SENATE AMENDMENT
Bill No. CS for CS for SB 2994
Amendment No. ___ Barcode 931386
CHAMBER ACTION
Senate House
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11 Senator Clary moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 80, between lines 10 and 11,
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16 insert:
17 Section 82. Subsection (15) of section 717.101,
18 Florida Statutes, is renumbered as subsection (16) and
19 amended, subsections (5) through (18) are renumbered as
20 subsections (6) through (19), respectively, present subsection
21 (19) is renumbered as subsection (21), and new subsections (5)
22 and (20) are added to that section, to read:
23 717.101 Definitions.--As used in this chapter, unless
24 the context otherwise requires:
25 (5) "Claimant" means the person on whose behalf a
26 claim is filed.
27 (16)(15) "Owner" means a depositor in the case of a
28 deposit, a beneficiary in case of a trust or other than a
29 deposit in trust, a claimant, or a payee in the case of other
30 intangible property, or a person having a legal or equitable
31 interest in property subject to this chapter or his or her
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1 legal representative.
2 (20) "Ultimate equitable owner" means a natural person
3 who, directly or indirectly, owns or controls an ownership
4 interest in a corporation, a foreign corporation, an alien
5 business organization, or any other form of business
6 organization, regardless of whether such natural person owns
7 or controls such ownership interest through one or more
8 natural persons or one or more proxies, powers of attorney,
9 nominees, corporations, associations, partnerships, trusts,
10 joint stock companies, or other entities or devices, or any
11 combination thereof.
12 Section 83. Subsection (1) of section 717.106, Florida
13 Statutes, are amended to read:
14 717.106 Bank deposits and funds in financial
15 organizations.--
16 (1) Any demand, savings, or matured time deposit with
17 a banking or financial organization, including deposits that
18 are automatically renewable, and any funds paid toward the
19 purchase of shares, a mutual investment certificate, or any
20 other interest in a banking or financial organization is
21 presumed unclaimed unless the owner has, within 5 years:
22 (a) Increased or decreased the amount of the deposit
23 or presented the passbook or other similar evidence of the
24 deposit for the crediting of interest;
25 (b) Communicated in writing or by telephone with the
26 banking or financial organization concerning the property;
27 (c) Otherwise indicated an interest in the property as
28 evidenced by a memorandum or other record on file with the
29 banking or financial organization;
30 (d) Owned other property to which paragraph (a),
31 paragraph (b), or paragraph (c) is applicable and if the
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1 banking or financial organization communicates in writing with
2 the owner with regard to the property that would otherwise be
3 presumed unclaimed under this subsection at the address to
4 which communications regarding the other property regularly
5 are sent; or
6 (e) Had another relationship with the banking or
7 financial organization concerning which the owner has:
8 1. Communicated in writing with the banking or
9 financial organization; or
10 2. Otherwise indicated an interest as evidenced by a
11 memorandum or other record on file with the banking or
12 financial organization and if the banking or financial
13 organization communicates in writing with the owner with
14 regard to the property that would otherwise be unclaimed under
15 this subsection at the address to which communications
16 regarding the other relationship regularly are sent; or
17 (f) Received first-class mail from the banking or
18 financial organization or a subsidiary of such banking or
19 financial organization, which was not returned as
20 undeliverable, in the ordinary course of business at the
21 address reflected in the banking or financial organization's
22 records.
23 Section 84. Subsection (1) of section 717.107, Florida
24 Statutes, is amended to read:
25 717.107 Funds owing under life insurance policies.--
26 (1) Funds held or owing under any life or endowment
27 insurance policy or annuity contract which has matured or
28 terminated are presumed unclaimed if unclaimed for more than 5
29 years after the funds became due and payable as established
30 from the records of the insurance company holding or owing the
31 funds, but property described in paragraph (3)(b) is presumed
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1 unclaimed if such property is not claimed for more than 2
2 years. The amount presumed unclaimed shall include any amount
3 due and payable under s. 627.4615.
4 Section 85. Section 717.109, Florida Statutes, is
5 amended to read:
6 717.109 Refunds held by business associations.--Except
7 as to the extent otherwise provided ordered by law the court
8 or administrative agency, any sum that a business association
9 has been ordered to refund by a court or administrative agency
10 which has been unclaimed by the owner for more than 1 year
11 after it became payable in accordance with the final
12 determination or order providing for the refund, regardless of
13 whether the final determination or order requires any person
14 entitled to a refund to make a claim for it, is presumed
15 unclaimed.
16 Section 86. Section 717.116, Florida Statutes, is
17 amended to read:
18 717.116 Contents of safe-deposit box or other
19 safekeeping repository.--All tangible and intangible property
20 held by a banking or financial organization in a safe-deposit
21 box or any other safekeeping repository in this state in the
22 ordinary course of the holder's business, and proceeds
23 resulting from the sale of the property permitted by law, that
24 has not been claimed by the owner for more than 3 years after
25 the lease or rental period on the box or other repository has
26 expired are presumed unclaimed.
27 Section 87. Subsections (1), (3), (4), and (7) of
28 section 717.117, Florida Statutes, are amended to read:
29 717.117 Report of unclaimed property.--
30 (1) Every person holding funds or other property,
31 tangible or intangible, presumed unclaimed and subject to
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1 custody as unclaimed property under this chapter shall report
2 to the department on such forms as the department may
3 prescribe by rule. In lieu of forms, a report identifying 25
4 or more different apparent owners must be submitted by the
5 holder may submit the required information via electronic
6 medium as the department may prescribe by rule. The report
7 must include:
8 (a) Except for traveler's checks and money orders, the
9 name, social security number or taxpayer identification
10 number, and date of birth, if known, and last known address,
11 if any, of each person appearing from the records of the
12 holder to be the owner of any property which is presumed
13 unclaimed and which has a value of $50 or more.
14 (b) For unclaimed funds which have a value of $50 or
15 more held or owing under any life or endowment insurance
16 policy or annuity contract, the full name, taxpayer
17 identification number or social security number, date of
18 birth, if known, and last known address of the insured or
19 annuitant and of the beneficiary according to records of the
20 insurance company holding or owing the funds.
21 (c) For all tangible property held in a safe-deposit
22 box or other safekeeping repository, a description of the
23 property and the place where the property is held and may be
24 inspected by the department, and any amounts owing to the
25 holder. Contents of a safe-deposit box or other safekeeping
26 repository which consist of documents or writings of a private
27 nature and which have little or no apparent value shall not be
28 presumed unclaimed.
29 (d) The nature and identifying number, if any, or
30 description of the property and the amount appearing from the
31 records to be due. Items of value under $50 each may be
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1 reported in the aggregate.
2 (e) The date the property became payable, demandable,
3 or returnable, and the date of the last transaction with the
4 apparent owner with respect to the property.
5 (f) Any person or business association or public
6 corporation entity holding funds presumed unclaimed and having
7 a total value of $10 or less may file a zero balance report
8 for that reporting period. The balance brought forward to the
9 new reporting period is zero.
10 (g) Such other information as the department may
11 prescribe by rule as necessary for the administration of this
12 chapter.
13 (h) Credit balances, customer overpayments, security
14 deposits, and refunds having a value of less than $10 shall
15 not be presumed unclaimed.
16 (3) The report must be filed before May 1 of each
17 year. Such report shall apply to the preceding calendar year.
18 If such report is not filed on or before the applicable filing
19 date, the holder shall pay to The department may impose and
20 collect a penalty of $10 per day up to a maximum of for each
21 day the report is delinquent, but such penalty shall not
22 exceed $500 for the failure to timely report or the failure to
23 include in a report information required by this chapter. The
24 penalty shall be remitted to the department within 30 days
25 after the date of the notification to the holder that the
26 penalty is due and owing. As necessary for proper
27 administration of this chapter, the department may waive any
28 penalty due with appropriate justification. On written request
29 by any person required to file a report and upon a showing of
30 good cause, the department may postpone the reporting date.
31 The department must provide information contained in a report
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1 filed with the department to any person requesting a copy of
2 the report or information contained in a report, to the extent
3 the information requested is not confidential, within 90 days
4 after the report has been processed and added to the unclaimed
5 property data base subsequent to a determination that the
6 report is accurate and that the reported property is the same
7 as the remitted property.
8 (4) Holders of inactive accounts having a value of $50
9 or more shall use due diligence to locate apparent owners.
10 (a) When an owner's account becomes inactive, the
11 holder shall conduct at least one search for the apparent
12 owner using due diligence. For purposes of this section,
13 except for banks, credit unions, and state or federal savings
14 associations, an account is inactive if 2 years have
15 transpired after the last owner-initiated account activity, if
16 2 years have transpired after the expiration date on the
17 instrument or contract, or if 2 years have transpired since
18 first-class mail has been returned as undeliverable. With
19 respect to banks, credit unions, and state or federal savings
20 associations, an account is inactive if 2 years have
21 transpired after the last owner-initiated account activity and
22 first-class mail has been returned as undeliverable or 2 years
23 after the expiration date on the instrument or contract and
24 first-class mail has been returned as undeliverable.
25 (b)1. Within 180 days after an account becomes
26 inactive, the holder shall conduct a search to locate the
27 apparent owner of the property. The holder may satisfy such
28 requirement by conducting one annual search for the owners of
29 all accounts which have become inactive during the prior year.
30 (c)2. Within 30 days after receiving updated address
31 information, the holder shall provide notice by telephone or
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1 first-class mail to the current address notifying the apparent
2 owner that the holder is in possession of property which is
3 presumed unclaimed and may be remitted to the department. The
4 notice shall also provide the apparent owner with the address
5 or the telephone number of an office where the apparent owner
6 may claim the property or reestablish the inactive account.
7 (d) The account shall be presumed unclaimed if the
8 holder is not able to contact the apparent owner by telephone,
9 the first-class mail notice is returned to the holder as
10 undeliverable, or the apparent owner does not contact the
11 holder in response to the first-class mail notice.
12 (b) The claim of the apparent owner is not barred by
13 the statute of limitations.
14 (7)(a) This section does shall not apply to the
15 unclaimed patronage refunds as provided for by contract or
16 through bylaw provisions of entities organized under chapter
17 425.
18 (b) This section does not apply to intangible property
19 held, issued, or owing by a business association subject to
20 the jurisdiction of the United States Surface Transportation
21 Board or its successor federal agency if the apparent owner of
22 such intangible property is a business association. The holder
23 of such property does not have any obligation to report, to
24 pay, or to deliver such property to the department.
25 Section 88. Section 717.118, Florida Statutes, is
26 amended to read:
27 717.118 Notification of apparent owners Notice and
28 publication of lists of unclaimed property.--
29 (1) It is specifically recognized that the state has
30 an obligation to make an effort to notify owners of unclaimed
31 property in a cost-effective manner. In order to provide all
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1 the citizens of this state an effective and efficient program
2 for the recovery of unclaimed property, the department shall
3 use cost-effective means to make at least one active attempt
4 to notify owners of unclaimed property accounts valued at more
5 than $100 with a reported address or taxpayer identification
6 number the existence of unclaimed property held by the
7 department. Such active attempt to notify locate apparent
8 owners shall include any attempt by the department to directly
9 contact the owner. Other means of notification, such as
10 publication of the names of owners in the newspaper, on
11 television, on the Internet, or through other promotional
12 efforts and items in which the department does not directly
13 attempt to contact the owner are expressly declared to be
14 passive attempts. Nothing in this subsection precludes other
15 agencies or entities of state government from notifying owners
16 of the existence of unclaimed property or attempting to notify
17 locate apparent owners of unclaimed property.
18 (2) The following notification requirements shall
19 apply:
20 (a) Notifications that are published or televised may
21 consist of the names of apparent owners of unclaimed property,
22 and information regarding recovery of unclaimed property from
23 the department. Such notification may be televised or
24 published in the county in which the last known address of the
25 apparent owner is located or, if the address is unknown, in
26 the county in which the holder has its principal place of
27 business. Published notifications may be in accordance with s.
28 50.011.
29 (b) Notification provided directly to individual
30 apparent owners shall consist of a description of the property
31 and information regarding recovery of unclaimed property from
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1 the department.
2 (3) The department may publish in the notice any items
3 of more than $100.
4 (3)(4) This section is not applicable to sums payable
5 on traveler's checks, money orders, and other written
6 instruments presumed unclaimed under s. 717.104.
7 Section 89. Subsection (5) of section 717.119, Florida
8 Statutes, is amended to read:
9 717.119 Payment or delivery of unclaimed property.--
10 (5) All intangible and tangible property held in a
11 safe-deposit box or any other safekeeping repository reported
12 under s. 717.117 shall not be delivered to the department
13 until 120 days after the report due date. The delivery of the
14 property, through the United States mail or any other carrier,
15 shall be insured by the holder at an amount equal to the
16 estimated value of the property. Each package shall be clearly
17 marked on the outside "Deliver Unopened." A holder's
18 safe-deposit box contents shall be delivered to the department
19 in a single shipment. In lieu of a single shipment, holders
20 may provide the department with a single detailed shipping
21 schedule that includes package tracking information for all
22 packages being sent pursuant to this section.
23 (a) Holders may remit the value of cash and coins
24 found in unclaimed safe-deposit boxes to the department by
25 cashier's check or by electronic funds transfer, unless the
26 cash or coins have a value above face value. The department
27 shall identify by rule those cash and coin items having a
28 numismatic value. Cash and coin items identified as having a
29 numismatic value shall be remitted to the department in their
30 original form.
31 (b) Any firearm or ammunition found in an unclaimed
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1 safe-deposit box or any other safekeeping repository shall be
2 delivered by the holder to a law enforcement agency for
3 disposal. However, the department is authorized to make a
4 reasonable attempt to ascertain the historical value to
5 collectors of any firearm that has been delivered to the
6 department. Any firearm appearing to have historical value to
7 collectors may be sold by the department pursuant to s.
8 717.122 to a person having a federal firearms license. Any
9 firearm which is not sold pursuant to s. 717.122 shall be
10 delivered by the department to a law enforcement agency in
11 this state for disposal. The department shall not be
12 administratively, civilly, or criminally liable for any
13 firearm delivered by the department to a law enforcement
14 agency in this state for disposal.
15 (c) If such property is not paid or delivered to the
16 department on or before the applicable payment or delivery
17 date, the holder shall pay to the department a penalty of $10
18 for each safe-deposit box shipment received late, but such
19 penalty shall not exceed $1,000. The penalty shall be $100 for
20 a safe-deposit box shipment container that is late 30 days or
21 less. Thereafter, the penalty shall be $500 for a safe-deposit
22 box shipment container that is late for each additional
23 successive 30-day period. The penalty assessed against a
24 holder for a late safe-deposit box shipment container shall
25 not exceed $4,000 annually. The penalty shall be remitted to
26 the department within 30 days after the date of the
27 notification to the holder that the penalty is due and owing.
28 (d) The department may waive any penalty due with
29 appropriate justification, as provided by rule.
30 (e) Upon written request by any person required to
31 deliver safe-deposit box contents, the department may postpone
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1 the delivery.
2 Section 90. Subsection (2) of section 717.1201,
3 Florida Statutes, is amended to read:
4 717.1201 Custody by state; holder relieved from
5 liability; reimbursement of holder paying claim; reclaiming
6 for owner; defense of holder; payment of safe-deposit box or
7 repository charges.--
8 (2) Any holder who has paid money to the department
9 pursuant to this chapter may make payment to any person
10 appearing to the holder to be entitled to payment and, upon
11 filing proof of payment and proof that the payee is was
12 entitled thereto, the department shall forthwith repay
13 reimburse the holder for the payment without deduction of any
14 fee or other charges. If repayment reimbursement is sought for
15 a payment made on a negotiable instrument, including a
16 traveler's check or money order, the holder must be repaid
17 reimbursed under this subsection upon filing proof that the
18 instrument was duly presented and that the payee is payment
19 was made to a person who appeared to the holder to be entitled
20 to payment. The holder shall be repaid reimbursed for payment
21 made under this subsection even if the payment was made to a
22 person whose claim was barred under s. 717.129(1).
23 Section 91. Subsections (1) and (3) of section
24 717.122, Florida Statutes, are amended, and subsection (5) is
25 added to that section, to read:
26 717.122 Public sale of unclaimed property.--
27 (1) Except as provided in subsection (2), the
28 department after the receipt of unclaimed property shall sell
29 it to the highest bidder at public sale on the Internet or at
30 a specified physical location wherever in the judgment of the
31 department the most favorable market for the property involved
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1 exists. The department may decline the highest bid and reoffer
2 the property for sale if in the judgment of the department the
3 bid is insufficient. The department shall have the discretion
4 to withhold from sale any unclaimed property that the
5 department deems to be of benefit to the people of the state.
6 If in the judgment of the department the probable cost of sale
7 exceeds the value of the property, it need not be offered for
8 sale and may be disposed of as the department determines
9 appropriate. Any sale at a specified physical location held
10 under this section must be preceded by a single publication of
11 notice, at least 3 weeks in advance of sale, in a newspaper of
12 general circulation in the county in which the property is to
13 be sold. The department shall proportionately deduct auction
14 fees, preparation costs, and expenses from the amount posted
15 to the owner's account when safe-deposit box contents are
16 sold. No action or proceeding may be maintained against the
17 department for or on account of any decision to decline the
18 highest bid or withhold any unclaimed property from sale.
19 (3) Unless the department deems it to be in the public
20 interest to do otherwise, all securities presumed unclaimed
21 and delivered to the department may be sold upon receipt. Any
22 person making a claim pursuant to this chapter is entitled to
23 receive either the securities delivered to the department by
24 the holder, if they still remain in the hands of the
25 department, or the proceeds received from sale, less any
26 amounts deducted pursuant to subsection (2), but no person has
27 any claim under this chapter against the state, the holder,
28 any transfer agent, any registrar, or any other person acting
29 for or on behalf of a holder for any appreciation in the value
30 of the property occurring after delivery by the holder to the
31 state.
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1 (5) The sale of unclaimed tangible personal property
2 is not subject to tax under chapter 212 when such property is
3 sold by or on behalf of the department pursuant to this
4 section.
5 Section 92. Subsection (1) of section 717.123, Florida
6 Statutes, is amended to read:
7 717.123 Deposit of funds.--
8 (1) All funds received under this chapter, including
9 the proceeds from the sale of unclaimed property under s.
10 717.122, shall forthwith be deposited by the department in the
11 Unclaimed Property Trust Fund. The department shall retain,
12 from funds received under this chapter, an amount not
13 exceeding $15 $8 million from which the department shall make
14 prompt payment of claims allowed by the department and shall
15 pay the costs incurred by the department in administering and
16 enforcing this chapter. All remaining funds received by the
17 department under this chapter shall be deposited by the
18 department into the State School Fund.
19 Section 93. Section 717.124, Florida Statutes, is
20 amended to read:
21 717.124 Unclaimed property claims Filing of claim with
22 department.--
23 (1) Any person, excluding another state, claiming an
24 interest in any property paid or delivered to the department
25 under this chapter may file with the department a claim on a
26 form prescribed by the department and verified by the claimant
27 or the claimant's representative. The claimant's
28 representative must be an attorney licensed to practice law in
29 this state, a licensed Florida-certified public accountant, or
30 a private investigator licensed under chapter 493. The
31 claimant's representative must be registered with the
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1 department under this chapter. The claimant, or the claimant's
2 representative, shall provide the department with a legible
3 copy of a valid driver's license of the claimant at the time
4 the original claim form is filed. If the claimant has not been
5 issued a valid driver's license at the time the original claim
6 form is filed, the department shall be provided with a legible
7 copy of a photographic identification of the claimant issued
8 by the United States or a foreign nation, a state or territory
9 of the United States or foreign nation, or a political
10 subdivision or agency thereof. In lieu of photographic
11 identification, a notarized sworn statement by the claimant
12 may be provided which affirms the claimant's identity and
13 states the claimant's full name and address. Any claim filed
14 without the required identification or the sworn statement
15 with the original claim form and the original power of
16 attorney, if 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 within 90
3 days after it is filed. Such determination shall contain a
4 notice of rights provided by ss. 120.569 and 120.57. The
5 90-day period shall be extended by 60 days if the department
6 has good cause to need additional time or if the unclaimed
7 property:
8 1. Is owned by a person who has been a debtor in
9 bankruptcy;
10 2. Was reported with an address outside of the United
11 States;
12 3. Is being claimed by a person outside of the United
13 States; or
14 4. Contains documents filed in support of the claim
15 that are not in the English language and have not been
16 accompanied by an English language translation.
17 (d) The department shall deny any claim under which
18 the claimant's representative has refused to authorize the
19 department to reduce the fees and costs to the maximum
20 permitted under this chapter.
21 (2) A claim for a cashier's check or a stock
22 certificate without the original instrument may require an
23 indemnity bond equal to the value of the claim to be provided
24 prior to issue of the stock or payment of the claim by the
25 department.
26 (3) The department may require an affidavit swearing
27 to the authenticity of the claim, lack of documentation, and
28 an agreement to allow the department to provide the name and
29 address of the claimant to subsequent claimants coming forward
30 with substantiated proof to claim the account. This shall
31 apply to claims equal to or less than $250. The exclusive
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1 remedy of a subsequent claimant to the property shall be
2 against the person who received the property from the
3 department.
4 (4)(a) Except as otherwise provided in this chapter,
5 if a claim is determined in favor of the claimant, the
6 department shall deliver or pay over to the claimant the
7 property or the amount the department actually received or the
8 proceeds if it has been sold by the department, together with
9 any additional amount required by s. 717.121.
10 (b)(5)(a) If an owner authorizes an attorney licensed
11 to practice law in this state, Florida-certified public
12 accountant, or private investigator licensed under chapter
13 493, and registered with the department under this chapter,
14 investigative agency which is duly licensed to do business in
15 this state to claim the unclaimed property on the owner's
16 behalf, the department is authorized to make distribution of
17 the property or money in accordance with such power of
18 attorney. The original power of attorney must be executed by
19 the owner and must be filed with the department.
20 (c)(b)1. Payments of approved claims for unclaimed
21 cash accounts shall be made to the owner after deducting any
22 fees and costs authorized pursuant to a written power of
23 attorney. The contents of a safe-deposit box shall be
24 delivered directly to the claimant notwithstanding any
25 agreement to the contrary.
26 2. Payments of fees and costs authorized pursuant to a
27 written power of attorney for approved cash claims shall be
28 made or issued forwarded to the law firm employer of the
29 designated attorney licensed to practice law in this state,
30 the public accountancy firm employer of the licensed
31 Florida-certified public accountant, or the designated
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1 employing private investigative agency licensed by this state.
2 Such payments shall may be made by electronic funds transfer
3 and may be made on such periodic schedule as the department
4 may define by rule, provided the payment intervals do not
5 exceed 31 days. Payment made to an attorney licensed in this
6 state, a Florida-certified public accountant, or a private
7 investigator licensed under chapter 493, operating
8 individually or as a sole practitioner, shall be to the
9 attorney, certified public accountant, or private
10 investigator.
11 3. Payments of approved claims for unclaimed
12 securities and other intangible ownership interests made to an
13 attorney, Florida-certified public accountant, or private
14 investigative agency shall be promptly deposited into a trust
15 or escrow account which is regularly maintained by the
16 attorney, Florida-certified public accountant, or the private
17 investigative agency in a financial institution authorized to
18 accept such deposits and located in this state.
19 (c) Distribution of unclaimed property by the
20 attorney, Florida-certified public accountant, or private
21 investigative agency to the claimant shall be made within 10
22 days following final credit of the deposit into the trust or
23 escrow account at the financial institution, unless a party to
24 the agreement protests in writing such distribution before it
25 is made.
26 (5)(6) The department shall not be administratively,
27 civilly, or criminally liable for any property or funds
28 distributed pursuant to this section, provided such
29 distribution is made in good faith.
30 (6) This section does not supersede the licensing
31 requirements of chapter 493.
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1 Section 94. Section 717.12403, Florida Statutes, is
2 created to read:
3 717.12403 Unclaimed demand, savings, or checking
4 account in a financial institution held in the name of more
5 than one person.--
6 (1)(a) If an unclaimed demand, savings, or checking
7 account in a financial institution is reported as an "and"
8 account in the name of two or more persons who are not
9 beneficiaries, it is presumed that each person must claim the
10 account in order for the claim to be approved by the
11 department. This presumption may be rebutted by showing that
12 entitlement to the account has been transferred to another
13 person or by clear and convincing evidence demonstrating that
14 the account should have been reported by the financial
15 institution as an "or" account.
16 (b) If an unclaimed demand, savings, or checking
17 account in a financial institution is reported as an "and"
18 account and one of the persons on the account is deceased, it
19 is presumed that the account is a survivorship account. This
20 presumption may be rebutted by showing that entitlement to the
21 account has been transferred to another person or by clear and
22 convincing evidence demonstrating that the account is not a
23 survivorship account.
24 (2) If an unclaimed demand, savings, or checking
25 account in a financial institution is reported as an "or"
26 account in the name of two or more persons who are not
27 beneficiaries, it is presumed that either person listed on the
28 account may claim the entire amount held in the account. This
29 presumption may be rebutted by showing that entitlement to the
30 account has been transferred to another person or by clear and
31 convincing evidence demonstrating that the account should have
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1 been reported by the financial institution as an "and"
2 account.
3 (3) If an unclaimed demand, savings, or checking
4 account in a financial institution is reported in the name of
5 two or more persons who are not beneficiaries without
6 identifying whether the account is an "and" account or an "or"
7 account, it is presumed that the account is an "or" account.
8 This presumption may be rebutted by showing that entitlement
9 to the account has been transferred to another person or by
10 clear and convincing evidence demonstrating that the account
11 should have been reported by the financial institution as an
12 "and" account.
13 (4) The department shall be deemed to have made a
14 distribution in good faith if the department remits funds
15 consistent with this section.
16 Section 95. Section 717.12404, Florida Statutes, is
17 created to read:
18 717.12404 Claims on behalf of a business entity or
19 trust.--
20 (1) Claims on behalf of an active or dissolved
21 corporation, for which the last annual report is not available
22 from the Department of State through the Internet, must be
23 accompanied by a microfiche copy of the records on file with
24 the Department of State or, if the corporation has not made a
25 corporate filing with the Department of State, an
26 authenticated copy of the last corporate filing identifying
27 the officers and directors from the appropriate authorized
28 official of the state of incorporation. A claim on behalf of a
29 corporation must be made by an officer or director identified
30 on the last corporate filing.
31 (2) Claims on behalf of a dissolved corporation, a
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1 business entity other than an active corporation, or a trust
2 must include a legible copy of a valid driver's license of the
3 person acting on behalf of the dissolved corporation, business
4 entity other than an active corporation, or trust. If the
5 person has not been issued a valid driver's license, the
6 department shall be provided with a legible copy of a
7 photographic identification of the person issued by the United
8 States or a foreign nation, or a political subdivision or
9 agency thereof. In lieu of photographic identification, a
10 notarized sworn statement by the person may be provided which
11 affirms the person's identity and states the person's full
12 name and address. Any claim filed without the required
13 identification or the sworn statement with the original claim
14 form and the original power of attorney, if applicable, is
15 void.
16 Section 96. Section 717.12405, Florida Statutes, is
17 created to read:
18 717.12405 Claims by estates.--An estate or any person
19 representing an estate or acting on behalf of an estate may
20 claim unclaimed property only after the heir or legatee of the
21 decedent entitled to the property has been located. Any
22 estate, or any person representing an estate or acting on
23 behalf of an estate, that receives unclaimed property before
24 the heir or legatee of the decedent entitled to the property
25 has been located, is personally liable for the unclaimed
26 property and must immediately return the full amount of the
27 unclaimed property or the value thereof to the department in
28 accordance with s. 717.1341.
29 Section 97. Subsection (1) of section 717.1241,
30 Florida Statutes, is amended, and subsection (3) is added to
31 said section, to read:
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1 717.1241 Conflicting claims.--
2 (1) When ownership has been established but
3 conflicting claims have been received by the department, the
4 property shall be remitted as follows, notwithstanding the
5 withdrawal of a claim to the:
6 (a) As between an owner and an owner's representative:
7 1. To the person submitting the first claim that is
8 complete or made complete received by the department; or
9 2. If an owner's claim and an owner's representative's
10 claim are received by the department on the same day and both
11 claims are complete, to the owner;
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 Owner if an owner's claim
15 and an owner's representative's claim are received by the
16 department on the same day; or
17 (c) As between two or more owner's representatives
18 whose claims were complete on the same day, to the owner's
19 representative who has agreed to receive the lowest fee. If
20 two or more owner's representatives whose claims were complete
21 on the same day are charging the same lowest fee, the fees
22 shall be divided equally between the owner's representatives
23 Owner's representative who has the earliest dated contract
24 with the owner if claims by two or more owner's
25 representatives are received by the department on the same
26 day.
27 (3) A claim is complete when entitlement to the
28 unclaimed property has been established.
29 Section 98. Subsection (1) of section 717.1242,
30 Florida Statutes, is amended to read:
31 717.1242 Restatement of jurisdiction of the circuit
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1 court sitting in probate and the department.--
2 (1) It is and has been the intent of the Legislature
3 that, pursuant to s. 26.012(2)(b), circuit courts have
4 jurisdiction of proceedings relating to the settlement of the
5 estates of decedents and other jurisdiction usually pertaining
6 to courts of probate. It is and has been the intent of the
7 Legislature that, pursuant to s. 717.124, the department
8 determines the merits of claims for property paid or delivered
9 to the department under this chapter. Consistent with this
10 legislative intent, any estate or beneficiary, as defined in
11 s. 731.201, heir of an estate seeking to obtain property paid
12 or delivered to the department under this chapter must file a
13 claim with the department as provided in s. 717.124.
14 Section 99. Section 717.1244, Florida Statutes, is
15 created to read:
16 717.1244 Determinations of unclaimed property
17 claims.--In rendering a determination regarding the merits of
18 an unclaimed property claim, the department shall rely on the
19 applicable statutory, regulatory, common, and case law. Agency
20 statements applying the statutory, regulatory, common, and
21 case law to unclaimed property claims are not agency
22 statements subject to s. 120.56(4).
23 Section 100. Section 717.126, Florida Statutes, is
24 amended to read:
25 717.126 Administrative hearing; burden of proof; proof
26 of entitlement; venue.--
27 (1) Any person aggrieved by a decision of the
28 department may petition for a hearing as provided in ss.
29 120.569 and 120.57. In any proceeding for determination of a
30 claim to property paid or delivered to the department under
31 this chapter, the burden shall be upon the claimant to
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1 establish entitlement to the property by a preponderance of
2 evidence. Having the same name as that reported to the
3 department is not sufficient, in the absence of other
4 evidence, to prove entitlement to unclaimed property.
5 (2) Unless otherwise agreed by the parties, venue
6 shall be in Tallahassee, Leon County, Florida. However, upon
7 the request of a party, the presiding officer may, in the
8 presiding officer's discretion, conduct the hearing at an
9 alternative remote video location.
10 Section 101. Section 717.1261, Florida Statutes, is
11 created to read:
12 717.1261 Death certificates.--Any person who claims
13 entitlement to unclaimed property by means of the death of one
14 or more persons shall file a copy of the death certificate of
15 the decedent or decedents that has been certified as being
16 authentic by the issuing governmental agency.
17 Section 102. Section 717.1262, Florida Statutes, is
18 created to read:
19 717.1262 Court documents.--Any person who claims
20 entitlement to unclaimed property by reason of a court
21 document shall file a certified copy of the court document
22 with the department.
23 Section 103. Subsections (1) and (6) of section
24 717.1301, Florida Statutes, are amended to read:
25 717.1301 Investigations; examinations; subpoenas.--
26 (1) The department may make investigations and
27 examinations within or outside this state of claims, reports,
28 and other records within or outside this state as it deems
29 necessary to administer and enforce the provisions of this
30 chapter. In such investigations and examinations the
31 department may administer oaths, examine witnesses, issue
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1 subpoenas, and otherwise gather evidence. The department may
2 request any person who has not filed a report under s. 717.117
3 to file a verified report stating whether or not the person is
4 holding any unclaimed property reportable or deliverable under
5 this chapter.
6 (6) If an investigation or an examination of the
7 records of any person results in the disclosure of property
8 reportable and deliverable under this chapter, the department
9 may assess the cost of investigation or the examination
10 against the holder at the rate of $100 per 8-hour day for each
11 per investigator or examiner. Such fee shall be calculated on
12 an hourly basis and shall be rounded to the nearest hour. The
13 person shall also pay the travel expense and per diem
14 subsistence allowance provided for state employees in s.
15 112.061. The person shall not be required to pay a per diem
16 fee and expenses of an examination or investigation which
17 shall consume more than 30 worker-days in any one year unless
18 such examination or investigation is due to fraudulent
19 practices of the person, in which case such person shall be
20 required to pay the entire cost regardless of time consumed.
21 The fee shall be remitted to the department within 30 days
22 after the date of the notification that the fee is due and
23 owing. Any person who fails to pay the fee within 30 days
24 after the date of the notification that the fee is due and
25 owing shall pay to the department interest at the rate of 12
26 percent per annum on such fee from the date of the
27 notification.
28 Section 104. Subsection (2) of section 717.1315,
29 Florida Statutes, is amended to read:
30 717.1315 Retention of records by owner's
31 representative.--
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1 (2) An owner's representative, operating at two or
2 more places of business in this state, may maintain the books,
3 accounts, and records of all such offices at any one of such
4 offices, or at any other office maintained by such owner's
5 representative, upon the filing of a written notice with the
6 department designating in the written notice the office at
7 which such records are maintained.
8 (3) An However, the owner's representative shall make
9 all books, accounts, and records available at a convenient
10 location in this state upon request of the department.
11 Section 105. Subsection (2) of section 717.132,
12 Florida Statutes, is amended to read:
13 717.132 Enforcement; cease and desist orders;
14 administrative fines.--
15 (2) In addition to any other powers conferred upon it
16 to enforce and administer the provisions of this chapter, the
17 department may issue and serve upon a person an order to cease
18 and desist and to take corrective action whenever the
19 department finds that such person is violating, has violated,
20 or is about to violate any provision of this chapter, any rule
21 or order promulgated under this chapter, or any written
22 agreement entered into with the department. For purposes of
23 this subsection, the term "corrective action" includes
24 refunding excessive charges, requiring a person to return
25 unclaimed property, requiring a holder to remit unclaimed
26 property, and requiring a holder to correct a report that
27 contains errors or omissions. Any such order shall contain a
28 notice of rights provided by ss. 120.569 and 120.57.
29 Section 106. Section 717.1322, Florida Statutes, is
30 created to read:
31 717.1322 Administrative enforcement.--
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1 (1) The following acts are violations of this chapter
2 and constitute grounds for an administrative enforcement
3 action by the department in accordance with the requirements
4 of chapter 120:
5 (a) Failure to comply with any provision of this
6 chapter, any rule or order adopted under this chapter, or any
7 written agreement entered into with the department.
8 (b) Fraud, misrepresentation, deceit, or gross
9 negligence in any matter within the scope of this chapter.
10 (c) Fraudulent misrepresentation, circumvention, or
11 concealment of any matter required to be stated or furnished
12 to an owner or apparent owner under this chapter, regardless
13 of reliance by or damage to the owner or apparent owner.
14 (d) Willful imposition of illegal or excessive charges
15 in any unclaimed property transaction.
16 (e) False, deceptive, or misleading solicitation or
17 advertising within the scope of this chapter.
18 (f) Failure to maintain, preserve, and keep available
19 for examination all books, accounts, or other documents
20 required by this chapter, by any rule or order adopted under
21 this chapter, or by any agreement entered into with the
22 department under this chapter.
23 (g) Refusal to permit inspection of books and records
24 in an investigation or examination by the department or
25 refusal to comply with a subpoena issued by the department
26 under this chapter.
27 (h) Criminal conduct in the course of a person's
28 business.
29 (i) Failure to timely pay any fine imposed or assessed
30 under this chapter or any rule adopted under this chapter.
31 (j) For compensation or gain or in the expectation of
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1 compensation or gain, the filing of a claim for unclaimed
2 property owned by another unless such person is a registered
3 attorney licensed to practice law in this state, registered
4 public accountant certified in this state, or a registered
5 private investigator licensed under chapter 493. This
6 subsection does not apply to a person who has been granted a
7 durable power of attorney to convey and receive all of the
8 real and personal property of the owner, is the
9 court-appointed guardian of the owner, has been employed as an
10 attorney or qualified representative to contest the
11 department's denial of a claim, has been employed as an
12 attorney or qualified representative to contest the
13 department's denial of a claim, or has been employed as an
14 attorney to probate the estate of the owner or an heir or
15 legatee of the owner.
16 (k) Failure to authorize the release of records in the
17 possession of a third party after being requested to do so by
18 the department regarding a pending examination or
19 investigation.
20 (l) Receipt or solicitation of consideration to be
21 paid in advance of the approval of a claim under this chapter.
22 (2) Upon a finding by the department that any person
23 has committed any of the acts set forth in subsection (1), the
24 department may enter an order:
25 (a) Revoking or suspending a registration previously
26 granted under this chapter;
27 (b) Placing a registrant or an applicant for a
28 registration on probation for a period of time and subject to
29 such conditions as the department may specify;
30 (c) Placing permanent restrictions or conditions upon
31 issuance or maintenance of a registration under this chapter;
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1 (d) Issuing a reprimand;
2 (e) Imposing an administrative fine not to exceed
3 $2,000 for each such act; or
4 (f) Prohibiting any person from being a director,
5 officer, agent, employee, or ultimate equitable owner of a
6 10-percent or greater interest in an employer of a registrant.
7 (3) A registrant is subject to the disciplinary
8 actions specified in subsection (2) for violations of
9 subsection (1) by an agent or employee of the registrant's
10 employer if the registrant knew or should have known that such
11 agent or employee was violating any provision of this chapter.
12 (4)(a) The department shall adopt, by rule, and
13 periodically review the disciplinary guidelines applicable to
14 each ground for disciplinary action which may be imposed by
15 the department under this chapter.
16 (b) The disciplinary guidelines shall specify a
17 meaningful range of designated penalties based upon the
18 severity or repetition of specific offenses, or both. It is
19 the legislative intent that minor violations be distinguished
20 from more serious violations; that such guidelines consider
21 the amount of the claim involved, the complexity of locating
22 the owner, the steps taken to ensure the accuracy of the claim
23 by the person filing the claim, the acts of commission and
24 omission of the ultimate owners in establishing themselves as
25 rightful owners of the funds, the acts of commission or
26 omission of the agent or employee of an employer in the filing
27 of the claim, the actual knowledge of the agent, employee,
28 employer, or owner in the filing of the claim, the departure,
29 if any, by the agent or employee from the internal controls
30 and procedures established by the employer with regard to the
31 filing of a claim, the number of defective claims previously
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1 filed by the agent, employee, employer, or owner; that such
2 guidelines provide reasonable and meaningful notice of likely
3 penalties that may be imposed for proscribed conduct; and that
4 such penalties be consistently applied by the department.
5 (c) A specific finding of mitigating or aggravating
6 circumstances shall allow the department to impose a penalty
7 other than that provided for in such guidelines. The
8 department shall adopt by rule disciplinary guidelines to
9 designate possible mitigating and aggravating circumstances
10 and the variation and range of penalties permitted for such
11 circumstances. Such mitigating and aggravating circumstances
12 shall also provide for consideration of, and be consistent
13 with, the legislative intent expressed in paragraph (b).
14 (d) In any proceeding brought under this chapter, the
15 administrative law judge, in recommending penalties in any
16 recommended order, shall follow the penalty guidelines
17 established by the department and shall state in writing any
18 mitigating or aggravating circumstances upon which the
19 recommended penalty is based.
20 (5) The department may seek any appropriate civil
21 legal remedy available to it by filing a civil action in a
22 court of competent jurisdiction against any person who has,
23 directly or through an owner's representative, wrongfully
24 submitted a claim as the ultimate owner of property and
25 improperly received funds from the department in violation of
26 this chapter.
27 Section 107. Section 717.1331, Florida Statutes, is
28 created to read:
29 717.1331 Actions against holders.--The department may
30 initiate, or cause to be initiated, an action against a holder
31 to recover unclaimed property. If the department prevails in a
30
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1 civil or administrative action to recover unclaimed property
2 initiated by or on behalf of the department, the holder shall
3 be ordered to pay the department reasonable costs and
4 attorney's fees.
5 Section 108. Section 717.1333, Florida Statutes, is
6 created to read:
7 717.1333 Evidence; audit reports; examiner's
8 worksheets, investigative reports, other related
9 documents.--In any proceeding involving a holder under ss.
10 120.569 and 120.57 in which an auditor, examiner, or
11 investigator acting under authority of this chapter is
12 available for cross-examination, any official written report,
13 worksheet, or other related paper, or copy thereof, compiled,
14 prepared, drafted, or otherwise made or received by the
15 auditor, examiner, or investigator, after being duly
16 authenticated by the auditor, examiner, or investigator, may
17 be admitted as competent evidence upon the oath of the
18 auditor, examiner, or investigator that the report, worksheet,
19 or related paper was prepared or received as a result of an
20 audit, examination, or investigation of the books and records
21 of the person audited, examined, or investigated, or the agent
22 thereof.
23 Section 109. Subsection (5) is added to section
24 717.134, Florida Statutes, to read:
25 717.134 Penalties and interest.--
26 (5) The department may impose and collect a penalty of
27 $500 per day up to a maximum of $5,000 and 25 percent of the
28 value of property willfully not reported with all of the
29 information required by this chapter. Upon a holder's showing
30 of good cause, the department may waive the penalty or any
31 portion thereof. If the holder acted in good faith and without
31
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1 negligence, the department shall waive the penalty provided
2 herein.
3 Section 110. Section 717.1341, Florida Statutes, is
4 created to read:
5 717.1341 Invalid claims, recovery of property,
6 interest and penalties.--
7 (1)(a) No person shall receive unclaimed property that
8 the person is not entitled to receive. Any person who
9 receives, or assists another person to receive, unclaimed
10 property that the person is not entitled to receive is
11 strictly, jointly, personally, and severally liable for the
12 unclaimed property and shall immediately return the property,
13 or the reasonable value of the property if the property has
14 been damaged or disposed of, to the department plus interest
15 at the rate set annually in accordance with s. 55.03(1).
16 Assisting another person to receive unclaimed property
17 includes executing a claim form on the person's behalf.
18 (b)1. In the case of stocks or bonds which have been
19 sold, the proceeds from the sale shall be returned to the
20 department plus any dividends or interest received thereon
21 plus an amount equal to the brokerage fee plus interest at a
22 rate set annually in accordance with s. 55.03(1) on the
23 proceeds from the sale of the stocks or bonds, the dividends
24 or interest received, and the brokerage fee.
25 2. In the case of stocks or bonds which have not been
26 sold, the stocks or bonds and any dividends or interest
27 received thereon shall be returned to the department, together
28 with interest on the dividends or interest received, at a rate
29 set annually in accordance with s. 55.03(1) of the value of
30 the property.
31 (2) The department may maintain a civil or
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1 administrative action:
2 (a) To recover unclaimed property that was paid or
3 remitted to a person who was not entitled to the unclaimed
4 property or to offset amounts owed to the department against
5 amounts owed to an owner representative;
6 (b) Against a person who assists another person in
7 receiving, or attempting to receive, unclaimed property that
8 the person is not entitled to receive; or
9 (c) Against a person who attempts to receive unclaimed
10 property that the person is not entitled to receive.
11 (3) If the department prevails in any proceeding under
12 subsection (2), a fine not to exceed three times the value of
13 the property received or sought to be received may be imposed
14 on any person who knowingly, or with reckless disregard or
15 deliberate ignorance of the truth, violated this section. If
16 the department prevails in a civil or administrative
17 proceeding under subsection (2), the person who violated
18 subsection (1) shall be ordered to pay the department
19 reasonable costs and attorney's fees.
20 (4) No person shall knowingly file, knowingly conspire
21 to file, or knowingly assist in filing, a claim for unclaimed
22 property the person is not entitled to receive. Any person who
23 violates this subsection regarding unclaimed property of an
24 aggregate value:
25 (a) Greater than $50,000, is guilty of a felony of the
26 first degree, punishable as provided in s. 775.082, s.
27 775.083, or s. 775.084;
28 (b) Greater than $10,000 up to $50,000, is guilty of a
29 felony of the second degree, punishable as provided in s.
30 775.082, s. 775.083, or s. 775.084;
31 (c) Greater than $250 up to $10,000, is guilty of a
33
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1 felony of the third degree, punishable as provided in s.
2 775.082, s. 775.083, or s. 775.084;
3 (d) Greater than $50 up to $250, is guilty of a
4 misdemeanor of the first degree, punishable as provided in s.
5 775.082 or s. 775.083; or
6 (e) Up to $50, is guilty of a misdemeanor of the
7 second degree, punishable as provided in s. 775.082 or s.
8 775.083.
9 Section 111. Section 717.135, Florida Statutes, is
10 amended to read:
11 717.135 Agreement to recover locate reported property
12 in the custody of the department.--
13 (1) All agreements between a claimant's an owner's
14 representative and a claimant an owner for compensation to
15 recover or assist in the recovery of property reported to the
16 department under s. 717.117 shall be in 11-point type or
17 greater and either:
18 (a) Limit the fees and costs for services for each
19 owner contract to $25 for all contracts relating to unclaimed
20 property with a dollar value below $250. For all contracts
21 relating to unclaimed property with a dollar value of $250 and
22 above, fees shall be limited to 20 15 percent per unclaimed on
23 property account held by the department for 24 months or less
24 and 25 percent on property held by the department for more
25 than 24 months. Fees and costs for cash accounts shall be
26 based on the value of the property at the time the agreement
27 for recovery is signed by the claimant apparent owner. Fees
28 and costs for accounts containing securities or other
29 intangible ownership interests, which securities or interests
30 are not converted to cash, shall be based on the purchase
31 price of the security as quoted on a national exchange or
34
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1 other market on which the property ownership interest is
2 regularly traded at the time the securities or other ownership
3 interest is remitted to the claimant owner or the claimant's
4 owner's representative. Fees and costs for tangible property
5 or safe-deposit box accounts shall be based on the value of
6 the tangible property or contents of the safe-deposit box at
7 the time the ownership interest is transferred or remitted to
8 the claimant owner or the owner's representative; or
9 (b) Disclose, on such form as the department shall
10 prescribe by rule, that the property is held by the Bureau of
11 Unclaimed Property of the Department of Financial Services
12 pursuant to this chapter, the person or name of the entity
13 that held the property prior to the property becoming
14 unclaimed, the date of the holder's last contact with the
15 owner, if known, and the approximate value of the property,
16 and identify which of the following categories of unclaimed
17 property the owner's representative is seeking to recover, as
18 reported by the holder:
19 1. Cash accounts.
20 2. Stale dated checks.
21 3. Life insurance or annuity contract assets.
22 4. Utility deposits.
23 5. Securities or other interests in business
24 associations.
25 6. Wages.
26 7. Accounts receivable.
27 8. Contents of safe-deposit boxes.
28
29 Such disclosure shall be on a page signed and dated by the
30 person asserting entitlement to the unclaimed property.
31 However, paragraph (1)(a) or (b) this section shall not apply
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1 if probate proceedings must be initiated on behalf of the
2 claimant for an estate that has never been probated to
3 contracts made in connection with guardianship proceedings or
4 the probate of an estate.
5 (2)(a) Agreements for recovery of cash accounts shall
6 state the value of the unclaimed property, the unclaimed
7 property account number, and the percentage dollar value of
8 the unclaimed property account to be paid to the claimant
9 owner and shall also state the percentage dollar value of
10 compensation to be paid to the claimant's owner's
11 representative.
12 (b) Agreements for recovery of accounts containing
13 securities, safe-deposit box accounts, other intangible or
14 tangible ownership interests, or other types of accounts,
15 except cash accounts, shall state the unclaimed property
16 account number, the number of shares of stock, if applicable,
17 the approximate value of the unclaimed property, and the
18 percentage value of compensation to be paid to the claimant's
19 owner's representative.
20 (c) All disclosures and agreements shall include the
21 name, address, and professional license number of the
22 claimant's owner's representative, and, if available, the
23 taxpayer identification number or social security number,
24 address, and telephone number of the claimant owner. The
25 original of all such disclosures and agreements to pay
26 compensation shall be signed and dated by the claimant owner
27 of the property and shall be filed by the owner's
28 representative with the claim form.
29 (d) All agreements between a claimant's representative
30 and a claimant, who is a natural person, trust, or a dissolved
31 corporation, for compensation to recover or assist in the
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1 recovery of property reported to the department under s.
2 717.117 must use the following form on 8 and 1/2 inch by 11
3 inch paper or on 8 and 1/2 inch by 14 inch paper with all of
4 the text on one side of the paper and with the other side of
5 the paper left blank; except that, at the option of the owner
6 representative, the department disclosure form may be placed
7 on the reverse side of the agreement. The agreement must be
8 accurately completed and executed. No other writing or
9 information shall be printed on the agreement. The title of
10 the agreement shall be in bold 14-point type and underlined.
11 The rest of the agreement shall be in 10-point type or
12 greater. All unclaimed property accounts claimed must be
13 identified on the agreement. The agreement must state:
14 RECOVERY AGREEMENT
15 $__________= APPROXIMATE DOLLAR VALUE OF UNCLAIMED PROPERTY
16 NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF
17 APPLICABLE):________
18 PROPERTY ACCOUNT NUMBERS:____________________
19 __________PERCENT TO BE PAID AS COMPENSATION TO THE CLAIMANT'S
20 REPRESENTATIVE
21 $__________= NET AMOUNT TO BE PAID TO CLAIMANT
22 $__________= AMOUNT TO BE PAID TO CLAIMANT'S REPRESENTATIVE
23
24
25 THIS AGREEMENT is between:
26 _____________________________________________________________
27 (hereinafter, CLAIMANT)
28 and__________________________________________________________
29 (hereinafter, CLAIMANT'S REPRESENTATIVE)
30 who agree to the following:
31 (1) As consideration for the research efforts in
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1 locating and identifying assets due to the CLAIMANT and for
2 assistance in procuring payment of the assets to the CLAIMANT,
3 the CLAIMANT authorizes the government to pay to the
4 CLAIMANT'S REPRESENTATIVE a fee of either:
5 (a) _______ percent of all assets recovered, or
6 (b) A flat fee of $ _________ to recover the unclaimed
7 property account identified above.
8
9 NO FEES ARE TO BE PAID IN ADVANCE.
10 (2) I have read this agreement and in consideration
11 thereof, do hereby grant the CLAIMANT'S REPRESENTATIVE a
12 limited power of attorney to demand, collect, recover and
13 receive the above compensation from the government in
14 accordance with this agreement.
15 (3) IT IS HEREBY ACKNOWLEDGED BY ALL PARTIES TO THIS
16 AGREEMENT THAT UNLESS THESE ASSETS ARE RECOVERED, NO FEES, NO
17 COSTS OR CHARGES ARE DUE TO THE CLAIMANT'S REPRESENTATIVE, ITS
18 AGENTS OR ATTORNEYS, AND THIS AGREEMENT WILL BECOME NULL AND
19 VOID.
20 Original Signature of CLAIMANT:______________________________
21 DATE:__________________________
22 CLAIMANT'S Social Security Number or FEID number:____________
23 Make the CLAIMANT'S check payable to:________________________
24 Mail check to this address:__________________________________
25 _____________________________________________________________
26 The CLAIMANT'S telephone number is:__________________________
27 Original Signature of CLAIMANT'S REPRESENTATIVE:_____________
28 FEID Number of CLAIMANT'S REPRESENTATIVE:____________________
29 DATE:________________________
30 Address of CLAIMANT'S REPRESENTATIVE:________________________
31 _____________________________________________________________
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1 Telephone number of CLAIMANT'S REPRESENTATIVE:_______________
2 Professional license number of CLAIMANT'S REPRESENTATIVE:
3 ____________________
4 (e) All fees, whether expressed as a percentage or as
5 a flat fee, are subject to the limitations and requirements of
6 subsection (1).
7 (3) As used in this section, "claimant" means the
8 person on whose behalf a claim is filed.
9 (4) This section does not supersede the licensing
10 requirements of chapter 493.
11 Section 112. Section 717.1351, Florida Statutes, is
12 created to read:
13 717.1351 Acquisition of unclaimed property.--
14 (1) A person desiring to acquire ownership or
15 entitlement of property reported to the department under s.
16 717.117 must be an attorney licensed to practice law in this
17 state, a licensed Florida-certified public accountant, a
18 private investigator licensed under chapter 493, or an
19 employer of a licensed private investigator which employer
20 possesses a Class "A" license under chapter 493 and must be
21 registered with the department under this chapter.
22 (2) All contracts to acquire ownership or entitlement
23 of unclaimed property from the person or persons entitled to
24 the unclaimed property must be in 10-point type or greater and
25 must:
26 (a) Have a purchase price that discounts the value of
27 the unclaimed property at the time the agreement is executed
28 by the seller at no greater than 20 percent per account held
29 by the department; or
30 (b) Disclose, on such form as the department shall
31 prescribe by rule, that the property is held by the Bureau of
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1 Unclaimed Property of the Department of Financial Services
2 pursuant to this chapter, the person or name of the entity
3 that held the property prior to the property becoming
4 unclaimed, the date of the holder's last contact with the
5 owner, if known, and the approximate value of the property,
6 and identify which of the following categories of unclaimed
7 property buyer is seeking to purchase as reported by the
8 holder:
9 1. Cash accounts.
10 2. Stale dated checks.
11 3. Life insurance or annuity contract assets.
12 4. Utility deposits.
13 5. Securities or other interests in business
14 associations.
15 6. Wages.
16 7. Accounts receivable.
17 8. Contents of safe-deposit boxes.
18
19 Such disclosure shall be on a page signed and dated by the
20 seller of the unclaimed property.
21 (3) The originals of all such disclosures and
22 agreements to transfer ownership or entitlement to unclaimed
23 property shall be signed and dated by the seller and shall be
24 filed with the claim form. The claimant shall provide the
25 department with a legible copy of a valid driver's license of
26 the seller at the time the original claim form is filed. If a
27 seller has not been issued a valid driver's license at the
28 time the original claim form is filed, the department shall be
29 provided with a legible copy of a photographic identification
30 of the seller issued by the United States or a foreign nation,
31 a state or territory of the United States or foreign nation,
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1 or a political subdivision or agency thereof. In lieu of
2 photographic identification, a notarized sworn statement by
3 the seller may be provided which affirms the seller's identity
4 and states the seller's full name and address. If a claim is
5 filed without the required identification or the sworn
6 statement with the original claim form and the original
7 agreement to acquire ownership or entitlement to the unclaimed
8 property, the claim is void.
9 (4) Any contract to acquire ownership or entitlement
10 of unclaimed property from the person or persons entitled to
11 the unclaimed property must provide for the purchase price to
12 be remitted to the seller or sellers within 10 days after the
13 execution of the contract by the seller or sellers. The
14 contract must specify the unclaimed property account number,
15 the value of the unclaimed property account, and the number of
16 shares of stock, if applicable. Proof of payment by check must
17 be filed with the department with the claim.
18 (5) All agreements to purchase unclaimed property from
19 an owner, who is a natural person, a trust, or a dissolved
20 corporation must use the following form on 8 and 1/2 inch by
21 11 inch paper or on 8 and 1/2 inch by 14 inch paper with all
22 of the text on one side of the paper and with the other side
23 of the paper left blank; except that, at the option of the
24 owner representative, the department disclosure form may be
25 placed on the reverse side of the agreement. The agreement
26 must be accurately completed and executed. No other writing or
27 information shall be printed on the agreement. The title of
28 the agreement shall be in bold 14-point type and underlined.
29 The rest of the agreement shall be in 10-point type or
30 greater. All unclaimed property accounts to be purchased must
31 be identified on the agreement. The agreement must state:
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1 PURCHASE AGREEMENT
2 $__________= APPROXIMATE DOLLAR VALUE OF THE UNCLAIMED
3 PROPERTY
4 PROPERTY ACCOUNT NUMBER(S):____________________
5 NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF
6 APPLICABLE):________
7 __________PERCENT OF UNCLAIMED PROPERTY TO BE PAID TO THE
8 BUYER
9 $__________= NET AMOUNT TO BE PAID TO OWNER
10 $__________= AMOUNT TO BE PAID TO BUYER
11 THIS AGREEMENT is between:
12 _____________________________________________________________
13 (hereinafter, OWNER)
14 and_________________________________________________________
15 (hereinafter, BUYER)
16 who agree that the OWNER transfers to the BUYER for a purchase
17 price of $________all rights to the above identified unclaimed
18 property accounts.
19 Original Signature of OWNER:____________________DATE:________
20 OWNER'S Social Security Number or FEID number:_______________
21 Within 10 days after the execution of this Purchase Agreement
22 by the Owner, Buyer shall remit the OWNER'S check payable to:
23 _____________________________________________________________
24 Mail check to this address:__________________________________
25 _____________________________________________________________
26 _____________________________________________________________
27 The OWNER'S telephone number is:_____________________________
28 Original Signature of BUYER:_________________________________
29 FEID Number of BUYER:___________________________DATE:________
30 Address of BUYER:____________________________________________
31 _____________________________________________________________
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1 Telephone number of BUYER: __________________________________
2 Professional license number of BUYER:________________________
3 (6) This section does not supersede the licensing
4 requirements of chapter 493.
5 Section 113. Section 717.1400, Florida Statutes, is
6 created to read:
7 717.1400 Registration.--
8 (1) In order to file claims as a claimant's
9 representative, acquire ownership or entitlement to unclaimed
10 property, receive a distribution of fees and costs from the
11 department, and obtain unclaimed property dollar amounts, the
12 number of reported shares of stock, and the last four digits
13 of social security numbers held by the department, a private
14 investigator holding a Class "C" individual license under
15 chapter 493 must register with the department on such form as
16 the department shall prescribe by rule, and verified by the
17 applicant. To register with the department, a private
18 investigator must provide:
19 (a) A legible copy of the applicant's Class "A"
20 business license under chapter 493 or that of the applicant's
21 employer which holds a Class "A" business license under
22 chapter 493.
23 (b) A legible copy of the applicant's Class "C"
24 individual license issued under chapter 493.
25 (c) The applicant's business address and telephone
26 number.
27 (d) The names of agents or employees, if any, who are
28 designated to act on behalf of the private investigator
29 together with a legible copy of their photo-identification
30 issued by an agency of the United States, or a state, or a
31 political subdivision thereof.
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1 (e) Sufficient information to enable the department to
2 disburse funds by electronic funds transfer.
3 (f) The tax identification number of the private
4 investigator's employer which holds a Class "A" business
5 license under chapter 493.
6 (2) In order to file claims as a claimant's
7 representative, acquire ownership or entitlement to unclaimed
8 property, receive a distribution of fees and costs from the
9 department, and obtain unclaimed property dollar amounts, the
10 number of reported shares of stock, and the last four digits
11 of social security numbers held by the department, a
12 Florida-certified public accountant must register with the
13 department on such form as the department shall prescribe by
14 rule, and must be verified by the applicant. To register with
15 the department a Florida-certified public accountant must
16 provide:
17 (a) The applicant's Florida Board of Accountancy
18 number.
19 (b) A legible copy of the applicant's current driver's
20 license showing the full name and current address of such
21 person. If a current driver's license is not available,
22 another form of identification showing full name and current
23 address of such person or persons shall be filed with the
24 department.
25 (c) The applicant's business address and telephone
26 number.
27 (d) The names of agents or employees, if any, who are
28 designated to act on behalf of the Florida-certified public
29 accountant together with a legible copy of their
30 photo-identification issued by an agency of the United States,
31 or a state, or a political subdivision thereof.
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1 (e) Sufficient information to enable the department to
2 disburse funds by electronic funds transfer.
3 (f) The tax identification number of the accountant's
4 public accounting firm employer.
5 (3) In order to file claims as a claimant's
6 representative, acquire ownership or entitlement to unclaimed
7 property, receive a distribution of fees and costs from the
8 department, and obtain unclaimed property dollar amounts, the
9 number of reported shares of stock, and the last four digits
10 of social security numbers held by the department, an attorney
11 licensed to practice in this state must register with the
12 department on such form as the department shall prescribe by
13 rule, and must be verified by the applicant. To register with
14 the department, such attorney must provide:
15 (a) The applicant's Florida Bar number.
16 (b) A legible copy of the applicant's current driver's
17 license showing the full name and current address of such
18 person. If a current driver's license is not available,
19 another form of identification showing full name and current
20 address of such person or persons shall be filed with the
21 department.
22 (c) The applicant's business address and telephone
23 number.
24 (d) The names of agents or employees, if any, who are
25 designated to act on behalf of the attorney, together with a
26 legible copy of their photo-identification issued by an agency
27 of the United States, or a state, or a political subdivision
28 thereof.
29 (e) Sufficient information to enable the department to
30 disburse funds by electronic funds transfer.
31 (f) The tax identification number of the lawyer's
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1 employer law firm.
2 (4) Information and documents already on file with the
3 department prior to the effective date of this provision need
4 not be resubmitted in order to complete the registration.
5 (5) If a material change in the status of a
6 registration occurs, a registrant must, within 30 days,
7 provide the department with the updated documentation and
8 information in writing. Material changes include, but are not
9 limited to; a designated agent or employee ceasing to act on
10 behalf of the designating person, a surrender, suspension, or
11 revocation of a license, or a license renewal.
12 (a) If a designated agent or employee ceases to act on
13 behalf of the person who has designated the agent or employee
14 to act on such person's behalf, the designating person must,
15 within 30 days, inform the Bureau of Unclaimed Property in
16 writing of the termination of agency or employment.
17 (b) If a registrant surrenders the registrant's
18 license or the license is suspended or revoked, the registrant
19 must, within 30 days, inform the bureau in writing of the
20 surrender, suspension, or revocation.
21 (c) If a private investigator's Class "C" individual
22 license under chapter 493 or a private investigator's
23 employer's Class "A" business license under chapter 493 is
24 renewed, the private investigator must provide a copy of the
25 renewed license to the department within 30 days after the
26 receipt of the renewed license by the private investigator or
27 the private investigator's employer.
28 (6) A registrant or applicant for registration may not
29 have a name that might lead another person to conclude that
30 the registrant is affiliated or associated with the United
31 States, or an agency thereof, or a state or an agency or
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1 political subdivision of a state. The department shall deny an
2 application for registration or revoke a registration if the
3 applicant or registrant has a name that might lead another
4 person to conclude that the applicant or registrant is
5 affiliated or associated with the United States, or an agency
6 thereof, or a state or an agency or political subdivision of a
7 state. Names that might lead another person to conclude that
8 the applicant or registrant is affiliated or associated with
9 the United States, or an agency thereof, or a state or an
10 agency or political subdivision of a state, include, but are
11 not limited to, the words United States, Florida, state,
12 bureau, division, department, or government.
13 Section 114. Subsection (2) of section 212.02, Florida
14 Statutes, is amended to read:
15 212.02 Definitions.--The following terms and phrases
16 when used in this chapter have the meanings ascribed to them
17 in this section, except where the context clearly indicates a
18 different meaning:
19 (2) "Business" means any activity engaged in by any
20 person, or caused to be engaged in by him or her, with the
21 object of private or public gain, benefit, or advantage,
22 either direct or indirect. Except for the sales of any
23 aircraft, boat, mobile home, or motor vehicle, the term
24 "business" shall not be construed in this chapter to include
25 occasional or isolated sales or transactions involving
26 tangible personal property or services by a person who does
27 not hold himself or herself out as engaged in business or
28 sales of unclaimed tangible personal property under s.
29 717.122, but includes other charges for the sale or rental of
30 tangible personal property, sales of services taxable under
31 this chapter, sales of or charges of admission, communication
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1 services, all rentals and leases of living quarters, other
2 than low-rent housing operated under chapter 421, sleeping or
3 housekeeping accommodations in hotels, apartment houses,
4 roominghouses, tourist or trailer camps, and all rentals of or
5 licenses in real property, other than low-rent housing
6 operated under chapter 421, all leases or rentals of or
7 licenses in parking lots or garages for motor vehicles,
8 docking or storage spaces for boats in boat docks or marinas
9 as defined in this chapter and made subject to a tax imposed
10 by this chapter. The term "business" shall not be construed in
11 this chapter to include the leasing, subleasing, or licensing
12 of real property by one corporation to another if all of the
13 stock of both such corporations is owned, directly or through
14 one or more wholly owned subsidiaries, by a common parent
15 corporation; the property was in use prior to July 1, 1989,
16 title to the property was transferred after July 1, 1988, and
17 before July 1, 1989, between members of an affiliated group,
18 as defined in s. 1504(a) of the Internal Revenue Code of 1986,
19 which group included both such corporations and there is no
20 substantial change in the use of the property following the
21 transfer of title; the leasing, subleasing, or licensing of
22 the property was required by an unrelated lender as a
23 condition of providing financing to one or more members of the
24 affiliated group; and the corporation to which the property is
25 leased, subleased, or licensed had sales subject to the tax
26 imposed by this chapter of not less than $667 million during
27 the most recent 12-month period ended June 30. Any tax on such
28 sales, charges, rentals, admissions, or other transactions
29 made subject to the tax imposed by this chapter shall be
30 collected by the state, county, municipality, any political
31 subdivision, agency, bureau, or department, or other state or
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1 local governmental instrumentality in the same manner as other
2 dealers, unless specifically exempted by this chapter.
3 Section 115. Subsection (4) of section 322.142,
4 Florida Statutes, is amended to read:
5 322.142 Color photographic or digital imaged
6 licenses.--
7 (4) The department may maintain a film negative or
8 print file. The department shall maintain a record of the
9 digital image and signature of the licensees, together with
10 other data required by the department for identification and
11 retrieval. Reproductions from the file or digital record shall
12 be made and issued only for departmental administrative
13 purposes, for the issuance of duplicate licenses, in response
14 to law enforcement agency requests, or to the Department of
15 Revenue pursuant to an interagency agreement to facilitate
16 service of process in Title IV-D cases, or to the Department
17 of Financial Services pursuant to an interagency agreement to
18 facilitate the location of owners of unclaimed property, the
19 validation of unclaimed property claims, and the
20 identification of fraudulent or false claims, and are exempt
21 from the provisions of s. 119.07(1).
22 Section 116. Paragraph (l) is added to subsection (4)
23 of section 395.3025, Florida Statutes, and subsection (10) of
24 that section is amended, to read:
25 395.3025 Patient and personnel records; copies;
26 examination.--
27 (4) Patient records are confidential and must not be
28 disclosed without the consent of the person to whom they
29 pertain, but appropriate disclosure may be made without such
30 consent to:
31 (l) The Department of Financial Services, or an agent,
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1 employee, or independent contractor of the department who is
2 auditing for unclaimed property pursuant to chapter 717.
3 (10) The home addresses, telephone numbers, social
4 security numbers, and photographs of employees of any licensed
5 facility who provide direct patient care or security services;
6 the home addresses, telephone numbers, social security
7 numbers, photographs, and places of employment of the spouses
8 and children of such persons; and the names and locations of
9 schools and day care facilities attended by the children of
10 such persons are confidential and exempt from s. 119.07(1) and
11 s. 24(a), Art. I of the State Constitution. However, any state
12 or federal agency that is authorized to have access to such
13 information by any provision of law shall be granted such
14 access in the furtherance of its statutory duties,
15 notwithstanding the provisions of this subsection. The
16 Department of Financial Services, or an agent, employee, or
17 independent contractor of the department who is auditing for
18 unclaimed property pursuant to chapter 717, shall be granted
19 access to the name, address, and social security number of any
20 employee owed unclaimed property. This subsection is subject
21 to the Open Government Sunset Review Act of 1995 in accordance
22 with s. 119.15, and shall stand repealed on October 2, 2004,
23 unless reviewed and saved from repeal through reenactment by
24 the Legislature.
25 Section 117. Section 732.103, Florida Statutes, is
26 amended to read:
27 732.103 Share of other heirs.--The part of the
28 intestate estate not passing to the surviving spouse under s.
29 732.102, or the entire intestate estate if there is no
30 surviving spouse, descends as follows:
31 (1) To the lineal descendants of the decedent.
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1 (2) If there is no lineal descendant, to the
2 decedent's father and mother equally, or to the survivor of
3 them.
4 (3) If there is none of the foregoing, to the
5 decedent's brothers and sisters and the descendants of
6 deceased brothers and sisters.
7 (4) If there is none of the foregoing, the estate
8 shall be divided, one-half of which shall go to the decedent's
9 paternal, and the other half to the decedent's maternal,
10 kindred in the following order:
11 (a) To the grandfather and grandmother equally, or to
12 the survivor of them.
13 (b) If there is no grandfather or grandmother, to
14 uncles and aunts and descendants of deceased uncles and aunts
15 of the decedent.
16 (c) If there is either no paternal kindred or no
17 maternal kindred, the estate shall go to the other kindred who
18 survive, in the order stated above.
19 (5) If there is no kindred of either part, the whole
20 of the property shall go to the kindred of the last deceased
21 spouse of the decedent as if the deceased spouse had survived
22 the decedent and then died intestate entitled to the estate.
23 (6) If there are none of the foregoing and part of the
24 normal family lineage of the intestate decedent cannot be
25 documented because it includes a Holocaust victim, the probate
26 court may extend the right of succession to other persons who
27 the best available evidence shows are surviving heirs. A
28 petition by a person claiming to be such an heir may not be
29 dismissed for failure to comply with an applicable statute of
30 limitations or laches. In addition, the court may allow such a
31 claimant to meet a reasonable, not unduly restrictive,
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1 standard to substantiate a claim, including a claim that a
2 person's whereabouts are unknown as evidence of a decedent if
3 such claim is from a source that a reasonable person would
4 accept as reliable in the conduct of his or her affairs. For
5 purposes of this subsection, the term "Holocaust victim" means
6 a person who disappeared or lost his or her life or property
7 as a result of discriminatory laws, policies, or actions
8 targeted against discreet groups or persons between 1900 and
9 1945, inclusive, in Nazi Germany, areas occupied by Nazi
10 Germany, or countries allied or cooperating with Nazi Germany.
11
12 (Redesignate subsequent sections.)
13
14
15 ================ T I T L E A M E N D M E N T ===============
16 And the title is amended as follows:
17 On page 4, line 30, after the semicolon
18
19 insert:
20 amending s. 717.101, F.S.; providing
21 definitions; amending ss. 717.106, 717.107,
22 717.109, and 717.116, F.S.; revising criteria
23 for presuming as unclaimed certain bank
24 deposits and funds in financial organizations,
25 funds owing under life insurance policies,
26 funds held by business associations, and
27 property held in a safe-deposit box or other
28 safekeeping repository, respectively; amending
29 s. 717.117, F.S.; revising reporting
30 requirements for unclaimed property; presuming
31 certain accounts as unclaimed under certain
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SENATE AMENDMENT
Bill No. CS for CS for SB 2994
Amendment No. ___ Barcode 931386
1 circumstances; providing that certain
2 intangible property is exempt from being
3 reported as unclaimed property under certain
4 conditions; amending s. 717.118, F.S.;
5 providing requirements for notification of
6 apparent owners of unclaimed property; amending
7 s. 717.119, F.S.; revising requirements for
8 delivery of certain unclaimed property;
9 providing penalties for late deliveries;
10 amending s. 717.1201, F.S.; revising certain
11 holder payment and repayment requirements;
12 amending s. 717.122, F.S.; revising certain
13 public sale requirements; authorizing the
14 Department of Financial Services to deduct
15 certain auction fees, costs, and expenses;
16 prohibiting actions or proceedings against the
17 department for certain decisions relating to
18 auctions of unclaimed property; specifying that
19 certain sales of unclaimed property are not
20 subject to the sales tax; amending s. 717.123,
21 F.S.; increasing a maximum amount of funds the
22 department may retain from certain funds
23 received; amending s. 717.124, F.S.; providing
24 additional requirements for filing unclaimed
25 property claims; providing for the return or
26 withdrawal of certain claims under certain
27 circumstances; specifying a time period for
28 department determination of claims; authorizing
29 the department to deny claims under certain
30 circumstances; specifying an exclusive remedy
31 for subsequent claimants; revising requirements
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SENATE AMENDMENT
Bill No. CS for CS for SB 2994
Amendment No. ___ Barcode 931386
1 for a power of attorney; requiring direct
2 delivery of safe-deposit boxes under certain
3 circumstances; revising payment of fees and
4 costs requirements; creating s. 717.12403,
5 F.S.; providing presumptions for certain
6 unclaimed demand, savings, or checking accounts
7 in financial institutions with more than one
8 beneficiary; creating s. 717.12404, F.S.;
9 providing requirements for claims for property
10 reported in the name of an active or dissolved
11 corporation for which the last annual report is
12 unavailable; creating s. 717.12405, F.S.;
13 providing requirements; for claims by estates;
14 amending s. 717.1241, F.S.; revising
15 requirements for remittance of property subject
16 to conflicting claims; amending s. 717.1242,
17 F.S.; clarifying legislative intent relating to
18 filing certain claims; creating s. 717.1244,
19 F.S.; providing criteria for department
20 determinations of claims; amending s. 717.126,
21 F.S.; providing a criterion for proof of
22 entitlement; specifying venue in certain
23 unclaimed property actions; creating s.
24 717.1261, F.S.; requiring a death certificate
25 in claiming entitlement to certain unclaimed
26 property; creating s. 717.1262, F.S.; requiring
27 certain court documents in claiming entitlement
28 to certain unclaimed property; amending s.
29 717.1301, F.S.; revising certain fee and
30 expense requirements for investigations or
31 examinations; providing for interest on such
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SENATE AMENDMENT
Bill No. CS for CS for SB 2994
Amendment No. ___ Barcode 931386
1 amounts under certain circumstances; amending
2 s. 717.1315, F.S.; clarifying a record
3 retention requirement for owner
4 representatives; amending s. 717.132, F.S.;
5 specifying criteria for certain corrective
6 actions; creating s. 717.1322, F.S.; specifying
7 grounds for certain disciplinary actions;
8 providing for certain disciplinary actions;
9 providing penalties; authorizing the department
10 to adopt rules with regard to disciplinary
11 guidelines; creating s. 717.1331, F.S.;
12 providing for department actions against
13 certain lienholders under certain
14 circumstances; creating s. 717.1333, F.S.;
15 providing for admitting certain documents into
16 evidence in certain actions; amending s.
17 717.134, F.S.; authorizing the department to
18 impose and collect penalties for failing to
19 report certain information; authorizing the
20 department waive such penalties under certain
21 circumstances; creating s. 717.1341, F.S.;
22 prohibiting receipt of unentitled unclaimed
23 property; providing for liability for such
24 property under certain circumstances;
25 authorizing the department to maintain certain
26 civil or administrative actions; providing for
27 fines, costs, and attorney fees; prohibiting
28 filing claims for unentitled unclaimed
29 property; providing criminal penalties;
30 amending s. 717.135, F.S.; revising
31 requirements for agreements to recover certain
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SENATE AMENDMENT
Bill No. CS for CS for SB 2994
Amendment No. ___ Barcode 931386
1 property; providing an agreement form; creating
2 s. 717.1351, F.S.; providing requirements for
3 acquisition of unclaimed property by certain
4 persons; providing certain contract
5 requirements; providing a contract form;
6 creating s. 717.1400, F.S.; requiring certain
7 licensed persons to register with the
8 department for certain purposes; providing
9 registration requirements; providing for denial
10 of registration under certain circumstances;
11 providing registration limitations; amending s.
12 212.02, F.S.; revising a definition to conform;
13 amending ss. 322.142 and 395.3025, F.S.;
14 providing for disclosure of certain
15 confidential information to the department
16 under certain circumstances; amending s.
17 723.103, F.S.; authorizing the court, under
18 specified conditions, to extend the right of
19 succession to surviving heirs when the decent's
20 lineage cannot be fully documented because it
21 includes a Holocaust victim; limiting the
22 application of statutes of limitation under
23 certain circumstances; defining the term
24 "Holocaust victim";
25
26
27
28
29
30
31
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