Florida Statute 717.102 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 717
DISPOSITION OF UNCLAIMED PROPERTY

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F.S. 717.102

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.

History.—s. 3, ch. 87-105; s. 2, ch. 2001-36; s. 40, ch. 2024-140.

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Amendments to 717.102

Arrestable Offenses / Crimes under Fla. Stat. 717.102

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 717.102.

Annotations, Discussions, Cases:

Cases Citing Statute 717.102

Total Results: 4

Bondi v. Brito

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-13T00:00:00-07:00

Citation: 159 So. 3d 369, 2015 WL 1088400

Snippet: NERS and $4601.76 to Russell Cooley. . Section 717.102(1), Florida Statutes (2010), like section 43.19

Thrivent Financial For Lutherans v. State of Florida, Dept. of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-05T00:00:00-07:00

Citation: 145 So. 3d 178, 2014 WL 3819476, 2014 Fla. App. LEXIS 11923

Snippet: (emphasis omitted). DFS relies on section 717.102, Florida Statutes, to support its interpretation…of death, even if no claim is made. Subsection 717.102(2) states that “[p]rop-erty is payable or distributable…document required to receive payment.” Section 717.102 is titled a “general rule,” but that general rule

Ago

Court: Fla. Att'y Gen. | Date Filed: 1995-05-04T00:53:00-07:00

Snippet: presumption of abandonment as described in sections 717.102 and717.105-717.116, Florida Statutes, are satisfied

Humana, Inc. v. Department of Banking & Finance

Court: Fla. Dist. Ct. App. | Date Filed: 1992-08-12T00:00:00-07:00

Citation: 603 So. 2d 672, 1992 Fla. App. LEXIS 8929, 1992 WL 191326

Snippet: and to pay a $250 administrative fine. Section 717.102(1), Florida Statutes (1989), provides: (1) All …rise to a presumption of abandonment. See section 717.102, Florida Statutes (1989). Among those requirements