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HB1221 • 2026

Department of Financial Services

Department of Financial Services

Budget Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Commerce Committee ; State Administration Budget Subcommittee ; Insurance & Banking Subcommittee ; LaMarca ; (CO-INTRODUCERS) Buchanan
Last action: 2026-03-11
Official status: House - Laid on Table, refer to CS/CS/CS/SB 1452
Effective date: upon becom

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Department of Financial Services

Department of Financial Services; Revises provisions related to DFS including financial subsystems, warrants, firefighter employment, , My Safe Florida Home & Condominium Programs, payments, coordinating council, licensing & examination, fire safety, fire codes, licensee requirements, deferred payment processors, public adjusters, bail bonds, abandoned & unclaimed property, & legal tender.

What This Bill Does

Department of Financial Services; Revises provisions related to DFS including financial subsystems, warrants, firefighter employment, , My Safe Florida Home & Condominium Programs, payments, coordinating council, licensing & examination, fire safety, fire codes, licensee requirements, deferred payment processors, public adjusters, bail bonds, abandoned & unclaimed property, & legal tender.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

446165

Committee amendment H 1221 Filed • LaMarca

Adopted without Objection 2/3/2026

Plain English: COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.

COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.
HB 1221 (2026) Amendment No.
446165 - h1221-line881.docx Published On: 2/2/2026 5:09:37 PM Page 1 of 1 COMMITTEE/SUBCOMMITTEE ACTION ADOPTED (Y/N) ADOPTED AS AMENDED (Y/N) ADOPTED W/O OBJECTION (Y/N) FAILED TO ADOPT (Y/N) WITHDRAWN (Y/N) OTHER Committee/Subcommittee hearing bill: Insurance & Banking 1 Subcommittee 2 Representative LaMarca offered the following: 3 4 Amendment 5 Remove lines 881-885 and insert: 6 2.
Any misdemeanor, no matter when committed, that was 7 directly related to the practice or activities regulated under 8 this chapter Any other felony not already disclosed under 9 subparagraph 1.

969469

Committee amendment H 1221 Filed • LaMarca

Adopted without Objection 2/3/2026

Plain English: COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.

COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.
HB 1221 (2026) Amendment No.
969469 - h1221-line552.docx Published On: 2/2/2026 5:07:32 PM Page 1 of 3 COMMITTEE/SUBCOMMITTEE ACTION ADOPTED (Y/N) ADOPTED AS AMENDED (Y/N) ADOPTED W/O OBJECTION (Y/N) FAILED TO ADOPT (Y/N) WITHDRAWN (Y/N) OTHER Committee/Subcommittee hearing bill: Insurance & Banking 1 Subcommittee 2 Representative LaMarca offered the following: 3 4 Amendment (with directory and title amendments) 5 Remove lines 552-563 and insert: 6 (4) ABANDONED APPLICATIONS.-The department must notify an 7 applicant at least 5 business days before an application is 8 deemed abandoned.
If the applicant responds to such notification 9 within 5 business days of receiving the notice and demonstrates 10 good cause for why the application should not be deemed 11 abandoned, the applicant may submit a subsequent grant 12 application or the department may determine the application is 13 not abandoned.

705863

Committee amendment H 1221 Filed • LaMarca

Adopted without Objection 2/3/2026

Plain English: COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.

COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.
HB 1221 (2026) Amendment No.
705863 - h1221-line1281.docx Published On: 2/2/2026 5:10:16 PM Page 1 of 2 COMMITTEE/SUBCOMMITTEE ACTION ADOPTED (Y/N) ADOPTED AS AMENDED (Y/N) ADOPTED W/O OBJECTION (Y/N) FAILED TO ADOPT (Y/N) WITHDRAWN (Y/N) OTHER Committee/Subcommittee hearing bill: Insurance & Banking 1 Subcommittee 2 Representative LaMarca offered the following: 3 4 Amendment (with title amendment) 5 Between lines 1281 and 1282, insert: 6 Section 17.
Paragraph (c) is added to subsection (2) of 7 section 112.3135, Florida Statutes, to read: 8 112.3135 Restriction on employment of relatives.— 9 (2) 10 (c) To aid the recruitment of firefighters within this 11 state, notwithstanding paragraph (a), a public official may 12 appoint, employ, promote, or advance, or advocate for the 13 appointment, employment, promotion, or advancement of a relative 14 as a firefighter as defined in s.

137601

Committee amendment H 1221 c1 • LaMarca

Adopted without Objection 2/12/2026

Plain English: COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.

COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.
CS/HB 1221 (2026) Amendment No.
1 137601 - h1221 line 2672.docx Published On: 2/11/2026 5:35:37 PM Page 1 of 2 COMMITTEE/SUBCOMMITTEE ACTION ADOPTED (Y/N) ADOPTED AS AMENDED (Y/N) ADOPTED W/O OBJECTION (Y/N) FAILED TO ADOPT (Y/N) WITHDRAWN (Y/N) OTHER Committee/Subcommittee hearing bill: State Administration 1 Budget Subcommittee 2 Representative LaMarca offered the following: 3 4 Amendment 5 Remove lines 2672-2686 and insert: 6 (1) All funds received under this chapter, including the 7 proceeds from the sale of abandoned unclaimed property under s.
8 717.122, shall immediately forthwith be deposited by the 9 department in the Abandoned Unclaimed Property Trust Fund.

340435

Committee amendment H 1221 c1 • LaMarca

Adopted without Objection 2/12/2026

Plain English: COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.

COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.
CS/HB 1221 (2026) Amendment No.
2 340435 - h1221 line 4036.docx Published On: 2/11/2026 5:37:02 PM Page 1 of 14 COMMITTEE/SUBCOMMITTEE ACTION ADOPTED (Y/N) ADOPTED AS AMENDED (Y/N) ADOPTED W/O OBJECTION (Y/N) FAILED TO ADOPT (Y/N) WITHDRAWN (Y/N) OTHER Committee/Subcommittee hearing bill: State Administration 1 Budget Subcommittee 2 Representative LaMarca offered the following: 3 4 Amendment (with title amendment) 5 Between lines 4036 and 4037, insert: 6 Section 1.
Subsection (2) of section 17.11, Florida 7 Statutes, is amended to read: 8 17.11 To report disbursements made.— 9 (2) The Chief Financial Officer shall also cause to have 10 reported from the Financial Management Florida Accounting 11 Information Resource Subsystem no less than quarterly the 12 disbursements which agencies made to small businesses, as 13 defined in the Florida Small and Minority Business Assistance 14 Act; to certified minority business enterprises in the 15 aggregate; and to certified minority business enterprises broken 16 COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.

925823

Committee amendment H 1221 c2 • LaMarca

Adopted without Objection 2/27/2026

Plain English: COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.

COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.
CS/CS/HB 1221 (2026) Amendment No.
925823 - h1221-strike.docx Published On: 2/25/2026 8:38:04 PM Page 1 of 194 COMMITTEE/SUBCOMMITTEE ACTION ADOPTED (Y/N) ADOPTED AS AMENDED (Y/N) ADOPTED W/O OBJECTION (Y/N) FAILED TO ADOPT (Y/N) WITHDRAWN (Y/N) OTHER Committee/Subcommittee hearing bill: Commerce Committee 1 Representative LaMarca offered the following: 2 3 Amendment (with title amendment) 4 Remove everything after the enacting clause and insert: 5 Section 1.
Subsection (2) of section 17.11, Florida 6 Statutes, is amended to read: 7 17.11 To report disbursements made.— 8 (2) The Chief Financial Officer shall also cause to have 9 reported from the Financial Management Florida Accounting 10 Information Resource Subsystem no less than quarterly the 11 disbursements which agencies made to small businesses, as 12 defined in the Florida Small and Minority Business Assistance 13 Act; to certified minority business enterprises in the 14 aggregate; and to certified minority business enterprises broken 15 down into categories of minority persons, as well as gender and 16 COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.

490591

Committee amendment H 1221 c2 • LaMarca

Adopted without Objection 2/27/2026

Plain English: COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.

COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No.
CS/CS/HB 1221 (2026) Amendment No.
490591 - h1221-line3937a1.docx Published On: 2/26/2026 2:56:04 PM Page 1 of 1 COMMITTEE/SUBCOMMITTEE ACTION ADOPTED (Y/N) ADOPTED AS AMENDED (Y/N) ADOPTED W/O OBJECTION (Y/N) FAILED TO ADOPT (Y/N) WITHDRAWN (Y/N) OTHER Committee/Subcommittee hearing bill: Commerce Committee 1 Representative LaMarca offered the following: 2 3 Amendment to Amendment (925823) by Representative LaMarca 4 Remove line 3937 of the amendment and insert: 5 1.
a complete copy of the asset purchase 6

Bill History

2026-03-11 House
• Laid on Table, refer to CS/CS/CS/SB 1452
2026-03-02 House
• Reported out of Commerce Committee • Laid on Table under Rule 7.18(a) • CS Filed • Bill referred to House Calendar • 1st Reading (Committee Substitute 3) • Added to Second Reading Calendar
2026-02-26 House
• Favorable with CS by Commerce Committee
2026-02-24 House
• Added to Commerce Committee agenda
2026-02-16 House
• Referred to Commerce Committee • Now in Commerce Committee
2026-02-13 House
• Laid on Table under Rule 7.18(a) • CS Filed • 1st Reading (Committee Substitute 2)
2026-02-12 House
• Favorable with CS by State Administration Budget Subcommittee • Reported out of State Administration Budget Subcommittee
2026-02-10 House
• Added to State Administration Budget Subcommittee agenda
2026-02-06 House
• Referred to State Administration Budget Subcommittee • Referred to Commerce Committee • Now in State Administration Budget Subcommittee
2026-02-04 House
• Reported out of Insurance & Banking Subcommittee • Laid on Table under Rule 7.18(a) • CS Filed • 1st Reading (Committee Substitute 1)
2026-02-03 House
• Favorable with CS by Insurance & Banking Subcommittee
2026-01-30 House
• Added to Insurance & Banking Subcommittee agenda
2026-01-15 House
• Referred to Insurance & Banking Subcommittee • Referred to State Administration Budget Subcommittee • Referred to Commerce Committee • Now in Insurance & Banking Subcommittee
2026-01-13 House
• 1st Reading (Original Filed Version)
2026-01-08 House
• Filed

Official Summary Text

Department of Financial Services; Revises provisions related to DFS including financial subsystems, warrants, firefighter employment, , My Safe Florida Home & Condominium Programs, payments, coordinating council, licensing & examination, fire safety, fire codes, licensee requirements, deferred payment processors, public adjusters, bail bonds, abandoned & unclaimed property, & legal tender.

Current Bill Text

Read the full stored bill text

CS/CS/CS/HB 1221 2026

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A bill to be entitled 1
An act relating to the Department of Financial 2
Services; amending s. 17.11, F.S.; revising the 3
subsystem used for a certain report of disbursements 4
made; amending s. 17.13, F.S.; requiring the 5
replacement of lost or destroyed warrants; amending s. 6
110.113, F.S.; deleting the Department of Financial 7
Services' authority to make semimonthly salary 8
payments; amending s. 112.3135, F.S.; authorizing a 9
public official to take specified actions in relation 10
to the employment of a relative as a firefighter; 11
amending s. 215.422, F.S.; requiring agencies to pay 12
interest from available appropriations under certain 13
circumstances; amending s. 215.5586, F.S.; defining 14
terms; revising eligibility requirements for a 15
hurricane mitigation inspection under the My Safe 16
Florida Home Program; revising the circumstances under 17
which applicants may submit a subsequent hurricane 18
mitigation inspection; deleting the requirement that 19
licensed inspectors must determine mitigation measures 20
during initial inspections of eligible homes; deleting 21
inspectors' authorization to inspect townhouses; 22
revising the criteria for eligibility for a hurricane 23
mitigation grant; revising the grant's applicant 24
requirements; removing an expiration date for certain 25

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requirements; revising the improvements that grants 26
may be used for; requiring that improvements be 27
identified in the final hurricane mitigation 28
inspection to receive grant funds; deleting a 29
provision related to grants for townhouses; 30
authorizing the program to accept a specified 31
certification directly from applicants; requiring 32
applicants who receive grants to finalize construction 33
and request a final inspection within a specified 34
timeframe; specifying that an application is deemed 35
abandoned, rather than withdrawn, under certain 36
circumstances; requiring the department to notify an 37
applicant within a specified time period before an 38
application is be deemed abandoned; authorizing the 39
applicant to submit a subsequent application in 40
certain circumstances; authorizing the department to 41
determine that an application is not abandoned in 42
certain circumstances; amending s. 215.55871, F.S.; 43
defining the term "area median income"; removing the 44
definition of the term "service area"; revising 45
eligibility requirements for the My Safe Florida 46
Condominium Pilot Program; requiring the Department of 47
Financial Services to adopt rules to verify household 48
income; authorizing condominiums with mixed-income 49
occupancies to participate in the pilot program under 50

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certain circumstances; requiring an application for a 51
mitigation grant to include documentation to verify 52
household income; limiting the award of grant funds; 53
requiring an association to complete a certain 54
percentage of opening protection improvements; 55
providing applicability; amending s. 215.89, F.S.; 56
deleting obsolete provisions; amending s. 215.93, 57
F.S.; revising the subsystems of the Florida Financial 58
Management Information System; requiring certain 59
requests for records to be made to a specified entity; 60
prohibiting such requests from being made to the 61
functional owner of the subsystem; providing an 62
exception; amending s. 215.94, F.S.; providing that 63
the department is the functional owner of the 64
Financial Management Subsystem; revising the functions 65
of such subsystem; amending s. 215.96, F.S.; revising 66
the composition of the coordinating council; deleting 67
a requirement for the design and coordination staff; 68
requiring minutes of meetings to be available to 69
interested persons; revising the composition of ex 70
officio members of the council; revising the duties, 71
powers, and responsibilities of the council; amending 72
ss. 215.985, 216.102, and 216.141, F.S.; conforming 73
provisions to changes made by the act; amending s. 74
440.13, F.S.; revising the timeframe in which health 75

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care providers must petition the department to resolve 76
utilization and reimbursement disputes; revising 77
petition service requirements; revising the timeframe 78
in which the panel determining the statewide schedule 79
of maximum reimbursement allowances must submit 80
certain recommendations to the Legislature; creating 81
s. 497.1411, F.S.; defining the term "applicant"; 82
specifying that certain applicants are permanently 83
barred from licensure; specifying that certain 84
applicants are subject to disqualifying periods; 85
requiring the Board of Funeral, Cemetery, and Consumer 86
Services to adopt rules; specifying requirements, 87
authorizations, and prohibitions for such rules; 88
specifying when a disqualifying period begins; 89
specifying that the applicant has certain burdens to 90
demonstrate that he or she is qualified for licensure; 91
specifying that certain applicants who have been 92
granted a pardon or restoration of civil rights are 93
not barred or disqualified from licensure; specifying 94
that such pardon or restoration does not require the 95
board to award a license; authorizing the board to 96
grant an exemption from disqualification under certain 97
circumstances; specifying requirements for the 98
applicant in order for the board to grant an 99
exemption; specifying that the board has discretion to 100

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grant or deny an exemption; specifying that certain 101
decisions are subject to ch. 120, F.S.; providing 102
applicability and construction; amending s. 497.142, 103
F.S.; prohibiting an application from being deemed 104
complete under certain circumstances; revising the 105
list of crimes to be disclosed on a license 106
application; amending s. 553.80, F.S.; providing that 107
dwellings used in specified manners are not considered 108
to have a change in occupancy for certain purposes; 109
amending s. 560.309, F.S.; revising the compliance 110
requirements for certain licensees when seeking 111
collections; amending s. 560.405, F.S.; requiring 112
redemption through a debit card to be treated as cash 113
in certain circumstances; prohibiting payment through 114
a credit card in certain transactions; amending s. 115
560.406, F.S.; revising the compliance requirements 116
for deferred payment processors when seeking 117
collections; amending s. 626.0428, F.S.; conforming a 118
cross-reference; amending s. 626.171, F.S.; deleting 119
reinsurance intermediaries from certain application 120
requirements; revising the list of persons from whom 121
the department is required to accept uniform 122
applications; making clarifying changes regarding the 123
voluntary submission of cellular telephone numbers; 124
revising the exemption from the application filing fee 125

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for members of the United States Armed Forces; 126
amending s. 626.292, F.S.; revising applicant 127
requirements for a license transfer; amending s. 128
626.611, F.S.; requiring the department to require 129
license reexamination of certain persons, and suspend 130
or revoke the eligibility to hold a license or 131
appointment of such persons under certain 132
circumstances; amending the grounds for suspension or 133
revocation; amending 626.621, F.S.; authorizing the 134
department to require an reexamination of certain 135
persons; amending s. 626.731, F.S.; revising the 136
qualifications for a general lines agent's license; 137
amending s. 626.785, F.S.; revising the qualifications 138
for a life agent's license; amending s. 626.831, F.S.; 139
revising the qualifications for a health agent's 140
license; amending s. 626.8417, F.S.; deleting an 141
exemption from licensing and appointment requirements 142
for certain designated corporate officers; amending s. 143
626.854, F.S.; requiring a public adjuster, public 144
adjuster apprentice, or public adjusting firm to 145
respond with specific information within a specified 146
timeframe and document in the file the response or 147
information provided; repealing s. 627.797, F.S., 148
relating to an exempt agent list; amending s. 633.208, 149
F.S.; revising the dwellings prohibited from specified 150

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reclassification for purposes of the Florida Fire 151
Prevention Code; amending s. 648.34, F.S.; revising 152
requirements for bail bond agent applicants; amending 153
s. 648.382, F.S.; requiring officers or officials of 154
the appointing insurer to obtain, rather than submit, 155
certain information; amending s. 717.001, F.S.; 156
revising the short title; amending s. 717.101, F.S.; 157
revising and providing definitions; amending s. 158
717.102, F.S.; providing that certain intangible 159
property is presumed abandoned; deleting a provision 160
relating to the presumption that certain intangible 161
property is presumed unclaimed; specifying the 162
dormancy period for property presumed abandoned; 163
requiring that property be considered payable or 164
distributable under certain circumstances; deleting a 165
provision relating to when property is payable or 166
distributable; revising a presumption; providing that 167
property shall be presumed abandoned under certain 168
circumstances; providing an exception; amending s. 169
717.103, F.S.; requiring that intangible property be 170
subject to the custody of the department under certain 171
circumstances; amending criteria for when intangible 172
property is subject to the custody of the department; 173
repealing s. 717.1035, F.S., relating to property 174
originated or issued by this state, any political 175

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subdivision of this state, or any entity incorporated, 176
organized, created, or otherwise located in the state; 177
providing that specified interests may not be presumed 178
abandoned under certain circumstances; amending ss. 179
717.104, 717.1045, 717.105, 717.106, 717.107, 180
717.1071, 717.108, and 717.109, F.S.; conforming 181
provisions to changes made by the act; amending s. 182
717.1101, F.S.; revising the timelines and conditions 183
under which stock, other equity interests, or debt of 184
a business association is considered abandoned; 185
requiring the holder to attempt to confirm the 186
apparent owner's interest in the equity interest by 187
sending an e-mail communication under certain 188
circumstances; requiring the holder to attempt to 189
contract the apparent owner by first-class United 190
States mail under certain circumstances; specifying 191
that equity interest is presumed abandoned under 192
certain circumstances; revising when unmatured, 193
unredeemed, matured, or redeemed debt is presumed 194
abandoned; specifying that the applicable dormancy 195
period ceases under certain circumstances; revising 196
the timeframe that a sum held or owing by a business 197
association is presumed abandoned; providing that 198
certain property is not deemed abandoned if specified 199
conditions are met; amending ss. 717.111, 717.112, 200

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717.1125, 717.113, 717.115, and 717.116, F.S.; 201
conforming provisions to changes made by the act; 202
amending s. 717.117, F.S.; specifying that property is 203
presumed abandoned upon the expiration of the 204
applicable dormancy periods; specifying that property 205
is not deemed abandoned for certain purposes until the 206
holder meets certain requirements; requiring holders 207
of property presumed abandoned that has a specified 208
value to use due diligence to locate and notify the 209
apparent owner; requiring, before a specified 210
timeframe, a holder in possession of presumed 211
abandoned property to send a specified written notice 212
to the apparent owner; specifying the method of 213
delivery of such notice; requiring, before a specified 214
timeframe, the holder to send a second written notice 215
under certain circumstances; authorizing the 216
reasonable cost for the notice to be deducted from the 217
property; specifying that a signed return receipt 218
constitutes an affirmative demonstration of continued 219
interest; specifying requirements of the written 220
notice; requiring holders of abandoned property to 221
submit a specified report to the department; 222
prohibiting certain balances, overpayments, deposits, 223
and refunds from being reported as abandoned property; 224
prohibiting certain securities from being included in 225

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the report; requiring the holder to report and deliver 226
such securities under certain circumstances; requiring 227
the report to be signed and verified and contain a 228
specified statement; deleting certain provisions 229
relating to the due diligence and notices to apparent 230
owners; amending s. 717.118, F.S.; revising the 231
state's obligation to notify apparent owners that 232
their abandoned property has been reported and 233
remitted to the department; requiring the department 234
to use a cost-effective means to make an attempt to 235
notify certain apparent owners; specifying 236
requirements for the notice; requiring the department 237
to maintain a specified website; revising 238
applicability; amending s. 717.119, F.S.; conforming 239
provisions to changes made by the act; revising 240
requirements for firearm or ammunition found in an 241
abandoned safe-deposit box or safekeeping repository; 242
revising requirements if a will or trust instrument is 243
included among the contents of an abandoned safe-244
deposit box or safekeeping repository; amending ss. 245
717.1201 and 717.122, F.S.; conforming provisions to 246
changes made by the act; amending s. 717.123, F.S.; 247
conforming provisions to changes made by the act; 248
revising the name of a certain trust fund; amending s. 249
717.1235, F.S.; conforming provisions to changes made 250

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by the act; amending s. 717.124, F.S.; deleting 251
provisions related to requirements of claimant's 252
representatives; specifying that the department is 253
authorized to make a distribution of property or money 254
in accordance with a specified agreement under certain 255
circumstances; requiring shares of securities to be 256
delivered directly to the claimant under certain 257
circumstances; deleting a provision authorizing the 258
department to develop a process by which a buyer of 259
unclaimed property may electronically submit certain 260
images and documents; deleting provisions relating to 261
a buyer of unclaimed property's filing of a claim; 262
amending s. 717.12403, F.S.; conforming provisions to 263
changes made by the act; amending s. 717.12404, F.S.; 264
requiring claims on behalf of an active corporation to 265
include a specified driver license; conforming 266
provisions to changes made by the act; amending ss. 267
717.12405 and 717.12406, F.S.; conforming provisions 268
to changes made by the act; amending s. 717.1241, 269
F.S.; defining the term "conflicting claim"; 270
conforming provisions to changes made by the act; 271
revising requirements for remitting property when 272
conflicting claims have been received by the 273
department; amending ss. 717.1242, 717.1243, 717.1244, 274
717.1245, 717.125, 717.126, 717.1261, 717.1262, 275

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717.129, 717.1301, 717.1315, and 717.132, F.S.; 276
conforming provisions to changes made by the act; 277
amending s. 717.1322, F.S.; revising the acts that 278
constitute grounds for administrative enforcement 279
action by the department; conforming provisions to 280
changes made by the act; amending ss. 717.133, 281
717.1333, and 717.1341, F.S.; conforming provisions to 282
changes made by the act; amending s. 717.135, F.S.; 283
conforming provisions to changes made by the act; 284
deleting applicability; creating s. 717.1356, F.S.; 285
specifying that agreements for the purchase of 286
abandoned property reported to the department are 287
valid only under certain circumstances; authorizing 288
the seller to cancel a purchase agreement without 289
penalty or obligation within a specified timeframe; 290
specifying that the agreement must contain certain 291
language; requiring a copy of an executed Florida 292
Abandoned Property Purchase Agreement be filed with 293
the purchaser's claim; prohibiting the department from 294
approving the claim under certain circumstances; 295
specifying that certain purchase agreements are 296
enforceable only by the seller; providing an 297
exception; providing applicability; providing a 298
directive to the Division of Law Revision; amending s. 299
717.138, F.S.; conforming provisions to changes made 300

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by the act; amending s. 717.1382, F.S.; conforming 301
provisions to changes made by the act; conforming a 302
cross-reference; amending s. 717.139, F.S.; providing 303
legislative findings; revising a statement of public 304
policy; deleting a legislative declaration; providing 305
legislative intent; prohibiting title to abandoned 306
property from transferring to the state except under 307
certain circumstances; amending s. 717.1400, F.S.; 308
requiring an individual to meet certain requirements 309
in order to file claims as a claimant representative; 310
revising application requirements for registering as a 311
claimant representative; requiring claimant 312
representatives to file and obtain payment on a 313
specified number of claims within a specified 314
timeframe to maintain active registration; requiring 315
the department to notify the claimant representative 316
in writing and provide a certain timeframe to 317
demonstrate compliance or good cause for noncompliance 318
under certain circumstances; requiring the department 319
to revoke a registration under certain circumstances; 320
prohibiting a claimant representative from reapplying 321
under certain circumstances; amending ss. 1001.281 and 322
1001.282, F.S.; conforming provisions to changes made 323
by the act; amending ss. 197.582 and 626.9541, F.S.; 324
conforming cross-references; reenacting s. 325

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772.13(6)(a), F.S., relating to postjudgment execution 326
proceedings to enforce a judgment entered against a 327
terrorist party, to incorporate the amendment made to 328
s. 717.101, F.S., in a reference thereto; ratifying 329
specified rules relating to legal tender for the sole 330
and exclusive purpose of satisfying any condition on 331
effectiveness pursuant to chapter 2025-100, Laws of 332
Florida; repealing s. 18 of chapter 2025-100, Laws of 333
Florida, which repeals specified provisions relating 334
to legal tender; providing an effective date. 335
336
Be It Enacted by the Legislature of the State of Florida: 337
338
Section 1. Subsection (2) of section 17.11, Florida 339
Statutes, is amended to read: 340
17.11 To report disbursements made.— 341
(2) The Chief Financial Officer shall also cause to have 342
reported from the Financial Management Florida Accounting 343
Information Resource Subsystem no less than quarterly the 344
disbursements which agencies made to small businesses, as 345
defined in the Florida Small and Minority Business Assistance 346
Act; to certified minority business enterprises in the 347
aggregate; and to certified minority business enterprises broken 348
down into categories of minority persons, as well as gender and 349
nationality subgroups. This information shall be made available 350

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to the agencies, the Office of Supplier Diversity, the Governor, 351
the President of the Senate, and the Speaker of the House of 352
Representatives. Each agency shall be responsible for the 353
accuracy of information entered into the Financial Management 354
Florida Accounting Information Resource Subsystem for use in 355
this reporting. 356
Section 2. Section 17.13, Florida Statutes, is amended to 357
read: 358
17.13 To replace duplicate warrants lost or destroyed.— 359
(1) The Chief Financial Officer is required to replace 360
duplicate any Chief Financial Officer's warrants that may have 361
been lost or destroyed, or may hereafter be lost or destroyed, 362
upon the owner thereof or the owner's agent or attorney 363
presenting the Chief Financial Officer the statement, under 364
oath, reciting the number, date, and amount of any warrant or 365
the best and most definite description in his or her knowledge 366
and the circumstances of its loss; if the Chief Financial 367
Officer deems it necessary, the owner or the owner's agent or 368
attorney shall file in the office of the Chief Financial Officer 369
a surety bond, or a bond with securities, to be approved by one 370
of the judges of the circuit court or one of the justices of the 371
Supreme Court, in a penalty of not less than twice the amount of 372
any warrants so replaced duplicated, conditioned to indemnify 373
the state and any innocent holders thereof from any damages that 374
may accrue from such replacement duplication. 375

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(2) The Chief Financial Officer is required to replace 376
duplicate any Chief Financial Officer's warrant that may have 377
been lost or destroyed, or may hereafter be lost or destroyed, 378
when sent to any payee via any state agency when such warrant is 379
lost or destroyed prior to being received by the payee and 380
provided the director of the state agency to whom the warrant 381
was sent presents to the Chief Financial Officer a statement, 382
under oath, reciting the number, date, and amount of the warrant 383
lost or destroyed, the circumstances surrounding the loss or 384
destruction of such warrant, and any additional information that 385
the Chief Financial Officer shall request in regard to such 386
warrant. 387
(3) Any replacement duplicate Chief Financial Officer's 388
warrant issued in pursuance of the above provisions shall be of 389
the same validity as the original was before its loss. 390
Section 3. Subsection (1) of section 110.113, Florida 391
Statutes, is amended to read: 392
110.113 Pay periods for state officers and employees; 393
salary payments by direct deposit.— 394
(1) The normal pay period for salaries of state officers 395
and employees shall be 1 month. The Department of Financial 396
Services shall issue either monthly or biweekly salary payments 397
by state warrants or by direct deposit pursuant to s. 17.076 or 398
make semimonthly salary payments by direct deposit pursuant to 399
s. 17.076, as requested by the head of each state agency and 400

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approved by the Executive Office of the Governor and the 401
Department of Financial Services. 402
Section 4. Paragraph (c) is added to subsection (2) of 403
section 112.3135, Florida Statutes, to read: 404
112.3135 Restriction on employment of relatives.— 405
(2) 406
(c) To aid the recruitment of firefighters within this 407
state, notwithstanding paragraph (a), a public official may 408
appoint, employ, promote, or advance, or advocate for the 409
appointment, employment, promotion, or advancement of a relative 410
as a firefighter as defined in s. 633.102 if such appointment, 411
employment, promotion, or advancement is part of a competitive 412
process provided for in a collective bargaining agreement. 413
Section 5. Subsection (16) of section 215.422, Florida 414
Statutes, is amended to read: 415
215.422 Payments, warrants, and invoices; processing time 416
limits; dispute resolution; agency or judicial branch 417
compliance.— 418
(16) Nothing contained in this section shall be construed 419
to be an appropriation. Any interest which becomes due and owing 420
pursuant to this section must be paid shall only be payable from 421
the appropriation charged for such goods or services. However, 422
if insufficient funds are available within the appropriation 423
charged for such goods or services, the agency must pay the 424
interest from a similar or appropriate appropriation category. 425

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Section 6. Subsections (4) through (10) of section 426
215.5586, Florida Statutes, are renumbered as subsections (5) 427
through (11), respectively, paragraphs (a) through (e) of 428
subsection (1), subsections (2) and (3), paragraph (a) of 429
present subsection (8), and present subsection (10) are amended, 430
and a new subsection (4) is added to that section, to read: 431
215.5586 My Safe Florida Home Program.—There is 432
established within the Department of Financial Services the My 433
Safe Florida Home Program. The department shall provide fiscal 434
accountability, contract management, and strategic leadership 435
for the program, consistent with this section. This section does 436
not create an entitlement for property owners or obligate the 437
state in any way to fund the inspection or retrofitting of 438
residential property in this state. Implementation of this 439
program is subject to annual legislative appropriations. It is 440
the intent of the Legislature that, subject to the availability 441
of funds, the My Safe Florida Home Program provide licensed 442
inspectors to perform hurricane mitigation inspections of 443
eligible homes and grants to fund hurricane mitigation projects 444
on those homes. The department shall implement the program in 445
such a manner that the total amount of funding requested by 446
accepted applications, whether for inspections, grants, or other 447
services or assistance, does not exceed the total amount of 448
available funds. If, after applications are processed and 449
approved, funds remain available, the department may accept 450

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applications up to the available amount. The program shall 451
develop and implement a comprehensive and coordinated approach 452
for hurricane damage mitigation pursuant to the requirements 453
provided in this section. 454
(1) HURRICANE MITIGATION INSPECTIONS.— 455
(a)1. For the purposes of this paragraph, the term: 456
a. "Attached" means a dwelling unit that shares a wall 457
with another dwelling unit. 458
b. "Detached" means a dwelling that does not share a wall 459
with another dwelling unit or building and has greater than zero 460
clearance between it and any other building. This term includes 461
a garage that is located under a contiguous roof with a 462
residence. 463
c. "Single-family" means a residence designed for and 464
containing only one dwelling unit. 465
2. An applicant is To be eligible for a hurricane 466
mitigation inspection under the program if all of the following 467
conditions are met: 468
a.1. The A home for which the inspection is sought is must 469
be a single-family, unit on an individual parcel of land that 470
is: 471
(I) A detached residential property; or 472
(II) An attached residential property not exceeding three 473
stories. A townhouse as defined in s. 481.203; 474
b.2. The A home for which the inspection is sought is must 475

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be site-built and owner-occupied.; and 476
c.3. The applicant is homeowner must have been granted a 477
homestead exemption on the home under chapter 196. 478
(b)1. An application for a hurricane mitigation inspection 479
must contain a signed or electronically verified statement made 480
under penalty of perjury that the applicant has submitted only 481
one inspection application on the home or that the application 482
is allowed under subparagraph 2., and the application must have 483
documents attached which demonstrate that the applicant meets 484
the requirements of paragraph (a). 485
2. An applicant may submit a subsequent hurricane 486
mitigation inspection application for the same home only if: 487
a. The original hurricane mitigation inspection 488
application has been denied or withdrawn because of material 489
errors or omissions in the application; 490
b. The original hurricane mitigation inspection 491
application was denied or withdrawn because the applicant home 492
did not meet the eligibility criteria for an inspection at the 493
time of the previous application, and the applicant homeowner 494
reasonably believes that he or she is the home now is eligible 495
for an inspection; or 496
c. The program's eligibility requirements for an 497
inspection have changed since the original application date, and 498
the applicant reasonably believes that her or she the home is 499
eligible under the new requirements; or. 500

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d. More than 24 months have passed since the applicant 501
received a hurricane mitigation inspection under this section, 502
and the applicant has not received a grant payment through the 503
program for that inspection. 504
(c) An applicant meeting the requirements of paragraph (a) 505
may receive an inspection of the a home through under the 506
program without being eligible for a grant under subsection (2) 507
or applying for such grant. 508
(d) Licensed inspectors are to provide initial home 509
inspections of eligible homes to determine what mitigation 510
measures are needed, what insurance premium discounts may be 511
available, and what improvements to existing residential 512
properties are needed to reduce the property's vulnerability to 513
hurricane damage. An inspector may inspect a townhouse as 514
defined in s. 481.203 to determine if opening protection 515
mitigation as listed in subparagraph (2)(e)1. would provide 516
improvements to mitigate hurricane damage. 517
(e) The department shall contract with wind certification 518
entities to provide hurricane mitigation inspections. The 519
initial inspections provided to applicants homeowners, at a 520
minimum, must include: 521
1. A home inspection and report that summarizes the 522
inspection results and identifies recommended improvements an 523
applicant a homeowner may make take to mitigate hurricane 524
damage. 525

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2. A range of cost estimates regarding the recommended 526
mitigation improvements. 527
3. Information regarding estimated premium discounts, 528
correlated to the current mitigation features and the 529
recommended mitigation improvements identified by the 530
inspection. 531
(2) HURRICANE MITIGATION GRANTS.—Financial grants shall be 532
used by applicants homeowners to make improvements recommended 533
by an initial inspection which increase a home's resistance to 534
hurricane damage. 535
(a) An applicant A homeowner is eligible for a hurricane 536
mitigation grant if all of the following criteria are met: 537
1. The applicant home must be eligible for an inspection 538
under subsection (1). 539
2. The home must be a dwelling with an insured value of 540
$700,000 or less. Applicants Homeowners who are low-income 541
persons, as defined in s. 420.0004(11), are exempt from this 542
requirement. 543
3. The home must undergo an initial acceptable hurricane 544
mitigation inspection through the program as provided in 545
subsection (1). 546
4. The building permit application for initial 547
construction of the home must have been built made before 548
January 1, 2008, as reflected on the county property appraiser's 549
website. 550

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5. The applicant homeowner must agree to make his or her 551
home available for a final inspection once a mitigation project 552
is completed. 553
6. The applicant homeowner must agree to provide to the 554
department information received from the applicant's homeowner's 555
insurer identifying the discounts realized by the applicant 556
homeowner because of the mitigation improvements funded through 557
the program. 558
7.a. The applicant homeowner must be a low-income person 559
or moderate-income person as defined in s. 420.0004. 560
b. The hurricane mitigation inspection must have occurred 561
within the previous 24 months from the date of application. 562
c. Notwithstanding subparagraph 2., applicants homeowners 563
who are low-income persons, as defined in s. 420.0004(11), are 564
not exempt from the requirement that the home must be a dwelling 565
with an insured value of $700,000 or less. 566
d. This subparagraph expires July 1, 2026. 567
(b)1. An application for a grant must contain a signed or 568
electronically verified statement made under penalty of perjury 569
that the applicant has submitted only one grant application or 570
that the application is allowed under subparagraph 2., and the 571
application must have documents attached demonstrating that the 572
applicant meets the requirements of paragraph (a). 573
2. An applicant may submit a subsequent grant application 574
if: 575

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a. The original grant application was denied or withdrawn 576
because the application contained errors or omissions; 577
b. The original grant application was denied or withdrawn 578
because the applicant home did not meet the eligibility criteria 579
for a grant at the time of the previous application, and the 580
applicant homeowner reasonably believes that he or she is the 581
home now is eligible for a grant; or 582
c. The program's eligibility requirements for a grant have 583
changed since the original application date, and the applicant 584
reasonably believes that he or she is an eligible homeowner 585
under the new requirements. 586
3. A grant application must include a statement from the 587
applicant homeowner which contains the name and state license 588
number of the contractor that the applicant homeowner 589
acknowledges as the intended contractor for the mitigation work. 590
The program must electronically verify that the contractor's 591
state license number is valid accurate and up to date before 592
grant approval. 593
(c) All grants must be matched on the basis of $1 provided 594
by the applicant for $2 provided by the state up to a maximum 595
state contribution of $10,000 toward the actual cost of the 596
mitigation project, except as provided in paragraph (h). 597
(d) All hurricane mitigation performed under the program 598
must be based upon the securing of all required local permits 599
and inspections and must be performed by properly licensed 600

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contractors. 601
(e) When recommended by an initial a hurricane mitigation 602
inspection, grants for eligible applicants homes may be used for 603
all of the following improvements: 604
1. Opening protection improvements, including: 605
a. Exterior doors., 606
b. Garage doors., 607
c. Windows., and 608
d. Skylights. 609
2. Roof improvements, including: 610
a. Reinforcing roof-to-wall connections. 611
b.3. Improving the strength of roof-deck attachments. 612
c.4. Installing secondary water resistance for roof and 613
replacing the roof covering. 614
(f) Improvements must be identified by the final hurricane 615
mitigation inspection to receive grant funds When recommended by 616
a hurricane mitigation inspection, grants for townhouses, as 617
defined in s. 481.203, may only be used for opening protection. 618
(g) The department may require that improvements be made 619
to all openings, including exterior doors, garage doors, 620
windows, and skylights, as a condition of reimbursing an 621
applicant a homeowner approved for a grant. The department may 622
adopt, by rule, the maximum grant allowances for any improvement 623
allowable under paragraph (e) or paragraph (f). 624
(h) Low-income applicants homeowners, as defined in s. 625

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420.0004(11), who otherwise meet the applicable requirements of 626
this subsection are eligible for a grant of up to $10,000 and 627
are not required to provide a matching amount to receive the 628
grant. 629
(i)1. The department shall develop a process that ensures 630
the most efficient means to collect and verify inspection 631
applications and grant applications to determine eligibility. 632
The department may direct hurricane mitigation inspectors to 633
collect and verify grant application information or use the 634
Internet or other electronic means to collect information and 635
determine eligibility. 636
2. The department shall prioritize the review and approval 637
of such inspection applications and grant applications in the 638
following order: 639
a. First, applications from low-income persons, as defined 640
in s. 420.0004, who are at least 60 years old; 641
b. Second, applications from all other low-income persons, 642
as defined in s. 420.0004; 643
c. Third, applications from moderate-income persons, as 644
defined in s. 420.0004, who are at least 60 years old; 645
d. Fourth, applications from all other moderate-income 646
persons, as defined in s. 420.0004; and 647
e. Last, all other applications. 648
3. The department shall start accepting inspection 649
applications and grant applications no earlier than the 650

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effective date of a legislative appropriation funding 651
inspections and grants, as follows: 652
a. Initially, from applicants prioritized under sub-653
subparagraph 2.a.; 654
b. From applicants prioritized under sub-subparagraph 655
2.b., beginning 15 days after the program initially starts 656
accepting applications; 657
c. From applicants prioritized under sub-subparagraph 658
2.c., beginning 30 days after the program initially starts 659
accepting applications; 660
d. From applicants described in sub-subparagraph 2.d., 661
beginning 45 days after the program initially starts accepting 662
applications; and 663
e. From all other applicants, beginning 60 days after the 664
program initially starts accepting applications. 665
4. The program may accept a certification directly from a 666
low-income applicant homeowner or moderate-income applicant 667
homeowner who meets the requirements of s. 420.0004(11) or (12), 668
respectively, if the applicant homeowner provides such 669
certification in a signed or electronically verified statement 670
made under penalty of perjury. 671
5. The program may accept a certification directly from an 672
applicant attesting to his or her age if the applicant provides 673
such certification in a signed or electronically verified 674
statement made under penalty of perjury. 675

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(j) An applicant A homeowner who receives a grant shall 676
finalize construction and request a final inspection, or request 677
an extension for an additional 6 months, within 18 months 1 year 678
after grant application approval. If an applicant a homeowner 679
fails to comply with this paragraph, his or her application is 680
deemed abandoned and the grant money reverts to the department. 681
(3) REQUESTS FOR INFORMATION.—The department may request 682
that an applicant provide additional information. An application 683
is deemed abandoned withdrawn by the applicant if the department 684
does not receive a response to its request for additional 685
information within 60 days after the notification of any 686
apparent error or omission. 687
(4) ABANDONED APPLICATIONS.—The department must notify an 688
applicant at least 5 business days before an application is 689
deemed abandoned. If the applicant responds to such notification 690
within 5 business days after receiving the notice and 691
demonstrates good cause for why the application should not be 692
deemed abandoned, the applicant may submit a subsequent grant 693
application or the department may determine the application is 694
not abandoned. 695
(9)(8) CONTRACT MANAGEMENT.— 696
(a) The department may contract with third parties for 697
grants management, inspection services, contractor services for 698
low-income applicants homeowners, information technology, 699
educational outreach, and auditing services. Such contracts are 700

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considered direct costs of the program and are not subject to 701
administrative cost limits. The department shall contract with 702
providers that have a demonstrated record of successful business 703
operations in areas directly related to the services to be 704
provided and shall ensure the highest accountability for use of 705
state funds, consistent with this section. 706
(11)(10) REPORTS.—The department shall make an annual 707
report on the activities of the program that shall account for 708
the use of state funds and indicate the number of inspections 709
requested, the number of inspections performed, the number of 710
grant applications received, the number and value of grants 711
approved, and the estimated average annual amount of insurance 712
premium discounts and total estimated annual amount of insurance 713
premium discounts applicants homeowners received from insurers 714
as a result of mitigation funded through the program. The report 715
must be delivered to the President of the Senate and the Speaker 716
of the House of Representatives by February 1 of each year. 717
Section 7. Subsections (1) and (2) and paragraphs (a) and 718
(j) of subsection (5) of section 215.55871, Florida Statutes, 719
are amended to read: 720
215.55871 My Safe Florida Condominium Pilot Program.—There 721
is established within the Department of Financial Services the 722
My Safe Florida Condominium Pilot Program to be implemented 723
pursuant to appropriations. The department shall provide fiscal 724
accountability, contract management, and strategic leadership 725

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for the pilot program, consistent with this section. This 726
section does not create an entitlement for associations or unit 727
owners or obligate the state in any way to fund the inspection 728
or retrofitting of condominiums in the state. Implementation of 729
this pilot program is subject to annual legislative 730
appropriations. It is the intent of the Legislature that the My 731
Safe Florida Condominium Pilot Program provide licensed 732
inspectors to perform inspections for and grants to eligible 733
associations as funding allows. 734
(1) DEFINITIONS.—As used in this section, the term: 735
(a) "Area median income" means the median household 736
income, as published annually by the United States Department of 737
Housing and Urban Development, for the county in which the 738
condominium property is located. 739
(b)(a) "Association" has the same meaning as in s. 740
718.103. 741
(c)(b) "Association property" means property, real and 742
personal, which is owned or leased by, or is dedicated by a 743
recorded plat to, an association for the use and benefit of its 744
members and is located in the service area. 745
(d)(c) "Board of administration" has the same meaning as 746
in s. 718.103. 747
(e)(d) "Condominium" has the same meaning as in s. 748
718.103. For purposes of this section, the term does not include 749
detached units on individual parcels of land. 750

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(f)(e) "Condominium property" means the lands, leaseholds, 751
and personal property that are subjected to condominium 752
ownership, whether or not contiguous, and all improvements 753
thereon and all easements and rights appurtenant thereto 754
intended for use in connection with the condominium and are 755
located in the service area. 756
(g)(f) "Department" means the Department of Financial 757
Services. 758
(h)(g) "Property" means association property and 759
condominium property, as applicable, located in the service 760
area. 761
(h) "Service area" means the area of the state which is 15 762
miles inward of a coastline, as that term is defined in s. 763
376.031. 764
(i) "Unit" has the same meaning as in s. 718.103. 765
(j) "Unit owner" has the same meaning as in s. 718.103. 766
(2) PARTICIPATION.— 767
(a) Participation in the pilot program is limited to: 768
1. Condominium associations in which at least 80 percent 769
of the occupied units within the condominium are owned or 770
occupied by a person or family whose annual income is at or 771
below 80 percent of the area median income, adjusted for 772
household size, applicable to the county in which the 773
condominium is located. Eligibility must be determined using the 774
area median income published at the time an application is 775

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submitted. For purposes of determining if a condominium 776
association meets the 80 percent unit-occupied threshold: 777
a. Only occupied residential units may be counted. 778
b. Both owner-occupied and tenant-occupied residential 779
units may be counted as long as the persons or families living 780
in such residential units provide income documentation to the 781
department and the department has verified that such person or 782
family meets the income requirements of this subparagraph. 783
2. Structures or buildings on the condominium property 784
which are three or more stories in height, provided that each 785
structure or building that is the subject of a mitigation grant 786
contains at least two single-family dwellings. 787
(b) The department shall adopt rules establishing 788
acceptable methods for verifying household income, including, 789
but not limited to, owner self-certification, tax returns, 790
income statements, or other documentation deemed sufficient by 791
the department. The department may require periodic 792
recertification of income eligibility to ensure compliance with 793
this section. 794
(c) A condominium with mixed-income occupancies is 795
eligible to participate in the pilot program under this section 796
if the income threshold in subparagraph (a)1. is met. 797
(d)(b) In order to apply for an inspection under 798
subsection (4) or a grant under subsection (5) for association 799
property or condominium property, an association must receive 800

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approval by a majority vote of the board of administration or a 801
majority vote of the total voting interests of the association 802
to participate in the pilot program. An association may not 803
apply for an inspection under subsection (4) or a grant under 804
subsection (5) for association property or condominium property 805
unless the association has complied with the inspection 806
requirements in ss. 553.899 and 718.112(2)(g) and (h). An 807
association may not apply for a grant under subparagraph 808
(5)(e)1. for association property or condominium property unless 809
the windows of the association property or condominium property 810
are established as common elements in the declaration. 811
(e)(c) In order to apply for a grant under subsection (5) 812
which improves one or more units within a condominium, an 813
association must receive both of the following: 814
1. Approval by a majority vote of the board of 815
administration or a majority vote of the total voting interests 816
of the association to participate in a mitigation inspection. 817
2. Approval by at least 75 percent of all unit owners who 818
reside within the structure or building that is the subject of 819
the mitigation grant. 820
(f)(d) A unit owner may participate in the pilot program 821
through a mitigation grant awarded to the association but may 822
not participate individually in the pilot program. 823
(g)(e) The votes required under this subsection may take 824
place at the annual budget meeting of the association or at a 825

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unit owner meeting called for the purpose of taking such vote. 826
Before a vote of the unit owners may be taken, the association 827
must provide to the unit owners a clear disclosure of the pilot 828
program on a form created by the department. The president and 829
the treasurer of the board of administration must sign the 830
disclosure form indicating that a copy of the form was provided 831
to each unit owner of the association. The signed disclosure 832
form and the minutes from the meeting at which the unit owners 833
voted to participate in the pilot program must be maintained as 834
part of the official records of the association. Within 14 days 835
after an affirmative vote to participate in the pilot program, 836
the association must provide written notice in the same manner 837
as required under s. 718.112(2)(d) to all unit owners of the 838
decision to participate in the pilot program. 839
(5) MITIGATION GRANTS.—Financial grants may be used by 840
associations to make improvements recommended in a hurricane 841
mitigation inspection report which increase the condominium's 842
resistance to hurricane damage. 843
(a) An application for a mitigation grant must: 844
1. Contain a signed or electronically verified statement 845
made under penalty of perjury by the president of the board of 846
administration that the association has submitted only a single 847
application for each property that the association operates or 848
maintains. 849
2. Include a notarized statement from the president of the 850

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board of administration containing the name and license number 851
of each contractor the association intends to use for the 852
mitigation project. 853
3. Include a notarized statement from the president of the 854
board of administration which commits to the department that the 855
association will complete the mitigation improvements. If the 856
grant will be used to improve units, the application must also 857
include an acknowledged statement from each unit owner who is 858
required to provide approval for a grant under paragraph (2)(d) 859
(2)(c). 860
4. Include documentation deemed sufficient by the 861
department under paragraph (2)(b) for verifying household 862
income. 863
(j) Grant funds may only be awarded for a mitigation 864
improvement that addresses the common elements of the 865
condominium property that will result in a mitigation credit, 866
discount, or other rate differential for the building or 867
structure to which the improvement is made. As a condition of 868
receiving awarding a grant, the association department must 869
complete 100 percent of the opening protection improvements to 870
the common elements which were recommended in the final 871
hurricane mitigation inspection report require mitigation 872
improvements to be made to all openings, including exterior 873
doors, garage doors, windows, and skylights that are a part of 874
the common elements, if doing so is necessary for the building 875

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or structure to qualify for a mitigation credit, discount, or 876
other rate differential. 877
Section 8. The amendments made by this act to s. 878
215.55871, Florida Statutes, apply to inspection and grant 879
applications submitted to the Department of Financial Services 880
by a condominium association on or after July 1, 2026. 881
Section 9. Subsection (3) of section 215.89, Florida 882
Statutes, is amended to read: 883
215.89 Charts of account.— 884
(3) REPORTING STRUCTURE.— 885
(a) The Chief Financial Officer shall accept comments from 886
state agencies, local governments, educational entities, 887
entities of higher education, and other interested parties 888
regarding the proposed charts of account until November 1, 2013. 889
(b) By January 15, 2014, the Chief Financial Officer, 890
after consultation with affected state agencies, local 891
governments, educational entities, entities of higher education, 892
and the Auditor General, shall submit to the Governor, the 893
President of the Senate, and the Speaker of the House of 894
Representatives a report recommending a uniform charts of 895
account which requires specific enterprise-wide information 896
related to revenues and expenditures of state agencies, local 897
governments, educational entities, and entities of higher 898
education. The report must include the estimated cost of 899
adopting and implementing a uniform enterprise-wide charts of 900

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account. 901
Section 10. Subsections (1) and (5) of section 215.93, 902
Florida Statutes, are amended to read: 903
215.93 Florida Financial Management Information System.— 904
(1) To provide the information necessary to carry out the 905
intent of the Legislature, there shall be a Florida Financial 906
Management Information System. The Florida Financial Management 907
Information System shall be fully implemented and shall be 908
upgraded as necessary to ensure the efficient operation of an 909
integrated financial management information system and to 910
provide necessary information for the effective operation of 911
state government. Upon the recommendation of the coordinating 912
council and approval of the board, the Florida Financial 913
Management Information System may require data from any state 914
agency information system or information subsystem or may 915
request data from any judicial branch information system or 916
information subsystem that the coordinating council and board 917
have determined to have statewide financial management 918
significance. Each functional owner information subsystem within 919
the Florida Financial Management Information System shall be 920
developed in such a fashion as to allow for timely, positive, 921
preplanned, and prescribed data transfers between the Florida 922
Financial Management Information System functional owner 923
information subsystems and from other information systems. The 924
principal unit of the system shall be the functional owner 925

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information subsystem, and the system shall include, but shall 926
not be limited to, the following: 927
(a) Planning and Budgeting Subsystem. 928
(b) Florida Accounting Information Resource Subsystem. 929
(b)(c) Financial Management Subsystem. 930
(c)(d) Purchasing Subsystem. 931
(d)(e) Personnel Information System. 932
(5) Functional owners are legally responsible for the 933
security and integrity of all data records existing within or 934
transferred from their information subsystems. Each agency and 935
the judicial branch shall be responsible for the accuracy of the 936
information entered into the Florida Financial Management 937
Information System. A request for a copy of a document or an 938
accounting record, whether by public records request or 939
subpoena, must be made to the state entity for which the 940
document or accounting record is recorded. The request may not 941
be made to the functional owner of the subsystem unless the 942
document or accounting record was recorded for such entity. 943
Section 11. Subsections (4) through (7) of section 215.94, 944
Florida Statutes, are renumbered as subsections (3) through (6), 945
respectively, and subsection (2) and present subsection (3) of 946
that section are amended to read: 947
215.94 Designation, duties, and responsibilities of 948
functional owners.— 949
(2) The Department of Financial Services shall be the 950

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functional owner of the Financial Management Florida Accounting 951
Information Resource Subsystem established pursuant to ss. 952
17.03, 215.86, 216.141, and 216.151 and further developed in 953
accordance with the provisions of ss. 215.90-215.96. The 954
subsystem shall include, but shall not be limited to, the 955
following functions: 956
(a) Accounting and reporting so as to provide timely data 957
for producing financial statements for the state in accordance 958
with generally accepted accounting principles. 959
(b) Auditing and settling claims against the state. 960
(3) The Chief Financial Officer shall be the functional 961
owner of the Financial Management Subsystem. The Chief Financial 962
Officer shall design, implement, and operate the subsystem in 963
accordance with the provisions of ss. 215.90-215.96. The 964
subsystem shall include, but shall not be limited to, functions 965
for: 966
(c)(a) Recording and reconciling credits and debits to 967
treasury fund accounts. 968
(d)(b) Monitoring cash levels and activities in state bank 969
accounts. 970
(e)(c) Monitoring short-term investments of idle cash. 971
(f)(d) Administering the provisions of the Federal Cash 972
Management Improvement Act of 1990. 973
Section 12. Subsections (2) and (3) of section 215.96, 974
Florida Statutes, are amended to read: 975

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215.96 Coordinating council and design and coordination 976
staff.— 977
(2) The coordinating council shall consist of the Chief 978
Financial Officer; the Commissioner of Agriculture; the Attorney 979
General; the Secretary of Management Services; the state chief 980
information officer; the executive director of the Department of 981
Revenue; and the Director of Planning and Budgeting, Executive 982
Office of the Governor, or their designees. The Chief Financial 983
Officer, or his or her designee, shall be chair of the council, 984
and the design and coordination staff shall provide 985
administrative and clerical support to the council and the 986
board. The design and coordination staff shall maintain the 987
Minutes of each meeting shall be and make such minutes available 988
to any interested person. The Auditor General, the State Courts 989
Administrator, a an executive officer of the Florida Association 990
of state agency administrative services director selected by the 991
council Directors, and a an executive officer of the Florida 992
Association of state budget officer selected by the council 993
Officers, or their designees, shall serve without voting rights 994
as ex officio members of the council. The chair may call 995
meetings of the council as often as necessary to transact 996
business; however, the council shall meet at least once a year. 997
Action of the council shall be by motion, duly made, seconded 998
and passed by a majority of the council voting in the 999
affirmative for approval of items that are to be recommended for 1000

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approval to the Financial Management Information Board. 1001
(3) The coordinating council, assisted by the design and 1002
coordination staff, shall have the following duties, powers, and 1003
responsibilities pertaining to the Florida Financial Management 1004
Information System: 1005
(a) To review and coordinate annual workplans to ensure 1006
that the Florida Financial Management Information System remains 1007
aligned across participating entities. The coordination council 1008
shall ensure that each participating entity submits an annual 1009
workplan by October 1 of each year. The coordinating council 1010
shall review and discuss the workplans, identify potential 1011
impacts or conflicts, facilitate resolutions when practicable, 1012
and expedite unresolved issues as appropriate. 1013
(b) To conduct such studies and to establish committees, 1014
workgroups, and teams to develop recommendations for rules, 1015
policies, procedures, principles, and standards to the board as 1016
necessary to assist the board in its efforts to design, 1017
implement, and perpetuate a financial management information 1018
system, including, but not limited to, the establishment of 1019
common data codes, and the development of integrated financial 1020
management policies that address the information and management 1021
needs of the functional owner subsystems. The coordinating 1022
council shall make available a copy of the approved plan in 1023
writing or through electronic means to each of the coordinating 1024
council members, the fiscal committees of the Legislature, and 1025

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any interested person. 1026
(c)(b) To recommend to the board solutions, policy 1027
alternatives, and legislative budget request issues that will 1028
provide ensure a framework for the timely, positive, preplanned, 1029
and prescribed data transfer between information subsystems and 1030
to recommend to the board solutions, policy alternatives, and 1031
legislative budget request issues that ensure the availability 1032
of data and information that support state planning, policy 1033
development, management, evaluation, and performance monitoring. 1034
(c) To report to the board all actions taken by the 1035
coordinating council for final action. 1036
(d) To review the annual work plans of the functional 1037
owner information subsystems by October 1 of each year. The 1038
review shall be conducted to assess the status of the Florida 1039
Financial Management Information System and the functional owner 1040
subsystems in regard to the provisions of s. 215.91. The 1041
coordinating council, as part of the review process, may make 1042
recommendations for modifications to the functional owner 1043
information subsystems annual work plans. 1044
Section 13. Paragraph (a) of subsection (4) of section 1045
215.985, Florida Statutes, is amended to read: 1046
215.985 Transparency in government spending.— 1047
(4) The Executive Office of the Governor, in consultation 1048
with the appropriations committees of the Senate and the House 1049
of Representatives, shall establish and maintain a website that 1050

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provides information relating to the approved operating budget 1051
for each branch of state government and state agency. 1052
(a) At a minimum, the information must include: 1053
1. Disbursement data for each appropriation by the account 1054
value object code associated with each expenditure established 1055
within the Financial Management Florida Accounting Information 1056
Resource Subsystem. Expenditure data must include the name of 1057
the payee, the date of the expenditure, the amount of the 1058
expenditure, and the voucher statewide document number. Such 1059
data must be searchable by the name of the payee, the paying 1060
agency, and fiscal year, and must be downloadable in a format 1061
that allows offline analysis. 1062
2. For each appropriation, any adjustments, including 1063
vetoes, approved supplemental appropriations included in 1064
legislation other than the General Appropriations Act, budget 1065
amendments, other actions approved pursuant to chapter 216, and 1066
other adjustments authorized by law. 1067
3. Status of spending authority for each appropriation in 1068
the approved operating budget, including released, unreleased, 1069
reserved, and disbursed balances. 1070
4. Position and rate information for positions provided in 1071
the General Appropriations Act or approved through an amendment 1072
to the approved operating budget and position information for 1073
positions established in the legislative branch. 1074
5. Allotments for planned expenditures of state 1075

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appropriations established by state agencies in the Financial 1076
Management Florida Accounting Information Resource Subsystem, 1077
and the current balances of such allotments. 1078
6. Trust fund balance reports, including cash available, 1079
investments, and receipts. 1080
7. General revenue fund balance reports, including revenue 1081
received and amounts disbursed. 1082
8. Fixed capital outlay project data, including original 1083
appropriation and disbursements throughout the life of the 1084
project. 1085
9. A 10-year history of appropriations indicated by 1086
agency. 1087
10. Links to state audits or reports related to the 1088
expenditure and dispersal of state funds. 1089
11. Links to program or activity descriptions for which 1090
funds may be expended. 1091
Section 14. Subsections (1) and (2) and paragraph (f) of 1092
subsection (3) of section 216.102, Florida Statutes, are amended 1093
to read: 1094
216.102 Filing of financial information; handling by Chief 1095
Financial Officer; penalty for noncompliance.— 1096
(1) By September 30 of each year, each agency supported by 1097
any form of taxation, licenses, fees, imposts, or exactions, the 1098
judicial branch, and, for financial reporting purposes, each 1099
component unit of the state as determined by the Chief Financial 1100

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Officer shall prepare, using generally accepted accounting 1101
principles, and file with the Chief Financial Officer the 1102
financial and other information necessary for the preparation of 1103
annual financial statements for the State of Florida as of June 1104
30. In addition, each such agency and the judicial branch shall 1105
prepare financial statements showing the financial position and 1106
results of agency or branch operations as of June 30 for 1107
internal management purposes. 1108
(a) Each state agency and the judicial branch shall record 1109
the receipt and disbursement of funds from federal sources in a 1110
form and format prescribed by the Chief Financial Officer. The 1111
access to federal funds by the administering agencies or the 1112
judicial branch may not be authorized until: 1113
1. The deposit has been recorded in the Financial 1114
Management Florida Accounting Information Resource Subsystem 1115
using proper, consistent codes that designate deposits as 1116
federal funds. 1117
2. The deposit and appropriate recording required by this 1118
paragraph have been verified by the office of the Chief 1119
Financial Officer. 1120
(b) The Chief Financial Officer shall publish a statewide 1121
policy detailing the requirements for recording receipt and 1122
disbursement of federal funds into the Financial Management 1123
Florida Accounting Information Resource Subsystem and provide 1124
technical assistance to the agencies and the judicial branch to 1125

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implement the policy. 1126
(2) Financial information must be contained within the 1127
Financial Management Florida Accounting Information Resource 1128
Subsystem. Other information must be submitted in the form and 1129
format prescribed by the Chief Financial Officer. 1130
(a) Each component unit shall file financial information 1131
and other information necessary for the preparation of annual 1132
financial statements with the agency or branch designated by the 1133
Chief Financial Officer by the date specified by the Chief 1134
Financial Officer. 1135
(b) The state agency or branch designated by the Chief 1136
Financial Officer to receive financial information and other 1137
information from component units shall include the financial 1138
information in the Financial Management Florida Accounting 1139
Information Resource Subsystem and shall include the component 1140
units' other information in its submission to the Chief 1141
Financial Officer. 1142
(3) The Chief Financial Officer shall: 1143
(f) Consult with and elicit comments from the Executive 1144
Office of the Governor on changes to the Financial Management 1145
Florida Accounting Information Resource Subsystem which clearly 1146
affect the accounting of federal funds, so as to ensure 1147
consistency of information entered into the Federal Aid Tracking 1148
System by state executive and judicial branch entities. While 1149
efforts shall be made to ensure the compatibility of the 1150

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Financial Management Florida Accounting Information Resource 1151
Subsystem and the Federal Aid Tracking System, any successive 1152
systems serving identical or similar functions shall preserve 1153
such compatibility. 1154
1155
The Chief Financial Officer may furnish and publish in 1156
electronic form the financial statements and the annual 1157
comprehensive financial report required under paragraphs (a), 1158
(b), and (c). 1159
Section 15. Subsection (3) of section 216.141, Florida 1160
Statutes, is amended to read: 1161
216.141 Budget system procedures; planning and programming 1162
by state agencies.— 1163
(3) The Chief Financial Officer, as chief fiscal officer, 1164
shall use the Financial Management Florida Accounting 1165
Information Resource Subsystem developed pursuant to s. 1166
215.94(2) for account purposes in the performance of and 1167
accounting for all of his or her constitutional and statutory 1168
duties and responsibilities. However, state agencies and the 1169
judicial branch continue to be responsible for maintaining 1170
accounting records necessary for effective management of their 1171
programs and functions. 1172
Section 16. Paragraph (a) of subsection (7) and paragraph 1173
(j) of subsection (12) of section 440.13, Florida Statutes, are 1174
amended to read: 1175

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440.13 Medical services and supplies; penalty for 1176
violations; limitations.— 1177
(7) UTILIZATION AND REIMBURSEMENT DISPUTES.— 1178
(a) Any health care provider who elects to contest the 1179
disallowance or adjustment of payment by a carrier under 1180
subsection (6) must, within 60 45 days after receipt of notice 1181
of disallowance or adjustment of payment, petition the 1182
department to resolve the dispute. The petitioner must serve, by 1183
the United States Postal Service certified mail or by common 1184
carrier with verifiable tracking methods, a copy of the petition 1185
on the carrier and on all affected parties listed on the notice 1186
of disallowance or adjustment by certified mail. The petition 1187
must be accompanied by all documents and records that support 1188
the allegations contained in the petition. Failure of a 1189
petitioner to submit such documentation to the department 1190
results in dismissal of the petition. 1191
(12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM 1192
REIMBURSEMENT ALLOWANCES.— 1193
(j) In addition to establishing the uniform schedule of 1194
maximum reimbursement allowances, the panel shall: 1195
1. Take testimony, receive records, and collect data to 1196
evaluate the adequacy of the workers' compensation fee schedule, 1197
nationally recognized fee schedules and alternative methods of 1198
reimbursement to health care providers and health care 1199
facilities for inpatient and outpatient treatment and care. 1200

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2. Survey health care providers and health care facilities 1201
to determine the availability and accessibility of workers' 1202
compensation health care delivery systems for injured workers. 1203
3. Survey carriers to determine the estimated impact on 1204
carrier costs and workers' compensation premium rates by 1205
implementing changes to the carrier reimbursement schedule or 1206
implementing alternative reimbursement methods. 1207
4. Submit recommendations on or before January 15, 2031 1208
2017, and every 5 years biennially thereafter, to the President 1209
of the Senate and the Speaker of the House of Representatives on 1210
methods to improve the workers' compensation health care 1211
delivery system. 1212
1213
The department, as requested, shall provide data to the panel, 1214
including, but not limited to, utilization trends in the 1215
workers' compensation health care delivery system. The 1216
department shall provide the panel with an annual report 1217
regarding the resolution of medical reimbursement disputes and 1218
any actions pursuant to subsection (8). The department shall 1219
provide administrative support and service to the panel to the 1220
extent requested by the panel. The department may adopt rules 1221
pursuant to ss. 120.536(1) and 120.54 to implement this 1222
subsection. For prescription medication purchased under the 1223
requirements of this subsection, a dispensing practitioner shall 1224
not possess such medication unless payment has been made by the 1225

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practitioner, the practitioner's professional practice, or the 1226
practitioner's practice management company or employer to the 1227
supplying manufacturer, wholesaler, distributor, or drug 1228
repackager within 60 days of the dispensing practitioner taking 1229
possession of that medication. 1230
Section 17. Section 497.1411, Florida Statutes, is created 1231
to read: 1232
497.1411 Disqualification of applicants and licenses; 1233
penalties against licensees; rulemaking.— 1234
(1) For purposes of this section, the term "applicant" 1235
means an individual applying for licensure or relicensure under 1236
this chapter, or an officer, director, majority owner, partner, 1237
manager, or other person who manages or controls an entity 1238
applying for licensure or relicensure under this chapter. 1239
(2) An applicant who has been found guilty of or has 1240
pleaded guilty or nolo contendere to any of the following 1241
offenses, regardless of adjudication, is permanently barred from 1242
licensure under this chapter: 1243
(a) A felony of the first degree. 1244
(b) A felony involving conduct prohibited under chapter 1245
497, chapter 787, chapter 794, chapter 796, chapter 800, chapter 1246
825, chapter 827, or chapter 847. 1247
(c) A felony involving moral turpitude. 1248
(3) An applicant who has been found guilty of, or has 1249
entered a plea of guilty or nolo contendere to an offense not 1250

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subject to the permanent bar under subsection (2), regardless of 1251
adjudication, is subject to the following disqualifying periods: 1252
(a) A 10-year disqualifying period for any felony to which 1253
the permanent bar in subsection (2) does not apply. 1254
Notwithstanding subsection (4), an applicant who has completed 1255
at least one-half of the disqualifying period may apply for a 1256
probationary license for the remainder of the disqualifying 1257
period if, during that time, the applicant has not been found 1258
guilty of, or has not entered a plea of guilty or nolo 1259
contendere to, any offense. 1260
(b) A 5-year disqualifying period for all misdemeanors 1261
directly related to chapter 497. 1262
(4) The board shall adopt rules to administer this 1263
section. Such rules must provide additional disqualifying 1264
periods for applicants who have committed multiple criminal 1265
offenses and may provide additional factors for disqualification 1266
reasonably related to the applicant's criminal history. The 1267
rules must also establish mitigating and aggravating factors. 1268
However, mitigation may not reduce any disqualifying period to 1269
less than 5 years and may not be applied to reduce the 5-year 1270
disqualifying period provided in paragraph (3)(b). 1271
(5) For purposes of this section, a disqualifying period 1272
begins upon the applicant's final release from supervision or 1273
upon completion of the applicant's criminal sentence. The board 1274
may not approve issuance of a license to an applicant until the 1275

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applicant provides proof that all related fines, court costs, 1276
fees, and court-ordered restitution have been paid. 1277
(6) After the disqualifying period has expired, the burden 1278
is on the applicant to demonstrate to the board that he or she 1279
has been rehabilitated, does not pose a risk to the public, is 1280
fit and trustworthy to engage in business regulated by this 1281
chapter, and is otherwise qualified for licensure. 1282
(7) Notwithstanding subsections (2) and (3), an applicant 1283
who has been found guilty of, or has pleaded guilty or nolo 1284
contendere to, a crime in subsection (2) or subsection (3), and 1285
who has subsequently been granted a pardon or the restoration of 1286
civil rights pursuant to chapter 940 and s. 8, Art. IV of the 1287
State Constitution, or a pardon or the restoration of civil 1288
rights under the laws of another jurisdiction with respect to a 1289
conviction in that jurisdiction, is not barred or disqualified 1290
from licensure under this chapter; however, such a pardon or 1291
restoration of civil rights does not require the board to award 1292
such license. 1293
(8)(a) The board may grant an exemption from 1294
disqualification to any person disqualified from licensure under 1295
subsection (3) if: 1296
1. The applicant has paid in full any fee, fine, fund, 1297
lien, civil judgment, restitution, or cost of prosecution 1298
imposed by the court as part of the judgment and sentence for 1299
any disqualifying offense; and 1300

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2. At least 2 years have elapsed since the applicant 1301
completed or has been lawfully released from confinement, 1302
supervision, or any nonmonetary condition imposed by the court 1303
for a disqualifying offense. 1304
(b) For the board to grant an exemption under this 1305
subsection, the applicant must clearly and convincingly 1306
demonstrate that he or she would not pose a risk to persons or 1307
property if licensed under this chapter, evidence of which must 1308
include, but need not be limited to, facts and circumstances 1309
surrounding the disqualifying offense, the time that has elapsed 1310
since the offense, the nature of the offense and harm caused to 1311
the victim, the applicant's history before and after the 1312
offense, and any other evidence or circumstances indicating that 1313
the applicant will not present a danger if licensed or 1314
certified. 1315
(c) The board has discretion whether to grant or deny an 1316
exemption under this subsection. The board's decision is subject 1317
to chapter 120. 1318
(9) The disqualification periods provided in this section 1319
do not apply to the renewal of a license or to a new application 1320
for licensure if the applicant has an active license as of July 1321
1, 2026, and the applicable criminal history was considered by 1322
the board on the prior approval of any active license held by 1323
the applicant. This section does not affect any criminal history 1324
disclosure requirements of this chapter. 1325

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Section 18. Subsection (9) and paragraph (c) of subsection 1326
(10) of section 497.142, Florida Statutes, are amended to read: 1327
497.142 Licensing; fingerprinting and criminal background 1328
checks.— 1329
(9) If any applicant under this chapter has been, within 1330
the 10 years preceding the application under this chapter, 1331
convicted or found guilty of, or entered a plea of nolo 1332
contendere to, regardless of adjudication, any crime in any 1333
jurisdiction, the application may shall not be deemed complete 1334
until such time as the applicant provides such certified true 1335
copies of the court records evidencing the conviction, finding, 1336
or plea, as required in this section or as the licensing 1337
authority may by rule require. 1338
(10) 1339
(c) Crimes to be disclosed are: 1340
1. Any felony or misdemeanor, no matter when committed, 1341
that was directly or indirectly related to or involving any 1342
aspect of the practice or business of funeral directing, 1343
embalming, direct disposition, cremation, funeral or cemetery 1344
preneed sales, funeral establishment operations, cemetery 1345
operations, or cemetery monument or marker sales or 1346
installation. 1347
2. Any misdemeanor, no matter when committed, that was 1348
directly related to the practice or activities regulated under 1349
this chapter Any other felony not already disclosed under 1350

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subparagraph 1. that was committed within the 20 years 1351
immediately preceding the application under this chapter. 1352
3. Any other misdemeanor not already disclosed under 1353
subparagraph 2. which subparagraph 1. that was committed within 1354
the 5 years immediately preceding the application under this 1355
chapter. 1356
Section 19. Subsection (11) is added to section 553.80, 1357
Florida Statutes, to read: 1358
553.80 Enforcement.— 1359
(11) For purposes of the design, construction, erection, 1360
alteration, fire protection, fire suppression, modification, 1361
repair, and demolition of a single-family or two-family 1362
dwelling, such dwelling does not have a change of occupancy as 1363
defined in the Florida Building Code, solely due to the 1364
dwelling's use as or conversion into a dwelling used: 1365
(a) By a tax-exempt charitable organization under s. 1366
501(c)(3) of the Internal Revenue Code whose stated corporate 1367
purpose relates to the support of people who are living with a 1368
mental health disorder and has no fewer than two and no more 1369
than four bedrooms, is occupied by a group of or family of no 1370
more than six ambulatory adults living with a mental disorder, 1371
and has no more than two adults assigned to any bedroom; or 1372
(b) For residential migrant housing, as defined in s. 1373
381.008, that has a permit from the Department of Health 1374
pursuant to s. 381.0081. 1375

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Section 20. Subsection (10) of section 560.309, Florida 1376
Statutes, is amended to read: 1377
560.309 Conduct of business.— 1378
(10) If a check is returned to a licensee from a payor 1379
financial institution due to lack of funds, a closed account, or 1380
a stop-payment order, the licensee may seek collection pursuant 1381
to s. 68.065. In seeking collection, the licensee must comply 1382
with the prohibitions against harassment or abuse, false or 1383
misleading representations, and unfair practices in the Consumer 1384
Collection Practices Act under part VI of chapter 559, including 1385
s. 559.77. The licensee must also comply with the Fair Debt 1386
Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and 1692f 1387
if the licensee uses a third party debt collector or any name 1388
other than its own to collect such debts. A violation of this 1389
subsection is a deceptive and unfair trade practice and 1390
constitutes a violation of the Deceptive and Unfair Trade 1391
Practices Act under part II of chapter 501. In addition, a 1392
licensee must comply with the applicable provisions of the 1393
Consumer Collection Practices Act under part VI of chapter 559, 1394
including s. 559.77. 1395
Section 21. Subsection (3) of section 560.405, Florida 1396
Statutes, is amended to read: 1397
560.405 Deposit; redemption.— 1398
(3) Notwithstanding subsection (1), in lieu of 1399
presentment, a deferred presentment provider may allow the check 1400

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to be redeemed at any time upon payment of the outstanding 1401
transaction balance and earned fees. Redemption in cash or 1402
through a debit card transaction shall be treated the same. 1403
However, payment may not be made in the form of a personal check 1404
or through a credit card transaction. Upon redemption, the 1405
deferred presentment provider must return the drawer's check and 1406
provide a signed, dated receipt showing that the drawer's check 1407
has been redeemed. 1408
Section 22. Subsection (2) of section 560.406, Florida 1409
Statutes, is amended to read: 1410
560.406 Worthless checks.— 1411
(2) If a check is returned to a deferred presentment 1412
provider from a payor financial institution due to insufficient 1413
funds, a closed account, or a stop-payment order, the deferred 1414
presentment provider may pursue all legally available civil 1415
remedies to collect the check, including, but not limited to, 1416
the imposition of all charges imposed on the deferred 1417
presentment provider by the financial institution. In its 1418
collection practices, a deferred presentment provider must 1419
comply with the prohibitions against harassment or abuse, false 1420
or misleading representations, and unfair practices that are 1421
contained in the Consumer Collection Practices Act under part VI 1422
of chapter 559, including s. 559.77. A deferred presentment 1423
provider must also comply with the Fair Debt Collections 1424
Practices Act, 15 U.S.C. ss. 1692d, 1692e, and 1692f if the 1425

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deferred present provider uses a third party debt collector or 1426
any name other than its own to collect such debts. A violation 1427
of this act is a deceptive and unfair trade practice and 1428
constitutes a violation of the Deceptive and Unfair Trade 1429
Practices Act under part II of chapter 501. In addition, a 1430
deferred presentment provider must comply with the applicable 1431
provisions of the Consumer Collection Practices Act under part 1432
VI of chapter 559, including s. 559.77. 1433
Section 23. Subsection (3) of section 626.0428, Florida 1434
Statutes, is amended to read: 1435
626.0428 Agency personnel powers, duties, and 1436
limitations.— 1437
(3) An employee or an authorized representative located at 1438
a designated branch of an agent or agency may not initiate 1439
contact with any person for the purpose of soliciting insurance 1440
unless licensed and appointed as an agent or customer 1441
representative. As to title insurance, an employee of an agent 1442
or agency may not initiate contact with any individual proposed 1443
insured for the purpose of soliciting title insurance unless 1444
licensed as a title insurance agent or exempt from such 1445
licensure pursuant to s. 626.8417(4) and (5). 1446
Section 24. Section 626.171, Florida Statutes, is amended 1447
to read: 1448
626.171 Application for license as an agent, customer 1449
representative, adjuster, or service representative, or 1450

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reinsurance intermediary.— 1451
(1) The department may not issue a license as agent, 1452
customer representative, adjuster, or service representative, or 1453
reinsurance intermediary to any person except upon written 1454
application filed with the department, meeting the 1455
qualifications for the license applied for as determined by the 1456
department, and payment in advance of all applicable fees. The 1457
application must be made under the oath of the applicant and be 1458
signed by the applicant. An applicant may permit a third party 1459
to complete, submit, and sign an application on the applicant's 1460
behalf, but is responsible for ensuring that the information on 1461
the application is true and correct and is accountable for any 1462
misstatements or misrepresentations. The department shall accept 1463
the uniform application for resident and nonresident agent and 1464
adjuster licensing. The department may adopt revised versions of 1465
the uniform application by rule. 1466
(2) In the application, the applicant must include all of 1467
the following shall set forth: 1468
(a) The applicant's His or her full name, age, social 1469
security number, residence address, business address, mailing 1470
address, contact telephone numbers, including a business 1471
telephone number, and e-mail address. 1472
(b) A statement indicating the method the applicant used 1473
or is using to meet any required prelicensing education, 1474
knowledge, experience, or instructional requirements for the 1475

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type of license applied for. 1476
(c) Whether the applicant he or she has been refused or 1477
has voluntarily surrendered or has had suspended or revoked a 1478
license to solicit insurance by the department or by the 1479
supervising officials of any state. 1480
(d) Whether any insurer or any managing general agent 1481
claims the applicant is indebted under any agency contract or 1482
otherwise and, if so, the name of the claimant, the nature of 1483
the claim, and the applicant's defense thereto, if any. 1484
(e) Proof that the applicant meets the requirements for 1485
the type of license for which he or she is applying. 1486
(f) The applicant's gender (male or female). 1487
(g) The applicant's native language. 1488
(h) The highest level of education achieved by the 1489
applicant. 1490
(i) The applicant's race or ethnicity (African American, 1491
white, American Indian, Asian, Hispanic, or other). 1492
(j) Such other or additional information as the department 1493
may deem proper to enable it to determine the character, 1494
experience, ability, and other qualifications of the applicant 1495
to hold himself or herself out to the public as an insurance 1496
representative. 1497
1498
However, the application must contain a statement that an 1499
applicant is not required to disclose his or her race or 1500

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ethnicity, gender, or native language, that he or she will not 1501
be penalized for not doing so, and that the department will use 1502
this information exclusively for research and statistical 1503
purposes and to improve the quality and fairness of the 1504
examinations. The department may shall make provisions for 1505
applicants to voluntarily submit their cellular telephone 1506
numbers as part of the application process solely on a voluntary 1507
basis only for the purpose of two-factor authentication of 1508
secure login credentials only. 1509
(3) Each application must be accompanied by payment of any 1510
applicable fee. 1511
(4) An applicant for a license issued by the department 1512
under this chapter must submit a set of the individual 1513
applicant's fingerprints, or, if the applicant is not an 1514
individual, a set of the fingerprints of the sole proprietor, 1515
majority owner, partners, officers, and directors, to the 1516
department and must pay the fingerprint processing fee set forth 1517
in s. 624.501. Fingerprints must be processed in accordance with 1518
s. 624.34 and used to investigate the applicant's qualifications 1519
pursuant to s. 626.201. The fingerprints must be taken by a law 1520
enforcement agency or other department-approved entity. The 1521
department may not approve an application for licensure as an 1522
agent, customer service representative, adjuster, or service 1523
representative, or reinsurance intermediary if fingerprints have 1524
not been submitted. 1525

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(5) The application for license filing fee prescribed in 1526
s. 624.501 is not subject to refund. 1527
(6) Members of the United States Armed Forces and their 1528
spouses, and veterans of the United States Armed Forces who have 1529
separated from service within 24 months before application for 1530
licensure, are exempt from the application filing fee prescribed 1531
in s. 624.501. Qualified individuals must provide a copy of a 1532
military identification card, military dependent identification 1533
card, military service record, military personnel file, veteran 1534
record, discharge paper or separation document that indicates 1535
such members are currently in good standing or such veterans 1536
were honorably discharged. 1537
(7) Pursuant to the federal Personal Responsibility and 1538
Work Opportunity Reconciliation Act of 1996, each party is 1539
required to provide his or her social security number in 1540
accordance with this section. Disclosure of social security 1541
numbers obtained through this requirement must be limited to the 1542
purpose of administration of the Title IV-D program for child 1543
support enforcement. 1544
Section 25. Paragraph (c) of subsection (2) of section 1545
626.292, Florida Statutes, is amended to read: 1546
626.292 Transfer of license from another state.— 1547
(2) To qualify for a license transfer, an individual 1548
applicant must meet the following requirements: 1549
(c) The individual must submit a completed application for 1550

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this state which is received by the department within 90 days 1551
after the date the individual became a resident of this state, 1552
along with payment of the applicable fees set forth in s. 1553
624.501 and submission of the following documents: 1554
1. A certification issued by the appropriate official of 1555
the applicant's home state identifying the type of license and 1556
lines of authority under the license and stating that, at the 1557
time the license from the home state was canceled, the applicant 1558
was in good standing in that state or that the state's Producer 1559
Database records, maintained by the National Association of 1560
Insurance Commissioners, its affiliates, or subsidiaries, 1561
indicate that the agent or all-lines adjuster is or was licensed 1562
in good standing for the line of authority requested. An 1563
applicant may hold a resident license in another state for 30 1564
days after the Florida resident license has been issued to 1565
facilitate the transfer of licensure between states. 1566
2. A set of the applicant's fingerprints in accordance 1567
with s. 626.171(4). 1568
Section 26. Subsection (1) of section 626.611, Florida 1569
Statutes, is amended to read: 1570
626.611 Grounds for compulsory refusal, suspension, or 1571
revocation of agent's, title agency's, adjuster's, customer 1572
representative's, service representative's, or managing general 1573
agent's license or appointment.— 1574
(1) The department shall require license reexamination, 1575

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deny an application for, suspend, revoke, or refuse to renew or 1576
continue the license or appointment of any applicant, agent, 1577
title agency, adjuster, customer representative, service 1578
representative, or managing general agent, and it shall suspend 1579
or revoke the eligibility to hold a license or appointment of 1580
any such person, if it finds that as to the applicant, licensee, 1581
or appointee any one or more of the following applicable grounds 1582
exist: 1583
(a) Lack of one or more of the qualifications for the 1584
license or appointment as specified in this code. 1585
(b) Material misstatement, misrepresentation, or fraud in 1586
obtaining the license or appointment or in attempting to obtain 1587
the license or appointment. 1588
(c) Failure to pass to the satisfaction of the department 1589
any examination required under this code, including cheating on 1590
an examination required for licensure or violating test center 1591
or examination procedures published orally, in writing, or 1592
electronically at the test site by authorized representatives of 1593
the examination program administrator. 1594
(d) If the license or appointment is willfully used, or to 1595
be used, to circumvent any of the requirements or prohibitions 1596
of this code. 1597
(e) Willful misrepresentation of any insurance policy or 1598
annuity contract or willful deception with regard to any such 1599
policy or contract, done either in person or by any form of 1600

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dissemination of information or advertising. 1601
(f) If, as an adjuster, or agent licensed and appointed to 1602
adjust claims under this code, he or she has materially 1603
misrepresented to an insured or other interested party the terms 1604
and coverage of an insurance contract with intent and for the 1605
purpose of effecting settlement of claim for loss or damage or 1606
benefit under such contract on less favorable terms than those 1607
provided in and contemplated by the contract. 1608
(g) Demonstrated lack of fitness or trustworthiness to 1609
engage in the business of insurance. 1610
(h) Demonstrated lack of reasonably adequate knowledge and 1611
technical competence to engage in the transactions authorized by 1612
the license or appointment. 1613
(i) Fraudulent or dishonest practices in the conduct of 1614
business under the license or appointment. 1615
(j) Misappropriation, conversion, or unlawful withholding 1616
of moneys belonging to insurers or insureds or beneficiaries or 1617
to others and received in conduct of business under the license 1618
or appointment. 1619
(k) Unlawfully rebating, attempting to unlawfully rebate, 1620
or unlawfully dividing or offering to divide his or her 1621
commission with another. 1622
(l) Having obtained or attempted to obtain, or having used 1623
or using, a license or appointment as agent or customer 1624
representative for the purpose of soliciting or handling 1625

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"controlled business" as defined in s. 626.730 with respect to 1626
general lines agents, s. 626.784 with respect to life agents, 1627
and s. 626.830 with respect to health agents. 1628
(m) Willful failure to comply with, or willful violation 1629
of, any proper order or rule of the department or willful 1630
violation of any provision of this code. 1631
(n) Having been found guilty of or having pleaded guilty 1632
or nolo contendere to a misdemeanor directly related to the 1633
financial services business, any felony, or any crime punishable 1634
by imprisonment of 1 year or more under the law of the United 1635
States of America or of any state thereof or under the law of 1636
any other country, without regard to whether a judgment of 1637
conviction has been entered by the court having jurisdiction of 1638
such cases. 1639
(o) Fraudulent or dishonest practice in submitting or 1640
aiding or abetting any person in the submission of an 1641
application for workers' compensation coverage under chapter 440 1642
containing false or misleading information as to employee 1643
payroll or classification for the purpose of avoiding or 1644
reducing the amount of premium due for such coverage. 1645
(p) Sale of an unregistered security that was required to 1646
be registered, pursuant to chapter 517. 1647
(q) In transactions related to viatical settlement 1648
contracts as defined in s. 626.9911: 1649
1. Commission of a fraudulent or dishonest act. 1650

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2. No longer meeting the requirements for initial 1651
licensure. 1652
3. Having received a fee, commission, or other valuable 1653
consideration for his or her services with respect to viatical 1654
settlements that involved unlicensed viatical settlement 1655
providers or persons who offered or attempted to negotiate on 1656
behalf of another person a viatical settlement contract as 1657
defined in s. 626.9911 and who were not licensed life agents. 1658
4. Dealing in bad faith with viators. 1659
Section 27. Section 626.621, Florida Statutes, is amended 1660
to read: 1661
626.621 Grounds for discretionary refusal, suspension, or 1662
revocation of agent's, adjuster's, customer representative's, 1663
service representative's, or managing general agent's license or 1664
appointment.—The department may, in its discretion, require a 1665
license reexamination, deny an application for, suspend, revoke, 1666
or refuse to renew or continue the license or appointment of any 1667
applicant, agent, adjuster, customer representative, service 1668
representative, or managing general agent, and it may suspend or 1669
revoke the eligibility to hold a license or appointment of any 1670
such person, if it finds that as to the applicant, licensee, or 1671
appointee any one or more of the following applicable grounds 1672
exist under circumstances for which such denial, suspension, 1673
revocation, or refusal is not mandatory under s. 626.611: 1674
(1) Any cause for which issuance of the license or 1675

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appointment could have been refused had it then existed and been 1676
known to the department. 1677
(2) Violation of any provision of this code or of any 1678
other law applicable to the business of insurance in the course 1679
of dealing under the license or appointment. 1680
(3) Violation of any lawful order or rule of the 1681
department, commission, or office. 1682
(4) Failure or refusal, upon demand, to pay over to any 1683
insurer he or she represents or has represented any money coming 1684
into his or her hands belonging to the insurer. 1685
(5) Violation of the provision against twisting, as 1686
defined in s. 626.9541(1)(l). 1687
(6) In the conduct of business under the license or 1688
appointment, engaging in unfair methods of competition or in 1689
unfair or deceptive acts or practices, as prohibited under part 1690
IX of this chapter, or having otherwise shown himself or herself 1691
to be a source of injury or loss to the public. 1692
(7) Willful overinsurance of any property or health 1693
insurance risk. 1694
(8) If a life agent, violation of the code of ethics. 1695
(9) Cheating on an examination required for licensure or 1696
violating test center or examination procedures published 1697
orally, in writing, or electronically at the test site by 1698
authorized representatives of the examination program 1699
administrator. Communication of test center and examination 1700

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procedures must be clearly established and documented. 1701
(10) Failure to inform the department in writing within 30 1702
days after pleading guilty or nolo contendere to, or being 1703
convicted or found guilty of, any felony or a crime punishable 1704
by imprisonment of 1 year or more under the law of the United 1705
States or of any state thereof, or under the law of any other 1706
country without regard to whether a judgment of conviction has 1707
been entered by the court having jurisdiction of the case. 1708
(11) Knowingly aiding, assisting, procuring, advising, or 1709
abetting any person in the violation of or to violate a 1710
provision of the insurance code or any order or rule of the 1711
department, commission, or office. 1712
(12) Has been the subject of or has had a license, permit, 1713
appointment, registration, or other authority to conduct 1714
business subject to any decision, finding, injunction, 1715
suspension, prohibition, revocation, denial, judgment, final 1716
agency action, or administrative order by any court of competent 1717
jurisdiction, administrative law proceeding, state agency, 1718
federal agency, national securities, commodities, or option 1719
exchange, or national securities, commodities, or option 1720
association involving a violation of any federal or state 1721
securities or commodities law or any rule or regulation adopted 1722
thereunder, or a violation of any rule or regulation of any 1723
national securities, commodities, or options exchange or 1724
national securities, commodities, or options association. 1725

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(13) Failure to comply with any civil, criminal, or 1726
administrative action taken by the child support enforcement 1727
program under Title IV-D of the Social Security Act, 42 U.S.C. 1728
ss. 651 et seq., to determine paternity or to establish, modify, 1729
enforce, or collect support. 1730
(14) Directly or indirectly accepting any compensation, 1731
inducement, or reward from an inspector for the referral of the 1732
owner of the inspected property to the inspector or inspection 1733
company. This prohibition applies to an inspection intended for 1734
submission to an insurer in order to obtain property insurance 1735
coverage or establish the applicable property insurance premium. 1736
(15) Denial, suspension, or revocation of, or any other 1737
adverse administrative action against, a license to practice or 1738
conduct any regulated profession, business, or vocation by this 1739
state, any other state, any nation, any possession or district 1740
of the United States, any court, or any lawful agency thereof. 1741
(16) Taking an action that allows the personal financial 1742
or medical information of a consumer or customer to be made 1743
available or accessible to the general public, regardless of the 1744
format in which the record is stored. 1745
(17) Initiating in-person or telephone solicitation after 1746
9 p.m. or before 8 a.m. local time of the prospective customer 1747
unless requested by the prospective customer. 1748
(18) Cancellation of the applicant's, licensee's, or 1749
appointee's resident license in a state other than Florida. 1750

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Section 28. Subsection (1) of section 626.731, Florida 1751
Statutes, is amended to read: 1752
626.731 Qualifications for general lines agent's license.— 1753
(1) The department may shall not grant or issue a license 1754
as general lines agent to any individual found by it to be 1755
untrustworthy or incompetent or who does not meet each all of 1756
the following qualifications: 1757
(a) The applicant is a natural person at least 18 years of 1758
age. 1759
(b) The applicant is a United States citizen or legal 1760
alien who possesses work authorization from the United States 1761
Bureau of Citizenship and Immigration Services and is a bona 1762
fide resident of this state. An individual who is a bona fide 1763
resident of this state shall be deemed to meet the residence 1764
requirement of this paragraph, notwithstanding the existence at 1765
the time of application for license of a license in his or her 1766
name on the records of another state as a resident licensee of 1767
such other state, if the applicant furnishes a letter of 1768
clearance satisfactory to the department that the resident 1769
licenses have been canceled or changed to a nonresident basis 1770
and that he or she is in good standing. 1771
(c) The applicant's place of business will be located in 1772
this state and he or she will be actively engaged in the 1773
business of insurance and will maintain a place of business, the 1774
location of which is identifiable by and accessible to the 1775

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public. 1776
(d) The license is not being sought for the purpose of 1777
writing or handling controlled business, in violation of s. 1778
626.730. 1779
(e) The applicant is qualified as to knowledge, 1780
experience, or instruction in the business of insurance and 1781
meets the requirements provided in s. 626.732. 1782
(f) The applicant has passed any required examination for 1783
license required under s. 626.221. 1784
Section 29. Subsection (2) of section 626.785, Florida 1785
Statutes, is amended to read: 1786
626.785 Qualifications for license.— 1787
(2) An individual who is a bona fide resident of this 1788
state shall be deemed to meet the residence requirement of 1789
paragraph (1)(b), notwithstanding the existence at the time of 1790
application for license of a license in his or her name on the 1791
records of another state as a resident licensee of such other 1792
state, if the applicant furnishes a letter of clearance 1793
satisfactory to the department that the resident licenses have 1794
been canceled or changed to a nonresident basis and that he or 1795
she is in good standing. 1796
Section 30. Section 626.831, Florida Statutes, is amended 1797
to read: 1798
626.831 Qualifications for license.— 1799
(1) The department may shall not grant or issue a license 1800

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as health agent as to any individual found by it to be 1801
untrustworthy or incompetent, or who does not meet all of the 1802
following qualifications: 1803
(1)(a) Is Must be a natural person of at least 18 years of 1804
age. 1805
(2)(b) Is Must be a United States citizen or legal alien 1806
who possesses work authorization from the United States Bureau 1807
of Citizenship and Immigration Services and is a bona fide 1808
resident of this state. 1809
(3)(c) Is Must not be an employee of the United States 1810
Department of Veterans Affairs or state service office, as 1811
referred to in s. 626.833. 1812
(4)(d) Has taken Must take and passed pass any examination 1813
for license required under s. 626.221. 1814
(5)(e) Is Must be qualified as to knowledge, experience, 1815
or instruction in the business of insurance and meets meet the 1816
requirements relative thereto provided in s. 626.8311. 1817
(2) An individual who is a bona fide resident of this 1818
state shall be deemed to meet the residence requirement of 1819
paragraph (1)(b), notwithstanding the existence at the time of 1820
application for license of a license in his or her name on the 1821
records of another state as a resident licensee of such other 1822
state, if the applicant furnishes a letter of clearance 1823
satisfactory to the department that the resident licenses have 1824
been canceled or changed to a nonresident basis and that he or 1825

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she is in good standing. 1826
Section 31. Subsection (5) of section 626.8417, Florida 1827
Statutes, is amended to read: 1828
626.8417 Title insurance agent licensure; exemptions.— 1829
(5) An insurer may designate a corporate officer of the 1830
insurer to occasionally issue and countersign binders, 1831
commitments, and policies of title insurance. The designated 1832
officer is exempt from the provisions of this chapter relating 1833
to title insurance licensing and appointment requirements while 1834
the officer is acting within the scope of the designation. 1835
Section 32. Subsection (24) is added to section 626.854, 1836
Florida Statutes, to read: 1837
626.854 "Public adjuster" defined; prohibitions.—The 1838
Legislature finds that it is necessary for the protection of the 1839
public to regulate public insurance adjusters and to prevent the 1840
unauthorized practice of law. 1841
(24) A public adjuster, public adjuster apprentice, or 1842
public adjusting firm must respond with specific information to 1843
a written or electronic request for claims status from a 1844
claimant or insured or their designated representative within 14 1845
days after the date of the request and shall document in the 1846
file the response or information provided. 1847
Section 33. Section 627.797, Florida Statutes, is 1848
repealed. 1849
Section 34. Subsection (11) of section 633.208, Florida 1850

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Statutes, is amended to read: 1851
633.208 Minimum firesafety standards.— 1852
(11) Notwithstanding subsection (8), a single-family or 1853
two-family dwelling may not be reclassified for purposes of 1854
enforcing the Florida Fire Prevention Code solely due to such 1855
dwelling's use as or conversion into: 1856
(a) that is A certified recovery residence, as defined in 1857
s. 397.311, or that is a recovery residence, as defined in s. 1858
397.311, that has a charter from an entity recognized or 1859
sanctioned by Congress; 1860
(b) A residence owned by a tax-exempt charitable 1861
organization under s. 501(c)(3) of the Internal Revenue Code 1862
whose stated corporate purpose relates to the support of people 1863
who are living with a mental health disorder, which has no fewer 1864
than two and no more than four bedrooms, is occupied by a group 1865
or family of no more than six ambulatory adults living with a 1866
mental health disorder, and has no more than two adults assigned 1867
to any bedroom; or 1868
(c) Residential migrant housing, as defined in s. 381.008, 1869
that has a permit from the Department of Health pursuant to s. 1870
381.0081 may not be reclassified for purposes of enforcing the 1871
Florida Fire Prevention Code solely due to such use. 1872
Section 35. Subsection (4) of section 648.34, Florida 1873
Statutes, is amended to read: 1874
648.34 Bail bond agents; qualifications.— 1875

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(4) The applicant shall furnish, with his or her 1876
application, a complete set of his or her fingerprints in 1877
accordance with s. 626.171(4) and a recent credential-sized, 1878
fullface photograph of the applicant. The department may shall 1879
not authorize an applicant to take the required examination 1880
until the department has received a report from the Department 1881
of Law Enforcement and the Federal Bureau of Investigation 1882
relative to the existence or nonexistence of a criminal history 1883
report based on the applicant's fingerprints. 1884
Section 36. Subsection (2) of section 648.382, Florida 1885
Statutes, is amended to read: 1886
648.382 Appointment of bail bond agents and bail bond 1887
agencies; effective date of appointment.— 1888
(2) Before any appointment, an appropriate officer or 1889
official of the appointing insurer must obtain all of the 1890
following information submit: 1891
(a) A certified statement or affidavit to the department 1892
stating what investigation has been made concerning the proposed 1893
appointee and the proposed appointee's background and the 1894
appointing person's opinion to the best of his or her knowledge 1895
and belief as to the moral character and reputation of the 1896
proposed appointee. In lieu of such certified statement or 1897
affidavit, by authorizing the effectuation of an appointment for 1898
a licensee, the appointing entity certifies to the department 1899
that such investigation has been made and that the results of 1900

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the investigation and the appointing person's opinion is that 1901
the proposed appointee is a person of good moral character and 1902
reputation and is fit to engage in the bail bond business.; 1903
(b) An affidavit under oath on a form prescribed by the 1904
department, signed by the proposed appointee, stating that 1905
premiums are not owed to any insurer and that the appointee will 1906
discharge all outstanding forfeitures and judgments on bonds 1907
previously written. If the appointee does not satisfy or 1908
discharge such forfeitures or judgments, the former insurer 1909
shall file a notice, with supporting documents, with the 1910
appointing insurer, the former agent or agency, and the 1911
department, stating under oath that the licensee has failed to 1912
timely satisfy forfeitures and judgments on bonds written and 1913
that the insurer has satisfied the forfeiture or judgment from 1914
its own funds. Upon receipt of such notification and supporting 1915
documents, the appointing insurer shall immediately cancel the 1916
licensee's appointment. The licensee may be reappointed only 1917
upon certification by the former insurer that all forfeitures 1918
and judgments on bonds written by the licensee have been 1919
discharged. The appointing insurer or former agent or agency 1920
may, within 10 days, file a petition with the department seeking 1921
relief from this paragraph. Filing of the petition stays the 1922
duty of the appointing insurer to cancel the appointment until 1923
the department grants or denies the petition.; 1924
(c) Any other information that the department reasonably 1925

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requires concerning the proposed appointee.; and 1926
(d) Effective January 1, 2025, a certification that the 1927
appointing entity obtained from each appointee the following 1928
sworn statement: 1929
1930
Pursuant to section 648.382(2)(b), Florida Statutes, I 1931
do solemnly swear that I owe no premium to any insurer 1932
or agency and that I will discharge all outstanding 1933
forfeitures and judgments on bonds that have been 1934
previously written. I acknowledge that failure to do 1935
this will result in my active appointments being 1936
canceled. 1937
1938
An appointed bail bond agency must have the attestation under 1939
this paragraph signed by its owner. 1940
Section 37. Section 717.001, Florida Statutes, is amended 1941
to read: 1942
717.001 Short title.—This chapter may be cited as the 1943
"Florida Disposition of Abandoned Personal Unclaimed Property 1944
Act." 1945
Section 38. Section 717.101, Florida Statutes, is amended 1946
to read: 1947
717.101 Definitions.—As used in this chapter, unless the 1948
context otherwise requires: 1949
(1) "Abandoned property" means property held by a holder 1950

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for which all of the following are true: 1951
(a) The apparent owner has shown no activity or indication 1952
of interest for the duration of the applicable dormancy period 1953
established under this chapter. 1954
(b) The holder has complied with the due diligence 1955
requirements set forth in this chapter, including the issuance 1956
of notice to the apparent owner, and has received no response or 1957
contact sufficient to demonstrate continued interest in the 1958
property. 1959
1960
For purposes of this chapter, property is presumed abandoned 1961
upon expiration of the applicable dormancy period established 1962
under this chapter. Once the dormancy period has expired, the 1963
holder must comply with the due diligence requirements set forth 1964
in s. 717.117. If the holder receives no response or contact 1965
sufficient to demonstrate continued interest in the property 1966
after completion of its due diligence efforts, the property is 1967
deemed abandoned and subject to reporting and remittance to the 1968
department for custodial holding on behalf of the owner. 1969
(2) "Abandoned Property Purchase Agreement" means the form 1970
adopted by the department pursuant to s. 717.135 which must be 1971
used, without modification or amendment, by a claimant 1972
representative to purchase abandoned property from an owner. 1973
(3) "Abandoned Property Recovery Agreement" means the form 1974
adopted by the department pursuant to s. 717.135 which must be 1975

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used, without modification or amendment, by a claimant 1976
representative to obtain consent and authority to recover 1977
abandoned property on behalf of a person. 1978
(4)(1) "Aggregate" means the amounts reported for owners 1979
of abandoned unclaimed property of less than $10 or where there 1980
is no name for the individual or entity listed on the holder's 1981
records, regardless of the amount to be reported. 1982
(5)(2) "Apparent owner" means the person whose name 1983
appears on the records of the holder as the owner of the 1984
abandoned property, but whose status as the true owner entitled 1985
to receive the property may be subject to change due to the 1986
passage of time or changes in circumstances person entitled to 1987
property held, issued, or owing by the holder. 1988
(6) "Asset purchaser" means a business association that 1989
has purchased property from a large business association as 1990
defined in s. 717.1356(6). 1991
(7)(3) "Audit" means an action or proceeding to examine 1992
and verify a person's records, books, accounts, and other 1993
documents to ascertain and determine compliance with this 1994
chapter. 1995
(8)(4) "Audit agent" means a person with whom the 1996
department enters into a contract to conduct an audit or 1997
examination. The term includes an independent contractor of the 1998
person and each individual participating in the audit on behalf 1999
of the person or contractor. 2000

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(9) "Authorized representative" means a person or entity 2001
legally empowered to act on behalf of the apparent owner or his 2002
or estate, including, but not limited to, an agent, a fiduciary, 2003
a personal representative, a trustee, a legal heir, a guardian, 2004
or any other individual or entity authorized by law or 2005
agreement. 2006
(10)(5) "Banking or financial organization" means any and 2007
all banks, trust companies, private bankers, savings banks, 2008
industrial banks, safe-deposit companies, savings and loan 2009
associations, credit unions, savings associations, banking 2010
organizations, international bank agencies, cooperative banks, 2011
building and loan associations, and investment companies in this 2012
state, organized under or subject to the laws of this state or 2013
of the United States, including entities organized under 12 2014
U.S.C. s. 611, but does not include federal reserve banks. The 2015
term also includes any corporation, business association, or 2016
other organization that: 2017
(a) Is a wholly or partially owned subsidiary of any 2018
banking, banking corporation, or bank holding company that 2019
performs any or all of the functions of a banking organization; 2020
or 2021
(b) Performs functions pursuant to the terms of a contract 2022
with any banking organization. 2023
(11)(6) "Business association" means any for-profit or 2024
nonprofit corporation other than a public corporation; joint 2025

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stock company; investment company; unincorporated association or 2026
association of two or more individuals for business purposes, 2027
whether or not for profit; partnership; joint venture; limited 2028
liability company; sole proprietorship; business trust; trust 2029
company; land bank; safe-deposit company; safekeeping 2030
depository; banking or financial organization; insurance 2031
company; federally chartered entity; utility company; transfer 2032
agent; or other business entity, whether or not for profit. 2033
(12)(7) "Claimant" means the person on whose behalf a 2034
claim is filed. 2035
(13)(8) "Claimant Claimant's representative" means an 2036
attorney who is a member in good standing with of The Florida 2037
Bar, a certified public accountant licensed in this state, or a 2038
private investigator who is duly licensed to do business in this 2039
the state, who is registered with the department, and authorized 2040
to file claims on behalf of persons with the department by the 2041
claimant to claim unclaimed property on the claimant's behalf. 2042
The term does not include a person acting in a representative or 2043
fiduciary capacity, such as a personal representative, guardian, 2044
trustee, or attorney, whose representation is not contingent 2045
upon the discovery or location of abandoned unclaimed property, 2046
and it expressly excludes locators, who engage in locating 2047
owners of abandoned property for a fee but are not registered 2048
with the department; provided, however, that any agreement 2049
entered into for the purpose of evading s. 717.135 is invalid 2050

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and unenforceable. 2051
(9) "Credit balance" means an account balance in the 2052
customer's favor. 2053
(14)(10) "Department" means the Department of Financial 2054
Services. 2055
(15)(11) "Domicile" means the state of incorporation for a 2056
corporation; the state of filing for a business association, 2057
other than a corporation, whose formation or organization 2058
requires a filing with a state; the state of organization for a 2059
business association, other than a corporation, whose formation 2060
or organization does not require a filing with a state; or the 2061
state of home office for a federally charted entity. 2062
(16)(12) "Due diligence" means the use of reasonable and 2063
prudent methods under particular circumstances to locate 2064
apparent owners of presumed abandoned property inactive accounts 2065
using the taxpayer identification number or social security 2066
number, if known, which may include, but are not limited to, 2067
using a nationwide database, cross-indexing with other records 2068
of the holder, mailing to the last known address unless the last 2069
known address is known to be inaccurate, providing written 2070
notice as described in this chapter by electronic mail if an 2071
apparent owner has elected such delivery, or engaging a licensed 2072
agency or company capable of conducting such search and 2073
providing updated addresses. 2074
(17)(13) "Electronic" means relating to technology having 2075

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electrical, digital, magnetic, wireless, optical, 2076
electromagnetic, or similar capabilities. 2077
(14) "Financial organization" means a savings association, 2078
savings and loan association, savings bank, industrial bank, 2079
bank, banking organization, trust company, international bank 2080
agency, cooperative bank, building and loan association, or 2081
credit union. 2082
(18)(15) "Health care provider" means any state-licensed 2083
entity that provides and receives payment for health care 2084
services. These entities include, but are not limited to, 2085
hospitals, outpatient centers, physician practices, and skilled 2086
nursing facilities. 2087
(19)(16) "Holder" means a person who is in possession of 2088
property belonging to another or who owes a debt or an 2089
obligation to another person, including, but not limited to, 2090
financial institutions, insurance companies, corporations, 2091
partnerships, fiduciaries, and government agencies: 2092
(a) A person who is in possession or control or has 2093
custody of property or the rights to property belonging to 2094
another; is indebted to another on an obligation; or is 2095
obligated to hold for the account of, or to deliver or pay to, 2096
the owner, property subject to this chapter; or 2097
(b) A trustee in case of a trust. 2098
(20)(17) "Insurance company" means an association, 2099
corporation, or fraternal or mutual benefit organization, 2100

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whether for profit or not for profit, which is engaged in 2101
providing insurance coverage. 2102
(21)(18) "Intangible property" includes, by way of 2103
illustration and not limitation: 2104
(a) Moneys, checks, virtual currency, drafts, deposits, 2105
interest, dividends, and income. 2106
(b) Credit balances, customer overpayments, security 2107
deposits and other instruments as defined by chapter 679, 2108
refunds, unpaid wages, unused airline tickets, and unidentified 2109
remittances. 2110
(c) Stocks, and other intangible ownership interests in 2111
business associations except for: 2112
1. A nonfreely transferable security; or 2113
2. A security that is subject to a lien, legal hold, or 2114
restriction evidenced on the records of the holder or imposed by 2115
operation of law, if the lien, legal hold, or restriction 2116
restricts the holder's or owner's ability to receive, transfer, 2117
sell, or otherwise negotiate the security. 2118
(d) Moneys deposited to redeem stocks, bonds, bearer 2119
bonds, original issue discount bonds, coupons, and other 2120
securities, or to make distributions. 2121
(e) Amounts due and payable under the terms of insurance 2122
policies. 2123
(f) Amounts distributable from a trust or custodial fund 2124
established under a plan to provide any health, welfare, 2125

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pension, vacation, severance, retirement, death, stock purchase, 2126
profit sharing, employee savings, supplemental unemployment 2127
insurance, or similar benefit. 2128
(22)(19) "Last known address" means a description of the 2129
location of the apparent owner sufficient for the purpose of the 2130
delivery of mail. For the purposes of identifying, reporting, 2131
and remitting property to the department which is presumed to be 2132
unclaimed, the term "last known address" includes any partial 2133
description of the location of the apparent owner sufficient to 2134
establish the apparent owner was a resident of this state at the 2135
time of last contact with the apparent owner or at the time the 2136
property became due and payable. 2137
(23)(20) "Lawful charges" means charges against the 2138
property or the account in which the property is held dormant 2139
accounts that are authorized by statute for the purpose of 2140
offsetting the costs of maintaining the property or the account 2141
in which the property is held dormant account. 2142
(24) "Locator" means a private individual or business that 2143
locates owners of abandoned property in exchange for a fee, 2144
typically a percentage of the recovered property. Locators are 2145
not employees or agents of the state and are not registered with 2146
the department. 2147
(25)(21) "Managed care payor" means a health care plan 2148
that has a defined system of selecting and limiting health care 2149
providers as evidenced by a managed care contract with the 2150

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health care providers. These plans include, but are not limited 2151
to, managed care health insurance companies and health 2152
maintenance organizations. 2153
(26) "Nonfreely transferable security" means a security 2154
that cannot be delivered to the administrator by the Depository 2155
Trust Clearing Corporation or similar custodian of securities 2156
providing post-trade clearing and settlement services to 2157
financial markets or cannot be delivered because there is no 2158
agent to effect transfer. The term includes a worthless 2159
security. 2160
(27)(22) "Owner" means the a person, or the person's legal 2161
representative, entitled to receive or having a legal or 2162
equitable interest in the abandoned property. An owner 2163
establishes his or her entitlement by filing a valid claim with 2164
the department pursuant or claim against property subject to 2165
this chapter; a depositor in the case of a deposit; a 2166
beneficiary in the case of a trust or a deposit in trust; or a 2167
payee in the case of a negotiable instrument or other intangible 2168
property. 2169
(28)(23) "Person" means an individual; estate; business 2170
association; corporation; firm; association; joint adventure; 2171
partnership; government or governmental subdivision, agency, or 2172
instrumentality; or any other legal or commercial entity. 2173
(29)(24) "Public corporation" means a corporation created 2174
by the state, founded and owned in the public interest, 2175

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supported by public funds, and governed by those deriving their 2176
power from the state. 2177
(30)(25) "Record" means information that is captured or 2178
maintained in any format, including written, printed, 2179
electronic, audio, visual, or other forms, and that can be made 2180
perceptible or understandable to a person, either directly or 2181
through technological means, including assistive technologies 2182
inscribed on a tangible medium or that is stored in an 2183
electronic or other medium and is retrievable in perceivable 2184
form. 2185
(31)(27) "State," when applied to a part of the United 2186
States, includes any state, district, commonwealth, territory, 2187
insular possession, and any other area subject to the 2188
legislative authority of the United States. 2189
(32)(28) "Trust instrument" means a trust instrument as 2190
defined in s. 736.0103. 2191
(29) "Unclaimed Property Purchase Agreement" means the 2192
form adopted by the department pursuant to s. 717.135 which must 2193
be used, without modification or amendment, by a claimant's 2194
representative to purchase unclaimed property from an owner. 2195
(30) "Unclaimed Property Recovery Agreement" means the 2196
form adopted by the department pursuant to s. 717.135 which must 2197
be used, without modification or amendment, by a claimant's 2198
representative to obtain an owner's consent and authority to 2199
recover unclaimed property on the owner's behalf. 2200

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(33)(31) "United States" means any state, district, 2201
commonwealth, territory, insular possession, and any other area 2202
subject to the legislative authority of the United States of 2203
America. 2204
(34)(32) "Utility" means a person who owns or operates, 2205
for public use, any plant, equipment, property, franchise, or 2206
license for the transmission of communications or the 2207
production, storage, transmission, sale, delivery, or furnishing 2208
of electricity, water, steam, or gas. 2209
(35)(33)(a) "Virtual currency" means digital units of 2210
exchange that: 2211
1. Have a centralized repository or administrator; 2212
2. Are decentralized and have no centralized repository or 2213
administrator; or 2214
3. May be created or obtained by computing or 2215
manufacturing effort. 2216
(b) The term does not include any of the following: 2217
1. Digital units that: 2218
a. Are used solely within online gaming platforms; 2219
b. Have no market or application outside of the online 2220
gaming platforms in sub-subparagraph a.; 2221
c. Cannot be converted into, or redeemed for, fiat 2222
currency or virtual currency; and 2223
d. Can or cannot be redeemed for real-world goods, 2224
services, discounts, or purchases. 2225

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2. Digital units that can be redeemed for: 2226
a. Real-world goods, services, discounts, or purchases as 2227
part of a customer affinity or rewards program with the issuer 2228
or other designated merchants; or 2229
b. Digital units in another customer affinity or rewards 2230
program, but cannot be converted into, or redeemed for, fiat 2231
currency or virtual currency. 2232
3. Digital units used as part of prepaid cards. 2233
Section 39. Section 717.102, Florida Statutes, is amended 2234
to read: 2235
717.102 Property presumed abandoned unclaimed; general 2236
rule.— 2237
(1) Except as otherwise provided by this chapter, all 2238
intangible property, including any income or increment thereon 2239
less any lawful charges, that is held, issued, or owing in the 2240
ordinary course of the holder's business and for which the 2241
apparent owner or authorized representative fails to demonstrate 2242
continued interest for more than the applicable dormancy period 2243
prescribed by this chapter shall be presumed abandoned claim 2244
such property for more than 5 years after the property becomes 2245
payable or distributable is presumed unclaimed, except as 2246
otherwise provided by this chapter. Unless otherwise specified 2247
by law, the dormancy period shall be 5 years from the date the 2248
property becomes payable or distributable. For the purposes of 2249
this chapter, property shall be considered payable or 2250

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distributable once the holder's obligation to pay or deliver the 2251
property arises, regardless of whether the apparent owner or 2252
authorized representative has failed to demand or to present 2253
documents required to receive payment. 2254
(2) Property is payable or distributable for the purpose 2255
of this chapter notwithstanding the owner's failure to make 2256
demand or to present any instrument or document required to 2257
receive payment. 2258
(3) A presumption that property is abandoned may be 2259
unclaimed is rebutted by the affirmative demonstration of 2260
continued interest by the apparent owner or authorized 2261
representative an apparent owner's expression of interest in the 2262
property. Such demonstration An owner's expression of continued 2263
interest in property includes, but is not limited to, any of the 2264
following: 2265
(a) A record communicated by the apparent owner or 2266
authorized representative to the holder or its agent of the 2267
holder concerning the property or the account in which the 2268
property is held.; 2269
(b) An oral communication by the apparent owner or 2270
authorized representative to the holder or its agent of the 2271
holder concerning the property or the account in which the 2272
property is held, if the holder or its agent contemporaneously 2273
records makes and preserves evidence a record of the fact of the 2274
apparent owner's communication.; 2275

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(c) Presentment of a check or other instrument for of 2276
payment of a dividends dividend, interest payment, or other 2277
distributions related to the property. distribution, with 2278
respect to an account, underlying security, or interest in a 2279
business association; 2280
(d) Any account activity initiated directed by an apparent 2281
owner or authorized representative in the account in which the 2282
property is held, including accessing the account or directing 2283
changes to information concerning the account, or to the amount 2284
or type of property held, excluding routine automatic 2285
transactions previously authorized, a direction by the apparent 2286
owner to increase, decrease, or otherwise change the amount or 2287
type of property held in the account.; 2288
(e) Any A deposit into or withdrawal from the property or 2289
the an account in which the property is held at a financial 2290
organization, excluding an automatic deposits, withdrawals, or 2291
reinvestments deposit or withdrawal previously authorized by the 2292
apparent owner or authorized representative. an automatic 2293
reinvestment of dividends or interest, which does not constitute 2294
an expression of interest; or 2295
(f) Any other action by the apparent owner or authorized 2296
representative which reasonably demonstrates to the holder that 2297
the apparent owner or authorized representative is aware of and 2298
maintains an interest in knows that the property exists. 2299
(3)(4) If a holder learns or receives confirmation of an 2300

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apparent owner's death, the property shall be presumed abandoned 2301
unclaimed 2 years after the date of death, unless an authorized 2302
representative makes an affirmative demonstration a fiduciary 2303
appointed to represent the estate of the apparent owner has made 2304
an expression of interest in the property before the expiration 2305
of the 2-year period. This subsection may not be construed to 2306
extend the otherwise applicable dormancy period prescribed by 2307
this chapter. 2308
Section 40. Section 717.103, Florida Statutes, is amended 2309
to read: 2310
717.103 General rules for taking custody of intangible 2311
abandoned unclaimed property.—Unless otherwise provided in this 2312
chapter or by other statute of this state, intangible property 2313
is subject to the custody of the department as abandoned 2314
unclaimed property when if the conditions leading to a 2315
presumption that the property is abandoned unclaimed as 2316
described in ss. 717.102 and 717.105-717.116 are satisfied and 2317
the holder has fulfilled all required due diligence obligations 2318
without receiving any response or claim from the apparent owner, 2319
and one or more of the following criteria apply: 2320
(1) The last known address, as shown on the records of the 2321
holder, of the apparent owner is in this state.; 2322
(2) The records of the holder do not identify the name of 2323
the apparent owner, but do reflect the identity of the person 2324
entitled to the property, and it is established that the last 2325

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known address of the apparent owner person entitled to the 2326
property is in this state.; 2327
(3) The records of the holder do not reflect the last 2328
known address of the apparent owner, but and it is established 2329
that either of the following conditions apply: 2330
(a) The last known address of the apparent owner person 2331
entitled to the property is in this state.; or 2332
(b) The holder is domiciled in this state, a domiciliary 2333
or is a government entity or governmental subdivision or agency 2334
of this state, and has not previously paid the property to the 2335
state of the last known address of the apparent owner. or other 2336
person entitled to the property; 2337
(4) The last known address, as shown on the records of the 2338
holder, of the apparent owner or other person entitled to the 2339
property is in a jurisdiction state that does not have 2340
applicable provide by law for the escheat, abandoned, or 2341
unclaimed property laws custodial taking of the property, or its 2342
escheat or unclaimed property law is not applicable to the 2343
property, and the holder is domiciled in this state a 2344
domiciliary or is a government entity or governmental 2345
subdivision or agency of this state.; 2346
(5) The last known address, as shown on the records of the 2347
holder, of the apparent owner is in a foreign nation and the 2348
holder is domiciled in this state a domiciliary or is a 2349
government entity or governmental subdivision or agency of this 2350

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state.; or 2351
(6) The transaction out of which the property arose 2352
occurred in this state, and both of the following are true:; 2353
(a)1. The last known address of the apparent owner or 2354
other person entitled to the property is unknown.; or 2355
2. The last known address of the apparent owner or other 2356
person entitled to the property is in a state that does not 2357
provide by law for the escheat or custodial taking of the 2358
property, or its escheat or unclaimed property law is not 2359
applicable to the property; and 2360
(b) The holder is domiciled in a jurisdiction a 2361
domiciliary of a state that does not have applicable provide by 2362
law for the escheat, abandoned, or custodial taking of the 2363
property, or its escheat or unclaimed property laws law is not 2364
applicable to the property. 2365
Section 41. Section 717.1035, Florida Statutes, is 2366
repealed. 2367
Section 42. Section 717.104, Florida Statutes, is amended 2368
to read: 2369
717.104 Traveler's checks and money orders.— 2370
(1) Subject to subsection (4), any sum payable on a 2371
traveler's check that has been outstanding for more than 15 2372
years after its issuance is presumed abandoned unclaimed unless 2373
the apparent owner or authorized representative, within 15 2374
years, has demonstrated a continued interest in the property in 2375

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accordance with s. 717.102 communicated in writing with the 2376
issuer concerning it or otherwise indicated an interest as 2377
evidenced by a memorandum or other record on file with the 2378
issuer. 2379
(2) Subject to subsection (4), any sum payable on a money 2380
order or similar written instrument, other than a third party 2381
bank check, that has been outstanding for more than 7 years 2382
after its issuance is presumed abandoned unclaimed unless the 2383
apparent owner or authorized representative, within 7 years, has 2384
demonstrated a continued interest in the property in accordance 2385
with s. 717.102 communicated in writing with the issuer 2386
concerning it or otherwise indicated an interest as evidenced by 2387
a memorandum or other record on file with the issuer. 2388
(3) A No holder may not deduct from the amount of any 2389
traveler's check or money order any charges imposed by reason of 2390
the failure to present those instruments for payment unless 2391
there is a valid and enforceable written contract between the 2392
holder issuer and the apparent owner of the property pursuant to 2393
which the holder issuer may impose those charges and the holder 2394
issuer regularly imposes those charges and does not regularly 2395
reverse or otherwise cancel those charges with respect to the 2396
property. 2397
(4) No sum payable on a traveler's check, money order, or 2398
similar written instrument, other than a third party bank check, 2399
described in subsections (1) and (2) may be subjected to the 2400

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custody of this state as abandoned unclaimed property unless any 2401
of the following conditions are met: 2402
(a) The records of the holder issuer show that the 2403
traveler's check, money order, or similar written instrument was 2404
purchased in this state.; 2405
(b) The holder issuer has its principal place of business 2406
in this state and its the records of the issuer do not show the 2407
state in which the traveler's check, money order, or similar 2408
written instrument was purchased.; or 2409
(c) The holder issuer has its principal place of business 2410
in this state; the holder's records of the issuer show the state 2411
in which the traveler's check, money order, or similar written 2412
instrument was purchased; and the laws of the state of purchase 2413
does not provide applicable do not provide for the escheat, 2414
abandoned, or unclaimed property laws or custodial taking of the 2415
property, or its escheat or unclaimed property law is not 2416
applicable to the property. 2417
(5) Notwithstanding any other provision of this chapter, 2418
subsection (4) applies to sums payable on traveler's checks, 2419
money orders, and similar written instruments presumed abandoned 2420
unclaimed on or after February 1, 1965, except to the extent 2421
that those sums have been paid over to a state prior to January 2422
1, 1974. 2423
Section 43. Section 717.1045, Florida Statutes, is amended 2424
to read: 2425

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717.1045 Gift certificates and similar credit items.—2426
Notwithstanding s. 717.117, an unredeemed gift certificate or 2427
credit memo as defined in s. 501.95 is not required to be 2428
reported as abandoned unclaimed property. 2429
(1) The consideration paid for an unredeemed gift 2430
certificate or credit memo is the property of the issuer of the 2431
unredeemed gift certificate or credit memo. 2432
(2) An unredeemed gift certificate or credit memo is 2433
subject only to any rights of a purchaser or owner thereof and 2434
is not subject to a claim made by any state acting on behalf of 2435
a purchaser or owner. 2436
(3) It is the intent of the Legislature that this section 2437
apply to the custodial holding of unredeemed gift certificates 2438
and credit memos. 2439
(4) However, a gift certificate or credit memo described 2440
in s. 501.95(2)(b) shall be reported as abandoned unclaimed 2441
property. The consideration paid for such a gift certificate or 2442
credit memo is the property of the owner of the gift certificate 2443
or credit memo. 2444
Section 44. Section 717.105, Florida Statutes, is amended 2445
to read: 2446
717.105 Checks, drafts, and similar instruments issued or 2447
certified by banking and financial organizations.— 2448
(1) Any sum payable on a check, draft, or similar 2449
instrument, except those subject to ss. 717.104 and 717.115, on 2450

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which a banking or financial organization is directly liable, 2451
including, but not limited to, a cashier's check or a certified 2452
check, which has been outstanding for more than 5 years after it 2453
was payable or after its issuance if payable on demand, is 2454
presumed abandoned unclaimed unless the apparent owner or 2455
authorized representative, within 5 years, has communicated in 2456
writing with the banking or financial organization concerning it 2457
or otherwise demonstrated a continued interest in the property 2458
in accordance with s. 717.102 indicated an interest as evidenced 2459
by a memorandum or other record on file with the banking or 2460
financial organization. 2461
(2) A No holder may not deduct from the amount of any 2462
instrument subject to this section any charges imposed by reason 2463
of the failure to present the instrument for encashment unless 2464
there is a valid and enforceable written contract between the 2465
holder and the apparent owner of the instrument pursuant to 2466
which the holder may impose those charges and does not regularly 2467
reverse or otherwise cancel those charges with respect to the 2468
instrument. 2469
Section 45. Subsection (1), paragraphs (a) and (b) of 2470
subsection (3), and subsections (4) and (5) of section 717.106, 2471
Florida Statutes, are amended to read: 2472
717.106 Bank deposits and funds in financial 2473
organizations.— 2474
(1) Any demand, savings, or matured time deposit with a 2475

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banking or financial organization, including deposits that are 2476
automatically renewable, and any funds paid toward the purchase 2477
of shares, a mutual investment certificate, or any other 2478
interest in a banking or financial organization is presumed 2479
abandoned unclaimed unless the apparent owner or authorized 2480
representative has, within 5 years, engaged in any of the 2481
following activities: 2482
(a) Increased or decreased the amount of the deposit or 2483
presented the passbook or other similar evidence of the deposit 2484
for the crediting of interest.; 2485
(b) Communicated in writing or by documented telephone 2486
contact with the banking or financial organization concerning 2487
the property.; 2488
(c) Otherwise demonstrated a continued indicated an 2489
interest in the property as evidenced by a memorandum or other 2490
record on file with the banking or financial organization.; 2491
(d) Owned other property to which paragraph (a), paragraph 2492
(b), or paragraph (c) is applicable and if the banking or 2493
financial organization communicates in writing with the owner 2494
with regard to the property that would otherwise be presumed 2495
abandoned unclaimed under this subsection at the address to 2496
which communications regarding the other property regularly are 2497
sent.; or 2498
(e) Had another relationship with the banking or financial 2499
organization concerning which the apparent owner has: 2500

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1. Communicated in writing with the banking or financial 2501
organization; or 2502
2. Otherwise demonstrated a continued indicated an 2503
interest as evidenced by a memorandum or other record on file 2504
with the banking or financial organization and if the banking or 2505
financial organization communicates in writing with the apparent 2506
owner or authorized representative with regard to the property 2507
that would otherwise be presumed abandoned unclaimed under this 2508
subsection at the address to which communications regarding the 2509
other relationship regularly are sent. 2510
(3) A No holder may not impose with respect to property 2511
described in subsection (1) any charges due to dormancy or 2512
inactivity or cease payment of interest unless: 2513
(a) There is an enforceable written contract between the 2514
holder and the apparent owner of the property pursuant to which 2515
the holder may impose those charges or cease payment of 2516
interest. 2517
(b) For property in excess of $2, the holder, no more than 2518
3 months prior to the initial imposition of those charges or 2519
cessation of interest, has given written notice to the apparent 2520
owner of the amount of those charges at the last known address 2521
of the apparent owner stating that those charges shall be 2522
imposed or that interest shall cease, but the notice provided in 2523
this section need not be given with respect to charges imposed 2524
or interest ceased before July 1, 1987. 2525

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(4) Any property described in subsection (1) that is 2526
automatically renewable is matured for purposes of subsection 2527
(1) upon the expiration of its initial time period except that, 2528
in the case of any renewal to which the apparent owner consents 2529
at or about the time of renewal by communicating in writing with 2530
the banking or financial organization or otherwise indicating 2531
consent as evidenced by a memorandum or other record on file 2532
prepared by an employee of the organization, the property is 2533
matured upon the expiration of the last time period for which 2534
consent was given. If, at the time provided for delivery in s. 2535
717.119, a penalty or forfeiture in the payment of interest 2536
would result from the delivery of the property, the time for 2537
delivery is extended until the time when no penalty or 2538
forfeiture would result. 2539
(5) If the documents establishing a deposit described in 2540
subsection (1) state the address of a beneficiary of the 2541
deposit, and the account has a value of at least $50, notice 2542
shall be given to the beneficiary as provided for notice to the 2543
apparent owner under s. 717.117 s. 717.117(6). This subsection 2544
shall apply to accounts opened on or after October 1, 1990. 2545
Section 46. Subsection (1) of section 717.107, Florida 2546
Statutes, is amended to read: 2547
717.107 Funds owing under life insurance policies, annuity 2548
contracts, and retained asset accounts; fines, penalties, and 2549
interest; United States Social Security Administration Death 2550

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Master File.— 2551
(1) Funds held or owing under any life or endowment 2552
insurance policy or annuity contract which has matured or 2553
terminated are presumed abandoned unclaimed if unclaimed for 2554
more than 5 years after the date of death of the insured, the 2555
annuitant, or the retained asset account holder, but property 2556
described in paragraph (3)(d) is presumed abandoned unclaimed if 2557
such property is not claimed for more than 2 years. The amount 2558
presumed abandoned unclaimed shall include any amount due and 2559
payable under s. 627.4615. 2560
Section 47. Section 717.1071, Florida Statutes, is amended 2561
to read: 2562
717.1071 Lost owners of abandoned unclaimed 2563
demutualization, rehabilitation, or related reorganization 2564
proceeds.— 2565
(1) Property distributable in the course of a 2566
demutualization, rehabilitation, or related reorganization of an 2567
insurance company is deemed abandoned 2 years after the date the 2568
property is first distributable if, at the time of the first 2569
distribution, the last known address of the apparent owner on 2570
the books and records of the holder is known to be incorrect or 2571
the distribution or statements are returned by the post office 2572
as undeliverable; and the apparent owner or authorized 2573
representative owner has not communicated in writing with the 2574
holder or its agent regarding the interest or otherwise 2575

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communicated with the holder regarding the interest as evidenced 2576
by a memorandum or other record on file with the holder or its 2577
agent. 2578
(2) Property distributable in the course of 2579
demutualization, rehabilitation, or related reorganization of a 2580
mutual insurance company that is not subject to subsection (1) 2581
shall be reportable as otherwise provided by this chapter. 2582
(3) Property subject to this section shall be reported and 2583
delivered no later than May 1 as of the preceding December 31; 2584
however, the initial report under this section shall be filed no 2585
later than November 1, 2003, as of December 31, 2002. 2586
Section 48. Section 717.108, Florida Statutes, is amended 2587
to read: 2588
717.108 Deposits held by utilities.—Any deposit, including 2589
any interest thereon, made by a subscriber with a utility to 2590
secure payment or any sum paid in advance for utility services 2591
to be furnished, less any lawful charges, that remains unclaimed 2592
by the apparent owner for more than 1 year after termination of 2593
the services for which the deposit or advance payment was made 2594
is presumed abandoned unclaimed. 2595
Section 49. Section 717.109, Florida Statutes, is amended 2596
to read: 2597
717.109 Refunds held by business associations.—Except as 2598
otherwise provided by law, any sum that a business association 2599
has been ordered to refund by a court or administrative agency 2600

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which has been unclaimed by the apparent owner for more than 1 2601
year after it became payable in accordance with the final 2602
determination or order providing for the refund, regardless of 2603
whether the final determination or order requires any person 2604
entitled to a refund to make a claim for it, is presumed 2605
abandoned unclaimed. 2606
Section 50. Section 717.1101, Florida Statutes, is amended 2607
to read: 2608
717.1101 Abandoned Unclaimed equity and debt of business 2609
associations.— 2610
(1)(a) Stock, or other equity interests, or debt of 2611
interest in a business association is presumed abandoned 2612
unclaimed on the date of the earliest of any of the following: 2613
1. Three years after the date a communication, other than 2614
communications required by s. 717.117, sent by the holder by 2615
first-class United States mail to the apparent owner is returned 2616
to the holder undelivered by the United States Postal Service. 2617
If such returned communication is resent within 1 month to the 2618
apparent owner, the 3-year dormancy period does not begin until 2619
the day the resent item is returned as undelivered. 2620
2. Five Three years after the most recent of any account 2621
owner-generated activity or communication initiated by the 2622
apparent owner or authorized representative which demonstrates 2623
continued interest in the related to the account, as recorded 2624
and maintained by in the holder. Routine automatic reinvestments 2625

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or other routine transactions previously authorized by the 2626
apparent owner or authorized representative do not prevent, 2627
interrupt, or reset the dormancy period and do not constitute an 2628
affirmative demonstration of continued interest. holder's 2629
database and records systems sufficient enough to demonstrate 2630
the owner's continued awareness or interest in the property; 2631
3.2. Two Three years after the date of the death of the 2632
apparent owner, as evidenced by: 2633
a. Notice to the holder of the apparent owner's death by 2634
an authorized representative administrator, beneficiary, 2635
relative, or trustee, or by a personal representative or other 2636
legal representative of the owner's estate; 2637
b. Receipt by the holder of a copy of the death 2638
certificate of the apparent owner; 2639
c. Confirmation by the holder of the apparent owner's 2640
death through though other means; or 2641
d. Other evidence from which the holder may reasonably 2642
conclude that the apparent owner is deceased.; or 2643
3. One year after the date on which the holder receives 2644
notice under subparagraph 2. if the notice is received 2 years 2645
or less after the owner's death and the holder lacked knowledge 2646
of the owner's death during that period of 2 years or less. 2647
(b) If the holder does not send communication to the 2648
apparent owner of a security by first-class United States mail 2649
on an annual basis, the holder shall attempt to confirm the 2650

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apparent owner's interest in the equity interest by sending the 2651
apparent owner an e-mail communication not later than 3 years 2652
after the apparent owner's or authorized representative's last 2653
demonstration of continued interest in the equity interest. 2654
However, the holder shall promptly attempt to contact the 2655
apparent owner by first-class United States mail if: 2656
1. The holder does not have information needed to send the 2657
apparent owner an e-mail communication or the holder believes 2658
that the apparent owner's e-mail address in the holder's records 2659
is not valid; 2660
2. The holder received notification that the e-mail 2661
communication was not received; or 2662
3. The apparent owner does not respond to the e-mail 2663
communication within 30 days after the communication was sent. 2664
(c) If first-class United States mail sent under paragraph 2665
(b) is returned to the holder undelivered by the United States 2666
Postal Service, the equity interest is presumed abandoned in 2667
accordance with paragraph (1)(a). 2668
(d) Unmatured or unredeemed debt, other than a bearer bond 2669
or an original issue discount bond, is presumed abandoned 5 2670
unclaimed 3 years after the date of the most recent interest 2671
payment unclaimed by the owner. 2672
(e)(c) Matured or redeemed debt is presumed abandoned 5 2673
unclaimed 3 years after the date of maturity or redemption. 2674
(f)(d) At the time property is presumed abandoned 2675

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unclaimed under paragraph (a) or paragraph (b), any other 2676
property right accrued or accruing to the owner as a result of 2677
the property interest and not previously presumed abandoned 2678
unclaimed is also presumed abandoned unclaimed. 2679
(2) The running of the applicable dormancy period under 2680
this section such 3-year period ceases if the apparent owner or 2681
authorized representative demonstrates continued interest under 2682
s. 717.102, including by any of the following actions person: 2683
(a)1. Communicating Communicates in writing or by other 2684
means with the association or its agent regarding the interest, 2685
or a dividend, distribution, or other sum payable as a result of 2686
the interest, as recorded by the association or its agent; or 2687
2. Otherwise communicates with the association regarding 2688
the interest or a dividend, distribution, or other sum payable 2689
as a result of the interest, as evidenced by a memorandum or 2690
other record on file with the association or its agent. 2691
(b) Presenting Presents an instrument issued to pay 2692
interest, or a dividend, or other cash distribution. If any 2693
future dividend, distribution, or other sum payable to the owner 2694
as a result of the interest is subsequently unclaimed not 2695
claimed by the owner, a new period in which the property is 2696
presumed abandoned unclaimed commences and relates back only to 2697
the time a subsequent dividend, distribution, or other sum 2698
became due and payable. 2699
(3) At the same time any interest is presumed abandoned 2700

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unclaimed under this section, any dividend, distribution, or 2701
other sum then held for or owing to the owner as a result of the 2702
interest, is presumed abandoned unclaimed. 2703
(4) Any dividend, profit, distribution, interest 2704
redemption, payment on principal, or other sum held or owing by 2705
a business association for or to a shareholder, 2706
certificateholder, member, bondholder, or other security holder, 2707
who has not claimed such amount or corresponded in writing with 2708
the business association concerning such amount, within 5 3 2709
years after the date prescribed for payment or delivery, is 2710
presumed abandoned unclaimed. 2711
(5) Notwithstanding any other provision of this section, 2712
equity interests in business association and securities accounts 2713
are not presumed abandoned solely due to inactivity if the 2714
holder knows the location of the apparent owner. 2715
(a) For purposes of this subsection, a holder shall 2716
perform data matching of owner records maintained in its 2717
database against commercially available third party data 2718
comparison sources to identify updated owner address information 2719
and indicators of deceased status. Utilizing any updated 2720
information, together with existing information of record, the 2721
holder is deemed to know the location of the apparent owner if: 2722
1. The holder communicates with the apparent owner at 2723
least annually by first-class United States mail or electronic 2724
means, including, but not limited to, electronic mail, text 2725

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message, mobile application, or similar mechanism; 2726
2. Such communication is successfully delivered, meaning 2727
not returned as undeliverable; and 2728
3. One or more additional account-level indicators 2729
demonstrating an owner indication of interest occurs at least 2730
once every 10 years, including: 2731
a. Owner-initiated activity, such as authenticated access 2732
to website, mobile engagement via mobile messaging, or other 2733
authenticated third party account servicing software; 2734
b. Updated contact information received authorized 2735
financial adviser; 2736
c. Responses to account notifications or alerts; 2737
d. Negotiation of distributions, including dividends; or 2738
e. Any other action by the apparent owner or authorized 2739
representative which reasonably demonstrates to the holder that 2740
the apparent owner or authorized representative is aware of and 2741
maintains an interest in the property. 2742
(b) Automatic deposits, reinvestments, or other recurring 2743
transactions initiated by the holder shall not independently 2744
constitute an indication of apparent owner interest for purposes 2745
of this section. 2746
(c) If the conditions in paragraph (a) are not satisfied, 2747
the owner's location is deemed unknown, and the equity interest 2748
or securities account may be presumed abandoned: 2749
1. Ten years after the owner's most recent indication of 2750

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interest in the property; or 2751
2. Ten years after the date a communication is returned as 2752
undeliverable, unless the owner responses to a due diligence 2753
notice before the reporting deadline. 2754
(d) Property described in paragraph (c) may be presumed 2755
abandoned only after reasonable efforts to locate the owner have 2756
been unsuccessful and the holder has complied with the due 2757
diligence requirement of this chapter. 2758
(e) This subsection applies to equity interests and 2759
securities accounts held directly by the owner or indirectly 2760
through a brokerage account or similar account 2761
Section 51. Section 717.111, Florida Statutes, is amended 2762
to read: 2763
717.111 Property of business associations held in course 2764
of dissolution.—All intangible property distributable in the 2765
course of a voluntary or involuntary dissolution of a business 2766
association which is not claimed by the apparent owner for more 2767
than 6 months after the date specified for final distribution is 2768
presumed abandoned unclaimed. 2769
Section 52. Subsections (1) and (5) of section 717.112, 2770
Florida Statutes, are amended to read: 2771
717.112 Property held by agents and fiduciaries.— 2772
(1) All intangible property and any income or increment 2773
thereon held in a fiduciary capacity for the benefit of another 2774
person, including property held by an attorney in fact or an 2775

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agent, except as provided in ss. 717.1125 and 733.816, is 2776
presumed abandoned unclaimed unless the apparent owner has 2777
within 5 years after it has become payable or distributable 2778
increased or decreased the principal, accepted payment of 2779
principal or income, communicated in writing concerning the 2780
property, or otherwise indicated an interest as evidenced by a 2781
memorandum or other record on file with the fiduciary. 2782
(5) All intangible property, and any income or increment 2783
thereon, issued by a government or governmental subdivision or 2784
agency, public corporation, or public authority and held in an 2785
agency capacity for the governmental subdivision, agency, public 2786
corporation, or public authority for the benefit of the owner of 2787
record, is presumed abandoned unclaimed unless the apparent 2788
owner has, within 1 year after such property has become payable 2789
or distributable, increased or decreased the principal, accepted 2790
payment of the principal or income, communicated concerning the 2791
property, or otherwise indicated an interest in the property as 2792
evidenced by a memorandum or other record on file with the 2793
fiduciary. 2794
Section 53. Section 717.1125, Florida Statutes, is amended 2795
to read: 2796
717.1125 Property held by fiduciaries under trust 2797
instruments.—All intangible property and any income or increment 2798
thereon held in a fiduciary capacity for the benefit of another 2799
person under a trust instrument is presumed abandoned unclaimed 2800

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unless the apparent owner has, within 2 years after it has 2801
become payable or distributable, increased or decreased the 2802
principal, accepted payment of principal or income, communicated 2803
concerning the property, or otherwise indicated an interest as 2804
evidenced by a memorandum or other record on file with the 2805
fiduciary. This section does not relieve a fiduciary of his or 2806
her duties under the Florida Trust Code. 2807
Section 54. Section 717.113, Florida Statutes, is amended 2808
to read: 2809
717.113 Property held by courts and public agencies.—All 2810
intangible property held for the apparent owner by any court, 2811
government or governmental subdivision or agency, public 2812
corporation, or public authority that has not been claimed by 2813
the apparent owner for more than 1 year after it became payable 2814
or distributable is presumed abandoned unclaimed. Except as 2815
provided in s. 45.032(3)(c), money held in the court registry 2816
and for which no court order has been issued to determine an 2817
owner does not become payable or distributable and is not 2818
subject to reporting under this chapter. Notwithstanding the 2819
provisions of this section, funds deposited in the Minerals 2820
Trust Fund pursuant to s. 377.247 are presumed abandoned 2821
unclaimed only if the funds have not been claimed by the 2822
apparent owner for more than 5 years after the date of first 2823
production from the well. 2824
Section 55. Section 717.115, Florida Statutes, is amended 2825

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to read: 2826
717.115 Wages.—Unpaid wages, including wages represented 2827
by unpresented payroll checks, owing in the ordinary course of 2828
the holder's business that have not been claimed by the apparent 2829
owner for more than 1 year after becoming payable are presumed 2830
abandoned unclaimed. 2831
Section 56. Section 717.116, Florida Statutes, is amended 2832
to read: 2833
717.116 Contents of safe-deposit box or other safekeeping 2834
repository.—All tangible and intangible property held by a 2835
banking or financial organization in a safe-deposit box or any 2836
other safekeeping repository in this state in the ordinary 2837
course of the holder's business, and proceeds resulting from the 2838
sale of the property permitted by law, that has not been claimed 2839
by the apparent owner or authorized representative for more than 2840
3 years after the lease or rental period on the box or other 2841
repository has expired are presumed abandoned unclaimed. 2842
Section 57. Section 717.117, Florida Statutes, is amended 2843
to read: 2844
717.117 Holder due diligence and report of abandoned 2845
unclaimed property.— 2846
(1) Property is presumed abandoned upon expiration of the 2847
applicable dormancy period under this chapter. However, such 2848
property is not deemed abandoned for purposes of reporting or 2849
remittance to the department until the holder has conducted 2850

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reasonable due diligence as required by this section, resulting 2851
in no indication of interest from the apparent owner or 2852
authorized representative. 2853
(2) Holders of property presumed abandoned that has a 2854
value of $50 or more shall use due diligence to locate and 2855
notify the apparent owner that the holder is in possession of 2856
property subject to this chapter. At least 90 days, but not more 2857
than 180 days, before filing the report required by this 2858
section, a holder in possession of presumed abandoned property 2859
shall send written notice by first-class United States mail to 2860
the apparent owner's last known address as shown in the holder's 2861
records or from other available sources, or by e-mail if the 2862
apparent owner has elected for e-mail delivery, informing the 2863
apparent owner that the holder is in possession of property 2864
subject to this chapter, provided that the holder's records 2865
contain a mailing or e-mail address for the apparent owner which 2866
is not known by the holder to be inaccurate. The holder may 2867
provide notice by mail, by e-mail, or by both methods. If the 2868
holder's records indicate that the mailing address is 2869
inaccurate, notice may be provided by e-mail if the apparent 2870
owner has elected e-mail delivery. 2871
(3) If the value of the property is greater than $1,000, 2872
the holder shall send a second written notice by certified 2873
United States mail, return receipt requested, to the apparent 2874
owner's last known address at least 60 days before filing the 2875

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report required by this section, if the holder's records contain 2876
a mailing address for the apparent owner which is not known by 2877
the holder to be inaccurate. Reasonable costs paid to the United 2878
States Postal Service for certified mail, return receipt 2879
requested, may be deducted from the property as a service 2880
charge. A signed return receipt received in response to the 2881
certified mail notice constitutes an affirmative demonstration 2882
of continued interest as described in s. 717.102. 2883
(4) The written notice required under this section must 2884
include: 2885
(a) A heading that reads substantially as follows: 2886
"Notice: The State of Florida requires us to notify you that 2887
your property may be transferred to the custody of the Florida 2888
Department of Financial Services if you do not contact us before 2889
...(insert date that is at least 30 days after the date of 2890
notice)...." 2891
(b) A description of the type, nature, and, unless the 2892
property does not have a fixed value, value of the property that 2893
is the subject of the notice. 2894
(c) A statement that the property will be turned over to 2895
the custody of the department as abandoned property if no 2896
response is received. 2897
(d) A statement that noncash property will be sold or 2898
liquidated by the department. 2899
(e) A statement that, after the property is remitted to 2900

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the department, a claim must be filed with the department to 2901
recover the property. 2902
(f) A statement that the property is currently in the 2903
custody of the holder and that the apparent owner may prevent 2904
transfer of the property by contacting the holder before the 2905
deadline stated in the notice. 2906
(g) If the property is virtual currency, a statement that 2907
the virtual currency will be liquated by the holder before it is 2908
remitted to the department and that only the proceeds of 2909
liquidation will be transferred. 2910
(5) Every holder of abandoned person holding funds or 2911
other property, tangible or intangible, presumed unclaimed and 2912
subject to custody as unclaimed property under this chapter 2913
shall submit a report to the department via electronic medium as 2914
the department may prescribe by rule. The report must include: 2915
(a) Except for traveler's checks and money orders, the 2916
name, social security number or taxpayer identification number, 2917
date of birth, if known, and last known address, if any, of each 2918
apparent person appearing from the records of the holder to be 2919
the owner of any property which is abandoned presumed unclaimed 2920
and which has a value of $10 or more. 2921
(b) For abandoned unclaimed funds that have a value of $10 2922
or more held or owing under any life or endowment insurance 2923
policy or annuity contract, the identifying information provided 2924
in paragraph (a) for both the insured or annuitant and the 2925

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beneficiary according to records of the insurance company 2926
holding or owing the funds. 2927
(c) For all tangible property held in a safe-deposit box 2928
or other safekeeping repository, a description of the property 2929
and the place where the property is held and may be inspected by 2930
the department, and any amounts owing to the holder. Contents of 2931
a safe-deposit box or other safekeeping repository which consist 2932
of documents or writings of a private nature and which have 2933
little or no commercial value may apparent value shall not be 2934
reported as abandoned property presumed unclaimed. 2935
(d) The nature or type of property, any accounting or 2936
identifying number associated with the property, a description 2937
of the property, and the amount appearing from the records to be 2938
due. Items of value of less than $10 each may be reported in the 2939
aggregate. 2940
(e) The date the property became payable, demandable, or 2941
returnable, and the date of the last transaction with the 2942
apparent owner with respect to the property. 2943
(f) Any other information the department may prescribe by 2944
rule as necessary for the administration of this chapter. 2945
(6)(2) If the total value of all abandoned presumed 2946
unclaimed property, whether tangible or intangible, held by a 2947
person is less than $10, a zero balance report may be filed for 2948
that reporting period. 2949
(7)(3) Credit balances, customer overpayments, security 2950

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deposits, and refunds having a value of less than $10 may not be 2951
reported as abandoned property shall not be presumed unclaimed. 2952
(8) A security identified by the holder as non-freely 2953
transferable or worthless may not to be included in a report 2954
filed under this section. If the holder determines that a 2955
security is no longer non-freely transferable or worthless, the 2956
holder shall report and deliver the security on the next regular 2957
report date prescribed for delivery of securities by the holder 2958
under this chapter. 2959
(9)(4) If the holder of abandoned property presumed 2960
unclaimed and subject to custody under this chapter as unclaimed 2961
property is a successor holder or if the holder has changed the 2962
holder's name while in possession of the property, the holder 2963
shall file with the holder's report all known names and 2964
addresses of each prior holder of the property. Compliance with 2965
this subsection means the holder exercises reasonable and 2966
prudent efforts to determine the names of all prior holders. 2967
(10) The report must be signed by or on behalf of the 2968
holder and verified as to its completeness and accuracy, and the 2969
holder must state that it has complied with the due diligence 2970
requirements of this section. 2971
(11)(5) The report must be filed before May 1 of each 2972
year. The report applies to the preceding calendar year. Upon 2973
written request by any person required to file a report, and 2974
upon a showing of good cause, the department may extend the 2975

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reporting date. The department may impose and collect a penalty 2976
of $10 per day up to a maximum of $500 for the failure to timely 2977
report, if an extension was not provided or if the holder of the 2978
property failed to include in a report information required by 2979
this chapter which was in the holder's possession at the time of 2980
reporting. The penalty shall be remitted to the department 2981
within 30 days after the date of the notification to the holder 2982
that the penalty is due and owing. As necessary for proper 2983
administration of this chapter, the department may waive any 2984
penalty due with appropriate justification. The department must 2985
provide information contained in a report filed with the 2986
department to any person requesting a copy of the report or 2987
information contained in a report, to the extent the information 2988
requested is not confidential, within 45 days after the 2989
department determines that the report is accurate and acceptable 2990
and that the reported property is the same as the remitted 2991
property. 2992
(6) Holders of inactive accounts having a value of $50 or 2993
more shall use due diligence to locate and notify apparent 2994
owners that the entity is holding unclaimed property available 2995
for them to recover. Not more than 120 days and not less than 60 2996
days prior to filing the report required by this section, the 2997
holder in possession of property presumed unclaimed and subject 2998
to custody as unclaimed property under this chapter shall send 2999
written notice by first-class United States mail to the apparent 3000

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owner at the apparent owner's last known address from the 3001
holder's records or from other available sources, or via 3002
electronic mail if the apparent owner has elected this method of 3003
delivery, informing the apparent owner that the holder is in 3004
possession of property subject to this chapter, if the holder 3005
has in its records a mailing or electronic address for the 3006
apparent owner which the holder's records do not disclose to be 3007
inaccurate. These two means of contact are not mutually 3008
exclusive; if the mailing address is determined to be 3009
inaccurate, electronic mail may be used if so elected by the 3010
apparent owner. 3011
(7) The written notice to the apparent owner required 3012
under this section must: 3013
(a) Contain a heading that reads substantially as follows: 3014
"Notice. The State of Florida requires us to notify you that 3015
your property may be transferred to the custody of the Florida 3016
Department of Financial Services if you do not contact us before 3017
...(insert date that is at least 30 days after the date of 3018
notice)...." 3019
(b) Identify the type, nature, and, except for property 3020
that does not have a fixed value, value of the property that is 3021
the subject of the notice. 3022
(c) State that the property will be turned over to the 3023
custody of the department as unclaimed property if no response 3024
to this letter is received. 3025

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(d) State that any property that is not legal tender of 3026
the United States may be sold or liquidated by the department. 3027
(e) State that after the property is turned over to the 3028
department, an apparent owner seeking return of the property may 3029
file a claim with the department. 3030
(f) State that the property is currently with a holder and 3031
provide instructions that the apparent owner must follow to 3032
prevent the holder from reporting and paying for the property or 3033
from delivering the property to the department. 3034
(12)(8) Any holder of intangible property may file with 3035
the department a petition for determination that the property is 3036
abandoned and unclaimed requesting the department to accept 3037
custody of the property. The petition shall state any special 3038
circumstances that exist, contain the information required by 3039
subsection (9) subsection (4), and show that a diligent search 3040
has been made to locate the apparent owner. If the department 3041
finds that the proof of diligent search is satisfactory, it 3042
shall give notice as provided in s. 717.118 and accept custody 3043
of the property. 3044
(13)(9) Upon written request by any entity or person 3045
required to file a report, stating such entity's or person's 3046
justification for such action, the department may place that 3047
entity or person in an inactive status as an abandoned unclaimed 3048
property "holder." 3049
(14)(10)(a) This section does not apply to the abandoned 3050

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unclaimed patronage refunds as provided for by contract or 3051
through bylaw provisions of entities organized under chapter 425 3052
or that are exempt from ad valorem taxation pursuant to s. 3053
196.2002. 3054
(b) This section does not apply to intangible property 3055
held, issued, or owing by a business association subject to the 3056
jurisdiction of the United States Surface Transportation Board 3057
or its successor federal agency if the apparent owner of such 3058
intangible property is a business association. The holder of 3059
such property does not have any obligation to report, to pay, or 3060
to deliver such property to the department. 3061
(c) This section does not apply to credit balances, 3062
overpayments, refunds, or outstanding checks owed by a health 3063
care provider to a managed care payor with whom the health care 3064
provider has a managed care contract, provided that the credit 3065
balances, overpayments, refunds, or outstanding checks become 3066
due and owing pursuant to the managed care contract. 3067
(15)(11)(a) As used in this subsection, the term "property 3068
identifier" means the descriptor used by the holder to identify 3069
the abandoned unclaimed property. 3070
(b) Social security numbers and property identifiers 3071
contained in reports required under this section, held by the 3072
department, are confidential and exempt from s. 119.07(1) and s. 3073
24(a), Art. I of the State Constitution. 3074
(c) This exemption applies to social security numbers and 3075

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property identifiers held by the department before, on, or after 3076
the effective date of this exemption. 3077
Section 58. Section 717.118, Florida Statutes, is amended 3078
to read: 3079
717.118 Notification of apparent owners of abandoned 3080
unclaimed property.— 3081
(1) It is specifically recognized that the state has an 3082
obligation to make an effort to notify apparent owners in a 3083
cost-effective manner that their abandoned property has been 3084
reported and remitted to the department of unclaimed property in 3085
a cost-effective manner. In order to provide all the citizens of 3086
this state an effective and efficient program for the recovery 3087
of abandoned personal unclaimed property, the department shall 3088
use cost-effective means to make at least one active attempt to 3089
notify apparent owners of abandoned unclaimed property accounts 3090
valued at $50 or more, abandoned tangible property, and 3091
abandoned shares of stock for which more than $250 with a 3092
reported address or taxpayer identification number is available. 3093
Such active attempt to notify apparent owners shall include any 3094
attempt by the department to directly contact the apparent 3095
owner. Other means of notification, such as publication of the 3096
names of apparent owners in the newspaper, on television, on the 3097
Internet, or through other promotional efforts and items in 3098
which the department does not directly attempt to contact the 3099
apparent owner are expressly declared to be passive attempts. 3100

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Nothing in This subsection does not preclude precludes other 3101
agencies or entities of state government from notifying owners 3102
of the existence of abandoned unclaimed property or attempting 3103
to notify apparent owners of abandoned unclaimed property. 3104
(2) Notification provided directly to individual apparent 3105
owners shall contain consist of a description of the abandoned 3106
property and information regarding recovery of the unclaimed 3107
property from the department. The form and content of the 3108
department's notice shall be tailored to the type of property 3109
reported and shall include any information necessary to 3110
reasonably inform the apparent owner of the consequences of 3111
failure to claim the property, including potential sale or 3112
disposition under s. 717.122. 3113
(3) The department shall maintain a publicly accessible, 3114
electronically searchable website that includes the names of 3115
apparent owners of abandoned property reported to the department 3116
and instructions for filing a claim. The website must list 3117
property valued at $10 or more and provide instructions for 3118
filing a claim. Abandoned property valued at less than $10 3119
remains recoverable from the department in accordance with this 3120
chapter. 3121
(4) This section is not applicable to abandoned sums 3122
payable on traveler's checks, money orders, and other written 3123
instruments presumed unclaimed under s. 717.104, or any other 3124
abandoned property reported without the necessary identifying 3125

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information to establish ownership. 3126
Section 59. Section 717.119, Florida Statutes, is amended 3127
to read: 3128
717.119 Payment or delivery of abandoned unclaimed 3129
property.— 3130
(1) Every person who is required to file a report under s. 3131
717.117 shall simultaneously pay or deliver to the department 3132
all abandoned unclaimed property required to be reported. Such 3133
payment or delivery shall accompany the report as required in 3134
this chapter for the preceding calendar year. 3135
(2) Payment of abandoned unclaimed funds may be made to 3136
the department by electronic funds transfer. 3137
(3) If the apparent owner establishes the right to receive 3138
the abandoned unclaimed property to the satisfaction of the 3139
holder before the property has been delivered to the department 3140
or it appears that for some other reason the presumption that 3141
the property was erroneously classified as abandoned is 3142
unclaimed is erroneous, the holder need not pay or deliver the 3143
property to the department. In lieu of delivery, the holder 3144
shall file a verified written explanation of the proof of claim 3145
or of the error in classification of the presumption that the 3146
property as abandoned was unclaimed. 3147
(4) All virtual currency reported under this chapter on 3148
the annual report filing required in s. 717.117 shall be 3149
remitted to the department with the report. The holder shall 3150

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liquidate the virtual currency and remit the proceeds to the 3151
department. The liquidation must occur within 30 days before the 3152
filing of the report. Upon delivery of the virtual currency 3153
proceeds to the department, the holder is relieved of all 3154
liability of every kind in accordance with the provisions of s. 3155
717.1201 to every person for any losses or damages resulting to 3156
the person by the delivery to the department of the virtual 3157
currency proceeds. 3158
(5) All stock or other intangible ownership interest 3159
reported under this chapter on the annual report filing required 3160
in s. 717.117 shall be remitted to the department with the 3161
report. Upon delivery of the stock or other intangible ownership 3162
interest to the department, the holder and any transfer agent, 3163
registrar, or other person acting for or on behalf of a holder 3164
is relieved of all liability of every kind in accordance with 3165
the provisions of s. 717.1201 to every person for any losses or 3166
damages resulting to the person by the delivery to the 3167
department of the stock or other intangible ownership interest. 3168
(6) All intangible and tangible property held in a safe-3169
deposit box or any other safekeeping repository reported under 3170
s. 717.117 shall not be delivered to the department until 120 3171
days after the report due date. The delivery of the property, 3172
through the United States mail or any other carrier, shall be 3173
insured by the holder at an amount equal to the estimated value 3174
of the property. Each package shall be clearly marked on the 3175

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outside "Deliver Unopened." A holder's safe-deposit box contents 3176
shall be delivered to the department in a single shipment. In 3177
lieu of a single shipment, holders may provide the department 3178
with a single detailed shipping schedule that includes package 3179
tracking information for all packages being sent pursuant to 3180
this section. 3181
(a) Holders may remit the value of cash and coins found in 3182
abandoned unclaimed safe-deposit boxes to the department by 3183
cashier's check or by electronic funds transfer, unless the cash 3184
or coins have a value above face value. The department shall 3185
identify by rule those cash and coin items having a numismatic 3186
value. Cash and coin items identified as having a numismatic 3187
value shall be remitted to the department in their original 3188
form. 3189
(b) Any firearm or ammunition found in an abandoned 3190
unclaimed safe-deposit box or any other safekeeping repository 3191
shall be delivered by the holder to a law enforcement agency for 3192
property handling or disposal pursuant to s. 705.103(2)(b). If 3193
the firearm is sold by the law enforcement agency, with the 3194
balance of the proceeds shall be deposited into the State School 3195
Fund if the firearm is sold. However, The department is 3196
authorized to make a reasonable attempt to ascertain the 3197
historical value to collectors of any firearm that has been 3198
delivered to the department. Any firearm appearing to have 3199
historical value to collectors may be sold by the department 3200

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pursuant to s. 717.122 to a person having a federal firearms 3201
license. Any firearm which is not sold pursuant to s. 717.122 3202
shall be delivered by the department to a law enforcement agency 3203
in this state for proper handling or disposal. In accordance 3204
with pursuant to s. 705.103(2)(b), if the firearm is sold by the 3205
law enforcement agency, with the balance of the proceeds shall 3206
be deposited into the State School Fund if the firearm is sold. 3207
The department shall not be administratively, civilly, or 3208
criminally liable for any firearm delivered by the department to 3209
a law enforcement agency in this state for disposal. 3210
(c) If such property is not paid or delivered to the 3211
department on or before the applicable payment or delivery date, 3212
the holder shall pay to the department a penalty for each safe-3213
deposit box shipment received late. The penalty shall be $100 3214
for a safe-deposit box shipment container that is late 30 days 3215
or less. Thereafter, the penalty shall be $500 for a safe-3216
deposit box shipment container that is late for each additional 3217
successive 30-day period. The penalty assessed against a holder 3218
for a late safe-deposit box shipment container shall not exceed 3219
$4,000 annually. The penalty shall be remitted to the department 3220
within 30 days after the date of the notification to the holder 3221
that the penalty is due and owing. 3222
(d) The department may waive any penalty due with 3223
appropriate justification, as provided by rule. 3224
(e) If a will or trust instrument is included among the 3225

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contents of an abandoned a safe-deposit box or other safekeeping 3226
repository delivered to the department, the department must 3227
provide a copy of the will, trust, and any codicils or 3228
amendments to such will or trust instrument, upon request, to 3229
anyone who provides the department with a certified copy of the 3230
death certificate or another government certified record 3231
evidencing evidence of the death of the testator or settlor. 3232
(7) Any holder may request an extension in writing of up 3233
to 60 days for the delivery of property if extenuating 3234
circumstances exist for the late delivery of the property. Any 3235
such extension the department may grant shall be in writing. 3236
(8) A holder may not assign or otherwise transfer its 3237
obligation to report, pay, or deliver property or to comply with 3238
the provisions of this chapter, other than to a parent, 3239
subsidiary, or affiliate of the holder. 3240
(a) Unless otherwise agreed to by the parties to a 3241
transaction, the holder's successor by merger or consolidation, 3242
or any person or entity that acquires all or substantially all 3243
of the holder's capital stock or assets, is responsible for 3244
fulfilling the holder's obligation to report, pay, or deliver 3245
property or to comply with the duties of this chapter regarding 3246
the transfer of property owed to the holder's successor and 3247
being held for an owner resulting from the merger, 3248
consolidation, or acquisition. 3249
(b) This subsection does not prohibit a holder from 3250

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contracting with a third party for the reporting of abandoned 3251
unclaimed property, but the holder remains responsible to the 3252
department for the complete, accurate, and timely reporting of 3253
the property. 3254
Section 60. Subsections (1), (2), and (4) of section 3255
717.1201, Florida Statutes, are amended to read: 3256
717.1201 Custody by state; holder liability; reimbursement 3257
of holder paying claim; reclaiming for owner; payment of safe-3258
deposit box or repository charges.— 3259
(1) Upon the good faith payment or delivery of abandoned 3260
unclaimed property to the department, the state assumes custody 3261
and responsibility for the safekeeping of the property. Any 3262
person who pays or delivers abandoned unclaimed property to the 3263
department in good faith is relieved of all liability to the 3264
extent of the value of the property paid or delivered for any 3265
claim then existing or which thereafter may arise or be made 3266
with in respect to the property. 3267
(a) A holder's substantial compliance with the due 3268
diligence provisions in s. 717.117 s. 717.117(6) and good faith 3269
payment or delivery of abandoned unclaimed property to the 3270
department releases the holder from liability that may arise 3271
from such payment or delivery, and such delivery and payment may 3272
be pleaded as a defense in any suit or action brought by reason 3273
of such delivery or payment. This section does not relieve a 3274
fiduciary of his or her duties under the Florida Trust Code or 3275

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Florida Probate Code. 3276
(b) If the holder pays or delivers property to the 3277
department in good faith and thereafter any other person claims 3278
the property from the holder paying or delivering, or another 3279
state claims the money or property under that state's laws 3280
relating to escheat or abandoned or unclaimed property, the 3281
department, upon written notice of the claim, shall defend the 3282
holder against the claim and indemnify the holder against any 3283
liability on the claim, except that a holder may not be 3284
indemnified against penalties imposed by another state. 3285
(2) For the purposes of this section, a payment or 3286
delivery of abandoned unclaimed property is made in good faith 3287
if: 3288
(a) The payment or delivery was made in conjunction with 3289
an accurate and acceptable report. 3290
(b) The payment or delivery was made in a reasonable 3291
attempt to comply with this chapter and other applicable general 3292
law. 3293
(c) The holder had a reasonable basis for believing, based 3294
on the facts then known, that the property was abandoned 3295
unclaimed and subject to this chapter. 3296
(d) There is no showing that the records pursuant to which 3297
the delivery was made did not meet reasonable commercial 3298
standards of practice in the industry. 3299
(4) Any holder who has delivered property, including a 3300

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certificate of any interest in a business association, other 3301
than money to the department pursuant to this chapter may 3302
reclaim the property if still in the possession of the 3303
department, without payment of any fee or other charges, upon 3304
filing proof that the person entitled to the property owner has 3305
claimed it the property from the holder. 3306
Section 61. Section 717.122, Florida Statutes, is amended 3307
to read: 3308
717.122 Public sale of abandoned unclaimed property.— 3309
(1) Except as provided in paragraph (2)(a), the department 3310
after the receipt of abandoned unclaimed property shall sell it 3311
to the highest bidder at public sale on the Internet or at a 3312
specified physical location wherever in the judgment of the 3313
department the most favorable market for the property involved 3314
exists. The department may decline the highest bid and reoffer 3315
the property for sale if in the judgment of the department the 3316
bid is insufficient. The department shall have the discretion to 3317
withhold from sale any abandoned unclaimed property that the 3318
department deems to be of benefit to the people of the state. If 3319
in the judgment of the department the probable cost of sale 3320
exceeds the value of the property, it need not be offered for 3321
sale and may be disposed of as the department determines 3322
appropriate. Any sale at a specified physical location held 3323
under this section must be preceded by a single publication of 3324
notice, at least 3 weeks in advance of sale, in a newspaper of 3325

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general circulation in the county in which the property is to be 3326
sold. The department shall proportionately deduct auction fees, 3327
preparation costs, and expenses from the amount posted to an the 3328
owner's account for an abandoned when safe-deposit box when the 3329
contents are sold. No action or proceeding may be maintained 3330
against the department for or on account of any decision to 3331
decline the highest bid or withhold any abandoned unclaimed 3332
property from sale. 3333
(2)(a) Securities listed on an established stock exchange 3334
must be sold at prices prevailing at the time of sale on the 3335
exchange. Other securities may be sold over the counter at 3336
prices prevailing at the time of sale or by any other method the 3337
department deems advisable. The department may authorize the 3338
agent or broker acting on behalf of the department to deduct 3339
fees from the proceeds of these sales at a rate agreed upon in 3340
advance by the agent or broker and the department. The 3341
department shall reimburse owners' accounts for these brokerage 3342
fees from the State School Fund unless the securities are sold 3343
at the owner's request. 3344
(b) Unless the department deems it to be in the public 3345
interest to do otherwise, all abandoned securities presumed 3346
unclaimed and delivered to the department may be sold upon 3347
receipt. Any person making a claim pursuant to this chapter is 3348
entitled to receive either the securities delivered to the 3349
department by the holder, if they still remain in the hands of 3350

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the department, or the proceeds received from sale, but no 3351
person has any claim under this chapter against the state, the 3352
holder, any transfer agent, any registrar, or any other person 3353
acting for or on behalf of a holder for any appreciation in the 3354
value of the property occurring after delivery by the holder to 3355
the state. 3356
(c) Certificates for abandoned unclaimed stock or other 3357
equity interest of business associations that cannot be canceled 3358
and registered in the department's name or that cannot be 3359
readily liquidated and converted into the currency of the United 3360
States may be sold for the value of the certificate, if any, in 3361
accordance with subsection (1) or may be destroyed in accordance 3362
with s. 717.128. 3363
(3) The purchaser of property at any sale conducted by the 3364
department pursuant to this chapter is entitled to ownership of 3365
the property purchased free from all claims of the owner or 3366
previous holder thereof and of all persons claiming through or 3367
under them. The department shall execute all documents necessary 3368
to complete the transfer of ownership. 3369
(4) The sale of abandoned unclaimed tangible personal 3370
property is not subject to tax under chapter 212 when such 3371
property is sold by or on behalf of the department pursuant to 3372
this section. 3373
Section 62. Section 717.123, Florida Statutes, is amended 3374
to read: 3375

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717.123 Deposit of funds.— 3376
(1) All funds received under this chapter, including the 3377
proceeds from the sale of abandoned unclaimed property under s. 3378
717.122, shall immediately forthwith be deposited by the 3379
department in the Abandoned Unclaimed Property Trust Fund. The 3380
department shall retain, from funds received under this chapter, 3381
an amount not exceeding $15 million from which the department 3382
shall make prompt payment of claims allowed by the department 3383
and shall pay the costs incurred by the department in 3384
administering and enforcing this chapter. All remaining funds 3385
received by the department under this chapter shall be deposited 3386
by the department into the State School Fund. 3387
(2) The department shall record the name and last known 3388
address of each person appearing from the holder's reports to be 3389
entitled to the abandoned unclaimed property in the total 3390
amounts of $5 or greater; the name and the last known address of 3391
each insured person or annuitant; and with respect to each 3392
policy or contract listed in the report of an insurance 3393
corporation, its number, the name of the corporation, and the 3394
amount due. 3395
Section 63. Section 717.1235, Florida Statutes, is amended 3396
to read: 3397
717.1235 Dormant campaign accounts; report of unclaimed 3398
property.—Abandoned Unclaimed funds reported in the name of a 3399
campaign for public office, for any campaign that must dispose 3400

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of surplus funds in its campaign account pursuant to s. 106.141, 3401
after being reported to the department, shall be deposited with 3402
the Chief Financial Officer to the credit of the State School 3403
Fund. 3404
Section 64. Section 717.124, Florida Statutes, is amended 3405
to read: 3406
717.124 Abandoned Unclaimed property claims.— 3407
(1) Any person, excluding another state, claiming an 3408
interest in any property paid or delivered to the department 3409
under this chapter may file with the department a claim on a 3410
form prescribed by the department and verified by the claimant 3411
or the claimant claimant's representative. The claimant's 3412
representative must be an attorney licensed to practice law in 3413
this state, a licensed Florida-certified public accountant, or a 3414
private investigator licensed under chapter 493. The claimant 3415
claimant's representative must be registered with the department 3416
under this chapter. The claimant, or the claimant claimant's 3417
representative, shall provide the department with a legible copy 3418
of a valid driver license of the claimant at the time the 3419
original claim form is filed. If the claimant has not been 3420
issued a valid driver license at the time the original claim 3421
form is filed, the department shall be provided with a legible 3422
copy of a photographic identification of the claimant issued by 3423
the United States, a state or territory of the United States, a 3424
foreign nation, or a political subdivision or agency thereof or 3425

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other evidence deemed acceptable by the department by rule. In 3426
lieu of photographic identification, a notarized sworn statement 3427
by the claimant may be provided which affirms the claimant's 3428
identity and states the claimant's full name and address. The 3429
claimant must produce to the notary photographic identification 3430
of the claimant issued by the United States, a state or 3431
territory of the United States, a foreign nation, or a political 3432
subdivision or agency thereof or other evidence deemed 3433
acceptable by the department by rule. The notary shall indicate 3434
the notary's full address on the notarized sworn statement. Any 3435
claim filed without the required identification or the sworn 3436
statement with the original claim form and the original 3437
Abandoned Unclaimed Property Recovery Agreement or Abandoned 3438
Unclaimed Property Purchase Agreement, if applicable, is void. 3439
(a) Within 90 days after receipt of a claim, the 3440
department may return any claim that provides for the receipt of 3441
fees and costs greater than that permitted under this chapter or 3442
that contains any apparent errors or omissions. The department 3443
may also request that the claimant or the claimant claimant's 3444
representative provide additional information. The department 3445
shall retain a copy or electronic image of the claim. 3446
(b) A claim is considered to have been withdrawn by a 3447
claimant or the claimant's representative if: 3448
1. The department receives a written acknowledgement from 3449
the claimant confirming withdrawal of the claim; 3450

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2. The department receives a written notice to withdraw 3451
the claim from a claimant representative that is accompanied by 3452
written authorization from the claimant expressly approving 3453
withdrawal of the claim. The authorization must state the reason 3454
for the withdrawal, contain an acknowledgement that the claimant 3455
understands that withdrawal will affect the processing of that 3456
claim and may affect the processing of other pending claims, and 3457
must be signed by the claimant. The claimant's authorization 3458
must be submitted concurrently with, or as part of, the 3459
withdrawal notice; or 3460
3. The claimant or the claimant's representative fails to 3461
respond to the department's written does not receive a response 3462
to its request for additional information within 60 days after 3463
the notification of any apparent errors or omissions. 3464
(c) Within 90 days after receipt of the claim, or the 3465
response of the claimant or the claimant claimant's 3466
representative to the department's request for additional 3467
information, whichever is later, the department shall determine 3468
each claim. Such determination shall contain a notice of rights 3469
provided by ss. 120.569 and 120.57. The 90-day period shall be 3470
extended by 60 days if the department has good cause to need 3471
additional time or if the abandoned unclaimed property: 3472
1. Is owned by a person who has been a debtor in 3473
bankruptcy; 3474
2. Was reported with an address outside of the United 3475

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States; 3476
3. Is being claimed by a person outside of the United 3477
States; or 3478
4. Contains documents filed in support of the claim that 3479
are not in the English language and have not been accompanied by 3480
an English language translation. 3481
(2) A claim for a cashier's check or a stock certificate 3482
without the original instrument may require an indemnity bond 3483
equal to the value of the claim to be provided prior to issue of 3484
the stock or payment of the claim by the department. 3485
(3) The department may require an affidavit swearing to 3486
the authenticity of the claim, lack of documentation, and an 3487
agreement to allow the department to provide the name and 3488
address of the claimant to subsequent claimants coming forward 3489
with substantiated proof to claim the account. This shall apply 3490
to claims equal to or less than $250. The exclusive remedy of a 3491
subsequent claimant to the property shall be against the person 3492
who received the property from the department. 3493
(4)(a) Except as otherwise provided in this chapter, if a 3494
claim is determined in favor of the claimant, the department 3495
shall deliver or pay over to the claimant the property or the 3496
amount the department actually received or the proceeds if it 3497
has been sold by the department, together with any additional 3498
amount required by s. 717.121. 3499
(b) If a claimant an owner authorizes a claimant 3500

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representative an attorney licensed to practice law in this 3501
state, a Florida-certified public accountant, or a private 3502
investigator licensed under chapter 493, and registered with the 3503
department under this chapter, to claim the abandoned unclaimed 3504
property on the claimant's owner's behalf, the department is 3505
authorized to make distribution of the property or money in 3506
accordance with the Abandoned Unclaimed Property Recovery 3507
Agreement or Abandoned Unclaimed Property Purchase Agreement 3508
under s. 717.135. The original Abandoned Unclaimed Property 3509
Recovery Agreement or Abandoned Unclaimed Property Purchase 3510
Agreement must be executed by the claimant or seller and must be 3511
filed with the department. 3512
(c)1. Payments of approved claims for unclaimed cash 3513
accounts must be made to the owner after deducting any fees and 3514
costs authorized by the claimant under an Abandoned Unclaimed 3515
Property Recovery Agreement. The contents of a safe-deposit box 3516
or shares of securities must be delivered directly to the 3517
claimant. 3518
2. Payments of fees and costs authorized under an 3519
Abandoned Unclaimed Property Recovery Agreement for approved 3520
claims must be made or issued to the law firm of the designated 3521
attorney licensed to practice law in this state, the public 3522
accountancy firm of the licensed Florida-certified public 3523
accountant, or the designated employing private investigative 3524
agency licensed by this state. Such payments shall be made by 3525

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electronic funds transfer and may be made on such periodic 3526
schedule as the department may define by rule, provided the 3527
payment intervals do not exceed 31 days. Payment made to an 3528
attorney licensed in this state, a Florida-certified public 3529
accountant, or a private investigator licensed under chapter 3530
493, operating individually or as a sole practitioner, must be 3531
to the attorney, certified public accountant, or private 3532
investigator. 3533
(5) The department shall not be administratively, civilly, 3534
or criminally liable for any property or funds distributed 3535
pursuant to this section, provided such distribution is made in 3536
good faith. 3537
(6) This section does not supersede the licensing 3538
requirements of chapter 493. 3539
(7) The department may allow an apparent owner to 3540
electronically submit a claim for abandoned unclaimed property 3541
to the department. If a claim is submitted electronically for 3542
$2,000 or less, the department may use a method of identity 3543
verification other than a copy of a valid driver license, other 3544
government-issued photographic identification, or a sworn 3545
notarized statement. The department may adopt rules to implement 3546
this subsection. 3547
(8) Notwithstanding any other provision of this chapter, 3548
the department may develop and implement an identification 3549
verification and disbursement process by which an account valued 3550

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at $2,000 or less, after being received by the department and 3551
added to the abandoned unclaimed property database, may be 3552
disbursed to an apparent owner after the department has verified 3553
that the apparent owner is living and that the apparent owner's 3554
current address is correct. The department shall include with 3555
the payment a notification and explanation of the dollar amount, 3556
the source, and the property type of each account included in 3557
the disbursement. The department shall adopt rules to implement 3558
this subsection. 3559
(9)(a) Notwithstanding any other provision of this 3560
chapter, the department may develop and implement a verification 3561
and disbursement process by which an account, after being 3562
received by the department and added to the abandoned unclaimed 3563
property database, for which the apparent owner entity is: 3564
1. A state agency in this state or a subdivision or 3565
successor agency thereof; 3566
2. A county government in this state or a subdivision 3567
thereof; 3568
3. A public school district in this state or a subdivision 3569
thereof; 3570
4. A municipality in this state or a subdivision thereof; 3571
or 3572
5. A special taxing district or authority in this state, 3573
3574
may be disbursed to the apparent owner entity or successor 3575

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entity. The department shall include with the payment a 3576
notification and explanation of the dollar amount, the source, 3577
and the property type of each account included in the 3578
disbursement. 3579
(b) The department may adopt rules to implement this 3580
subsection. 3581
(10) Notwithstanding any other provision of this chapter, 3582
the department may develop a process by which a claimant 3583
claimant's representative or a buyer of unclaimed property may 3584
electronically submit to the department an electronic image of a 3585
completed claim and claims-related documents under this chapter, 3586
including an Abandoned Unclaimed Property Recovery Agreement or 3587
Abandoned Unclaimed Property Purchase Agreement that has been 3588
signed and dated by a claimant or seller under s. 717.135, after 3589
the claimant claimant's representative or the buyer of unclaimed 3590
property receives the original documents provided by the 3591
claimant or the seller for any claim. Each claim filed by a 3592
claimant claimant's representative or a buyer of unclaimed 3593
property must include a statement by the claimant claimant's 3594
representative or the buyer of unclaimed property attesting that 3595
all documents are true copies of the original documents and that 3596
all original documents are physically in the possession of the 3597
claimant claimant's representative or the buyer of unclaimed 3598
property. All original documents must be kept in the original 3599
form, by claim number, under the secure control of the claimant 3600

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claimant's representative or the buyer of unclaimed property and 3601
must be available for inspection by the department in accordance 3602
with s. 717.1315. The department may adopt rules to implement 3603
this subsection. 3604
(11) This section applies to all abandoned unclaimed 3605
property reported and remitted to the Chief Financial Officer, 3606
including, but not limited to, property reported pursuant to ss. 3607
45.032, 732.107, 733.816, and 744.534. 3608
Section 65. Section 717.12403, Florida Statutes, is 3609
amended to read: 3610
717.12403 Abandoned Unclaimed demand, savings, or checking 3611
account in a financial institution held in the name of more than 3612
one person.— 3613
(1)(a) If an abandoned unclaimed demand, savings, or 3614
checking account in a financial institution is reported as an 3615
"and" account in the name of two or more persons who are not 3616
beneficiaries, it is presumed that each person must claim the 3617
account in order for the claim to be approved by the department. 3618
This presumption may be rebutted by showing that entitlement to 3619
the account has been transferred to another person or by clear 3620
and convincing evidence demonstrating that the account should 3621
have been reported by the financial institution as an "or" 3622
account. 3623
(b) If an abandoned unclaimed demand, savings, or checking 3624
account in a financial institution is reported as an "and" 3625

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account and one of the persons on the account is deceased, it is 3626
presumed that the account is a survivorship account. This 3627
presumption may be rebutted by showing that entitlement to the 3628
account has been transferred to another person or by clear and 3629
convincing evidence demonstrating that the account is not a 3630
survivorship account. 3631
(2) If an abandoned unclaimed demand, savings, or checking 3632
account in a financial institution is reported as an "or" 3633
account in the name of two or more persons who are not 3634
beneficiaries, it is presumed that either person listed on the 3635
account may claim the entire amount held in the account. This 3636
presumption may be rebutted by showing that entitlement to the 3637
account has been transferred to another person or by clear and 3638
convincing evidence demonstrating that the account should have 3639
been reported by the financial institution as an "and" account. 3640
(3) If an abandoned unclaimed demand, savings, or checking 3641
account in a financial institution is reported in the name of 3642
two or more persons who are not beneficiaries without 3643
identifying whether the account is an "and" account or an "or" 3644
account, it is presumed that the account is an "or" account. 3645
This presumption may be rebutted by showing that entitlement to 3646
the account has been transferred to another person or by clear 3647
and convincing evidence demonstrating that the account should 3648
have been reported by the financial institution as an "and" 3649
account. 3650

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(4) The department shall be deemed to have made a 3651
distribution in good faith if the department remits funds 3652
consistent with this section. 3653
Section 66. Subsection (2) of section 717.12404, Florida 3654
Statutes, is amended to read: 3655
717.12404 Claims on behalf of a business entity or trust.— 3656
(2) Claims on behalf of an active or a dissolved 3657
corporation, a business entity other than an active corporation, 3658
or a trust must include a legible copy of a valid driver license 3659
of the person acting on behalf of the dissolved corporation, 3660
business entity other than an active corporation, or trust. If 3661
the person has not been issued a valid driver license, the 3662
department shall be provided with a legible copy of a 3663
photographic identification of the person issued by the United 3664
States, a foreign nation, or a political subdivision or agency 3665
thereof. In lieu of photographic identification, a notarized 3666
sworn statement by the person may be provided which affirms the 3667
person's identity and states the person's full name and address. 3668
The person must produce his or her photographic identification 3669
issued by the United States, a state or territory of the United 3670
States, a foreign nation, or a political subdivision or agency 3671
thereof or other evidence deemed acceptable by the department by 3672
rule. The notary shall indicate the notary's full address on the 3673
notarized sworn statement. Any claim filed without the required 3674
identification or the sworn statement with the original claim 3675

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form and the original Abandoned Unclaimed Property Recovery 3676
Agreement or Abandoned Unclaimed Property Purchase Agreement, if 3677
applicable, is void. 3678
Section 67. Section 717.12405, Florida Statutes, is 3679
amended to read: 3680
717.12405 Claims by estates.—An estate or any person 3681
representing an estate or acting on behalf of an estate may 3682
claim abandoned unclaimed property only after the heir or 3683
legatee of the decedent entitled to the property has been 3684
located. Any estate, or any person representing an estate or 3685
acting on behalf of an estate, that receives abandoned unclaimed 3686
property before the heir or legatee of the decedent entitled to 3687
the property has been located, is personally liable for the 3688
abandoned unclaimed property and must immediately return the 3689
full amount of the abandoned unclaimed property or the value 3690
thereof to the department in accordance with s. 717.1341. 3691
Section 68. Section 717.12406, Florida Statutes, is 3692
amended to read: 3693
717.12406 Joint ownership of abandoned unclaimed 3694
securities or dividends.—For the purpose of determining joint 3695
ownership of abandoned unclaimed securities or dividends, the 3696
term: 3697
(1) "TEN COM" means tenants in common. 3698
(2) "TEN ENT" means tenants by the entireties. 3699
(3) "JT TEN" or "JT" means joint tenants with the right of 3700

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survivorship and not as tenants in common. 3701
(4) "And" means tenants in common with each person 3702
entitled to an equal pro rata share. 3703
(5) "Or" means that each person listed on the account is 3704
entitled to all of the funds. 3705
Section 69. Section 717.1241, Florida Statutes, is amended 3706
to read: 3707
717.1241 Conflicting claims.— 3708
(1) For purposes of this section, the term "conflicting 3709
claim" means two or more claims received by the department for 3710
the same abandoned property account or accounts in which two or 3711
more claimants appear to be equally entitled to the property. 3712
The term also includes circumstances in which the same claimant 3713
has more than one claim pending for the same property, including 3714
when the claimant is represented by more than one claimant 3715
representative or submits both a personal claim and a claim 3716
through a representative. 3717
(2) When conflicting claims have been received by the 3718
department for the same abandoned unclaimed property account or 3719
accounts, the property shall be remitted in accordance with the 3720
claim filed by the person as follows, notwithstanding the 3721
withdrawal of a claim: 3722
(a) To the person submitting the first claim received by 3723
the Division of Unclaimed Property of the department that is 3724
complete or made complete. 3725

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(b) If a claimant's claim and a claimant claimant's 3726
representative's claim for the recovery of property are received 3727
by the Division of Unclaimed Property of the department on the 3728
same day and both claims are complete, to the claimant. 3729
(c) If a buyer's claim or a purchasing claimant 3730
representative's claim and a claimant's claim or a claimant 3731
claimant's representative's claim for the recovery of property 3732
are received by the Division of Unclaimed Property of the 3733
department on the same day and the claims are complete, to the 3734
buyer. 3735
(d) As between two or more claimant representatives' 3736
claimant's representative's claims received by the Division of 3737
Unclaimed Property of the department that are complete or made 3738
complete on the same day, to the claimant claimant's 3739
representative who has agreed to receive the lowest fee. If the 3740
two or more claimant claimant's representatives whose claims 3741
received by the Division of Unclaimed Property of the department 3742
were complete or made complete on the same day are charging the 3743
same lowest fee, the fee shall be divided equally between the 3744
claimant claimant's representatives. 3745
(e) If more than one buyer's claim received by the 3746
Division of Unclaimed Property of the department is complete or 3747
made complete on the same day, the department shall remit the 3748
abandoned unclaimed property to the buyer who paid the highest 3749
amount to the seller. If the buyers paid the same amount to the 3750

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seller, the department shall remit the abandoned unclaimed 3751
property to the buyers divided in equal amounts. 3752
(3)(2) The purpose of this section is solely to provide 3753
guidance to the department regarding to whom it should remit the 3754
abandoned unclaimed property and is not intended to extinguish 3755
or affect any private cause of action that any person may have 3756
against another person for breach of contract or other statutory 3757
or common-law remedy. A buyer's sole remedy, if any, shall be 3758
against the claimant claimant's representative or the seller, or 3759
both. A claimant claimant's representative's sole remedy, if 3760
any, shall be against the buyer or the seller, or both. A 3761
claimant's or seller's sole remedy, if any, shall be against the 3762
buyer or the claimant claimant's representative, or both. 3763
Nothing in this section forecloses the right of a person to 3764
challenge the department's determination of completeness in a 3765
proceeding under ss. 120.569 and 120.57. 3766
(4)(3) A claim is complete when entitlement to the 3767
abandoned unclaimed property has been established. 3768
Section 70. Subsection (1) of section 717.1242, Florida 3769
Statutes, is amended to read: 3770
717.1242 Restatement of jurisdiction of the circuit court 3771
sitting in probate and the department.— 3772
(1) It is and has been the intent of the Legislature that, 3773
pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of 3774
proceedings relating to the settlement of the estates of 3775

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decedents and other jurisdiction usually pertaining to courts of 3776
probate. It is and has been the intent of the Legislature that, 3777
pursuant to this chapter, the department determines the merits 3778
of claims and entitlement to abandoned unclaimed property paid 3779
or delivered to the department under this chapter. Consistent 3780
with this legislative intent, any beneficiary, devisee, heir, 3781
personal representative, or other interested person, as those 3782
terms are defined in the Florida Probate Code and the Florida 3783
Trust Code, of an estate seeking to obtain property paid or 3784
delivered to the department under this chapter must file a claim 3785
with the department as provided in s. 717.124. 3786
Section 71. Subsections (1) and (4) of section 717.1243, 3787
Florida Statutes, are amended to read: 3788
717.1243 Small estate accounts.— 3789
(1) A claim for abandoned unclaimed property made by a 3790
beneficiary, as defined in s. 731.201, of a deceased owner need 3791
not be accompanied by an order of a probate court if the 3792
claimant files with the department an affidavit, signed by all 3793
beneficiaries, stating that all the beneficiaries have amicably 3794
agreed among themselves upon a division of the estate and that 3795
all funeral expenses, expenses of the last illness, and any 3796
other lawful claims have been paid, and any additional 3797
information reasonably necessary to make a determination of 3798
entitlement. If the owner died testate, the claim shall be 3799
accompanied by a copy of the will. 3800

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(4) This section applies only if all of the abandoned 3801
unclaimed property held by the department on behalf of the owner 3802
has an aggregate value of $20,000 or less and no probate 3803
proceeding is pending. 3804
Section 72. Section 717.1244, Florida Statutes, is amended 3805
to read: 3806
717.1244 Determinations of abandoned unclaimed property 3807
claims.—In rendering a determination regarding the merits of an 3808
abandoned unclaimed property claim, the department shall rely on 3809
the applicable statutory, regulatory, common, and case law. 3810
Agency statements applying the statutory, regulatory, common, 3811
and case law to abandoned unclaimed property claims are not 3812
agency statements subject to s. 120.56(4). 3813
Section 73. Section 717.1245, Florida Statutes, is amended 3814
to read: 3815
717.1245 Garnishment of abandoned unclaimed property.—If 3816
any person files a petition for writ of garnishment seeking to 3817
obtain property paid or delivered to the department under this 3818
chapter, the petitioner shall be ordered to pay the department 3819
reasonable costs and attorney attorney's fees in any proceeding 3820
brought by the department to oppose, appeal, or collaterally 3821
attack the petition or writ if the department is the prevailing 3822
party in any such proceeding. 3823
Section 74. Subsection (1) of section 717.125, Florida 3824
Statutes, is amended to read: 3825

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717.125 Claim of another state to recover property; 3826
procedure.— 3827
(1) At any time after property has been paid or delivered 3828
to the department under this chapter, another state may recover 3829
the property if: 3830
(a) The property was subjected to custody by this state 3831
because the records of the holder did not reflect the last known 3832
address of the apparent owner when the property was presumed 3833
abandoned unclaimed under this chapter, and the other state 3834
establishes that the last known address of the apparent owner or 3835
other person entitled to the property was in that state and 3836
under the laws of that state the property escheated to or was 3837
subject to a claim of abandonment or being unclaimed by that 3838
state; 3839
(b) The last known address of the apparent owner or other 3840
person entitled to the property, as reflected by the records of 3841
the holder, is in the other state and under the laws of that 3842
state the property has escheated to or become subject to a claim 3843
of abandonment by that state; 3844
(c) The records of the holder were erroneous in that they 3845
did not accurately reflect the actual owner of the property and 3846
the last known address of the actual owner is in the other state 3847
and under laws of that state the property escheated to or was 3848
subject to a claim of abandonment by that state; 3849
(d) The property was subject to custody by this state 3850

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under s. 717.103(6) and under the laws of the state of domicile 3851
of the holder the property has escheated to or become subject to 3852
a claim of abandonment by that state; or 3853
(e) The property is the sum payable on a traveler's check, 3854
money order, or other similar instrument that was subjected to 3855
custody by this state under s. 717.104, and the instrument was 3856
purchased in the other state, and under the laws of that state 3857
the property escheated to or became subject to a claim of 3858
abandonment by that state. 3859
Section 75. Subsection (1) of section 717.126, Florida 3860
Statutes, is amended to read: 3861
717.126 Administrative hearing; burden of proof; proof of 3862
entitlement; venue.— 3863
(1) Any person aggrieved by a decision of the department 3864
may petition for a hearing as provided in ss. 120.569 and 3865
120.57. In any proceeding for determination of a claim to 3866
property paid or delivered to the department under this chapter, 3867
the burden shall be upon the claimant to establish entitlement 3868
to the property by a preponderance of evidence. Having the same 3869
name as that reported to the department is not sufficient, in 3870
the absence of other evidence, to prove entitlement to abandoned 3871
unclaimed property. 3872
Section 76. Section 717.1261, Florida Statutes, is amended 3873
to read: 3874
717.1261 Death certificates.—Any person who claims 3875

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entitlement to abandoned unclaimed property by means of the 3876
death of one or more persons shall file a copy of the death 3877
certificate of the decedent or decedents that has been certified 3878
as being authentic by the issuing governmental agency. 3879
Section 77. Section 717.1262, Florida Statutes, is amended 3880
to read: 3881
717.1262 Court documents.—Any person who claims 3882
entitlement to abandoned unclaimed property by reason of a court 3883
document shall file a certified copy of the court document with 3884
the department. A certified copy of each pleading filed with the 3885
court to obtain a court document establishing entitlement, filed 3886
within 180 days before the date the claim form was signed by the 3887
claimant or claimant claimant's representative, must also be 3888
filed with the department. 3889
Section 78. Section 717.129, Florida Statutes, is amended 3890
to read: 3891
717.129 Periods of limitation.— 3892
(1) The expiration before or after July 1, 1987, of any 3893
period of time specified by contract, statute, or court order, 3894
during which a claim for money or property may be made or during 3895
which an action or proceeding may be commenced or enforced to 3896
obtain payment of a claim for money or to recover property, does 3897
not prevent the money or property from being presumed abandoned 3898
unclaimed or affect any duty to file a report or to pay or 3899
deliver abandoned unclaimed property to the department as 3900

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required by this chapter. 3901
(2) The department may not commence an action or 3902
proceeding to enforce this chapter with respect to the 3903
reporting, payment, or delivery of property or any other duty of 3904
a holder under this chapter more than 10 years after the duty 3905
arose. The period of limitation established under this 3906
subsection is tolled by the earlier of the department's or audit 3907
agent's delivery of a notice that a holder is subject to an 3908
audit or examination under s. 717.1301 or the holder's written 3909
election to enter into an abandoned unclaimed property voluntary 3910
disclosure agreement. 3911
Section 79. Subsections (3) and (4) of section 717.1301, 3912
Florida Statutes, are amended to read: 3913
717.1301 Investigations; examinations; subpoenas.— 3914
(3) The department may authorize a compliance review of a 3915
report for a specified reporting year. The review must be 3916
limited to the contents of the report filed, as required by s. 3917
717.117 and subsection (2), and all supporting documents related 3918
to the reports. If the review results in a finding of a 3919
deficiency in abandoned unclaimed property due and payable to 3920
the department, the department shall notify the holder in 3921
writing of the amount of deficiency within 1 year after the 3922
authorization of the compliance review. If the holder fails to 3923
pay the deficiency within 90 days, the department may seek to 3924
enforce the assessment under subsection (1). The department is 3925

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not required to conduct a review under this section before 3926
initiating an audit. 3927
(4) Notwithstanding any other provision of law, in a 3928
contract providing for the location or collection of abandoned 3929
unclaimed property, the department may authorize the contractor 3930
to deduct its fees and expenses for services provided under the 3931
contract from the abandoned unclaimed property that the 3932
contractor has recovered or collected under the contract. The 3933
department shall annually report to the Chief Financial Officer 3934
the total amount collected or recovered by each contractor 3935
during the previous fiscal year and the total fees and expenses 3936
deducted by each contractor. 3937
Section 80. Section 717.1315, Florida Statutes, is amended 3938
to read: 3939
717.1315 Retention of records by claimant claimant's 3940
representatives and buyers of abandoned unclaimed property.— 3941
(1) Every claimant claimant's representative and buyer of 3942
abandoned unclaimed property shall keep and use in his or her 3943
business such books, accounts, and records of the business 3944
conducted under this chapter to enable the department to 3945
determine whether such person is complying with this chapter and 3946
the rules adopted by the department under this chapter. Every 3947
claimant claimant's representative and buyer of abandoned 3948
unclaimed property shall preserve such books, accounts, and 3949
records, including every Abandoned Unclaimed Property Recovery 3950

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Agreement or Abandoned Unclaimed Property Purchase Agreement 3951
between the owner and such claimant claimant's representative or 3952
buyer, for at least 3 years after the date of the initial 3953
agreement. 3954
(2) A claimant claimant's representative or buyer of 3955
abandoned unclaimed property, operating at two or more places of 3956
business in this state, may maintain the books, accounts, and 3957
records of all such offices at any one of such offices, or at 3958
any other office maintained by such claimant claimant's 3959
representative or buyer of abandoned unclaimed property, upon 3960
the filing of a written notice with the department designating 3961
in the written notice the office at which such records are 3962
maintained. 3963
(3) A claimant claimant's representative or buyer of 3964
abandoned unclaimed property shall make all books, accounts, and 3965
records available at a convenient location in this state upon 3966
request of the department. 3967
Section 81. Subsections (2) and (3) of section 717.132, 3968
Florida Statutes, are amended to read: 3969
717.132 Enforcement; cease and desist orders; fines.— 3970
(2) In addition to any other powers conferred upon it to 3971
enforce and administer the provisions of this chapter, the 3972
department may issue and serve upon a person an order to cease 3973
and desist and to take corrective action whenever the department 3974
finds that such person is violating, has violated, or is about 3975

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to violate any provision of this chapter, any rule or order 3976
promulgated under this chapter, or any written agreement entered 3977
into with the department. For purposes of this subsection, the 3978
term "corrective action" includes refunding excessive charges, 3979
requiring a person to return abandoned unclaimed property, 3980
requiring a holder to remit abandoned unclaimed property, and 3981
requiring a holder to correct a report that contains errors or 3982
omissions. Any such order shall contain a notice of rights 3983
provided by ss. 120.569 and 120.57. 3984
(3) In addition to any other powers conferred upon it to 3985
enforce and administer the provisions of this chapter, the 3986
department or a court of competent jurisdiction may impose fines 3987
against any person found to have violated any provision of this 3988
chapter, any rule or order promulgated under this chapter, or 3989
any written agreement entered into with the department in an 3990
amount not to exceed $2,000 for each violation. All fines 3991
collected under this subsection shall be deposited as received 3992
in the Abandoned Unclaimed Property Trust Fund. 3993
Section 82. Paragraphs (c), (d), and (j) of subsection 3994
(1), subsections (2) and (3), paragraph (b) of subsection (4), 3995
and subsection (5) of section 717.1322, Florida Statutes, are 3996
amended to read: 3997
717.1322 Administrative and civil enforcement.— 3998
(1) The following acts are violations of this chapter and 3999
constitute grounds for an administrative enforcement action by 4000

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the department in accordance with the requirements of chapter 4001
120 and for civil enforcement by the department in a court of 4002
competent jurisdiction: 4003
(c) Fraudulent Misrepresentation, circumvention, or 4004
concealment of any matter required to be stated or furnished to 4005
the department or to an owner or apparent owner under this 4006
chapter, regardless of reliance by or damage to the owner or 4007
apparent owner. 4008
(d) Willful Imposition of illegal or excessive charges in 4009
any abandoned unclaimed property transaction. 4010
(j) Requesting or receiving compensation for notifying a 4011
person of his or her abandoned unclaimed property or assisting 4012
another person in filing a claim for abandoned unclaimed 4013
property, unless the person is an attorney licensed to practice 4014
law in this state, a Florida-certified public accountant, or a 4015
private investigator licensed under chapter 493, or entering 4016
into, or making a solicitation to enter into, an agreement to 4017
file a claim for abandoned unclaimed property owned by another, 4018
unless such person is a registered claimant representative 4019
registered with the department under this chapter and an 4020
attorney licensed to practice law in this state in the regular 4021
practice of her or his profession, a Florida-certified public 4022
accountant who is acting within the scope of the practice of 4023
public accounting as defined in chapter 473, or a private 4024
investigator licensed under chapter 493. This paragraph does not 4025

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apply to a person who has been granted a durable power of 4026
attorney to convey and receive all of the real and personal 4027
property of the owner, is the court-appointed guardian of the 4028
owner, has been employed as an attorney or qualified 4029
representative to contest the department's denial of a claim, or 4030
has been employed as an attorney to probate the estate of the 4031
owner or an heir or legatee of the owner. 4032
(2) Upon a finding by the department that any person has 4033
committed any of the acts set forth in subsection (1), the 4034
department may enter an order doing any of the following: 4035
(a) Revoking for a minimum of 5 years or suspending for a 4036
maximum of 5 years a registration previously granted under this 4037
chapter during which time the registrant may not reapply for a 4038
registration under this chapter.; 4039
(b) Placing a claimant representative registrant or an 4040
applicant for a registration on probation for a period of time 4041
and subject to such conditions as the department may specify.; 4042
(c) Placing permanent restrictions or conditions upon 4043
issuance or maintenance of a registration under this chapter; 4044
(d) Issuing a reprimand.; 4045
(e) Imposing an administrative fine not to exceed $2,000 4046
for each such act.; or 4047
(f) Prohibiting any person from being a director, officer, 4048
agent, employee, or ultimate equitable owner of a 10 percent 10-4049
percent or greater interest in an employer of a claimant 4050

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representative registrant. 4051
(3) A claimant claimant's representative is subject to 4052
civil enforcement and the disciplinary actions specified in 4053
subsection (2) for violations of subsection (1) by an agent or 4054
employee of the claimant representative's registrant's employer 4055
if the claimant claimant's representative knew or should have 4056
known that such agent or employee was violating any provision of 4057
this chapter. 4058
(4) 4059
(b) The disciplinary guidelines shall specify a meaningful 4060
range of designated penalties based upon the severity or 4061
repetition of specific offenses, or both. It is the legislative 4062
intent that minor violations be distinguished from more serious 4063
violations; that such guidelines consider the amount of the 4064
claim involved, the complexity of locating the owner, the steps 4065
taken to ensure the accuracy of the claim by the person filing 4066
the claim, the acts of commission and omission of the claimant 4067
ultimate owners in establishing themselves as rightful owners of 4068
the funds, the acts of commission or omission of the agent or 4069
employee of a claimant representative or its an employer in the 4070
filing of the claim, the actual knowledge of the agent, 4071
employee, employer, or owner in the filing of the claim, the 4072
departure, if any, by the agent or employee from the internal 4073
controls and procedures established by the claimant 4074
representative or its employer with regard to the filing of a 4075

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claim, the number of defective claims previously filed by the 4076
agent, employee, employer, or owner; that such guidelines 4077
provide reasonable and meaningful notice of likely penalties 4078
that may be imposed for proscribed conduct; and that such 4079
penalties be consistently applied by the department. 4080
(5) The department may seek any appropriate civil legal 4081
remedy available to it by filing a civil action in a court of 4082
competent jurisdiction against any person who has, directly or 4083
through a claimant claimant's representative, wrongfully 4084
submitted a claim as the ultimate owner of property and 4085
improperly received funds from the department in violation of 4086
this chapter. 4087
Section 83. Subsections (1) and (3) of section 717.133, 4088
Florida Statutes, are amended to read: 4089
717.133 Interstate agreements and cooperation; joint and 4090
reciprocal actions with other states.— 4091
(1) The department may enter into agreements with other 4092
states to exchange information needed to enable this or another 4093
state to audit or otherwise determine abandoned unclaimed 4094
property that it or another state may be entitled to subject to 4095
a claim of custody. The department may require the reporting of 4096
information needed to enable compliance with agreements made 4097
pursuant to this section and prescribe the form. 4098
(3) At the request of another state, the department may 4099
bring an action in the name of the other state in any court of 4100

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competent jurisdiction to enforce the abandoned unclaimed 4101
property laws of the other state against a holder in this state 4102
of property subject to escheat or a claim of abandonment by the 4103
other state, if the other state has agreed to pay expenses 4104
incurred in bringing the action. 4105
Section 84. Subsection (2) of section 717.1333, Florida 4106
Statutes, is amended to read: 4107
717.1333 Evidence; estimations; audit reports and 4108
worksheets, investigator reports and worksheets, other related 4109
documents.— 4110
(2) If the records of the holder that are available for 4111
the periods subject to this chapter are insufficient to permit 4112
the preparation of a report of the abandoned unclaimed property 4113
due and owing by a holder, or if the holder fails to provide 4114
records after being requested to do so, the amount due to the 4115
department may be reasonably estimated. 4116
Section 85. Paragraph (a) of subsection (1) and 4117
subsections (2) and (4) of section 717.1341, Florida Statutes, 4118
are amended to read: 4119
717.1341 Invalid claims, recovery of property, interest 4120
and penalties.— 4121
(1)(a) A No person may not shall receive abandoned 4122
unclaimed property that the person is not entitled to receive. 4123
Any person who receives, or assists another person to receive, 4124
abandoned unclaimed property that the person is not entitled to 4125

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receive is strictly, jointly, personally, and severally liable 4126
for the abandoned unclaimed property and shall immediately 4127
return the property, or the reasonable value of the property if 4128
the property has been damaged or disposed of, to the department 4129
plus interest at the rate set in accordance with s. 55.03(1). 4130
Assisting another person to receive abandoned unclaimed property 4131
includes executing a claim form on the person's behalf. 4132
(2) The department may maintain a civil or administrative 4133
action: 4134
(a) To recover abandoned unclaimed property that was paid 4135
or remitted to a person who was not entitled to the abandoned 4136
unclaimed property or to offset amounts owed to the department 4137
against amounts owed to an owner representative; 4138
(b) Against a person who assists another person in 4139
receiving, or attempting to receive, abandoned unclaimed 4140
property that the person is not entitled to receive; or 4141
(c) Against a person who attempts to receive abandoned 4142
unclaimed property that the person is not entitled to receive. 4143
(4) A No person may not shall knowingly file, knowingly 4144
conspire to file, or knowingly assist in filing, a claim for 4145
abandoned unclaimed property the person is not entitled to 4146
receive. Any person who violates this subsection regarding 4147
abandoned unclaimed property of an aggregate value: 4148
(a) Greater than $50,000, commits is guilty of a felony of 4149
the first degree, punishable as provided in s. 775.082, s. 4150

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775.083, or s. 775.084; 4151
(b) Greater than $10,000 up to $50,000, commits is guilty 4152
of a felony of the second degree, punishable as provided in s. 4153
775.082, s. 775.083, or s. 775.084; 4154
(c) Greater than $250 up to $10,000, commits is guilty of 4155
a felony of the third degree, punishable as provided in s. 4156
775.082, s. 775.083, or s. 775.084; 4157
(d) Greater than $50 up to $250, commits is guilty of a 4158
misdemeanor of the first degree, punishable as provided in s. 4159
775.082 or s. 775.083; or 4160
(e) Up to $50, commits is guilty of a misdemeanor of the 4161
second degree, punishable as provided in s. 775.082 or s. 4162
775.083. 4163
Section 86. Section 717.135, Florida Statutes, is amended 4164
to read: 4165
717.135 Recovery agreements and purchase agreements for 4166
claims filed by a claimant claimant's representative; fees and 4167
costs or total net gain.— 4168
(1) In order to protect the interests of owners of 4169
abandoned unclaimed property, the department shall adopt by rule 4170
a form entitled "Abandoned Unclaimed Property Recovery 4171
Agreement" and a form entitled "Abandoned Unclaimed Property 4172
Purchase Agreement." 4173
(2) The Abandoned Unclaimed Property Recovery Agreement 4174
and the Abandoned Unclaimed Property Purchase Agreement must 4175

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include and disclose all of the following: 4176
(a) The total dollar amount of abandoned unclaimed 4177
property accounts claimed or sold. 4178
(b) The total percentage of all authorized fees and costs 4179
to be paid to the claimant claimant's representative or the 4180
percentage of the value of the property to be paid as net gain 4181
to the purchasing claimant claimant's representative. 4182
(c) The total dollar amount to be deducted and received 4183
from the claimant as fees and costs by the claimant claimant's 4184
representative or the total net dollar amount to be received by 4185
the purchasing claimant claimant's representative. 4186
(d) The net dollar amount to be received by the claimant 4187
or the seller. 4188
(e) For each account claimed, the abandoned unclaimed 4189
property account number. 4190
(f) For the Abandoned Unclaimed Property Purchase 4191
Agreement, a statement that the amount of the purchase price 4192
will be remitted to the seller by the purchaser within 30 days 4193
after the execution of the agreement by the seller. 4194
(g) The name, address, e-mail address, phone number, and 4195
license number of the claimant claimant's representative. 4196
(h)1. The manual signature of the claimant or seller and 4197
the date signed, affixed on the agreement by the claimant or 4198
seller. 4199
2. Notwithstanding any other provision of this chapter to 4200

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the contrary, the department may allow an apparent owner, who is 4201
also the claimant or seller, to sign the agreement 4202
electronically. All electronic signatures on the Abandoned 4203
Unclaimed Property Recovery Agreement and the Abandoned 4204
Unclaimed Property Purchase Agreement must be affixed on the 4205
agreement by the claimant or seller using the specific, 4206
exclusive eSignature product and protocol authorized by the 4207
department. 4208
(i) The social security number or taxpayer identification 4209
number of the claimant or seller, if a number has been issued to 4210
the claimant or seller. 4211
(j) The total fees and costs, or the total discount in the 4212
case of a purchase agreement, which may not exceed 30 percent of 4213
the claimed amount. In the case of a recovery agreement, if the 4214
total fees and costs exceed 30 percent, the fees and costs shall 4215
be reduced to 30 percent and the net balance shall be remitted 4216
directly by the department to the claimant. In the case of a 4217
purchase agreement, if the total net gain of the claimant 4218
claimant's representative exceeds 30 percent, the claim will be 4219
denied. 4220
(3) For an Abandoned Unclaimed Property Purchase Agreement 4221
form, proof that the purchaser has made payment must be filed 4222
with the department along with the claim. If proof of payment is 4223
not provided, the claim is void. 4224
(4) A claimant claimant's representative must use the 4225

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Abandoned Unclaimed Property Recovery Agreement or the Abandoned 4226
Unclaimed Property Purchase Agreement as the exclusive means of 4227
entering into an agreement or a contract with a claimant or 4228
seller to file a claim with the department. 4229
(5) Fees and costs may be owed or paid to, or received by, 4230
a claimant claimant's representative only after a filed claim 4231
has been approved and if the claimant's representative used an 4232
agreement authorized by this section. 4233
(6) A claimant claimant's representative may not use or 4234
distribute any other agreement of any type, conveyed by any 4235
method, with respect to the claimant or seller which relates, 4236
directly or indirectly, to abandoned unclaimed property accounts 4237
held by the department or the Chief Financial Officer other than 4238
the agreements authorized by this section. Any engagement, 4239
authorization, recovery, or fee agreement that is not authorized 4240
by this section is void. A claimant claimant's representative is 4241
subject to administrative and civil enforcement under s. 4242
717.1322 if he or she uses an agreement that is not authorized 4243
by this section and if the agreement is used to apply, directly 4244
or indirectly, to abandoned unclaimed property held by this 4245
state. This subsection does not prohibit lawful nonagreement, 4246
noncontractual, or advertising communications between or among 4247
the parties. 4248
(7) The Abandoned Unclaimed Property Recovery Agreement 4249
may not contain language that makes the agreement irrevocable or 4250

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that creates an assignment of any portion of abandoned unclaimed 4251
property held by the department. 4252
(8) When a claim is approved, the department may pay any 4253
additional account that is owned by the claimant but has not 4254
been claimed at the time of approval, provided that a subsequent 4255
claim has not been filed or is not pending for the claimant at 4256
the time of approval. 4257
(9) This section does not supersede s. 717.1241. 4258
(10) This section does not apply to the sale and purchase 4259
of Florida-held unclaimed property accounts through a bankruptcy 4260
estate representative or other person or entity authorized 4261
pursuant to Title XI of the United States Code or an order of a 4262
bankruptcy court to act on behalf or for the benefit of the 4263
debtor, its creditors, and its bankruptcy estate. 4264
Section 87. Section 717.1356, Florida Statutes, is created 4265
to read: 4266
717.1356 Purchase of abandoned property.— 4267
(1) Agreements for the purchase of abandoned property 4268
reported to the department shall be valid only if all of the 4269
following conditions are met: 4270
(a) The agreement is entitled "Florida Abandoned Property 4271
Purchase Agreement" and is in writing, in minimum 12-point type. 4272
(b) The agreement includes the social security number or 4273
taxpayer identification number of the seller, if a number has 4274
been issued to the seller; a valid e-mail address, mailing 4275

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address, and telephone number for the seller; and is manually 4276
signed and dated by the seller with the signature notarized. 4277
(c) The agreement discloses with specificity the nature 4278
and value of the abandoned property, including the name of the 4279
apparent owner as shown by the records of the department, the 4280
name of the holder who remitted the property, the date of last 4281
contact, and the property category. With respect to the value of 4282
the abandoned property, the agreement must contain the 4283
following: 4284
1. The total dollar amount of all abandoned property to be 4285
sold. 4286
2. The total percentage of the value of the abandoned 4287
property to be paid as net gain to the purchaser. 4288
3. The total net dollar amount to be received by the 4289
purchaser. 4290
4. The net dollar amount to be received by the seller. 4291
(d) The agreement states the abandoned property account 4292
number for each abandoned property account sold. 4293
(e) The purchase price does not discount the total value 4294
of all abandoned property subject to the sale by more than 30 4295
percent. 4296
(f) The agreement states that the amount of the purchase 4297
price will be remitted to the seller by the purchaser within 30 4298
days after the execution of the agreement by the seller. 4299
(g) The agreement includes the name, address, e-mail 4300

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address, and phone number of the purchaser. 4301
(h) The agreement states that the abandoned property is 4302
currently in the department's custody and that the seller can 4303
claim the property directly from the department on its 4304
electronically searchable website without being charged a fee. 4305
The agreement must provide the department's website address. 4306
(2) A seller may cancel a purchase agreement without 4307
penalty or obligation within 15 business days after the date on 4308
which the agreement was executed. The agreement must contain the 4309
following language in minimum 12-point type: "You may cancel 4310
this agreement for any reason without penalty or obligation to 4311
you within 15 days after the date of this agreement by providing 4312
notice to . . .(name of purchaser). . ., submitted in writing 4313
and sent by certified mail, return receipt requested, or other 4314
form of mailing that provides proof thereof, at the address or 4315
e-mail address specified in the agreement." 4316
(3) A copy of an executed Florida Abandoned Property 4317
Purchase Agreement must be filed with the purchaser's claim, 4318
along with proof that the purchaser has made payment in full, 4319
and all other required documentation. If proof of payment is not 4320
provided, the department may not approve the claim. 4321
(4) A purchase agreement under this section that discounts 4322
the value of abandoned property by more than the amount 4323
authorized in paragraph (1)(e) is enforceable only by the 4324
seller. 4325

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(5) This section does not apply to asset purchase 4326
agreements involving the assets of a business association 4327
arising out of a bankruptcy proceeding under Title 11 of the 4328
United States Code or corporate dissolution or similar 4329
proceeding under applicable state law such as receiverships and 4330
assignments for the benefit of creditors. 4331
(6) This section does not apply to assent purchase 4332
agreements between an asset purchaser and sellers who comprise a 4333
large business association. 4334
(a) For the purposes of this subsection, a large business 4335
association is a business association or group of business 4336
associations that: 4337
1. Generates $100 million or more in annual gross receipts 4338
or sales; 4339
2. Employs 100 or more full time employees in the United 4340
States; or 4341
3. Has equity securities publicly traded on an exchange 4342
regulated by the United States Securities and Exchange 4343
Commission. 4344
(b) Claims filed by an asset purchaser under this 4345
subsection must include: 4346
1. A complete copy of the asset purchase agreement or 4347
similar contract between the asset purchaser and the seller; and 4348
2. An attestation by the seller either in the asset 4349
purchase agreement or in a separate written affirmation from the 4350

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owner that the owner: 4351
a. Meets one or more of the characteristics that qualify 4352
it as a large business association under paragraph (a); and 4353
b. Is aware that it is selling unclaimed property that may 4354
be recovered from the administrator without paying a fee. 4355
(c) If the seller is a publicly traded entity, the asset 4356
purchaser may provide a copy, or a link to an online copy, of 4357
the most recent copy of Form 10K filed with the United States 4358
Securities and Exchange Commission in lieu of the affirmation 4359
that the owner meets one or more of the characteristics that 4360
qualify it as a large business association. 4361
(d) Nothing in this subsection limits the ability of the 4362
department to request or receive additional evidence sufficient 4363
to establish to the satisfaction of the department that the 4364
claimant is the owner of the property pursuant to this chapter. 4365
(e) The department may adopt rules to implement this 4366
subsection. 4367
(f) The requirements of this section shall apply only to 4368
claims filed based on asset purchase agreements executed on or 4369
after the effective date of this act. 4370
Section 88. The Division of Law Revision is directed to 4371
replace the phrase "the effective date of this act" wherever it 4372
occurs in this act with the date this act becomes a law. 4373
Section 89. Section 717.138, Florida Statutes, is amended 4374
to read: 4375

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717.138 Rulemaking authority.—The department shall 4376
administer and provide for the enforcement of this chapter. The 4377
department has authority to adopt rules pursuant to ss. 4378
120.536(1) and 120.54 to implement the provisions of this 4379
chapter. The department may adopt rules to allow for electronic 4380
filing of fees, forms, and reports required by this chapter. The 4381
authority to adopt rules pursuant to this chapter applies to all 4382
abandoned unclaimed property reported and remitted to the Chief 4383
Financial Officer, including, but not limited to, property 4384
reported and remitted pursuant to ss. 45.032, 732.107, 733.816, 4385
and 744.534. 4386
Section 90. Section 717.1382, Florida Statutes, is amended 4387
to read: 4388
717.1382 United States savings bond; abandoned unclaimed 4389
property; escheatment; procedure.— 4390
(1) Notwithstanding any other provision of law, a United 4391
States savings bond in possession of the department or 4392
registered to a person with a last known address in the state, 4393
including a bond that is lost, stolen, or destroyed, is presumed 4394
abandoned and unclaimed 5 years after the bond reaches maturity 4395
and no longer earns interest and shall be reported and remitted 4396
to the department by the financial institution or other holder 4397
in accordance with ss. 717.117(5) and (11) ss. 717.117(1) and 4398
(5) and 717.119, if the department is not in possession of the 4399
bond. 4400

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(2)(a) After a United States savings bond is abandoned and 4401
unclaimed in accordance with subsection (1), the department may 4402
commence a civil action in a court of competent jurisdiction in 4403
Leon County for a determination that the bond shall escheat to 4404
the state. Upon determination of escheatment, all property 4405
rights to the bond or proceeds from the bond, including all 4406
rights, powers, and privileges of survivorship of an owner, co-4407
owner, or beneficiary, shall vest solely in the state. 4408
(b) Service of process by publication may be made on a 4409
party in a civil action pursuant to this section. A notice of 4410
action shall state the name of any known owner of the bond, the 4411
nature of the action or proceeding in short and simple terms, 4412
the name of the court in which the action or proceeding is 4413
instituted, and an abbreviated title of the case. 4414
(c) The notice of action shall require a person claiming 4415
an interest in the bond to file a written defense with the clerk 4416
of the court and serve a copy of the defense by the date fixed 4417
in the notice. The date must not be less than 28 or more than 60 4418
days after the first publication of the notice. 4419
(d) The notice of action shall be published once a week 4420
for 4 consecutive weeks in a newspaper of general circulation 4421
published in Leon County. Proof of publication shall be placed 4422
in the court file. 4423
(e)1. If no person files a claim with the court for the 4424
bond and if the department has substantially complied with the 4425

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provisions of this section, the court shall enter a default 4426
judgment that the bond, or proceeds from such bond, has 4427
escheated to the state. 4428
2. If a person files a claim for one or more bonds and, 4429
after notice and hearing, the court determines that the claimant 4430
is not entitled to the bonds claimed by such claimant, the court 4431
shall enter a judgment that such bonds, or proceeds from such 4432
bonds, have escheated to the state. 4433
3. If a person files a claim for one or more bonds and, 4434
after notice and hearing, the court determines that the claimant 4435
is entitled to the bonds claimed by such claimant, the court 4436
shall enter a judgment in favor of the claimant. 4437
(3) The department may redeem a United States savings bond 4438
escheated to the state pursuant to this section or, in the event 4439
that the department is not in possession of the bond, seek to 4440
obtain the proceeds from such bond. Proceeds received by the 4441
department shall be deposited in accordance with s. 717.123. 4442
Section 91. Section 717.139, Florida Statutes, is amended 4443
to read: 4444
717.139 Uniformity of application and construction.— 4445
(1) The Legislature finds that laws governing abandoned 4446
property serve a vital public purpose by protecting the property 4447
rights of owners, facilitating the return abandoned property to 4448
its owners, preventing private escheatment, and ensuring that 4449
abandoned assets are preserved and safeguarded from waste or 4450

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misuse. It is the public policy of the state to protect the 4451
interests of owners of abandoned unclaimed property. It is 4452
declared to be in the best interests of owners of unclaimed 4453
property that such owners receive the full amount of any 4454
unclaimed property without any fee. 4455
(2) This chapter shall be applied and construed as to 4456
effectuate its general purpose of protecting the interest of 4457
missing owners of abandoned property, while providing that the 4458
benefit of all unclaimed and abandoned property shall go to all 4459
the people of the state, and to make uniform the law with 4460
respect to the subject of this chapter among states enacting it. 4461
It is the intent of the Legislature that property reported under 4462
this chapter remains the property of the owner and that the 4463
State of Florida acts solely as a custodian, not as the owner, 4464
of such property. Title to abandoned property may not transfer 4465
to the state except as expressly provided by law and only after 4466
all reasonable efforts to identify and return the property to 4467
its rightful owner have been exhausted. 4468
Section 92. Section 717.1400, Florida Statutes, is amended 4469
to read: 4470
717.1400 Registration.— 4471
(1) In order to file claims as a claimant claimant's 4472
representative, receive a distribution of fees and costs for 4473
approved claims from the department, and obtain information 4474
regarding abandoned unclaimed property dollar amounts and 4475

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numbers of reported shares of stock held by the department, an 4476
individual must meet all of the following requirements: 4477
(a) Be one of the following: 4478
1. A Florida-licensed private investigator holding a Class 4479
"C" individual license under chapter 493; 4480
2. A Florida-certified public account; or 4481
3. A Florida-licensed attorney. 4482
(b) Have obtained a certificate of registration from Must 4483
register with the department. 4484
(2) An application for registration as a claimant 4485
representative must be submitted in writing on a form prescribed 4486
by the department and must be accompanied by all of the 4487
following: 4488
(a) A legible color copy of the applicant's current driver 4489
license showing the full name and current address of such 4490
person. If a current driver license is not available, another 4491
form of photo identification must be provided which shows the 4492
full name and current address of such person. 4493
(b) If the applicant is a private investigator: 4494
1. on such form as the department prescribes by rule and 4495
must be verified by the applicant. To register with the 4496
department, a private investigator must provide: 4497
(a) A legible copy of the applicant's Class "A" business 4498
license under chapter 493 or that of the applicant's firm or 4499
employer which holds a Class "A" business license under chapter 4500

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493; and. 4501
2.(b) A legible copy of the applicant's Class "C" 4502
individual license issued under chapter 493. 4503
(c) If the applicant is a certified public account, the 4504
applicant's Florida Board of Accountancy number. 4505
(d) If the applicant is a licensed attorney, the 4506
applicant's Florida Bar number. 4507
(e)(c) The business address, and telephone number, tax 4508
identification number, and state of domicile or incorporation of 4509
the applicant's private investigative firm or employer. 4510
(f)(d) The names of agents, or employees, or independent 4511
contractors, if any, who are designated or authorized to act on 4512
behalf of the applicant private investigator, together with a 4513
legible color copy of their photo identification issued by an 4514
agency of the United States, or a state, or a political 4515
subdivision thereof. 4516
(g) A statement that the applicant has not, during the 5-4517
year period immediately preceding the submission of the 4518
application, violated any part of the Florida Disposition of 4519
Abandoned Personal Property Act. 4520
(h) A statement that the applicant has not been convicted 4521
of, or plead guilty to, a felony or any offense involving moral 4522
turpitude; dishonesty; deceit; or breach of fiduciary duty, 4523
including theft, attempted theft, falsification, tampering with 4524
records, securing writings by deception, fraud, forgery, or 4525

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perjury. 4526
(i)(e) Sufficient information to enable the department to 4527
disburse funds by electronic funds transfer. 4528
(j) The applicant's notarized signature immediately 4529
following an acknowledgment that any false or perjured statement 4530
subjects the applicant to criminal liability under the laws of 4531
this state 4532
(f) The tax identification number of the private 4533
investigator's firm or employer which holds a Class "A" business 4534
license under chapter 493. 4535
(2) In order to file claims as a claimant's 4536
representative, receive a distribution of fees and costs from 4537
the department, and obtain unclaimed property dollar amounts and 4538
numbers of reported shares of stock held by the department, a 4539
Florida-certified public accountant must register with the 4540
department on such form as the department prescribes by rule and 4541
must be verified by the applicant. To register with the 4542
department, a Florida-certified public accountant must provide: 4543
(a) The applicant's Florida Board of Accountancy number. 4544
(b) A legible copy of the applicant's current driver 4545
license showing the full name and current address of such 4546
person. If a current driver license is not available, another 4547
form of identification showing the full name and current address 4548
of such person or persons shall be filed with the department. 4549
(c) The business address and telephone number of the 4550

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applicant's public accounting firm or employer. 4551
(d) The names of agents or employees, if any, who are 4552
designated to act on behalf of the Florida-certified public 4553
accountant, together with a legible copy of their photo 4554
identification issued by an agency of the United States, or a 4555
state, or a political subdivision thereof. 4556
(e) Sufficient information to enable the department to 4557
disburse funds by electronic funds transfer. 4558
(f) The tax identification number of the accountant's 4559
public accounting firm employer. 4560
(3) In order to file claims as a claimant's 4561
representative, receive a distribution of fees and costs from 4562
the department, and obtain unclaimed property dollar amounts and 4563
numbers of reported shares of stock held by the department, an 4564
attorney licensed to practice in this state must register with 4565
the department on such form as the department prescribes by rule 4566
and must be verified by the applicant. To register with the 4567
department, such attorney must provide: 4568
(a) The applicant's Florida Bar number. 4569
(b) A legible copy of the applicant's current driver 4570
license showing the full name and current address of such 4571
person. If a current driver license is not available, another 4572
form of identification showing the full name and current address 4573
of such person or persons shall be filed with the department. 4574
(c) The business address and telephone number of the 4575

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applicant's firm or employer. 4576
(d) The names of agents or employees, if any, who are 4577
designated to act on behalf of the attorney, together with a 4578
legible copy of their photo identification issued by an agency 4579
of the United States, or a state, or a political subdivision 4580
thereof. 4581
(e) Sufficient information to enable the department to 4582
disburse funds by electronic funds transfer. 4583
(f) The tax identification number of the attorney's firm 4584
or employer. 4585
(4) Information and documents already on file with the 4586
department before the effective date of this provision need not 4587
be resubmitted in order to complete the registration. 4588
(4)(5) If a material change in the status of a 4589
registration occurs, the claimant representative a registrant 4590
must, within 30 days, provide the department with the updated 4591
documentation and information in writing. Material changes 4592
include, but are not limited to, the following,: a designated 4593
agent or employee ceasing to act on behalf of the designating 4594
person, a surrender, suspension, or revocation of a license, or 4595
a license renewal. 4596
(a) If a designated agent or employee ceases to act on 4597
behalf of the person who has designated the agent or employee to 4598
act on such person's behalf, the designating person must, within 4599
30 days, inform the department the Division of Unclaimed 4600

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Property in writing of the termination of agency or employment. 4601
(b) If a registrant surrenders the registrant's license or 4602
the license is suspended or revoked, the registrant must, within 4603
30 days, inform the division in writing of the surrender, 4604
suspension, or revocation. 4605
(c) If a private investigator's Class "C" individual 4606
license under chapter 493 or a private investigator's employer's 4607
Class "A" business license under chapter 493 is renewed, the 4608
private investigator must provide a copy of the renewed license 4609
to the department within 30 days after the receipt of the 4610
renewed license by the private investigator or the private 4611
investigator's employer. 4612
(5)(6) An applicant's claimant representative's A 4613
registrant's firm or employer may not have a name that might 4614
lead another person to conclude that the claimant 4615
representative's registrant's firm or employer is affiliated or 4616
associated with the United States, or an agency thereof, or a 4617
state or an agency or political subdivision of a state. The 4618
department shall deny an application for registration or revoke 4619
a registration if the applicant's or claimant representative's 4620
registrant's firm or employer has a name that might lead another 4621
person to conclude that the firm or employer is affiliated or 4622
associated with the United States, or an agency thereof, or a 4623
state or an agency or political subdivision of a state. Names 4624
that might lead another person to conclude that the firm or 4625

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employer is affiliated or associated with the United States, or 4626
an agency thereof, or a state or an agency or political 4627
subdivision of a state, include, but are not limited to, the 4628
words United States, Florida, state, bureau, division, 4629
department, or government. 4630
(6)(7) The licensing and other requirements of this 4631
section must be maintained as a condition of registration with 4632
the department. 4633
(7) To maintain active registration under this section, a 4634
claimant representative must file and obtain payment on at least 4635
10 claims per calendar year following the date of initial 4636
registration. 4637
(a) If a claimant representative fails to meet this 4638
requirement, the department must notify the claimant 4639
representative in writing and provide 30 days to demonstrate 4640
compliance or good cause for noncompliance. 4641
(b) If the claimant representative does not cure the 4642
deficiency or demonstrate good cause within the time provided, 4643
the department must revoke the registration. 4644
(c) A claimant representative whose registration is 4645
revoked under this subsection may not reapply for registration 4646
under this section for a period of 1 year following the 4647
effective date of the revocation. 4648
Section 93. Subsection (1) of section 1001.281, Florida 4649
Statutes, is amended to read: 4650

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1001.281 Operating Trust Fund.— 4651
(1) The Operating Trust Fund, FLAIR number 48-2-510, is 4652
created within the Department of Education. 4653
Section 94. Subsection (1) of section 1001.282, Florida 4654
Statutes, is amended to read: 4655
1001.282 Administrative Trust Fund.— 4656
(1) The Administrative Trust Fund, FLAIR number 48-2-021, 4657
is created within the Department of Education. 4658
Section 95. Paragraph (a) of subsection (2) of section 4659
197.582, Florida Statutes, is amended to read: 4660
197.582 Disbursement of proceeds of sale.— 4661
(2)(a) If the property is purchased for an amount in 4662
excess of the statutory bid of the certificateholder, the 4663
surplus must be paid over and disbursed by the clerk as set 4664
forth in subsections (3), (5), and (6). If the opening bid 4665
included the homestead assessment pursuant to s. 197.502(6)(c), 4666
that amount must be treated as surplus and distributed in the 4667
same manner. The clerk shall distribute the surplus to the 4668
governmental units for the payment of any lien of record held by 4669
a governmental unit against the property, including any tax 4670
certificates not incorporated in the tax deed application and 4671
omitted taxes, if any. If there remains a balance of 4672
undistributed funds, the balance must be retained by the clerk 4673
for the benefit of persons described in s. 197.522(1)(a), except 4674
those persons described in s. 197.502(4)(h), as their interests 4675

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may appear. The clerk shall mail notices to such persons 4676
notifying them of the funds held for their benefit at the 4677
addresses provided in s. 197.502(4). Such notice constitutes 4678
compliance with the requirements of s. 717.117 s. 717.117(6). 4679
Any service charges and costs of mailing notices shall be paid 4680
out of the excess balance held by the clerk. Notice must be 4681
provided in substantially the following form: 4682
4683
NOTICE OF SURPLUS FUNDS 4684
FROM TAX DEED SALE 4685
4686
CLERK OF COURT 4687
.... COUNTY, FLORIDA 4688
4689
Tax Deed #........ 4690
Certificate #........ 4691
Property Description: ........ 4692
Pursuant to chapter 197, Florida Statutes, the above 4693
property was sold at public sale on ...(date of sale)..., and a 4694
surplus of $...(amount)... (subject to change) will be held by 4695
this office for 120 days beginning on the date of this notice to 4696
benefit the persons having an interest in this property as 4697
described in section 197.502(4), Florida Statutes, as their 4698
interests may appear (except for those persons described in 4699
section 197.502(4)(h), Florida Statutes). 4700

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To the extent possible, these funds will be used to satisfy 4701
in full each claimant with a senior mortgage or lien in the 4702
property before distribution of any funds to any junior mortgage 4703
or lien claimant or to the former property owner. To be 4704
considered for funds when they are distributed, you must file a 4705
notarized statement of claim with this office within 120 days of 4706
this notice. If you are a lienholder, your claim must include 4707
the particulars of your lien and the amounts currently due. Any 4708
lienholder claim that is not filed within the 120-day deadline 4709
is barred. 4710
A copy of this notice must be attached to your statement of 4711
claim. After the office examines the filed claim statements, it 4712
will notify you if you are entitled to any payment. 4713
Dated: ........ 4714
Clerk of Court 4715
Section 96. Paragraph (t) of subsection (1) of section 4716
626.9541, Florida Statutes, is amended to read: 4717
626.9541 Unfair methods of competition and unfair or 4718
deceptive acts or practices defined.— 4719
(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 4720
ACTS.—The following are defined as unfair methods of competition 4721
and unfair or deceptive acts or practices: 4722
(t) Certain life insurance relations with funeral 4723
directors prohibited.— 4724
1. No life insurer shall permit any funeral director or 4725

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direct disposer to act as its representative, adjuster, claim 4726
agent, special claim agent, or agent for such insurer in 4727
soliciting, negotiating, or effecting contracts of life 4728
insurance on any plan or of any nature issued by such insurer or 4729
in collecting premiums for holders of any such contracts except 4730
as prescribed in s. 626.785(2) s. 626.785(3). 4731
2. No life insurer shall: 4732
a. Affix, or permit to be affixed, advertising matter of 4733
any kind or character of any licensed funeral director or direct 4734
disposer to such policies of insurance. 4735
b. Circulate, or permit to be circulated, any such 4736
advertising matter with such insurance policies. 4737
c. Attempt in any manner or form to influence 4738
policyholders of the insurer to employ the services of any 4739
particular licensed funeral director or direct disposer. 4740
3. No such insurer shall maintain, or permit its agent to 4741
maintain, an office or place of business in the office, 4742
establishment, or place of business of any funeral director or 4743
direct disposer in this state. 4744
Section 97. For the purpose of incorporating the amendment 4745
made by this act to section 717.101, Florida Statutes, in a 4746
reference thereto, paragraph (a) of subsection (6) of section 4747
772.13, Florida Statutes, is reenacted to read: 4748
772.13 Civil remedy for terrorism or facilitating or 4749
furthering terrorism.— 4750

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(6)(a) In any postjudgment execution proceedings to 4751
enforce a judgment entered against a terrorist party under this 4752
section or under 18 U.S.C. s. 2333 or a substantially similar 4753
law of the United States or of any state or territory of the 4754
United States, including postjudgment execution proceedings 4755
against any agency or instrumentality of the terrorist party not 4756
named in the judgment pursuant to s. 201(a) of the Terrorism 4757
Risk Insurance Act, 28 U.S.C. s. 1610: 4758
1. There is no right to a jury trial under s. 56.18 or s. 4759
77.08; 4760
2. A defendant or a person may not use the resources of 4761
the courts of this state in furtherance of a defense or an 4762
objection to postjudgment collection proceedings if the 4763
defendant or person purposely leaves the jurisdiction of this 4764
state or the United States, declines to enter or reenter this 4765
state or the United States to submit to its jurisdiction, or 4766
otherwise evades the jurisdiction of the court in which a 4767
criminal case is pending against the defendant or person. This 4768
subparagraph applies to any entity that is owned or controlled 4769
by a person to whom this paragraph applies; 4770
3. Creditor process issued under chapter 56 or chapter 77 4771
may be served upon any person or entity over whom the court has 4772
personal jurisdiction. Writs of garnishment issued under s. 4773
77.01 and proceedings supplementary under s. 56.29 apply to 4774
intangible assets wherever located, without territorial 4775

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limitation, including bank accounts as defined in s. 4776
674.104(1)(a), financial assets as defined in s. 678.1021(1), or 4777
other intangible property as defined in s. 717.101. The situs of 4778
any intangible assets held or maintained by or in the 4779
possession, custody, or control of a person or entity so served 4780
shall be deemed to be in this state for the purposes of a 4781
proceeding under chapter 56 or chapter 77. Service of a writ or 4782
notice to appear under this section shall provide the court with 4783
in rem jurisdiction over any intangible assets regardless of the 4784
location of the assets; 4785
4. Notwithstanding s. 678.1121, the interest of a debtor 4786
in a financial asset or security entitlement may be reached by a 4787
creditor by legal process upon the securities intermediary with 4788
whom the debtor's securities account is maintained, or, if that 4789
is a foreign entity, legal process under chapter 56 or chapter 4790
77 may be served upon the United States securities custodian or 4791
intermediary that has reported holding, maintaining, possessing, 4792
or controlling the blocked financial assets or security 4793
entitlements to the Office of Foreign Assets Control of the 4794
United States Department of the Treasury, and such financial 4795
assets or security entitlements shall be subject to execution, 4796
garnishment, and turnover by the United States securities 4797
custodian or intermediary; and 4798
5. Notwithstanding s. 670.502(4), when an electronic funds 4799
transfer is not completed within 5 banking days and is canceled 4800

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pursuant to s. 670.211(4) because a United States intermediary 4801
financial institution has blocked the transaction in compliance 4802
with a United States sanctions program, and a terrorist party or 4803
any agency or instrumentality thereof was either the originator 4804
or the intended beneficiary, then the blocked funds shall be 4805
deemed owned by the terrorist party or its agency or 4806
instrumentality and shall be subject to execution and 4807
garnishment. 4808
Section 98. The following rules are ratified for the sole 4809
and exclusive purpose of satisfying any condition on 4810
effectiveness imposed under chapter 2025-100, Laws of Florida: 4811
Rules 69C-2.004, 69C-2.005, 69C-2.016, 69C-2.022, 69C-2.026, 4812
69C-2.034, 69C-2.035, 69U-100.097, 69V-560.1000, 69V-560.1012, 4813
69V-560.102, 69V-560.7032, 69V-560.7033, 69V-560.7034, 69V-4814
560.7035, and 69V-560.7036, Florida Administrative Code, 4815
entitled "Definitions," "Designation of a Qualified Public 4816
Depository," "Financial Information Reports by a Qualified 4817
Public Depository," "Requirements of Public Depositors," 4818
"Administration of Payment of Losses," "Disqualification, 4819
Suspension, and Administrative Penalty," "Custodians of Gold 4820
Coin or Silver Coin," "Gold Coin or Silver Coin Deposits," 4821
"Disciplinary Guidelines," "Adoption of Forms," "Application or 4822
Appointment Procedures and Requirements," "Records to Be 4823
Maintained when Engaged in Transactions Involving Gold and 4824
Silver Coin," "Gold Coin and Silver Coin Disclosures," 4825

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"Accredited Refiner or Wholesaler of Gold Coin or Silver Coin," 4826
"Chain of Custody Related to Gold or Silver Coin," and "Rapid 4827
Response Time by Law Enforcement," respectively, as filed for 4828
adoption with the Department of State pursuant to the 4829
certification packages dated October 31, 2025, and November 1, 4830
2025. 4831
Section 99. Section 18 of chapter 2025-100, Laws of 4832
Florida, is repealed. 4833
Section 100. This act shall take effect upon becoming a 4834
law. 4835
4836