CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...Because the format of Rule 5.042(b) was substantially the same as the format of Rule 1.090(b), paragraph (b) is amended to conform for the sake of clarity. Committee notes revised. *509 Statutory References F.S.
683.01 Legal holidays. F.S. 731.111 Notice to creditors. F.S.
731.301 Notice; method and time; proof. F.S.
732.107 Escheat....
...uted a proceeding for the determination of beneficiaries. (c) Administration. Except as herein provided, escheated estates shall be administered as other estates. Committee Notes This rule represents a rule implementation of the procedure found in F.S. 732.107....
...It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. Statutory Reference F.S. 732.107 Escheat....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...Because the format of Rule 5.042(b) was substantially the same as the format of Rule 1.090(b), paragraph (b) is amended to conform for the sake of clarity. Committee notes revised. Statutory References F.S.
683.01 Legal holidays. F.S. 731.111 Notice to creditors. F.S.
731.301 Notice; method and time; proof. F.S.
732.107 Escheat....
...tuted a proceeding for the determination of beneficiaries. (c)Administration. Except as herein provided, escheated estates shall be administered as other estates. Committee Notes This rule represents a rule implementation of the procedure found in F.S. 732.107....
...It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. Statutory Reference F.S. 732.107 Escheat....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References
683.01, Fla.Stat. Legal holidays. ⅛⅜§ 731.111, Fla.Stat. Notice to creditors.
731.301, Fla.Stat. Notice; method and time; proof.
732.107, Fla.Stat....
...a proceeding for the determination of beneficiaries. (c) Administration. Except as herein provided, escheated estates shall be administered as other estates. Committee Notes This rule represents a rule implementation of the procedure found in R§ion 732.107, Florida Statutes....
...s. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. Statutory References ⅜⅜⅛ 732.107, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 4671, 2006 WL 824566
...the whole estate. The State does not have a right to half of an intestate estate when there are lawful heirs under section
732.103. The two specific provisions of the Florida Probate Code governing the es- *393 cheat of estate property — sections
732.107 and
733.816 — do not in any way displace the rule of descent set forth in section
732.103(4)(c). Section
732.107(1) simply provides that “[w]hen a person leaving an estate dies without being survived by any person entitled to it, the property shall escheat to the state.” 1 Here, the paternal kindred have established their status as lawful heirs under section
732.103(4)(e). Accordingly, the predicate for the operation of
732.107(1)— that “a person leaving an estate [has] die[d] without being survived by any person entitled to it” — does not exist in this case....
...In the absence of maternal heirs, the remaining one-half of the estate must be distributed to the paternal heirs. Affirmed in part, reversed in part, and remanded for further proceedings in accordance with this opinion. *395 FULMER, C.J., and CANADY, J., Concur. SALCINES, J., Concurs in result only. . Section 732.107(1) was amended by chapters 2001-36, § 32, and 2001-226, § 17, Laws of Florida. The amended version of section 732.107(1) provides: “When a person dies leaving an estate without being survived by any person entitled to a part of it, that part shall escheat to the state.” The resolution of this case depends on the statutory provisions effective when the decedent died....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Citation form changes in committee notes. 2003 Revision: Committee notes revised. *1082 Statutory References §
683.01, Fla. Stat. Legal holidays. § 731.111, Fla. Stat. Notice to- creditors. §
731.301, Fla. Stat. Notice, — method and time; proof. §
732.107, Fla....
...proceeding for the determination of beneficiaries. (c) Administration. Except as herein provided, escheated estates shall be administered as other estates. Committee Notes This rule represents a rule implementation of the procedure formerly found in section 732.107, Florida Statutes....
...It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 732.107, Fla....
CopyPublished | Florida 1st District Court of Appeal
...Facts
In 2005, Mrs. Rigley died in St. Petersburg, Florida. In 2007,
the Pinellas County Probate Court determined that Mrs. Rigley
died intestate, having no known beneficiaries. The probate court
ordered “[t]hat under [section 732.107, Florida Statutes (2007)] the
assets of the estate shall escheat to the State of Florida.” Per
section 732.107(2), Mrs....
...Rigley’s real property was sold as provided
in the Florida Probate Rules, and the proceeds were paid to the
Chief Financial Officer for deposit into the State School Fund. The
Department documented receipt of $98,185.79 in cash proceeds
from Mrs. Rigley’s estate and marked it as an “escheated estate.”
Section 732.107(3) provides,
At any time within 10 years after the payment to the
Chief Financial Officer, a person claiming to be entitled
to the proceeds may reopen the administration to assert
entitlement to the proceeds....
...nce
in the context of this case. We disagree as the distinction is the
difference under the facts of this case.
As aforementioned, Mrs. Rigley’s estate funds were
transferred to the Department through the escheat process in the
Probate Code, section 732.107, Florida Statutes (2007). In 2007,
when the probate court determined that Mrs. Rigley died intestate,
her estate “escheated” to the State. § 732.107(1), Fla....
...Thus, unlike unclaimed funds, Mrs. Rigley’s estate funds passed
directly from her ownership to the ownership of the State. After a
ten-year period, the State’s ownership would become absolute with
no other action taken so long as no purported beneficiaries had
come forward. § 732.107(3), Fla....
...in the
State School Fund. See §
717.123. The fact that the funds
end up in the same account, however, does not mean that
they must only be removed from that fund using the same
procedures.
136 So. 3d at 1254-55.
We regard the section
732.107 funds here in the same manner.
The fact that section
732.107 funds are addressed within the ambit
of chapter 717 does not mean that they lose their distinct character
and become subject to the entirety of chapter 717....
...simply assumes that because they are deposited with the Chief
Financial Officer, the funds are subject to all of chapter 717.
Putting oranges and apples into one large bowl does not make
them all oranges.
We disagree that the Legislature intended section 732.107
funds to be treated in the same manner as all other “unclaimed
property.” With regard to much of the “unclaimed property” in
chapter 717, the Department’s role is as a custodian pending
expiration of a dormancy period....
...(2013) (detailing the process for surplus judicial funds, which
may become “unclaimed property to be deposited with the Chief
Financial Officer pursuant to chapter 717”). One obvious
difference between the aforementioned “unclaimed” funds and the
section 732.107 funds is the section 732.107 funds are never
referred to as “unclaimed.” While section 732.107 funds may be
unclaimed in a colloquial sense, the fact that they escheat to the
State upon a determination of intestacy means that the funds are
never without an identifiable or locatable owner like other forms
of “unclaimed” property in chapter 717....
...This is not a distinction
without a difference.
The Department’s Authority
The view that escheated funds are a distinct subset of
“unclaimed funds” as that term is generally used in chapter 717 is
confirmed by the fact that the only reference to section
732.107 in
chapter 717 is in section
717.124....
...nds to the
Department. Section
717.124(8) provides,
This section applies to all unclaimed property reported
and remitted to the Chief Financial Officer, including, but
not limited to, property reported pursuant to ss. 43.19,
45.032,
732.107,
733.816, and
744.534.
(Emphasis added.)
The plain statutory language is clear that only section
717.124
applies to section
732.107 funds. The Department cannot point to
any statutory language stating the entirety of chapter 717 applies
to section
732.107 funds. The specific use of the term “section” as
7
opposed to chapter means that only section
717.124 applies to
funds transferred pursuant to section
732.107. See Maggio v. Fla.
Dep’t of Labor & Employment Security,
899 So. 2d 1074, 1080 (Fla.
2005). Indeed, if the entirety of chapter 717 applied to funds
transferred under section
732.107, then the language in section
717.124(8) would be redundant and meaningless....
...While the Department’s duty to determine the merits of a
claim makes sense with regard to its role as custodian over certain
types of “unclaimed property,” it does not make sense to apply the
panoply of tools in chapter 717 to funds that escheat to the State
under section 732.107....
...the unclaimed funds).
We do not disagree that the Department carries a
responsibility to ensure that funds are properly disbursed to the
rightful owner. Unlike the funds in City of Cape Coral, here there
is no explicit reference to chapter 717 in section 732.107....
...Compare
§
45.032(4), Fla. Stat. (2013) (“Thirty days after termination of the
appointment of the surplus trustee, the clerk shall treat the
remaining funds as unclaimed property to be deposited with
the Chief Financial Officer pursuant to chapter 717”) with §
732.107(2), Fla....
...Bondi specifically
provided, “We take no position regarding the validity or legitimacy
of the circuit court's orders regarding entitlement to or transfer of
the unclaimed funds.” Id. at 373.
We do not read section
717.1242(1) as giving the Department
independent jurisdiction over the merits of section
732.107 funds.
Rather, section
717.1242 confirms that the probate court has
jurisdiction to determine entitlement to the estate. This is clear in
the plain language of section
732.107(3), which directs a party
claiming entitlement to first go to the probate court to “reopen the
administration and assert entitlement to the proceeds.” See also
Fla....
...Instead, the Department rejected the probate
court’s finding and required Choice Plus to again present evidence
of entitlement, despite the fact that the evidence had already been
accepted and ruled upon by the probate court. Such action
amounted to a wholesale rejection of the probate court’s orders in
contravention to section 732.107(3)....
