October 22, 2020
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Senate Bill 2288

Senate Bill sb2288c1

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    Florida Senate - 2004                           CS for SB 2288

    By the Committee on Banking and Insurance; and Senator Clary





    311-2158A-04

  1                      A bill to be entitled

  2         An act relating to unclaimed property; amending

  3         s. 717.101, F.S.; providing definitions;

  4         amending ss. 717.106, 717.107, 717.109, and

  5         717.116, F.S.; revising criteria for presuming

  6         as unclaimed certain bank deposits and funds in

  7         financial organizations, funds owing under life

  8         insurance policies, funds held by business

  9         associations, and property held in a

10         safe-deposit box or other safekeeping

11         repository, respectively; amending s. 717.117,

12         F.S.; revising reporting requirements for

13         unclaimed property; presuming certain accounts

14         as unclaimed under certain circumstances;

15         amending s. 717.118, F.S.; providing

16         requirements for notification of apparent

17         owners of unclaimed property; amending s.

18         717.119, F.S.; revising requirements for

19         delivery of certain unclaimed property;

20         providing penalties for late deliveries;

21         amending s. 717.1201, F.S.; revising certain

22         holder payment and repayment requirements;

23         amending s. 717.122, F.S.; revising certain

24         public sale requirements; authorizing the

25         Department of Financial Services to deduct

26         certain auction fees, costs, and expenses;

27         prohibiting actions or proceedings against the

28         department for certain decisions relating to

29         auctions of unclaimed property; specifying that

30         certain sales of unclaimed property are not

31         subject to the sales tax; amending s. 717.123,

                                  1

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    Florida Senate - 2004                           CS for SB 2288
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 1         F.S.; increasing a maximum amount of funds the

 2         department may retain from certain funds

 3         received; amending s. 717.124, F.S.; providing

 4         additional requirements for filing unclaimed

 5         property claims; providing for the return or

 6         withdrawal of certain claims under certain

 7         circumstances; specifying a time period for

 8         department determination of claims; authorizing

 9         the department to deny claims under certain

10         circumstances; specifying an exclusive remedy

11         for subsequent claimants; revising requirements

12         for a power of attorney; requiring direct

13         delivery of safe-deposit boxes under certain

14         circumstances; revising payment of fees and

15         costs requirements; creating s. 717.12403,

16         F.S.; providing presumptions for certain

17         unclaimed demand, savings, or checking accounts

18         in financial institutions with more than one

19         beneficiary; creating s. 717.12404, F.S.;

20         providing requirements for claims for property

21         reported in the name of an active or dissolved

22         corporation for which the last annual report is

23         unavailable; creating s. 717.12405, F.S.;

24         providing requirements; for claims by estates;

25         amending s. 717.1241, F.S.; revising

26         requirements for remittance of property subject

27         to conflicting claims; amending s. 717.1242,

28         F.S.; clarifying legislative intent relating to

29         filing certain claims; creating s. 717.1244,

30         F.S.; providing criteria for department

31         determinations of claims; amending s. 717.126,

                                  2

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    Florida Senate - 2004                           CS for SB 2288
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 1         F.S.; providing a criterion for proof of

 2         entitlement; specifying venue in certain

 3         unclaimed property actions; creating s.

 4         717.1261, F.S.; requiring a death certificate

 5         in claiming entitlement to certain unclaimed

 6         property; creating s. 717.1262, F.S.; requiring

 7         certain court documents in claiming entitlement

 8         to certain unclaimed property; amending s.

 9         717.1301, F.S.; revising certain fee and

10         expense requirements for investigations or

11         examinations; providing for interest on such

12         amounts under certain circumstances; amending

13         s. 717.1315, F.S.; clarifying a record

14         retention requirement for owner

15         representatives; amending s. 717.132, F.S.;

16         specifying criteria for certain corrective

17         actions; creating s. 717.1322, F.S.; specifying

18         grounds for certain disciplinary actions;

19         providing for certain disciplinary actions;

20         creating s. 717.1331, F.S.; providing for

21         department actions against certain lienholders

22         under certain circumstances; creating s.

23         717.1333, F.S.; providing for admitting certain

24         documents into evidence in certain actions;

25         amending s. 717.134, F.S.; authorizing the

26         department to impose and collect penalties for

27         failing to report certain information;

28         authorizing the department waive such penalties

29         under certain circumstances; creating s.

30         717.1341, F.S.; prohibiting receipt of

31         unentitled unclaimed property; providing for

                                  3

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    Florida Senate - 2004                           CS for SB 2288
    311-2158A-04




 1         liability for such property under certain

 2         circumstances; authorizing the department to

 3         maintain certain civil or administrative

 4         actions; providing for fines, costs, and

 5         attorney fees; prohibiting filing claims for

 6         unentitled unclaimed property; providing

 7         criminal penalties; amending s. 717.135, F.S.;

 8         revising requirements for agreements to recover

 9         certain property; providing an agreement form;

10         creating s. 717.1351, F.S.; providing

11         requirements for acquisition of unclaimed

12         property by certain persons; providing certain

13         contract requirements; providing a contract

14         form; creating s. 717.1400, F.S.; providing

15         requiring certain licensed persons to register

16         with the department for certain purposes;

17         providing registration requirements; providing

18         for denial of registration under certain

19         circumstances; providing registration

20         limitations; amending s. 212.02, F.S.; revising

21         a definition to conform; amending ss. 322.142

22         and 395.3025, F.S.; providing for disclosure of

23         certain confidential information to the

24         department under certain circumstances;

25         providing an effective date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Subsection (15) of section 717.101, Florida

30  Statutes, is renumbered as subsection (16) and amended,

31  subsections (5) through (18) are renumbered as subsections (6)

                                  4

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    Florida Senate - 2004                           CS for SB 2288
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 1  through (19), respectively, present subsection (19) is

 2  renumbered as subsection (21), and new subsections (5) and

 3  (20) are added to that section, to read:

 4         717.101  Definitions.--As used in this chapter, unless

 5  the context otherwise requires:

 6         (5)  "Claimant" means the person on whose behalf a

 7  claim is filed.

 8         (16)(15)  "Owner" means a depositor in the case of a

 9  deposit, a beneficiary in case of a trust or other than a

10  deposit in trust, a claimant, or a payee in the case of other

11  intangible property, or a person having a legal or equitable

12  interest in property subject to this chapter or his or her

13  legal representative.

14         (20)  "Ultimate equitable owner" means a natural person

15  who, directly or indirectly, owns or controls an ownership

16  interest in a corporation, a foreign corporation, an alien

17  business organization, or any other form of business

18  organization, regardless of whether such natural person owns

19  or controls such ownership interest through one or more

20  natural persons or one or more proxies, powers of attorney,

21  nominees, corporations, associations, partnerships, trusts,

22  joint stock companies, or other entities or devices, or any

23  combination thereof.

24         Section 2.  Subsection (1) of section 717.106, Florida

25  Statutes, are amended to read:

26         717.106  Bank deposits and funds in financial

27  organizations.--

28         (1)  Any demand, savings, or matured time deposit with

29  a banking or financial organization, including deposits that

30  are automatically renewable, and any funds paid toward the

31  purchase of shares, a mutual investment certificate, or any

                                  5

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    Florida Senate - 2004                           CS for SB 2288
    311-2158A-04




 1  other interest in a banking or financial organization is

 2  presumed unclaimed unless the owner has, within 5 years:

 3         (a)  Increased or decreased the amount of the deposit

 4  or presented the passbook or other similar evidence of the

 5  deposit for the crediting of interest;

 6         (b)  Communicated in writing or by telephone with the

 7  banking or financial organization concerning the property;

 8         (c)  Otherwise indicated an interest in the property as

 9  evidenced by a memorandum or other record on file with the

10  banking or financial organization;

11         (d)  Owned other property to which paragraph (a),

12  paragraph (b), or paragraph (c) is applicable and if the

13  banking or financial organization communicates in writing with

14  the owner with regard to the property that would otherwise be

15  presumed unclaimed under this subsection at the address to

16  which communications regarding the other property regularly

17  are sent; or

18         (e)  Had another relationship with the banking or

19  financial organization concerning which the owner has:

20         1.  Communicated in writing with the banking or

21  financial organization; or

22         2.  Otherwise indicated an interest as evidenced by a

23  memorandum or other record on file with the banking or

24  financial organization and if the banking or financial

25  organization communicates in writing with the owner with

26  regard to the property that would otherwise be unclaimed under

27  this subsection at the address to which communications

28  regarding the other relationship regularly are sent; or

29         (f)  Received first-class mail from the banking or

30  financial organization or a subsidiary of such banking or

31  financial organization, which was not returned as

                                  6

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    Florida Senate - 2004                           CS for SB 2288
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 1  undeliverable, in the ordinary course of business at the

 2  address reflected in the banking or financial organization's

 3  records.

 4         Section 3.  Subsection (1) of section 717.107, Florida

 5  Statutes, is amended to read:

 6         717.107  Funds owing under life insurance policies.--

 7         (1)  Funds held or owing under any life or endowment

 8  insurance policy or annuity contract which has matured or

 9  terminated are presumed unclaimed if unclaimed for more than 5

10  years after the funds became due and payable as established

11  from the records of the insurance company holding or owing the

12  funds, but property described in paragraph (3)(b) is presumed

13  unclaimed if such property is not claimed for more than 2

14  years. The amount presumed unclaimed shall include any amount

15  due and payable under s. 627.4615.

16         Section 4.  Section 717.109, Florida Statutes, is

17  amended to read:

18         717.109  Refunds held by business associations.--Except

19  as to the extent otherwise provided ordered by law the court

20  or administrative agency, any sum that a business association

21  has been ordered to refund by a court or administrative agency

22  which has been unclaimed by the owner for more than 1 year

23  after it became payable in accordance with the final

24  determination or order providing for the refund, regardless of

25  whether the final determination or order requires any person

26  entitled to a refund to make a claim for it, is presumed

27  unclaimed.

28         Section 5.  Section 717.116, Florida Statutes, is

29  amended to read:

30         717.116  Contents of safe-deposit box or other

31  safekeeping repository.--All tangible and intangible property

                                  7

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    Florida Senate - 2004                           CS for SB 2288
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 1  held by a banking or financial organization in a safe-deposit

 2  box or any other safekeeping repository in this state in the

 3  ordinary course of the holder's business, and proceeds

 4  resulting from the sale of the property permitted by law, that

 5  has not been claimed by the owner for more than 3 years after

 6  the lease or rental period on the box or other repository has

 7  expired are presumed unclaimed.

 8         Section 6.  Subsections (1), (3), and (4) of section

 9  717.117, Florida Statutes, are amended to read:

10         717.117  Report of unclaimed property.--

11         (1)  Every person holding funds or other property,

12  tangible or intangible, presumed unclaimed and subject to

13  custody as unclaimed property under this chapter shall report

14  to the department on such forms as the department may

15  prescribe by rule. In lieu of forms, any the holder of

16  unclaimed property belonging to 25 or more apparent owners

17  must may submit the required information via electronic medium

18  as the department may prescribe by rule. The report must

19  include:

20         (a)  Except for traveler's checks and money orders, the

21  name, social security number or taxpayer identification

22  number, and date of birth, if known, and last known address,

23  if any, of each person appearing from the records of the

24  holder to be the owner of any property which is presumed

25  unclaimed and which has a value of $50 or more.

26         (b)  For unclaimed funds which have a value of $50 or

27  more held or owing under any life or endowment insurance

28  policy or annuity contract, the full name, taxpayer

29  identification number or social security number, date of

30  birth, if known, and last known address of the insured or

31  

                                  8

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    Florida Senate - 2004                           CS for SB 2288
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 1  annuitant and of the beneficiary according to records of the

 2  insurance company holding or owing the funds.

 3         (c)  For all tangible property held in a safe-deposit

 4  box or other safekeeping repository, a description of the

 5  property and the place where the property is held and may be

 6  inspected by the department, and any amounts owing to the

 7  holder. Contents of a safe-deposit box or other safekeeping

 8  repository which consist of documents or writings of a private

 9  nature and which have little or no apparent value shall not be

10  presumed unclaimed.

11         (d)  The nature and identifying number, if any, or

12  description of the property and the amount appearing from the

13  records to be due. Items of value under $50 each may be

14  reported in the aggregate.

15         (e)  The date the property became payable, demandable,

16  or returnable, and the date of the last transaction with the

17  apparent owner with respect to the property.

18         (f)  Any person or business association or public

19  corporation entity holding funds presumed unclaimed and having

20  a total value of $10 or less may file a zero balance report

21  for that reporting period. The balance brought forward to the

22  new reporting period is zero.

23         (g)  Such other information as the department may

24  prescribe by rule as necessary for the administration of this

25  chapter.

26         (h)  Credit balances, customer overpayments, security

27  deposits, and refunds having a value of less than $10 shall

28  not be presumed unclaimed.

29         (3)  The report must be filed before May 1 of each

30  year. Such report shall apply to the preceding calendar year.

31  If such report is not filed on or before the applicable filing

                                  9

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    Florida Senate - 2004                           CS for SB 2288
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 1  date, the holder shall pay to The department may impose and

 2  collect a penalty of $10 per day up to a maximum of for each

 3  day the report is delinquent, but such penalty shall not

 4  exceed $500 for the failure to timely report or the failure to

 5  include in a report information required by this chapter. The

 6  penalty shall be remitted to the department within 30 days

 7  after the date of the notification to the holder that the

 8  penalty is due and owing. As necessary for proper

 9  administration of this chapter, the department may waive any

10  penalty due with appropriate justification. On written request

11  by any person required to file a report and upon a showing of

12  good cause, the department may postpone the reporting date.

13  The department must provide information contained in a report

14  filed with the department to any person requesting a copy of

15  the report or information contained in a report, to the extent

16  the information requested is not confidential, within 90 days

17  after the report has been processed and added to the unclaimed

18  property data base subsequent to a determination that the

19  report is accurate and that the reported property is the same

20  as the remitted property.

21         (4)  Holders of inactive accounts having a value of $50

22  or more shall use due diligence to locate apparent owners.

23         (a)  When an owner's account becomes inactive, the

24  holder shall conduct at least one search for the apparent

25  owner using due diligence. For purposes of this section,

26  except for banks, credit unions, and state or federal savings

27  associations, an account is inactive if 2 years have

28  transpired after the last owner-initiated account activity, if

29  2 years have transpired after the expiration date on the

30  instrument or contract, or if 2 years have transpired since

31  first-class mail has been returned as undeliverable. With

                                  10

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    Florida Senate - 2004                           CS for SB 2288
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 1  respect to banks, credit unions, and state or federal savings

 2  associations, an account is inactive if 2 years have

 3  transpired after the last owner-initiated account activity and

 4  first-class mail has been returned as undeliverable or 2 years

 5  after the expiration date on the instrument or contract and

 6  first-class mail has been returned as undeliverable.

 7         (b)1.  Within 180 days after an account becomes

 8  inactive, the holder shall conduct a search to locate the

 9  apparent owner of the property. The holder may satisfy such

10  requirement by conducting one annual search for the owners of

11  all accounts which have become inactive during the prior year.

12         (c)2.  Within 30 days after receiving updated address

13  information, the holder shall provide notice by telephone or

14  first-class mail to the current address notifying the apparent

15  owner that the holder is in possession of property which is

16  presumed unclaimed and may be remitted to the department. The

17  notice shall also provide the apparent owner with the address

18  or the telephone number of an office where the apparent owner

19  may claim the property or reestablish the inactive account.

20         (d)  The account shall be presumed unclaimed if the

21  holder is not able to contact the apparent owner by telephone,

22  the first-class mail notice is returned to the holder as

23  undeliverable, or the apparent owner does not contact the

24  holder in response to the first-class mail notice.

25         (b)  The claim of the apparent owner is not barred by

26  the statute of limitations.

27         Section 7.  Section 717.118, Florida Statutes, is

28  amended to read:

29         717.118  Notification of apparent owners Notice and

30  publication of lists of unclaimed property.--

31  

                                  11

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    Florida Senate - 2004                           CS for SB 2288
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 1         (1)  It is specifically recognized that the state has

 2  an obligation to make an effort to notify owners of unclaimed

 3  property in a cost-effective manner. In order to provide all

 4  the citizens of this state an effective and efficient program

 5  for the recovery of unclaimed property, the department shall

 6  use cost-effective means to make at least one active attempt

 7  to notify owners of unclaimed property accounts valued at more

 8  than $100 with a reported address or taxpayer identification

 9  number the existence of unclaimed property held by the

10  department. Such active attempt to notify locate apparent

11  owners shall include any attempt by the department to directly

12  contact the owner. Other means of notification, such as

13  publication of the names of owners in the newspaper, on

14  television, on the Internet, or through other promotional

15  efforts and items in which the department does not directly

16  attempt to contact the owner are expressly declared to be

17  passive attempts. Nothing in this subsection precludes other

18  agencies or entities of state government from notifying owners

19  of the existence of unclaimed property or attempting to notify

20  locate apparent owners of unclaimed property.

21         (2)  The following notification requirements shall

22  apply:

23         (a)  Notifications that are published or televised may

24  consist of the names of apparent owners of unclaimed property,

25  and information regarding recovery of unclaimed property from

26  the department. Such notification may be televised or

27  published in the county in which the last known address of the

28  apparent owner is located or, if the address is unknown, in

29  the county in which the holder has its principal place of

30  business. Published notifications may be in accordance with s.

31  50.011.

                                  12

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    Florida Senate - 2004                           CS for SB 2288
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 1         (b)  Notification provided directly to individual

 2  apparent owners shall consist of a description of the property

 3  and information regarding recovery of unclaimed property from

 4  the department.

 5         (3)  The department may publish in the notice any items

 6  of more than $100.

 7         (3)(4)  This section is not applicable to sums payable

 8  on traveler's checks, money orders, and other written

 9  instruments presumed unclaimed under s. 717.104.

10         Section 8.  Subsection (5) of section 717.119, Florida

11  Statutes, is amended to read:

12         717.119  Payment or delivery of unclaimed property.--

13         (5)  All intangible and tangible property held in a

14  safe-deposit box or any other safekeeping repository reported

15  under s. 717.117 shall not be delivered to the department

16  until 120 days after the report due date. The delivery of the

17  property, through the United States mail or any other carrier,

18  shall be insured by the holder at an amount equal to the

19  estimated value of the property. Each package shall be clearly

20  marked on the outside "Deliver Unopened." A holder's

21  safe-deposit box contents shall be delivered to the department

22  in a single shipment. In lieu of a single shipment, holders

23  may provide the department with a single detailed shipping

24  schedule that includes package tracking information for all

25  packages being sent pursuant to this section.

26         (a)  Holders may remit the value of cash and coins

27  found in unclaimed safe-deposit boxes to the department by

28  cashier's check or by electronic funds transfer, unless the

29  cash or coins have a value above face value. The department

30  shall identify by rule those cash and coin items having a

31  numismatic value. Cash and coin items identified as having a

                                  13

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    Florida Senate - 2004                           CS for SB 2288
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 1  numismatic value shall be remitted to the department in their

 2  original form.

 3         (b)  Any firearm or ammunition found in an unclaimed

 4  safe-deposit box or any other safekeeping repository shall be

 5  delivered by the holder to a law enforcement agency for

 6  disposal. However, the department is authorized to make a

 7  reasonable attempt to ascertain the historical value to

 8  collectors of any firearm that has been delivered to the

 9  department. Any firearm appearing to have historical value to

10  collectors may be sold by the department pursuant to s.

11  717.122 to a person having a federal firearms license. Any

12  firearm which is not sold pursuant to s. 717.122 shall be

13  delivered by the department to a law enforcement agency in

14  this state for disposal. The department shall not be

15  administratively, civilly, or criminally liable for any

16  firearm delivered by the department to a law enforcement

17  agency in this state for disposal.

18         (c)  If such property is not paid or delivered to the

19  department on or before the applicable payment or delivery

20  date, the holder shall pay to the department a penalty of $10

21  for each safe-deposit box shipment received late, but such

22  penalty shall not exceed $1,000. The penalty shall be $100 for

23  a safe-deposit box shipment container that is late 30 days or

24  less. Thereafter, the penalty shall be $500 for a safe-deposit

25  box shipment container that is late for each additional

26  successive 30-day period. The penalty assessed against a

27  holder for a late safe-deposit box shipment container shall

28  not exceed $4,000 annually. The penalty shall be remitted to

29  the department within 30 days after the date of the

30  notification to the holder that the penalty is due and owing.

31  

                                  14

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 1         (d)  The department may waive any penalty due with

 2  appropriate justification, as provided by rule.

 3         (e)  Upon written request by any person required to

 4  deliver safe-deposit box contents, the department may postpone

 5  the delivery.

 6         Section 9.  Subsection (2) of section 717.1201, Florida

 7  Statutes, is amended to read:

 8         717.1201  Custody by state; holder relieved from

 9  liability; reimbursement of holder paying claim; reclaiming

10  for owner; defense of holder; payment of safe-deposit box or

11  repository charges.--

12         (2)  Any holder who has paid money to the department

13  pursuant to this chapter may make payment to any person

14  appearing to the holder to be entitled to payment and, upon

15  filing proof of payment and proof that the payee is was

16  entitled thereto, the department shall forthwith repay

17  reimburse the holder for the payment without deduction of any

18  fee or other charges. If repayment reimbursement is sought for

19  a payment made on a negotiable instrument, including a

20  traveler's check or money order, the holder must be repaid

21  reimbursed under this subsection upon filing proof that the

22  instrument was duly presented and that the payee is payment

23  was made to a person who appeared to the holder to be entitled

24  to payment. The holder shall be repaid reimbursed for payment

25  made under this subsection even if the payment was made to a

26  person whose claim was barred under s. 717.129(1).

27         Section 10.  Subsections (1) and (3) of section

28  717.122, Florida Statutes, are amended, and subsection (5) is

29  added to that section, to read:

30         717.122  Public sale of unclaimed property.--

31  

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 1         (1)  Except as provided in subsection (2), the

 2  department after the receipt of unclaimed property shall sell

 3  it to the highest bidder at public sale on the Internet or at

 4  a specified physical location wherever in the judgment of the

 5  department the most favorable market for the property involved

 6  exists. The department may decline the highest bid and reoffer

 7  the property for sale if in the judgment of the department the

 8  bid is insufficient. The department shall have the discretion

 9  to withhold from sale any unclaimed property that the

10  department deems to be of benefit to the people of the state.

11  If in the judgment of the department the probable cost of sale

12  exceeds the value of the property, it need not be offered for

13  sale and may be disposed of as the department determines

14  appropriate. Any sale at a specified physical location held

15  under this section must be preceded by a single publication of

16  notice, at least 3 weeks in advance of sale, in a newspaper of

17  general circulation in the county in which the property is to

18  be sold. The department shall proportionately deduct auction

19  fees, preparation costs, and expenses from the amount posted

20  to the owner's account when safe-deposit box contents are

21  sold. No action or proceeding may be maintained against the

22  department for or on account of any decision to decline the

23  highest bid or withhold any unclaimed property from sale.

24         (3)  Unless the department deems it to be in the public

25  interest to do otherwise, all securities presumed unclaimed

26  and delivered to the department may be sold upon receipt. Any

27  person making a claim pursuant to this chapter is entitled to

28  receive either the securities delivered to the department by

29  the holder, if they still remain in the hands of the

30  department, or the proceeds received from sale, less any

31  amounts deducted pursuant to subsection (2), but no person has

                                  16

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 1  any claim under this chapter against the state, the holder,

 2  any transfer agent, any registrar, or any other person acting

 3  for or on behalf of a holder for any appreciation in the value

 4  of the property occurring after delivery by the holder to the

 5  state.

 6         (5)  The sale of unclaimed tangible personal property

 7  is not subject to tax under chapter 212 when such property is

 8  sold by or on behalf of the department pursuant to this

 9  section.

10         Section 11.  Subsection (1) of section 717.123, Florida

11  Statutes, is amended to read:

12         717.123  Deposit of funds.--

13         (1)  All funds received under this chapter, including

14  the proceeds from the sale of unclaimed property under s.

15  717.122, shall forthwith be deposited by the department in the

16  Unclaimed Property Trust Fund. The department shall retain,

17  from funds received under this chapter, an amount not

18  exceeding $15 $8 million from which the department shall make

19  prompt payment of claims allowed by the department and shall

20  pay the costs incurred by the department in administering and

21  enforcing this chapter. All remaining funds received by the

22  department under this chapter shall be deposited by the

23  department into the State School Fund.

24         Section 12.  Section 717.124, Florida Statutes, is

25  amended to read:

26         717.124  Unclaimed property claims Filing of claim with

27  department.--

28         (1)  Any person, excluding another state, claiming an

29  interest in any property paid or delivered to the department

30  under this chapter may file with the department a claim on a

31  form prescribed by the department and verified by the claimant

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 1  or the claimant's representative. The claimant's

 2  representative must be an attorney licensed to practice law in

 3  this state, a licensed Florida-certified public accountant, or

 4  a private investigator licensed under chapter 493. The

 5  claimant's representative must be registered with the

 6  department under this chapter. The claimant, or the claimant's

 7  representative, shall provide the department with a legible

 8  copy of a valid driver's license of the claimant at the time

 9  the original claim form is filed. If the claimant has not been

10  issued a valid driver's license at the time the original claim

11  form is filed, the department shall be provided with a legible

12  copy of a photographic identification of the claimant issued

13  by the United States or a foreign nation, a state or territory

14  of the United States or foreign nation, or a political

15  subdivision or agency thereof. Any claim filed without the

16  required identification with the original claim form and the

17  original power of attorney, if applicable, is void.

18         (a)  Within 90 days after receipt of a claim, the

19  department may return any claim that provides for the receipt

20  of fees and costs greater than that permitted under this

21  chapter or that contains any apparent errors or omissions. The

22  department may also request that the claimant or the

23  claimant's representative provide additional information. The

24  department shall retain a copy or electronic image of the

25  claim.

26         (b)  A claimant or the claimant's representative shall

27  be deemed to have withdrawn a claim if no response to the

28  department's request for additional information is received by

29  the department within 60 days after the notification of any

30  apparent errors or omissions.

31  

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 1         (c)  Within 90 days after receipt of the claim, or the

 2  response of the claimant or the claimant's representative to

 3  the department's request for additional information, whichever

 4  is later, the department shall determine each claim within 90

 5  days after it is filed. Such determination shall contain a

 6  notice of rights provided by ss. 120.569 and 120.57. The

 7  90-day period shall be extended by 60 days if the department

 8  has good cause to need additional time or if the unclaimed

 9  property:

10         1.  Is owned by a person who has been a debtor in

11  bankruptcy;

12         2.  Was reported with an address outside of the United

13  States;

14         3.  Is being claimed by a person outside of the United

15  States; or

16         4.  Contains documents filed in support of the claim

17  that are not in the English language and have not been

18  accompanied by an English language translation.

19         (d)  The department shall deny any claim under which

20  the claimant's representative has refused to authorize the

21  department to reduce the fees and costs to the maximum

22  permitted under this chapter.

23         (2)  A claim for a cashier's check or a stock

24  certificate without the original instrument may require an

25  indemnity bond equal to the value of the claim to be provided

26  prior to issue of the stock or payment of the claim by the

27  department.

28         (3)  The department may require an affidavit swearing

29  to the authenticity of the claim, lack of documentation, and

30  an agreement to allow the department to provide the name and

31  address of the claimant to subsequent claimants coming forward

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 1  with substantiated proof to claim the account. This shall

 2  apply to claims equal to or less than $250. The exclusive

 3  remedy of a subsequent claimant to the property shall be

 4  against the person who received the property from the

 5  department.

 6         (4)(a)  Except as otherwise provided in this chapter,

 7  if a claim is determined in favor of the claimant, the

 8  department shall deliver or pay over to the claimant the

 9  property or the amount the department actually received or the

10  proceeds if it has been sold by the department, together with

11  any additional amount required by s. 717.121.

12         (b)(5)(a)  If an owner authorizes an attorney licensed

13  to practice law in this state, Florida-certified public

14  accountant, or private investigator licensed under chapter

15  493, and registered with the department under this chapter,

16  investigative agency which is duly licensed to do business in

17  this state to claim the unclaimed property on the owner's

18  behalf, the department is authorized to make distribution of

19  the property or money in accordance with such power of

20  attorney. The original power of attorney must be executed by

21  the owner and must be filed with the department.

22         (c)(b)1.  Payments of approved claims for unclaimed

23  cash accounts shall be made to the owner after deducting any

24  fees and costs authorized pursuant to a written power of

25  attorney. The contents of a safe-deposit box shall be

26  delivered directly to the claimant notwithstanding any

27  agreement to the contrary.

28         2.  Payments of fees and costs authorized pursuant to a

29  written power of attorney for approved cash claims shall be

30  made or issued forwarded to the law firm employer of the

31  designated attorney licensed to practice law in this state,

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 1  the public accountancy firm employer of the licensed

 2  Florida-certified public accountant, or the designated

 3  employing private investigative agency licensed by this state.

 4  Such payments shall may be made by electronic funds transfer

 5  and may be made on such periodic schedule as the department

 6  may define by rule, provided the payment intervals do not

 7  exceed 31 days. Payment made to an attorney licensed in this

 8  state, a Florida-certified public accountant, or a private

 9  investigator licensed under chapter 493, operating

10  individually or as a sole practitioner, shall be to the

11  attorney, certified public accountant, or private

12  investigator.

13         3.  Payments of approved claims for unclaimed

14  securities and other intangible ownership interests made to an

15  attorney, Florida-certified public accountant, or private

16  investigative agency shall be promptly deposited into a trust

17  or escrow account which is regularly maintained by the

18  attorney, Florida-certified public accountant, or the private

19  investigative agency in a financial institution authorized to

20  accept such deposits and located in this state.

21         (c)  Distribution of unclaimed property by the

22  attorney, Florida-certified public accountant, or private

23  investigative agency to the claimant shall be made within 10

24  days following final credit of the deposit into the trust or

25  escrow account at the financial institution, unless a party to

26  the agreement protests in writing such distribution before it

27  is made.

28         (5)(6)  The department shall not be administratively,

29  civilly, or criminally liable for any property or funds

30  distributed pursuant to this section, provided such

31  distribution is made in good faith.

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 1         (6)  This section does not supersede the licensing

 2  requirements of chapter 493.

 3         Section 13.  Section 717.12403, Florida Statutes, is

 4  created to read:

 5         717.12403  Unclaimed demand, savings, or checking

 6  account in a financial institution held in the name of more

 7  than one person.--

 8         (1)(a)  If an unclaimed demand, savings, or checking

 9  account in a financial institution is reported as an "and"

10  account in the name of two or more persons who are not

11  beneficiaries, it is presumed that each person must claim the

12  account in order for the claim to be approved by the

13  department. This presumption may be rebutted by showing that

14  entitlement to the account has been transferred to another

15  person or by clear and convincing evidence demonstrating that

16  the account should have been reported by the financial

17  institution as an "or" account.

18         (b)  If an unclaimed demand, savings, or checking

19  account in a financial institution is reported as an "and"

20  account and one of the persons on the account is deceased, it

21  is presumed that the account is a survivorship account. This

22  presumption may be rebutted by showing that entitlement to the

23  account has been transferred to another person or by clear and

24  convincing evidence demonstrating that the account is not a

25  survivorship account.

26         (2)  If an unclaimed demand, savings, or checking

27  account in a financial institution is reported as an "or"

28  account in the name of two or more persons who are not

29  beneficiaries, it is presumed that either person listed on the

30  account may claim the entire amount held in the account. This

31  presumption may be rebutted by showing that entitlement to the

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 1  account has been transferred to another person or by clear and

 2  convincing evidence demonstrating that the account should have

 3  been reported by the financial institution as an "and"

 4  account.

 5         (3)  If an unclaimed demand, savings, or checking

 6  account in a financial institution is reported in the name of

 7  two or more persons who are not beneficiaries without

 8  identifying whether the account is an "and" account or an "or"

 9  account, it is presumed that the account is an "or" account.

10  This presumption may be rebutted by showing that entitlement

11  to the account has been transferred to another person or by

12  clear and convincing evidence demonstrating that the account

13  should have been reported by the financial institution as an

14  "and" account.

15         (4)  The department shall be deemed to have made a

16  distribution in good faith if the department remits funds

17  consistent with this section.

18         Section 14.  Section 717.12404, Florida Statutes, is

19  created to read:

20         717.12404  Claims on behalf of a business entity or

21  trust.--

22         (1)  Claims on behalf of an active or dissolved

23  corporation, for which the last annual report is not available

24  from the Department of State through the Internet, must be

25  accompanied by a microfiche copy of the records on file with

26  the Department of State or, if the corporation has not made a

27  corporate filing with the Department of State, an

28  authenticated copy of the last corporate filing identifying

29  the officers and directors from the appropriate authorized

30  official of the state of incorporation. A claim on behalf of a

31  

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 1  corporation must be made by an officer or director identified

 2  on the last corporate filing.

 3         (2)  Claims on behalf of a dissolved corporation, a

 4  business entity other than an active corporation, or a trust

 5  must include a legible copy of a valid driver's license of the

 6  person acting on behalf of the dissolved corporation, business

 7  entity other than an active corporation, or trust. If the

 8  person has not been issued a valid driver's license, the

 9  department shall be provided with a legible copy of a

10  photographic identification of the person issued by the United

11  States or a foreign nation, or a political subdivision or

12  agency thereof. Any claim filed without the required

13  identification with the original claim form and the original

14  power of attorney, if applicable, is void.

15         Section 15.  Section 717.12405, Florida Statutes, is

16  created to read:

17         717.12405  Claims by estates.--An estate or any person

18  representing an estate or acting on behalf of an estate may

19  claim unclaimed property only after the heir or legatee of the

20  decedent entitled to the property has been located. Any

21  estate, or any person representing an estate or acting on

22  behalf of an estate, that receives unclaimed property before

23  the heir or legatee of the decedent entitled to the property

24  has been located, is personally liable for the unclaimed

25  property and must immediately return the full amount of the

26  unclaimed property or the value thereof to the department in

27  accordance with s. 717.1341.

28         Section 16.  Subsection (1) of section 717.1241,

29  Florida Statutes, is amended, and subsection (3) is added to

30  said section, to read:

31         717.1241  Conflicting claims.--

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 1         (1)  When ownership has been established but

 2  conflicting claims have been received by the department, the

 3  property shall be remitted as follows, notwithstanding the

 4  withdrawal of a claim to the:

 5         (a)  As between an owner and an owner's representative:

 6         1.  To the person submitting the first claim that is

 7  complete or made complete received by the department; or

 8         2.  If an owner's claim and an owner's representative's

 9  claim are received by the department on the same day and both

10  claims are complete, to the owner;

11         (b)  As between two or more owner's representatives, to

12  the owner's representative who has submitted the first claim

13  that is complete or made complete Owner if an owner's claim

14  and an owner's representative's claim are received by the

15  department on the same day; or

16         (c)  As between two or more owner's representatives

17  whose claims were complete on the same day, to the owner's

18  representative who has agreed to receive the lowest fee. If

19  two or more owner's representatives whose claims were complete

20  on the same day are charging the same lowest fee, the fees

21  shall be divided equally between the owner's representatives

22  Owner's representative who has the earliest dated contract

23  with the owner if claims by two or more owner's

24  representatives are received by the department on the same

25  day.

26         (3)  A claim is complete when entitlement to the

27  unclaimed property has been established.

28         Section 17.  Subsection (1) of section 717.1242,

29  Florida Statutes, is amended to read:

30         717.1242  Restatement of jurisdiction of the circuit

31  court sitting in probate and the department.--

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 1         (1)  It is and has been the intent of the Legislature

 2  that, pursuant to s. 26.012(2)(b), circuit courts have

 3  jurisdiction of proceedings relating to the settlement of the

 4  estates of decedents and other jurisdiction usually pertaining

 5  to courts of probate. It is and has been the intent of the

 6  Legislature that, pursuant to s. 717.124, the department

 7  determines the merits of claims for property paid or delivered

 8  to the department under this chapter. Consistent with this

 9  legislative intent, any estate or beneficiary, as defined in

10  s. 731.201, heir of an estate seeking to obtain property paid

11  or delivered to the department under this chapter must file a

12  claim with the department as provided in s. 717.124.

13         Section 18.  Section 717.1244, Florida Statutes, is

14  created to read:

15         717.1244  Determinations of unclaimed property

16  claims.--In rendering a determination regarding the merits of

17  an unclaimed property claim, the department shall rely on the

18  applicable statutory, regulatory, common, and case law. Agency

19  statements applying the statutory, regulatory, common, and

20  case law to unclaimed property claims are not agency

21  statements subject to s. 120.56(4).

22         Section 19.  Section 717.126, Florida Statutes, is

23  amended to read:

24         717.126  Administrative hearing; burden of proof; proof

25  of entitlement; venue.--

26         (1)  Any person aggrieved by a decision of the

27  department may petition for a hearing as provided in ss.

28  120.569 and 120.57. In any proceeding for determination of a

29  claim to property paid or delivered to the department under

30  this chapter, the burden shall be upon the claimant to

31  establish entitlement to the property by a preponderance of

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 1  evidence. Having the same name as that reported to the

 2  department is not sufficient, in the absence of other

 3  evidence, to prove entitlement to unclaimed property.

 4         (2)  Unless otherwise agreed by the parties, venue

 5  shall be in Tallahassee, Leon County, Florida. However, upon

 6  the request of a party, the presiding officer may, in the

 7  presiding officer's discretion, conduct the hearing at an

 8  alternative remote video location.

 9         Section 20.  Section 717.1261, Florida Statutes, is

10  created to read:

11         717.1261  Death certificates.--Any person who claims

12  entitlement to unclaimed property by means of the death of one

13  or more persons shall file a copy of the death certificate of

14  the decedent or decedents that has been certified as being

15  authentic by the issuing governmental agency.

16         Section 21.  Section 717.1262, Florida Statutes, is

17  created to read:

18         717.1262  Court documents.--Any person who claims

19  entitlement to unclaimed property by reason of a court

20  document shall file a certified copy of the court document

21  with the department.

22         Section 22.  Subsections (1) and (6) of section

23  717.1301, Florida Statutes, are amended to read:

24         717.1301  Investigations; examinations; subpoenas.--

25         (1)  The department may make investigations and

26  examinations within or outside this state of claims, reports,

27  and other records within or outside this state as it deems

28  necessary to administer and enforce the provisions of this

29  chapter. In such investigations and examinations the

30  department may administer oaths, examine witnesses, issue

31  subpoenas, and otherwise gather evidence. The department may

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 1  request any person who has not filed a report under s. 717.117

 2  to file a verified report stating whether or not the person is

 3  holding any unclaimed property reportable or deliverable under

 4  this chapter.

 5         (6)  If an investigation or an examination of the

 6  records of any person results in the disclosure of property

 7  reportable and deliverable under this chapter, the department

 8  may assess the cost of investigation or the examination

 9  against the holder at the rate of $100 per 8-hour day for each

10  per investigator or examiner. Such fee shall be calculated on

11  an hourly basis and shall be rounded to the nearest hour. The

12  person shall also pay the travel expense and per diem

13  subsistence allowance provided for state employees in s.

14  112.061. The person shall not be required to pay a per diem

15  fee and expenses of an examination or investigation which

16  shall consume more than 30 worker-days in any one year unless

17  such examination or investigation is due to fraudulent

18  practices of the person, in which case such person shall be

19  required to pay the entire cost regardless of time consumed.

20  The fee shall be remitted to the department within 30 days

21  after the date of the notification that the fee is due and

22  owing. Any person who fails to pay the fee within 30 days

23  after the date of the notification that the fee is due and

24  owing shall pay to the department interest at the rate of 12

25  percent per annum on such fee from the date of the

26  notification.

27         Section 23.  Subsection (2) of section 717.1315,

28  Florida Statutes, is amended to read:

29         717.1315  Retention of records by owner's

30  representative.--

31  

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 1         (2)  An owner's representative, operating at two or

 2  more places of business in this state, may maintain the books,

 3  accounts, and records of all such offices at any one of such

 4  offices, or at any other office maintained by such owner's

 5  representative, upon the filing of a written notice with the

 6  department designating in the written notice the office at

 7  which such records are maintained.

 8         (3)  An However, the owner's representative shall make

 9  all books, accounts, and records available at a convenient

10  location in this state upon request of the department.

11         Section 24.  Subsection (2) of section 717.132, Florida

12  Statutes, is amended to read:

13         717.132  Enforcement; cease and desist orders;

14  administrative fines.--

15         (2)  In addition to any other powers conferred upon it

16  to enforce and administer the provisions of this chapter, the

17  department may issue and serve upon a person an order to cease

18  and desist and to take corrective action whenever the

19  department finds that such person is violating, has violated,

20  or is about to violate any provision of this chapter, any rule

21  or order promulgated under this chapter, or any written

22  agreement entered into with the department. For purposes of

23  this subsection, the term "corrective action" includes

24  refunding excessive charges, requiring a person to return

25  unclaimed property, requiring a holder to remit unclaimed

26  property, and requiring a holder to correct a report that

27  contains errors or omissions. Any such order shall contain a

28  notice of rights provided by ss. 120.569 and 120.57.

29         Section 25.  Section 717.1322, Florida Statutes, is

30  created to read:

31         717.1322  Grounds for disciplinary action.--

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 1         (1)  The following acts are violations of this chapter

 2  and constitute grounds for the disciplinary actions specified

 3  in subsection (2):

 4         (a)  Failure to comply with any provision of this

 5  chapter, any rule or order adopted pursuant to this chapter,

 6  or any written agreement entered into with the department.

 7         (b)  Fraud, misrepresentation, deceit, or gross

 8  negligence in any matter within the jurisdiction of the

 9  department.

10         (c)  Fraudulent misrepresentation, circumvention, or

11  concealment of any matter required to be stated or furnished

12  to an owner or apparent owner pursuant to this chapter,

13  regardless of reliance by or damage to the owner or apparent

14  owner.

15         (d)  Imposition of illegal or excessive charges in any

16  unclaimed property transaction.

17         (e)  False, deceptive, or misleading solicitation or

18  advertising.

19         (f)  Failure to maintain, preserve, and keep available

20  for examination, all books, accounts, or other documents

21  required by this chapter, by any rule or order adopted

22  pursuant to this chapter, or by any agreement entered into

23  with the department.

24         (g)  Refusal to permit inspection of books and records

25  in an investigation or examination by the department or

26  refusal to comply with a subpoena issued by the department.

27         (h)  Criminal conduct in the course of a person's

28  business.

29         (i)  Failure to timely pay any fee, charge, or fine

30  imposed or assessed pursuant to this chapter or any rule

31  adopted under this chapter.

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 1         (j)  For compensation or gain or in the expectation of

 2  compensation or gain, filing a claim for unclaimed property

 3  owned by another unless such person is a registered attorney

 4  licensed to practice law in this state, registered

 5  Florida-certified public accountant, or a registered private

 6  investigator licensed under chapter 493. This subsection shall

 7  not apply to a person who has been granted a durable power of

 8  attorney to convey and receive all of the real and personal

 9  property of the owner, is the court-appointed guardian of the

10  owner, has been employed as an attorney or qualified

11  representative to contest the department's denial of a claim,

12  or has been employed as an attorney to probate the estate of

13  the owner or an heir or legatee of the owner.

14         (k)  Commission of fraud, misrepresentation,

15  concealment, dishonest dealing by trick, scheme, or device,

16  culpable negligence, or breach of trust in any business

17  transaction in any state, nation, or territory; or aiding,

18  assisting, or conspiring with any other person engaged in any

19  such misconduct and in furtherance thereof.

20         (l)  Failing to authorize the release of records in the

21  possession of a third party after being requested to do so by

22  the department regarding a pending examination or

23  investigation.

24         (m)  Receiving or soliciting consideration to be paid

25  in advance of the approval of a claim under this chapter.

26         (2)  Upon a finding by the department that any person

27  has committed any of the acts set forth in subsection (1), the

28  department may enter an order:

29         (a)  Denying a registration pursuant to this chapter

30  based on an act that occurred before, on or after the

31  effective date of this section;

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 1         (b)  Revoking or suspending a registration previously

 2  granted pursuant to this chapter;

 3         (c)  Placing a registrant or an applicant for a

 4  registration on probation for a period of time and subject to

 5  such conditions as the department may specify;

 6         (d)  Placing permanent restrictions or conditions upon

 7  issuance or maintenance of a registration pursuant to this

 8  chapter;

 9         (e)  Issuing a reprimand;

10         (f)  Imposing an administrative fine not to exceed

11  $2,000 for each such act; or

12         (g)  Prohibiting any person from being an agent,

13  employee, or ultimate equitable owner of the registrant's

14  employer.

15         (3)  In addition to the acts specified in subsection

16  (1), the following shall be grounds for revocation,

17  suspension, or restriction of a registration previously

18  granted:

19         (a)  A material misstatement of fact in an application

20  for a registration;

21         (b)  Having a license, registration, or the equivalent,

22  to practice any profession or occupation denied, suspended,

23  revoked, or otherwise acted against by a licensing authority

24  in any jurisdiction for fraud, dishonest dealing, or any act

25  of moral turpitude;

26         (c)  Pleading nolo contendere to, or having been

27  convicted or found guilty of, a crime involving fraud,

28  dishonest dealing, or any act of moral turpitude, regardless

29  of whether adjudication is withheld; or

30         (d)  Being insolvent or having a demonstrated lack of

31  honesty or financial responsibility.

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 1         (4)  A person is subject to the disciplinary actions

 2  specified in subsection (2) for violations of subsection (1)

 3  by an agent or employee of such person.

 4         (5)  A person who has designated an agent or employee

 5  to act on his or her behalf is subject to the disciplinary

 6  actions specified in subsection (2) for violations of

 7  subsection (1) by a designated agent or designated employee.

 8         Section 26.  Section 717.1331, Florida Statutes, is

 9  created to read:

10         717.1331  Actions against holders.--The department may

11  initiate, or cause to be initiated, an action against a holder

12  to recover unclaimed property. If the department prevails in a

13  civil or administrative action to recover unclaimed property

14  initiated by or on behalf of the department, the holder shall

15  be ordered to pay the department reasonable costs and

16  attorney's fees.

17         Section 27.  Section 717.1333, Florida Statutes, is

18  created to read:

19         717.1333  Evidence; audit reports; examiner's

20  worksheets, investigative reports, other related

21  documents.--In any proceeding under s. 120.569 or s. 120.57 in

22  which an auditor, examiner, or investigator acting under

23  authority of this chapter is available for cross-examination,

24  any official written report, worksheet, or other related

25  paper, or copy thereof, compiled, prepared, drafted, or

26  otherwise made or received by the auditor, examiner, or

27  investigator, after being duly authenticated by the auditor,

28  examiner, or investigator, may be admitted as competent

29  evidence upon the oath of the auditor, examiner, or

30  investigator that the report, worksheet, or related paper was

31  prepared or received as a result of an audit, examination, or

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 1  investigation of the books and records of the person audited,

 2  examined, or investigated, or the agent thereof.

 3         Section 28.  Subsection (5) is added to section

 4  717.134, Florida Statutes, to read:

 5         717.134  Penalties and interest.--

 6         (5)  The department may impose and collect a penalty of

 7  $500 per day up to a maximum of $5,000 and 25 percent of the

 8  value of property willfully not reported with all of the

 9  information required by this chapter. Upon a holder's showing

10  of good cause, the department may waive the penalty or any

11  portion thereof. If the holder acted in good faith and without

12  negligence, the department shall waive the penalty provided

13  herein.

14         Section 29.  Section 717.1341, Florida Statutes, is

15  created to read:

16         717.1341  Invalid claims, recovery of property,

17  interest and penalties.--

18         (1)(a)  No person shall receive unclaimed property that

19  the person is not entitled to receive. Any person who

20  receives, or assists another person to receive, unclaimed

21  property that the person is not entitled to receive is

22  strictly, jointly, personally, and severally liable for the

23  unclaimed property and shall immediately return the property,

24  or the reasonable value of the property if the property has

25  been damaged or disposed of, to the department plus interest

26  at the rate set annually in accordance with s. 55.03(1).

27  Assisting another person to receive unclaimed property

28  includes executing a claim form on the person's behalf.

29         (b)1.  In the case of stocks or bonds which have been

30  sold, the proceeds from the sale shall be returned to the

31  department plus any dividends or interest received thereon

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 1  plus an amount equal to the brokerage fee plus interest at a

 2  rate set annually in accordance with s. 55.03(1) on the

 3  proceeds from the sale of the stocks or bonds, the dividends

 4  or interest received, and the brokerage fee.

 5         2.  In the case of stocks or bonds which have not been

 6  sold, the stocks or bonds and any dividends or interest

 7  received thereon shall be returned to the department, together

 8  with interest on the dividends or interest received, at a rate

 9  set annually in accordance with s. 55.03(1) of the value of

10  the property.

11         (2)  The department may maintain a civil or

12  administrative action:

13         (a)  To recover unclaimed property that was paid or

14  remitted to a person who was not entitled to the unclaimed

15  property or to offset amounts owed to the department against

16  amounts owed to an owner representative;

17         (b)  Against a person who assists another person in

18  receiving, or attempting to receive, unclaimed property that

19  the person is not entitled to receive; or

20         (c)  Against a person who attempts to receive unclaimed

21  property that the person is not entitled to receive.

22         (3)  If the department prevails in any proceeding under

23  subsection (2), a fine not to exceed three times the value of

24  the property received or sought to be received may be imposed

25  on any person who knowingly, or with reckless disregard or

26  deliberate ignorance of the truth, violated this section. If

27  the department prevails in a civil or administrative

28  proceeding under subsection (2), the person who violated

29  subsection (1) shall be ordered to pay the department

30  reasonable costs and attorney's fees.

31  

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 1         (4)  No person shall knowingly file, knowingly conspire

 2  to file, or knowingly assist in filing, a claim for unclaimed

 3  property the person is not entitled to receive. Any person who

 4  violates this subsection regarding unclaimed property of an

 5  aggregate value:

 6         (a)  Greater than $50,000, is guilty of a felony of the

 7  first degree, punishable as provided in s. 775.082, s.

 8  775.083, or s. 775.084;

 9         (b)  Greater than $10,000 up to $50,000, is guilty of a

10  felony of the second degree, punishable as provided in s.

11  775.082, s. 775.083, or s. 775.084;

12         (c)  Greater than $250 up to $10,000, is guilty of a

13  felony of the third degree, punishable as provided in s.

14  775.082, s. 775.083, or s. 775.084;

15         (d)  Greater than $50 up to $250, is guilty of a

16  misdemeanor of the first degree, punishable as provided in s.

17  775.082 or s. 775.083; or

18         (e)  Up to $50, is guilty of a misdemeanor of the

19  second degree, punishable as provided in s. 775.082 or s.

20  775.083.

21         Section 30.  Section 717.135, Florida Statutes, is

22  amended to read:

23         717.135  Agreement to recover locate reported property

24  in the custody of the department.--

25         (1)  All agreements between a claimant's an owner's

26  representative and a claimant an owner for compensation to

27  recover or assist in the recovery of property reported to the

28  department under s. 717.117 shall be in 11-point type or

29  greater and either:

30         (a)  Limit the fees and costs for services for each

31  owner contract to $25 for all contracts relating to unclaimed

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 1  property with a dollar value below $250. For all contracts

 2  relating to unclaimed property with a dollar value of $250 and

 3  above, fees shall be limited to 20 15 percent per unclaimed on

 4  property account held by the department for 24 months or less

 5  and 25 percent on property held by the department for more

 6  than 24 months. Fees and costs for cash accounts shall be

 7  based on the value of the property at the time the agreement

 8  for recovery is signed by the claimant apparent owner. Fees

 9  and costs for accounts containing securities or other

10  intangible ownership interests, which securities or interests

11  are not converted to cash, shall be based on the purchase

12  price of the security as quoted on a national exchange or

13  other market on which the property ownership interest is

14  regularly traded at the time the securities or other ownership

15  interest is remitted to the claimant owner or the claimant's

16  owner's representative. Fees and costs for tangible property

17  or safe-deposit box accounts shall be based on the value of

18  the tangible property or contents of the safe-deposit box at

19  the time the ownership interest is transferred or remitted to

20  the claimant owner or the owner's representative; or

21         (b)  Disclose, on such form as the department shall

22  prescribe by rule, that the property is held by the Bureau of

23  Unclaimed Property of the Department of Financial Services

24  pursuant to this chapter, the person or name of the entity

25  that held the property prior to the property becoming

26  unclaimed, the date of the holder's last contact with the

27  owner, if known, and the approximate value of the property,

28  and identify which of the following categories of unclaimed

29  property the owner's representative is seeking to recover, as

30  reported by the holder:

31         1.  Cash accounts.

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 1         2.  Stale dated checks.

 2         3.  Life insurance or annuity contract assets.

 3         4.  Utility deposits.

 4         5.  Securities or other interests in business

 5  associations.

 6         6.  Wages.

 7         7.  Accounts receivable.

 8         8.  Contents of safe-deposit boxes.

 9  

10  Such disclosure shall be on a page signed and dated by the

11  person asserting entitlement to the unclaimed property.

12  However, paragraph (1)(a) or (b) this section shall not apply

13  if probate proceedings must be initiated on behalf of the

14  claimant for an estate that has never been probated to

15  contracts made in connection with guardianship proceedings or

16  the probate of an estate.

17         (2)(a)  Agreements for recovery of cash accounts shall

18  state the value of the unclaimed property, the unclaimed

19  property account number, and the percentage dollar value of

20  the unclaimed property account to be paid to the claimant

21  owner and shall also state the percentage dollar value of

22  compensation to be paid to the claimant's owner's

23  representative.

24         (b)  Agreements for recovery of accounts containing

25  securities, safe-deposit box accounts, other intangible or

26  tangible ownership interests, or other types of accounts,

27  except cash accounts, shall state the unclaimed property

28  account number, the number of shares of stock, if applicable,

29  the approximate value of the unclaimed property, and the

30  percentage value of compensation to be paid to the claimant's

31  owner's representative.

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 1         (c)  All disclosures and agreements shall include the

 2  name, address, and professional license number of the

 3  claimant's owner's representative, and, if available, the

 4  taxpayer identification number or social security number,

 5  address, and telephone number of the claimant owner. The

 6  original of all such disclosures and agreements to pay

 7  compensation shall be signed and dated by the claimant owner

 8  of the property and shall be filed by the owner's

 9  representative with the claim form.

10         (d)  All agreements between a claimant's representative

11  and a claimant, who is a natural person, trust, or a dissolved

12  corporation, for compensation to recover or assist in the

13  recovery of property reported to the department under s.

14  717.117 must use the following form on 8 and 1/2 inch by 11

15  inch paper or on 8 and 1/2 inch by 14 inch paper with all of

16  the text on one side of the paper and with the other side of

17  the paper left blank; except that, at the option of the owner

18  representative, the department disclosure form may be placed

19  on the reverse side of the agreement. The agreement must be

20  accurately completed and executed. No other writing or

21  information shall be printed on the agreement. The title of

22  the agreement shall be in bold 14-point type and underlined.

23  The rest of the agreement shall be in 10-point type or

24  greater. All unclaimed property accounts claimed must be

25  identified on the agreement. The agreement must state:

26                        RECOVERY AGREEMENT

27  $__________= APPROXIMATE DOLLAR VALUE OF UNCLAIMED PROPERTY

28  NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF

29  APPLICABLE):________

30  PROPERTY ACCOUNT NUMBERS:____________________

31  

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 1  __________PERCENT TO BE PAID AS COMPENSATION TO THE CLAIMANT'S

 2  REPRESENTATIVE

 3  $__________= NET AMOUNT TO BE PAID TO CLAIMANT

 4  $__________= AMOUNT TO BE PAID TO CLAIMANT'S REPRESENTATIVE

 5  

 6  

 7  THIS AGREEMENT is between:

 8  _____________________________________________________________

 9                     (hereinafter, CLAIMANT)

10  and__________________________________________________________

11             (hereinafter, CLAIMANT'S REPRESENTATIVE)

12  who agree to the following:

13         (1)  As consideration for the research efforts in

14  locating and identifying assets due to the CLAIMANT and for

15  assistance in procuring payment of the assets to the CLAIMANT,

16  the CLAIMANT authorizes the government to pay to the

17  CLAIMANT'S REPRESENTATIVE a fee of__________percent of all

18  assets recovered. NO FEES ARE TO BE PAID IN ADVANCE.

19         (2)  I have read this agreement and in consideration

20  thereof, do hereby grant the CLAIMANT'S REPRESENTATIVE a

21  limited power of attorney to demand, collect, recover and

22  receive the above compensation from the government in

23  accordance with this agreement.

24         (3)  IT IS HEREBY ACKNOWLEDGED BY ALL PARTIES TO THIS

25  AGREEMENT THAT UNLESS THESE ASSETS ARE RECOVERED, NO FEES, NO

26  COSTS OR CHARGES ARE DUE TO THE CLAIMANT'S REPRESENTATIVE, ITS

27  AGENTS OR ATTORNEYS, AND THIS AGREEMENT WILL BECOME NULL AND

28  VOID.

29  Original Signature of CLAIMANT:______________________________

30  DATE:__________________________

31  CLAIMANT'S Social Security Number or FEID number:____________

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 1  Make the CLAIMANT'S check payable to:________________________

 2  Mail check to this address:__________________________________

 3  _____________________________________________________________

 4  The CLAIMANT'S telephone number is:__________________________

 5  Original Signature of CLAIMANT'S REPRESENTATIVE:_____________

 6  FEID Number of CLAIMANT'S REPRESENTATIVE:____________________

 7  DATE:________________________

 8  Address of CLAIMANT'S REPRESENTATIVE:________________________

 9  _____________________________________________________________

10  Telephone number of CLAIMANT'S REPRESENTATIVE:_______________

11  Professional license number of CLAIMANT'S REPRESENTATIVE:

12  ____________________

13         (3)  As used in this section, "claimant" means the

14  person on whose behalf a claim is filed.

15         (4)  This section does not supersede the licensing

16  requirements of chapter 493.

17         Section 31.  Section 717.1351, Florida Statutes, is

18  created to read:

19         717.1351  Acquisition of unclaimed property.--

20         (1)  A person desiring to acquire ownership or

21  entitlement of property reported to the department under s.

22  717.117 must be an attorney licensed to practice law in this

23  state, a licensed Florida-certified public accountant, a

24  private investigator licensed under chapter 493, or an

25  employer of a licensed private investigator which employer

26  possesses a Class "A" license under chapter 493 and must be

27  registered with the department under this chapter.

28         (2)  All contracts to acquire ownership or entitlement

29  of unclaimed property from the person or persons entitled to

30  the unclaimed property must be in 10-point type or greater and

31  must:

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 1         (a)  Have a purchase price that discounts the value of

 2  the unclaimed property at the time the agreement is executed

 3  by the seller at no greater than 20 percent per account held

 4  by the department; or

 5         (b)  Disclose, on such form as the department shall

 6  prescribe by rule, that the property is held by the Bureau of

 7  Unclaimed Property of the Department of Financial Services

 8  pursuant to this chapter, the person or name of the entity

 9  that held the property prior to the property becoming

10  unclaimed, the date of the holder's last contact with the

11  owner, if known, and the approximate value of the property,

12  and identify which of the following categories of unclaimed

13  property buyer is seeking to purchase as reported by the

14  holder:

15         1.  Cash accounts.

16         2.  Stale dated checks.

17         3.  Life insurance or annuity contract assets.

18         4.  Utility deposits.

19         5. Securities or other interests in business

20  associations.

21         6.  Wages.

22         7.  Accounts receivable.

23         8.  Contents of safe-deposit boxes.

24         Such disclosure shall be on a page signed and dated by

25  the seller of the unclaimed property.

26         (3)  The originals of all such disclosures and

27  agreements to transfer ownership or entitlement to unclaimed

28  property shall be signed and dated by the seller and shall be

29  filed with the claim form. The claimant shall provide the

30  department with a legible copy of a valid driver's license of

31  the seller at the time the original claim form is filed. If a

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 1  seller has not been issued a valid driver's license at the

 2  time the original claim form is filed, the department shall be

 3  provided with a legible copy of a photographic identification

 4  of the seller issued by the United States or a foreign nation,

 5  a state or territory of the United States or foreign nation,

 6  or a political subdivision of agency thereof. If a claim is

 7  filed without the required identification with the original

 8  claim form and the original agreement to acquire ownership or

 9  entitlement to the unclaimed property, the claim is void.

10         (4)  Any contract to acquire ownership or entitlement

11  of unclaimed property from the person or persons entitled to

12  the unclaimed property must provide for the purchase price to

13  be remitted to the seller or sellers within 10 days after the

14  execution of the contract by the seller or sellers. The

15  contract must specify the unclaimed property account number,

16  the value of the unclaimed property account, and the number of

17  shares of stock, if applicable. Proof of payment by check must

18  be filed with the department with the claim.

19         (5)  All agreements to purchase unclaimed property from

20  an owner, who is a natural person, a trust, or a dissolved

21  corporation must use the following form on 8 and 1/2 inch by

22  11 inch paper or on 8 and 1/2 inch by 14 inch paper with all

23  of the text on one side of the paper and with the other side

24  of the paper left blank; except that, at the option of the

25  owner representative, the department disclosure form may be

26  placed on the reverse side of the agreement. The agreement

27  must be accurately completed and executed. No other writing or

28  information shall be printed on the agreement. The title of

29  the agreement shall be in bold 14-point type and underlined.

30  The rest of the agreement shall be in 10-point type or

31  

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 1  greater. All unclaimed property accounts to be purchased must

 2  be identified on the agreement. The agreement must state:

 3                        PURCHASE AGREEMENT

 4  $__________= APPROXIMATE DOLLAR VALUE OF THE UNCLAIMED

 5  PROPERTY

 6  PROPERTY ACCOUNT NUMBER(S):____________________

 7  NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF

 8  APPLICABLE):________

 9  __________PERCENT OF UNCLAIMED PROPERTY TO BE PAID TO THE

10  BUYER

11  $__________= NET AMOUNT TO BE PAID TO OWNER

12  $__________= AMOUNT TO BE PAID TO BUYER

13  THIS AGREEMENT is between:

14  _____________________________________________________________

15                       (hereinafter, OWNER)

16  and_________________________________________________________ 

17                       (hereinafter, BUYER)

18  who agree that the OWNER transfers to the BUYER for a purchase

19  price of $________all rights to the above identified unclaimed

20  property accounts.

21  Original Signature of OWNER:____________________DATE:________

22  OWNER'S Social Security Number or FEID number:_______________

23  Within 10 days after the execution of this Purchase Agreement

24  by the Owner, Buyer shall remit the OWNER'S check payable to:

25  _____________________________________________________________

26  Mail check to this address:__________________________________

27  _____________________________________________________________

28  _____________________________________________________________

29  The OWNER'S telephone number is:_____________________________

30  Original Signature of BUYER:_________________________________

31  FEID Number of BUYER:___________________________DATE:________

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 1  Address of BUYER:____________________________________________

 2  _____________________________________________________________

 3  Telephone number of BUYER: __________________________________

 4  Professional license number of BUYER:________________________

 5         (6)  This section does not supersede the licensing

 6  requirements of chapter 493.

 7         Section 32.  Section 717.1400, Florida Statutes, is

 8  created to read:

 9         717.1400  Registration.--

10         (1)  A private investigator holding a Class " C"

11  individual license under chapter 493 must register with the

12  department on such form as the department shall prescribe by

13  rule, and verified by the applicant. To register with the

14  department, a private investigator must provide:

15         (a)  A legible copy of the applicant's Class "A"

16  business license under chapter 493 or that of the applicant's

17  employer which holds a Class "A" business license under

18  chapter 493.

19         (b)  A legible copy of the applicant's Class "C"

20  individual license issued under chapter 493.

21         (c)  The applicant's business address and telephone

22  number.

23         (d)  The names of agents or employees, if any, who are

24  designated to act on behalf of the private investigator

25  together with a legible copy of their photo-identification

26  issued by an agency of the United States, or a state, or a

27  political subdivision thereof.

28         (e)  Sufficient information to enable the department to

29  disburse funds by electronic funds transfer.

30  

31  

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 1         (f)  The tax identification number of the private

 2  investigator's employer which holds a Class "A" business

 3  license under chapter 493.

 4         (2)  A Florida-certified public accountant must

 5  register with the department on such form as the department

 6  shall prescribe by rule, and must be verified by the

 7  applicant. To register with the department a Florida-certified

 8  public accountant must provide:

 9         (a)  The applicant's Florida Board of Accountancy

10  number.

11         (b)  A legible copy of the applicant's current driver's

12  license showing the full name and current address of such

13  person. If a current driver's license is not available,

14  another form of identification showing full name and current

15  address of such person or persons shall be filed with the

16  department.

17         (c)  The applicant's business address and telephone

18  number.

19         (d)  The names of agents or employees, if any, who are

20  designated to act on behalf of the Florida-certified public

21  accountant together with a legible copy of their

22  photo-identification issued by an agency of the United States,

23  or a state, or a political subdivision thereof.

24         (e)  Sufficient information to enable the department to

25  disburse funds by electronic funds transfer.

26         (f)  The tax identification number of the accountant's

27  public accounting firm employer.

28         (3)  An attorney licensed to practice in this state

29  must register with the department on such form as the

30  department shall prescribe by rule, and must be verified by

31  

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 1  the applicant. To register with the department, such attorney

 2  must provide:

 3         (a)  The applicant's Florida Bar number.

 4         (b)  A legible copy of the applicant's current driver's

 5  license showing the full name and current address of such

 6  person. If a current driver's license is not available,

 7  another form of identification showing full name and current

 8  address of such person or persons shall be filed with the

 9  department.

10         (c)  The applicant's business address and telephone

11  number.

12         (d)  The names of agents or employees, if any, who are

13  designated to act on behalf of the attorney, together with a

14  legible copy of their photo-identification issued by an agency

15  of the United States, or a state, or a political subdivision

16  thereof.

17         (e)  Sufficient information to enable the department to

18  disburse funds by electronic funds transfer.

19         (f)  The tax identification number of the lawyer's

20  employer law firm.

21         (4)  Information and documents already on file with the

22  department prior to the effective date of this provision need

23  not be resubmitted in order to complete the registration.

24         (5)  If a material change in the status of a

25  registration occurs, a registrant must within 15 days provide

26  the department with the updated documentation and information

27  in writing. Material changes include, but are not limited to,

28  a designated agent or employee ceasing to act on behalf of the

29  designating person, a surrender, suspension, or revocation of

30  a license, or a license renewal.

31  

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 1         (a)  If a designated agent or employee ceases to act on

 2  behalf of the person who has designated the agent or employee

 3  to act on such person's behalf, the designating person must

 4  within 15 days inform the Bureau of Unclaimed Property in

 5  writing of the termination of agency or employment.

 6         (b)  If a registrant surrenders the registrant's

 7  license or the license is suspended or revoked, the registrant

 8  must within 15 days inform the bureau in writing of the

 9  surrender, suspension, or revocation.

10         (c)  If a private investigator's Class "C" individual

11  license under chapter 493, or if a private investigator's

12  employer's Class "A" business license under chapter 493, is

13  renewed, the private investigator must provide a copy of the

14  renewed license to the department within 30 days after the

15  receipt of the renewed license by the private investigator or

16  the private investigator's employer.

17         (6)  It is a ground for denial of registration if the

18  applicant has committed any violation specified in ss.

19  717.001-717.1401 or has pending against her or him any

20  criminal prosecution or administrative enforcement action, in

21  any jurisdiction, which alleges fraud, dishonest dealing, or

22  any other act of moral turpitude.

23         (7)  Any registration made under this section by any

24  person based upon the presentation by such person of

25  inaccurate or false information material to such registration

26  is void. The registration shall be reinstated once the

27  department has been provided the correct information in

28  writing.

29         (8)  Any registration made under this section is void

30  if the person fails to timely report a material change in the

31  status of a registration to the department. The registration

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 1  shall be reinstated after the department has been notified in

 2  writing of the material change.

 3         (9)  Any registration made under this section is void

 4  if the person has had a license, registration, or the

 5  equivalent, to practice any profession or occupation denied,

 6  suspended, revoked, or otherwise acted against by a licensing

 7  authority in any jurisdiction for theft, fraud,

 8  misrepresentation, dishonest dealing, or any act of moral

 9  turpitude, unless the effect of the suspension or revocation

10  has been stayed.

11         (10)  Any registration made under this section is void

12  if the person has plead nolo contendere to, or has been

13  convicted or found guilty of, a crime involving theft, fraud,

14  misrepresentation, dishonest dealing, or any act of moral

15  turpitude, regardless of whether adjudication is withheld.

16         (11)  No registrant or applicant for registration may

17  have a name that might lead another person to conclude that

18  the registrant is affiliated or associated with the United

19  States or any agency thereof, or a state or an agency or

20  political subdivision of a state. The department shall deny an

21  application for registration or revoke a registration if the

22  applicant or registrant has a name that might lead another

23  person to conclude that the applicant or registrant is

24  affiliated or associated with the United States or an agency

25  thereof, or a state or an agency or political subdivision of a

26  state. Names that might lead another person to conclude that

27  the applicant or registrant is affiliated or associated with

28  the United States or an agency thereof, or a state or an

29  agency or political subdivision of a state, include, but are

30  not limited to, the use of the words United States, Florida,

31  state, bureau, division, department, or government.

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 1         (12)(a)  The department shall deny an application of

 2  any person who assisted another person to receive unclaimed

 3  property that the person was not entitled to receive in the

 4  aggregate amount of greater than $50,000 during a 5-year

 5  period or if the applicant has an agent, employee, or ultimate

 6  equitable owner who assisted another person to receive

 7  unclaimed property that the person was not entitled to receive

 8  in the aggregate amount of greater than $50,000 during a

 9  5-year period. Assisting another person to receive unclaimed

10  property includes executing a claim form on the person's

11  behalf.

12         (b)  This subsection does not apply if the applicant

13  has remitted to the department all funds paid by the

14  department when the applicant, or an agent, employee, or

15  ultimate equitable owner thereof, assisted another person to

16  receive unclaimed property that the person was not entitled to

17  receive.

18         (13)  Any person having a registration file with the

19  department as of the effective date of this act may continue

20  to file claims prior to either the issuance of a registration

21  by the department or proposed agency action to deny the

22  application.

23         Section 33.  Subsection (2) of section 212.02, Florida

24  Statutes, is amended to read:

25         212.02  Definitions.--The following terms and phrases

26  when used in this chapter have the meanings ascribed to them

27  in this section, except where the context clearly indicates a

28  different meaning:

29         (2)  "Business" means any activity engaged in by any

30  person, or caused to be engaged in by him or her, with the

31  object of private or public gain, benefit, or advantage,

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 1  either direct or indirect. Except for the sales of any

 2  aircraft, boat, mobile home, or motor vehicle, the term

 3  "business" shall not be construed in this chapter to include

 4  occasional or isolated sales or transactions involving

 5  tangible personal property or services by a person who does

 6  not hold himself or herself out as engaged in business or

 7  sales of unclaimed tangible personal property under s.

 8  717.122, but includes other charges for the sale or rental of

 9  tangible personal property, sales of services taxable under

10  this chapter, sales of or charges of admission, communication

11  services, all rentals and leases of living quarters, other

12  than low-rent housing operated under chapter 421, sleeping or

13  housekeeping accommodations in hotels, apartment houses,

14  roominghouses, tourist or trailer camps, and all rentals of or

15  licenses in real property, other than low-rent housing

16  operated under chapter 421, all leases or rentals of or

17  licenses in parking lots or garages for motor vehicles,

18  docking or storage spaces for boats in boat docks or marinas

19  as defined in this chapter and made subject to a tax imposed

20  by this chapter. The term "business" shall not be construed in

21  this chapter to include the leasing, subleasing, or licensing

22  of real property by one corporation to another if all of the

23  stock of both such corporations is owned, directly or through

24  one or more wholly owned subsidiaries, by a common parent

25  corporation; the property was in use prior to July 1, 1989,

26  title to the property was transferred after July 1, 1988, and

27  before July 1, 1989, between members of an affiliated group,

28  as defined in s. 1504(a) of the Internal Revenue Code of 1986,

29  which group included both such corporations and there is no

30  substantial change in the use of the property following the

31  transfer of title; the leasing, subleasing, or licensing of

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 1  the property was required by an unrelated lender as a

 2  condition of providing financing to one or more members of the

 3  affiliated group; and the corporation to which the property is

 4  leased, subleased, or licensed had sales subject to the tax

 5  imposed by this chapter of not less than $667 million during

 6  the most recent 12-month period ended June 30. Any tax on such

 7  sales, charges, rentals, admissions, or other transactions

 8  made subject to the tax imposed by this chapter shall be

 9  collected by the state, county, municipality, any political

10  subdivision, agency, bureau, or department, or other state or

11  local governmental instrumentality in the same manner as other

12  dealers, unless specifically exempted by this chapter.

13         Section 34.  Subsection (4) of section 322.142, Florida

14  Statutes, is amended to read:

15         322.142  Color photographic or digital imaged

16  licenses.--

17         (4)  The department may maintain a film negative or

18  print file. The department shall maintain a record of the

19  digital image and signature of the licensees, together with

20  other data required by the department for identification and

21  retrieval. Reproductions from the file or digital record shall

22  be made and issued only for departmental administrative

23  purposes, for the issuance of duplicate licenses, in response

24  to law enforcement agency requests, or to the Department of

25  Revenue pursuant to an interagency agreement to facilitate

26  service of process in Title IV-D cases, or to the Department

27  of Financial Services pursuant to an interagency agreement to

28  facilitate the location of owners of unclaimed property, the

29  validation of unclaimed property claims, and the

30  identification of fraudulent or false claims, and are exempt

31  from the provisions of s. 119.07(1).

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 1         Section 35.  Paragraph (l) is added to subsection (4)

 2  of section 395.3025, Florida Statutes, and subsection (10) of

 3  that section is amended, to read:

 4         395.3025  Patient and personnel records; copies;

 5  examination.--

 6         (4)  Patient records are confidential and must not be

 7  disclosed without the consent of the person to whom they

 8  pertain, but appropriate disclosure may be made without such

 9  consent to:

10         (l)  The Department of Financial Services, or an agent,

11  employee, or independent contractor of the department who is

12  auditing for unclaimed property pursuant to chapter 717.

13         (10)  The home addresses, telephone numbers, social

14  security numbers, and photographs of employees of any licensed

15  facility who provide direct patient care or security services;

16  the home addresses, telephone numbers, social security

17  numbers, photographs, and places of employment of the spouses

18  and children of such persons; and the names and locations of

19  schools and day care facilities attended by the children of

20  such persons are confidential and exempt from s. 119.07(1) and

21  s. 24(a), Art. I of the State Constitution. However, any state

22  or federal agency that is authorized to have access to such

23  information by any provision of law shall be granted such

24  access in the furtherance of its statutory duties,

25  notwithstanding the provisions of this subsection. The

26  Department of Financial Services, or an agent, employee, or

27  independent contractor of the department who is auditing for

28  unclaimed property pursuant to chapter 717, shall be granted

29  access to the name, address, and social security number of any

30  employee owed unclaimed property. This subsection is subject

31  to the Open Government Sunset Review Act of 1995 in accordance

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 1  with s. 119.15, and shall stand repealed on October 2, 2004,

 2  unless reviewed and saved from repeal through reenactment by

 3  the Legislature.

 4         Section 36.  This act shall take effect October 1,

 5  2004.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                         Senate Bill 2288

 9                                 

10  Eliminates the net worth and surety bond requirements for an
    attorney, certified public accountant, or private investigator
11  to be registered with the Department of Financial Services
    under ch. 717, F.S.
12  
    States that the fee caps placed on a claimant's representative
13  for the recovery of property do not apply if probate
    proceedings must be initiated on behalf of the claimant for an
14  estate that has never been probated.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  54

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