Florida Statutes
Fla. Stat. § 717.102 (2025)
Property presumed unclaimed; general rule.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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717.102 Property presumed unclaimed; general rule.—
(1) All intangible property, including any income or increment thereon less any lawful charges, that is held, issued, or owing in the ordinary course of the holder’s business and the owner fails to claim such property for more than 5 years after the property becomes payable or distributable is presumed unclaimed, except as otherwise provided by this chapter.
(2) Property is payable or distributable for the purpose of this chapter notwithstanding the owner’s failure to make demand or to present any instrument or document required to receive payment.
(3) A presumption that property is unclaimed is rebutted by an apparent owner’s expression of interest in the property. An owner’s expression of interest in property includes:
(a) A record communicated by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held;
(b) An oral communication by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held, if the holder or its agent contemporaneously makes and preserves a record of the fact of the apparent owner’s communication;
(c) Presentment of a check or other instrument of payment of a dividend, interest payment, or other distribution, with respect to an account, underlying security, or interest in a business association;
(d) Activity directed by an apparent owner in the account in which the property is held, including accessing the account or information concerning the account, or a direction by the apparent owner to increase, decrease, or otherwise change the amount or type of property held in the account;
(e) A deposit into or withdrawal from an account at a financial organization, excluding an automatic deposit or withdrawal previously authorized by the apparent owner or an automatic reinvestment of dividends or interest, which does not constitute an expression of interest; or
(f) Any other action by the apparent owner which reasonably demonstrates to the holder that the apparent owner knows that the property exists.
(4) If a holder learns or receives confirmation of an apparent owner’s death, the property shall be presumed unclaimed 2 years after the date of death, unless a fiduciary appointed to represent the estate of the apparent owner has made an expression of interest in the property before the expiration of the 2-year period. This subsection may not be construed to extend the otherwise applicable dormancy period prescribed by this chapter.
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 1992–2026 · leading case: Thrivent Fin. For Lutherans v. State of Florida, Dept. of Fin. Servs., 145 So. 3d 178 (Fla. 1st DCA 2014).
Thrivent Fin. For Lutherans v. State of Florida, Dept. of Fin. Servs., 145 So. 3d 178 (Fla. 1st DCA 2014). “DFS relies on section 717.102, Florida Statutes, to support its interpretation that life insurance is due and payable at the time of death, even if no claim is made.”
Alieda Maron v. Chief Fin. Officer of Florida, 136 F.4th 1322 (11th Cir. 2025). “, Fla. Stat. §§ 717.102 (1), 717.105(1), 717.”
Bank of Am., N.A. v. McCann, 444 F. Supp. 2d 1227 (N.D. Fla. 2006). “See § 717.102(1), Fla. Stat. (2005). The Relators assert that Bank of America instead took the funds into income.”
Humana, Inc. v. Dep't of Banking & Fin., 603 So. 2d 672 (Fla. 1st DCA 1992). “See section 717.102, Florida Statutes (1989).”
State of Florida, Ex Rel., Chertok v. Zillow, Inc. (Fla. 1st DCA 2026). “Thus, according to Chertok the funds were “unclaimed funds” under section 717.102, Florida Statutes. And Chertok alleged, under section 717.”
Bondi v. Brito, 159 So. 3d 369 (Fla. 2d DCA 2015). “Section 717.102(1), Florida Statutes (2010), like section 43.”
Allerand Capital, LLC v. Miller (Bankr. D. Del. 2024). “1 (Florida Property Type Code and Dormancy Table) (citing Fla. Stat. § 717.102 ). Customer Overpayments also have a five-year dormancy period, Jd.”
— 717.102(1) — 4 cases
Bank of Am., N.A. v. McCann, 444 F. Supp. 2d 1227 (N.D. Fla. 2006). “See § 717.102(1), Fla. Stat. (2005). The Relators assert that Bank of America instead took the funds into income.”
Bondi v. Brito, 159 So. 3d 369 (Fla. 2d DCA 2015). “Section 717.102(1), Florida Statutes (2010), like section 43.”
Humana, Inc. v. Dep't of Banking & Fin., 603 So. 2d 672 (Fla. 1st DCA 1992). “See section 717.102, Florida Statutes (1989).”
State of Florida, Ex Rel., Chertok v. Zillow, Inc. (Fla. 1st DCA 2026). “Thus, according to Chertok the funds were “unclaimed funds” under section 717.102, Florida Statutes. And Chertok alleged, under section 717.”
— 717.102(2) — 1 case
Thrivent Fin. For Lutherans v. State of Florida, Dept. of Fin. Servs., 145 So. 3d 178 (Fla. 1st DCA 2014). “DFS relies on section 717.102, Florida Statutes, to support its interpretation that life insurance is due and payable at the time of death, even if no claim is made.”
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