The Florida Senate

717.1241  Conflicting claims.--

(1)  When ownership has been established but conflicting claims have been filed, the department shall remit the property as follows:

(a)  If both the owner and the owner's representative file claims for the same property:

1.  To the owner, if the owner has appointed the owner's representative as the owner's attorney in fact but has not irrevocably assigned the unclaimed property in whole or in part to the owner's representative; or

2.  To the owner's representative pursuant to s. 717.124 if the owner has irrevocably assigned the unclaimed property in whole or in part to the owner's representative.

(b)  To the owner's representative who first executed a contract with the owner more than 12 months after the property has been reported to the department, unless paragraph (a) applies;

(c)  To the owner's representative who first executed a contract with the owner within 12 months after the property has been reported to the department, unless paragraph (a) or paragraph (b) applies.

(2)  The purpose of this section is solely to provide guidance to the department regarding to whom it should remit the unclaimed property and is not intended to extinguish or affect any private cause of action that any person may have against another person for breach of contract or other statutory or common-law remedy.

History.--s. 15, ch. 96-301.