HB 1039

1	A bill to be entitled
2	An act relating to unclaimed property; amending s.
3	717.101, F.S.; providing definitions; amending ss.
4	717.106, 717.107, 717.109, and 717.116, F.S.; revising
5	criteria for presuming as unclaimed certain bank deposits
6	and funds in financial organizations, funds owing under
7	life insurance policies, funds held by business
8	associations, and property held in a safe-deposit box or
9	other safekeeping repository, respectively; amending s.
10	717.117, F.S.; revising reporting requirements for
11	unclaimed property; presuming certain accounts as
12	unclaimed under certain circumstances; amending s.
13	717.118, F.S.; providing requirements for notification of
14	apparent owners of unclaimed property; amending s.
15	717.119, F.S.; revising requirements for delivery of
16	certain unclaimed property; providing penalties for late
17	deliveries; amending s. 717.1201, F.S.; revising certain
18	holder payment and repayment requirements; amending s.
19	717.122, F.S.; revising certain public sale requirements;
20	authorizing the Department of Financial Services to deduct
21	certain auction fees, costs, and expenses; prohibiting
22	actions or proceedings against the department for certain
23	decisions relating to auctions of unclaimed property;
24	specifying that certain sales of unclaimed property are
25	not subject to the sales tax; amending s. 717.123, F.S.;
26	increasing a maximum amount of funds the department may
27	retain from certain funds received; amending s. 717.124,
28	F.S.; providing additional requirements for filing
29	unclaimed property claims; providing for the return or
30	withdrawal of certain claims under certain circumstances;
31	specifying a time period for department determination of
32	claims; authorizing the department to deny claims under
33	certain circumstances; specifying an exclusive remedy for
34	subsequent claimants; revising requirements for a power of
35	attorney; requiring direct delivery of safe-deposit boxes
36	under certain circumstances; revising payment of fees and
37	costs requirements; creating s. 717.12403, F.S.; providing
38	presumptions for certain unclaimed demand, savings, or
39	checking accounts in financial institutions with more than
40	one beneficiary; creating s. 717.12404, F.S.; providing
41	requirements for claims for property reported in the name
42	of a dissolved corporation; creating s. 717.12405, F.S.;
43	providing requirements; for claims by estates; amending s.
44	717.1241, F.S.; revising requirements for remittance of
45	property subject to conflicting claims; amending s.
46	717.1242, F.S.; clarifying legislative intent relating to
47	filing certain claims; creating s. 717.1244, F.S.;
48	providing criteria for department determinations of
49	claims; amending s. 717.126, F.S.; providing a criterion
50	for proof of entitlement; specifying venue in certain
51	unclaimed property actions; creating s. 717.1261, F.S.;
52	requiring a death certificate in claiming entitlement to
53	certain unclaimed property; creating s. 717.1262, F.S.;
54	requiring certain court documents in claiming entitlement
55	to certain unclaimed property; amending s. 717.1301, F.S.;
56	revising certain fee and expense requirements for
57	investigations or examinations; providing for interest on
58	such amounts under certain circumstances; amending s.
59	717.1311, F.S.; deleting a requirement to pay certain
60	amounts for failing to maintain certain records; amending
61	s. 717.1315, F.S.; clarifying a record retention
62	requirement for owner representatives; amending s.
63	717.132, F.S.; specifying criteria for certain corrective
64	actions; creating s. 717.1322, F.S.; specifying grounds
65	for certain disciplinary actions; providing for certain
66	disciplinary actions; amending s. 717.133, F.S.; deleting
67	authorization for the department to enter into certain
68	contracts for certain purposes; creating s. 717.1331,
69	F.S.; providing for department actions against certain
70	lienholders under certain circumstances; creating s.
71	717.1332, F.S.; authorizing the department to enter into
72	certain audit or examination contracts; exempting
73	contingency fee contracts from certain competitive
74	solicitation requirements; creating s. 717.1333, F.S.;
75	providing for admitting certain documents into evidence in
76	certain actions; amending s. 717.134, F.S.; authorizing
77	the department to impose and collect penalties for failing
78	to report certain information; authorizing the department
79	waive such penalties under certain circumstances; creating
80	s. 717.1341, F.S.; prohibiting receipt of unentitled
81	unclaimed property; providing for liability for such
82	property under certain circumstances; authorizing the
83	department to maintain certain civil or administrative
84	actions; providing for fines, costs, and attorney fees;
85	prohibiting filing claims for unentitled unclaimed
86	property; providing criminal penalties; amending s.
87	717.135, F.S.; revising requirements for agreements to
88	recover certain property; providing an agreement form;
89	creating s. 717.1351, F.S.; providing requirements for
90	acquisition of unclaimed property by certain persons;
91	providing certain contract requirements; providing a
92	contract form; creating s. 717.1400, F.S.; providing
93	requiring certain licensed persons to register with the
94	department for certain purposes; providing registration
95	requirements; providing for denial of registration under
96	certain circumstances; providing registration limitations;
97	amending s. 212.02, F.S.; revising a definition to
98	conform; amending ss. 322.142 and 395.3025, F.S.;
99	providing for disclosure of certain confidential
100	information to the department under certain circumstances;
101	providing an effective date.
102
103	Be It Enacted by the Legislature of the State of Florida:
104
105	Section 1.  Subsection (15) of section 717.101, Florida
106	Statutes, is renumbered as subsection (16) and amended,
107	subsections (5) through (18) are renumbered as subsections (6)
108	through (19), respectively, present subsection (19) is
109	renumbered as subsection (21), and new subsections (5) and (20)
110	are added to said section, to read:
111	717.101  Definitions.--As used in this chapter, unless the
112	context otherwise requires:
113	(5)  "Claimant" means the person on whose behalf a claim is
114	filed.
115	(16)(15)  "Owner" means a depositor in the case of a
116	deposit, a beneficiary in case of a trust or other than a
117	deposit in trust, a claimant, or a payee in the case of other
118	intangible property, or a person having a legal or equitable
119	interest in property subject to this chapter or his or her legal
120	representative.
121	(20)  "Ultimate equitable owner" means a natural person
122	who, directly or indirectly, owns or controls an ownership
123	interest in a corporation, a foreign corporation, an alien
124	business organization, or any other form of business
125	organization, regardless of whether such natural person owns or
126	controls such ownership interest through one or more natural
127	persons or one or more proxies, powers of attorney, nominees,
128	corporations, associations, partnerships, trusts, joint stock
129	companies, or other entities or devices, or any combination
130	thereof.
131	Section 2.  Paragraphs (b), (d), (e), and (f) of subsection
132	(1) of section 717.106, Florida Statutes, are amended to read:
133	717.106  Bank deposits and funds in financial
134	organizations.--
135	(1)  Any demand, savings, or matured time deposit with a
136	banking or financial organization, including deposits that are
137	automatically renewable, and any funds paid toward the purchase
138	of shares, a mutual investment certificate, or any other
139	interest in a banking or financial organization is presumed
140	unclaimed unless the owner has, within 5 years:
141	(b)  Communicated in writing or by telephone with the
142	banking or financial organization concerning the property;
143	(d)  Owned other property to which paragraph (a), paragraph
144	(b), or paragraph (c) is applicable and if the banking or
145	financial organization communicates in writing with the owner
146	with regard to the property that would otherwise be presumed
147	unclaimed under this subsection at the address to which
148	communications regarding the other property regularly are sent;
149	or
150	(e)  Had another relationship with the banking or financial
151	organization concerning which the owner has:
152	1.  Communicated in writing with the banking or financial
153	organization; or
154	2.  Otherwise indicated an interest as evidenced by a
155	memorandum or other record on file with the banking or financial
156	organization and if the banking or financial organization
157	communicates in writing with the owner with regard to the
158	property that would otherwise be unclaimed under this subsection
159	at the address to which communications regarding the other
160	relationship regularly are sent; or
161	(f)  Received first-class mail from the banking or
162	financial organization or a subsidiary of such banking or
163	financial organization, which was not returned as undeliverable,
164	in the ordinary course of business at the address reflected in
165	the banking or financial organization's records.
166	Section 3.  Subsection (1) of section 717.107, Florida
167	Statutes, is amended to read:
168	717.107  Funds owing under life insurance policies.--
169	(1)  Funds held or owing under any life or endowment
170	insurance policy or annuity contract which has matured or
171	terminated are presumed unclaimed if unclaimed for more than 5
172	years after the funds became due and payable as established from
173	the records of the insurance company holding or owing the funds,
174	but property described in paragraph (3)(b) is presumed unclaimed
175	if such property is not claimed for more than 2 years. The
176	amount presumed unclaimed shall include any amount due and
177	payable under s. 627.4615.
178	Section 4.  Section 717.109, Florida Statutes, is amended
179	to read:
180	717.109  Refunds held by business associations.--Except as
181	to the extent otherwise provided ordered by law the court or
182	administrative agency, any sum that a business association has
183	been ordered to refund by a court or administrative agency which
184	has been unclaimed by the owner for more than 1 year after it
185	became payable in accordance with the final determination or
186	order providing for the refund, regardless of whether the final
187	determination or order requires any person entitled to a refund
188	to make a claim for it, is presumed unclaimed.
189	Section 5.  Section 717.116, Florida Statutes, is amended
190	to read:
191	717.116  Contents of safe-deposit box or other safekeeping
192	repository.--All tangible and intangible property held by a
193	banking or financial organization in a safe-deposit box or any
194	other safekeeping repository in this state in the ordinary
195	course of the holder's business, and proceeds resulting from the
196	sale of the property permitted by law, that has not been claimed
197	by the owner for more than 3 years after the lease or rental
198	period on the box or other repository has expired are presumed
199	unclaimed.
200	Section 6.  Subsections (1), (3), and (4) of section
201	717.117, Florida Statutes, are amended to read:
202	717.117  Report of unclaimed property.--
203	(1)  Every person holding funds or other property, tangible
204	or intangible, presumed unclaimed and subject to custody as
205	unclaimed property under this chapter shall report to the
206	department on such forms as the department may prescribe by
207	rule. In lieu of forms, any the holder of unclaimed property
208	belonging to 25 or more apparent owners must may submit the
209	required information via electronic medium as the department may
210	prescribe by rule. The report must include:
211	(a)  Except for traveler's checks and money orders, the
212	name, social security number or taxpayer identification number,
213	and date of birth, if known, and last known address, if any, of
214	each person appearing from the records of the holder to be the
215	owner of any property which is presumed unclaimed and which has
216	a value of $50 or more.
217	(b)  For unclaimed funds which have a value of $50 or more
218	held or owing under any life or endowment insurance policy or
219	annuity contract, the full name, taxpayer identification number
220	or social security number, date of birth, if known, and last
221	known address of the insured or annuitant and of the beneficiary
222	according to records of the insurance company holding or owing
223	the funds.
224	(c)  For all tangible property held in a safe-deposit box
225	or other safekeeping repository, a description of the property
226	and the place where the property is held and may be inspected by
227	the department, and any amounts owing to the holder. Contents of
228	a safe-deposit box or other safekeeping repository which consist
229	of documents or writings of a private nature and which have
230	little or no apparent value shall not be presumed unclaimed.
231	(d)  The nature and identifying number, if any, or
232	description of the property and the amount appearing from the
233	records to be due. Items of value under $50 each may be reported
234	in the aggregate.
235	(e)  The date the property became payable, demandable, or
236	returnable, and the date of the last transaction with the
237	apparent owner with respect to the property.
238	(f)  Any person or business association or public
239	corporation entity holding funds presumed unclaimed and having a
240	total value of $10 or less may file a zero balance report for
241	that reporting period. The balance brought forward to the new
242	reporting period is zero.
243	(g)  Such other information as the department may prescribe
244	by rule as necessary for the administration of this chapter.
245	(h)  Credit balances, customer overpayments, security
246	deposits, and refunds having a value of less than $10 shall not
247	be presumed unclaimed.
248	(3)  The report must be filed before May 1 of each year.
249	Such report shall apply to the preceding calendar year. If such
250	report is not filed on or before the applicable filing date, the
251	holder shall pay to The department may impose and collect a
252	penalty of $10 per day up to a maximum of for each day the
253	report is delinquent, but such penalty shall not exceed $500 for
254	the failure to timely report or the failure to include in a
255	report information required by this chapter. The penalty shall
256	be remitted to the department within 30 days after the date of
257	the notification to the holder that the penalty is due and
258	owing. As necessary for proper administration of this chapter,
259	the department may waive any penalty due with appropriate
260	justification. On written request by any person required to file
261	a report and upon a showing of good cause, the department may
262	postpone the reporting date. The department must provide
263	information contained in a report filed with the department to
264	any person requesting a copy of the report or information
265	contained in a report, to the extent the information requested
266	is not confidential, within 90 days after the report has been
267	processed and added to the unclaimed property data base
268	subsequent to a determination that the report is accurate and
269	that the reported property is the same as the remitted property.
270	(4)  Holders of inactive accounts having a value of $50 or
271	more shall use due diligence to locate apparent owners.
272	(a)  When an owner's account becomes inactive, the holder
273	shall conduct at least one search for the apparent owner using
274	due diligence. For purposes of this section, except for banks,
275	credit unions, and state or federal savings associations, an
276	account is inactive if 2 years have transpired after the last
277	owner-initiated account activity, if 2 years have transpired
278	after the expiration date on the instrument or contract, or if 2
279	years have transpired since first-class mail has been returned
280	as undeliverable. With respect to banks, credit unions, and
281	state or federal savings associations, an account is inactive if
282	2 years have transpired after the last owner-initiated account
283	activity and first-class mail has been returned as undeliverable
284	or 2 years after the expiration date on the instrument or
285	contract and first-class mail has been returned as
286	undeliverable.
287	(b)1.  Within 180 days after an account becomes inactive,
288	the holder shall conduct a search to locate the apparent owner
289	of the property. The holder may satisfy such requirement by
290	conducting one annual search for the owners of all accounts
291	which have become inactive during the prior year.
292	(c)2.  Within 30 days after receiving updated address
293	information, the holder shall provide notice by telephone or
294	first-class mail to the current address notifying the apparent
295	owner that the holder is in possession of property which is
296	presumed unclaimed and may be remitted to the department. The
297	notice shall also provide the apparent owner with the address or
298	the telephone number of an office where the apparent owner may
299	claim the property or reestablish the inactive account.
300	(d)  The account shall be presumed unclaimed if the holder
301	is not able to contact the apparent owner by telephone, the
302	first-class mail notice is returned to the holder as
303	undeliverable, or the apparent owner does not contact the holder
304	in response to the first-class mail notice.
305	(b)  The claim of the apparent owner is not barred by the
306	statute of limitations.
307	Section 7.  Section 717.118, Florida Statutes, is amended
308	to read:
309	717.118  Notification of apparent owners Notice and
310	publication of lists of unclaimed property.--
311	(1)  It is specifically recognized that the state has an
312	obligation to make an effort to notify owners of unclaimed
313	property in a cost-effective manner. In order to provide all the
314	citizens of this state an effective and efficient program for
315	the recovery of unclaimed property, the department shall use
316	cost-effective means to make at least one active attempt to
317	notify owners of unclaimed property accounts valued at more than
318	$100 with a reported address or taxpayer identification number
319	the existence of unclaimed property held by the department. Such
320	active attempt to notify locate apparent owners shall include
321	any attempt by the department to directly contact the owner.
322	Other means of notification, such as publication of the names of
323	owners in the newspaper, on television, on the Internet, or
324	through other promotional efforts and items in which the
325	department does not directly attempt to contact the owner are
326	expressly declared to be passive attempts. Nothing in this
327	subsection precludes other agencies or entities of state
328	government from notifying owners of the existence of unclaimed
329	property or attempting to notify locate apparent owners of
330	unclaimed property.
331	(2)  The following notification requirements shall apply:
332	(a)  Notifications that are published or televised may
333	consist of the names of apparent owners of unclaimed property,
334	and information regarding recovery of unclaimed property from
335	the department. Such notification may be televised or published
336	in the county in which the last known address of the apparent
337	owner is located or, if the address is unknown, in the county in
338	which the holder has its principal place of business. Published
339	notifications may be in accordance with s. 50.011.
340	(b)  Notification provided directly to individual apparent
341	owners shall consist of a description of the property and
342	information regarding recovery of unclaimed property from the
343	department.
344	(3)  The department may publish in the notice any items of
345	more than $100.
346	(3)(4)  This section is not applicable to sums payable on
347	traveler's checks, money orders, and other written instruments
348	presumed unclaimed under s. 717.104.
349	Section 8.  Subsection (5) of section 717.119, Florida
350	Statutes, is amended to read:
351	717.119  Payment or delivery of unclaimed property.--
352	(5)  All intangible and tangible property held in a safe-
353	deposit box or any other safekeeping repository reported under
354	s. 717.117 shall not be delivered to the department until 120
355	days after the report due date. The delivery of the property,
356	through the United States mail or any other carrier, shall be
357	insured by the holder at an amount equal to the estimated value
358	of the property. Each package shall be clearly marked on the
359	outside "Deliver Unopened." A holder's safe-deposit box contents
360	shall be delivered to the department in a single shipment.
361	(a)  Holders may remit the value of cash and coins found in
362	unclaimed safe-deposit boxes to the department by cashier's
363	check or by electronic funds transfer, unless the cash or coins
364	have a value above face value. The department shall identify by
365	rule those cash and coin items having a numismatic value. Cash
366	and coin items identified as having a numismatic value shall be
367	remitted to the department in their original form.
368	(b)  Any firearm or ammunition found in an unclaimed safe-
369	deposit box or any other safekeeping repository shall be
370	delivered by the holder to a law enforcement agency for
371	disposal. However, the department is authorized to make a
372	reasonable attempt to ascertain the historical value to
373	collectors of any firearm that has been delivered to the
374	department. Any firearm appearing to have historical value to
375	collectors may be sold by the department pursuant to s. 717.122
376	to a person having a federal firearms license. Any firearm which
377	is not sold pursuant to s. 717.122 shall be delivered by the
378	department to a law enforcement agency in this state for
379	disposal. The department shall not be administratively, civilly,
380	or criminally liable for any firearm delivered by the department
381	to a law enforcement agency in this state for disposal.
382	(c)  If such property is not paid or delivered to the
383	department on or before the applicable payment or delivery date,
384	the holder shall pay to the department a penalty of $10 for each
385	safe-deposit box shipment received late, but such penalty shall
386	not exceed $1,000. The penalty shall be $100 for a safe-deposit
387	box shipment container that is late 30 days or less. Thereafter,
388	the penalty shall be $500 for a safe-deposit box shipment
389	container that is late for each additional successive 30-day
390	period. The penalty assessed against a holder for a late safe-
391	deposit box shipment container shall not exceed $4,000 annually.
392	The penalty shall be remitted to the department within 30 days
393	after the date of the notification to the holder that the
394	penalty is due and owing.
395	(d)  The department may waive any penalty due with
396	appropriate justification, as provided by rule.
397	(e)  Upon written request by any person required to deliver
398	safe-deposit box contents, the department may postpone the
399	delivery.
400	Section 9.  Subsection (2) of section 717.1201, Florida
401	Statutes, is amended to read:
402	717.1201  Custody by state; holder relieved from liability;
403	reimbursement of holder paying claim; reclaiming for owner;
404	defense of holder; payment of safe-deposit box or repository
405	charges.--
406	(2)  Any holder who has paid money to the department
407	pursuant to this chapter may make payment to any person
408	appearing to the holder to be entitled to payment and, upon
409	filing proof of payment and proof that the payee is was entitled
410	thereto, the department shall forthwith repay reimburse the
411	holder for the payment without deduction of any fee or other
412	charges. If repayment reimbursement is sought for a payment made
413	on a negotiable instrument, including a traveler's check or
414	money order, the holder must be repaid reimbursed under this
415	subsection upon filing proof that the instrument was duly
416	presented and that the payee is payment was made to a person who
417	appeared to the holder to be entitled to payment. The holder
418	shall be repaid reimbursed for payment made under this
419	subsection even if the payment was made to a person whose claim
420	was barred under s. 717.129(1).
421	Section 10.  Subsections (1) and (3) of section 717.122,
422	Florida Statutes, are amended, and subsection (5) is added to
423	said section, to read:
424	717.122  Public sale of unclaimed property.--
425	(1)  Except as provided in subsection (2), the department
426	after the receipt of unclaimed property shall sell it to the
427	highest bidder at public sale on the Internet or at a specified
428	physical location wherever in the judgment of the department the
429	most favorable market for the property involved exists. The
430	department may decline the highest bid and reoffer the property
431	for sale if in the judgment of the department the bid is
432	insufficient. The department shall have the discretion to
433	withhold from sale any unclaimed property that the department
434	deems to be of benefit to the people of the state. If in the
435	judgment of the department the probable cost of sale exceeds the
436	value of the property, it need not be offered for sale and may
437	be disposed of as the department determines appropriate. Any
438	sale at a specified physical location held under this section
439	must be preceded by a single publication of notice, at least 3
440	weeks in advance of sale, in a newspaper of general circulation
441	in the county in which the property is to be sold. The
442	department shall proportionately deduct auction fees,
443	preparation costs, and expenses from the amount posted to the
444	owner's account when safe-deposit box contents are sold. No
445	action or proceeding may be maintained against the department
446	for or on account of any decision to decline the highest bid or
447	withhold any unclaimed property from sale.
448	(3)  Unless the department deems it to be in the public
449	interest to do otherwise, all securities presumed unclaimed and
450	delivered to the department may be sold upon receipt. Any person
451	making a claim pursuant to this chapter is entitled to receive
452	either the securities delivered to the department by the holder,
453	if they still remain in the hands of the department, or the
454	proceeds received from sale, less any amounts deducted pursuant
455	to subsection (2), but no person has any claim under this
456	chapter against the state, the holder, any transfer agent, any
457	registrar, or any other person acting for or on behalf of a
458	holder for any appreciation in the value of the property
459	occurring after delivery by the holder to the state.
460	(5)  The sale of unclaimed tangible personal property is
461	not subject to tax under chapter 212 when such property is sold
462	by or on behalf of the department pursuant to this section.
463	Section 11.  Subsection (1) of section 717.123, Florida
464	Statutes, is amended to read:
465	717.123  Deposit of funds.--
466	(1)  All funds received under this chapter, including the
467	proceeds from the sale of unclaimed property under s. 717.122,
468	shall forthwith be deposited by the department in the Unclaimed
469	Property Trust Fund. The department shall retain, from funds
470	received under this chapter, an amount not exceeding $15 $8
471	million from which the department shall make prompt payment of
472	claims allowed by the department and shall pay the costs
473	incurred by the department in administering and enforcing this
474	chapter. All remaining funds received by the department under
475	this chapter shall be deposited by the department into the State
476	School Fund.
477	Section 12.  Section 717.124, Florida Statutes, is amended
478	to read:
479	717.124  Unclaimed property claims Filing of claim with
480	department.--
481	(1)  Any person, excluding another state, claiming an
482	interest in any property paid or delivered to the department
483	under this chapter may file with the department a claim on a
484	form prescribed by the department and verified by the claimant
485	or the claimant's representative. The claimant's representative
486	must be an attorney licensed to practice law in this state, a
487	licensed Florida-certified public accountant, or a private
488	investigator licensed under chapter 493. The claimant?s
489	representative must be registered with the department under this
490	chapter. The claimant, or the claimant's representative, shall
491	provide the department with a legible copy of a valid driver's
492	license of the claimant at the time the original claim form is
493	filed. If the claimant has not been issued a valid driver's
494	license at the time the original claim form is filed, the
495	department shall be provided with a legible copy of a
496	photographic identification of the claimant issued by the United
497	States or a foreign nation, a state or territory of the United
498	States or foreign nation, or a political subdivision or agency
499	thereof. Any claim filed without the required identification
500	with the original claim form and the original power of attorney,
501	if applicable, is void.
502	(a)  Within 90 days after receipt of a claim, the
503	department may return any claim that provides for the receipt of
504	fees and costs greater than that permitted under this chapter or
505	that contains any apparent errors or omissions. The department
506	may also request that the claimant or the claimant's
507	representative provide additional information. The department
508	shall retain a copy or electronic image of the claim.
509	(b)  A claimant or the claimant's representative shall be
510	deemed to have withdrawn a claim if no response to the
511	department's request for additional information is received by
512	the department within 60 days after the notification of any
513	apparent errors or omissions.
514	(c)  Within 90 days after receipt of the claim, or the
515	response of the claimant or the claimant's representative to the
516	department's request for additional information, which ever is
517	later, the department shall determine each claim within 90 days
518	after it is filed. Such determination shall contain a notice of
519	rights provided by ss. 120.569 and 120.57. The 90-day period
520	shall be extended by 60 days if the department has good cause to
521	need additional time or if the unclaimed property:
522	1.  Is owned by a person who has been a debtor in
523	bankruptcy;
524	2.  Was reported with an address outside of the United
525	States;
526	3.  Is being claimed by a person outside of the United
527	States; or
528	4.  Contains documents filed in support of the claim that
529	are not in the English language and have not been accompanied by
530	an English language translation.
531	(d)  The department shall deny any claim under which the
532	claimant's representative has refused to authorize the
533	department to reduce the fees and costs to the maximum permitted
534	under this chapter.
535	(2)  A claim for a cashier's check or a stock certificate
536	without the original instrument may require an indemnity bond
537	equal to the value of the claim to be provided prior to issue of
538	the stock or payment of the claim by the department.
539	(3)  The department may require an affidavit swearing to
540	the authenticity of the claim, lack of documentation, and an
541	agreement to allow the department to provide the name and
542	address of the claimant to subsequent claimants coming forward
543	with substantiated proof to claim the account. This shall apply
544	to claims equal to or less than $250. The exclusive remedy of a
545	subsequent claimant to the property shall be against the person
546	who received the property from the department.
547	(4)(a)  Except as otherwise provided in this chapter, if a
548	claim is determined in favor of the claimant, the department
549	shall deliver or pay over to the claimant the property or the
550	amount the department actually received or the proceeds if it
551	has been sold by the department, together with any additional
552	amount required by s. 717.121.
553	(b)(5)(a)  If an owner authorizes an attorney licensed to
554	practice law in this state, Florida-certified public accountant,
555	or private investigator licensed under chapter 493, and
556	registered with the department under this chapter, investigative
557	agency which is duly licensed to do business in this state to
558	claim the unclaimed property on the owner's behalf, the
559	department is authorized to make distribution of the property or
560	money in accordance with such power of attorney. The original
561	power of attorney must be executed by the owner and must be
562	filed with the department.
563	(c)(b)1.  Payments of approved claims for unclaimed cash
564	accounts shall be made to the owner after deducting any fees and
565	costs authorized pursuant to a written power of attorney. The
566	contents of a safe-deposit box shall be delivered directly to
567	the claimant notwithstanding any agreement to the contrary.
568	2.  Payments of fees and costs authorized pursuant to a
569	written power of attorney for approved cash claims shall be made
570	or issued forwarded to the law firm employer of the designated
571	attorney licensed to practice law in this state, the public
572	accountancy firm employer of the licensed Florida-certified
573	public accountant, or the designated employing private
574	investigative agency licensed by this state. Such payments shall
575	may be made by electronic funds transfer and may be made on such
576	periodic schedule as the department may define by rule, provided
577	the payment intervals do not exceed 31 days.
578	3.  Payments of approved claims for unclaimed securities
579	and other intangible ownership interests made to an attorney,
580	Florida-certified public accountant, or private investigative
581	agency shall be promptly deposited into a trust or escrow
582	account which is regularly maintained by the attorney, Florida-
583	certified public accountant, or the private investigative agency
584	in a financial institution authorized to accept such deposits
585	and located in this state.
586	(c)  Distribution of unclaimed property by the attorney,
587	Florida-certified public accountant, or private investigative
588	agency to the claimant shall be made within 10 days following
589	final credit of the deposit into the trust or escrow account at
590	the financial institution, unless a party to the agreement
591	protests in writing such distribution before it is made.
592	(5)(6)  The department shall not be administratively,
593	civilly, or criminally liable for any property or funds
594	distributed pursuant to this section, provided such distribution
595	is made in good faith.
596	(6)  This section does not supersede the licensing
597	requirements of chapter 493.
598	Section 13.  Section 717.12403, Florida Statutes, is
599	created to read:
600	717.12403  Unclaimed demand, savings, or checking account
601	in a financial institution held in the name of more than one
602	person.--
603	(1)(a)  If an unclaimed demand, savings, or checking
604	account in a financial institution is reported as an "and"
605	account in the name of two or more persons who are not
606	beneficiaries, it is presumed that each person must claim the
607	account in order for the claim to be approved by the department.
608	This presumption may be rebutted by showing that entitlement to
609	the account has been transferred to another person or by clear
610	and convincing evidence demonstrating that the account should
611	have been reported by the financial institution as an "or"
612	account.
613	(b)  If an unclaimed demand, savings, or checking account
614	in a financial institution is reported as an "and" account and
615	one of the persons on the account is deceased, it is presumed
616	that the account is a survivorship account. This presumption may
617	be rebutted by showing that entitlement to the account has been
618	transferred to another person or by clear and convincing
619	evidence demonstrating that the account is not a survivorship
620	account.
621	(2)  If an unclaimed demand, savings, or checking account
622	in a financial institution is reported as an "or" account in the
623	name of two or more persons who are not beneficiaries, it is
624	presumed that either person listed on the account may claim the
625	entire amount held in the account. This presumption may be
626	rebutted by showing that entitlement to the account has been
627	transferred to another person or by clear and convincing
628	evidence demonstrating that the account should have been
629	reported by the financial institution as an "and" account.
630	(3)  If an unclaimed demand, savings, or checking account
631	in a financial institution is reported in the name of two or
632	more persons who are not beneficiaries without identifying
633	whether the account is an "and" account or an "or" account, it
634	is presumed that the account is an "or" account. This
635	presumption may be rebutted by showing that entitlement to the
636	account has been transferred to another person or by clear and
637	convincing evidence demonstrating that the account should have
638	been reported by the financial institution as an "and" account.
639	(4)  The department shall be deemed to have made a
640	distribution in good faith if the department remits funds
641	consistent with this section.
642	Section 14.  Section 717.12404, Florida Statutes, is
643	created to read:
644	717.12404  Claims for property reported in the name of a
645	dissolved corporation.--
646	(1)  Claims for property reported in the name of a
647	dissolved corporation, the last annual report of which is not
648	available from the Department of State through the Internet,
649	shall be accompanied by a microfiche copy of the records on file
650	with the Department of State or, if the dissolved corporation
651	has not made a corporate filing with the Department of State, a
652	duly authenticated copy of the last corporate filing identifying
653	the officers and directors from the appropriate authorized
654	official of the state of incorporation shall be filed with the
655	claim.
656	(2)  Claims for property reported in the name of a
657	dissolved corporation must be made by a majority of the then
658	living officers and directors identified on the last corporate
659	filing with the Department of State or, if the dissolved
660	corporation has not made a corporate filing with the Department
661	of State, with the appropriate authorized official of the state
662	of incorporation. Prima facie evidence that an officer or
663	director of the dissolved corporation is deceased must include a
664	copy of the death certificate of the decedent that has been
665	certified as being authentic by the issuing governmental agency.
666	Section 15.  Section 717.12405, Florida Statutes, is
667	created to read:
668	717.12405  Claims by estates.--An estate or any person
669	representing an estate or acting on behalf of an estate may
670	claim unclaimed property only after the heir or legatee of the
671	decedent entitled to the property has been located. Any estate,
672	or any person representing an estate or acting on behalf of an
673	estate, that receives unclaimed property before the heir or
674	legatee of the decedent entitled to the property has been
675	located, is personally liable for the unclaimed property and
676	must immediately return the full amount of the unclaimed
677	property or the value thereof to the department in accordance
678	with s. 717.1341. This section applies to unclaimed property
679	claimed prior to, on, or subsequent to the effective date of
680	this section.
681	Section 16.  Subsection (1) of section 717.1241, Florida
682	Statutes, is amended, and subsection (3) is added to said
683	section, to read:
684	717.1241  Conflicting claims.--
685	(1)  When ownership has been established but conflicting
686	claims have been received by the department, the property shall
687	be remitted as follows, notwithstanding the withdrawal of a
688	claim to the:
689	(a)  As between an owner and an owner's representative:
690	1.  To the person submitting the first claim that is
691	complete or made complete received by the department; or
692	2.  If an owner's claim and an owner's representative's
693	claim are received by the department on the same day and both
694	claims are complete, to the owner;
695	(b)  As between two or more owner's representatives, to the
696	owner's representative who has submitted the first claim that is
697	complete or made complete Owner if an owner's claim and an
698	owner's representative's claim are received by the department on
699	the same day; or
700	(c)  As between two or more owner's representatives whose
701	claims were complete on the same day, to the owner?s
702	representative who has agreed to receive the lowest fee. If two
703	or more owner?s representatives whose claims were complete on
704	the same day are charging the same lowest fee, the fees shall be
705	divided equally between the owner's representatives Owner's
706	representative who has the earliest dated contract with the
707	owner if claims by two or more owner's representatives are
708	received by the department on the same day.
709	(3)  A claim is complete when entitlement to the unclaimed
710	property has been established.
711	Section 17.  Subsection (1) of section 717.1242, Florida
712	Statutes, is amended to read:
713	717.1242  Restatement of jurisdiction of the circuit court
714	sitting in probate and the department.--
715	(1)  It is and has been the intent of the Legislature that,
716	pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of
717	proceedings relating to the settlement of the estates of
718	decedents and other jurisdiction usually pertaining to courts of
719	probate. It is and has been the intent of the Legislature that,
720	pursuant to s. 717.124, the department determines the merits of
721	claims for property paid or delivered to the department under
722	this chapter. Consistent with this legislative intent, any
723	estate or beneficiary, as defined in s. 731.201, heir of an
724	estate seeking to obtain property paid or delivered to the
725	department under this chapter must file a claim with the
726	department as provided in s. 717.124.
727	Section 18.  Section 717.1244, Florida Statutes, is created
728	to read:
729	717.1244  Determinations of unclaimed property claims.--In
730	rendering a determination regarding the merits of an unclaimed
731	property claim, the department shall rely on the applicable
732	statutory, regulatory, common, and case law. Agency statements
733	applying the statutory, regulatory, common, and case law to
734	unclaimed property claims are not agency statements subject to
735	s. 120.56(4).
736	Section 19.  Section 717.126, Florida Statutes, is amended
737	to read:
738	717.126  Administrative hearing; burden of proof; proof of
739	entitlement; venue.--
740	(1)  Any person aggrieved by a decision of the department
741	may petition for a hearing as provided in ss. 120.569 and
742	120.57. In any proceeding for determination of a claim to
743	property paid or delivered to the department under this chapter,
744	the burden shall be upon the claimant to establish entitlement
745	to the property by a preponderance of evidence. Having the same
746	name as that reported to the department is not sufficient to
747	prove entitlement to unclaimed property.
748	(2)  Unless otherwise agreed by the parties, venue shall be
749	in Tallahassee, Leon County, Florida. However, upon the request
750	of a party, the presiding officer may, in the presiding
751	officer's discretion, conduct the hearing at an alternative
752	remote video location.
753	Section 20.  Section 717.1261, Florida Statutes, is created
754	to read:
755	717.1261  Death certificates.--Any person who claims
756	entitlement to unclaimed property by means of the death of one
757	or more persons shall file a copy of the death certificate of
758	the decedent or decedents that has been certified as being
759	authentic by the issuing governmental agency.
760	Section 21.  Section 717.1262, Florida Statutes, is created
761	to read:
762	717.1262  Court documents.--Any person who claims
763	entitlement to unclaimed property by reason of a court document
764	shall file a certified copy of the court document with the
765	department.
766	Section 22.  Subsections (1) and (6) of section 717.1301,
767	Florida Statutes, are amended to read:
768	717.1301  Investigations; examinations; subpoenas.--
769	(1)  The department may make investigations and
770	examinations within or outside this state of claims, reports,
771	and other records within or outside this state as it deems
772	necessary to administer and enforce the provisions of this
773	chapter. In such investigations and examinations the department
774	may administer oaths, examine witnesses, issue subpoenas, and
775	otherwise gather evidence. The department may request any person
776	who has not filed a report under s. 717.117 to file a verified
777	report stating whether or not the person is holding any
778	unclaimed property reportable or deliverable under this chapter.
779	(6)  If an investigation or an examination of the records
780	of any person results in the disclosure of property reportable
781	and deliverable under this chapter, the department may assess
782	the cost of investigation or the examination against the holder
783	at the rate of $100 per 8-hour day for each per investigator or
784	examiner. Such fee shall be calculated on an hourly basis and
785	shall be rounded to the nearest hour. The person shall also pay
786	the travel expense and per diem subsistence allowance provided
787	for state employees in s. 112.061. The person shall not be
788	required to pay a per diem fee and expenses of an examination or
789	investigation which shall consume more than 30 worker-days in
790	any one year unless such examination or investigation is due to
791	fraudulent practices of the person, in which case such person
792	shall be required to pay the entire cost regardless of time
793	consumed. The fee shall be remitted to the department within 30
794	days after the date of the notification that the fee is due and
795	owing. Any person who fails to pay the fee within 30 days after
796	the date of the notification that the fee is due and owing shall
797	pay to the department interest at the rate of 12 percent per
798	annum on such fee from the date of the notification.
799	Section 23.  Subsection (3) of section 717.1311, Florida
800	Statutes, is amended to read:
801	717.1311  Retention of records.--
802	(3)  If a holder fails to maintain the records required by
803	this section and the records of the holder which are available
804	for the periods subject to this chapter are insufficient to
805	permit the preparation of a report, the holder shall be required
806	to report and pay such amounts as may reasonably be estimated
807	from any available records.
808	Section 24.  Subsection (2) of section 717.1315, Florida
809	Statutes, is amended to read:
810	717.1315  Retention of records by owner's representative.--
811	(2)  An owner's representative, operating at two or more
812	places of business in this state, may maintain the books,
813	accounts, and records of all such offices at any one of such
814	offices, or at any other office maintained by such owner's
815	representative, upon the filing of a written notice with the
816	department designating in the written notice the office at which
817	such records are maintained.
818	(3)  An However, the owner's representative shall make all
819	books, accounts, and records available at a convenient location
820	in this state upon request of the department.
821	Section 25.  Subsection (2) of section 717.132, Florida
822	Statutes, is amended to read:
823	717.132  Enforcement; cease and desist orders;
824	administrative fines.--
825	(2)  In addition to any other powers conferred upon it to
826	enforce and administer the provisions of this chapter, the
827	department may issue and serve upon a person an order to cease
828	and desist and to take corrective action whenever the department
829	finds that such person is violating, has violated, or is about
830	to violate any provision of this chapter, any rule or order
831	promulgated under this chapter, or any written agreement entered
832	into with the department. For purposes of this subsection, the
833	term "corrective action" includes refunding excessive charges,
834	requiring a person to return unclaimed property, requiring a
835	holder to remit unclaimed property, and requiring a holder to
836	correct a report that contains errors or omissions. Any such
837	order shall contain a notice of rights provided by ss. 120.569
838	and 120.57.
839	Section 26.  Section 717.1322, Florida Statutes, is created
840	to read:
841	717.1322  Grounds for disciplinary action.--
842	(1)  The following acts are violations of this chapter and
843	constitute grounds for the disciplinary actions specified in
844	subsection (2):
845	(a)  Failure to comply with any provision of this chapter,
846	any rule or order adopted pursuant to this chapter, or any
847	written agreement entered into with the department.
848	(b)  Fraud, misrepresentation, deceit, or gross negligence
849	in any matter within the jurisdiction of the department.
850	(c)  Fraudulent misrepresentation, circumvention, or
851	concealment of any matter required to be stated or furnished to
852	an owner or apparent owner pursuant to this chapter, regardless
853	of reliance by or damage to the owner or apparent owner.
854	(d)  Imposition of illegal or excessive charges in any
855	unclaimed property transaction.
856	(e)  False, deceptive, or misleading solicitation or
857	advertising.
858	(f)  Failure to maintain, preserve, and keep available for
859	examination, all books, accounts, or other documents required by
860	this chapter, by any rule or order adopted pursuant to this
861	chapter, or by any agreement entered into with the department.
862	(g)  Refusal to permit inspection of books and records in
863	an investigation or examination by the department or refusal to
864	comply with a subpoena issued by the department.
865	(h)  Criminal conduct in the course of a person's business.
866	(i)  Failure to timely pay any fee, charge, or fine imposed
867	or assessed pursuant to this chapter or any rule adopted under
868	this chapter.
869	(j)  For compensation or gain or in the expectation of
870	compensation or gain, filing a claim for unclaimed property
871	owned by another unless such person is a registered attorney
872	licensed to practice law in this state, registered Florida-
873	certified public accountant, or a registered private
874	investigator licensed under chapter 493. This subsection shall
875	not apply to a person who has been granted a durable power of
876	attorney to convey and receive all of the real and personal
877	property of the owner, is the court-appointed guardian of the
878	owner, has been employed as an attorney or qualified
879	representative to contest the department's denial of a claim, or
880	has been employed as an attorney to probate the estate of the
881	owner or an heir or legatee of the owner.
882	(k)  Commission of fraud, misrepresentation, concealment,
883	dishonest dealing by trick, scheme, or device, culpable
884	negligence, or breach of trust in any business transaction in
885	any state, nation, or territory; or aiding, assisting, or
886	conspiring with any other person engaged in any such misconduct
887	and in furtherance thereof.
888	(l)  Failing to maintain the required net worth or surety
889	bond.
890	(m)  Failing to authorize the release of records in the
891	possession of a third party after being requested to do so by
892	the department regarding a pending examination or investigation.
893	(n)  Receiving or soliciting consideration to be paid in
894	advance of the approval of a claim under this chapter.
895	(2)  Upon a finding by the department that any person has
896	committed any of the acts set forth in subsection (1), the
897	department may enter an order:
898	(a)  Denying a registration pursuant to this chapter based
899	on an act that occurred before, on or after the effective date
900	of this section;
901	(b)  Revoking or suspending a registration previously
902	granted pursuant to this chapter;
903	(c)  Placing a registrant or an applicant for a
904	registration on probation for a period of time and subject to
905	such conditions as the department may specify;
906	(d)  Placing permanent restrictions or conditions upon
907	issuance or maintenance of a registration pursuant to this
908	chapter;
909	(e)  Issuing a reprimand;
910	(f)  Imposing an administrative fine not to exceed $2,000
911	for each such act; or
912	(g)  Prohibiting any person from being an agent, employee,
913	or ultimate equitable owner of a registrant.
914	(3)  In addition to the acts specified in subsection (1),
915	the following shall be grounds for revocation, suspension, or
916	restriction of a registration previously granted:
917	(a)  A material misstatement of fact in an application for
918	a registration;
919	(b)  Having a license, registration, or the equivalent, to
920	practice any profession or occupation denied, suspended,
921	revoked, or otherwise acted against by a licensing authority in
922	any jurisdiction for fraud, dishonest dealing, or any act of
923	moral turpitude;
924	(c)  Pleading nolo contendere to, or having been convicted
925	or found guilty of, a crime involving fraud, dishonest dealing,
926	or any act of moral turpitude, regardless of whether
927	adjudication is withheld; or
928	(d)  Being insolvent or having a demonstrated lack of
929	honesty or financial responsibility.
930	(4)  A person is subject to the disciplinary actions
931	specified in subsection (2) for violations of subsection (1) by
932	an agent or employee of such person.
933	(5)  A person who has designated an agent or employee to
934	act on his or her behalf is subject to the disciplinary actions
935	specified in subsection (2) for violations of subsection (1) by
936	a designated agent or designated employee.
937	Section 27.  Subsection (5) of section 717.133, Florida
938	Statutes, is amended to read:
939	717.133  Interstate agreements and cooperation; joint and
940	reciprocal actions with other states.--
941	(5)  As necessary for proper administration of this
942	chapter, the department may enter into contracts for the
943	location or collection of property subject to payment or
944	delivery to the department under this chapter.
945	Section 28.  Section 717.1331, Florida Statutes, is created
946	to read:
947	717.1331  Actions against holders.--The department may
948	initiate, or cause to be initiated, an action against a holder
949	to recover unclaimed property. If the department prevails in a
950	civil or administrative action to recover unclaimed property
951	initiated by or on behalf of the department, the holder shall be
952	ordered to pay the department reasonable costs and attorney's
953	fees.
954	Section 29.  Section 717.1332, Florida Statutes, is created
955	to read:
956	717.1332  Services for auditing or examining holders of
957	unclaimed property.--The department may enter into contracts to
958	audit or examine holders of unclaimed property. Contingency fee
959	contracts under this section are not subject to the competitive
960	solicitation requirements of s. 287.057 provided the department
961	enters into contingency fee contracts for the same fee with two
962	or more providers.
963	Section 30.  Section 717.1333, Florida Statutes, is created
964	to read:
965	717.1333  Evidence; audit reports; examiner's worksheets,
966	investigative reports, other related documents, and
967	estimations.--
968	(1)  In any proceeding under s. 120.569 or s. 120.57 in
969	which an auditor, examiner, or investigator acting under
970	authority of this chapter is available for cross-examination,
971	any official written report, worksheet, or other related paper,
972	or copy thereof, compiled, prepared, drafted, or otherwise made
973	or received by the auditor, examiner, or investigator, after
974	being duly authenticated by the auditor, examiner, or
975	investigator, may be admitted as competent evidence upon the
976	oath of the auditor, examiner, or investigator that the report,
977	worksheet, or related paper was prepared or received as a result
978	of an audit, examination, or investigation of the books and
979	records of the person audited, examined, or investigated, or the
980	agent thereof.
981	(2)  If the records of the holder that are available for
982	the periods subject to this chapter are insufficient to permit
983	the preparation of a report of the unclaimed property due and
984	owing by a holder, the amount due may be reasonably estimated.
985	Section 31.  Subsections (5) is added to section 717.134,
986	Florida Statutes, to read:
987	717.134  Penalties and interest.--
988	(5)  The department may impose and collect a penalty of
989	$500 per day up to a maximum of $5,000 and 25 percent of the
990	value of property willfully not reported with all of the
991	information required by this chapter. Upon a holder's showing of
992	good cause, the department may waive the penalty or any portion
993	thereof. If the holder acted in good faith and without
994	negligence, the department shall waive the penalty provided
995	herein.
996	Section 32.  Section 717.1341, Florida Statutes, is created
997	to read:
998	717.1341  Invalid claims, recovery of property, interest
999	and penalties.--
1000	(1)(a)  No person shall receive unclaimed property that the
1001	person is not entitled to receive. Any person who receives, or
1002	assists another person to receive, unclaimed property that the
1003	person is not entitled to receive is strictly, jointly,
1004	personally, and severally liable for the unclaimed property and
1005	shall immediately return the property, or the reasonable value
1006	of the property if the property has been damaged or disposed of,
1007	to the department plus interest at a rate of 12 percent per
1008	annum of the value of the property. Assisting another person to
1009	receive unclaimed property includes executing a claim form on
1010	the person's behalf.
1011	(b)1.  In the case of stocks or bonds which have been sold,
1012	the proceeds from the sale shall be returned to the department
1013	plus any dividends or interest received thereon plus an amount
1014	equal to the brokerage fee plus interest at a rate of 12 percent
1015	per annum on the proceeds from the sale of the stocks or bonds,
1016	the dividends or interest received, and the brokerage fee.
1017	2.  In the case of stocks or bonds which have not been
1018	sold, the stocks or bonds and any dividends or interest received
1019	thereon shall be returned to the department, together with
1020	interest on the dividends or interest received, at a rate of 12
1021	percent per annum of the value of the property.
1022	(2)  The department may maintain a civil or administrative
1023	action:
1024	(a)  To recover unclaimed property that was paid or
1025	remitted to a person who was not entitled to the unclaimed
1026	property;
1027	(b)  Against a person who assists another person in
1028	receiving, or attempting to receive, unclaimed property that the
1029	person is not entitled to receive; or
1030	(c)  Against a person who attempts to receive unclaimed
1031	property that the person is not entitled to receive.
1032	(3)  If the department prevails in any proceeding under
1033	subsection (2), a fine not to exceed three times the value of
1034	the property received or sought to be received may be imposed on
1035	any person who knowingly, or with reckless disregard or
1036	deliberate ignorance of the truth, violated this section. If the
1037	department prevails in a civil or administrative proceeding
1038	under subsection (2), the person who violated subsection (1)
1039	shall be ordered to pay the department reasonable costs and
1040	attorney's fees.
1041	(4)  No person shall knowingly file, knowingly conspire to
1042	file, or knowingly assist in filing, a claim for unclaimed
1043	property the person is not entitled to receive. Any person who
1044	violates this subsection regarding unclaimed property of an
1045	aggregate value:
1046	(a)  Greater than $50,000, is guilty of a felony of the
1047	first degree, punishable as provided in s. 775.082, s. 775.083,
1048	or s. 775.084;
1049	(b)  Greater than $10,000 up to $50,000, is guilty of a
1050	felony of the second degree, punishable as provided in s.
1051	775.082, s. 775.083, or s. 775.084;
1052	(c)  Greater than $250 up to $10,000, is guilty of a felony
1053	of the third degree, punishable as provided in s. 775.082, s.
1054	775.083, or s. 775.084;
1055	(d)  Greater than $50 up to $250, is guilty of a
1056	misdemeanor of the first degree, punishable as provided in s.
1057	775.082 or s. 775.083; or
1058	(e)  Up to $50, is guilty of a misdemeanor of the second
1059	degree, punishable as provided in s. 775.082 or s. 775.083.
1060	Section 33.  Section 717.135, Florida Statutes, is amended
1061	to read:
1062	717.135  Agreement to recover locate reported property in
1063	the custody of the department.--
1064	(1)  All agreements between a claimant's an owner's
1065	representative and a claimant an owner for compensation to
1066	recover or assist in the recovery of property reported to the
1067	department under s. 717.117 shall be in 11-point type or greater
1068	and either:
1069	(a)  Limit the fees and costs for services for each owner
1070	contract to $25 for all contracts relating to unclaimed property
1071	with a dollar value below $250. For all contracts relating to
1072	unclaimed property with a dollar value of $250 and above, fees
1073	shall be limited to 20 15 percent per unclaimed on property
1074	account held by the department for 24 months or less and 25
1075	percent on property held by the department for more than 24
1076	months. Fees and costs for cash accounts shall be based on the
1077	value of the property at the time the agreement for recovery is
1078	signed by the claimant apparent owner. Fees and costs for
1079	accounts containing securities or other intangible ownership
1080	interests, which securities or interests are not converted to
1081	cash, shall be based on the purchase price of the security as
1082	quoted on a national exchange or other market on which the
1083	property ownership interest is regularly traded at the time the
1084	securities or other ownership interest is remitted to the
1085	claimant owner or the claimant's owner's representative. Fees
1086	and costs for tangible property or safe-deposit box accounts
1087	shall be based on the value of the tangible property or contents
1088	of the safe-deposit box at the time the ownership interest is
1089	transferred or remitted to the claimant owner or the owner's
1090	representative; or
1091	(b)  Disclose, on such form as the department shall
1092	prescribe by rule, that the property is held by the Bureau of
1093	Unclaimed Property of the Department of Financial Services
1094	pursuant to this chapter, the person or name of the entity that
1095	held the property prior to the property becoming unclaimed, the
1096	date of the holder's last contact with the owner, if known, and
1097	the approximate value of the property, and identify which of the
1098	following categories of unclaimed property the owner's
1099	representative is seeking to recover, as reported by the holder:
1100	1.  Cash accounts.
1101	2.  Stale dated checks.
1102	3.  Life insurance or annuity contract assets.
1103	4.  Utility deposits.
1104	5.  Securities or other interests in business associations.
1105	6.  Wages.
1106	7.  Accounts receivable.
1107	8.  Contents of safe-deposit boxes.
1108
1109	Such disclosure shall be on a page signed and dated by the
1110	person asserting entitlement to the unclaimed property However,
1111	this section shall not apply to contracts made in connection
1112	with guardianship proceedings or the probate of an estate.
1113	(2)(a)  Agreements for recovery of cash accounts shall
1114	state the value of the unclaimed property, the unclaimed
1115	property account number, and the percentage dollar value of the
1116	unclaimed property account to be paid to the claimant owner and
1117	shall also state the percentage dollar value of compensation to
1118	be paid to the claimant's owner's representative.
1119	(b)  Agreements for recovery of accounts containing
1120	securities, safe-deposit box accounts, other intangible or
1121	tangible ownership interests, or other types of accounts, except
1122	cash accounts, shall state the unclaimed property account
1123	number, the number of share of stock, if applicable, the
1124	approximate value of the unclaimed property, and the percentage
1125	value of compensation to be paid to the claimant's owner's
1126	representative.
1127	(c)  All disclosures and agreements shall include the name,
1128	address, and professional license number of the claimant's
1129	owner's representative, and, if available, the taxpayer
1130	identification number or social security number, address, and
1131	telephone number of the claimant owner. The original of all such
1132	disclosures and agreements to pay compensation shall be signed
1133	and dated by the claimant owner of the property and shall be
1134	filed by the owner's representative with the claim form.
1135	(d)  All agreements between a claimant's representative and
1136	a claimant, who is a natural person, trust, or a dissolved
1137	corporation, for compensation to recover or assist in the
1138	recovery of property reported to the department under s. 717.117
1139	must use the following form on 8 and 1/2 inch by 11 inch paper
1140	with all of the text on one side of the paper and with the other
1141	side of the paper left blank. The agreement must be accurately
1142	completed and executed. No other writing or information shall be
1143	printed on the agreement. The title of the agreement shall be in
1144	bold 14-point type and underlined. The rest of the agreement
1145	shall be in 10-point type or greater. All unclaimed property
1146	accounts claimed must be identified on the agreement. The
1147	agreement must state:
1148	RECOVERY AGREEMENT
1149	$___________ = APPROXIMATE DOLLAR VALUE OF UNCLAIMED PROPERTY
1150	NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF
1151	APPLICABLE):_______
1152	PROPERTY ACCOUNT
1153	NUMBERS:________________________________________
1154	________________________________________________________________
1155	_
1156	_____________PERCENT TO BE PAID AS COMPENSATION TO THE
1157	CLAIMANT'S REPRESENTATIVE
1158	$___________= NET AMOUNT TO BE PAID TO CLAIMANT
1159	$___________= AMOUNT TO BE PAID TO CLAIMANT'S REPRESENTATIVE
1160	THIS AGREEMENT is
1161	between:_______________________________________
1162	(hereinafter, CLAIMANT)
1163	and______________________________________
1164	(hereinafter, CLAIMANT'S REPRESENTATIVE) who agree to the
1165	following:
1166	(1)  As consideration for the research efforts in locating
1167	and identifying assets due to the CLAIMANT and for assistance in
1168	procuring payment of the assets to the CLAIMANT, the CLAIMANT
1169	authorizes the government to pay to the CLAIMANT'S
1170	REPRESENTATIVE a fee of__________percent of all assets
1171	recovered. NO FEES ARE TO BE PAID IN ADVANCE.
1172	(2)  I have read this agreement and in consideration
1173	thereof, do hereby grant the CLAIMANT'S REPRESENTATIVE a limited
1174	power of attorney to demand, collect, recover and receive the
1175	above compensation from the government in accordance with this
1176	agreement.
1177	(3)  IT IS HEREBY ACKNOWLEDGED BY ALL PARTIES TO THIS
1178	AGREEMENT THAT UNLESS THESE ASSETS ARE RECOVERED, NO FEES, NO
1179	COSTS OR CHARGES ARE DUE TO THE CLAIMANT'S REPRESENTATIVE, ITS
1180	AGENTS OR ATTORNEYS, AND THIS AGREEMENT WILL BECOME NULL AND
1181	VOID.
1182	Original Signature of
1183	CLAIMANT:__________________________________
1184	DATE:______________________
1185	CLAIMANT'S Social Security Number or FEID
1186	number:________________
1187	Make the CLAIMANT'S check payable
1188	to:____________________________
1189	Mail check to this
1190	address:______________________________________
1191	The CLAIMANT'S telephone number
1192	is:______________________________
1193	Original Signature of CLAIMANT'S
1194	REPRESENTATIVE:_________________
1195	FEID Number of CLAIMANT'S
1196	REPRESENTATIVE:________________________
1197	DATE:______________________
1198	Address of CLAIMANT'S
1199	REPRESENTATIVE:____________________________
1200	________________________________________________________________
1201	_
1202	Telephone number of CLAIMANT'S
1203	REPRESENTATIVE:___________________
1204	Professional license number of CLAIMANT'S
1205	REPRESENTATIVE:________
1206	(3)  As used in this section, "claimant" means the person
1207	on whose behalf a claim is filed.
1208	(4)  This section does not supersede the licensing
1209	requirements of chapter 493.
1210	Section 34.  Section 717.1351, Florida Statutes, is created
1211	to read:
1212	717.1351  Acquisition of unclaimed property.--
1213	(1)  A person desiring to acquire ownership or entitlement
1214	of property reported to the department under s. 717.117 must be
1215	an attorney licensed to practice law in this state, a licensed
1216	Florida-certified public accountant, a private investigator
1217	licensed under chapter 493, or an employer of a licensed private
1218	investigator which employer possesses a Class "A" license under
1219	chapter 493 and must be registered with the department under
1220	this chapter.
1221	(2)  All contracts to acquire ownership or entitlement of
1222	unclaimed property from the person or persons entitled to the
1223	unclaimed property must be in 10-point type or greater and must:
1224	(a)  Have a purchase price that discounts the value of the
1225	unclaimed property at the time the agreement is executed by the
1226	seller at no greater than 20 percent per account held by the
1227	department; or
1228	(b)  Disclose, on such form as the department shall
1229	prescribe by rule, that the property is held by the Bureau of
1230	Unclaimed Property of the Department of Financial Services
1231	pursuant to this chapter, the person or name of the entity that
1232	held the property prior to the property becoming unclaimed, the
1233	date of the holder's last contact with the owner, if known, and
1234	the approximate value of the property, and identify which of the
1235	following categories of unclaimed property buyer is seeking to
1236	purchase as reported by the holder:
1237	1.  Cash accounts.
1238	2.  Stale dated checks.
1239	3.  Life insurance or annuity contract assets.
1240	4.  Utility deposits.
1241	5. Securities or other interests in business associations.
1242	6.  Wages.
1243	7.  Accounts receivable.
1244	8.  Contents of safe-deposit boxes.
1245
1246	Such disclosure shall be on a page signed and dated by the
1247	seller of the unclaimed property.
1248	(3)  The originals of all such disclosures and agreements
1249	to transfer ownership or entitlement to unclaimed property shall
1250	be signed and dated by the seller and shall be filed with the
1251	claim form.
1252	(4)  Any contract to acquire ownership or entitlement of
1253	unclaimed property from the person or persons entitled to the
1254	unclaimed property must provide for the purchase price to be
1255	remitted to the seller or sellers within 10 days after the
1256	execution of the contract by the seller or sellers. The contract
1257	must specify the unclaimed property account number, the value of
1258	the unclaimed property account, and the number of shares of
1259	stock, if applicable. Proof of payment by canceled check must be
1260	filed with the department with the claim.
1261	(5)  All agreements to purchase unclaimed property from an
1262	owner, who is a natural person, a trust, or a dissolved
1263	corporation must use the following form on 8 and ? inch by 11
1264	inch paper with all of the text on one side of the paper and
1265	with the other side of the paper left blank. The agreement must
1266	be accurately completed and executed. No other writing or
1267	information shall be printed on the agreement. The title of the
1268	agreement shall be in bold 14-point type and underlined. The
1269	rest of the agreement shall be in 10-point type or greater. All
1270	unclaimed property accounts to be purchased must be identified
1271	on the agreement. The agreement must state:
1272	PURCHASE AGREEMENT
1273	$___________ = APPROXIMATE DOLLAR VALUE OF THE UNCLAIMED
1274	PROPERTY
1275	PROPERTY ACCOUNT
1276	NUMBER(S):______________________________________
1277	NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF
1278	APPLICABLE):_______
1279	____________PERCENT OF UNCLAIMED PROPERTY TO BE PAID TO THE
1280	BUYER
1281	$___________= NET AMOUNT TO BE PAID TO OWNER
1282	$___________= AMOUNT TO BE PAID TO BUYER
1283	THIS AGREEMENT is
1284	between:_______________________________________
1285	(hereinafter, OWNER)
1286	and_________________________________________
1287	(hereinafter, BUYER) who agree that the OWNER transfers to the
1288	BUYER for a purchase price of $___________all rights to the
1289	above identified unclaimed property accounts.
1290	Original Signature of
1291	OWNER:________________________DATE:________
1292	OWNER'S Social Security Number or FEID
1293	number:___________________
1294	Within 10 days after the execution of this Purchase Agreement by
1295	the Owner, Buyer shall remit the OWNER'S check payable
1296	to:_______
1297	________________________________________________________________
1298	_
1299	Mail check to this
1300	address:______________________________________
1301	________________________________________________________________
1302	_
1303	The OWNER'S telephone number
1304	is:_________________________________
1305	Original Signature of
1306	BUYER:_____________________________________
1307	FEID Number of
1308	BUYER:_______________________________DATE:________
1309	Address of
1310	BUYER:________________________________________________
1311	________________________________________________________________
1312	_
1313	Telephone number of BUYER:
1314	______________________________________
1315	Professional license number of
1316	BUYER:____________________________
1317	(6)  This section does not supersede the licensing
1318	requirements of chapter 493.
1319	Section 35.  Section 717.1400, Florida Statutes, is created
1320	to read:
1321	717.1400  Registration.?-
1322	(1)  A private investigator holding a Class "C" individual
1323	license under chapter 493 must register with the department on
1324	such form as the department shall prescribe by rule, and
1325	verified by the applicant. To register with the department, a
1326	private investigator must provide:
1327	(a)  A legible copy of the applicant's Class "A" business
1328	license under chapter 493 or that of the applicant's employer
1329	which holds a Class "A" business license under chapter 493.
1330	(b)  A legible copy of the applicant's Class "C" individual
1331	license issued under chapter 493.
1332	(c)  The applicant's business address and telephone number.
1333	(d)  The names of agents or employees, if any, who are
1334	designated to act on behalf of the private investigator together
1335	with a legible copy of their photo-identification issued by an
1336	agency of the United States, or a state, or a political
1337	subdivision thereof.
1338	(e)  Sufficient information to enable the department to
1339	disburse funds by electronic funds transfer.
1340	(f)  The private investigator's applicable tax
1341	identification number if the applicant desires to have the
1342	applicant's fees sent directly to the private investigator, or
1343	the private investigator's employer which holds a Class "A"
1344	business license under chapter 493.
1345	(g)  One of the following:
1346	1.  Audited financial statements, which documents disclose
1347	that the applicant or the employer of the applicant, which
1348	employer holds a Class "A" business license under chapter 493,
1349	has a bona fide and verifiable net worth, pursuant to generally
1350	accepted accounting principles, of at least $100,000, which must
1351	be continuously maintained as a condition of registration.
1352	Assets considered as part of the net worth must be owned solely
1353	by the applicant or the applicant's employer which holds a Class
1354	"A" business license under chapter 493 and must not be title 11
1355	U.S.C. s. 522 exempt property; or
1356	2.  A surety bond purchased by the employer which holds a
1357	Class "A" business license under chapter 493, on such form as
1358	the department shall prescribe by rule, in the amount of
1359	$100,000, payable to the state and conditioned upon compliance
1360	with chapter 717, which inures to the department and which must
1361	be continuously maintained thereafter in full force as a
1362	condition of registration.
1363
1364	The audited financial statement or bond must be provided to the
1365	department on an annual basis at a time to be determined by the
1366	department by rule. Any registration made under this section is
1367	void if the person fails to maintain the required net worth of
1368	$100,000 or the surety bond in the amount of $100,000.
1369	(2)  A Florida-certified public accountant must register
1370	with the department on such form as the department shall
1371	prescribe by rule, and must be verified by the applicant. To
1372	register with the department a Florida-certified public
1373	accountant must provide:
1374	(a)  The applicant's Florida Board of Accountancy number.
1375	(b)  A legible copy of the applicant's current driver's
1376	license showing the full name and current address of such
1377	person. If a current driver's license is not available, another
1378	form of identification showing full name and current address of
1379	such person or persons shall be filed with the department.
1380	(c)  The applicant's business address and telephone number.
1381	(d)  The names of agents or employees, if any, who are
1382	designated to act on behalf of the Florida-certified public
1383	accountant together with a legible copy of their photo-
1384	identification issued by an agency of the United States, or a
1385	state, or a political subdivision thereof.
1386	(e)  Sufficient information to enable the department to
1387	disburse funds by electronic funds transfer.
1388	(f)  The Florida-certified public accountant's applicable
1389	tax identification number if the applicant desires to have the
1390	applicant's fees sent directly to such accountant, or such
1391	accountant's public accounting firm employer.
1392	(g)  One of the following:
1393	1.  Audited financial statements, which documents disclose
1394	that the applicant or the public accounting firm employer of the
1395	applicant has a bona fide and verifiable net worth, pursuant to
1396	generally accepted accounting principles, of at least $100,000,
1397	which must be continuously maintained as a condition of
1398	registration. Assets considered as part of the net worth must be
1399	owned solely by the applicant or the applicant's public
1400	accounting firm employer and must not be title 11 U.S.C. s. 522
1401	exempt property; or
1402	2.  A surety bond purchased by the applicant's public
1403	accounting firm employer, on such form as the department shall
1404	prescribe by rule, in the amount of $100,000, payable to the
1405	state and conditioned upon compliance with chapter 717, which
1406	inures to the department and which must be continuously
1407	maintained thereafter in full force as a condition of
1408	registration.
1409
1410	The audited financial statement or bond must be provided to the
1411	department on an annual basis at a time to be determined by the
1412	department by rule. Any registration made under this section is
1413	void if the person fails to maintain the required net worth of
1414	$100,000 or the surety bond in the amount of $100,000.
1415	(3)  An attorney licensed to practice in this state must
1416	register with the department on such form as the department
1417	shall prescribe by rule, and must be verified by the applicant.
1418	To register with the department, such attorney must provide:
1419	(a)  The applicant's Florida Bar number.
1420	(b)  A legible copy of the applicant's current driver's
1421	license showing the full name and current address of such
1422	person. If a current driver's license is not available, another
1423	form of identification showing full name and current address of
1424	such person or persons shall be filed with the department.
1425	(c)  The applicant's business address and telephone number.
1426	(d)  The names of agents or employees, if any, who are
1427	designated to act on behalf of the attorney, together with a
1428	legible copy of their photo-identification issued by an agency
1429	of the United States, or a state, or a political subdivision
1430	thereof.
1431	(e)  Sufficient information to enable the department to
1432	disburse funds by electronic funds transfer.
1433	(f)  The attorney's applicable tax identification number if
1434	the applicant desires to have the applicant's fees sent directly
1435	to such lawyer, or to such lawyer's law firm employer.
1436	(g)  One of the following:
1437	1.  Audited financial statements, which documents disclose
1438	that the applicant or the law firm employer of the applicant has
1439	a bona fide and verifiable net worth, pursuant to generally
1440	accepted accounting principles, of at least $100,000, which must
1441	be continuously maintained as a condition of registration.
1442	Assets considered as part of the net worth must be owned solely
1443	by the applicant or the applicant's law firm employer and must
1444	not be title 11 U.S.C. s. 522 exempt property; or
1445	2.  A surety bond purchased by the applicant's law firm
1446	employer, on such form as the department shall prescribe by
1447	rule, in the amount of $100,000, payable to the state and
1448	conditioned upon compliance with chapter 717, which inures to
1449	the department and which must be continuously maintained
1450	thereafter in full force as a condition of registration.
1451
1452	The audited financial statement or bond must be provided to the
1453	department on an annual basis at a time to be determined by the
1454	department by rule. Any registration made under this section is
1455	void if the person fails to maintain the required net worth of
1456	$100,000 or the surety bond in the amount of $100,000.
1457	(4)  Information and documents already on file with the
1458	department prior to the effective date of this provision need
1459	not be resubmitted in order to complete the registration.
1460	(5)  If a material change in the status of a registration
1461	occurs, a registrant must within 15 days provide the department
1462	with the updated documentation and information in writing.
1463	Material changes include, but are not limited to, a designated
1464	agent or employee ceasing to act on behalf of the designating
1465	person, a surrender, suspension, or revocation of a license, or
1466	a license renewal.
1467	(a)  If a designated agent or employee ceases to act on
1468	behalf of the person who has designated the agent or employee to
1469	act on such person's behalf, the designating person must within
1470	15 days inform the Bureau of Unclaimed Property in writing of
1471	the termination of agency or employment.
1472	(b)  If a registrant surrenders the registrant's license or
1473	the license is suspended or revoked, the registrant must within
1474	15 days inform the bureau in writing of the surrender,
1475	suspension, or revocation.
1476	(c)  If a private investigator's Class "C" individual
1477	license under chapter 493, or if a private investigator's
1478	employer's Class "A" business license under chapter 493, is
1479	renewed, the private investigator must provide a copy of the
1480	renewed license to the department within 30 days after the
1481	receipt of the renewed license by the private investigator or
1482	the private investigator's employer.
1483	(6)  It is a ground for denial of registration if the
1484	applicant has committed any violation specified in ss. 717.001-
1485	717.1401 or has pending against her or him any criminal
1486	prosecution or administrative enforcement action, in any
1487	jurisdiction, which alleges fraud, dishonest dealing, or any
1488	other act of moral turpitude.
1489	(7)  Any registration made under this section by any person
1490	based upon the presentation by such person of inaccurate or
1491	false information material to such registration is void. The
1492	registration shall be reinstated once the department has been
1493	provided the correct information in writing.
1494	(8)  Any registration made under this section is void if
1495	the person fails to timely report a material change in the
1496	status of a registration to the department. The registration
1497	shall be reinstated after the department has been notified in
1498	writing of the material change.
1499	(9)  Any registration made under this section is void if
1500	the person has had a license, registration, or the equivalent,
1501	to practice any profession or occupation denied, suspended,
1502	revoked, or otherwise acted against by a licensing authority in
1503	any jurisdiction for theft, fraud, misrepresentation, dishonest
1504	dealing, or any act of moral turpitude, unless the effect of the
1505	suspension or revocation has been stayed.
1506	(10)  Any registration made under this section is void if
1507	the person has plead nolo contendere to, or has been convicted
1508	or found guilty of, a crime involving theft, fraud,
1509	misrepresentation, dishonest dealing, or any act of moral
1510	turpitude, regardless of whether adjudication is withheld.
1511	(11)  No registrant or applicant for registration may have
1512	a name that might lead another person to conclude that the
1513	registrant is affiliated or associated with the United States or
1514	any agency thereof, or a state or an agency or political
1515	subdivision of a state. The department shall deny an application
1516	for registration or revoke a registration if the applicant or
1517	registrant has a name that might lead another person to conclude
1518	that the applicant or registrant is affiliated or associated
1519	with the United States or an agency thereof, or a state or an
1520	agency or political subdivision of a state. Names that might
1521	lead another person to conclude that the applicant or registrant
1522	is affiliated or associated with the United States or an agency
1523	thereof, or a state or an agency or political subdivision of a
1524	state, include, but are not limited to, the use of the words
1525	United States, Florida, state, bureau, division, department, or
1526	government.
1527	(12)(a)  The department shall deny an application of any
1528	person who assisted another person to receive unclaimed property
1529	that the person was not entitled to receive in the aggregate
1530	amount of greater than $50,000 during a 5-year period or if the
1531	applicant has an agent, employee, or ultimate equitable owner
1532	who assisted another person to receive unclaimed property that
1533	the person was not entitled to receive in the aggregate amount
1534	of greater than $50,000 during a 5-year period. Assisting
1535	another person to receive unclaimed property includes executing
1536	a claim form on the person's behalf.
1537	(b)  This subsection does not apply if the applicant has
1538	remitted to the department all funds paid by the department when
1539	the applicant, or an agent, employee, or ultimate equitable
1540	owner thereof, assisted another person to receive unclaimed
1541	property that the person was not entitled to receive.
1542	(13)  Any person having a registration file with the
1543	department as of the effective date of this act may continue to
1544	file claims prior to either the issuance of a registration by
1545	the department or proposed agency action to deny the
1546	application.
1547	Section 36.  Subsection (2) of section 212.02, Florida
1548	Statutes, is amended to read:
1549	212.02  Definitions.--The following terms and phrases when
1550	used in this chapter have the meanings ascribed to them in this
1551	section, except where the context clearly indicates a different
1552	meaning:
1553	(2)  "Business" means any activity engaged in by any
1554	person, or caused to be engaged in by him or her, with the
1555	object of private or public gain, benefit, or advantage, either
1556	direct or indirect. Except for the sales of any aircraft, boat,
1557	mobile home, or motor vehicle, the term "business" shall not be
1558	construed in this chapter to include occasional or isolated
1559	sales or transactions involving tangible personal property or
1560	services by a person who does not hold himself or herself out as
1561	engaged in business or sales of unclaimed tangible personal
1562	property under s. 717.122, but includes other charges for the
1563	sale or rental of tangible personal property, sales of services
1564	taxable under this chapter, sales of or charges of admission,
1565	communication services, all rentals and leases of living
1566	quarters, other than low-rent housing operated under chapter
1567	421, sleeping or housekeeping accommodations in hotels,
1568	apartment houses, roominghouses, tourist or trailer camps, and
1569	all rentals of or licenses in real property, other than low-rent
1570	housing operated under chapter 421, all leases or rentals of or
1571	licenses in parking lots or garages for motor vehicles, docking
1572	or storage spaces for boats in boat docks or marinas as defined
1573	in this chapter and made subject to a tax imposed by this
1574	chapter. The term "business" shall not be construed in this
1575	chapter to include the leasing, subleasing, or licensing of real
1576	property by one corporation to another if all of the stock of
1577	both such corporations is owned, directly or through one or more
1578	wholly owned subsidiaries, by a common parent corporation; the
1579	property was in use prior to July 1, 1989, title to the property
1580	was transferred after July 1, 1988, and before July 1, 1989,
1581	between members of an affiliated group, as defined in s. 1504(a)
1582	of the Internal Revenue Code of 1986, which group included both
1583	such corporations and there is no substantial change in the use
1584	of the property following the transfer of title; the leasing,
1585	subleasing, or licensing of the property was required by an
1586	unrelated lender as a condition of providing financing to one or
1587	more members of the affiliated group; and the corporation to
1588	which the property is leased, subleased, or licensed had sales
1589	subject to the tax imposed by this chapter of not less than $667
1590	million during the most recent 12-month period ended June 30.
1591	Any tax on such sales, charges, rentals, admissions, or other
1592	transactions made subject to the tax imposed by this chapter
1593	shall be collected by the state, county, municipality, any
1594	political subdivision, agency, bureau, or department, or other
1595	state or local governmental instrumentality in the same manner
1596	as other dealers, unless specifically exempted by this chapter.
1597	Section 37.  Subsection (4) of section 322.142, Florida
1598	Statutes, is amended to read:
1599	322.142  Color photographic or digital imaged licenses.--
1600	(4)  The department may maintain a film negative or print
1601	file. The department shall maintain a record of the digital
1602	image and signature of the licensees, together with other data
1603	required by the department for identification and retrieval.
1604	Reproductions from the file or digital record shall be made and
1605	issued only for departmental administrative purposes, for the
1606	issuance of duplicate licenses, in response to law enforcement
1607	agency requests, or to the Department of Revenue pursuant to an
1608	interagency agreement to facilitate service of process in Title
1609	IV-D cases, or to the Department of Financial Services pursuant
1610	to an interagency agreement to facilitate the location of owners
1611	of unclaimed property, the validation of unclaimed property
1612	claims, and the identification of fraudulent or false claims,
1613	and are exempt from the provisions of s. 119.07(1).
1614	Section 38.  Paragraph (l) is added to subsection (4) of
1615	section 395.3025, Florida Statutes, and subsection (10) of said
1616	section is amended, to read:
1617	395.3025  Patient and personnel records; copies;
1618	examination.--
1619	(4)  Patient records are confidential and must not be
1620	disclosed without the consent of the person to whom they
1621	pertain, but appropriate disclosure may be made without such
1622	consent to:
1623	(l)  The Department of Financial Services, or an agent,
1624	employee, or independent contractor of the department who is
1625	auditing for unclaimed property pursuant to chapter 717.
1626	(10)  The home addresses, telephone numbers, social
1627	security numbers, and photographs of employees of any licensed
1628	facility who provide direct patient care or security services;
1629	the home addresses, telephone numbers, social security numbers,
1630	photographs, and places of employment of the spouses and
1631	children of such persons; and the names and locations of schools
1632	and day care facilities attended by the children of such persons
1633	are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
1634	I of the State Constitution. However, any state or federal
1635	agency that is authorized to have access to such information by
1636	any provision of law shall be granted such access in the
1637	furtherance of its statutory duties, notwithstanding the
1638	provisions of this subsection. The Department of Financial
1639	Services, or an agent, employee, or independent contractor of
1640	the department who is auditing for unclaimed property pursuant
1641	to chapter 717, shall be granted access to the name, address,
1642	and social security number of any employee owed unclaimed
1643	property. This subsection is subject to the Open Government
1644	Sunset Review Act of 1995 in accordance with s. 119.15, and
1645	shall stand repealed on October 2, 2004, unless reviewed and
1646	saved from repeal through reenactment by the Legislature.
1647	Section 39.  This act shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.