Florida Statutes

Fla. Stat. § 717.126 (2025)

Administrative hearing; burden of proof; proof of entitlement; venue.

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717.126 Administrative hearing; burden of proof; proof of entitlement; venue.—

(1) Any person aggrieved by a decision of the department may petition for a hearing as provided in ss. 120.569 and 120.57. In any proceeding for determination of a claim to property paid or delivered to the department under this chapter, the burden shall be upon the claimant to establish entitlement to the property by a preponderance of evidence. Having the same name as that reported to the department is not sufficient, in the absence of other evidence, to prove entitlement to unclaimed property.

(2) Unless otherwise agreed by the parties, venue shall be in Tallahassee, Leon County, Florida. However, upon the request of a party, the presiding officer may, in the presiding officer’s discretion, conduct the hearing at an alternative remote video location.

History.—s. 27, ch. 87-105; s. 297, ch. 96-410; s. 128, ch. 2004-390.

Notes of Decisions

Cited in 11 cases, 2012–2018 · 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 2× “(2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and ease law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden…”

Atwater v. Citibank Fed. Sav. Bank, 96 So. 3d 1000 (Fla. 3d DCA 2012). · cites it 2× “(2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and case law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden…”

Crescenzo v. Atwater, 136 So. 3d 1248 (Fla. 2d DCA 2014). · cites it 2× “19proceeding as a claim under chapter 717, it seems to us that the solution rests in either an administrative proceeding under section 717.126 or in a separate lawsuit between the aggrieved claimant and the CFO.”

Atwater v. Bruneau, 96 So. 3d 1014 (Fla. 3d DCA 2012). · cites it 2× “(2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and case law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden…”

Yergin v. Georgopolos, 217 So. 3d 155 (Fla. 3d DCA 2017). ““In rendering a determination regarding the merits of an unclaimed property claim, the [department shall rely on the applicable statutory, regulatory, common, and case law.”

Choice Plus, LLC v. Dep't of Fin. Servs., etc., 244 So. 3d 343 (Fla. 2d DCA 2018). · cites it 2× “”); § 717.126, Fla. Stat. (2013) (“[T]he burden shall be upon the claimant to establish entitlement to the property by a preponderance of the evidence.”

Atwater v. Fed. Nat'l Mortg. Ass'n, 96 So. 3d 1009 (Fla. 3d DCA 2012). · cites it 2× “(2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and case law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden…”

Atwater v. Equity One, Inc., 96 So. 3d 1012 (Fla. 3d DCA 2012). · cites it 2× “(2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and case law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden…”

Atwater v. Metro. Mortg. Co., 96 So. 3d 996 (Fla. 3d DCA 2012). · cites it 2× “(2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and case law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden…”

Atwater v. Homeside Lending, Inc., 96 So. 3d 998 (Fla. 3d DCA 2012). · cites it 2× “(2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and case law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden…”

Atwater v. Mortg. Elec. Reg. Sys., Inc., 98 So. 3d 1191 (Fla. 3d DCA 2012). · cites it 2× “of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden shall be upon the claimant to establish with the Department of Financial Services entitlement to the unclaimed property by a preponderance of evidence, and “[ujnless otherwise agreed by…”

— 717.126(1) — 1 case

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