Florida Statute 716.07 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 716
ESCHEATS

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F.S. 716.07

716.07 Recovery of escheated property by claimant.—

(1) Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer under this chapter, shall, within 5 years from the date of receipt of such property, funds, or money, file a verified claim with the Chief Financial Officer, setting forth the facts upon which such party claims to be entitled to recover such money or property. All claims made for recovery of property, funds, or money, not filed within 5 years from the date that such property, funds, or money is received by the Chief Financial Officer, shall be forever barred, and the Chief Financial Officer shall be without power to consider or determine any claims so made by any claimant after 5 years from the date that the property, funds, or money was received by the Chief Financial Officer.

(2) The Chief Financial Officer shall approve or disapprove the claim. If the claim is approved, the funds, money, or property of the claimant, less any expenses and costs which shall have been incurred by the state in securing the possession of said property, as provided by this chapter, shall be delivered to the claimant by the Chief Financial Officer upon warrant issued according to law and her or his receipt taken therefor. If the court finds, upon any judicial review, that the claimant is entitled to the property, money, or funds claimed, and shall render judgment in her or his or its favor, declaring that the claimant is entitled to such property, funds, or money, then upon presentation of said judgment or a certified copy thereof to the Chief Financial Officer, the Chief Financial Officer shall draw her or his warrant for the amount of money stated in such judgment, without interest or cost to the state, less any sum paid by the state as costs or expenses in securing possession of such property, funds, or money. When payment has been made to any claimant, no action thereafter shall be maintained by any other claimant against the state or any officer thereof, for or on account of such money, property, or funds.

History.—s. 7, ch. 24333, 1947; s. 30, ch. 63-559; ss. 12, 35, ch. 69-106; s. 7, ch. 78-95; s. 848, ch. 97-102; s. 1886, ch. 2003-261.

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Amendments to 716.07

Annotations, Discussions, Cases:

Cases Citing Statute 716.07

Total Results: 9

University of Florida Board of Trustees, and The Florida Board of Governors v. Browning, Boisse

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68404274

Published

(referring to “[a]ll money or other property”); § 716.07(1), (4), Fla. Stat. (providing for recovery of

Atwater v. Equity One, Inc.

96 So. 3d 1012, 2012 Fla. App. LEXIS 13453, 2012 WL 3316484

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311368

Published

Treasury and payable to the ultimate beneficiary.”); § 716.07(1) Fla. Stat. (2011) (“Any person who claims any

Atwater v. Citibank Federal Savings Bank

96 So. 3d 1000, 2012 Fla. App. LEXIS 13465, 2012 WL 3316949

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311364

Published

Treasury and payable to the ultimate beneficiary.”); § 716.07(1), Fla. Stat. (2012) (“Any person who claims