Florida Statutes

Fla. Stat. § 716.07 (2025)

Recovery of escheated property by claimant.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 2012–2024 · leading case: Atwater v. Citibank, F.S.B., Inc., 96 So. 3d 1010 (Fla. 3d DCA 2012).

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Atwater v. Citibank, F.S.B., Inc., 96 So. 3d 1010 (Fla. 3d DCA 2012). · cites it 4× “”); § 716.07(1), Fla. Stat. (2011) (“Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer .”

Atwater v. Citibank Fed. Sav. Bank, 96 So. 3d 1000 (Fla. 3d DCA 2012). · cites it 4× “”); § 716.07(1), Fla. Stat. (2012) (“Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer .”

Atwater v. Bruneau, 96 So. 3d 1014 (Fla. 3d DCA 2012). · cites it 4× “”); § 716.07(1), Fla. Stat. (2011) (“Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer .”

Atwater v. Fed. Nat'l Mortg. Ass'n, 96 So. 3d 1009 (Fla. 3d DCA 2012). · cites it 4× “”); § 716.07(1), Fla. Stat. (2011) (“Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer .”

Atwater v. Equity One, Inc., 96 So. 3d 1012 (Fla. 3d DCA 2012). · cites it 4× “”); § 716.07(1) Fla. Stat. (2011) (“Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer .”

Atwater v. Metro. Mortg. Co., 96 So. 3d 996 (Fla. 3d DCA 2012). · cites it 4× “”); § 716.07(1), Fla. Stat. (2011) (“Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer .”

Atwater v. Homeside Lending, Inc., 96 So. 3d 998 (Fla. 3d DCA 2012). · cites it 4× “”); § 716.07(1), Fla. Stat. (2011) (“Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer .”

Atwater v. Mortg. Elec. Reg. Sys., Inc., 98 So. 3d 1191 (Fla. 3d DCA 2012). · cites it 4× “”); § 716.07(1), Fla. Stat. (2011) (“Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer .”

Univ. of Florida Bd. of Trs., & The Florida Bd. of Governors v. Browning, Boisse (Fla. 1st DCA 2024). “(1973) (referring to “[a]ll money or other property”); § 716.07(1), (4), Fla. Stat. (providing for recovery of escheated “property, funds or money delivered to the state,” and referring to “money or property” and “property, money, or funds claimed”); § 116.”

— 716.07(1) — 9 cases

Atwater v. Citibank, F.S.B., Inc., 96 So. 3d 1010 (Fla. 3d DCA 2012). “”); § 716.07(1), Fla. Stat. (2011) (“Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer .”

Atwater v. Citibank Fed. Sav. Bank, 96 So. 3d 1000 (Fla. 3d DCA 2012). “”); § 716.07(1), Fla. Stat. (2012) (“Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer .”

Atwater v. Bruneau, 96 So. 3d 1014 (Fla. 3d DCA 2012). “”); § 716.07(1), Fla. Stat. (2011) (“Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer .”

Atwater v. Fed. Nat'l Mortg. Ass'n, 96 So. 3d 1009 (Fla. 3d DCA 2012). “”); § 716.07(1), Fla. Stat. (2011) (“Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer .”

Atwater v. Equity One, Inc., 96 So. 3d 1012 (Fla. 3d DCA 2012). “”); § 716.07(1) Fla. Stat. (2011) (“Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer .”

— 716.07(2) — 8 cases

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