HB 1039

CS

CHAMBER ACTION

2	The Committee on Commerce recommends the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to unclaimed property; amending s.
8	717.101, F.S.; revising and providing definitions;
9	amending ss. 717.106, 717.107, 717.109, and 717.116, F.S.;
10	revising criteria for presuming as unclaimed certain bank
11	deposits and funds in financial organizations, funds owing
12	under life insurance policies, funds held by business
13	associations, and property held in a safe-deposit box or
14	other safekeeping repository, respectively; amending s.
15	717.117, F.S.; revising reporting requirements for
16	unclaimed property; presuming certain accounts as
17	unclaimed under certain circumstances; exempting
18	intangible property under certain circumstances; amending
19	s. 717.118, F.S.; providing requirements for notification
20	of apparent owners of unclaimed property; amending s.
21	717.119, F.S.; revising requirements for delivery of
22	unclaimed property held in a safe-deposit box or other
23	safekeeping repository; providing penalties for late
24	deliveries; amending s. 717.1201, F.S.; revising certain
25	holder payment and repayment requirements; amending s.
26	717.122, F.S.; revising certain public sale requirements;
27	authorizing the Department of Financial Services to deduct
28	certain auction fees, costs, and expenses; prohibiting
29	actions or proceedings against the department for certain
30	decisions relating to auctions of unclaimed property;
31	specifying that certain sales of unclaimed property are
32	not subject to the sales tax; amending s. 717.123, F.S.;
33	increasing a maximum amount of funds the department may
34	retain from certain funds received; amending s. 717.124,
35	F.S.; providing additional requirements for filing
36	unclaimed property claims; providing for the return or
37	withdrawal of certain claims under certain circumstances;
38	specifying a time period for department determination of
39	claims; authorizing the department to deny claims under
40	certain circumstances; specifying an exclusive remedy for
41	subsequent claimants; revising requirements for a power of
42	attorney; requiring direct delivery of safe-deposit boxes
43	under certain circumstances; revising payment of fees and
44	costs requirements; authorizing an alternative form of
45	identification; creating s. 717.12403, F.S.; providing
46	presumptions for certain unclaimed demand, savings, or
47	checking accounts in financial institutions in the name of
48	more than one person; creating s. 717.12404, F.S.;
49	providing requirements for claims for property reported in
50	the name of an active or dissolved corporation for which
51	the last annual report is unavailable; creating s.
52	717.12405, F.S.; providing requirements for claims by
53	estates; amending s. 717.1241, F.S.; revising requirements
54	for remittance of property subject to conflicting claims;
55	amending s. 717.1242, F.S.; clarifying legislative intent
56	relating to filing certain claims; creating s. 717.1244,
57	F.S.; providing criteria for department determinations of
58	claims; amending s. 717.126, F.S.; providing a criterion
59	for proof of entitlement; specifying venue in certain
60	unclaimed property actions; creating s. 717.1261, F.S.;
61	requiring a death certificate in claiming entitlement to
62	certain unclaimed property; creating s. 717.1262, F.S.;
63	requiring certain court documents in claiming entitlement
64	to certain unclaimed property; amending s. 717.1301, F.S.;
65	revising certain fee and expense requirements for
66	investigations or examinations; providing for interest on
67	such amounts under certain circumstances; amending s.
68	717.1315, F.S.; clarifying a record retention requirement
69	for owner representatives; amending s. 717.132, F.S.;
70	specifying criteria for certain corrective actions;
71	creating s. 717.1322, F.S.; specifying grounds for certain
72	administrative enforcement actions; providing for certain
73	administrative enforcement actions; subjecting registrants
74	to certain administrative enforcement actions for certain
75	violations; requiring the department to adopt disciplinary
76	guidelines applicable to such administrative enforcement
77	actions; providing requirements and criteria for such
78	guidelines; requiring the guidelines to specify penalties;
79	authorizing the department to impose penalties under
80	certain circumstances; requiring administrative law judges
81	to follow such guidelines and penalties in certain
82	actions; authorizing the department to file civil actions
83	seeking civil legal remedies under certain circumstances;
84	creating s. 717.1331, F.S.; providing for department
85	actions against certain lienholders under certain
86	circumstances; creating s. 717.1333, F.S.; providing for
87	admitting certain documents into evidence in certain
88	actions; amending s. 717.134, F.S.; authorizing the
89	department to impose and collect penalties for failing to
90	report certain information; authorizing the department
91	waive such penalties under certain circumstances; creating
92	s. 717.1341, F.S.; prohibiting receipt of unentitled
93	unclaimed property; providing for liability for such
94	property under certain circumstances; authorizing the
95	department to maintain certain civil or administrative
96	actions; providing for fines, costs, and attorney fees;
97	prohibiting filing claims for unentitled unclaimed
98	property; providing criminal penalties; amending s.
99	717.135, F.S.; revising requirements for agreements to
100	recover certain property; providing an agreement form;
101	creating s. 717.1351, F.S.; providing requirements for
102	acquisition of unclaimed property by certain persons;
103	providing certain contract requirements; providing a
104	contract form; creating s. 717.1400, F.S.; requiring
105	certain licensed persons to register with the department
106	for certain purposes; providing registration requirements;
107	providing for denial of registration under certain
108	circumstances; providing registration limitations;
109	amending s. 212.02, F.S.; revising a definition to
110	conform; amending ss. 322.142 and 395.3025, F.S.;
111	providing for disclosure of certain confidential
112	information to the department under certain circumstances;
113	providing an effective date.
114
115	Be It Enacted by the Legislature of the State of Florida:
116
117	Section 1.  Subsection (15) of section 717.101, Florida
118	Statutes, is renumbered as subsection (16) and amended,
119	subsections (5) through (18) are renumbered as subsections (6)
120	through (19), respectively, present subsection (19) is
121	renumbered as subsection (21), and new subsections (5) and (20)
122	are added to said section, to read:
123	717.101  Definitions.--As used in this chapter, unless the
124	context otherwise requires:
125	(5)  "Claimant" means the person on whose behalf a claim is
126	filed.
127	(16)(15)  "Owner" means a depositor in the case of a
128	deposit, a beneficiary in case of a trust or other than a
129	deposit in trust, a claimant, or a payee in the case of other
130	intangible property, or a person having a legal or equitable
131	interest in property subject to this chapter or his or her legal
132	representative.
133	(20)  "Ultimate equitable owner" means a natural person
134	who, directly or indirectly, owns or controls an ownership
135	interest in a corporation, a foreign corporation, an alien
136	business organization, or any other form of business
137	organization, regardless of whether such natural person owns or
138	controls such ownership interest through one or more natural
139	persons or one or more proxies, powers of attorney, nominees,
140	corporations, associations, partnerships, trusts, joint stock
141	companies, or other entities or devices, or any combination
142	thereof.
143	Section 2.  Paragraphs (b), (d), (e), and (f) of subsection
144	(1) of section 717.106, Florida Statutes, are amended to read:
145	717.106  Bank deposits and funds in financial
146	organizations.--
147	(1)  Any demand, savings, or matured time deposit with a
148	banking or financial organization, including deposits that are
149	automatically renewable, and any funds paid toward the purchase
150	of shares, a mutual investment certificate, or any other
151	interest in a banking or financial organization is presumed
152	unclaimed unless the owner has, within 5 years:
153	(b)  Communicated in writing or by telephone with the
154	banking or financial organization concerning the property;
155	(d)  Owned other property to which paragraph (a), paragraph
156	(b), or paragraph (c) is applicable and if the banking or
157	financial organization communicates in writing with the owner
158	with regard to the property that would otherwise be presumed
159	unclaimed under this subsection at the address to which
160	communications regarding the other property regularly are sent;
161	or
162	(e)  Had another relationship with the banking or financial
163	organization concerning which the owner has:
164	1.  Communicated in writing with the banking or financial
165	organization; or
166	2.  Otherwise indicated an interest as evidenced by a
167	memorandum or other record on file with the banking or financial
168	organization and if the banking or financial organization
169	communicates in writing with the owner with regard to the
170	property that would otherwise be unclaimed under this subsection
171	at the address to which communications regarding the other
172	relationship regularly are sent; or
173	(f)  Received first-class mail from the banking or
174	financial organization or a subsidiary of such banking or
175	financial organization, which was not returned as undeliverable,
176	in the ordinary course of business at the address reflected in
177	the banking or financial organization's records.
178	Section 3.  Subsection (1) of section 717.107, Florida
179	Statutes, is amended to read:
180	717.107  Funds owing under life insurance policies.--
181	(1)  Funds held or owing under any life or endowment
182	insurance policy or annuity contract which has matured or
183	terminated are presumed unclaimed if unclaimed for more than 5
184	years after the funds became due and payable as established from
185	the records of the insurance company holding or owing the funds,
186	but property described in paragraph (3)(b) is presumed unclaimed
187	if such property is not claimed for more than 2 years. The
188	amount presumed unclaimed shall include any amount due and
189	payable under s. 627.4615.
190	Section 4.  Section 717.109, Florida Statutes, is amended
191	to read:
192	717.109  Refunds held by business associations.--Except as
193	to the extent otherwise provided ordered by law the court or
194	administrative agency, any sum that a business association has
195	been ordered to refund by a court or administrative agency which
196	has been unclaimed by the owner for more than 1 year after it
197	became payable in accordance with the final determination or
198	order providing for the refund, regardless of whether the final
199	determination or order requires any person entitled to a refund
200	to make a claim for it, is presumed unclaimed.
201	Section 5.  Section 717.116, Florida Statutes, is amended
202	to read:
203	717.116  Contents of safe-deposit box or other safekeeping
204	repository.--All tangible and intangible property held by a
205	banking or financial organization in a safe-deposit box or any
206	other safekeeping repository in this state in the ordinary
207	course of the holder's business, and proceeds resulting from the
208	sale of the property permitted by law, that has not been claimed
209	by the owner for more than 3 years after the lease or rental
210	period on the box or other repository has expired are presumed
211	unclaimed.
212	Section 6.  Subsections (1), (3), (4), and (7) of section
213	717.117, Florida Statutes, are amended to read:
214	717.117  Report of unclaimed property.--
215	(1)  Every person holding funds or other property, tangible
216	or intangible, presumed unclaimed and subject to custody as
217	unclaimed property under this chapter shall report to the
218	department on such forms as the department may prescribe by
219	rule. In lieu of forms, any the holder of unclaimed property
220	belonging to 25 or more apparent owners must may submit the
221	required information via electronic medium as the department may
222	prescribe by rule. The report must include:
223	(a)  Except for traveler's checks and money orders, the
224	name, social security number or taxpayer identification number,
225	and date of birth, if known, and last known address, if any, of
226	each person appearing from the records of the holder to be the
227	owner of any property which is presumed unclaimed and which has
228	a value of $50 or more.
229	(b)  For unclaimed funds which have a value of $50 or more
230	held or owing under any life or endowment insurance policy or
231	annuity contract, the full name, taxpayer identification number
232	or social security number, date of birth, if known, and last
233	known address of the insured or annuitant and of the beneficiary
234	according to records of the insurance company holding or owing
235	the funds.
236	(c)  For all tangible property held in a safe-deposit box
237	or other safekeeping repository, a description of the property
238	and the place where the property is held and may be inspected by
239	the department, and any amounts owing to the holder. Contents of
240	a safe-deposit box or other safekeeping repository which consist
241	of documents or writings of a private nature and which have
242	little or no apparent value shall not be presumed unclaimed.
243	(d)  The nature and identifying number, if any, or
244	description of the property and the amount appearing from the
245	records to be due. Items of value under $50 each may be reported
246	in the aggregate.
247	(e)  The date the property became payable, demandable, or
248	returnable, and the date of the last transaction with the
249	apparent owner with respect to the property.
250	(f)  Any person or business association or public
251	corporation entity holding funds presumed unclaimed and having a
252	total value of $10 or less may file a zero balance report for
253	that reporting period. The balance brought forward to the new
254	reporting period is zero.
255	(g)  Such other information as the department may prescribe
256	by rule as necessary for the administration of this chapter.
257	(h)  Credit balances, customer overpayments, security
258	deposits, and refunds having a value of less than $10 shall not
259	be presumed unclaimed.
260	(3)  The report must be filed before May 1 of each year.
261	Such report shall apply to the preceding calendar year. If such
262	report is not filed on or before the applicable filing date, the
263	holder shall pay to The department may impose and collect a
264	penalty of $10 per day up to a maximum of for each day the
265	report is delinquent, but such penalty shall not exceed $500 for
266	the failure to timely report or the failure to include in a
267	report information required by this chapter. The penalty shall
268	be remitted to the department within 30 days after the date of
269	the notification to the holder that the penalty is due and
270	owing. As necessary for proper administration of this chapter,
271	the department may waive any penalty due with appropriate
272	justification. On written request by any person required to file
273	a report and upon a showing of good cause, the department may
274	postpone the reporting date. The department must provide
275	information contained in a report filed with the department to
276	any person requesting a copy of the report or information
277	contained in a report, to the extent the information requested
278	is not confidential, within 90 days after the report has been
279	processed and added to the unclaimed property database
280	subsequent to a determination that the report is accurate and
281	that the reported property is the same as the remitted property.
282	(4)  Holders of inactive accounts having a value of $50 or
283	more shall use due diligence to locate apparent owners.
284	(a)  When an owner's account becomes inactive, the holder
285	shall conduct at least one search for the apparent owner using
286	due diligence. For purposes of this section, except for banks,
287	credit unions, and state or federal savings associations, an
288	account is inactive if 2 years have transpired after the last
289	owner-initiated account activity, if 2 years have transpired
290	after the expiration date on the instrument or contract, or if 2
291	years have transpired since first-class mail has been returned
292	as undeliverable. With respect to banks, credit unions, and
293	state or federal savings associations, an account is inactive if
294	2 years have transpired after the last owner-initiated account
295	activity and first-class mail has been returned as undeliverable
296	or 2 years after the expiration date on the instrument or
297	contract and first-class mail has been returned as
298	undeliverable.
299	(b)1.  Within 180 days after an account becomes inactive,
300	the holder shall conduct a search to locate the apparent owner
301	of the property. The holder may satisfy such requirement by
302	conducting one annual search for the owners of all accounts
303	which have become inactive during the prior year.
304	(c)2.  Within 30 days after receiving updated address
305	information, the holder shall provide notice by telephone or
306	first-class mail to the current address notifying the apparent
307	owner that the holder is in possession of property which is
308	presumed unclaimed and may be remitted to the department. The
309	notice shall also provide the apparent owner with the address or
310	the telephone number of an office where the apparent owner may
311	claim the property or reestablish the inactive account.
312	(d)  The account shall be presumed unclaimed if the holder
313	is not able to contact the apparent owner by telephone, the
314	first-class mail notice is returned to the holder as
315	undeliverable, or the apparent owner does not contact the holder
316	in response to the first-class mail notice.
317	(b)  The claim of the apparent owner is not barred by the
318	statute of limitations.
319	(7)(a)  This section shall not apply to the unclaimed
320	patronage refunds as provided for by contract or through bylaw
321	provisions of entities organized under chapter 425.
322	(b)  This section shall not apply to intangible property
323	held, issued, or owed by a business association subject to the
324	jurisdiction of the United States Surface Transportation Board
325	or its successor federal agency if the apparent owner of such
326	intangible property is a business association. The holder of
327	such property shall have no obligation to report, to pay, or to
328	deliver such property to the department.
329	Section 7.  Section 717.118, Florida Statutes, is amended
330	to read:
331	717.118  Notification of apparent owners Notice and
332	publication of lists of unclaimed property.--
333	(1)  It is specifically recognized that the state has an
334	obligation to make an effort to notify owners of unclaimed
335	property in a cost-effective manner. In order to provide all the
336	citizens of this state an effective and efficient program for
337	the recovery of unclaimed property, the department shall use
338	cost-effective means to make at least one active attempt to
339	notify owners of unclaimed property accounts valued at more than
340	$100 with a reported address or taxpayer identification number
341	the existence of unclaimed property held by the department. Such
342	active attempt to notify locate apparent owners shall include
343	any attempt by the department to directly contact the owner.
344	Other means of notification, such as publication of the names of
345	owners in the newspaper, on television, on the Internet, or
346	through other promotional efforts and items in which the
347	department does not directly attempt to contact the owner are
348	expressly declared to be passive attempts. Nothing in this
349	subsection precludes other agencies or entities of state
350	government from notifying owners of the existence of unclaimed
351	property or attempting to notify locate apparent owners of
352	unclaimed property.
353	(2)  The following notification requirements shall apply:
354	(a)  Notifications that are published or televised may
355	consist of the names of apparent owners of unclaimed property,
356	and information regarding recovery of unclaimed property from
357	the department. Such notification may be televised or published
358	in the county in which the last known address of the apparent
359	owner is located or, if the address is unknown, in the county in
360	which the holder has its principal place of business. Published
361	notifications may be in accordance with s. 50.011.
362	(b)  Notification provided directly to individual apparent
363	owners shall consist of a description of the property and
364	information regarding recovery of unclaimed property from the
365	department.
366	(3)  The department may publish in the notice any items of
367	more than $100.
368	(3)(4)  This section is not applicable to sums payable on
369	traveler's checks, money orders, and other written instruments
370	presumed unclaimed under s. 717.104.
371	Section 8.  Subsection (5) of section 717.119, Florida
372	Statutes, is amended to read:
373	717.119  Payment or delivery of unclaimed property.--
374	(5)  All intangible and tangible property held in a safe-
375	deposit box or any other safekeeping repository reported under
376	s. 717.117 shall not be delivered to the department until 120
377	days after the report due date. The delivery of the property,
378	through the United States mail or any other carrier, shall be
379	insured by the holder at an amount equal to the estimated value
380	of the property. Each package shall be clearly marked on the
381	outside "Deliver Unopened." A holder's safe-deposit box contents
382	shall be delivered to the department in a single shipment. In
383	lieu of a single shipment, holders may provide the department
384	with a single detailed shipping schedule that includes package
385	tracking information for all packages being sent pursuant to
386	this section.
387	(a)  Holders may remit the value of cash and coins found in
388	unclaimed safe-deposit boxes to the department by cashier's
389	check or by electronic funds transfer, unless the cash or coins
390	have a value above face value. The department shall identify by
391	rule those cash and coin items having a numismatic value. Cash
392	and coin items identified as having a numismatic value shall be
393	remitted to the department in their original form.
394	(b)  Any firearm or ammunition found in an unclaimed safe-
395	deposit box or any other safekeeping repository shall be
396	delivered by the holder to a law enforcement agency for
397	disposal. However, the department is authorized to make a
398	reasonable attempt to ascertain the historical value to
399	collectors of any firearm that has been delivered to the
400	department. Any firearm appearing to have historical value to
401	collectors may be sold by the department pursuant to s. 717.122
402	to a person having a federal firearms license. Any firearm which
403	is not sold pursuant to s. 717.122 shall be delivered by the
404	department to a law enforcement agency in this state for
405	disposal. The department shall not be administratively, civilly,
406	or criminally liable for any firearm delivered by the department
407	to a law enforcement agency in this state for disposal.
408	(c)  If such property is not paid or delivered to the
409	department on or before the applicable payment or delivery date,
410	the holder shall pay to the department a penalty of $10 for each
411	safe-deposit box shipment received late, but such penalty shall
412	not exceed $1,000. The penalty shall be $100 for a safe-deposit
413	box shipment container that is late 30 days or less. Thereafter,
414	the penalty shall be $500 for a safe-deposit box shipment
415	container that is late for each additional successive 30-day
416	period. The penalty assessed against a holder for a late safe-
417	deposit box shipment container shall not exceed $4,000 annually.
418	The penalty shall be remitted to the department within 30 days
419	after the date of the notification to the holder that the
420	penalty is due and owing.
421	(d)  The department may waive any penalty due with
422	appropriate justification, as provided by rule.
423	(e)  Upon written request by any person required to deliver
424	safe-deposit box contents, the department may postpone the
425	delivery.
426	Section 9.  Subsection (2) of section 717.1201, Florida
427	Statutes, is amended to read:
428	717.1201  Custody by state; holder relieved from liability;
429	repayment reimbursement of holder paying claim; reclaiming for
430	owner; defense of holder; payment of safe-deposit box or
431	repository charges.--
432	(2)  Any holder who has paid money to the department
433	pursuant to this chapter may make payment to any person
434	appearing to the holder to be entitled to payment and, upon
435	filing proof of payment and proof that the payee is was entitled
436	thereto, the department shall forthwith repay reimburse the
437	holder for the payment without deduction of any fee or other
438	charges. If repayment reimbursement is sought for a payment made
439	on a negotiable instrument, including a traveler's check or
440	money order, the holder must be repaid reimbursed under this
441	subsection upon filing proof that the instrument was duly
442	presented and that the payee is payment was made to a person who
443	appeared to the holder to be entitled to payment. The holder
444	shall be repaid reimbursed for payment made under this
445	subsection even if the payment was made to a person whose claim
446	was barred under s. 717.129(1).
447	Section 10.  Subsections (1) and (3) of section 717.122,
448	Florida Statutes, are amended, and subsection (5) is added to
449	said section, to read:
450	717.122  Public sale of unclaimed property.--
451	(1)  Except as provided in subsection (2), the department
452	after the receipt of unclaimed property shall sell it to the
453	highest bidder at public sale on the Internet or at a specified
454	physical location wherever in the judgment of the department the
455	most favorable market for the property involved exists. The
456	department may decline the highest bid and reoffer the property
457	for sale if in the judgment of the department the bid is
458	insufficient. The department shall have the discretion to
459	withhold from sale any unclaimed property that the department
460	deems to be of benefit to the people of the state. If in the
461	judgment of the department the probable cost of sale exceeds the
462	value of the property, it need not be offered for sale and may
463	be disposed of as the department determines appropriate. Any
464	sale at a specified physical location held under this section
465	must be preceded by a single publication of notice, at least 3
466	weeks in advance of sale, in a newspaper of general circulation
467	in the county in which the property is to be sold. The
468	department shall proportionately deduct auction fees,
469	preparation costs, and expenses from the amount posted to the
470	owner's account when safe-deposit box contents are sold. No
471	action or proceeding may be maintained against the department
472	for or on account of any decision to decline the highest bid or
473	withhold any unclaimed property from sale.
474	(3)  Unless the department deems it to be in the public
475	interest to do otherwise, all securities presumed unclaimed and
476	delivered to the department may be sold upon receipt. Any person
477	making a claim pursuant to this chapter is entitled to receive
478	either the securities delivered to the department by the holder,
479	if they still remain in the hands of the department, or the
480	proceeds received from sale, less any amounts deducted pursuant
481	to subsection (2), but no person has any claim under this
482	chapter against the state, the holder, any transfer agent, any
483	registrar, or any other person acting for or on behalf of a
484	holder for any appreciation in the value of the property
485	occurring after delivery by the holder to the state.
486	(5)  The sale of unclaimed tangible personal property is
487	not subject to tax under chapter 212 when such property is sold
488	by or on behalf of the department pursuant to this section.
489	Section 11.  Subsection (1) of section 717.123, Florida
490	Statutes, is amended to read:
491	717.123  Deposit of funds.--
492	(1)  All funds received under this chapter, including the
493	proceeds from the sale of unclaimed property under s. 717.122,
494	shall forthwith be deposited by the department in the Unclaimed
495	Property Trust Fund. The department shall retain, from funds
496	received under this chapter, an amount not exceeding $15 $8
497	million from which the department shall make prompt payment of
498	claims allowed by the department and shall pay the costs
499	incurred by the department in administering and enforcing this
500	chapter. All remaining funds received by the department under
501	this chapter shall be deposited by the department into the State
502	School Fund.
503	Section 12.  Section 717.124, Florida Statutes, is amended
504	to read:
505	717.124  Unclaimed property claims Filing of claim with
506	department.--
507	(1)  Any person, excluding another state, claiming an
508	interest in any property paid or delivered to the department
509	under this chapter may file with the department a claim on a
510	form prescribed by the department and verified by the claimant
511	or the claimant's representative. The claimant's representative
512	must be an attorney licensed to practice law in this state, a
513	licensed Florida-certified public accountant, or a private
514	investigator licensed under chapter 493. The claimant's
515	representative must be registered with the department under this
516	chapter. The claimant, or the claimant's representative, shall
517	provide the department with a legible copy of a valid driver's
518	license of the claimant at the time the original claim form is
519	filed. If the claimant has not been issued a valid driver's
520	license at the time the original claim form is filed, the
521	department shall be provided with a legible copy of a
522	photographic identification of the claimant issued by the United
523	States or a foreign nation, a state or territory of the United
524	States or foreign nation, or a political subdivision or agency
525	thereof. In lieu of photographic identification, a notarized
526	sworn statement by the claimant may be provided which affirms
527	the claimant's identity and states the claimant's full name and
528	address. Any claim filed without the required identification or
529	the sworn statement with the original claim form and the
530	original power of attorney, if applicable, is void.
531	(a)  Within 90 days after receipt of a claim, the
532	department may return any claim that provides for the receipt of
533	fees and costs greater than that permitted under this chapter or
534	that contains any apparent errors or omissions. The department
535	may also request that the claimant or the claimant's
536	representative provide additional information. The department
537	shall retain a copy or electronic image of the claim.
538	(b)  A claimant or the claimant's representative shall be
539	deemed to have withdrawn a claim if no response to the
540	department's request for additional information is received by
541	the department within 60 days after the notification of any
542	apparent errors or omissions.
543	(c)  Within 90 days after receipt of the claim, or the
544	response of the claimant or the claimant's representative to the
545	department's request for additional information, whichever is
546	later, the department shall determine each claim within 90 days
547	after it is filed. Such determination shall contain a notice of
548	rights provided by ss. 120.569 and 120.57. The 90-day period
549	shall be extended by 60 days if the department has good cause to
550	need additional time or if the unclaimed property:
551	1.  Is owned by a person who has been a debtor in
552	bankruptcy;
553	2.  Was reported with an address outside of the United
554	States;
555	3.  Is being claimed by a person outside of the United
556	States; or
557	4.  Contains documents filed in support of the claim that
558	are not in the English language and have not been accompanied by
559	an English language translation.
560	(d)  The department shall deny any claim under which the
561	claimant's representative has refused to authorize the
562	department to reduce the fees and costs to the maximum permitted
563	under this chapter.
564	(2)  A claim for a cashier's check or a stock certificate
565	without the original instrument may require an indemnity bond
566	equal to the value of the claim to be provided prior to issue of
567	the stock or payment of the claim by the department.
568	(3)  The department may require an affidavit swearing to
569	the authenticity of the claim, lack of documentation, and an
570	agreement to allow the department to provide the name and
571	address of the claimant to subsequent claimants coming forward
572	with substantiated proof to claim the account. This shall apply
573	to claims equal to or less than $250. The exclusive remedy of a
574	subsequent claimant to the property shall be against the person
575	who received the property from the department.
576	(4)(a)  Except as otherwise provided in this chapter, if a
577	claim is determined in favor of the claimant, the department
578	shall deliver or pay over to the claimant the property or the
579	amount the department actually received or the proceeds if it
580	has been sold by the department, together with any additional
581	amount required by s. 717.121.
582	(b)(5)(a)  If an owner authorizes an attorney licensed to
583	practice law in this state, Florida-certified public accountant,
584	or private investigator licensed under chapter 493, and
585	registered with the department under this chapter, investigative
586	agency which is duly licensed to do business in this state to
587	claim the unclaimed property on the owner's behalf, the
588	department is authorized to make distribution of the property or
589	money in accordance with such power of attorney. The original
590	power of attorney must be executed by the owner and must be
591	filed with the department.
592	(c)(b)1.  Payments of approved claims for unclaimed cash
593	accounts shall be made to the owner after deducting any fees and
594	costs authorized pursuant to a written power of attorney. The
595	contents of a safe-deposit box shall be delivered directly to
596	the claimant notwithstanding any agreement to the contrary.
597	2.  Payments of fees and costs authorized pursuant to a
598	written power of attorney for approved cash claims shall be made
599	or issued forwarded to the law firm employer of the designated
600	attorney licensed to practice law in this state, the public
601	accountancy firm employer of the licensed Florida-certified
602	public accountant, or the designated employing private
603	investigative agency licensed by this state. Such payments shall
604	may be made by electronic funds transfer and may be made on such
605	periodic schedule as the department may define by rule, provided
606	the payment intervals do not exceed 31 days. Payment made to an
607	attorney licensed in this state, a Florida-certified public
608	accountant, or a private investigator licensed under chapter
609	493, operating individually or as a sole practitioner, shall be
610	to the attorney, accountant, or investigator.
611	3.  Payments of approved claims for unclaimed securities
612	and other intangible ownership interests made to an attorney,
613	Florida-certified public accountant, or private investigative
614	agency shall be promptly deposited into a trust or escrow
615	account which is regularly maintained by the attorney, Florida-
616	certified public accountant, or the private investigative agency
617	in a financial institution authorized to accept such deposits
618	and located in this state.
619	(c)  Distribution of unclaimed property by the attorney,
620	Florida-certified public accountant, or private investigative
621	agency to the claimant shall be made within 10 days following
622	final credit of the deposit into the trust or escrow account at
623	the financial institution, unless a party to the agreement
624	protests in writing such distribution before it is made.
625	(5)(6)  The department shall not be administratively,
626	civilly, or criminally liable for any property or funds
627	distributed pursuant to this section, provided such distribution
628	is made in good faith.
629	(6)  This section does not supersede the licensing
630	requirements of chapter 493.
631	Section 13.  Section 717.12403, Florida Statutes, is
632	created to read:
633	717.12403  Unclaimed demand, savings, or checking account
634	in a financial institution held in the name of more than one
635	person.--
636	(1)(a)  If an unclaimed demand, savings, or checking
637	account in a financial institution is reported as an "and"
638	account in the name of two or more persons who are not
639	beneficiaries, it is presumed that each person must claim the
640	account in order for the claim to be approved by the department.
641	This presumption may be rebutted by showing that entitlement to
642	the account has been transferred to another person or by clear
643	and convincing evidence demonstrating that the account should
644	have been reported by the financial institution as an "or"
645	account.
646	(b)  If an unclaimed demand, savings, or checking account
647	in a financial institution is reported as an "and" account and
648	one of the persons on the account is deceased, it is presumed
649	that the account is a survivorship account. This presumption may
650	be rebutted by showing that entitlement to the account has been
651	transferred to another person or by clear and convincing
652	evidence demonstrating that the account is not a survivorship
653	account.
654	(2)  If an unclaimed demand, savings, or checking account
655	in a financial institution is reported as an "or" account in the
656	name of two or more persons who are not beneficiaries, it is
657	presumed that either person listed on the account may claim the
658	entire amount held in the account. This presumption may be
659	rebutted by showing that entitlement to the account has been
660	transferred to another person or by clear and convincing
661	evidence demonstrating that the account should have been
662	reported by the financial institution as an "and" account.
663	(3)  If an unclaimed demand, savings, or checking account
664	in a financial institution is reported in the name of two or
665	more persons who are not beneficiaries without identifying
666	whether the account is an "and" account or an "or" account, it
667	is presumed that the account is an "or" account. This
668	presumption may be rebutted by showing that entitlement to the
669	account has been transferred to another person or by clear and
670	convincing evidence demonstrating that the account should have
671	been reported by the financial institution as an "and" account.
672	(4)  The department shall be deemed to have made a
673	distribution in good faith if the department remits funds
674	consistent with this section.
675	Section 14.  Section 717.12404, Florida Statutes, is
676	created to read:
677	717.12404  Claims on behalf of a business entity or
678	trust.--
679	(1)  Claims on behalf of an active or dissolved corporation
680	for which the last annual report is not available from the
681	Department of State through the Internet shall be accompanied by
682	a microfiche copy of the records on file with the Department of
683	State or, if the corporation has not made a corporate filing
684	with the Department of State, an authenticated copy of the last
685	corporate filing identifying the officers and directors from the
686	appropriate authorized official of the state of incorporation. A
687	claim on behalf of a corporation must be made by an officer or
688	director identified on the last corporate filing.
689	(2)  Claims on behalf of a dissolved corporation, a
690	business entity other than an active corporation, or a trust
691	must include a legible copy of a valid driver's license of the
692	person acting on behalf of the dissolved corporation, business
693	entity other than an active corporation, or trust. If the person
694	has not been issued a valid driver's license, the department
695	shall be provided with a legible copy of a photographic
696	identification of the person issued by the United States or a
697	foreign nation, or a political subdivision or agency thereof.
698	Any claim filed without the required identification with the
699	original claim form and the original power of attorney, if
700	applicable, is void.
701	Section 15.  Section 717.12405, Florida Statutes, is
702	created to read:
703	717.12405  Claims by estates.--An estate, or any person
704	representing an estate or acting on behalf of an estate, may
705	claim unclaimed property only after the heir or legatee of the
706	decedent entitled to the property has been located. Any estate,
707	or any person representing an estate or acting on behalf of an
708	estate, that receives unclaimed property before the heir or
709	legatee of the decedent entitled to the property has been
710	located is personally liable for the unclaimed property and must
711	immediately return the full amount of the unclaimed property or
712	the value thereof to the department in accordance with s.
713	717.1341.
714	Section 16.  Subsection (1) of section 717.1241, Florida
715	Statutes, is amended, and subsection (3) is added to said
716	section, to read:
717	717.1241  Conflicting claims.--
718	(1)  When ownership has been established but conflicting
719	claims have been received by the department, the property shall
720	be remitted as follows, notwithstanding the withdrawal of a
721	claim to the:
722	(a)  As between an owner and an owner's representative:
723	1.  To the person submitting the first claim that is
724	complete or made complete received by the department; or
725	2.  If an owner's claim and an owner's representative's
726	claim are received by the department on the same day and both
727	claims are complete, to the owner;
728	(b)  As between two or more owners' representatives, to the
729	owner's representative who has submitted the first claim that is
730	complete or made complete Owner if an owner's claim and an
731	owner's representative's claim are received by the department on
732	the same day; or
733	(c)  As between two or more owners' representatives whose
734	claims were complete on the same day, to the owner's
735	representative who has agreed to receive the lowest fee. If two
736	or more owners' representatives whose claims were complete on
737	the same day are charging the same lowest fee, the fees shall be
738	divided equally between the owners' representatives Owner's
739	representative who has the earliest dated contract with the
740	owner if claims by two or more owner's representatives are
741	received by the department on the same day.
742	(3)  A claim is complete when entitlement to the unclaimed
743	property has been established.
744	Section 17.  Subsection (1) of section 717.1242, Florida
745	Statutes, is amended to read:
746	717.1242  Restatement of jurisdiction of the circuit court
747	sitting in probate and the department.--
748	(1)  It is and has been the intent of the Legislature that,
749	pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of
750	proceedings relating to the settlement of the estates of
751	decedents and other jurisdiction usually pertaining to courts of
752	probate. It is and has been the intent of the Legislature that,
753	pursuant to s. 717.124, the department determines the merits of
754	claims for property paid or delivered to the department under
755	this chapter. Consistent with this legislative intent, any
756	estate or beneficiary, as defined in s. 731.201, heir of an
757	estate seeking to obtain property paid or delivered to the
758	department under this chapter must file a claim with the
759	department as provided in s. 717.124.
760	Section 18.  Section 717.1244, Florida Statutes, is created
761	to read:
762	717.1244  Determinations of unclaimed property claims.--In
763	rendering a determination regarding the merits of an unclaimed
764	property claim, the department shall rely on the applicable
765	statutory, regulatory, common, and case law. Agency statements
766	applying the statutory, regulatory, common, and case law to
767	unclaimed property claims are not agency statements subject to
768	s. 120.56(4).
769	Section 19.  Section 717.126, Florida Statutes, is amended
770	to read:
771	717.126  Administrative hearing; burden of proof; proof of
772	entitlement; venue.--
773	(1)  Any person aggrieved by a decision of the department
774	may petition for a hearing as provided in ss. 120.569 and
775	120.57. In any proceeding for determination of a claim to
776	property paid or delivered to the department under this chapter,
777	the burden shall be upon the claimant to establish entitlement
778	to the property by a preponderance of evidence. Having the same
779	name as that reported to the department is not sufficient, in
780	the absence of other evidence, to prove entitlement to unclaimed
781	property.
782	(2)  Unless otherwise agreed by the parties, venue shall be
783	in Tallahassee, Leon County, Florida. However, upon the request
784	of a party, the presiding officer may, in the presiding
785	officer's discretion, conduct the hearing at an alternative
786	remote video location.
787	Section 20.  Section 717.1261, Florida Statutes, is created
788	to read:
789	717.1261  Death certificates.--Any person who claims
790	entitlement to unclaimed property by means of the death of one
791	or more persons shall file a copy of the death certificate of
792	the decedent or decedents that has been certified as being
793	authentic by the issuing governmental agency.
794	Section 21.  Section 717.1262, Florida Statutes, is created
795	to read:
796	717.1262  Court documents.--Any person who claims
797	entitlement to unclaimed property by reason of a court document
798	shall file a certified copy of the court document with the
799	department.
800	Section 22.  Subsections (1) and (6) of section 717.1301,
801	Florida Statutes, are amended to read:
802	717.1301  Investigations; examinations; subpoenas.--
803	(1)  The department may make investigations and
804	examinations within or outside this state of claims, reports,
805	and other records within or outside this state as it deems
806	necessary to administer and enforce the provisions of this
807	chapter. In such investigations and examinations the department
808	may administer oaths, examine witnesses, issue subpoenas, and
809	otherwise gather evidence. The department may request any person
810	who has not filed a report under s. 717.117 to file a verified
811	report stating whether or not the person is holding any
812	unclaimed property reportable or deliverable under this chapter.
813	(6)  If an investigation or an examination of the records
814	of any person results in the disclosure of property reportable
815	and deliverable under this chapter, the department may assess
816	the cost of investigation or the examination against the holder
817	at the rate of $100 per 8-hour day for each per investigator or
818	examiner. Such fee shall be calculated on an hourly basis and
819	shall be rounded to the nearest hour. The person shall also pay
820	the travel expense and per diem subsistence allowance provided
821	for state employees in s. 112.061. The person shall not be
822	required to pay a per diem fee and expenses of an examination or
823	investigation which shall consume more than 30 workdays in any
824	one year unless such examination or investigation is due to
825	fraudulent practices of the person, in which case such person
826	shall be required to pay the entire cost regardless of time
827	consumed. The fee shall be remitted to the department within 30
828	days after the date of the notification that the fee is due and
829	owing. Any person who fails to pay the fee within 30 days after
830	the date of the notification that the fee is due and owing shall
831	pay to the department interest at the rate of 12 percent per
832	annum on such fee from the date of the notification.
833	Section 23.  Subsection (2) of section 717.1315, Florida
834	Statutes, is amended to read:
835	717.1315  Retention of records by owner's representative.--
836	(2)  An owner's representative, operating at two or more
837	places of business in this state, may maintain the books,
838	accounts, and records of all such offices at any one of such
839	offices, or at any other office maintained by such owner's
840	representative, upon the filing of a written notice with the
841	department designating in the written notice the office at which
842	such records are maintained.
843	(3)  An However, the owner's representative shall make all
844	books, accounts, and records available at a convenient location
845	in this state upon request of the department.
846	Section 24.  Subsection (2) of section 717.132, Florida
847	Statutes, is amended to read:
848	717.132  Enforcement; cease and desist orders;
849	administrative fines.--
850	(2)  In addition to any other powers conferred upon it to
851	enforce and administer the provisions of this chapter, the
852	department may issue and serve upon a person an order to cease
853	and desist and to take corrective action whenever the department
854	finds that such person is violating, has violated, or is about
855	to violate any provision of this chapter, any rule or order
856	promulgated under this chapter, or any written agreement entered
857	into with the department. For purposes of this subsection, the
858	term "corrective action" includes refunding excessive charges,
859	requiring a person to return unclaimed property, requiring a
860	holder to remit unclaimed property, and requiring a holder to
861	correct a report that contains errors or omissions. Any such
862	order shall contain a notice of rights provided by ss. 120.569
863	and 120.57.
864	Section 25.  Section 717.1322, Florida Statutes, is created
865	to read:
866	717.1322  Administrative enforcement.--
867	(1)  The following acts are violations of this chapter and
868	constitute grounds for an administrative enforcement action by
869	the department in accordance with chapter 120:
870	(a)  Failure to comply with any provision of this chapter,
871	any rule or order adopted pursuant to this chapter, or any
872	written agreement entered into with the department.
873	(b)  Fraud, misrepresentation, deceit, or gross negligence
874	in any matter within the scope of this chapter.
875	(c)  Fraudulent misrepresentation, circumvention, or
876	concealment of any matter required to be stated or furnished to
877	an owner or apparent owner pursuant to this chapter, regardless
878	of reliance by or damage to the owner or apparent owner.
879	(d)  Willful imposition of illegal or excessive charges in
880	any unclaimed property transaction.
881	(e)  False, deceptive, or misleading solicitation or
882	advertising within the scope of this chapter.
883	(f)  Failure to maintain, preserve, and keep available for
884	examination all books, accounts, or other documents required by
885	this chapter, by any rule or order adopted pursuant to this
886	chapter, or by any agreement entered into with the department
887	pursuant to this chapter.
888	(g)  Refusal to permit inspection of books and records in
889	an investigation or examination by the department or refusal to
890	comply with a subpoena issued by the department pursuant to this
891	chapter.
892	(h)  Criminal conduct in the course of a person's business.
893	(i)  Failure to timely pay any fee, charge, or fine imposed
894	or assessed pursuant to this chapter or any rule adopted
895	pursuant to this chapter.
896	(j)  For compensation or gain or in the expectation of
897	compensation or gain, filing a claim for unclaimed property
898	owned by another unless such person is a registered attorney
899	licensed to practice law in this state, a registered Florida-
900	certified public accountant, or a registered private
901	investigator licensed under chapter 493. This subsection shall
902	not apply to a person who has been granted a durable power of
903	attorney to convey and receive all of the real and personal
904	property of the owner, is the court-appointed guardian of the
905	owner, has been employed as an attorney or qualified
906	representative to contest the department's denial of a claim, or
907	has been employed as an attorney to probate the estate of the
908	owner.
909	(k)  Failing to authorize the release of records in the
910	possession of a third party after being requested to do so by
911	the department regarding a pending examination or investigation.
912	(l)  Receiving or soliciting consideration to be paid in
913	advance of the approval of a claim under this chapter.
914	(2)  Upon a finding by the department that any person has
915	committed any of the acts set forth in subsection (1), the
916	department may enter an order:
917	(a)  Revoking or suspending a registration previously
918	granted pursuant to this chapter;
919	(b)  Placing a registrant or an applicant for a
920	registration on probation for a period of time and subject to
921	such conditions as the department may specify;
922	(c)  Placing permanent restrictions or conditions upon
923	issuance or maintenance of a registration pursuant to this
924	chapter;
925	(d)  Issuing a reprimand;
926	(e)  Imposing an administrative fine not to exceed $2,000
927	for each such act; or
928	(f)  Prohibiting any person from being an agent, employee,
929	or ultimate equitable owner of a 10-percent or greater interest
930	of an employer of a registrant.
931	(3)  A registrant is subject to the administrative
932	enforcement actions specified in subsection (2) for violations
933	of subsection (1) by an agent or employee of the registrant's
934	employer if the registrant knew or should have known that such
935	agent or employee was violating any provision of this chapter.
936	(4)(a)  The department shall adopt by rule and periodically
937	review the disciplinary guidelines applicable to each ground for
938	administrative enforcement action which may be imposed by the
939	department pursuant to this chapter.
940	(b)  The disciplinary guidelines shall specify a meaningful
941	range of designated penalties based upon the severity or
942	repetition of specific offenses, or both, the legislative intent
943	being that minor violations be distinguished from more serious
944	violations; that such guidelines consider the amount of the
945	claim involved, the complexity of locating the owner, the steps
946	taken to ensure the accuracy of the claim by the person filing
947	the claim, the acts of commission and omission of the ultimate
948	owner in establishing himself or herself as rightful owner of
949	the funds, the acts of commission or omission of the agent or
950	employee of an employer in the filing of the claim, the actual
951	knowledge of the agent, employee, employer, or owner in the
952	filing of the claim, the departure, if any, by the agent or
953	employee from the internal controls and procedures established
954	by the employer with regard to the filing of a claim, the number
955	of defective claims previously filed by the agent, employee,
956	employer or owner; that such guidelines provide reasonable and
957	meaningful notice of likely penalties which may be imposed for
958	proscribed conduct; and that such penalties be consistently
959	applied by the department.
960	(c)  A specific finding of mitigating or aggravating
961	circumstances shall allow the department to impose a penalty
962	other than that provided for in such guidelines. The department
963	shall adopt by rule disciplinary guidelines to designate
964	possible mitigating and aggravating circumstances and the
965	variation and range of penalties permitted for such
966	circumstances. Such mitigating and aggravating circumstances
967	shall also provide for consideration of, and be consistent with,
968	the legislative intent expressed in paragraph (b).
969	(d)  In any proceeding brought pursuant to the provisions
970	of this chapter, the administrative law judge, in recommending
971	penalties in any recommended order, must follow the penalty
972	guidelines established by the department and must state in
973	writing any mitigating or aggravating circumstances upon which
974	the recommended penalty is based.
975	(5)  The department may seek any appropriate civil legal
976	remedy available to the department by filing a civil action in a
977	court of competent jurisdiction against any person who has,
978	directly or through an owner's representative, wrongfully
979	submitted a claim as the ultimate owner of property and
980	improperly received funds from the department in violation of
981	any of the parts of this chapter.
982	Section 26.  Section 717.1331, Florida Statutes, is created
983	to read:
984	717.1331  Actions against holders.--The department may
985	initiate, or cause to be initiated, an action against a holder
986	to recover unclaimed property. If the department prevails in a
987	civil or administrative action to recover unclaimed property
988	initiated by or on behalf of the department, the holder shall be
989	ordered to pay the department reasonable costs and attorney's
990	fees.
991	Section 27.  Section 717.1333, Florida Statutes, is created
992	to read:
993	717.1333  Evidence; audit reports; examiner's worksheets,
994	investigative reports, and other related documents.--In any
995	proceeding under s. 120.569 or s. 120.57 in which an auditor,
996	examiner, or investigator acting under authority of this chapter
997	is available for cross-examination, any official written report,
998	worksheet, or other related paper, or copy thereof, compiled,
999	prepared, drafted, or otherwise made or received by the auditor,
1000	examiner, or investigator, after being duly authenticated by the
1001	auditor, examiner, or investigator, may be admitted as competent
1002	evidence upon the oath of the auditor, examiner, or investigator
1003	that the report, worksheet, or related paper was prepared or
1004	received as a result of an audit, examination, or investigation
1005	of the books and records of the person audited, examined, or
1006	investigated, or the agent thereof.
1007	Section 28.  Subsection (5) is added to section 717.134,
1008	Florida Statutes, to read:
1009	717.134  Penalties and interest.--
1010	(5)  The department may impose and collect a penalty of
1011	$500 per day up to a maximum of $5,000 and 25 percent of the
1012	value of property willfully not reported with all of the
1013	information required by this chapter. Upon a holder's showing of
1014	good cause, the department may waive the penalty or any portion
1015	thereof. If the holder acted in good faith and without
1016	negligence, the department shall waive the penalty provided
1017	herein.
1018	Section 29.  Section 717.1341, Florida Statutes, is created
1019	to read:
1020	717.1341  Invalid claims, recovery of property, interest
1021	and penalties.--
1022	(1)(a)  No person shall receive unclaimed property that the
1023	person is not entitled to receive. Any person who receives, or
1024	assists another person to receive, unclaimed property that the
1025	person is not entitled to receive is strictly, jointly,
1026	personally, and severally liable for the unclaimed property and
1027	shall immediately return the property, or the reasonable value
1028	of the property if the property has been damaged or disposed of,
1029	to the department plus interest at the rate set annually in
1030	accordance with s. 55.03(1). Assisting another person to receive
1031	unclaimed property includes executing a claim form on the
1032	person's behalf.
1033	(b)1.  In the case of stocks or bonds which have been sold,
1034	the proceeds from the sale shall be returned to the department
1035	plus any dividends or interest received thereon plus an amount
1036	equal to the brokerage fee plus interest at the rate set
1037	annually in accordance with s. 55.03(1) on the proceeds from the
1038	sale of the stocks or bonds, the dividends or interest received,
1039	and the brokerage fee.
1040	2.  In the case of stocks or bonds which have not been
1041	sold, the stocks or bonds and any dividends or interest received
1042	thereon shall be returned to the department, together with
1043	interest on the dividends or interest received, at the rate set
1044	annually in accordance with s. 55.03(1) of the value of the
1045	property.
1046	(2)  The department may maintain a civil or administrative
1047	action:
1048	(a)  To recover unclaimed property that was paid or
1049	remitted to a person who was not entitled to the unclaimed
1050	property or to offset amounts owed to the department against
1051	amounts owed to an owner representative;
1052	(b)  Against a person who assists another person in
1053	receiving, or attempting to receive, unclaimed property that the
1054	person is not entitled to receive; or
1055	(c)  Against a person who attempts to receive unclaimed
1056	property that the person is not entitled to receive.
1057	(3)  If the department prevails in any proceeding under
1058	subsection (2), a fine not to exceed three times the value of
1059	the property received or sought to be received may be imposed on
1060	any person who knowingly, or with reckless disregard or
1061	deliberate ignorance of the truth, violated this section. If the
1062	department prevails in a civil or administrative proceeding
1063	under subsection (2), the person who violated subsection (1)
1064	shall be ordered to pay the department reasonable costs and
1065	attorney's fees.
1066	(4)  No person shall knowingly file, knowingly conspire to
1067	file, or knowingly assist in filing, a claim for unclaimed
1068	property the person is not entitled to receive. Any person who
1069	violates this subsection regarding unclaimed property of an
1070	aggregate value:
1071	(a)  Greater than $50,000, commits a felony of the first
1072	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1073	775.084;
1074	(b)  Greater than $10,000 up to $50,000, commits a felony
1075	of the second degree, punishable as provided in s. 775.082, s.
1076	775.083, or s. 775.084;
1077	(c)  Greater than $250 up to $10,000, commits a felony of
1078	the third degree, punishable as provided in s. 775.082, s.
1079	775.083, or s. 775.084;
1080	(d)  Greater than $50 up to $250, commits a misdemeanor of
1081	the first degree, punishable as provided in s. 775.082 or s.
1082	775.083; or
1083	(e)  Up to $50, commits a misdemeanor of the second degree,
1084	punishable as provided in s. 775.082 or s. 775.083.
1085	Section 30.  Section 717.135, Florida Statutes, is amended
1086	to read:
1087	717.135  Agreement to recover locate reported property in
1088	the custody of the department.--
1089	(1)  All agreements between a claimant's an owner's
1090	representative and a claimant an owner for compensation to
1091	recover or assist in the recovery of property reported to the
1092	department under s. 717.117 shall be in 11-point type or greater
1093	and either:
1094	(a)  Limit the fees and costs for services for each owner
1095	contract to $25 for all contracts relating to unclaimed property
1096	with a dollar value below $250. For all contracts relating to
1097	unclaimed property with a dollar value of $250 and above, fees
1098	shall be limited to 20 15 percent per unclaimed on property
1099	account held by the department for 24 months or less and 25
1100	percent on property held by the department for more than 24
1101	months. Fees and costs for cash accounts shall be based on the
1102	value of the property at the time the agreement for recovery is
1103	signed by the claimant apparent owner. Fees and costs for
1104	accounts containing securities or other intangible ownership
1105	interests, which securities or interests are not converted to
1106	cash, shall be based on the purchase price of the security as
1107	quoted on a national exchange or other market on which the
1108	property ownership interest is regularly traded at the time the
1109	securities or other ownership interest is remitted to the
1110	claimant owner or the claimant's owner's representative. Fees
1111	and costs for tangible property or safe-deposit box accounts
1112	shall be based on the value of the tangible property or contents
1113	of the safe-deposit box at the time the ownership interest is
1114	transferred or remitted to the claimant owner or the owner's
1115	representative; or
1116	(b)  Disclose, on such form as the department shall
1117	prescribe by rule, that the property is held by the Bureau of
1118	Unclaimed Property of the Department of Financial Services
1119	pursuant to this chapter, the person or name of the entity that
1120	held the property prior to the property becoming unclaimed, the
1121	date of the holder's last contact with the owner, if known, and
1122	the approximate value of the property, and identify which of the
1123	following categories of unclaimed property the owner's
1124	representative is seeking to recover, as reported by the holder:
1125	1.  Cash accounts.
1126	2.  Stale dated checks.
1127	3.  Life insurance or annuity contract assets.
1128	4.  Utility deposits.
1129	5.  Securities or other interests in business associations.
1130	6.  Wages.
1131	7.  Accounts receivable.
1132	8.  Contents of safe-deposit boxes.
1133
1134	Such disclosure shall be on a page signed and dated by the
1135	person asserting entitlement to the unclaimed property. However,
1136	paragraph (a) or paragraph (b) this section shall not apply if
1137	probate proceedings must be initiated on behalf of a claimant
1138	for an estate that has never been probated to contracts made in
1139	connection with guardianship proceedings or the probate of an
1140	estate.
1141	(2)(a)  Agreements for recovery of cash accounts shall
1142	state the value of the unclaimed property, the unclaimed
1143	property account number, and the percentage dollar value of the
1144	unclaimed property account to be paid to the claimant owner and
1145	shall also state the percentage dollar value of compensation to
1146	be paid to the claimant's owner's representative.
1147	(b)  Agreements for recovery of accounts containing
1148	securities, safe-deposit box accounts, other intangible or
1149	tangible ownership interests, or other types of accounts, except
1150	cash accounts, shall state the unclaimed property account
1151	number, the number of shares of stock, if applicable, the
1152	approximate value of the unclaimed property, and the percentage
1153	value of compensation to be paid to the claimant's owner's
1154	representative.
1155	(c)  All disclosures and agreements shall include the name,
1156	address, and professional license number of the claimant's
1157	owner's representative, and, if available, the taxpayer
1158	identification number or social security number, address, and
1159	telephone number of the claimant owner. The original of all such
1160	disclosures and agreements to pay compensation shall be signed
1161	and dated by the claimant owner of the property and shall be
1162	filed by the owner's representative with the claim form.
1163	(d)  All agreements between a claimant's representative and
1164	a claimant, who is a natural person, a trust, or a dissolved
1165	corporation, for compensation to recover or assist in the
1166	recovery of property reported to the department under s. 717.117
1167	must use the following form on 8 1/2-inch by 11-inch paper or on
1168	8 1/2-inch by 14-inch paper with all of the text on one side of
1169	the paper and with the other side of the paper left blank,
1170	except, at the option of the owner representative, the
1171	department disclosure form may be placed on the reverse side of
1172	the agreement. The agreement must be accurately completed and
1173	executed. No other writing or information shall be printed on
1174	the agreement. The title of the agreement shall be in bold 14-
1175	point type and underlined. The rest of the agreement shall be in
1176	10-point type or greater. All unclaimed property accounts
1177	claimed must be identified on the agreement. The agreement must
1178	state:
1179	RECOVERY AGREEMENT
1180
1181	$___________ = APPROXIMATE DOLLAR VALUE OF UNCLAIMED PROPERTY
1182	NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF
1183	APPLICABLE):_______
1184
1185	PROPERTY ACCOUNT
1186	NUMBERS:________________________________________
1187	________________________________________________________________
1188
1189	_____________PERCENT TO BE PAID AS COMPENSATION TO THE
1190	CLAIMANT'S REPRESENTATIVE
1191
1192	$___________= NET AMOUNT TO BE PAID TO CLAIMANT
1193	$___________= AMOUNT TO BE PAID TO CLAIMANT'S REPRESENTATIVE
1194
1195
1196
1197	THIS AGREEMENT is between:
1198
1199	________________________________________________________________
1200	(hereinafter, CLAIMANT)
1201
1202	and_____________________________________________________________
1203	(hereinafter, CLAIMANT'S REPRESENTATIVE)
1204
1205	who agree to the following:
1206	(1)  As consideration for the research efforts in locating
1207	and identifying assets due to the CLAIMANT and for assistance in
1208	procuring payment of the assets to the CLAIMANT, the CLAIMANT
1209	authorizes the government to pay to the CLAIMANT'S
1210	REPRESENTATIVE a fee of__________percent of all assets
1211	recovered. NO FEES ARE TO BE PAID IN ADVANCE.
1212	(2)  I have read this agreement and in consideration
1213	thereof do hereby grant the CLAIMANT'S REPRESENTATIVE a limited
1214	power of attorney to demand, collect, recover, and receive the
1215	above compensation from the government in accordance with this
1216	agreement.
1217	(3)  IT IS HEREBY ACKNOWLEDGED BY ALL PARTIES TO THIS
1218	AGREEMENT THAT UNLESS THESE ASSETS ARE RECOVERED, NO FEES, NO
1219	COSTS, OR NO CHARGES ARE DUE TO THE CLAIMANT'S REPRESENTATIVE,
1220	ITS AGENTS, OR ITS ATTORNEYS, AND THIS AGREEMENT WILL BECOME
1221	NULL AND VOID.
1222
1223	Original Signature of CLAIMANT:________________________________
1224
1225	DATE:______________________
1226
1227	CLAIMANT'S Social Security Number or FEID number:_______________
1228
1229	Make the CLAIMANT'S check payable to:___________________________
1230
1231	Mail check to this address:_____________________________________
1232
1233	________________________________________________________________
1234
1235	The CLAIMANT'S telephone number is:_____________________________
1236
1237	Original Signature of CLAIMANT'S REPRESENTATIVE:________________
1238
1239	FEID Number of CLAIMANT'S REPRESENTATIVE:_______________________
1240
1241	DATE:______________________
1242
1243	Address of CLAIMANT'S REPRESENTATIVE:___________________________
1244
1245	________________________________________________________________
1246
1247	________________________________________________________________
1248
1249	Telephone number of CLAIMANT'S REPRESENTATIVE:__________________
1250
1251	Professional license number of CLAIMANT'S REPRESENTATIVE:_______
1252
1253	(3)  As used in this section, "claimant" means the person
1254	on whose behalf a claim is filed.
1255	(4)  This section does not supersede the licensing
1256	requirements of chapter 493.
1257	Section 31.  Section 717.1351, Florida Statutes, is created
1258	to read:
1259	717.1351  Acquisition of unclaimed property.--
1260	(1)  A person desiring to acquire ownership or entitlement
1261	of property reported to the department under s. 717.117 must be
1262	an attorney licensed to practice law in this state, a licensed
1263	Florida-certified public accountant, a private investigator
1264	licensed under chapter 493, or an employer of a licensed private
1265	investigator which employer possesses a Class "A" license under
1266	chapter 493 and must be registered with the department under
1267	this chapter.
1268	(2)  All contracts to acquire ownership or entitlement of
1269	unclaimed property from the person or persons entitled to the
1270	unclaimed property must be in 10-point type or greater and must:
1271	(a)  Have a purchase price that discounts the value of the
1272	unclaimed property at the time the agreement is executed by the
1273	seller at no greater than 20 percent per account held by the
1274	department; or
1275	(b)  Disclose, on such form as the department shall
1276	prescribe by rule, that the property is held by the Bureau of
1277	Unclaimed Property of the Department of Financial Services
1278	pursuant to this chapter, the person or name of the entity that
1279	held the property prior to the property's becoming unclaimed,
1280	the date of the holder's last contact with the owner, if known,
1281	and the approximate value of the property, and shall identify
1282	which of the following categories of unclaimed property the
1283	buyer is seeking to purchase as reported by the holder:
1284	1.  Cash accounts.
1285	2.  Stale dated checks.
1286	3.  Life insurance or annuity contract assets.
1287	4.  Utility deposits.
1288	5.  Securities or other interests in business associations.
1289	6.  Wages.
1290	7.  Accounts receivable.
1291	8.  Contents of safe-deposit boxes.
1292
1293	Such disclosure shall be on a page signed and dated by the
1294	seller of the unclaimed property.
1295	(3)  The originals of all such disclosures and agreements
1296	to transfer ownership or entitlement to unclaimed property shall
1297	be signed and dated by the seller and shall be filed with the
1298	claim form. The claimant shall provide the department with a
1299	legible copy of a valid driver's license of the seller at the
1300	time the original claim form is filed. If a seller has not been
1301	issued a valid driver's license at the time the original claim
1302	form is filed, the department shall be provided with a legible
1303	copy of a photographic identification of the seller issued by
1304	the United States or a foreign nation, a state or territory of
1305	the United States or foreign nation, or a political subdivision
1306	or agency thereof. If a claim is filed without the required
1307	identification with the original claim form and the original
1308	agreement to acquire ownership or entitlement to the unclaimed
1309	property, the claim is void.
1310	(4)  Any contract to acquire ownership or entitlement of
1311	unclaimed property from the person or persons entitled to the
1312	unclaimed property must provide for the purchase price to be
1313	remitted to the seller or sellers within 10 days after the
1314	execution of the contract by the seller or sellers. The contract
1315	must specify the unclaimed property account number, the value of
1316	the unclaimed property account, and the number of shares of
1317	stock, if applicable. Proof of payment by check must be filed
1318	with the department with the claim.
1319	(5)  All agreements to purchase unclaimed property from an
1320	owner who is a natural person, a trust, or a dissolved
1321	corporation must use the following form on 8 1/2-inch by 11-inch
1322	paper or on 8 1/2-inch by 14-inch paper with all of the text on
1323	one side of the paper and with the other side of the paper left
1324	blank, except that, at the option of the owner representative,
1325	the department disclosure form may be placed on the reverse side
1326	of the agreement. The agreement must be accurately completed and
1327	executed. No other writing or information shall be printed on
1328	the agreement. The title of the agreement shall be in bold 14-
1329	point type and underlined. The rest of the agreement shall be in
1330	10-point type or greater. All unclaimed property accounts to be
1331	purchased must be identified on the agreement. The agreement
1332	must state:
1333	PURCHASE AGREEMENT
1334	$___________ = APPROXIMATE DOLLAR VALUE OF THE UNCLAIMED
1335	PROPERTY
1336	PROPERTY ACCOUNT NUMBER(S):_____________________________________
1337
1338	NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF
1339	APPLICABLE):_______
1340
1341	____________PERCENT OF UNCLAIMED PROPERTY TO BE PAID TO THE
1342	BUYER
1343
1344	$___________= NET AMOUNT TO BE PAID TO OWNER
1345
1346	$___________= AMOUNT TO BE PAID TO BUYER
1347
1348	THIS AGREEMENT is between:______________________________________
1349	(hereinafter, OWNER)
1350
1351	and_________________________________________
1352	(hereinafter, BUYER)
1353
1354	who agree that the OWNER transfers to the BUYER for a purchase
1355	price of $___________all rights to the above identified
1356	unclaimed property accounts.
1357
1358	Original Signature of OWNER:_______________________DATE:________
1359
1360	OWNER'S Social Security Number or FEID number:__________________
1361
1362	Within 10 days after the execution of this Purchase Agreement by
1363	the Owner, Buyer shall remit the OWNER'S check payable to:______
1364
1365	________________________________________________________________
1366
1367	Mail check to this address:_____________________________________
1368	________________________________________________________________
1369
1370	The OWNER'S telephone number is:________________________________
1371
1372	Original Signature of BUYER:____________________________________
1373
1374	FEID Number of BUYER:______________________________DATE:________
1375
1376	Address of BUYER:_______________________________________________
1377	________________________________________________________________
1378
1379	Telephone number of BUYER: _____________________________________
1380
1381	Professional license number of BUYER:___________________________
1382
1383	(6)  This section does not supersede the licensing
1384	requirements of chapter 493.
1385	Section 32.  Section 717.1400, Florida Statutes, is created
1386	to read:
1387	717.1400  Registration.?-
1388	(1)  A private investigator holding a Class "C" individual
1389	license under chapter 493 must register with the department on
1390	such form as the department shall prescribe by rule. To register
1391	with the department, a private investigator must provide:
1392	(a)  A legible copy of the applicant's Class "A" business
1393	license under chapter 493 or that of the applicant's employer
1394	which holds a Class "A" business license under chapter 493.
1395	(b)  A legible copy of the applicant's Class "C" individual
1396	license issued under chapter 493.
1397	(c)  The applicant's business address and telephone number.
1398	(d)  The names of agents or employees, if any, who are
1399	designated to act on behalf of the private investigator together
1400	with a legible copy of the agent's or employee's photo-
1401	identification issued by an agency of the United States or a
1402	state or a political subdivision thereof.
1403	(e)  Sufficient information to enable the department to
1404	disburse funds by electronic funds transfer.
1405	(f)  The tax identification number of the private
1406	investigator's employer which holds a Class "A" business license
1407	under chapter 493 and by whom the agent or employee is employed.
1408	(2)  A Florida-certified public accountant must register
1409	with the department on such form as the department shall
1410	prescribe by rule and must be verified by the applicant. To
1411	register with the department, a Florida-certified public
1412	accountant must provide:
1413	(a)  The applicant's Florida Board of Accountancy number.
1414	(b)  A legible copy of the applicant's current driver's
1415	license showing the full name and current address of such
1416	person. If a current driver's license is not available, another
1417	form of identification showing the full name and current address
1418	of such person or persons shall be filed with the department.
1419	(c)  The applicant's business address and telephone number.
1420	(d)  The names of agents or employees, if any, who are
1421	designated to act on behalf of the Florida-certified public
1422	accountant together with a legible copy of the agent's or
1423	employee's photo-identification issued by an agency of the
1424	United States or a state or a political subdivision thereof.
1425	(e)  Sufficient information to enable the department to
1426	disburse funds by electronic funds transfer.
1427	(f)  The tax identification number of the accountant's
1428	public accounting firm employer.
1429	(3)  An attorney licensed to practice in this state must
1430	register with the department on such form as the department
1431	shall prescribe by rule and must be verified by the applicant.
1432	To register with the department, such attorney must provide:
1433	(a)  The applicant's Florida Bar number.
1434	(b)  A legible copy of the applicant's current driver's
1435	license showing the full name and current address of such
1436	person. If a current driver's license is not available, another
1437	form of identification showing the full name and current address
1438	of such person or persons shall be filed with the department.
1439	(c)  The applicant's business address and telephone number.
1440	(d)  The names of agents or employees, if any, who are
1441	designated to act on behalf of the attorney, together with a
1442	legible copy of the agent's or employee's photo-identification
1443	issued by an agency of the United States or a state or a
1444	political subdivision thereof.
1445	(e)  Sufficient information to enable the department to
1446	disburse funds by electronic funds transfer.
1447	(f)  The tax identification number of the lawyer's law firm
1448	employer.
1449	(4)  Information and documents already on file with the
1450	department prior to the effective date of this provision need
1451	not be resubmitted in order to complete the registration.
1452	(5)  If a material change in the status of a registration
1453	occurs, a registrant must within 30 days provide the department
1454	with the updated documentation and information in writing.
1455	Material changes include, but are not limited to, a designated
1456	agent or employee ceasing to act on behalf of the designating
1457	person, a surrender, suspension, or revocation of a license, or
1458	a license renewal.
1459	(a)  If a designated agent or employee ceases to act on
1460	behalf of the person who has designated the agent or employee to
1461	act on such person's behalf, the designating person must within
1462	30 days inform the Bureau of Unclaimed Property in writing of
1463	the termination of agency or employment.
1464	(b)  If a registrant surrenders the registrant's license or
1465	the license is suspended or revoked, the registrant must within
1466	30 days inform the bureau in writing of the surrender,
1467	suspension, or revocation.
1468	(c)  If a private investigator's Class "C" individual
1469	license under chapter 493, or if a private investigator's
1470	employer's Class "A" business license under chapter 493, is
1471	renewed, the private investigator must provide a copy of the
1472	renewed license to the department within 30 days after the
1473	receipt of the renewed license by the private investigator or
1474	the private investigator's employer.
1475	(6)  No registrant or applicant for registration may have a
1476	name that might lead another person to conclude that the
1477	registrant is affiliated or associated with the United States or
1478	any agency thereof or a state or an agency or political
1479	subdivision of a state. The department shall deny an application
1480	for registration or revoke a registration if the applicant or
1481	registrant has a name that might lead another person to conclude
1482	that the applicant or registrant is affiliated or associated
1483	with the United States or an agency thereof or a state or an
1484	agency or political subdivision of a state. Names that might
1485	lead another person to conclude that the applicant or registrant
1486	is affiliated or associated with the United States or an agency
1487	thereof or a state or an agency or political subdivision of a
1488	state include, but are not limited to, the use of the words
1489	United States, Florida, state, bureau, division, department, or
1490	government.
1491	Section 33.  Subsection (2) of section 212.02, Florida
1492	Statutes, is amended to read:
1493	212.02  Definitions.--The following terms and phrases when
1494	used in this chapter have the meanings ascribed to them in this
1495	section, except where the context clearly indicates a different
1496	meaning:
1497	(2)  "Business" means any activity engaged in by any
1498	person, or caused to be engaged in by him or her, with the
1499	object of private or public gain, benefit, or advantage, either
1500	direct or indirect. Except for the sales of any aircraft, boat,
1501	mobile home, or motor vehicle, the term "business" shall not be
1502	construed in this chapter to include occasional or isolated
1503	sales or transactions involving tangible personal property or
1504	services by a person who does not hold himself or herself out as
1505	engaged in business or sales of unclaimed tangible personal
1506	property under s. 717.122, but includes other charges for the
1507	sale or rental of tangible personal property, sales of services
1508	taxable under this chapter, sales of or charges of admission,
1509	communication services, all rentals and leases of living
1510	quarters, other than low-rent housing operated under chapter
1511	421, sleeping or housekeeping accommodations in hotels,
1512	apartment houses, roominghouses, tourist or trailer camps, and
1513	all rentals of or licenses in real property, other than low-rent
1514	housing operated under chapter 421, all leases or rentals of or
1515	licenses in parking lots or garages for motor vehicles, docking
1516	or storage spaces for boats in boat docks or marinas as defined
1517	in this chapter and made subject to a tax imposed by this
1518	chapter. The term "business" shall not be construed in this
1519	chapter to include the leasing, subleasing, or licensing of real
1520	property by one corporation to another if all of the stock of
1521	both such corporations is owned, directly or through one or more
1522	wholly owned subsidiaries, by a common parent corporation; the
1523	property was in use prior to July 1, 1989, title to the property
1524	was transferred after July 1, 1988, and before July 1, 1989,
1525	between members of an affiliated group, as defined in s. 1504(a)
1526	of the Internal Revenue Code of 1986, which group included both
1527	such corporations and there is no substantial change in the use
1528	of the property following the transfer of title; the leasing,
1529	subleasing, or licensing of the property was required by an
1530	unrelated lender as a condition of providing financing to one or
1531	more members of the affiliated group; and the corporation to
1532	which the property is leased, subleased, or licensed had sales
1533	subject to the tax imposed by this chapter of not less than $667
1534	million during the most recent 12-month period ended June 30.
1535	Any tax on such sales, charges, rentals, admissions, or other
1536	transactions made subject to the tax imposed by this chapter
1537	shall be collected by the state, county, municipality, any
1538	political subdivision, agency, bureau, or department, or other
1539	state or local governmental instrumentality in the same manner
1540	as other dealers, unless specifically exempted by this chapter.
1541	Section 34.  Subsection (4) of section 322.142, Florida
1542	Statutes, is amended to read:
1543	322.142  Color photographic or digital imaged licenses.--
1544	(4)  The department may maintain a film negative or print
1545	file. The department shall maintain a record of the digital
1546	image and signature of the licensees, together with other data
1547	required by the department for identification and retrieval.
1548	Reproductions from the file or digital record shall be made and
1549	issued only for departmental administrative purposes, for the
1550	issuance of duplicate licenses, in response to law enforcement
1551	agency requests, or to the Department of Revenue pursuant to an
1552	interagency agreement to facilitate service of process in Title
1553	IV-D cases, or to the Department of Financial Services pursuant
1554	to an interagency agreement to facilitate the location of owners
1555	of unclaimed property, the validation of unclaimed property
1556	claims, and the identification of fraudulent or false claims,
1557	and are exempt from the provisions of s. 119.07(1).
1558	Section 35.  Paragraph (l) is added to subsection (4) of
1559	section 395.3025, Florida Statutes, and subsection (10) of said
1560	section is amended, to read:
1561	395.3025  Patient and personnel records; copies;
1562	examination.--
1563	(4)  Patient records are confidential and must not be
1564	disclosed without the consent of the person to whom they
1565	pertain, but appropriate disclosure may be made without such
1566	consent to:
1567	(l)  The Department of Financial Services, or an agent,
1568	employee, or independent contractor of the department who is
1569	auditing for unclaimed property pursuant to chapter 717.
1570	(10)  The home addresses, telephone numbers, social
1571	security numbers, and photographs of employees of any licensed
1572	facility who provide direct patient care or security services;
1573	the home addresses, telephone numbers, social security numbers,
1574	photographs, and places of employment of the spouses and
1575	children of such persons; and the names and locations of schools
1576	and day care facilities attended by the children of such persons
1577	are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
1578	I of the State Constitution. However, any state or federal
1579	agency that is authorized to have access to such information by
1580	any provision of law shall be granted such access in the
1581	furtherance of its statutory duties, notwithstanding the
1582	provisions of this subsection. The Department of Financial
1583	Services, or an agent, employee, or independent contractor of
1584	the department who is auditing for unclaimed property pursuant
1585	to chapter 717, shall be granted access to the name, address,
1586	and social security number of any employee owed unclaimed
1587	property. This subsection is subject to the Open Government
1588	Sunset Review Act of 1995 in accordance with s. 119.15, and
1589	shall stand repealed on October 2, 2004, unless reviewed and
1590	saved from repeal through reenactment by the Legislature.
1591	Section 36.  This act shall take effect October 1, 2004.

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