Florida Statute 717.126 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 717
DISPOSITION OF UNCLAIMED PROPERTY

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F.S. 717.126

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.

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Amendments to 717.126

Annotations, Discussions, Cases:

Cases Citing Statute 717.126

Total Results: 11

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

244 So. 3d 343

District Court of Appeal of Florida | Filed: Apr 17, 2018 | Docket: 6365062

Published

that the person is not entitled to receive.”); § 717.126, Fla. Stat. (2013) (“[T]he burden shall be upon

Yergin v. Georgopolos

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

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 4669316

Published

the Florida Administrative Procedures Act. Id. § 717.126(1). Only after a claimant has exhausted these

Crescenzo v. Atwater

136 So. 3d 1248, 2014 WL 1613401, 2014 Fla. App. LEXIS 5866

District Court of Appeal of Florida | Filed: Apr 23, 2014 | Docket: 60239955

Published

either an administrative proceeding under section 717.126 or in a separate lawsuit between the aggrieved

Atwater v. Citibank, F.S.B., Inc.

96 So. 3d 1010, 2012 Fla. App. LEXIS 13470, 2012 WL 3316508

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311367

Published

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, 2012 Fla. App. LEXIS 13464, 2012 WL 3316975

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311622

Published

Disposition of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden

Atwater v. Metropolitan Mortgage Co.

96 So. 3d 996, 2012 Fla. App. LEXIS 13450, 2012 WL 3317029

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311621

Published

Disposition of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden

Atwater v. Federal National Mortgage Ass'n

96 So. 3d 1009, 2012 Fla. App. LEXIS 13472, 2012 WL 3316594

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311366

Published

Disposition of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden

Atwater v. Mortgage Electronic Registration Systems, Inc.

98 So. 3d 1191, 2012 Fla. App. LEXIS 13473, 2012 WL 3316562

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60312119

Published

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, 2012 Fla. App. LEXIS 13453, 2012 WL 3316484

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311368

Published

Disposition of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden

Atwater v. Bruneau

96 So. 3d 1014, 2012 Fla. App. LEXIS 13451, 2012 WL 3316406

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311369

Published

Disposition of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden

Atwater v. Citibank Federal Savings Bank

96 So. 3d 1000, 2012 Fla. App. LEXIS 13465, 2012 WL 3316949

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311364

Published

Disposition of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden