HB 1527

1	A bill to be entitled
2	An act relating to disposition of unclaimed property;
3	amending s. 717.117, F.S.; revising requirements for
4	notifying owners of inactive accounts; amending s.
5	717.119, F.S.; revising provisions for disposal of
6	proceeds of sales of unclaimed firearms or ammunition;
7	amending s. 717.122, F.S.; providing for sale of unclaimed
8	stock or certain equity interest under certain
9	circumstances; amending s. 717.124, F.S.; revising
10	requirements for making unclaimed property claims;
11	amending s. 717.12404, F.S.; revising requirements for
12	making claims on behalf of a business entity or trust;
13	amending s. 717.1241, F.S.; revising requirements and
14	procedures for resolving conflicting claims; amending s.
15	717.1242, F.S.; requiring the ordering of estate or heirs
16	to pay the Department of Financial Services certain costs
17	and fees; amending s. 717.1243, F.S.; revising
18	requirements and procedures for claims by beneficiaries of
19	deceased owners of unclaimed property; creating s.
20	717.1245, F.S.; requiring petitioners for writs of
21	garnishment to pay the department certain costs and fees
22	in certain actions; amending s. 717.1311, F.S.; deleting a
23	provision requiring certain record holders to pay certain
24	estimated amounts relating to insufficient records;
25	amending s. 717.1315, F.S.; revising requirements and
26	procedures for retention of records by an owner's
27	representative; amending s. 717.132, F.S.; providing for
28	imposition of fines by a court instead of the department;
29	amending s. 717.1322, F.S.; providing for civil
30	enforcement by the department of certain violations;
31	revising the departments authority to issue certain
32	registration revocation orders; creating s. 717.1323,
33	F.S.; providing requirements for requesting or printing
34	claim forms; specifying prohibited activities; providing a
35	criminal penalty; amending s. 717.1331, F.S.; authorizing
36	the department to enforce subpoenas; amending s. 717.1333,
37	F.S.; authorizing the estimation of certain amounts due
38	from insufficient records; amending s. 717.1341, F.S.;
39	clarifying a prohibition against filing claims for
40	unclaimed property; amending s. 717.135, F.S.; revising
41	requirements for agreements to recover property;
42	specifying certain activities as not prohibited;
43	prohibiting certain modifications to an agreement;
44	amending s. 717.1351, F.S.; revising requirements for
45	contracts to acquire ownership of or entitlement to
46	property; specifying certain activities as not prohibited;
47	prohibiting certain modifications to an agreement;
48	creating s. 717.1381, F.S.; specifying certain agreements
49	to be void as contrary to public policy; prohibiting
50	entering into such agreements; providing application;
51	amending s. 717.1400, F.S.; revising registration
52	requirements; providing an effective date.
53
54	Be It Enacted by the Legislature of the State of Florida:
55
56	Section 1.  Subsection (4) of section 717.117, Florida
57	Statutes, is amended to read:
58	717.117  Report of unclaimed property.--
59	(4)  Holders of inactive accounts having a value of $50 or
60	more shall use due diligence to locate apparent owners. Not more
61	than 120 days prior to filing the report required by this
62	section, the holder in possession of property presumed unclaimed
63	and subject to custody as unclaimed property under this chapter
64	shall send written notice to the apparent owner at his or her
65	last known address informing him or her that the holder is in
66	possession of property subject to this chapter if the holder has
67	in its records an address for the apparent owner which the
68	holder's records do not disclose to be inaccurate.
69	(a)  When an owner's account becomes inactive, the holder
70	shall conduct at least one search for the apparent owner using
71	due diligence. For purposes of this section, an account is
72	inactive if 2 years have transpired after the last owner-
73	initiated account activity, if 2 years have transpired after the
74	expiration date on the instrument or contract, or if 2 years
75	have transpired since first-class mail has been returned as
76	undeliverable.
77	(b)  Within 180 days after an account becomes inactive, the
78	holder shall conduct a search to locate the apparent owner of
79	the property. The holder may satisfy such requirement by
80	conducting one annual search for the owners of all accounts
81	which have become inactive during the prior year.
82	(c)  Within 30 days after receiving updated address
83	information, the holder shall provide notice by telephone or
84	first-class mail to the current address notifying the apparent
85	owner that the holder is in possession of property which is
86	presumed unclaimed and may be remitted to the department. The
87	notice shall also provide the apparent owner with the address or
88	the telephone number of an office where the apparent owner may
89	claim the property or reestablish the inactive account.
90	(d)  The account shall be presumed unclaimed if the holder
91	is not able to contact the apparent owner by telephone, the
92	first-class mail notice is returned to the holder as
93	undeliverable, or the apparent owner does not contact the holder
94	in response to the first-class mail notice.
95	Section 2.  Paragraph (b) of subsection (5) of section
96	717.119, Florida Statutes, is amended to read:
97	717.119  Payment or delivery of unclaimed property.--
98	(5)  All intangible and tangible property held in a
99	safe-deposit box or any other safekeeping repository reported
100	under s. 717.117 shall not be delivered to the department until
101	120 days after the report due date. The delivery of the
102	property, through the United States mail or any other carrier,
103	shall be insured by the holder at an amount equal to the
104	estimated value of the property. Each package shall be clearly
105	marked on the outside "Deliver Unopened." A holder's safe-
106	deposit box contents shall be delivered to the department in a
107	single shipment. In lieu of a single shipment, holders may
108	provide the department with a single detailed shipping schedule
109	that includes package tracking information for all packages
110	being sent pursuant to this section.
111	(b)  Any firearm or ammunition found in an unclaimed safe-
112	deposit box or any other safekeeping repository shall be
113	delivered by the holder to a law enforcement agency for disposal
114	pursuant to s. 705.103(2)(b)2. with the balance of the proceeds
115	deposited into the State School Fund if the firearm is sold.
116	However, the department is authorized to make a reasonable
117	attempt to ascertain the historical value to collectors of any
118	firearm that has been delivered to the department. Any firearm
119	appearing to have historical value to collectors may be sold by
120	the department pursuant to s. 717.122 to a person having a
121	federal firearms license. Any firearm which is not sold pursuant
122	to s. 717.122 shall be delivered by the department to a law
123	enforcement agency in this state for disposal by sale pursuant
124	to s. 705.103(2)(b)2. with the balance of the proceeds deposited
125	into the State School Fund if the firearm is sold. The
126	department shall not be administratively, civilly, or criminally
127	liable for any firearm delivered by the department to a law
128	enforcement agency in this state for disposal.
129	Section 3.  Section 717.122, Florida Statutes, is amended
130	to read:
131	717.122  Public sale of unclaimed property.--
132	(1)  Except as provided in paragraph subsection (2)(a), the
133	department after the receipt of unclaimed property shall sell it
134	to the highest bidder at public sale on the Internet or at a
135	specified physical location wherever in the judgment of the
136	department the most favorable market for the property involved
137	exists. The department may decline the highest bid and reoffer
138	the property for sale if in the judgment of the department the
139	bid is insufficient. The department shall have the discretion to
140	withhold from sale any unclaimed property that the department
141	deems to be of benefit to the people of the state. If in the
142	judgment of the department the probable cost of sale exceeds the
143	value of the property, it need not be offered for sale and may
144	be disposed of as the department determines appropriate. Any
145	sale at a specified physical location held under this section
146	must be preceded by a single publication of notice, at least 3
147	weeks in advance of sale, in a newspaper of general circulation
148	in the county in which the property is to be sold. The
149	department shall proportionately deduct auction fees,
150	preparation costs, and expenses from the amount posted to the
151	owner's account when safe-deposit box contents are sold. No
152	action or proceeding may be maintained against the department
153	for or on account of any decision to decline the highest bid or
154	withhold any unclaimed property from sale.
155	(2)(a)  Securities listed on an established stock exchange
156	must be sold at prices prevailing at the time of sale on the
157	exchange. Other securities may be sold over the counter at
158	prices prevailing at the time of sale or by any other method the
159	department deems advisable. The department may authorize the
160	agent or broker acting on behalf of the department to deduct
161	fees from the proceeds of these sales at a rate agreed upon in
162	advance by the agent or broker and the department. The
163	department shall reimburse owners accounts for these brokerage
164	fees from the State School Fund unless the securities are sold
165	at the owner's request.
166	(b)(3)  Unless the department deems it to be in the public
167	interest to do otherwise, all securities presumed unclaimed and
168	delivered to the department may be sold upon receipt. Any person
169	making a claim pursuant to this chapter is entitled to receive
170	either the securities delivered to the department by the holder,
171	if they still remain in the hands of the department, or the
172	proceeds received from sale, but no person has any claim under
173	this chapter against the state, the holder, any transfer agent,
174	any registrar, or any other person acting for or on behalf of a
175	holder for any appreciation in the value of the property
176	occurring after delivery by the holder to the state.
177	(c)  Unclaimed stock or other equity interest of business
178	associations that cannot be cancelled and registered in the
179	department's name or that cannot be readily liquidated and
180	converted into the currency of the United States may be sold for
181	the value of the certificate, if any, in accordance with
182	subsection (1) or destroyed in accordance with s. 717.128.
183	(3)(4)  The purchaser of property at any sale conducted by
184	the department pursuant to this chapter is entitled to ownership
185	of the property purchased free from all claims of the owner or
186	previous holder thereof and of all persons claiming through or
187	under them. The department shall execute all documents necessary
188	to complete the transfer of ownership.
189	(4)(5)  The sale of unclaimed tangible personal property is
190	not subject to tax under chapter 212 when such property is sold
191	by or on behalf of the department pursuant to this section.
192	Section 4.  Subsections (1) and (4) of section 717.124,
193	Florida Statutes, are amended to read:
194	717.124  Unclaimed property claims.--
195	(1)  Any person, excluding another state, claiming an
196	interest in any property paid or delivered to the department
197	under this chapter may file with the department a claim on a
198	form prescribed by the department and verified by the claimant
199	or the claimant's representative. The claimant's representative
200	must be an attorney licensed to practice law in this state, a
201	licensed Florida-certified public accountant, or a private
202	investigator licensed under chapter 493. The claimant's
203	representative must be registered with the department under this
204	chapter. The claimant, or the claimant's representative, shall
205	provide the department with a legible copy of a valid driver's
206	license of the claimant at the time the original claim form is
207	filed. If the claimant has not been issued a valid driver's
208	license at the time the original claim form is filed, the
209	department shall be provided with a legible copy of a
210	photographic identification of the claimant issued by the United
211	States or a foreign nation, a state or territory of the United
212	States or a foreign nation, or a political subdivision or agency
213	thereof. In lieu of photographic identification, a notarized
214	sworn statement by the claimant may be provided which affirms
215	the claimant's identity and states the claimant's full name and
216	address. The claimant must produce photographic identification
217	of the claimant issued by the United States or a foreign nation,
218	a state or territory of the United States, or a foreign nation,
219	or a political subdivision or agency thereof, to the notary. The
220	notary shall indicate the notary's full address on the notarized
221	sworn statement. Any claim filed without the required
222	identification or the sworn statement with the original claim
223	form and the original recovery agreement or purchase agreement
224	power of attorney, if applicable, is void. Any claim filed for
225	the unclaimed property of a decedent whose estate has not been
226	probated, whose estate is not subject to a pending probate, or
227	for which s. 717.1243 is not applicable, is void.
228	(a)  Within 90 days after receipt of a claim, the
229	department may return any claim that provides for the receipt of
230	fees and costs greater than that permitted under this chapter or
231	that contains any apparent errors or omissions. The department
232	may also request that the claimant or the claimant's
233	representative provide additional information. The department
234	shall retain a copy or electronic image of the claim.
235	(b)  A claimant or the claimant's representative shall be
236	deemed to have withdrawn a claim if no response to the
237	department's request for additional information is received by
238	the department within 60 days after the notification of any
239	apparent errors or omissions.
240	(c)  Within 90 days after receipt of the claim, or the
241	response of the claimant or the claimant's representative to the
242	department's request for additional information, whichever is
243	later, the department shall determine each claim. Such
244	determination shall contain a notice of rights provided by ss.
245	120.569 and 120.57. The 90-day period shall be extended by 60
246	days if the department has good cause to need additional time or
247	if the unclaimed property:
248	1.  Is owned by a person who has been a debtor in
249	bankruptcy;
250	2.  Was reported with an address outside of the United
251	States;
252	3.  Is being claimed by a person outside of the United
253	States; or
254	4.  Contains documents filed in support of the claim that
255	are not in the English language and have not been accompanied by
256	an English language translation.
257	(d)  The department shall deny any claim under which the
258	claimant's representative has refused to authorize the
259	department to reduce the fees and costs to the maximum permitted
260	under this chapter.
261	(4)(a)  Except as otherwise provided in this chapter, if a
262	claim is determined in favor of the claimant, the department
263	shall deliver or pay over to the claimant the property or the
264	amount the department actually received or the proceeds if it
265	has been sold by the department, together with any additional
266	amount required by s. 717.121.
267	(b)  If an owner authorizes an attorney licensed to
268	practice law in this state, Florida-certified public accountant,
269	or private investigator licensed under chapter 493, and
270	registered with the department under this chapter, to claim the
271	unclaimed property on the owner's behalf, the department is
272	authorized to make distribution of the property or money in
273	accordance with such recovery agreement power of attorney. The
274	original recovery agreement power of attorney must be executed
275	by the owner and must be filed with the department.
276	(c)1.  Payments of approved claims for unclaimed cash
277	accounts shall be made to the owner after deducting any fees and
278	costs authorized pursuant to a written recovery agreement power
279	of attorney. The contents of a safe-deposit box shall be
280	delivered directly to the claimant notwithstanding any agreement
281	to the contrary.
282	2.  Payments of fees and costs authorized pursuant to a
283	written recovery agreement power of attorney for approved claims
284	shall be made or issued to the law firm employer of the
285	designated attorney licensed to practice law in this state, the
286	public accountancy firm employer of the licensed Florida-
287	certified public accountant, or the designated employing private
288	investigative agency licensed by this state. Such payments shall
289	be made by electronic funds transfer and may be made on such
290	periodic schedule as the department may define by rule, provided
291	the payment intervals do not exceed 31 days. Payment made to an
292	attorney licensed in this state, a Florida-certified public
293	accountant, or a private investigator licensed under chapter
294	493, operating individually or as a sole practitioner, shall be
295	to the attorney, certified public accountant, or private
296	investigator.
297	Section 5.  Section 717.12404, Florida Statutes, is amended
298	to read:
299	717.12404  Claims on behalf of a business entity or
300	trust.--
301	(1)(a)  Claims on behalf of an active or dissolved
302	corporation, for which the last annual report is not available
303	from the Department of State through the Internet, must be
304	accompanied by a microfiche copy of the records on file with the
305	Department of State or, if the corporation has not made a
306	corporate filing with the Department of State, the claim must be
307	accompanied by a uniform resource locator for the address of a
308	free Internet site operated by the state of incorporation of the
309	corporation that provides access to the last corporate filing
310	identifying the officers and directors of the corporation. If
311	available, the claim must be accompanied by a printout of the
312	officers and directors from the Department of State's Internet
313	site or the free Internet site operated by the state of
314	incorporation of the corporation. If the free Internet site is
315	not available, the claim must be accompanied by an authenticated
316	copy of the last corporate filing identifying the officers and
317	directors from the appropriate authorized official of the state
318	of incorporation.
319	(b)  A claim on behalf of a corporation must be made by an
320	officer or director identified on the last corporate filing.
321	(2)  Claims on behalf of a dissolved corporation, a
322	business entity other than an active corporation, or a trust
323	must include a legible copy of a valid driver's license of the
324	person acting on behalf of the dissolved corporation, business
325	entity other than an active corporation, or trust. If the person
326	has not been issued a valid driver's license, the department
327	shall be provided with a legible copy of a photographic
328	identification of the person issued by the United States or a
329	foreign nation, or a political subdivision or agency thereof. In
330	lieu of photographic identification, a notarized sworn statement
331	by the person may be provided which affirms the person's
332	identity and states the person's full name and address. The
333	person must produce his or her photographic identification
334	issued by the United States or a foreign nation, a state or
335	territory of the United States, or a foreign nation, or a
336	political subdivision or agency thereof, to the notary. The
337	notary shall indicate the notary's full address on the notarized
338	sworn statement. Any claim filed without the required
339	identification or the sworn statement with the original claim
340	form and the original recovery agreement power of attorney, if
341	applicable, is void.
342	Section 6.  Section 717.1241, Florida Statutes, is amended
343	to read:
344	717.1241  Conflicting claims.--
345	(1)  When conflicting claims have been received by the
346	department for the same unclaimed property account or accounts,
347	the property shall be remitted in accordance with the claim
348	filed by the person as follows, notwithstanding the withdrawal
349	of a claim:
350	(a)  As between an owner and an owner's representative:
351	1.  To the person submitting the first claim received by
352	the bureau of unclaimed property of the department that is
353	complete or made complete.; or
354	(b)2.  To the claimant if a claimant's an owner's claim and
355	a claimant's an owner's representative's claim are received by
356	the bureau of unclaimed property of the department on the same
357	day and both claims are complete, to the owner.;
358	(c)  To the buyer if a buyer's claim and a claimant's claim
359	or a claimant's representative's claim are received by the bureau
360	of unclaimed property of the department on the same day and the
361	claims are complete.
362	(b)  As between two or more owner's representatives, to the
363	owner's representative who has submitted the first claim that is
364	complete or made complete; or
365	(d)(c)  To the claimant's representative who has agreed to
366	receive the lowest fee as between two or more claimant's
367	representatives' claims received by the bureau of unclaimed
368	property of the department that are complete or made owner's
369	representatives whose claims were complete on the same day, to
370	the owner's representative who has agreed to receive the lowest
371	fee. If the two or more claimant's owner's representatives whose
372	claims received by the bureau of unclaimed property of the
373	department were complete or made complete on the same day are
374	charging the same lowest fee, the fee fees shall be divided
375	equally between the claimant's owner's representatives.
376
377	If more than one buyer's claim received by the Bureau of
378	Unclaimed Property of the department is complete or made compete
379	on the same day, the department shall remit the unclaimed
380	property to the buyer who paid the highest amount to the seller.
381	If the buyers paid the same amount to the seller, the department
382	shall remit the unclaimed property to the buyers divided in
383	equal amounts.
384	(2)  The purpose of this section is solely to provide
385	guidance to the department regarding to whom it should remit the
386	unclaimed property and is not intended to extinguish or affect
387	any private cause of action that any person may have against
388	another person for breach of contract or other statutory or
389	common-law remedy. A buyer's sole remedy, if any, shall be
390	against the claimant's representative or the seller, or both. A
391	claimant's representative's sole remedy, if any, shall be
392	against the buyer or the seller, or both. A claimant's or
393	seller's sole remedy, if any, shall be against the buyer or the
394	claimant's representative, or both.
395	(3)  A claim is complete when entitlement to the unclaimed
396	property has been established.
397	Section 7.  Subsection (2) of section 717.1242, Florida
398	Statutes, is amended to read:
399	717.1242  Restatement of jurisdiction of the circuit court
400	sitting in probate and the department.--
401	(2)  Should any estate or heir of an estate seek to obtain
402	or obtain an order from a circuit court sitting in probate
403	directing the department to pay or deliver to any person
404	property paid or delivered to the department under this chapter,
405	the estate or heir shall may be ordered to pay the department
406	reasonable costs and attorney's fees in any proceeding brought
407	by the department to oppose, appeal, or collaterally attack the
408	order.
409	Section 8.  Subsection (1) of section 717.1243, Florida
410	Statutes, is amended, and subsection (5) is added to said
411	section, to read:
412	717.1243  Small estate accounts.--
413	(1)  A claim for unclaimed property made by a beneficiary,
414	as defined in s. 731.201, of a deceased owner need not be
415	accompanied by an order of a probate court if the claimant files
416	with the department an affidavit, signed by all beneficiaries,
417	stating that all the beneficiaries have amicably agreed among
418	themselves upon a division of the estate and that all funeral
419	expenses, expenses of the last illness, and any other lawful
420	claims have been paid, and any additional information reasonably
421	necessary to make a determination of entitlement. If the owner
422	died testate, the claim shall be accompanied by a copy of the
423	will.
424	(5)  Nothing in this section shall be interpreted as
425	foreclosing the use of live testimony in order to establish
426	entitlement.
427	Section 9.  Section 717.1245, Florida Statutes, is created
428	to read:
429	717.1245  Garnishment of unclaimed property.--If any person
430	files a petition for writ of garnishment seeking to obtain
431	property paid or delivered to the department under this chapter,
432	the petitioner shall be ordered to pay the department reasonable
433	costs and attorney's fees in any proceeding brought by the
434	department to oppose, appeal, or collaterally attack the
435	petition or writ.
436	Section 10.  Subsection (3) of section 717.1311, Florida
437	Statutes, is amended to read:
438	717.1311  Retention of records.--
439	(3)  If a holder fails to maintain the records required by
440	this section and the records of the holder which are available
441	for the periods subject to this chapter are insufficient to
442	permit the preparation of a report, the holder shall be required
443	to report and pay such amounts as may reasonably be estimated
444	from any available records.
445	Section 11.  Section 717.1315, Florida Statutes, is amended
446	to read:
447	717.1315  Retention of records by owner's representative.--
448	(1)  Every claimant's owner's representative and buyer of
449	unclaimed property shall keep and use in his or her business
450	such books, accounts, and records of the business conducted
451	under this chapter to enable the department to determine whether
452	such person owner's representative is complying with this
453	chapter and the rules adopted by the department under this
454	chapter. Every claimant's owner's representative and buyer of
455	unclaimed property shall preserve such books, accounts, and
456	records, including every agreement between the owner and such
457	claimant's owner's representative or buyer, for at least 3 years
458	after the date of the initial agreement.
459	(2)  A claimant's An owner's representative or buyer of
460	unclaimed property, operating at two or more places of business
461	in this state, may maintain the books, accounts, and records of
462	all such offices at any one of such offices, or at any other
463	office maintained by such claimant's owner's representative or
464	buyer of unclaimed property, upon the filing of a written notice
465	with the department designating in the written notice the office
466	at which such records are maintained.
467	(3)  A claimant's An owner's representative or buyer of
468	unclaimed property shall make all books, accounts, and records
469	available at a convenient location in this state upon request of
470	the department.
471	Section 12.  Subsection (3) of section 717.132, Florida
472	Statutes, is amended to read:
473	717.132  Enforcement; cease and desist orders;
474	administrative fines.--
475	(3)  In addition to any other powers conferred upon it to
476	enforce and administer the provisions of this chapter, the
477	department or a court of competent jurisdiction may impose fines
478	and collect an administrative fine against any person found to
479	have violated any provision of this chapter, any rule or order
480	promulgated under this chapter, or any written agreement entered
481	into with the department in an amount not to exceed $2,000 for
482	each violation. All fines collected under this subsection shall
483	be deposited as received in the Unclaimed Property Trust Fund.
484	Section 13.  Subsection (1), paragraph (a) of subsection
485	(2), and subsections (3) and (5) of section 717.1322, Florida
486	Statutes, are amended to read:
487	717.1322  Administrative and civil enforcement.--
488	(1)  The following acts are violations of this chapter and
489	constitute grounds for an administrative enforcement action by
490	the department in accordance with the requirements of chapter
491	120 and for civil enforcement by the department in a court of
492	competent jurisdiction:
493	(a)  Failure to comply with any provision of this chapter,
494	any rule or order adopted under this chapter, or any written
495	agreement entered into with the department.
496	(b)  Fraud, misrepresentation, deceit, or gross negligence
497	in any matter within the scope of this chapter.
498	(c)  Fraudulent misrepresentation, circumvention, or
499	concealment of any matter required to be stated or furnished to
500	an owner or apparent owner under this chapter, regardless of
501	reliance by or damage to the owner or apparent owner.
502	(d)  Willful imposition of illegal or excessive charges in
503	any unclaimed property transaction.
504	(e)  False, deceptive, or misleading solicitation or
505	advertising within the scope of this chapter.
506	(f)  Failure to maintain, preserve, and keep available for
507	examination all books, accounts, or other documents required by
508	this chapter, by any rule or order adopted under this chapter,
509	or by any agreement entered into with the department under this
510	chapter.
511	(g)  Refusal to permit inspection of books and records in
512	an investigation or examination by the department or refusal to
513	comply with a subpoena issued by the department under this
514	chapter.
515	(h)  Criminal conduct in the course of a person's business.
516	(i)  Failure to timely pay any fine imposed or assessed
517	under this chapter or any rule adopted under this chapter.
518	(j)  For compensation or gain or in the expectation of
519	compensation or gain, directly or indirectly, enter into, offer
520	to enter into, or make a solicitation to enter into, a contract
521	or agreement to purchase unclaimed property or to file or assist
522	in the filing of a claim for unclaimed property owned by
523	another, unless such person is an a registered attorney licensed
524	to practice law in this state and registered with the
525	department, a registered public accountant certified in this
526	state and registered with the department, or a registered
527	private investigator licensed under chapter 493 and registered
528	with the department. This subsection does not apply to a person
529	who has been granted a durable power of attorney to convey and
530	receive all of the real and personal property of the owner, is
531	the court-appointed guardian of the owner, has been employed as
532	an attorney or qualified representative to contest the
533	department's denial of a claim, has been employed as an attorney
534	or qualified representative to contest the department's denial
535	of a claim, or has been employed as an attorney to probate the
536	estate of the owner or an heir or legatee of the owner.
537	(k)  Failure to authorize the release of records in the
538	possession of a third party after being requested to do so by
539	the department regarding a pending examination or investigation.
540	(l)  Receipt or solicitation of consideration to be paid in
541	advance of the approval of a claim under this chapter.
542	(2)  Upon a finding by the department that any person has
543	committed any of the acts set forth in subsection (1), the
544	department may enter an order:
545	(a)  Revoking for a minimum 5-year period or suspending for
546	a period of up to 5 years a registration previously granted
547	under this chapter during which periods the registrant may not
548	reapply for a registration under this chapter;
549	(3)  A registrant is subject to civil enforcement and the
550	disciplinary actions specified in subsection (2) for violations
551	of subsection (1) by an agent or employee of the registrant's
552	employer if the registrant knew or should have known that such
553	agent or employee was violating any provision of this chapter.
554	(5)  The department may seek any appropriate civil legal
555	remedy available to it by filing a civil action in a court of
556	competent jurisdiction against any person who has, directly or
557	through a claimant's an owner's representative, wrongfully
558	submitted a claim as the ultimate owner of property and
559	improperly received funds from the department in violation of
560	this chapter.
561	Section 14.  Section 717.1323, Florida Statutes, is created
562	to read:
563	717.1323  Prohibited practices; claim form requests through
564	the Internet or from the department; unregistered activities
565	pertaining to unclaimed property and property subject to a
566	running dormancy period; criminal penalties.--
567	(1)  No person shall request a claim form from the
568	department or print a claim form from the department's Internet
569	site unless such person:
570	(a)  Is, or has a good faith belief that such person is,
571	the owner of the unclaimed property, an heir or legatee of the
572	owner, an officer or director of the corporate owner, the
573	trustee of the trust owner, a former officer, director, or
574	shareholder of the dissolved corporate owner, has been appointed
575	by a court of competent jurisdiction to represent the owner of
576	the unclaimed property; or
577	(b)  Is registered with the department as an claimant's
578	representative and has an agreement to represent or purchase the
579	unclaimed property from a person the registrant believes to be
580	entitled to the unclaimed property.
581	(2)(a)  No person may, directly or indirectly:
582	1.  Enter or offer to enter into a contract or agreement to
583	purchase unclaimed property which has not yet been reported to
584	the department but which is subject to a running dormancy
585	period;
586	2.  Receive a fee for locating the owner of an unclaimed
587	property account which has not yet been reported to the
588	department but which is subject to a running dormancy period
589	unless such fee is paid by the holder and not deducted from the
590	unclaimed property or charged to the owner;
591	3.  Receive a fee for notifying the owner of such person's
592	unclaimed property account which has not yet been reported to
593	the department but which is subject to a running dormancy period
594	unless such fee is paid by the holder and not deducted from the
595	unclaimed property or charged to the owner; or
596	4.  Receive a fee from an unclaimed property owner for
597	recovering unclaimed property which has not yet been reported to
598	the department but which is subject to a running dormancy
599	period.
600	(b)  No person may solicit or request to receive
601	compensation for notifying a person of the person's unclaimed
602	property unless such person is registered pursuant to this
603	chapter.
604	(c)  Any person who willfully and knowingly violates this
605	subsection commits a felony of the third degree, punishable as
606	provided in s. 775.082, s. 775.083, or s. 775.084.
607	Section 15.  Section 717.1331, Florida Statutes, is amended
608	to read:
609	717.1331  Actions against holders.--The department may
610	initiate, or cause to be initiated, an action against a holder
611	to enforce a subpoena or recover unclaimed property. If the
612	department prevails in a civil or administrative action to
613	enforce a subpoena or recover unclaimed property initiated by or
614	on behalf of the department, the holder shall be ordered to pay
615	the department reasonable costs and attorney's fees.
616	Section 16.  Section 717.1333, Florida Statutes, is amended
617	to read:
618	717.1333  Evidence; estimations; audit reports, examiner's
619	worksheets, investigative reports, other related documents.--
620	(1)  In any proceeding involving a holder under ss. 120.569
621	and 120.57 in which an auditor, examiner, or investigator acting
622	under authority of this chapter is available for cross-
623	examination, any official written report, worksheet, or other
624	related paper, or copy thereof, compiled, prepared, drafted, or
625	otherwise made or received by the auditor, examiner, or
626	investigator, after being duly authenticated by the auditor,
627	examiner, or investigator, may be admitted as competent evidence
628	upon the oath of the auditor, examiner, or investigator that the
629	report, worksheet, or related paper was prepared or received as
630	a result of an audit, examination, or investigation of the books
631	and records of the person audited, examined, or investigated, or
632	the agent thereof.
633	(2)  If the records of the holder that are available for
634	the periods subject to this chapter are insufficient to permit
635	the preparation of a report of the unclaimed property due and
636	owing by a holder, the amount due may be reasonably estimated.
637	Section 17.  Subsection (4) of section 717.1341, Florida
638	Statutes, is amended to read:
639	717.1341  Invalid claims, recovery of property, interest
640	and penalties.--
641	(4)  No person shall knowingly file, knowingly cause to be
642	filed, knowingly conspire to file, or knowingly assist in
643	filing, a claim or initiate any proceeding for unclaimed
644	property the person is not entitled to receive. Any person who
645	violates this subsection regarding unclaimed property of an
646	aggregate value:
647	(a)  Greater than $50,000, commits is guilty of a felony of
648	the first degree, punishable as provided in s. 775.082, s.
649	775.083, or s. 775.084;
650	(b)  Greater than $10,000 up to $50,000, commits is guilty
651	of a felony of the second degree, punishable as provided in s.
652	775.082, s. 775.083, or s. 775.084;
653	(c)  Greater than $250 up to $10,000, commits is guilty of
654	a felony of the third degree, punishable as provided in s.
655	775.082, s. 775.083, or s. 775.084;
656	(d)  Greater than $50 up to $250, commits is guilty of a
657	misdemeanor of the first degree, punishable as provided in s.
658	775.082 or s. 775.083; or
659	(e)  Up to $50, commits is guilty of a misdemeanor of the
660	second degree, punishable as provided in s. 775.082 or s.
661	775.083.
662	Section 18.  Section 717.135, Florida Statutes, is amended
663	to read:
664	717.135  Agreement to recover reported property in the
665	custody of the department.--
666	(1)  All agreements between a claimant's representative and
667	a claimant for compensation to recover or assist in the recovery
668	of property reported to the department under s. 717.117 shall be
669	in 10-point 11-point type or greater and:
670	(a)  Limit the fees and costs for services to 20 percent
671	per unclaimed property account held by the department. Fees and
672	costs for cash accounts shall be based on the value of the
673	property at the time the agreement for recovery is signed by the
674	claimant. Fees and costs for accounts containing securities or
675	other intangible ownership interests, which securities or
676	interests are not converted to cash, shall be based on the
677	purchase price of the security as quoted on a national exchange
678	or other market on which the property is regularly traded at the
679	time the securities or other ownership interest is remitted to
680	the claimant or the claimant's representative. Fees and costs
681	for tangible property or safe-deposit box accounts shall be
682	based on the value of the tangible property or contents of the
683	safe-deposit box at the time the ownership interest is
684	transferred or remitted to the claimant; or
685	(b)  Fully disclose, on such form as the department shall
686	prescribe by rule, that the property is held by the Bureau of
687	Unclaimed Property of the Department of Financial Services
688	pursuant to this chapter, the physical and mailing address of
689	the bureau, telephone number of the bureau, the Internet address
690	of the bureau, the person or name of the entity that held the
691	property prior to the property becoming unclaimed, the date of
692	the holder's last contact with the owner, if known, and the
693	approximate value of the property, and identify which of the
694	following categories of unclaimed property the claimant's
695	owner's representative is seeking to recover, as reported by the
696	holder:
697	1.  Cash accounts.
698	2.  Stale dated checks.
699	3.  Life insurance or annuity contract assets.
700	4.  Utility deposits.
701	5.  Securities or other interests in business associations.
702	6.  Wages.
703	7.  Accounts receivable.
704	8.  Contents of safe-deposit boxes.
705
706	Such disclosure must shall be on a page signed and dated by the
707	person asserting entitlement to the unclaimed property on the
708	same day that the recovery agreement is signed and dated.
709	However, paragraph (a) or paragraph (b) shall not apply if
710	probate proceedings must be initiated on behalf of the claimant
711	for an estate that has never been probated.
712	(2)(a)  Agreements for recovery of cash accounts shall
713	state the value of the unclaimed property, the unclaimed
714	property account number, and the percentage value of the
715	unclaimed property account to be paid to the claimant and shall
716	also state the percentage value of compensation to be paid to
717	the claimant's representative.
718	(b)  Agreements for recovery of accounts containing
719	securities, safe-deposit box accounts, other intangible or
720	tangible ownership interests, or other types of accounts, except
721	cash accounts, shall state the unclaimed property account
722	number, the number of shares of stock, if applicable, the
723	approximate value of the unclaimed property, and the percentage
724	value of compensation to be paid to the claimant's
725	representative.
726	(c)  All disclosures and agreements shall include the name,
727	address, and professional license number of the claimant's
728	representative, and, if available, the taxpayer identification
729	number or social security number, address, and telephone number
730	of the claimant. The original of all such disclosures and
731	agreements to pay compensation shall be signed and dated by the
732	claimant of the property and shall be filed with the claim form.
733	(d)  All agreements between a claimant's representative and
734	a claimant, who is a natural person, trust, or a dissolved
735	corporation, for compensation to recover or assist in the
736	recovery of property reported to the department under s. 717.117
737	must use the following form on 8 and 1/2-inch by 11-inch paper
738	or on 8 and 1/2-inch by 14-inch paper with all of the text on
739	one side of the paper and with the other side of the paper left
740	blank; except that, at the option of the owner representative,
741	the department disclosure form may be placed on the reverse side
742	of the agreement. The agreement must be accurately completed and
743	executed. Except as provided in this section, no other writing
744	or information shall be printed on the agreement. The title of
745	the agreement shall be in bold 14-point type and underlined. The
746	rest of the agreement shall be in 10-point type or greater. All
747	unclaimed property accounts claimed must be identified on the
748	agreement. The agreement must state:
749
750	RECOVERY AGREEMENT
751
752	$__________ = APPROXIMATE DOLLAR VALUE OF THE UNCLAIMED PROPERTY
753	NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF
754	APPLICABLE):__________
755	PROPERTY ACCOUNT NUMBERS:__________
756	__________ PERCENT TO BE PAID AS COMPENSATION TO THE CLAIMANT'S
757	REPRESENTATIVE
758	$           = AMOUNT TO BE PAID TO CLAIMANT'S REPRESENTATIVE
759	$__________ = NET AMOUNT TO BE PAID TO CLAIMANT
760	PROPERTY ACCOUNT NUMBERS:_________________
761	$__________ = AMOUNT TO BE PAID TO CLAIMANT'S REPRESENTATIVE
762
763	THIS AGREEMENT is between: _______________ (hereinafter,
764	CLAIMANT) and _______________ (hereinafter, CLAIMANT'S
765	REPRESENTATIVE) who agree to the following:
766
767	(1)  As consideration for the research efforts in locating
768	and identifying assets due to the CLAIMANT and for assistance in
769	procuring payment of the assets to the CLAIMANT, the CLAIMANT
770	authorizes the government to pay to the CLAIMANT'S
771	REPRESENTATIVE a fee of either:
772	(a)  __________ percent of all assets recovered, or
773	(b)  A flat fee of $ __________ to recover the unclaimed
774	property account identified above. The Claimant will not be
775	liable for any additional fees.
776
777	NO FEES ARE TO BE PAID IN ADVANCE.
778
779	(2)  I have read this agreement and in consideration
780	thereof, do hereby grant the CLAIMANT'S REPRESENTATIVE authority
781	a limited power of attorney to demand, collect, recover and
782	receive the above compensation from the government in accordance
783	with this agreement.
784	(3)  IT IS HEREBY ACKNOWLEDGED BY ALL PARTIES TO THIS
785	AGREEMENT THAT UNLESS THESE ASSETS ARE RECOVERED, NO FEES, NO
786	COSTS OR CHARGES ARE DUE TO THE CLAIMANT'S REPRESENTATIVE, ITS
787	AGENTS OR ATTORNEYS, AND THIS AGREEMENT WILL BECOME NULL AND
788	VOID.
789	Original Signature of CLAIMANT:
790	DATE:
791	CLAIMANT'S Social Security Number or FEID number:
792	Make the CLAIMANT'S check payable to:
793	Mail check to this address:
794	The CLAIMANT'S telephone number is:
795	Original Signature of CLAIMANT'S REPRESENTATIVE:
796	FEID Number of CLAIMANT'S REPRESENTATIVE:
797	DATE:
798	Address of CLAIMANT'S REPRESENTATIVE:
799	Telephone number of CLAIMANT'S REPRESENTATIVE:
800	Professional license number of CLAIMANT'S REPRESENTATIVE:
801	(e)  All fees, whether expressed as a percentage or as a
802	flat fee, are subject to the limitations and requirements of
803	subsection (1).
804	(f)  This section does not prohibit the:
805	1.  Use of additional signature lines for more than one
806	claimant.
807	2.  Use of bolding, italics, print of different colors, and
808	text borders as a means of highlighting or stressing certain
809	selected items within the text.
810	3.  Placement of the name of the representative's firm or
811	company in the top margin above the words "RECOVERY AGREEMENT".
812	No additional writing of any kind may be placed in the top
813	margin including, but not limited to, logos, addresses, phone
814	numbers, license numbers, or slogans.
815	4.  Addition of corporate representatives' titles with
816	their names on the agreement or the adding of their title to
817	their signature in the same manner.
818	5.  Placement of the word "pending" prior to the words "NET
819	AMOUNT TO BE PAID TO CLAIMANT", if it is not yet possible to
820	determine the percentage interest of an heir or legatee prior to
821	a determination on the issue by the probate court.
822	6.  Making the words "number" and "account" plural to take
823	into account whether one account or multiple accounts are to be
824	recovered.
825	7.  Placement of the name and title, if applicable, of the
826	claimant directly under the signature line.
827	8.  Deletion of the words "NUMBER OF SHARES TO BE
828	RECOVERED", if the agreement does not relate to the recovery of
829	securities.
830	9.  Substitution of either of the following in the place of
831	subsection (1) of the recovery agreement:
832	"(1)  As consideration for the research efforts in locating
833	and identifying assets due to the CLAIMANT and for assistance in
834	procuring payment of the assets to the CLAIMANT, the CLAIMANT
835	authorizes the government to pay to the CLAIMANT'S
836	REPRESENTATIVE (________) percent of all assets recovered.
837
838	NO FEES ARE TO BE PAID IN ADVANCE."
839
840	or
841
842	"(1)  As consideration for the research efforts in locating
843	and identifying assets due to the CLAIMANT and for assistance in
844	procuring payment of the assets to the CLAIMANT, the CLAIMANT
845	authorizes the government to pay to the CLAIMANT'S
846	REPRESENTATIVE a flat fee of $( _____ )to recover the unclaimed
847	property account identified above.
848
849	NO FEES ARE TO BE PAID IN ADVANCE."
850
851	10.  Placement of additional text below the agreement that
852	does not conflict with the statutorily mandated terms of the
853	agreement.
854	(g)  This section prohibits the modification of the order
855	or sequence of the language of the agreement.
856	(3)  As used in this section, "claimant" means the person
857	on whose behalf a claim is filed.
858	(4)  This section does not supersede the licensing
859	requirements of chapter 493.
860	Section 19.  Section 717.1351, Florida Statutes, is amended
861	to read:
862	717.1351  Acquisition of unclaimed property.--
863	(1)  A person desiring to acquire ownership of or
864	entitlement to property reported to the department under s.
865	717.117 must be an attorney licensed to practice law in this
866	state, a licensed Florida-certified public accountant, a private
867	investigator licensed under chapter 493, or an employer of a
868	licensed private investigator which employer possesses a Class
869	"A" license under chapter 493 and must be registered with the
870	department under this chapter.
871	(2)  All contracts to acquire ownership of or entitlement
872	to unclaimed property from the person or persons entitled to the
873	unclaimed property must be in 10-point type or greater and must:
874	(a)  Have a purchase price that discounts the value of the
875	unclaimed property at the time the agreement is executed by the
876	seller at no greater than 20 percent per account held by the
877	department; or
878	(b)  Fully disclose, on such form as the department shall
879	prescribe by rule, that the property is held by the Bureau of
880	Unclaimed Property of the Department of Financial Services
881	pursuant to this chapter, the physical and mailing address of
882	the bureau, telephone number of the bureau, the Internet address
883	of the bureau, the person or name of the entity that held the
884	property prior to the property becoming unclaimed, the date of
885	the holder's last contact with the owner, if known, and the
886	approximate value of the property, and identify which of the
887	following categories of unclaimed property the buyer is seeking
888	to purchase as reported by the holder:
889	1.  Cash accounts.
890	2.  Stale dated checks.
891	3.  Life insurance or annuity contract assets.
892	4.  Utility deposits.
893	5.  Securities or other interests in business associations.
894	6.  Wages.
895	7.  Accounts receivable.
896	8.  Contents of safe-deposit boxes.
897
898	Such disclosure must shall be on a page signed and dated by the
899	seller of the unclaimed property on the same day that the
900	purchase agreement is signed and dated.
901	(3)  The originals of all such disclosures and agreements
902	to transfer ownership of or entitlement to unclaimed property
903	shall be signed and dated by the seller and shall be filed with
904	the claim form. The claimant shall provide the department with a
905	legible copy of a valid driver's license of the seller at the
906	time the original claim form is filed. If a seller has not been
907	issued a valid driver's license at the time the original claim
908	form is filed, the department shall be provided with a legible
909	copy of a photographic identification of the seller issued by
910	the United States or a foreign nation, a state or territory of
911	the United States or a foreign nation, or a political
912	subdivision or agency thereof. In lieu of photographic
913	identification, a notarized sworn statement by the seller may be
914	provided which affirms the seller's identity and states the
915	seller's full name and address. The seller must produce his or
916	her photographic identification issued by the United States or a
917	foreign nation, a state or territory of the United States, or a
918	foreign nation, or a political subdivision or agency thereof, to
919	the notary. The notary shall indicate the notary's full address
920	on the notarized sworn statement. If a claim is filed without
921	the required identification or the sworn statement with the
922	original claim form and the original agreement to acquire
923	ownership of or entitlement to the unclaimed property, the claim
924	is void.
925	(4)  Any contract to acquire ownership of or entitlement to
926	unclaimed property from the person or persons entitled to the
927	unclaimed property must provide for the purchase price to be
928	remitted to the seller or sellers within 10 days after the
929	execution of the contract by the seller or sellers. The contract
930	must specify the unclaimed property account number, the value of
931	the unclaimed property account, and the number of shares of
932	stock, if applicable. Proof of payment by check must be filed
933	with the department with the claim.
934	(5)  All agreements to purchase unclaimed property from an
935	owner, who is a natural person, a trust, or a dissolved
936	corporation must use the following form on 8 and 1/2-inch by 11-
937	inch paper or on 8 and 1/2-inch by 14-inch paper with all of the
938	text on one side of the paper and with the other side of the
939	paper left blank; except that, at the option of the owner
940	representative, the department disclosure form may be placed on
941	the reverse side of the agreement. The agreement must be
942	accurately completed and executed. Except as provided in this
943	section, no other writing or information shall be printed on the
944	agreement. The title of the agreement shall be in bold 14-point
945	type and underlined. The rest of the agreement shall be in 10-
946	point type or greater. All unclaimed property accounts to be
947	purchased must be identified on the agreement. The agreement
948	must state:
949
950	PURCHASE AGREEMENT
951
952	$__________ = APPROXIMATE DOLLAR VALUE OF THE UNCLAIMED PROPERTY
953	PROPERTY ACCOUNT NUMBER(S):
954	NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF
955	APPLICABLE):__________
956	__________ PERCENT OF UNCLAIMED PROPERTY TO BE PAID TO THE BUYER
957	$           = AMOUNT TO BE PAID TO BUYER
958	$__________ = NET AMOUNT TO BE PAID TO OWNER
959	PROPERTY ACCOUNT NUMBER(S):_____________________
960	$__________ = AMOUNT TO BE PAID TO BUYER
961
962	THIS AGREEMENT is between: _______________ (hereinafter, OWNER)
963	and _______________ (hereinafter, BUYER) who agree that the
964	OWNER transfers to the BUYER for a purchase price of $__________
965	all rights to the above identified unclaimed property accounts.
966	Original Signature of OWNER:
967	DATE:
968	OWNER'S Social Security Number or FEID number:
969	Within 10 days after the execution of this Purchase Agreement by
970	the Owner, Buyer shall remit the OWNER'S check payable to:
971
972	Mail check to this address:
973
974
975	The OWNER'S telephone number is:
976	Original Signature of BUYER:
977	FEID Number of BUYER: __________DATE: __________
978	Address of BUYER:
979
980	Telephone number of BUYER:
981	Professional license number of BUYER:
982
983	(6)  This section does not prohibit the:
984	(a)  Use of additional signature lines for more than one
985	seller.
986	(b)  Use of bolding, italics, print of different colors and
987	text borders as a means of highlighting or stressing certain
988	selected items within the text.
989	(c)  Placement of the firm or company name of the buyer in
990	the top margin above the words "PURCHASE AGREEMENT". No
991	additional writing of any kind may be placed in the top margin,
992	including, but not limited to, logos, addresses, phone numbers,
993	license numbers, or slogans.
994	(d)  Addition of corporate representatives' titles with
995	their names on the agreement or the adding of their title to
996	their signature in the same manner.
997	(e)  Making the words "number" and "account" plural to take
998	into account whether one account or multiple accounts are to be
999	recovered.
1000	(f)  Placement of the name and title, if applicable, of the
1001	claimant directly under the signature line.
1002	(g)  Deletion of the words "NUMBER OF SHARES TO BE
1003	RECOVERED", if the agreement does not relate to the recovery of
1004	securities.
1005	(h)  Placement of additional text below the agreement that
1006	does not conflict with the statutorily mandated terms of the
1007	agreement.
1008	(7)  This section  prohibits the modification of the order
1009	or sequence of the language of the agreement.
1010	(8)  This section does not supersede the licensing
1011	requirements of chapter 493.
1012	Section 20.  Section 717.1381, Florida Statutes, is created
1013	to read:
1014	717.1381  Void unclaimed property agreements.--
1015	(1)  The protection of the interests of owners of unclaimed
1016	property is declared to be the public policy of this state. It
1017	is in the best interests of the owners of unclaimed property
1018	that they have the opportunity to receive the full amount of the
1019	unclaimed property returned to them without the deduction of any
1020	fees. Further, it is specifically recognized that the
1021	Legislature has mandated and the state has an obligation to make
1022	a meaningful and active effort to notify owners of their
1023	unclaimed property. The state recognizes that this policy and
1024	obligation cannot be fulfilled without providing the state with
1025	the first opportunity to notify the owners of unclaimed property
1026	that they may file a claim for their property with the
1027	department. In furtherance of this policy and obligation:
1028	(a)  Any oral or written agreement, for compensation or
1029	gain or in the expectation of compensation or gain, to claim
1030	unclaimed property on the owner's behalf which has been made on
1031	or before 90 days after the holder or examination report has
1032	been processed and added to the unclaimed  property data base,
1033	subsequent to a determination that the report is accurate and
1034	that the reported property is the same as the remitted property,
1035	is void as contrary to public policy.
1036	(b)  Any oral or written agreement to purchase unclaimed
1037	property owned by another made on or before 90 days after the
1038	holder or examination report has been processed and added to the
1039	unclaimed property data base, subsequent to a determination that
1040	the report is accurate and that the reported property is the
1041	same as the remitted property, is void as contrary to public
1042	policy.
1043	(c)  No person shall enter into an agreement, or make a
1044	solicitation to enter into an agreement, that is void under this
1045	section.
1046	(2)  This section applies to contracts entered into or
1047	renewed on or after October 1, 2004.
1048	Section 21.  Paragraphs (a) and (f) of subsection (1) and
1049	subsection (6) of section 717.1400, Florida Statutes, are
1050	amended, and subsection (7) is added to said section, to read:
1051	717.1400  Registration.--
1052	(1)  In order to file claims as a claimant's
1053	representative, acquire ownership of or entitlement to unclaimed
1054	property, receive a distribution of fees and costs from the
1055	department, and obtain unclaimed property dollar amounts, the
1056	number of reported shares of stock, and the last four digits of
1057	social security numbers held by the department, a private
1058	investigator holding a Class "C" individual license under
1059	chapter 493 must register with the department on such form as
1060	the department shall prescribe by rule, and must be verified by
1061	the applicant. To register with the department, a private
1062	investigator must provide:
1063	(a)  A legible copy of the applicant's Class "A" business
1064	license under chapter 493 or that of the applicant's agency
1065	employer which holds a Class "A" business license under chapter
1066	493.
1067	(f)  The tax identification number of the private
1068	investigator's agency employer which holds a Class "A" business
1069	license under chapter 493.
1070	(6)  A registrant's firm or agency employer registrant or
1071	applicant for registration may not have a name that might lead
1072	another person to conclude that the registrant's firm or agency
1073	employer registrant is affiliated or associated with the United
1074	States, or an agency thereof, or a state or an agency or
1075	political subdivision of a state. The department shall deny an
1076	application for registration or revoke a registration if the
1077	applicant's or registrant's firm or agency employer applicant or
1078	registrant has a name that might lead another person to conclude
1079	that the firm or agency employer applicant or registrant is
1080	affiliated or associated with the United States, or an agency
1081	thereof, or a state or an agency or political subdivision of a
1082	state. Names that might lead another person to conclude that the
1083	firm or agency employer applicant or registrant is affiliated or
1084	associated with the United States, or an agency thereof, or a
1085	state or an agency or political subdivision of a state, include,
1086	but are not limited to, the words United States, Florida, state,
1087	bureau, division, department, or government.
1088	(7)  The licensing and other requirements of this section
1089	must be maintained as a condition of registration with the
1090	department.
1091	Section 22.  This act shall take effect July 1, 2005.

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