Florida Statute 717.1242 | 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. 717.1242

717.1242 Restatement of jurisdiction of the circuit court sitting in probate and the department.—

(1) It is and has been the intent of the Legislature that, pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of proceedings relating to the settlement of the estates of decedents and other jurisdiction usually pertaining to courts of probate. It is and has been the intent of the Legislature that, pursuant to this chapter, the department determines the merits of claims and entitlement to unclaimed property paid or delivered to the department under this chapter. Consistent with this legislative intent, any beneficiary, devisee, heir, personal representative, or other interested person, as those terms are defined in the Florida Probate Code and the Florida Trust Code, of an estate seeking to obtain property paid or delivered to the department under this chapter must file a claim with the department as provided in s. 717.124.

(2) If any estate or heir of an estate seeks or obtains an order from a circuit court sitting in probate directing the department to pay or deliver to any person property paid or delivered to the department under this chapter, the estate or heir shall be ordered to pay the department reasonable costs and attorney’s fees in any proceeding brought by the department to oppose, appeal, or collaterally attack the order if the department is the prevailing party in any such proceeding.

History.—s. 16, ch. 96-301; s. 126, ch. 2004-390; s. 12, ch. 2005-163; s. 49, ch. 2024-140.

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Amendments to 717.1242

Arrestable Offenses / Crimes under Fla. Stat. 717.1242

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 717.1242.

Annotations, Discussions, Cases:

Cases Citing Statute 717.1242

Total Results: 3

Choice Plus, LLC v. Department of Financial Services, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-17T00:53:00-07:00

Snippet: “determine the merits of the claims.” Section 717.1242(1), Florida Statutes (2013), provides, It…controlled by chapter 717, such that under section 717.1242 the Chief Financial Officer and the Department…funds.” Id. at 373. We do not read section 717.1242(1) as giving the Department independent jurisdiction…merits of section 732.107 funds. Rather, section 717.1242 confirms that the probate court has jurisdiction

Yergin v. Georgopolos

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-05T00:00:00-07:00

Citation: 217 So. 3d 155, 2017 WL 1277995, 2017 Fla. App. LEXIS 4659

Snippet: Legislature reconciled these provisions in section 717.1242(1), finding that “consistent with [the] legislative… ... must file a claim with the department.” § 717.1242(1), Fla. Stat. (2015). The Legislature then laid…financial services department pursuant to section 717.1242(1), and exhaust his remedies under chapters 717

Atwater v. City of Cape Coral

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-10T00:00:00-07:00

Citation: 120 So. 3d 595, 2013 WL 3449645

Snippet: delivered to the department under this chapter.” § 717.1242(1). Although this provision expressly relates …disposition of the unclaimed surplus funds. See § 717.1242. Because the CFO has the exclusive power to distribute