Senate Bill sb2494

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    Florida Senate - 2005                                  SB 2494

    By Senator Clary





    4-1552A-05

  1                      A bill to be entitled

  2         An act relating to the disposition of unclaimed

  3         property; amending s. 717.106, F.S., relating

  4         to funds in financial organizations; providing

  5         for documented telephone contact in certain

  6         cases; amending s. 717.117, F.S., relating to

  7         reports of unclaimed property; amending time

  8         and notice requirements; amending s. 717.118,

  9         F.S., relating to notification of apparent

10         owners; providing threshold value for

11         notifications; amending s. 717.119, F.S.,

12         relating to payment or delivery of unclaimed

13         property; providing for disposition of funds;

14         amending s. 717.122, F.S., relating to public

15         sale of unclaimed property; providing for

16         disposition; amending s. 717.124, F.S.,

17         relating to unclaimed property claims;

18         providing for identification; amending s.

19         717.12404, F.S., relating to claims on behalf

20         of a business entity or trust; providing for

21         reference to corporate records on the Internet;

22         creating s. 717.12405, F.S.; providing

23         definitions; amending s. 717.1241, F.S.,

24         relating to conflicting claims; amending s.

25         717.1242, F.S., relating to jurisdiction of

26         probate court and department; amending s.

27         717.1243, F.S., relating to small-estate

28         accounts; providing for live testimony;

29         creating s. 717.1245, F.S.; providing for costs

30         and fees in cases seeking garnishment of

31         certain unclaimed property; repealing s.

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 1         717.1311(3), F.S., which provides for reporting

 2         requirements and payments in cases where

 3         records are not maintained; amending s.

 4         717.1315, F.S., relating to records retention;

 5         amending s. 717.132, F.S., relating to

 6         enforcement; amending s. 717.1322, F.S.,

 7         relating to administrative and civil

 8         enforcement; providing for registration;

 9         providing times for revocation and suspension

10         of registration; creating s. 717.1323, F.S.;

11         restricting use of claim forms; prohibiting

12         contracts to purchase and certain fees for

13         unreported unclaimed property; requiring

14         registration; providing a criminal penalty;

15         amending s. 717.1331, F.S., relating to actions

16         against holders; providing for enforcement of

17         subpoena; amending s. 717.1333, F.S., relating

18         to evidence and reports; providing for

19         estimation of amount due in certain cases;

20         amending s. 717.135, F.S., relating to powers

21         of attorney and agreements; specifying certain

22         disclosure requirements and forms; amending s.

23         717.1351, F.S., relating to purchase

24         agreements; specifying form; creating s.

25         717.1381, F.S.; declaring state policy to

26         protect interests of owners of unclaimed

27         property; providing that certain recovery

28         agreements and purchase agreements are void;

29         providing for retroactive application; amending

30         s. 717.1400, F.S., relating to registration;

31         providing for maintenance of licensing and

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 1         other requirements as a condition of

 2         registration; providing an effective date.

 3  

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

 5  

 6         Section 1.  Subsection (1) of section 717.106, Florida

 7  Statutes, is amended to read:

 8         717.106  Bank deposits and funds in financial

 9  organizations.--

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

11  a banking or financial organization, including deposits that

12  are automatically renewable, and any funds paid toward the

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

14  other interest in a banking or financial organization is

15  presumed unclaimed unless the owner has, within 5 years:

16         (a)  Increased or decreased the amount of the deposit

17  or presented the passbook or other similar evidence of the

18  deposit for the crediting of interest;

19         (b)  Communicated in writing or by documented telephone

20  contact with the banking or financial organization concerning

21  the property;

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

23  evidenced by a memorandum or other record on file with the

24  banking or financial organization;

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

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

27  banking or financial organization communicates in writing with

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

29  presumed unclaimed under this subsection at the address to

30  which communications regarding the other property regularly

31  are sent; or

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 1         (e)  Had another relationship with the banking or

 2  financial organization concerning which the owner has:

 3         1.  Communicated in writing with the banking or

 4  financial organization; or

 5         2.  Otherwise indicated an interest as evidenced by a

 6  memorandum or other record on file with the banking or

 7  financial organization and if the banking or financial

 8  organization communicates in writing with the owner with

 9  regard to the property that would otherwise be unclaimed under

10  this subsection at the address to which communications

11  regarding the other relationship regularly are sent.

12         Section 2.  Subsections (3) and (4) of section 717.117,

13  Florida Statutes, are amended to read:

14         717.117  Report of unclaimed property.--

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

16  year. The Such report shall apply to the preceding calendar

17  year. The department may impose and collect a penalty of $10

18  per day up to a maximum of $500 for the failure to timely

19  report or the failure to include in a report information

20  required by this chapter. The penalty shall be remitted to the

21  department within 30 days after the date of the notification

22  to the holder that the penalty is due and owing. As necessary

23  for proper administration of this chapter, the department may

24  waive any penalty due with appropriate justification. On

25  written request by any person required to file a report and

26  upon a showing of good cause, the department may postpone the

27  reporting date. The department must provide information

28  contained in a report filed with the department to any person

29  requesting a copy of the report or information contained in a

30  report, to the extent the information requested is not

31  confidential, within 45 90 days after the report has been

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 1  processed and added to the unclaimed property database

 2  subsequent to a determination that the report is accurate and

 3  that the reported property is the same as the remitted

 4  property.

 5         (4)  Holders of inactive accounts having a value of $50

 6  or more shall use due diligence to locate apparent owners. Not

 7  more than 120 days and not less than 60 days prior to filing

 8  the report required by this section, the holder in possession

 9  of property presumed unclaimed and subject to custody as

10  unclaimed property under this chapter shall send written

11  notice to the apparent owner at the apparent owner's last

12  known address informing the apparent owner that the holder is

13  in possession of property subject to this chapter, if the

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

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

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

17  holder shall conduct at least one search for the apparent

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

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

20  owner-initiated account activity, if 2 years have transpired

21  after the expiration date on the instrument or contract, or if

22  2 years have transpired since first-class mail has been

23  returned as undeliverable.

24         (b)  Within 180 days after an account becomes inactive,

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

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

27  conducting one annual search for the owners of all accounts

28  which have become inactive during the prior year.

29         (c)  Within 30 days after receiving updated address

30  information, the holder shall provide notice by telephone or

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

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

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

 3  notice shall also provide the apparent owner with the address

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

 5  may claim the property or reestablish the inactive account.

 6         (d)  The account shall be presumed unclaimed if the

 7  holder is not able to contact the apparent owner by telephone,

 8  the first-class mail notice is returned to the holder as

 9  undeliverable, or the apparent owner does not contact the

10  holder in response to the first-class mail notice.

11         Section 3.  Subsection (1) of section 717.118, Florida

12  Statutes, is amended to read:

13         717.118  Notification of apparent owners of unclaimed

14  property.--

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

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

17  property in a cost-effective manner. In order to provide all

18  the citizens of this state an effective and efficient program

19  for the recovery of unclaimed property, the department shall

20  use cost-effective means to make at least one active attempt

21  to notify owners of unclaimed property accounts valued at more

22  than $250 $100 with a reported address or taxpayer

23  identification number. Such active attempt to notify apparent

24  owners shall include any attempt by the department to directly

25  contact the owner. Other means of notification, such as

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

27  television, on the Internet, or through other promotional

28  efforts and items in which the department does not directly

29  attempt to contact the owner are expressly declared to be

30  passive attempts. Nothing in this subsection precludes other

31  agencies or entities of state government from notifying owners

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 1  of the existence of unclaimed property or attempting to notify

 2  apparent owners of unclaimed property.

 3         Section 4.  Paragraph (b) of subsection (5) of section

 4  717.119, Florida Statutes, is amended to read:

 5         717.119  Payment or delivery of unclaimed property.--

 6         (5)  All intangible and tangible property held in a

 7  safe-deposit box or any other safekeeping repository reported

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

 9  until 120 days after the report due date. The delivery of the

10  property, through the United States mail or any other carrier,

11  shall be insured by the holder at an amount equal to the

12  estimated value of the property. Each package shall be clearly

13  marked on the outside "Deliver Unopened." A holder's

14  safe-deposit box contents shall be delivered to the department

15  in a single shipment. In lieu of a single shipment, holders

16  may provide the department with a single detailed shipping

17  schedule that includes package tracking information for all

18  packages being sent pursuant to this section.

19         (b)  Any firearm or ammunition found in an unclaimed

20  safe-deposit box or any other safekeeping repository shall be

21  delivered by the holder to a law enforcement agency for

22  disposal pursuant to s. 705.103(2)(b), with the balance of the

23  proceeds deposited into the State School Fund if the firearm

24  is sold. However, the department is authorized to make a

25  reasonable attempt to ascertain the historical value to

26  collectors of any firearm that has been delivered to the

27  department. Any firearm appearing to have historical value to

28  collectors may be sold by the department pursuant to s.

29  717.122 to a person having a federal firearms license. Any

30  firearm which is not sold pursuant to s. 717.122 shall be

31  delivered by the department to a law enforcement agency in

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 1  this state for disposal pursuant to s. 705.103(2)(b), with the

 2  balance of the proceeds deposited into the State School Fund

 3  if the firearm is sold. The department shall not be

 4  administratively, civilly, or criminally liable for any

 5  firearm delivered by the department to a law enforcement

 6  agency in this state for disposal.

 7         Section 5.  Section 717.122, Florida Statutes, is

 8  amended to read:

 9         717.122  Public sale of unclaimed property.--

10         (1)  Except as provided in paragraph (2)(a) subsection

11  (2), the department after the receipt of unclaimed property

12  shall sell it to the highest bidder at public sale on the

13  Internet or at a specified physical location wherever in the

14  judgment of the department the most favorable market for the

15  property involved exists. The department may decline the

16  highest bid and reoffer the property for sale if in the

17  judgment of the department the bid is insufficient. The

18  department shall have the discretion to withhold from sale any

19  unclaimed property that the department deems to be of benefit

20  to the people of the state. If in the judgment of the

21  department the probable cost of sale exceeds the value of the

22  property, it need not be offered for sale and may be disposed

23  of as the department determines appropriate. Any sale at a

24  specified physical location held under this section must be

25  preceded by a single publication of notice, at least 3 weeks

26  in advance of sale, in a newspaper of general circulation in

27  the county in which the property is to be sold. The department

28  shall proportionately deduct auction fees, preparation costs,

29  and expenses from the amount posted to the owner's account

30  when safe-deposit box contents are sold. No action or

31  proceeding may be maintained against the department for or on

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 1  account of any decision to decline the highest bid or withhold

 2  any unclaimed property from sale.

 3         (2)(a)  Securities listed on an established stock

 4  exchange must be sold at prices prevailing at the time of sale

 5  on the exchange.  Other securities may be sold over the

 6  counter at prices prevailing at the time of sale or by any

 7  other method the department deems advisable.  The department

 8  may authorize the agent or broker acting on behalf of the

 9  department to deduct fees from the proceeds of these sales at

10  a rate agreed upon in advance by the agent or broker and the

11  department.  The department shall reimburse owners accounts

12  for these brokerage fees from the State School Fund unless the

13  securities are sold at the owner's request.

14         (b)(3)  Unless the department deems it to be in the

15  public interest to do otherwise, all securities presumed

16  unclaimed and delivered to the department may be sold upon

17  receipt. Any person making a claim pursuant to this chapter is

18  entitled to receive either the securities delivered to the

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

20  the department, or the proceeds received from sale, but no

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

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

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

24  the value of the property occurring after delivery by the

25  holder to the state.

26         (c)  Certificates for unclaimed stock or other equity

27  interest of business associations that cannot be cancelled and

28  registered in the department's name or that cannot be readily

29  liquidated and converted into the currency of the United

30  States may be sold for value of the certificate, if any, in

31  

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 1  accordance with subsection (1) or may be destroyed in

 2  accordance with s. 717.128.

 3         (3)(4)  The purchaser of property at any sale conducted

 4  by the department pursuant to this chapter is entitled to

 5  ownership of the property purchased free from all claims of

 6  the owner or previous holder thereof and of all persons

 7  claiming through or under them.  The department shall execute

 8  all documents necessary to complete the transfer of ownership.

 9         (4)(5)  The sale of unclaimed tangible personal

10  property is not subject to tax under chapter 212 when such

11  property is sold by or on behalf of the department pursuant to

12  this section.

13         Section 6.  Subsections (1) and (4) of section 717.124,

14  Florida Statutes, are amended to read:

15         717.124  Unclaimed property claims.--

16         (1)  Any person, excluding another state, claiming an

17  interest in any property paid or delivered to the department

18  under this chapter may file with the department a claim on a

19  form prescribed by the department and verified by the claimant

20  or the claimant's representative. The claimant's

21  representative must be an attorney licensed to practice law in

22  this state, a licensed Florida-certified public accountant, or

23  a private investigator licensed under chapter 493. The

24  claimant's representative must be registered with the

25  department under this chapter. The claimant, or the claimant's

26  representative, shall provide the department with a legible

27  copy of a valid driver's license of the claimant at the time

28  the original claim form is filed. If the claimant has not been

29  issued a valid driver's license at the time the original claim

30  form is filed, the department shall be provided with a legible

31  copy of a photographic identification of the claimant issued

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 1  by the United States a state or territory of the United

 2  States, a foreign nation, or a political subdivision or agency

 3  thereof, or other evidence deemed acceptable by the department

 4  rule. In lieu of photographic identification, a notarized

 5  sworn statement by the claimant may be provided which affirms

 6  the claimant's identity and states the claimant's full name

 7  and address. The claimant must produce to the notary

 8  photographic identification of the claimant issued by the

 9  United States, a state or territory of the United States, or a

10  political subdivision or agency thereof or other evidence

11  deemed acceptable by department rule. The notary shall

12  indicate the notary's full address on the notarized sworn

13  statement. Any claim filed without the required identification

14  or the sworn statement with the original claim form and the

15  original power of attorney or purchase agreement, if

16  applicable, is void.

17         (a)  Within 90 days after receipt of a claim, the

18  department may return any claim that provides for the receipt

19  of fees and costs greater than that permitted under this

20  chapter or that contains any apparent errors or omissions. The

21  department may also request that the claimant or the

22  claimant's representative provide additional information. The

23  department shall retain a copy or electronic image of the

24  claim.

25         (b)  A claimant or the claimant's representative shall

26  be deemed to have withdrawn a claim if no response to the

27  department's request for additional information is received by

28  the department within 60 days after the notification of any

29  apparent errors or omissions.

30         (c)  Within 90 days after receipt of the claim, or the

31  response of the claimant or the claimant's representative to

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 1  the department's request for additional information, whichever

 2  is later, the department shall determine each claim. Such

 3  determination shall contain a notice of rights provided by ss.

 4  120.569 and 120.57. The 90-day period shall be extended by 60

 5  days if the department has good cause to need additional time

 6  or if the unclaimed property:

 7         1.  Is owned by a person who has been a debtor in

 8  bankruptcy;

 9         2.  Was reported with an address outside of the United

10  States;

11         3.  Is being claimed by a person outside of the United

12  States; or

13         4.  Contains documents filed in support of the claim

14  that are not in the English language and have not been

15  accompanied by an English language translation.

16         (d)  The department shall deny any claim under which

17  the claimant's representative has refused to authorize the

18  department to reduce the fees and costs to the maximum

19  permitted under this chapter.

20         (4)(a)  Except as otherwise provided in this chapter,

21  if a claim is determined in favor of the claimant, the

22  department shall deliver or pay over to the claimant the

23  property or the amount the department actually received or the

24  proceeds if it has been sold by the department, together with

25  any additional amount required by s. 717.121.

26         (b)  If an owner authorizes an attorney licensed to

27  practice law in this state, Florida-certified public

28  accountant, or private investigator licensed under chapter

29  493, and registered with the department under this chapter, to

30  claim the unclaimed property on the owner's behalf, the

31  department is authorized to make distribution of the property

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 1  or money in accordance with such power of attorney. The

 2  original power of attorney must be executed by the owner and

 3  must be filed with the department.

 4         (c)1.  Payments of approved claims for unclaimed cash

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

 6  and costs authorized pursuant to a written power of attorney.

 7  The contents of a safe-deposit box shall be delivered directly

 8  to the claimant notwithstanding any power of attorney or

 9  agreement to the contrary.

10         2.  Payments of fees and costs authorized pursuant to a

11  written power of attorney for approved claims shall be made or

12  issued to the law firm employer of the designated attorney

13  licensed to practice law in this state, the public accountancy

14  firm employer of the licensed Florida-certified public

15  accountant, or the designated employing private investigative

16  agency licensed by this state. Such payments shall be made by

17  electronic funds transfer and may be made on such periodic

18  schedule as the department may define by rule, provided the

19  payment intervals do not exceed 31 days. Payment made to an

20  attorney licensed in this state, a Florida-certified public

21  accountant, or a private investigator licensed under chapter

22  493, operating individually or as a sole practitioner, shall

23  be to the attorney, certified public accountant, or private

24  investigator.

25         Section 7.  Section 717.12404, Florida Statutes, is

26  amended to read:

27         717.12404  Claims on behalf of a business entity or

28  trust.--

29         (1)(a)  Claims on behalf of an active or dissolved

30  corporation, for which the last annual report is not available

31  from the Department of State through the Internet, must be

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 1  accompanied by a microfiche copy of the records on file with

 2  the Department of State or, if the corporation has not made a

 3  corporate filing with the Department of State, the claim must

 4  be accompanied by a uniform resource locator for the address

 5  of a free Internet site operated by the state of incorporation

 6  of the corporation that provides access to the last corporate

 7  filing identifying the officers and directors of the

 8  corporation. If available, the claim must be accompanied by a

 9  printout of the officers and directors from the Florida

10  Department of State Internet site or the free Internet site

11  operated by the state of incorporation of the corporation. If

12  the free Internet site is not available, the claim must be

13  accompanied by an authenticated copy of the last corporate

14  filing identifying the officers and directors from the

15  appropriate authorized official of the state of incorporation.

16         (b)  A claim on behalf of a corporation must be made by

17  an officer or director identified on the last corporate

18  filing.

19         (2)  Claims on behalf of a dissolved corporation, a

20  business entity other than an active corporation, or a trust

21  must include a legible copy of a valid driver's license of the

22  person acting on behalf of the dissolved corporation, business

23  entity other than an active corporation, or trust. If the

24  person has not been issued a valid driver's license, the

25  department shall be provided with a legible copy of a

26  photographic identification of the person issued by the United

27  States a foreign nation, or a political subdivision or agency

28  thereof. In lieu of photographic identification, a notarized

29  sworn statement by the person may be provided which affirms

30  the person's identity and states the person's full name and

31  address. The person must produce to the notary his or her

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 1  photographic identification issued by the United States, a

 2  state or territory of the United States, a foreign nation, or

 3  a political subdivision or agency thereof, or other evidence

 4  deemed acceptable by department rule. The notary shall

 5  indicate the notary's full address on the notarized sworn

 6  statement. Any claim filed without the required identification

 7  or the sworn statement with the original claim form and the

 8  original power of attorney, if applicable, is void.

 9         Section 8.  Section 717.12405, Florida Statutes, is

10  created to read:

11         717.12405  Joint ownership of unclaimed securities or

12  dividends.--For the purpose of determining joint ownership of

13  unclaimed securities or dividends, the term:

14         (1)  "TEN COM" means tenants in common.

15         (2)  "TEN ENT" means tenants by the entireties.

16         (3)  "JT TEN" or "JT" means joint tenants with the

17  right of survivorship and not as tenants in common.

18         (4)  "And" means tenants in common with each person

19  entitled to an equal pro rata share.

20         (5)  "Or" means that each person listed on the account

21  is entitled to all of the funds.

22         Section 9.  Section 717.1241, Florida Statutes, is

23  amended to read:

24         717.1241  Conflicting claims.--

25         (1)  When conflicting claims have been received by the

26  department for the same unclaimed property account or

27  accounts, the property shall be remitted in accordance with

28  the claim filed by the person as follows, notwithstanding the

29  withdrawal of a claim:

30         (a)  As between an owner and an owner's representative:

31  

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 1         (a)1.  To the person submitting the first claim

 2  received by the bureau of unclaimed property of the department

 3  that is complete or made complete.; or

 4         (b)2.  If a claimant's an owner's claim and a

 5  claimant's an owner's representative's claim are received by

 6  the bureau of unclaimed property of the department on the same

 7  day and both claims are complete, to the claimant. owner;

 8         (c)  If a buyer's claim and a claimant's claim or a

 9  claimant's representatives's claim are received by the bureau

10  of unclaimed property of the department on the same day and

11  the claims are complete, to the buyer.

12         (b)  As between two or more owner's representatives, to

13  the owner's representative who has submitted the first claim

14  that is complete or made complete; or

15         (d)(c)  As between two or more claimant's

16  representatives', claims received by the bureau of unclaimed

17  property of the department that are complete or made complete

18  owner's representatives whose claims were complete on the same

19  day, to the claimant's owner's representative who has agreed

20  to receive the lowest fee. If the two or more claimant's

21  owner's representatives whose claims received by the bureau of

22  unclaimed property of the department were complete or made

23  complete on the same day are charging the same lowest fee, the

24  fee fees shall be divided equally between the claimant's

25  owner's representatives.

26         (e)  If more than one buyer's claim received by the

27  bureau of unclaimed property of the department is complete or

28  made complete on the same day, the department shall remit the

29  unclaimed property to the buyer who paid the highest amount to

30  the seller. If the buyers paid the same amount to the seller,

31  

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 1  the department shall remit the unclaimed property to the

 2  buyers divided in equal amounts.

 3         (2)  The purpose of this section is solely to provide

 4  guidance to the department regarding to whom it should remit

 5  the unclaimed property and is not intended to extinguish or

 6  affect any private cause of action that any person may have

 7  against another person for breach of contract or other

 8  statutory or common-law remedy. A buyer's sole remedy, if any,

 9  shall be against the claimant's representative or the seller,

10  or both. A claimant's representative's sole remedy, if any,

11  shall be against the buyer or the seller, or both. A

12  claimant's or seller's sole remedy, if any, shall be against

13  the buyer or the claimant's representative, or both. Nothing

14  in this section forecloses the right of a person to challenge

15  the department's determination of completeness in a proceeding

16  under ss. 120.569 and 120.57.

17         (3)  A claim is complete when entitlement to the

18  unclaimed property has been established.

19         Section 10.  Section 717.1242, Florida Statutes, is

20  amended to read:

21         717.1242  Restatement of jurisdiction of the circuit

22  court sitting in probate and the department.--

23         (1)  It is and has been the intent of the Legislature

24  that, pursuant to s. 26.012(2)(b), circuit courts have

25  jurisdiction of proceedings relating to the settlement of the

26  estates of decedents and other jurisdiction usually pertaining

27  to courts of probate. It is and has been the intent of the

28  Legislature that, pursuant to s. 717.124, the department

29  determines the merits of claims for property paid or delivered

30  to the department under this chapter. Consistent with this

31  legislative intent, any estate or beneficiary, as defined in

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 1  s. 731.201, of an estate seeking to obtain property paid or

 2  delivered to the department under this chapter must file a

 3  claim with the department as provided in s. 717.124.

 4         (2)  If Should any estate or heir of an estate seeks

 5  seek to obtain or obtains obtain an order from a circuit court

 6  sitting in probate directing the department to pay or deliver

 7  to any person property paid or delivered to the department

 8  under this chapter, the estate or heir shall may be ordered to

 9  pay the department reasonable costs and attorney's fees in any

10  proceeding brought by the department to oppose, appeal, or

11  collaterally attack the order.

12         Section 11.  Section 717.1243, Florida Statutes, is

13  amended to read:

14         717.1243  Small estate accounts.--

15         (1)  A claim for unclaimed property made by a

16  beneficiary, as defined in s. 731.201, of a deceased owner

17  need not be accompanied by an order of a probate court if the

18  claimant files with the department an affidavit, signed by all

19  beneficiaries, stating that all the beneficiaries have

20  amicably agreed among themselves upon a division of the estate

21  and that all funeral expenses, expenses of the last illness,

22  and any other lawful claims have been paid, and any additional

23  information reasonably necessary to make a determination of

24  entitlement. If the owner died testate, the claim shall be

25  accompanied by a copy of the will.

26         (2)  Each person receiving property under this section

27  shall be personally liable for all lawful claims against the

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

29  the property received by such person under this section,

30  exclusive of the property exempt from claims of creditors

31  under the constitution and laws of this state.

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

 2  entitled to share in the property but did not receive his or

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

 4  appropriate proceedings against those who received the

 5  property and shall be awarded taxable costs as in chancery

 6  actions, including attorney's fees.

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

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

 9  aggregate value of $5,000 or less and no probate proceeding is

10  pending.

11         (5)  Nothing in this section shall be interpreted as

12  precluding the use of live testimony to establish entitlement.

13         Section 12.  Section 717.1245, Florida Statutes, is

14  created to read:

15         717.1245  Garnishment of unclaimed property.--If any

16  person files a petition for writ of garnishment seeking to

17  obtain property paid or delivered to the department under this

18  chapter, the petitioner shall be ordered to pay the department

19  reasonable costs and attorney's fees in any proceeding brought

20  by the department to oppose, appeal, or collaterally attack

21  the petition or writ.

22         Section 13.  Subsection (3) of section 717.1311,

23  Florida Statutes, is repealed.

24         Section 14.  Section 717.1315, Florida Statutes, is

25  amended to read:

26         717.1315  Retention of records by claimants'

27  representatives and buyers of unclaimed property owner's

28  representative.--

29         (1)  Every claimant's owner's representative and buyer

30  of unclaimed property shall keep and use in his or her

31  business such books, accounts, and records of the business

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 1  conducted under this chapter to enable the department to

 2  determine whether such person owner's representative is

 3  complying with this chapter and the rules adopted by the

 4  department under this chapter. Every claimant's owner's

 5  representative and buyer of unclaimed property shall preserve

 6  such books, accounts, and records, including every power of

 7  attorney or agreement between the owner and such claimant's

 8  owner's representative or buyer, for at least 3 years after

 9  the date of the initial power of attorney or agreement.

10         (2)  A claimant's An owner's representative or buyer of

11  unclaimed property, operating at two or more places of

12  business in this state, may maintain the books, accounts, and

13  records of all such offices at any one of such offices, or at

14  any other office maintained by such claimant's owner's

15  representative or buyer of unclaimed property, upon the filing

16  of a written notice with the department designating in the

17  written notice the office at which such records are

18  maintained.

19         (3)  A claimant's An owner's representative or buyer of

20  unclaimed property shall make all books, accounts, and records

21  available at a convenient location in this state upon request

22  of the department.

23         Section 15.  Section 717.132, Florida Statutes, is

24  amended to read:

25         717.132  Enforcement; cease and desist orders;

26  administrative fines.--

27         (1)  The department may bring an action in any court of

28  competent jurisdiction to enforce or administer any provision

29  of this chapter, any rule or order promulgated under this

30  chapter, or any written agreement entered into with the

31  department.

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 1         (2)  In addition to any other powers conferred upon it

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

 3  department may issue and serve upon a person an order to cease

 4  and desist and to take corrective action whenever the

 5  department finds that such person is violating, has violated,

 6  or is about to violate any provision of this chapter, any rule

 7  or order promulgated under this chapter, or any written

 8  agreement entered into with the department. For purposes of

 9  this subsection, the term "corrective action" includes

10  refunding excessive charges, requiring a person to return

11  unclaimed property, requiring a holder to remit unclaimed

12  property, and requiring a holder to correct a report that

13  contains errors or omissions. Any such order shall contain a

14  notice of rights provided by ss. 120.569 and 120.57.

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

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

17  department or a court of competent jurisdiction may impose

18  fines and collect an administrative fine against any person

19  found to have violated any provision of this chapter, any rule

20  or order promulgated under this chapter, or any written

21  agreement entered into with the department in an amount not to

22  exceed $2,000 for each violation. All fines collected under

23  this subsection shall be deposited as received in the

24  Unclaimed Property Trust Fund.

25         Section 16.  Section 717.1322, Florida Statutes, is

26  amended to read:

27         717.1322  Administrative and civil enforcement.--

28         (1)  The following acts are violations of this chapter

29  and constitute grounds for an administrative enforcement

30  action by the department in accordance with the requirements

31  

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 1  of chapter 120 and for civil enforcement by the department in

 2  a court of competent jurisdiction:

 3         (a)  Failure to comply with any provision of this

 4  chapter, any rule or order adopted under this chapter, or any

 5  written agreement entered into with the department.

 6         (b)  Fraud, misrepresentation, deceit, or gross

 7  negligence in any matter within the scope of this chapter.

 8         (c)  Fraudulent misrepresentation, circumvention, or

 9  concealment of any matter required to be stated or furnished

10  to an owner or apparent owner under this chapter, regardless

11  of reliance by or damage to the owner or apparent owner.

12         (d)  Willful imposition of illegal or excessive charges

13  in any unclaimed property transaction.

14         (e)  False, deceptive, or misleading solicitation or

15  advertising within the scope of this chapter.

16         (f)  Failure to maintain, preserve, and keep available

17  for examination all books, accounts, or other documents

18  required by this chapter, by any rule or order adopted under

19  this chapter, or by any agreement entered into with the

20  department under this chapter.

21         (g)  Refusal to permit inspection of books and records

22  in an investigation or examination by the department or

23  refusal to comply with a subpoena issued by the department

24  under this chapter.

25         (h)  Criminal conduct in the course of a person's

26  business.

27         (i)  Failure to timely pay any fine imposed or assessed

28  under this chapter or any rule adopted under this chapter.

29         (j)  Requesting or receiving compensation for notifying

30  a person of his or her unclaimed property or assisting another

31  person in filing a claim for unclaimed property, unless the

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 1  person is an attorney licensed to practice law in this state,

 2  a Florida-certified public accountant, or a private

 3  investigator licensed under chapter 493; or entering into, or

 4  making a solicitation to enter into, a power of attorney to

 5  file For compensation or gain or in the expectation of

 6  compensation or gain, the filing of a claim for unclaimed

 7  property owned by another, or a contract or agreement to

 8  purchase unclaimed property, unless such person is registered

 9  with the department pursuant to this chapter and an a

10  registered attorney licensed to practice law in this state, a

11  Florida-certified registered public accountant in the normal

12  course of public accounting certified in this state, or a

13  registered private investigator licensed under chapter 493.

14  This subsection does not apply to a person who has been

15  granted a durable power of attorney to convey and receive all

16  of the real and personal property of the owner, is the

17  court-appointed guardian of the owner, has been employed as an

18  attorney or qualified representative to contest the

19  department's denial of a claim, has been employed as an

20  attorney or qualified representative to contest the

21  department's denial of a claim, or has been employed as an

22  attorney to probate the estate of the owner or an heir or

23  legatee of the owner.

24         (k)  Failure to authorize the release of records in the

25  possession of a third party after being requested to do so by

26  the department regarding a pending examination or

27  investigation.

28         (l)  Receipt or solicitation of consideration to be

29  paid in advance of the approval of a claim under this chapter.

30  

31  

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 1         (2)  Upon a finding by the department that any person

 2  has committed any of the acts set forth in subsection (1), the

 3  department may enter an order:

 4         (a)  Revoking for a minimum of 5 years or suspending

 5  for a maximum of 5 years a registration previously granted

 6  under this chapter, during which time the registrant may not

 7  reapply for registration under this chapter;

 8         (b)  Placing a registrant or an applicant for a

 9  registration on probation for a period of time and subject to

10  such conditions as the department may specify;

11         (c)  Placing permanent restrictions or conditions upon

12  issuance or maintenance of a registration under this chapter;

13         (d)  Issuing a reprimand;

14         (e)  Imposing an administrative fine not to exceed

15  $2,000 for each such act; or

16         (f)  Prohibiting any person from being a director,

17  officer, agent, employee, or ultimate equitable owner of a

18  10-percent or greater interest in an employer of a registrant.

19         (3)  A registrant is subject to civil enforcement and

20  the disciplinary actions specified in subsection (2) for

21  violations of subsection (1) by an agent or employee of the

22  registrant's employer if the registrant knew or should have

23  known that such agent or employee was violating any provision

24  of this chapter.

25         (4)(a)  The department shall adopt, by rule, and

26  periodically review the disciplinary guidelines applicable to

27  each ground for disciplinary action which may be imposed by

28  the department under this chapter.

29         (b)  The disciplinary guidelines shall specify a

30  meaningful range of designated penalties based upon the

31  severity or repetition of specific offenses, or both. It is

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 1  the legislative intent that minor violations be distinguished

 2  from more serious violations; that such guidelines consider

 3  the amount of the claim involved, the complexity of locating

 4  the owner, the steps taken to ensure the accuracy of the claim

 5  by the person filing the claim, the acts of commission and

 6  omission of the ultimate owners in establishing themselves as

 7  rightful owners of the funds, the acts of commission or

 8  omission of the agent or employee of an employer in the filing

 9  of the claim, the actual knowledge of the agent, employee,

10  employer, or owner in the filing of the claim, the departure,

11  if any, by the agent or employee from the internal controls

12  and procedures established by the employer with regard to the

13  filing of a claim, the number of defective claims previously

14  filed by the agent, employee, employer, or owner; that such

15  guidelines provide reasonable and meaningful notice of likely

16  penalties that may be imposed for proscribed conduct; and that

17  such penalties be consistently applied by the department.

18         (c)  A specific finding of mitigating or aggravating

19  circumstances shall allow the department to impose a penalty

20  other than that provided for in such guidelines. The

21  department shall adopt by rule disciplinary guidelines to

22  designate possible mitigating and aggravating circumstances

23  and the variation and range of penalties permitted for such

24  circumstances. Such mitigating and aggravating circumstances

25  shall also provide for consideration of, and be consistent

26  with, the legislative intent expressed in paragraph (b).

27         (d)  In any proceeding brought under this chapter, the

28  administrative law judge, in recommending penalties in any

29  recommended order, shall follow the penalty guidelines

30  established by the department and shall state in writing any

31  

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 1  mitigating or aggravating circumstances upon which the

 2  recommended penalty is based.

 3         (5)  The department may seek any appropriate civil

 4  legal remedy available to it by filing a civil action in a

 5  court of competent jurisdiction against any person who has,

 6  directly or through a claimant's an owner's representative,

 7  wrongfully submitted a claim as the ultimate owner of property

 8  and improperly received funds from the department in violation

 9  of this chapter.

10         Section 17.  Section 717.1323, Florida Statutes, is

11  created to read:

12         717.1323  Prohibited practices; claim form requests

13  through the Internet or from the department; unregistered

14  activities pertaining to unclaimed property and property

15  subject to a running dormancy period.

16         (1)  No person shall request a claim form from the

17  department or print a claim form from the department's

18  Internet site unless such person:

19         (a)  Has a good-faith belief that such person is, or

20  personally knows, the owner of the unclaimed property, an heir

21  or legatee of the owner, an officer or director of the

22  corporate owner, the trustee of the trust owner, or a former

23  officer, director, or shareholder of the dissolved corporate

24  owner, or has been appointed by a court of competent

25  jurisdiction to represent the owner of the unclaimed property;

26  or

27         (b)  Is registered with the department as a claimant's

28  representative and has a power of attorney to represent a

29  person the registrant believes to be entitled to the unclaimed

30  property or has an agreement to purchase the unclaimed

31  

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 1  property from a person the registrant believes to be entitled

 2  to the unclaimed property.

 3         (2)  A person may not, either directly or indirectly:

 4         (a)  Enter or offer to enter into a contract or

 5  agreement to purchase unclaimed property that has not yet been

 6  reported to the department but is subject to a running

 7  dormancy period;

 8         (b)  Receive a fee from an unclaimed property owner for

 9  locating, notifying, or recovering unclaimed property that has

10  not yet been reported to the department but is subject to a

11  running dormancy period, unless there is a valid written

12  agreement between the holder and the owner of the property

13  that allows such charges to be imposed.

14         (3)  No person may knowingly enter false information

15  onto the website of the Bureau of Unclaimed Property.

16         Section 18.  Section 717.1331, Florida Statutes, is

17  amended to read:

18         717.1331  Actions against holders.--The department may

19  initiate, or cause to be initiated, an action against a holder

20  to enforce a subpoena or recover unclaimed property. If the

21  department prevails in a civil or administrative action to

22  enforce a subpoena or recover unclaimed property initiated by

23  or on behalf of the department, the holder shall be ordered to

24  pay the department reasonable costs and attorney's fees.

25         Section 19.  Section 717.1333, Florida Statutes, is

26  amended to read:

27         717.1333  Evidence; estimations, audit reports,

28  examiner's worksheets, investigative reports, other related

29  documents.--

30         (1)  In any proceeding involving a holder under ss.

31  120.569 and 120.57 in which an auditor, examiner, or

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 1  investigator acting under authority of this chapter is

 2  available for cross-examination, any official written report,

 3  worksheet, or other related paper, or copy thereof, compiled,

 4  prepared, drafted, or otherwise made or received by the

 5  auditor, examiner, or investigator, after being duly

 6  authenticated by the auditor, examiner, or investigator, may

 7  be admitted as competent evidence upon the oath of the

 8  auditor, examiner, or investigator that the report, worksheet,

 9  or related paper was prepared or received as a result of an

10  audit, examination, or investigation of the books and records

11  of the person audited, examined, or investigated, or the agent

12  thereof.

13         (2)  If the records of the holder which are available

14  for the periods subject to this chapter are insufficient to

15  permit the preparation of a report of the unclaimed property

16  due and owing by a holder, the amount due may be reasonably

17  estimated.

18         Section 20.  Section 717.135, Florida Statutes, is

19  amended to read:

20         717.135  Power of attorney Agreement to recover

21  reported property in the custody of the department.--

22         (1)  A power of attorney executed by a claimant to All

23  agreements between a claimant's representative and a claimant

24  for compensation to recover or assist in the recovery of

25  property reported to the department under s. 717.117 shall be

26  in 10-point 11-point type or greater. and:

27         (2)  A power of attorney described in subsection (1)

28  must:

29         (a)  Limit the fees and costs for services to 20

30  percent per unclaimed property account held by the department.

31  Fees and costs for cash accounts shall be based on the value

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 1  of the property at the time the power of attorney agreement

 2  for recovery is signed by the claimant. Fees and costs for

 3  accounts containing securities or other intangible ownership

 4  interests, which securities or interests are not converted to

 5  cash, shall be based on the purchase price of the security as

 6  quoted on a national exchange or other market on which the

 7  property is regularly traded at the time the securities or

 8  other ownership interest is remitted to the claimant or the

 9  claimant's representative. Fees and costs for tangible

10  property or safe-deposit box accounts shall be based on the

11  value of the tangible property or contents of the safe-deposit

12  box at the time the ownership interest is transferred or

13  remitted to the claimant. Total fees and costs on any one

14  account owned by a natural person residing in this country

15  must not exceed $1,000; or

16         (b)  Fully disclose, on such form as the department

17  shall prescribe by rule, that the property is held by the

18  State of Florida Bureau of Unclaimed Property of the

19  Department of Financial Services, Bureau of Unclaimed

20  Property, pursuant to this chapter, the mailing address of the

21  Bureau of Unclaimed Property, the Internet address of the

22  Bureau of Unclaimed Property, the person or name of the entity

23  that held the property prior to the property becoming

24  unclaimed, the date of the holder's last contact with the

25  owner, if known, and the approximate value of the property,

26  and identify which of the following categories of unclaimed

27  property the claimant's owner's representative is seeking to

28  recover, as reported by the holder:

29         1.  Cash accounts.

30         2.  Stale dated checks.

31         3.  Life insurance or annuity contract assets.

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 1         4.  Utility deposits.

 2         5.  Securities or other interests in business

 3  associations.

 4         6.  Wages.

 5         7.  Accounts receivable.

 6         8.  Contents of safe-deposit boxes.

 7  

 8  This subsection Such disclosure shall be on a page signed and

 9  dated by the person asserting entitlement to the unclaimed

10  property. However, paragraph (a) or paragraph (b) shall not

11  apply if probate proceedings must be initiated on behalf of

12  the claimant for an estate that has never been probated.

13         (3)(a)  A power of attorney described in paragraph

14  (2)(b) must state in 12-point type or greater in the order

15  indicated with the blank spaces accurately completed:

16  

17                    FULL DISCLOSURE STATEMENT

18  

19         The Property is Currently held by the State of

20         Florida Department of Financial Services,

21         Bureau of Unclaimed Property, pursuant to

22         Chapter 717, Florida Statutes. The Mailing

23         Address of the Bureau of Unclaimed Property

24         is_______________. The Internet Address of the

25         Bureau of the Unclaimed Property

26         is_______________.

27  

28         The Property was Remitted by:______________.

29  

30         Date of Last Contact:______________________.

31  

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 1         Property Category:_________________________.

 2  

 3         (b)  Immediately above the signature line for the

 4  claimant, a power of attorney described in paragraph (2)(b)

 5  must state in 12-point type or greater:

 6  

 7         Claimant agrees, by signing below, that the

 8         FULL DISCLOSURE STATEMENT has been read and

 9         fully understood.

10         (4)(2)(a)  Powers of attorney Agreements for recovery

11  of cash accounts shall state the value of the unclaimed

12  property and, the unclaimed property account number, and the

13  percentage value of the unclaimed property account to be paid

14  to the claimant and shall also state the percentage value of

15  compensation to be paid to the claimant's representative, if

16  applicable.

17         (b)  Powers of attorney Agreements for recovery of

18  accounts containing securities, safe-deposit box accounts,

19  other intangible or tangible ownership interests, or other

20  types of accounts, except cash accounts, shall state the

21  unclaimed property account number, the number of shares of

22  stock, if applicable, the approximate value of the unclaimed

23  property, and the percentage value of compensation to be paid

24  to the claimant's representative, if applicable.

25         (c)  All powers of attorney disclosures and agreements

26  shall include the:

27         1.  Name, address, and professional license number of

28  the claimant's representative., and,

29         2.  The name, address, and telephone number of the

30  claimant's representative's firm or employer.

31  

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 1         3.  The name, address, and telephone number of the

 2  claimant.

 3         4.  If available, the taxpayer identification number or

 4  social security number, address, and telephone number of the

 5  claimant.

 6         5.  The name and address to whom the warrant is to be

 7  issued, if different than the claimant's name and address.

 8         (d)  The original of all such disclosures and powers of

 9  attorney agreements to pay compensation shall be signed and

10  dated by the claimant of the property and shall be filed with

11  the claim form.

12         (e)(d)  All powers of attorney executed by a claimant

13  to agreements between a claimant's representative and a

14  claimant, who is a natural person, trust, or a dissolved

15  corporation, for compensation to recover or assist in the

16  recovery of property reported to the department under s.

17  717.117 must use the following form on 8 and  1/2 -inch by

18  11-inch paper or on 8 and  1/2 -inch by 14-inch paper with all

19  of the text on one side of the paper and with the other side

20  of the paper left blank; except that, at the option of the

21  owner representative, the department disclosure form may be

22  placed on the reverse side of the agreement. The power of

23  attorney agreement must be accurately completed and executed.

24  No other writing or information shall be printed on the

25  agreement. The title of the power of attorney agreement shall

26  be in bold 14-point type or greater and underlined. Except as

27  otherwise provided in this section, the rest of the power of

28  attorney agreement shall be in 10-point type or greater. All

29  unclaimed property accounts claimed must be identified on the

30  power of attorney by account number agreement. The power of

31  

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 1  attorney agreement must state in bold 12-point type or greater

 2  at the top of the power of attorney in the order indicated:

 3  

 4                    LIMITED POWER OF ATTORNEY

 5  

 6  $_______________= Approximate Dollar Value of the Property

 7  

 8  ________________= Number of Shares of Stock (If Applicable)

 9  

10  ________________= Percent to be Paid as Compensation to

11  Claimant's Representative

12  

13  $_______________= Amount to be Paid to Claimant's

14  Representative

15  

16  $_______________= Net Amount to be Paid to Claimant

17  

18  Property Account Number(s):_____

19  

20                        RECOVERY AGREEMENT

21  

22  $........ = APPROXIMATE DOLLAR VALUE OF UNCLAIMED PROPERTY

23  NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF

24  APPLICABLE):........

25  PROPERTY ACCOUNT NUMBERS:........

26  ........ PERCENT TO BE PAID AS COMPENSATION TO THE CLAIMANT'S

27  REPRESENTATIVE

28  $........ = NET AMOUNT TO BE PAID TO CLAIMANT

29  $........ = AMOUNT TO BE PAID TO CLAIMANT'S REPRESENTATIVE

30  

31  

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 1  THIS AGREEMENT is between: ............ (hereinafter,

 2  CLAIMANT) and ............ (hereinafter, CLAIMANT'S

 3  REPRESENTATIVE) who agree to the following:

 4  

 5         (1)  As consideration for the research efforts in

 6  locating and identifying assets due to the CLAIMANT and for

 7  assistance in procuring payment of the assets to the CLAIMANT,

 8  the CLAIMANT authorizes the government to pay to the

 9  CLAIMANT'S REPRESENTATIVE a fee of either:

10         (a)  ........ percent of all assets recovered, or

11         (b)  A flat fee of $ ........ to recover the unclaimed

12  property account identified above.

13  NO FEES ARE TO BE PAID IN ADVANCE.

14         (2)  I have read this agreement and in consideration

15  thereof, do hereby grant the CLAIMANT'S REPRESENTATIVE a

16  limited power of attorney to demand, collect, recover and

17  receive the above compensation from the government in

18  accordance with this agreement.

19         (3)  IT IS HEREBY ACKNOWLEDGED BY ALL PARTIES TO THIS

20  AGREEMENT THAT UNLESS THESE ASSETS ARE RECOVERED, NO FEES, NO

21  COSTS OR CHARGES ARE DUE TO THE CLAIMANT'S REPRESENTATIVE, ITS

22  AGENTS OR ATTORNEYS, AND THIS AGREEMENT WILL BECOME NULL AND

23  VOID.

24  Original Signature of CLAIMANT:...............................

25  DATE:.........................................................

26  CLAIMANT'S Social Security Number or FEID number:.............

27  Make the CLAIMANT'S check payable to:.........................

28  Mail check to this address:...................................

29  ..............................................................

30  The CLAIMANT'S telephone number is:...........................

31  Original Signature of CLAIMANT'S REPRESENTATIVE:..............

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 1  FEID Number of CLAIMANT'S REPRESENTATIVE:.....................

 2  DATE:.........................................................

 3  Address of CLAIMANT'S REPRESENTATIVE:.........................

 4  ..............................................................

 5  Telephone number of CLAIMANT'S REPRESENTATIVE:................

 6  Professional license number of CLAIMANT'S REPRESENTATIVE:

 7  ..............................................................

 8         (f)(e)  All fees, whether expressed as a percentage or

 9  as a flat fee, are subject to the limitations and requirements

10  of subsection (1).

11         (g)  This section does not prohibit:

12         1.  Use of bolding, italics, print of different colors,

13  or text borders as a means of highlighting or stressing

14  certain selected items within the text.

15         2.  Placement of the name, address, and telephone

16  number of the representative's firm or company in the top

17  margin above the words "POWER OF ATTORNEY." No additional

18  writing of any kind may be placed in the top margin,

19  including, but not limited to, logos, license numbers,

20  Internet addresses, or slogans.

21         3.  Placement of the word "pending" prior to the words

22  "NET AMOUNT TO BE PAID CLAIMANT", if it is not yet possible to

23  determine the percentage interest of an heir or legatee prior

24  to a determination on the issue by the probate court.

25         4.  Deletion of the words "Number of Shares of Stock

26  (If Applicable)," if the agreement does not relate to the

27  recovery of securities.

28         5.  Deletion of the words "Percent to be Paid as

29  Compensation to Claimant's Representative," if the power of

30  attorney provides for a flat fee to be paid as compensation to

31  the claimant's representative.

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 1         (5)(3)  As used in this section, "claimant" means the

 2  person on whose behalf a claim is filed.

 3         (6)(4)  This section does not supersede the licensing

 4  requirements of chapter 493.

 5         Section 21.  Section 717.1351, Florida Statutes, is

 6  amended to read:

 7         717.1351  Acquisition of unclaimed property.--

 8         (1)  A person desiring to acquire ownership of or

 9  entitlement to property reported to the department under s.

10  717.117 must be an attorney licensed to practice law in this

11  state, a licensed Florida-certified public accountant, a

12  private investigator licensed under chapter 493, or an

13  employer of a licensed private investigator which employer

14  possesses a Class "A" license under chapter 493 and must be

15  registered with the department under this chapter.

16         (2)  All contracts to acquire ownership of or

17  entitlement to unclaimed property from the person or persons

18  entitled to the unclaimed property must be in 10-point type or

19  greater and must:

20         (a)  Have a purchase price that discounts the value of

21  the unclaimed property at the time the agreement is executed

22  by the seller at no greater than 20 percent per account held

23  by the department. An unclaimed property account must not be

24  discounted in excess of $1,000. However, the $1,000 discount

25  limitation does not apply if probate proceedings must be

26  initiated on behalf of the seller for an estate that has never

27  been probated or if the seller of the unclaimed property is

28  not a natural person or is a person outside the United States;

29  or

30         (b)  Fully disclose, on such form as the department

31  shall prescribe by rule, that the property is held by the

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 1  Bureau of Unclaimed Property of the State of Florida

 2  Department of Financial Services, Bureau of Unclaimed

 3  Property, pursuant to this chapter, the mailing address of the

 4  Bureau of Unclaimed Property, the Internet address of the

 5  Bureau of Unclaimed Property, the person or name of the entity

 6  that held the property prior to the property becoming

 7  unclaimed, the date of the holder's last contact with the

 8  owner, if known, and the approximate value of the property,

 9  and identify which of the following categories of unclaimed

10  property the buyer is seeking to purchase as reported by the

11  holder:

12         1.  Cash accounts.

13         2.  Stale dated checks.

14         3.  Life insurance or annuity contract assets.

15         4.  Utility deposits.

16         5.  Securities or other interests in business

17  associations.

18         6.  Wages.

19         7.  Accounts receivable.

20         8.  Contents of safe-deposit boxes.

21  

22  The purchase agreement described in this paragraph must state

23  in 12-point type or greater in the order indicated with the

24  blank spaces accurately completed:

25  

26                   FULL DISCLOSURE OF STATEMENT

27  

28         The Property is Currently held by the State of

29         Florida Department of Financial Services,

30         Bureau of Unclaimed Property, pursuant to

31         Chapter 717, Florida Statutes. The Mailing

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 1         Address of the Bureau of Unclaimed Property

 2         is_______________. The Internet Address of the

 3         Bureau of the Unclaimed Property

 4         is_______________.

 5  

 6         The Property was Remitted by:______________.

 7  

 8         Date of Last Contact:______________________.

 9  

10         Property Category:_________________________.

11  

12  Immediately above the signature line for the seller, the

13  purchase agreement described in this paragraph must state in

14  12-point type or greater:

15  

16         Seller agrees, by signing below, that the FULL

17         DISCLOSURE STATEMENT has been read and fully

18         understood.

19  

20  Such disclosure shall be on a page signed and dated by the

21  seller of the unclaimed property.

22         (3)  The originals of all such disclosures and

23  agreements to transfer ownership of or entitlement to

24  unclaimed property shall be signed and dated by the seller and

25  shall be filed with the claim form. The claimant shall provide

26  the department with a legible copy of a valid driver's license

27  of the seller at the time the original claim form is filed. If

28  a seller has not been issued a valid driver's license at the

29  time the original claim form is filed, the department shall be

30  provided with a legible copy of a photographic identification

31  of the seller issued by the United States or a foreign nation,

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 1  a state or territory of the United States or a foreign nation,

 2  or a political subdivision or agency thereof. In lieu of

 3  photographic identification, a notarized sworn statement by

 4  the seller may be provided which affirms the seller's identity

 5  and states the seller's full name and address. The seller must

 6  produce to the notary his or her photographic identification

 7  issued by the United States or a state or territory of the

 8  United States, a foreign nation, or a political subdivision or

 9  agency thereof, or other evidence deemed acceptable by

10  department rule. The notary shall indicate the notary's full

11  address on the notarized sworn statement. If a claim is filed

12  without the required identification or the sworn statement

13  with the original claim form and the original agreement to

14  acquire ownership of or entitlement to the unclaimed property,

15  the claim is void.

16         (4)  Any contract to acquire ownership of or

17  entitlement to unclaimed property from the person or persons

18  entitled to the unclaimed property must provide for the

19  purchase price to be remitted to the seller or sellers within

20  10 days after the execution of the contract by the seller or

21  sellers. The contract must specify the unclaimed property

22  account number, the name of the holder who reported the

23  property to the department, the category of unclaimed

24  property, the value of the unclaimed property account, and the

25  number of shares of stock, if applicable. Proof of payment by

26  check must be filed with the department with the claim.

27         (5)  All agreements to purchase unclaimed property from

28  an owner, who is a natural person, a trust, or a dissolved

29  corporation must use the following form on 8 and  1/2 -inch by

30  11-inch paper or on 8 and  1/2 -inch by 14-inch paper with all

31  of the text on one side of the paper and with the other side

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 1  of the paper left blank; except that, at the option of the

 2  owner representative, the department disclosure form may be

 3  placed on the reverse side of the agreement. The agreement

 4  must be accurately completed and executed. No other writing or

 5  information shall be printed on the agreement. The title of

 6  the agreement shall be in bold 14-point type or greater and

 7  underlined. Except as otherwise provided in this section, the

 8  rest of the agreement shall be in 10-point type or greater.

 9  All unclaimed property accounts to be purchased must be

10  identified on the agreement by account number. The agreement

11  must state in bold 12-point type or greater at the top of the

12  agreement in the order indicated:

13  

14                        PURCHASE AGREEMENT

15  

16  $_______________= Approximate Dollar Value of the Property

17  

18  ________________= Number of Shares of Stock (If Applicable)

19  

20  ________________= Percent of Property to be Paid to Buyer

21  

22  $_______________= Amount to be Paid to Buyer

23  

24  $_______________= Net Amount to be Paid to Seller

25  

26  Property Account Number(s):_____

27         (6)  All agreements shall include:

28         (a)  The name and professional license number of the

29  registrant.

30         (b)  The name, address, and telephone number of the

31  registrant's firm or employer.

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 1         (c)  The name, address, and telephone number of the

 2  seller.

 3         (d)  If available, the taxpayer identification number

 4  or social security number of the seller.

 5         (e)  The name and address to whom the warrant is to be

 6  issued if it is different from the seller's name and address.

 7         (f)  The original signature of the registrant and the

 8  date signed by the registrant.

 9  

10  $........ = APPROXIMATE DOLLAR VALUE OF THE UNCLAIMED PROPERTY

11  PROPERTY ACCOUNT NUMBER(S):...................................

12  NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF

13  APPLICABLE):........

14  ........ PERCENT OF UNCLAIMED PROPERTY TO BE PAID TO THE BUYER

15  $........ = NET AMOUNT TO BE PAID TO OWNER

16  $........ = AMOUNT TO BE PAID TO BUYER

17  THIS AGREEMENT is between: ............ (hereinafter, OWNER)

18  and ............ (hereinafter, BUYER) who agree that the OWNER

19  transfers to the BUYER for a purchase price of $........ all

20  rights to the above identified unclaimed property accounts.

21  Original Signature of OWNER: .................................

22  DATE:.........................................................

23  OWNER'S Social Security Number or FEID number:................

24  Within 10 days after the execution of this Purchase Agreement

25  by the Owner, Buyer shall remit the OWNER'S check payable to:

26  ..............................................................

27  Mail check to this address:...................................

28  ..............................................................

29  ..............................................................

30  The OWNER'S telephone number is: .............................

31  Original Signature of BUYER: .................................

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 1  FEID Number of BUYER: ........                  DATE: ........

 2  Address of BUYER: ............................................

 3  ..............................................................

 4  Telephone number of BUYER: ...................................

 5  Professional license number of BUYER: ........................

 6         (7)  This section does not prohibit:

 7         (a)  Use of bolding, italics, print of different

 8  colors, or text borders as a means of highlighting or

 9  stressing certain selected items within the text.

10         (b)  Placement of the name, address, and telephone

11  number of the registrant's firm or company in the top margin

12  above the words "PURCHASE AGREEMENT." No additional writing of

13  any kind may be placed in the top margin, including, but not

14  limited to, logos, license numbers, Internet addresses, or

15  slogans.

16         (c)  Deletion of the words "Number of Shares of Stock,

17  (If Applicable)," if the agreement does not relate to the

18  recovery of securities.

19         (d)  Deletion of the words "Percent of Property to be

20  Paid to Buyer," if the purchase agreement provides for a flat

21  fee to be paid as compensation to the buyer.

22         (8)(6)  This section does not supersede the licensing

23  requirements of chapter 493.

24         Section 22.  Section 717.1381, Florida Statutes, is

25  created to read:

26         717.1381  Void unclaimed property agreement.--

27         (1)  Protecting the interests of owners of unclaimed

28  property is declared to be the public policy of this state. It

29  is in the best interests of the owners of unclaimed property

30  that they have the opportunity to receive the full amount of

31  the unclaimed property returned to them without deduction of

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 1  any fees. Further, it is specifically recognized that the

 2  Legislature has mandated and the state has an obligation to

 3  make meaningful and active efforts to notify owners concerning

 4  their unclaimed property. The state recognizes that this

 5  policy and obligation cannot be fulfilled without providing

 6  the state with the first opportunity to notify the owners of

 7  unclaimed property that they may file a claim for their

 8  property with the department. In furtherance of this policy

 9  and obligation:

10         (a)  Any oral or written agreement or power of attorney

11  for compensation or gain or in the expectation of compensation

12  or gain which includes an unclaimed property account valued at

13  more than $250, which has been made on or before 45 days after

14  the holder or examination report was processed and added to

15  the unclaimed property data base, subsequent to a

16  determination that the report was accurate and that the

17  reported property was the same as the remitted property, is

18  void as contrary to public policy.

19         (b)  Any oral or written agreements that include an

20  unclaimed property account valued at more than $250, owned by

21  another made on or before 45 days after the holder or

22  examination report was processed and added to the unclaimed

23  property database, subsequent to a determination that the

24  report was accurate and that the reported property was the

25  same as the remitted property, is void as contrary to public

26  policy.

27         (2)  A person may not enter into a power of attorney or

28  agreement, or make a solicitation to enter into an agreement,

29  that is void under this section.

30         Section 23.  Section 717.1400, Florida Statutes, is

31  amended to read:

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 1         717.1400  Registration.--

 2         (1)  In order to file claims as a claimant's

 3  representative, acquire ownership of or entitlement to

 4  unclaimed property, receive a distribution of fees and costs

 5  from the department, and obtain unclaimed property dollar

 6  amounts, numbers the number of reported shares of stock, and

 7  the last four digits of social security numbers held by the

 8  department, a private investigator holding a Class "C"

 9  individual license under chapter 493 must register with the

10  department on such form as the department shall prescribe by

11  rule, and must be verified by the applicant. To register with

12  the department, a private investigator must provide:

13         (a)  A legible copy of the applicant's Class "A"

14  business license under chapter 493 or that of the applicant's

15  firm or employer which holds a Class "A" business license

16  under chapter 493.

17         (b)  A legible copy of the applicant's Class "C"

18  individual license issued under chapter 493.

19         (c)  The applicant's business address and telephone

20  number of the applicant's private investigative firm or

21  employer.

22         (d)  The names of agents or employees, if any, who are

23  designated to act on behalf of the private investigator,

24  together with a legible copy of their photo identification

25  issued by an agency of the United States, or a state, or a

26  political subdivision thereof.

27         (e)  Sufficient information to enable the department to

28  disburse funds by electronic funds transfer.

29         (f)  The tax identification number of the private

30  investigator's firm or employer which holds a Class "A"

31  business license under chapter 493.

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 1         (2)  In order to file claims as a claimant's

 2  representative, acquire ownership of or entitlement to

 3  unclaimed property, receive a distribution of fees and costs

 4  from the department, and obtain unclaimed property dollar

 5  amounts, numbers the number of reported shares of stock, and

 6  the last four digits of social security numbers held by the

 7  department, a Florida-certified public accountant must

 8  register with the department on such form as the department

 9  shall prescribe by rule, and must be verified by the

10  applicant. To register with the department a Florida-certified

11  public accountant must provide:

12         (a)  The applicant's Florida Board of Accountancy

13  number.

14         (b)  A legible copy of the applicant's current driver's

15  license showing the full name and current address of such

16  person. If a current driver's license is not available,

17  another form of identification showing the full name and

18  current address of such person or persons shall be filed with

19  the department.

20         (c)  The applicant's business address and telephone

21  number of the applicant's public accounting firm or employer.

22         (d)  The names of agents or employees, if any, who are

23  designated to act on behalf of the Florida-certified public

24  accountant, together with a legible copy of their photo

25  identification issued by an agency of the United States, or a

26  state, or a political subdivision thereof.

27         (e)  Sufficient information to enable the department to

28  disburse funds by electronic funds transfer.

29         (f)  The tax identification number of the accountant's

30  public accounting firm employer.

31  

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 1         (3)  In order to file claims as a claimant's

 2  representative, acquire ownership of or entitlement to

 3  unclaimed property, receive a distribution of fees and costs

 4  from the department, and obtain unclaimed property dollar

 5  amounts, numbers the number of reported shares of stock, and

 6  the last four digits of social security numbers held by the

 7  department, an attorney licensed to practice in this state

 8  must register with the department on such form as the

 9  department shall prescribe by rule, and must be verified by

10  the applicant. To register with the department, such attorney

11  must provide:

12         (a)  The applicant's Florida Bar number.

13         (b)  A legible copy of the applicant's current driver's

14  license showing the full name and current address of such

15  person. If a current driver's license is not available,

16  another form of identification showing the full name and

17  current address of such person or persons shall be filed with

18  the department.

19         (c)  The applicant's business address and telephone

20  number of the applicant's firm or employer.

21         (d)  The names of agents or employees, if any, who are

22  designated to act on behalf of the attorney, together with a

23  legible copy of their photo identification issued by an agency

24  of the United States, or a state, or a political subdivision

25  thereof.

26         (e)  Sufficient information to enable the department to

27  disburse funds by electronic funds transfer.

28         (f)  The tax identification number of the attorney's

29  firm or employer lawyer's employer law firm.

30  

31  

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 1         (4)  Information and documents already on file with the

 2  department prior to the effective date of this provision need

 3  not be resubmitted in order to complete the registration.

 4         (5)  If a material change in the status of a

 5  registration occurs, a registrant must, within 30 days,

 6  provide the department with the updated documentation and

 7  information in writing. Material changes include, but are not

 8  limited to: a designated agent or employee ceasing to act on

 9  behalf of the designating person, a surrender, suspension, or

10  revocation of a license, or a license renewal.

11         (a)  If a designated agent or employee ceases to act on

12  behalf of the person who has designated the agent or employee

13  to act on such person's behalf, the designating person must,

14  within 30 days, inform the Bureau of Unclaimed Property in

15  writing of the termination of agency or employment.

16         (b)  If a registrant surrenders the registrant's

17  license or the license is suspended or revoked, the registrant

18  must, within 30 days, inform the bureau in writing of the

19  surrender, suspension, or revocation.

20         (c)  If a private investigator's Class "C" individual

21  license under chapter 493 or a private investigator's

22  employer's Class "A" business license under chapter 493 is

23  renewed, the private investigator must provide a copy of the

24  renewed license to the department within 30 days after the

25  receipt of the renewed license by the private investigator or

26  the private investigator's employer.

27         (6)  A registrant's firm or employer registrant or

28  applicant for registration may not have a name that might lead

29  another person to conclude that the registrant's firm or

30  employer registrant is affiliated or associated with the

31  United States, or an agency thereof, or a state or an agency

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 1  or political subdivision of a state. The department shall deny

 2  an application for registration or revoke a registration if

 3  the applicant's or registrant's firm or employer applicant or

 4  registrant has a name that might lead another person to

 5  conclude that the firm or employer applicant or registrant is

 6  affiliated or associated with the United States, or an agency

 7  thereof, or a state or an agency or political subdivision of a

 8  state. Names that might lead another person to conclude that

 9  the firm or employer applicant or registrant is affiliated or

10  associated with the United States, or an agency thereof, or a

11  state or an agency or political subdivision of a state,

12  include, but are not limited to, the words United States,

13  Florida, state, bureau, division, department, or government.

14         (7)  The licensing and other requirements of this

15  section must be maintained as a condition of registration with

16  the department.

17         Section 24.  This act shall take effect upon becoming a

18  law.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Revises the law governing the disposition of unclaimed
      property. (See bill for details.)
23  

24  

25  

26  

27  

28  

29  

30  

31  

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