Florida Senate - 2017                              CS for SB 536
       By the Committee on Banking and Insurance; and Senator Brandes
       597-02141-17                                           2017536c1
    1                        A bill to be entitled                      
    2         An act relating to unclaimed funds held by the clerks
    3         of court; repealing s. 43.19, F.S., relating to the
    4         deposit of unclaimed funds with the Chief Financial
    5         Officer to the credit of the State School Fund;
    6         amending s. 45.032, F.S.; deleting a definition;
    7         requiring the clerk to report as unclaimed property a
    8         surplus under certain circumstances; specifying who is
    9         entitled to a surplus under certain circumstances;
   10         conforming provisions to changes made by the act;
   11         amending s. 45.033, F.S.; conforming a provision to
   12         changes made by the act; repealing s. 45.034, F.S.,
   13         relating to qualifications and appointment of a
   14         surplus trustee in foreclosure actions; amending s.
   15         45.035, F.S.; revising service charges that a clerk
   16         may receive and deduct from surplus; amending ss.
   17         717.124, 717.138, and 717.1401, F.S.; conforming
   18         cross-references; providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Section 43.19, Florida Statutes, is repealed.
   23         Section 2. Paragraph (d) of subsection (1), paragraph (c)
   24  of subsection (3), and subsection (4) of section 45.032, Florida
   25  Statutes, are amended to read:
   26         45.032 Disbursement of surplus funds after judicial sale.—
   27         (1) For purposes of ss. 45.031-45.035, the term:
   28         (d) “Surplus trustee” means a person qualifying as a
   29  surplus trustee pursuant to s. 45.034.
   30         (3) During the 60 days after the clerk issues a certificate
   31  of disbursements, the clerk shall hold the surplus pending a
   32  court order.
   33         (c) If the remainder of the surplus has not been paid to
   34  the owner of record or any subordinate lienholder, it is subject
   35  to s. 717.113 and shall be reported and remitted to the
   36  Department of Financial Services in accordance with ss. 717.117
   37  and 717.119. For purposes of establishing entitlement to the
   38  property, only the owner of record reported by the clerk, or the
   39  estate or beneficiary as defined in s. 731.201 of a deceased
   40  owner of record reported by the clerk, is entitled to the
   41  surplus. Any surplus of less than $10 escheats to no claim is
   42  filed during the 60-day period, the clerk shall appoint a
   43  surplus trustee from a list of qualified surplus trustees as
   44  authorized in s. 45.034. Upon such appointment, the clerk shall
   45  prepare a notice of appointment of surplus trustee and shall
   46  furnish a copy to the surplus trustee. The form of the notice
   47  may be as follows:
   49  (Caption of Action)
   51                        NOTICE OF APPOINTMENT                      
   52                         OF SURPLUS TRUSTEE                        
   54         The undersigned clerk of the court certifies that he or she
   55  disbursed the proceeds received from the sale of the property as
   56  provided in the order or final judgment to the persons named in
   57  the certificate of disbursements, and that surplus funds of
   58  $.... remain and are subject to disbursement to the owner of
   59  record. You have been appointed as surplus trustee for the
   60  purpose of finding the owner of record in order for the clerk to
   61  disburse the surplus, after deducting costs, to the owner of
   62  record.
   63  WITNESS my hand and the seal of the court on ...., ...(year)....
   64  ...(Clerk)...
   65  By ...(Deputy Clerk)...
   67         (4) If the surplus trustee is unable to locate the owner of
   68  record entitled to the surplus within 1 year after appointment,
   69  the appointment shall terminate and the clerk shall notify the
   70  surplus trustee that his or her appointment was terminated.
   71  Thirty days after termination of the appointment of the surplus
   72  trustee, the clerk shall treat the remaining funds as unclaimed
   73  property to be deposited with the Chief Financial Officer
   74  pursuant to chapter 717.
   75         Section 3. Paragraph (d) of subsection (3) of section
   76  45.033, Florida Statutes, is amended, and paragraph (e) of that
   77  subsection is redesignated as paragraph (d), to read:
   78         45.033 Sale or assignment of rights to surplus funds in a
   79  property subject to foreclosure.—
   80         (3) A voluntary transfer or assignment shall be a transfer
   81  or assignment qualified under this subsection, thereby entitling
   82  the transferee or assignee to the surplus funds or a portion or
   83  percentage of the surplus funds, if:
   84         (d) The transferor or assignee is qualified as a surplus
   85  trustee, or could qualify as a surplus trustee, pursuant to s.
   86  45.034.
   87         Section 4. Section 45.034, Florida Statutes, is repealed.
   88         Section 5. Paragraphs (b) and (d) of subsection (2) of
   89  section 45.035, Florida Statutes, are amended, and paragraph (c)
   90  of that subsection is redesignated as paragraph (b), to read:
   91         45.035 Clerk’s fees.—In addition to other fees or service
   92  charges authorized by law, the clerk shall receive service
   93  charges related to the judicial sales procedure set forth in ss.
   94  45.031-45.034 and this section:
   95         (2) If there is a surplus resulting from the sale, the
   96  clerk may receive the following service charges, which shall be
   97  deducted from the surplus:
   98         (b) The clerk is entitled to a service charge of $15 for
   99  notifying a surplus trustee of his or her appointment.
  100         (d) The clerk is entitled to a service charge of $15 for
  101  appointing a surplus trustee, furnishing the surplus trustee
  102  with a copy of the final judgment and the certificate of
  103  disbursements, and disbursing to the surplus trustee the
  104  trustee’s cost advance.
  105         Section 6. Subsection (8) of section 717.124, Florida
  106  Statutes, is amended to read:
  107         717.124 Unclaimed property claims.—
  108         (8) This section applies to all unclaimed property reported
  109  and remitted to the Chief Financial Officer, including, but not
  110  limited to, property reported pursuant to ss. 43.19, 45.032,
  111  732.107, 733.816, and 744.534.
  112         Section 7. Section 717.138, Florida Statutes, is amended to
  113  read:
  114         717.138 Rulemaking authority.—The department shall
  115  administer and provide for the enforcement of this chapter. The
  116  department has authority to adopt rules pursuant to ss.
  117  120.536(1) and 120.54 to implement the provisions of this
  118  chapter. The department may adopt rules to allow for electronic
  119  filing of fees, forms, and reports required by this chapter. The
  120  authority to adopt rules pursuant to this chapter applies to all
  121  unclaimed property reported and remitted to the Chief Financial
  122  Officer, including, but not limited to, property reported and
  123  remitted pursuant to ss. 43.19, 45.032, 732.107, 733.816, and
  124  744.534.
  125         Section 8. Section 717.1401, Florida Statutes, is amended
  126  to read:
  127         717.1401 Repeal.—This chapter shall not repeal, but shall
  128  be additional and supplemental to the existing provisions of ss.
  129  43.18, 43.19, and 402.17 and chapter 716.
  130         Section 9. This act shall take effect July 1, 2017.