The Florida Senate

717.1241  Conflicting claims.--

(1)  When conflicting claims have been received by the department, the property shall be remitted as follows, notwithstanding the withdrawal of a claim:

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

1.  To the person submitting the first claim that is complete or made complete; or

2.  If an owner's claim and an owner's representative's claim are received by the department on the same day and both claims are complete, to the owner;

(b)  As between two or more owner's representatives, to the owner's representative who has submitted the first claim that is complete or made complete; or

(c)  As between two or more owner's representatives whose claims were complete on the same day, to the owner's representative who has agreed to receive the lowest fee. If two or more owner's representatives whose claims were complete on the same day are charging the same lowest fee, the fees shall be divided equally between the owner's representatives.

(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.

(3)  A claim is complete when entitlement to the unclaimed property has been established.

History.--s. 15, ch. 96-301; s. 24, ch. 2001-36; s. 125, ch. 2004-390.