the

25  department the bid is insufficient.  The department shall have

26  the discretion to withhold from sale any unclaimed abandoned

27  property that the department deems to be of benefit to the

28  people of the state.  If in the judgment of the department the

29  probable cost of sale exceeds the value of the property, it

30  need not be offered for sale and may be disposed of as the

31  department determines appropriate.  Any sale held under this


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                                     CS/CS/HB 615, First Engrossed



  1  section must be preceded by a single publication of notice, at

  2  least 3 weeks in advance of sale, in a newspaper of general

  3  circulation in the county in which the property is to be sold.

  4         (2)  Securities listed on an established stock exchange

  5  must be sold at prices prevailing at the time of sale on the

  6  exchange.  Other securities may be sold over the counter at

  7  prices prevailing at the time of sale or by any other method

  8  the department deems advisable.  The department may authorize

  9  the agent or broker acting on behalf of the department to

10  deduct fees from the proceeds of these sales at a rate agreed

11  upon in advance by the agent or broker and the department.

12  The department shall reimburse owners accounts for these

13  brokerage fees from the State School Fund unless the

14  securities are sold at the owner's request.

15         (3)  Unless the department deems it to be in the public

16  interest to do otherwise, all securities presumed unclaimed

17  abandoned and delivered to the department may be sold upon

18  receipt.  Any person making a claim pursuant to this chapter

19  is entitled to receive either the securities delivered to the

20  department by the holder, if they still remain in the hands of

21  the department, or the proceeds received from sale, less any

22  amounts deducted pursuant to subsection (2) s. 717.123, but no

23  person has any claim under this chapter against the state, the

24  holder, any transfer agent, any registrar, or any other person

25  acting for or on behalf of a holder for any appreciation in

26  the value of the property occurring after delivery by the

27  holder to the state.

28         Section 22.  Section 717.123, Florida Statutes, is

29  amended to read:

30         717.123  Deposit of funds.--

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                                     CS/CS/HB 615, First Engrossed



  1         (1)  All funds received under this chapter, including

  2  the proceeds from the sale of unclaimed abandoned property

  3  under s. 717.122, shall forthwith be deposited by the

  4  department in the Unclaimed Property Trust State School Fund.,

  5  except that The department shall retain, from funds received

  6  under this chapter, in a separate account an amount not

  7  exceeding $8 $3 million from which the department it shall

  8  make prompt payment of claims allowed by the department and

  9  shall pay the it. costs incurred by the department in

10  administering and enforcing this chapter. shall be reimbursed

11  from the All remaining funds received by the department under

12  this chapter shall be deposited by the department into the

13  State School Fund.

14         (2)  The department shall record the name and last

15  known address of each person appearing from the holder's

16  reports to be entitled to the unclaimed abandoned property in

17  the total amounts of $5 or greater; the name and the last

18  known address of each insured person or annuitant; and with

19  respect to each policy or contract listed in the report of an

20  insurance corporation, its number, the name of the

21  corporation, and the amount due.

22         Section 23.  Subsection (5) of section 717.124, Florida

23  Statutes, is amended to read:

24         717.124  Filing of claim with department.--

25         (5)(a)  If an owner authorizes a claimant assigns his

26  or her rights to receive payment to an attorney, a

27  Florida-certified public accountant, or a private

28  investigative agency that which is duly licensed to do

29  business in this state to claim the unclaimed property on the

30  claimant's behalf pursuant to a written agreement with such

31  claimant, the department is authorized to make distribution of


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                                     CS/CS/HB 615, First Engrossed



  1  the property or money in accordance with such power of

  2  attorney assignment.

  3         (b)1.  Payments of approved claims for unclaimed cash

  4  accounts shall be made to the owner after deducting any fees

  5  authorized pursuant to a written power of attorney.

  6         2.  Payments of fees authorized pursuant to a written

  7  power of attorney for approved cash claims shall be forwarded

  8  to the designated attorney, Florida-certified public

  9  accountant, or private investigative agency. Such payments may

10  be made by electronic funds transfer and may be made on such

11  periodic schedule as the department may define by rule,

12  provided the payment intervals do not exceed 31 days.

13         3.  Payments of approved claims for unclaimed

14  securities and other intangible ownership interests made to an

15  attorney, a Florida-certified public accountant, or a private

16  investigative agency shall be promptly deposited into a trust

17  or escrow account which is regularly maintained by the

18  attorney, the Florida-certified public accountant, or the

19  private investigative agency in a financial institution

20  authorized to accept such deposits and located in this state.

21         (c)  Distribution of unclaimed property by the

22  attorney, the Florida-certified public accountant, or the

23  private investigative agency to the claimant shall be made

24  within 10 days following final credit of the deposit into the

25  trust or escrow account at the financial institution, unless a

26  party to the agreement protests in writing such distribution

27  before it is made.

28         (d)  The department shall not be civilly or criminally

29  liable for any property or funds distributed pursuant to this

30  subsection, provided such distribution is made in good faith.

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                                     CS/CS/HB 615, First Engrossed



  1         Section 24.  Subsection (1) of section 717.1241,

  2  Florida Statutes, is amended to read:

  3         717.1241  Conflicting claims.--

  4         (1)  When ownership has been established but

  5  conflicting claims have been received by the department, the

  6  property shall be remitted:

  7         (a)  To the person submitting the first claim received

  8  by the department;

  9         (b)  To the owner if an owner's claim and an owner's

10  representative's claim are received by the department on the

11  same day;

12         (c)  To the owner's representative who has the earliest

13  dated contract with the owner if claims by two or more owner's

14  representatives are received by the department on the same

15  day. filed, the department shall remit the property as

16  follows:

17         (a)  If both the owner and the owner's representative

18  file claims for the same property:

19         1.  To the owner, if the owner has appointed the

20  owner's representative as the owner's attorney in fact but has

21  not irrevocably assigned the unclaimed property in whole or in

22  part to the owner's representative; or

23         2.  To the owner's representative pursuant to s.

24  717.124 if the owner has irrevocably assigned the unclaimed

25  property in whole or in part to the owner's representative.

26         (b)  To the owner's representative who first executed a

27  contract with the owner more than 12 months after the property

28  has been reported to the department, unless paragraph (a)

29  applies;

30         (c)  To the owner's representative who first executed a

31  contract with the owner within 12 months after the property


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                                     CS/CS/HB 615, First Engrossed



  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 a beneficiary, as defined in s.

  8  731.201(2), an heir of a deceased an owner who died intestate,

  9  it shall need not be accompanied by necessary to accompany the

10  claim with an order of a probate court if the claimant files

11  with the department an affidavit, signed by all beneficiaries,

12  stating that all the beneficiaries the heirs have amicably

13  agreed among themselves upon a division of the estate, that

14  the assets of the estate of the owner, excluding the unclaimed

15  property, are sufficient to pay all just claims, and that all

16  funeral expenses, expenses of the last illness, and any other

17  lawful claims have been paid no probate proceedings have been

18  instituted upon the estate. If the owner died dies testate but

19  the will is not probated, the claim shall be accompanied by a

20  certified copy of the will and an affidavit stating that the

21  assets of the estate of the owner, excluding the unclaimed

22  property, are sufficient to pay all just claims and that no

23  probate proceedings have been instituted upon the estate.

24         (2)  The persons receiving property under this section

25  shall be personally liable for all lawful claims against the

26  estate of the owner, but only to the extent of the value of

27  the property received by each person under this section,

28  exclusive of the property exempt from claims of creditors

29  under the constitution and statutes of Florida.

30         (3)  Any heir or devisee of the owner who was lawfully

31  entitled to share in the property but who did not receive his


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                                     CS/CS/HB 615, First Engrossed



  1  or her share of the property, may enforce his or her rights in

  2  appropriate proceedings against those who received the

  3  property, and shall be awarded taxable costs as in chancery

  4  actions, including attorney's fees.

  5         (4)  This section only applies if all of the unclaimed

  6  property held by the department on behalf of the owner has an

  7  aggregate value of $5,000 $1,000 or less and no probate

  8  proceeding is pending.

  9         Section 26.  Subsections (1) and (2) of section

10  717.125, Florida Statutes, are amended to read:

11         717.125  Claim of another state to recover property;

12  procedure.--

13         (1)  At any time after property has been paid or

14  delivered to the department under this chapter, another state

15  may recover the property if:

16         (a)  The property was subjected to custody by this

17  state because the records of the holder did not reflect the

18  last known address of the apparent owner when the property was

19  presumed unclaimed abandoned under this chapter, and the other

20  state establishes that the last known address of the apparent

21  owner or other person entitled to the property was in that

22  state and under the laws of that state the property escheated

23  to or was subject to a claim of abandonment or being unclaimed

24  by that state;

25         (b)  The last known address of the apparent owner or

26  other person entitled to the property, as reflected by the

27  records of the holder, is in the other state and under the

28  laws of that state the property has escheated to or become

29  subject to a claim of abandonment by that state;

30         (c)  The records of the holder were erroneous in that

31  they did not accurately reflect the actual owner of the


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                                     CS/CS/HB 615, First Engrossed



  1  property and the last known address of the actual owner is in

  2  the other state and under laws of that state the property

  3  escheated to or was subject to a claim of abandonment by that

  4  state;

  5         (d)  The property was subject to custody by this state

  6  under s. 717.103(6) and under the laws of the state of

  7  domicile of the holder the property has escheated to or become

  8  subject to a claim of abandonment by that state; or

  9         (e)  The property is the sum payable on a traveler's

10  check, money order, or other similar instrument that was

11  subjected to custody by this state under s. 717.104, and the

12  instrument was purchased in the other state, and under the

13  laws of that state the property escheated to or became subject

14  to a claim of abandonment by that state.

15         (2)  The claim of another state to recover escheated or

16  unclaimed abandoned property under this section must be

17  presented in a form prescribed by the department, and the

18  department shall determine the claim within 90 days after it

19  is presented.  Such determination shall contain a notice of

20  rights provided by ss. 120.569 and 120.57.

21         Section 27.  Subsection (1) of section 717.129, Florida

22  Statutes, is amended to read:

23         717.129  Periods of limitation.--

24         (1)  The expiration before or after July 1, 1987, of

25  any period of time specified by contract, statute, or court

26  order, during which a claim for money or property may be made

27  or during which an action or proceeding may be commenced or

28  enforced to obtain payment of a claim for money or to recover

29  property, does not prevent the money or property from being

30  presumed unclaimed abandoned or affect any duty to file a

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                                     CS/CS/HB 615, First Engrossed



  1  report or to pay or deliver unclaimed abandoned property to

  2  the department as required by this chapter.

  3         Section 28.  Subsection (3) of section 717.132, Florida

  4  Statutes, is amended to read:

  5         717.132  Enforcement; cease and desist orders;

  6  administrative fines.--

  7         (3)  In addition to any other powers conferred upon it

  8  to enforce and administer the provisions of this chapter, the

  9  department may impose and collect an administrative fine

10  against any person found to have violated any provision of

11  this chapter, any rule or order promulgated under this

12  chapter, or any written agreement entered into with the

13  department in an amount not to exceed $2,000 for each

14  violation. All fines collected under this subsection shall be

15  deposited as received in the Unclaimed Property Trust Fund.

16         Section 29.  Section 717.135, Florida Statutes, is

17  amended to read:

18         717.135  Agreement to locate reported property.--

19         (1)  All agreements between an owner's representative

20  and an owner for to pay compensation to recover or assist in

21  the recovery of property reported to the department under s.

22  717.117 shall either:

23         (a)  Limit the fees for services for each owner

24  contract to the following percentages:

25         1.  For all contracts with dollar values of $100,000

26  and above, 7 percent.

27         2.  For all contracts with dollar values from $50,000

28  to $99,999, 10 percent.

29         3.  For all contracts with dollar values from $5,000 to

30  $49,999, 12 percent.

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                                     CS/CS/HB 615, First Engrossed



  1         4.  For all contracts with dollar values from $500 to

  2  $4,999, 20 percent.

  3

  4  Fees for account claims under $500 are not subject to such

  5  percentage limitations. Fees for cash accounts shall be based

  6  on the value of the property at the time the agreement for

  7  recovery is signed by the apparent owner. Fees for accounts

  8  containing securities or other intangible ownership interests,

  9  which are not converted to cash, shall be based on the

10  purchase price of the security as quoted on a national

11  exchange or other market on which the ownership interest is

12  regularly traded at the time the securities or other ownership

13  interest is remitted to the owner or the owner's

14  representative. Fees for tangible property or safe-deposit box

15  accounts shall be based on the value of the tangible property

16  or contents of the safe-deposit box at the time the ownership

17  interest is transferred or remitted to the owner or the

18  owner's representative; or

19         (b)  Disclose that the property is held by a

20  governmental entity, pursuant to chapter 717, and the person

21  or type of entity that held the property prior to the property

22  becoming unclaimed, the date of the holder's last contact with

23  the owner, if known, the approximate value of the property,

24  and identify which of the following categories of unclaimed

25  property the owner's representative is seeking to recover:

26         1.  Cash accounts;

27         2.  Stale dated checks;

28         3.  Life insurance or annuity contract assets;

29         4.  Utility deposits;

30         5.  Securities or other interests in business

31  associations;


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                                     CS/CS/HB 615, First Engrossed



  1         6.  Wages;

  2         7.  Accounts receivable; and

  3         8.  Contents of safe-deposit boxes. be unenforceable if

  4  made within 90 days after attempted notification by the

  5  department or within 12 months after such property is

  6  reported, whichever occurs first.

  7

  8  However, this section shall not apply to contracts made in

  9  connection with guardianship proceedings, or the probate of an

10  estate, or corporations.

11         (2)(a)  Agreements for recovery of cash accounts shall

12  state the dollar value of the unclaimed property account to be

13  paid to the owner and shall also state the dollar value of

14  compensation to be paid to the owner's representative.

15         (b)  Agreements for recovery of accounts containing

16  securities, safe-deposit box accounts, other intangible or

17  tangible ownership interest, or other types of accounts except

18  cash accounts, shall state the approximate value of the

19  unclaimed property and the percentage value of compensation to

20  be paid to the owner's representative.

21         (c)  All agreements shall include the name, the

22  address, the professional license number of the owner's

23  representative, and if available, taxpayer identification or

24  social security number and telephone number of the owner.  All

25  such agreements to pay compensation shall be signed by the

26  owner of the property and shall be filed by the owner's

27  representative with the claim form.

28         (2)  All agreements and/or powers of attorney entered

29  into pursuant to subsection (1) shall contain the following

30  statement directly above the signature in no less than 6-point

31  bold type:  "THIS AGREEMENT TO PAY COMPENSATION TO RECOVER


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                                     CS/CS/HB 615, First Engrossed



  1  ABANDONED PROPERTY REPORTED TO THE STATE OF FLORIDA IS

  2  UNENFORCEABLE IF MADE WITHIN 90 DAYS AFTER THE ATTEMPTED

  3  NOTIFICATION OR WITHIN 12 MONTHS AFTER SUCH PROPERTY IS

  4  REPORTED, WHICHEVER OCCURS FIRST." Any agreement which does

  5  not contain this statement shall be unenforceable.

  6         Section 30.  Section 717.1353, Florida Statutes, is

  7  created to read:

  8         717.1353  Conduct of an employee.--If an owner has

  9  entered into a contract with an owner's representative for the

10  recovery of unclaimed property, no personnel of the department

11  shall intentionally advise or recommend that the owner

12  discontinue the use of an owner's representative to assist in

13  the recovery of unclaimed property under this chapter. This

14  section shall not be construed as a waiver of sovereign

15  immunity.

16         Section 31.  Subsection (4) of section 732.107, Florida

17  Statutes, is amended to read:

18         732.107  Escheat.--

19         (4)  At any time within 10 years after receipt of the

20  property by the state the granting of letters, a person

21  claiming to be entitled to the estate of the decedent may

22  petition to reopen the administration and assert his or her

23  rights to escheated property. If the claimant is entitled to

24  any of the estate of the decedent, the court shall fix the

25  amount to which he or she is entitled, and it shall be repaid

26  to him or her with interest at the legal rate by the officials

27  charged with the disbursement of state school funds.  If no

28  claim is asserted within the time fixed, the title of the

29  state to the property and the proceeds shall become absolute.

30         Section 32.  Section 717.137, Florida Statutes, is

31  repealed.


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                                     CS/CS/HB 615, First Engrossed



  1         Section 33.  Subsection (15) is added to section

  2  493.6102, Florida Statutes, to read:

  3         493.6102  Inapplicability of parts I through IV of this

  4  chapter.--This chapter shall not apply to:

  5         (15)  Any person licensed as a Florida-certified public

  6  accountant pursuant to chapter 473 and who is engaged in the

  7  recovery of unclaimed property and the location of apparent

  8  owners of such property pursuant to the provisions of chapter

  9  717.

10         Section 34.  This act shall take effect October 1,

11  2000.

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