October 22, 2020
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Senate Bill 2288

Senate Bill sb2288e1

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    CS for CS for SB 2288                          First Engrossed



  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         providing that certain intangible property is

16         exempt from being reported as unclaimed

17         property under certain conditions; amending s.

18         717.118, F.S.; providing requirements for

19         notification of apparent owners of unclaimed

20         property; amending s. 717.119, F.S.; revising

21         requirements for delivery of certain unclaimed

22         property; providing penalties for late

23         deliveries; amending s. 717.1201, F.S.;

24         revising certain holder payment and repayment

25         requirements; amending s. 717.122, F.S.;

26         revising certain public sale requirements;

27         authorizing the Department of Financial

28         Services to deduct certain auction fees, costs,

29         and expenses; prohibiting actions or

30         proceedings against the department for certain

31         decisions relating to auctions of unclaimed


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    CS for CS for SB 2288                          First Engrossed



 1         property; specifying that certain sales of

 2         unclaimed property are not subject to the sales

 3         tax; amending s. 717.123, F.S.; increasing a

 4         maximum amount of funds the department may

 5         retain from certain funds received; amending s.

 6         717.124, F.S.; providing additional

 7         requirements for filing unclaimed property

 8         claims; providing for the return or withdrawal

 9         of certain claims under certain circumstances;

10         specifying a time period for department

11         determination of claims; authorizing the

12         department to deny claims under certain

13         circumstances; specifying an exclusive remedy

14         for subsequent claimants; revising requirements

15         for a power of attorney; requiring direct

16         delivery of safe-deposit boxes under certain

17         circumstances; revising payment of fees and

18         costs requirements; creating s. 717.12403,

19         F.S.; providing presumptions for certain

20         unclaimed demand, savings, or checking accounts

21         in financial institutions with more than one

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

23         providing requirements for claims for property

24         reported in the name of an active or dissolved

25         corporation for which the last annual report is

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

27         providing requirements; for claims by estates;

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

29         requirements for remittance of property subject

30         to conflicting claims; amending s. 717.1242,

31         F.S.; clarifying legislative intent relating to


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    CS for CS for SB 2288                          First Engrossed



 1         filing certain claims; creating s. 717.1244,

 2         F.S.; providing criteria for department

 3         determinations of claims; amending s. 717.126,

 4         F.S.; providing a criterion for proof of

 5         entitlement; specifying venue in certain

 6         unclaimed property actions; creating s.

 7         717.1261, F.S.; requiring a death certificate

 8         in claiming entitlement to certain unclaimed

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

10         certain court documents in claiming entitlement

11         to certain unclaimed property; amending s.

12         717.1301, F.S.; revising certain fee and

13         expense requirements for investigations or

14         examinations; providing for interest on such

15         amounts under certain circumstances; amending

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

17         retention requirement for owner

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

19         specifying criteria for certain corrective

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

21         grounds for certain disciplinary actions;

22         providing for certain disciplinary actions;

23         providing penalties; authorizing the department

24         to adopt rules with regard to disciplinary

25         guidelines; creating s. 717.1331, F.S.;

26         providing for department actions against

27         certain lienholders under certain

28         circumstances; creating s. 717.1333, F.S.;

29         providing for admitting certain documents into

30         evidence in certain actions; amending s.

31         717.134, F.S.; authorizing the department to


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    CS for CS for SB 2288                          First Engrossed



 1         impose and collect penalties for failing to

 2         report certain information; authorizing the

 3         department waive such penalties under certain

 4         circumstances; creating s. 717.1341, F.S.;

 5         prohibiting receipt of unentitled unclaimed

 6         property; providing for liability for such

 7         property under certain circumstances;

 8         authorizing the department to maintain certain

 9         civil or administrative actions; providing for

10         fines, costs, and attorney fees; prohibiting

11         filing claims for unentitled unclaimed

12         property; providing criminal penalties;

13         amending s. 717.135, F.S.; revising

14         requirements for agreements to recover certain

15         property; providing an agreement form; creating

16         s. 717.1351, F.S.; providing requirements for

17         acquisition of unclaimed property by certain

18         persons; providing certain contract

19         requirements; providing a contract form;

20         creating s. 717.1400, F.S.; requiring certain

21         licensed persons to register with the

22         department for certain purposes; providing

23         registration requirements; providing for denial

24         of registration under certain circumstances;

25         providing registration limitations; amending s.

26         212.02, F.S.; revising a definition to conform;

27         amending ss. 322.142 and 395.3025, F.S.;

28         providing for disclosure of certain

29         confidential information to the department

30         under certain circumstances; amending s.

31         723.103, F.S.; authorizing the court, under


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    CS for CS for SB 2288                          First Engrossed



 1         specified conditions, to extend the right of

 2         succession to surviving heirs when the

 3         decedent's lineage cannot be fully documented

 4         because it includes a Holocaust victim;

 5         limiting the application of statutes of

 6         limitation under certain circumstances;

 7         defining the term "Holocaust victim"; providing

 8         an effective date.

 9  

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

11  

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

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

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

15  through (19), respectively, present subsection (19) is

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

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

18         717.101  Definitions.--As used in this chapter, unless

19  the context otherwise requires:

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

21  claim is filed.

22         (16)(15)  "Owner" means a depositor in the case of a

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

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

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

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

27  legal representative.

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

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

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

31  business organization, or any other form of business


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    CS for CS for SB 2288                          First Engrossed



 1  organization, regardless of whether such natural person owns

 2  or controls such ownership interest through one or more

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

 4  nominees, corporations, associations, partnerships, trusts,

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

 6  combination thereof.

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

 8  Statutes, are amended to read:

 9         717.106  Bank deposits and funds in financial

10  organizations.--

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

12  a banking or financial organization, including deposits that

13  are automatically renewable, and any funds paid toward the

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

15  other interest in a banking or financial organization is

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

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

18  or presented the passbook or other similar evidence of the

19  deposit for the crediting of interest;

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

21  banking or financial organization concerning the property;

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

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

24  banking or financial organization;

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

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

27  banking or financial organization communicates in writing with

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

29  presumed unclaimed under this subsection at the address to

30  which communications regarding the other property regularly

31  are sent; or


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    CS for CS for SB 2288                          First Engrossed



 1         (e)  Had another relationship with the banking or

 2  financial organization concerning which the owner has:

 3         1.  Communicated in writing with the banking or

 4  financial organization; or

 5         2.  Otherwise indicated an interest as evidenced by a

 6  memorandum or other record on file with the banking or

 7  financial organization and if the banking or financial

 8  organization communicates in writing with the owner with

 9  regard to the property that would otherwise be unclaimed under

10  this subsection at the address to which communications

11  regarding the other relationship regularly are sent; or

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

13  financial organization or a subsidiary of such banking or

14  financial organization, which was not returned as

15  undeliverable, in the ordinary course of business at the

16  address reflected in the banking or financial organization's

17  records.

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

19  Statutes, is amended to read:

20         717.107  Funds owing under life insurance policies.--

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

22  insurance policy or annuity contract which has matured or

23  terminated are presumed unclaimed if unclaimed for more than 5

24  years after the funds became due and payable as established

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

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

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

28  years. The amount presumed unclaimed shall include any amount

29  due and payable under s. 627.4615.

30         Section 4.  Section 717.109, Florida Statutes, is

31  amended to read:


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    CS for CS for SB 2288                          First Engrossed



 1         717.109  Refunds held by business associations.--Except

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

 3  or administrative agency, any sum that a business association

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

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

 6  after it became payable in accordance with the final

 7  determination or order providing for the refund, regardless of

 8  whether the final determination or order requires any person

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

10  unclaimed.

11         Section 5.  Section 717.116, Florida Statutes, is

12  amended to read:

13         717.116  Contents of safe-deposit box or other

14  safekeeping repository.--All tangible and intangible property

15  held by a banking or financial organization in a safe-deposit

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

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

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

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

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

21  expired are presumed unclaimed.

22         Section 6.  Subsections (1), (3), (4), and (7) of

23  section 717.117, Florida Statutes, are amended to read:

24         717.117  Report of unclaimed property.--

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

26  tangible or intangible, presumed unclaimed and subject to

27  custody as unclaimed property under this chapter shall report

28  to the department on such forms as the department may

29  prescribe by rule. In lieu of forms, a report identifying 25

30  or more different apparent owners must be submitted by the

31  holder may submit the required information via electronic


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    CS for CS for SB 2288                          First Engrossed



 1  medium as the department may prescribe by rule. The report

 2  must include:

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

 4  name, social security number or taxpayer identification

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

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

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

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

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

10  more held or owing under any life or endowment insurance

11  policy or annuity contract, the full name, taxpayer

12  identification number or social security number, date of

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

14  annuitant and of the beneficiary according to records of the

15  insurance company holding or owing the funds.

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

17  box or other safekeeping repository, a description of the

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

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

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

21  repository which consist of documents or writings of a private

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

23  presumed unclaimed.

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

25  description of the property and the amount appearing from the

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

27  reported in the aggregate.

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

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

30  apparent owner with respect to the property.

31  


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    CS for CS for SB 2288                          First Engrossed



 1         (f)  Any person or business association or public

 2  corporation entity holding funds presumed unclaimed and having

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

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

 5  new reporting period is zero.

 6         (g)  Such other information as the department may

 7  prescribe by rule as necessary for the administration of this

 8  chapter.

 9         (h)  Credit balances, customer overpayments, security

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

11  not be presumed unclaimed.

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

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

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

15  date, the holder shall pay to The department may impose and

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

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

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

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

20  penalty shall be remitted to the department within 30 days

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

22  penalty is due and owing. As necessary for proper

23  administration of this chapter, the department may waive any

24  penalty due with appropriate justification. On written request

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

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

27  The department must provide information contained in a report

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

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

30  the information requested is not confidential, within 90 days

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


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    CS for CS for SB 2288                          First Engrossed



 1  property data base subsequent to a determination that the

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

 3  as the remitted property.

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

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

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

 7  holder shall conduct at least one search for the apparent

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

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

10  associations, an account is inactive if 2 years have

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

12  2 years have transpired after the expiration date on the

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

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

15  respect to banks, credit unions, and state or federal savings

16  associations, an account is inactive if 2 years have

17  transpired after the last owner-initiated account activity and

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

19  after the expiration date on the instrument or contract and

20  first-class mail has been returned as undeliverable.

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

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

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

24  requirement by conducting one annual search for the owners of

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

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

27  information, the holder shall provide notice by telephone or

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

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

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

31  notice shall also provide the apparent owner with the address


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    CS for CS for SB 2288                          First Engrossed



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

 2  may claim the property or reestablish the inactive account.

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

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

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

 6  undeliverable, or the apparent owner does not contact the

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

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

 9  the statute of limitations.

10         (7)(a)  This section does shall not apply to the

11  unclaimed patronage refunds as provided for by contract or

12  through bylaw provisions of entities organized under chapter

13  425.

14         (b)  This section does not apply to intangible property

15  held, issued, or owing by a business association subject to

16  the jurisdiction of the United States Surface Transportation

17  Board or its successor federal agency if the apparent owner of

18  such intangible property is a business association. The holder

19  of such property does not have any obligation to report, to

20  pay, or to deliver such property to the department.

21         Section 7.  Section 717.118, Florida Statutes, is

22  amended to read:

23         717.118  Notification of apparent owners Notice and

24  publication of lists of unclaimed property.--

25         (1)  It is specifically recognized that the state has

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

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

28  the citizens of this state an effective and efficient program

29  for the recovery of unclaimed property, the department shall

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

31  to notify owners of unclaimed property accounts valued at more


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    CS for CS for SB 2288                          First Engrossed



 1  than $100 with a reported address or taxpayer identification

 2  number the existence of unclaimed property held by the

 3  department. Such active attempt to notify locate apparent

 4  owners shall include any attempt by the department to directly

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

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

 7  television, on the Internet, or through other promotional

 8  efforts and items in which the department does not directly

 9  attempt to contact the owner are expressly declared to be

10  passive attempts. Nothing in this subsection precludes other

11  agencies or entities of state government from notifying owners

12  of the existence of unclaimed property or attempting to notify

13  locate apparent owners of unclaimed property.

14         (2)  The following notification requirements shall

15  apply:

16         (a)  Notifications that are published or televised may

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

18  and information regarding recovery of unclaimed property from

19  the department. Such notification may be televised or

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

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

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

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

24  50.011.

25         (b)  Notification provided directly to individual

26  apparent owners shall consist of a description of the property

27  and information regarding recovery of unclaimed property from

28  the department.

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

30  of more than $100.

31  


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    CS for CS for SB 2288                          First Engrossed



 1         (3)(4)  This section is not applicable to sums payable

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

 3  instruments presumed unclaimed under s. 717.104.

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

 5  Statutes, is amended to read:

 6         717.119  Payment or delivery of unclaimed property.--

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

 8  safe-deposit box or any other safekeeping repository reported

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

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

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

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

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

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

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

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

17  may provide the department with a single detailed shipping

18  schedule that includes package tracking information for all

19  packages being sent pursuant to this section.

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

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

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

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

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

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

26  numismatic value shall be remitted to the department in their

27  original form.

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

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

30  delivered by the holder to a law enforcement agency for

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


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    CS for CS for SB 2288                          First Engrossed



 1  reasonable attempt to ascertain the historical value to

 2  collectors of any firearm that has been delivered to the

 3  department. Any firearm appearing to have historical value to

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

 5  717.122 to a person having a federal firearms license. Any

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

 7  delivered by the department to a law enforcement agency in

 8  this state for disposal. The department shall not be

 9  administratively, civilly, or criminally liable for any

10  firearm delivered by the department to a law enforcement

11  agency in this state for disposal.

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

13  department on or before the applicable payment or delivery

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

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

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

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

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

19  box shipment container that is late for each additional

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

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

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

23  the department within 30 days after the date of the

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

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

26  appropriate justification, as provided by rule.

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

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

29  the delivery.

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

31  Statutes, is amended to read:


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    CS for CS for SB 2288                          First Engrossed



 1         717.1201  Custody by state; holder relieved from

 2  liability; reimbursement of holder paying claim; reclaiming

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

 4  repository charges.--

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

 6  pursuant to this chapter may make payment to any person

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

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

 9  entitled thereto, the department shall forthwith repay

10  reimburse the holder for the payment without deduction of any

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

12  a payment made on a negotiable instrument, including a

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

14  reimbursed under this subsection upon filing proof that the

15  instrument was duly presented and that the payee is payment

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

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

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

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

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

21  717.122, Florida Statutes, are amended, and subsection (5) is

22  added to that section, to read:

23         717.122  Public sale of unclaimed property.--

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

25  department after the receipt of unclaimed property shall sell

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

27  a specified physical location wherever in the judgment of the

28  department the most favorable market for the property involved

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

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

31  bid is insufficient. The department shall have the discretion


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    CS for CS for SB 2288                          First Engrossed



 1  to withhold from sale any unclaimed property that the

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

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

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

 5  sale and may be disposed of as the department determines

 6  appropriate. Any sale at a specified physical location held

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

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

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

10  be sold. The department shall proportionately deduct auction

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

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

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

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

15  highest bid or withhold any unclaimed property from sale.

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

17  interest to do otherwise, all securities presumed unclaimed

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

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

20  receive either the securities delivered to the department by

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

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

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

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

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

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

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

28  state.

29         (5)  The sale of unclaimed tangible personal property

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

31  


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

 2  section.

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

 4  Statutes, is amended to read:

 5         717.123  Deposit of funds.--

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

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

 8  717.122, shall forthwith be deposited by the department in the

 9  Unclaimed Property Trust Fund. The department shall retain,

10  from funds received under this chapter, an amount not

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

12  prompt payment of claims allowed by the department and shall

13  pay the costs incurred by the department in administering and

14  enforcing this chapter. All remaining funds received by the

15  department under this chapter shall be deposited by the

16  department into the State School Fund.

17         Section 12.  Section 717.124, Florida Statutes, is

18  amended to read:

19         717.124  Unclaimed property claims Filing of claim with

20  department.--

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

22  interest in any property paid or delivered to the department

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

24  form prescribed by the department and verified by the claimant

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

26  representative must be an attorney licensed to practice law in

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

28  a private investigator licensed under chapter 493. The

29  claimant's representative must be registered with the

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

31  representative, shall provide the department with a legible


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

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

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

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

 5  copy of a photographic identification of the claimant issued

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

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

 8  subdivision or agency thereof.  In lieu of photographic

 9  identification, a notarized sworn statement by the claimant

10  may be provided which affirms the claimant's identity and

11  states the claimant's full name and address. Any claim filed

12  without the required identification or the sworn statement

13  with the original claim form and the original power of

14  attorney, if applicable, is void.

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

16  department may return any claim that provides for the receipt

17  of fees and costs greater than that permitted under this

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

19  department may also request that the claimant or the

20  claimant's representative provide additional information. The

21  department shall retain a copy or electronic image of the

22  claim.

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

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

25  department's request for additional information is received by

26  the department within 60 days after the notification of any

27  apparent errors or omissions.

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

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

30  the department's request for additional information, whichever

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


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    CS for CS for SB 2288                          First Engrossed



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

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

 3  90-day period shall be extended by 60 days if the department

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

 5  property:

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

 7  bankruptcy;

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

 9  States;

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

11  States; or

12         4.  Contains documents filed in support of the claim

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

14  accompanied by an English language translation.

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

16  the claimant's representative has refused to authorize the

17  department to reduce the fees and costs to the maximum

18  permitted under this chapter.

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

20  certificate without the original instrument may require an

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

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

23  department.

24         (3)  The department may require an affidavit swearing

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

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

27  address of the claimant to subsequent claimants coming forward

28  with substantiated proof to claim the account. This shall

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

30  remedy of a subsequent claimant to the property shall be

31  


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 1  against the person who received the property from the

 2  department.

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

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

 5  department shall deliver or pay over to the claimant the

 6  property or the amount the department actually received or the

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

 8  any additional amount required by s. 717.121.

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

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

11  accountant, or private investigator licensed under chapter

12  493, and registered with the department under this chapter,

13  investigative agency which is duly licensed to do business in

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

15  behalf, the department is authorized to make distribution of

16  the property or money in accordance with such power of

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

18  the owner and must be filed with the department.

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

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

21  fees and costs authorized pursuant to a written power of

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

23  delivered directly to the claimant notwithstanding any

24  agreement to the contrary.

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

26  written power of attorney for approved cash claims shall be

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

28  designated attorney licensed to practice law in this state,

29  the public accountancy firm employer of the licensed

30  Florida-certified public accountant, or the designated

31  employing private investigative agency licensed by this state.


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 1  Such payments shall may be made by electronic funds transfer

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

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

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

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

 6  investigator licensed under chapter 493, operating

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

 8  attorney, certified public accountant, or private

 9  investigator.

10         3.  Payments of approved claims for unclaimed

11  securities and other intangible ownership interests made to an

12  attorney, Florida-certified public accountant, or private

13  investigative agency shall be promptly deposited into a trust

14  or escrow account which is regularly maintained by the

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

16  investigative agency in a financial institution authorized to

17  accept such deposits and located in this state.

18         (c)  Distribution of unclaimed property by the

19  attorney, Florida-certified public accountant, or private

20  investigative agency to the claimant shall be made within 10

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

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

23  the agreement protests in writing such distribution before it

24  is made.

25         (5)(6)  The department shall not be administratively,

26  civilly, or criminally liable for any property or funds

27  distributed pursuant to this section, provided such

28  distribution is made in good faith.

29         (6)  This section does not supersede the licensing

30  requirements of chapter 493.

31  


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 1         Section 13.  Section 717.12403, Florida Statutes, is

 2  created to read:

 3         717.12403  Unclaimed demand, savings, or checking

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

 5  than one person.--

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

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

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

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

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

11  department. This presumption may be rebutted by showing that

12  entitlement to the account has been transferred to another

13  person or by clear and convincing evidence demonstrating that

14  the account should have been reported by the financial

15  institution as an "or" account.

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

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

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

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

20  presumption may be rebutted by showing that entitlement to the

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

22  convincing evidence demonstrating that the account is not a

23  survivorship account.

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

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

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

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

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

29  presumption may be rebutted by showing that entitlement to the

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

31  convincing evidence demonstrating that the account should have


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    CS for CS for SB 2288                          First Engrossed



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

 2  account.

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

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

 5  two or more persons who are not beneficiaries without

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

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

 8  This presumption may be rebutted by showing that entitlement

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

10  clear and convincing evidence demonstrating that the account

11  should have been reported by the financial institution as an

12  "and" account.

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

14  distribution in good faith if the department remits funds

15  consistent with this section.

16         Section 14.  Section 717.12404, Florida Statutes, is

17  created to read:

18         717.12404  Claims on behalf of a business entity or

19  trust.--

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

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

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

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

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

25  corporate filing with the Department of State, an

26  authenticated copy of the last corporate filing identifying

27  the officers and directors from the appropriate authorized

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

29  corporation must be made by an officer or director identified

30  on the last corporate filing.

31  


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

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

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

 4  person acting on behalf of the dissolved corporation, business

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

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

 7  department shall be provided with a legible copy of a

 8  photographic identification of the person issued by the United

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

10  agency thereof. In lieu of photographic identification, a

11  notarized sworn statement by the person may be provided which

12  affirms the person's identity and states the person's full

13  name and address. Any claim filed without the required

14  identification or the sworn statement with the original claim

15  form and the original power of attorney, if applicable, is

16  void.

17         Section 15.  Section 717.12405, Florida Statutes, is

18  created to read:

19         717.12405  Claims by estates.--An estate or any person

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

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

22  decedent entitled to the property has been located. Any

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

24  behalf of an estate, that receives unclaimed property before

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

26  has been located, is personally liable for the unclaimed

27  property and must immediately return the full amount of the

28  unclaimed property or the value thereof to the department in

29  accordance with s. 717.1341.

30  

31  


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    CS for CS for SB 2288                          First Engrossed



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

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

 3  said section, to read:

 4         717.1241  Conflicting claims.--

 5         (1)  When ownership has been established but

 6  conflicting claims have been received by the department, the

 7  property shall be remitted as follows, notwithstanding the

 8  withdrawal of a claim to the:

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

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

11  complete or made complete received by the department; or

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

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

14  claims are complete, to the owner;

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

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

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

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

19  department on the same day; or

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

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

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

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

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

25  shall be divided equally between the owner's representatives

26  Owner's representative who has the earliest dated contract

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

28  representatives are received by the department on the same

29  day.

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

31  unclaimed property has been established.


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

 2  Florida Statutes, is amended to read:

 3         717.1242  Restatement of jurisdiction of the circuit

 4  court sitting in probate and the department.--

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

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

 7  jurisdiction of proceedings relating to the settlement of the

 8  estates of decedents and other jurisdiction usually pertaining

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

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

11  determines the merits of claims for property paid or delivered

12  to the department under this chapter. Consistent with this

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

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

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

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

17         Section 18.  Section 717.1244, Florida Statutes, is

18  created to read:

19         717.1244  Determinations of unclaimed property

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

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

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

23  statements applying the statutory, regulatory, common, and

24  case law to unclaimed property claims are not agency

25  statements subject to s. 120.56(4).

26         Section 19.  Section 717.126, Florida Statutes, is

27  amended to read:

28         717.126  Administrative hearing; burden of proof; proof

29  of entitlement; venue.--

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

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


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    CS for CS for SB 2288                          First Engrossed



 1  120.569 and 120.57. In any proceeding for determination of a

 2  claim to property paid or delivered to the department under

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

 4  establish entitlement to the property by a preponderance of

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

 6  department is not sufficient, in the absence of other

 7  evidence, to prove entitlement to unclaimed property.

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

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

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

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

12  alternative remote video location.

13         Section 20.  Section 717.1261, Florida Statutes, is

14  created to read:

15         717.1261  Death certificates.--Any person who claims

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

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

18  the decedent or decedents that has been certified as being

19  authentic by the issuing governmental agency.

20         Section 21.  Section 717.1262, Florida Statutes, is

21  created to read:

22         717.1262  Court documents.--Any person who claims

23  entitlement to unclaimed property by reason of a court

24  document shall file a certified copy of the court document

25  with the department.

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

27  717.1301, Florida Statutes, are amended to read:

28         717.1301  Investigations; examinations; subpoenas.--

29         (1)  The department may make investigations and

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

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


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    CS for CS for SB 2288                          First Engrossed



 1  necessary to administer and enforce the provisions of this

 2  chapter. In such investigations and examinations the

 3  department may administer oaths, examine witnesses, issue

 4  subpoenas, and otherwise gather evidence. The department may

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

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

 7  holding any unclaimed property reportable or deliverable under

 8  this chapter.

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

10  records of any person results in the disclosure of property

11  reportable and deliverable under this chapter, the department

12  may assess the cost of investigation or the examination

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

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

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

16  person shall also pay the travel expense and per diem

17  subsistence allowance provided for state employees in s.

18  112.061. The person shall not be required to pay a per diem

19  fee and expenses of an examination or investigation which

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

21  such examination or investigation is due to fraudulent

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

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

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

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

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

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

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

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

30  notification.

31  


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

 2  Florida Statutes, is amended to read:

 3         717.1315  Retention of records by owner's

 4  representative.--

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

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

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

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

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

10  department designating in the written notice the office at

11  which such records are maintained.

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

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

14  location in this state upon request of the department.

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

16  Statutes, is amended to read:

17         717.132  Enforcement; cease and desist orders;

18  administrative fines.--

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

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

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

22  and desist and to take corrective action whenever the

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

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

25  or order promulgated under this chapter, or any written

26  agreement entered into with the department. For purposes of

27  this subsection, the term "corrective action" includes

28  refunding excessive charges, requiring a person to return

29  unclaimed property, requiring a holder to remit unclaimed

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

31  


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    CS for CS for SB 2288                          First Engrossed



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

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

 3         Section 25.  Section 717.1322, Florida Statutes, is

 4  created to read:

 5         717.1322  Administrative enforcement.--

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

 7  and constitute grounds for an administrative enforcement

 8  action by the department in accordance with the requirements

 9  of chapter 120:

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

11  chapter, any rule or order adopted under this chapter, or any

12  written agreement entered into with the department.

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

14  negligence in any matter within the scope of this chapter.

15         (c)  Fraudulent misrepresentation, circumvention, or

16  concealment of any matter required to be stated or furnished

17  to an owner or apparent owner under this chapter, regardless

18  of reliance by or damage to the owner or apparent owner.

19         (d)  Willful imposition of illegal or excessive charges

20  in any unclaimed property transaction.

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

22  advertising within the scope of this chapter.

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

24  for examination all books, accounts, or other documents

25  required by this chapter, by any rule or order adopted under

26  this chapter, or by any agreement entered into with the

27  department under this chapter.

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

29  in an investigation or examination by the department or

30  refusal to comply with a subpoena issued by the department

31  under this chapter.


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

 2  business.

 3         (i)  Failure to timely pay any fine imposed or assessed

 4  under this chapter or any rule adopted under this chapter.

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

 6  compensation or gain, the filing of a claim for unclaimed

 7  property owned by another unless such person is a registered

 8  attorney licensed to practice law in this state, registered

 9  public accountant certified in this state, or a registered

10  private investigator licensed under chapter 493. This

11  subsection does not apply to a person who has been granted a

12  durable power of attorney to convey and receive all of the

13  real and personal  property of the owner, is the

14  court-appointed guardian of the owner, has been employed as an

15  attorney or qualified representative to contest the

16  department's denial of a claim, has been employed as an

17  attorney or qualified representative to contest the

18  department's denial of a claim, or has been employed as an

19  attorney to probate the estate of the owner or an heir or

20  legatee of the owner.

21         (k)  Failure to authorize the release of records in the

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

23  the department regarding a pending examination or

24  investigation.

25         (l)  Receipt or solicitation of consideration to be

26  paid in advance of the approval of a claim under this chapter.

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

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

29  department may enter an order:

30         (a)  Revoking or suspending a registration previously

31  granted under this chapter;


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 1         (b)  Placing a registrant or an applicant for a

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

 3  such conditions as the department may specify;

 4         (c)  Placing permanent restrictions or conditions upon

 5  issuance or maintenance of a registration under this chapter;

 6         (d)  Issuing a reprimand;

 7         (e)  Imposing an administrative fine not to exceed

 8  $2,000 for each such act; or

 9         (f)  Prohibiting any person from being a director,

10  officer, agent, employee, or ultimate equitable owner of a

11  10-percent or greater interest in an employer of a registrant.

12         (3)  A registrant is subject to the disciplinary

13  actions specified in subsection (2) for violations of

14  subsection (1) by an agent or employee of the registrant's

15  employer if the registrant knew or should have known that such

16  agent or employee was violating any provision of this chapter.

17         (4)(a)  The department shall adopt, by rule, and

18  periodically review the disciplinary guidelines applicable to

19  each ground for disciplinary action which may be imposed by

20  the department under this chapter.

21         (b)  The disciplinary guidelines shall specify a

22  meaningful range of designated penalties based upon the

23  severity or repetition of specific offenses, or both. It is

24  the legislative intent that minor violations be distinguished

25  from more serious violations; that such guidelines consider

26  the amount of the claim involved, the complexity of locating

27  the owner, the steps taken to ensure the accuracy of the claim

28  by the person filing the claim, the acts of commission and

29  omission of the ultimate owners in establishing themselves as

30  rightful owners of the funds, the acts of commission or

31  omission of the agent or employee of an employer in the filing


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    CS for CS for SB 2288                          First Engrossed



 1  of the claim, the actual knowledge of the agent, employee,

 2  employer, or owner in the filing of the claim, the departure,

 3  if any, by the agent or employee from the internal controls

 4  and procedures established by the employer with regard to the

 5  filing of a claim, the number of defective claims previously

 6  filed by the agent, employee, employer, or owner; that such

 7  guidelines provide reasonable and meaningful notice of likely

 8  penalties that may be imposed for proscribed conduct; and that

 9  such penalties be consistently applied by the department.

10         (c)  A specific finding of mitigating or aggravating

11  circumstances shall allow the department to impose a penalty

12  other than that provided for in such guidelines. The

13  department shall adopt by rule disciplinary guidelines to

14  designate possible mitigating and aggravating circumstances

15  and the variation and range of penalties permitted for such

16  circumstances. Such mitigating and aggravating circumstances

17  shall also provide for consideration of, and be consistent

18  with, the legislative intent expressed in paragraph (b).

19         (d)  In any proceeding brought under this chapter, the

20  administrative law judge, in recommending penalties in any

21  recommended order, shall follow the penalty guidelines

22  established by the department and shall state in writing any

23  mitigating or aggravating circumstances upon which the

24  recommended penalty is based.

25         (5)  The department may seek any appropriate civil

26  legal remedy available to it by filing a civil action in a

27  court of competent jurisdiction against any person who has,

28  directly or through an owner's representative, wrongfully

29  submitted a claim as the ultimate owner of property and

30  improperly received funds from the department in violation of

31  this chapter.


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    CS for CS for SB 2288                          First Engrossed



 1         Section 26.  Section 717.1331, Florida Statutes, is

 2  created to read:

 3         717.1331  Actions against holders.--The department may

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

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

 6  civil or administrative action to recover unclaimed property

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

 8  be ordered to pay the department reasonable costs and

 9  attorney's fees.

10         Section 27.  Section 717.1333, Florida Statutes, is

11  created to read:

12         717.1333  Evidence; audit reports; examiner's

13  worksheets, investigative reports, other related

14  documents.--In any proceeding involving a holder under ss.

15  120.569 and 120.57 in which an auditor, examiner, or

16  investigator acting under authority of this chapter is

17  available for cross-examination, any official written report,

18  worksheet, or other related paper, or copy thereof, compiled,

19  prepared, drafted, or otherwise made or received by the

20  auditor, examiner, or investigator, after being duly

21  authenticated by the auditor, examiner, or investigator, may

22  be admitted as competent evidence upon the oath of the

23  auditor, examiner, or investigator that the report, worksheet,

24  or related paper was prepared or received as a result of an

25  audit, examination, or investigation of the books and records

26  of the person audited, examined, or investigated, or the agent

27  thereof.

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

29  717.134, Florida Statutes, to read:

30         717.134  Penalties and interest.--

31  


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    CS for CS for SB 2288                          First Engrossed



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

 2  $500 per day up to a maximum of $5,000 and 25 percent of the

 3  value of property willfully not reported with all of the

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

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

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

 7  negligence, the department shall waive the penalty provided

 8  herein.

 9         Section 29.  Section 717.1341, Florida Statutes, is

10  created to read:

11         717.1341  Invalid claims, recovery of property,

12  interest and penalties.--

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

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

15  receives, or assists another person to receive, unclaimed

16  property that the person is not entitled to receive is

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

18  unclaimed property and shall immediately return the property,

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

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

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

22  Assisting another person to receive unclaimed property

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

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

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

26  department plus any dividends or interest received thereon

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

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

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

30  or interest received, and the brokerage fee.

31  


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    CS for CS for SB 2288                          First Engrossed



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

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

 3  received thereon shall be returned to the department, together

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

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

 6  the property.

 7         (2)  The department may maintain a civil or

 8  administrative action:

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

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

11  property or to offset amounts owed to the department against

12  amounts owed to an owner representative;

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

14  receiving, or attempting to receive, unclaimed property that

15  the person is not entitled to receive; or

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

17  property that the person is not entitled to receive.

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

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

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

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

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

23  the department prevails in a civil or administrative

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

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

26  reasonable costs and attorney's fees.

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

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

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

30  violates this subsection regarding unclaimed property of an

31  aggregate value:


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    CS for CS for SB 2288                          First Engrossed



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

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

 3  775.083, or s. 775.084;

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

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

 6  775.082, s. 775.083, or s. 775.084;

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

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

 9  775.082, s. 775.083, or s. 775.084;

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

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

12  775.082 or s. 775.083; or

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

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

15  775.083.

16         Section 30.  Section 717.135, Florida Statutes, is

17  amended to read:

18         717.135  Agreement to recover locate reported property

19  in the custody of the department.--

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

21  representative and a claimant an owner for compensation to

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

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

24  greater and either:

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

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

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

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

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

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

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


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    CS for CS for SB 2288                          First Engrossed



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

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

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

 4  and costs for accounts containing securities or other

 5  intangible ownership interests, which securities or interests

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

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

 8  other market on which the property ownership interest is

 9  regularly traded at the time the securities or other ownership

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

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

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

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

14  the time the ownership interest is transferred or remitted to

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

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

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

18  Unclaimed Property of the Department of Financial Services

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

20  that held the property prior to the property becoming

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

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

23  and identify which of the following categories of unclaimed

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

25  reported by the holder:

26         1.  Cash accounts.

27         2.  Stale dated checks.

28         3.  Life insurance or annuity contract assets.

29         4.  Utility deposits.

30         5.  Securities or other interests in business

31  associations.


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    CS for CS for SB 2288                          First Engrossed



 1         6.  Wages.

 2         7.  Accounts receivable.

 3         8.  Contents of safe-deposit boxes.

 4  

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

 6  person asserting entitlement to the unclaimed property.

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

 8  if probate proceedings must be initiated on behalf of the

 9  claimant for an estate that has never been probated to

10  contracts made in connection with guardianship proceedings or

11  the probate of an estate.

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

13  state the value of the unclaimed property, the unclaimed

14  property account number, and the percentage dollar value of

15  the unclaimed property account to be paid to the claimant

16  owner and shall also state the percentage dollar value of

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

18  representative.

19         (b)  Agreements for recovery of accounts containing

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

21  tangible ownership interests, or other types of accounts,

22  except cash accounts, shall state the unclaimed property

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

24  the approximate value of the unclaimed property, and the

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

26  owner's representative.

27         (c)  All disclosures and agreements shall include the

28  name, address, and professional license number of the

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

30  taxpayer identification number or social security number,

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


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    CS for CS for SB 2288                          First Engrossed



 1  original of all such disclosures and agreements to pay

 2  compensation shall be signed and dated by the claimant owner

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

 4  representative with the claim form.

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

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

 7  corporation, for compensation to recover or assist in the

 8  recovery of property reported to the department under s.

 9  717.117 must use the following form on 8 and 1/2 inch by 11

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

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

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

13  representative, the department disclosure form may be placed

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

15  accurately completed and executed. No other writing or

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

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

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

19  greater. All unclaimed property accounts claimed must be

20  identified on the agreement. The agreement must state:

21                        RECOVERY AGREEMENT

22  $__________= APPROXIMATE DOLLAR VALUE OF UNCLAIMED PROPERTY

23  NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF

24  APPLICABLE):________

25  PROPERTY ACCOUNT NUMBERS:____________________

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

27  REPRESENTATIVE

28  $__________= NET AMOUNT TO BE PAID TO CLAIMANT

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

30  

31  


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    CS for CS for SB 2288                          First Engrossed



 1  THIS AGREEMENT is between:

 2  _____________________________________________________________

 3                     (hereinafter, CLAIMANT)

 4  and__________________________________________________________

 5             (hereinafter, CLAIMANT'S REPRESENTATIVE)

 6  who agree to the following:

 7         (1)  As consideration for the research efforts in

 8  locating and identifying assets due to the CLAIMANT and for

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

10  the CLAIMANT authorizes the government to pay to the

11  CLAIMANT'S REPRESENTATIVE a fee of either:

12         (a)  _______ percent of all assets recovered, or

13         (b)  A flat fee of $ _________ to recover the unclaimed

14  property account identified above.

15  

16  NO FEES ARE TO BE PAID IN ADVANCE.

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

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

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

20  receive the above compensation from the government in

21  accordance with this agreement.

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

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

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

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

26  VOID.

27  Original Signature of CLAIMANT:______________________________

28  DATE:__________________________

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

30  Make the CLAIMANT'S check payable to:________________________

31  Mail check to this address:__________________________________


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    CS for CS for SB 2288                          First Engrossed



 1  _____________________________________________________________

 2  The CLAIMANT'S telephone number is:__________________________

 3  Original Signature of CLAIMANT'S REPRESENTATIVE:_____________

 4  FEID Number of CLAIMANT'S REPRESENTATIVE:____________________

 5  DATE:________________________

 6  Address of CLAIMANT'S REPRESENTATIVE:________________________

 7  _____________________________________________________________

 8  Telephone number of CLAIMANT'S REPRESENTATIVE:_______________

 9  Professional license number of CLAIMANT'S REPRESENTATIVE:

10  ____________________

11         (e)  All fees, whether expressed as a percentage or as

12  a flat fee, are subject to the limitations and requirements of

13  subsection (1).

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

15  person on whose behalf a claim is filed.

16         (4)  This section does not supersede the licensing

17  requirements of chapter 493.

18         Section 31.  Section 717.1351, Florida Statutes, is

19  created to read:

20         717.1351  Acquisition of unclaimed property.--

21         (1)  A person desiring to acquire ownership or

22  entitlement of property reported to the department under s.

23  717.117 must be an attorney licensed to practice law in this

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

25  private investigator licensed under chapter 493, or an

26  employer of a licensed private investigator which employer

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

28  registered with the department under this chapter.

29         (2)  All contracts to acquire ownership or entitlement

30  of unclaimed property from the person or persons entitled to

31  


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    CS for CS for SB 2288                          First Engrossed



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

 2  must:

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

 4  the unclaimed property at the time the agreement is executed

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

 6  by the department; or

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

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

 9  Unclaimed Property of the Department of Financial Services

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

11  that held the property prior to the property becoming

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

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

14  and identify which of the following categories of unclaimed

15  property buyer is seeking to purchase as reported by the

16  holder:

17         1.  Cash accounts.

18         2.  Stale dated checks.

19         3.  Life insurance or annuity contract assets.

20         4.  Utility deposits.

21         5. Securities or other interests in business

22  associations.

23         6.  Wages.

24         7.  Accounts receivable.

25         8.  Contents of safe-deposit boxes.

26  

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

28  seller of the unclaimed property.

29         (3)  The originals of all such disclosures and

30  agreements to transfer ownership or entitlement to unclaimed

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


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    CS for CS for SB 2288                          First Engrossed



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

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

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

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

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

 6  provided with a legible copy of a photographic identification

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

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

 9  or a political subdivision or agency thereof. In lieu of

10  photographic identification, a notarized sworn statement by

11  the seller may be provided which affirms the seller's identity

12  and states the seller's full name and address. If a claim is

13  filed without the required identification or the sworn

14  statement with the original claim form and the original

15  agreement to acquire ownership or entitlement to the unclaimed

16  property, the claim is void.

17         (4)  Any contract to acquire ownership or entitlement

18  of unclaimed property from the person or persons entitled to

19  the unclaimed property must provide for the purchase price to

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

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

22  contract must specify the unclaimed property account number,

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

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

25  be filed with the department with the claim.

26         (5)  All agreements to purchase unclaimed property from

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

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

29  11 inch paper or on 8 and 1/2 inch by 14 inch paper with all

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

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


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    CS for CS for SB 2288                          First Engrossed



 1  owner representative, the department disclosure form may be

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

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

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

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

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

 7  greater. All unclaimed property accounts to be purchased must

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

 9                        PURCHASE AGREEMENT

10  $__________= APPROXIMATE DOLLAR VALUE OF THE UNCLAIMED

11  PROPERTY

12  PROPERTY ACCOUNT NUMBER(S):____________________

13  NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF

14  APPLICABLE):________

15  __________PERCENT OF UNCLAIMED PROPERTY TO BE PAID TO THE

16  BUYER

17  $__________= NET AMOUNT TO BE PAID TO OWNER

18  $__________= AMOUNT TO BE PAID TO BUYER

19  THIS AGREEMENT is between:

20  _____________________________________________________________

21                       (hereinafter, OWNER)

22  and_________________________________________________________ 

23                       (hereinafter, BUYER)

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

25  price of $________all rights to the above identified unclaimed

26  property accounts.

27  Original Signature of OWNER:____________________DATE:________

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

29  Within 10 days after the execution of this Purchase Agreement

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

31  _____________________________________________________________


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    CS for CS for SB 2288                          First Engrossed



 1  Mail check to this address:__________________________________

 2  _____________________________________________________________

 3  _____________________________________________________________

 4  The OWNER'S telephone number is:_____________________________

 5  Original Signature of BUYER:_________________________________

 6  FEID Number of BUYER:___________________________DATE:________

 7  Address of BUYER:____________________________________________

 8  _____________________________________________________________

 9  Telephone number of BUYER: __________________________________

10  Professional license number of BUYER:________________________

11         (6)  This section does not supersede the licensing

12  requirements of chapter 493.

13         Section 32.  Section 717.1400, Florida Statutes, is

14  created to read:

15         717.1400  Registration.--

16         (1)  In order to file claims as a claimant's

17  representative, acquire ownership or entitlement to unclaimed

18  property, receive a distribution of fees and costs from the

19  department, and obtain unclaimed property dollar amounts, the

20  number of reported shares of stock, and the last four digits

21  of social security numbers held by the department, a private

22  investigator holding a Class "C" individual license under

23  chapter 493 must register with the department on such form as

24  the department shall prescribe by rule, and verified by the

25  applicant. To register with the department, a private

26  investigator must provide:

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

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

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

30  chapter 493.

31  


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    CS for CS for SB 2288                          First Engrossed



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

 2  individual license issued under chapter 493.

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

 4  number.

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

 6  designated to act on behalf of the private investigator

 7  together with a legible copy of their photo-identification

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

 9  political subdivision thereof.

10         (e)  Sufficient information to enable the department to

11  disburse funds by electronic funds transfer.

12         (f)  The tax identification number of the private

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

14  license under chapter 493.

15         (2)  In order to file claims as a claimant's

16  representative, acquire ownership or entitlement to unclaimed

17  property, receive a distribution of fees and costs from the

18  department, and obtain unclaimed property dollar amounts, the

19  number of reported shares of stock, and the last four digits

20  of social security numbers held by the department, a

21  Florida-certified public accountant must register with the

22  department on such form as the department shall prescribe by

23  rule, and must be verified by the applicant. To register with

24  the department a Florida-certified public accountant must

25  provide:

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

27  number.

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

29  license showing the full name and current address of such

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

31  another form of identification showing full name and current


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    CS for CS for SB 2288                          First Engrossed



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

 2  department.

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

 4  number.

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

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

 7  accountant together with a legible copy of their

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

 9  or a state, or a political subdivision thereof.

10         (e)  Sufficient information to enable the department to

11  disburse funds by electronic funds transfer.

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

13  public accounting firm employer.

14         (3)  In order to file claims as a claimant's

15  representative, acquire ownership or entitlement to unclaimed

16  property, receive a distribution of fees and costs from the

17  department, and obtain unclaimed property dollar amounts, the

18  number of reported shares of stock, and the last four digits

19  of social security numbers held by the department, an attorney

20  licensed to practice in this state must register with the

21  department on such form as the department shall prescribe by

22  rule, and must be verified by the applicant. To register with

23  the department, such attorney must provide:

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

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

26  license showing the full name and current address of such

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

28  another form of identification showing full name and current

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

30  department.

31  


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    CS for CS for SB 2288                          First Engrossed



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

 2  number.

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

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

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

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

 7  thereof.

 8         (e)  Sufficient information to enable the department to

 9  disburse funds by electronic funds transfer.

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

11  employer law firm.

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

13  department prior to the effective date of this provision need

14  not be resubmitted in order to complete the registration.

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

16  registration occurs, a registrant must, within 30 days,

17  provide the department with the updated documentation and

18  information in writing. Material changes include, but are not

19  limited to; a designated agent or employee ceasing to act on

20  behalf of the designating person, a surrender, suspension, or

21  revocation of a license, or a license renewal.

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

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

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

25  within 30 days, inform the Bureau of Unclaimed Property in

26  writing of the termination of agency or employment.

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

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

29  must, within 30 days, inform the bureau in writing of the

30  surrender, suspension, or revocation.

31  


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    CS for CS for SB 2288                          First Engrossed



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

 2  license under chapter 493 or a private investigator's

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

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

 5  renewed license to the department within 30 days after the

 6  receipt of the renewed license by the private investigator or

 7  the private investigator's employer.

 8         (6)  A registrant or applicant for registration may not

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

10  the registrant is affiliated or associated with the United

11  States, or an agency thereof, or a state or an agency or

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

13  application for registration or revoke a registration if the

14  applicant or registrant has a name that might lead another

15  person to conclude that the applicant or registrant is

16  affiliated or associated with the United States, or an agency

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

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

19  the applicant or registrant is affiliated or associated with

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

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

22  not limited to, the words United States, Florida, state,

23  bureau, division, department, or government.

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

25  Statutes, is amended to read:

26         212.02  Definitions.--The following terms and phrases

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

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

29  different meaning:

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

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


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    CS for CS for SB 2288                          First Engrossed



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

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

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

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

 5  occasional or isolated sales or transactions involving

 6  tangible personal property or services by a person who does

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

 8  sales of unclaimed tangible personal property under s.

 9  717.122, but includes other charges for the sale or rental of

10  tangible personal property, sales of services taxable under

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

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

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

14  housekeeping accommodations in hotels, apartment houses,

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

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

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

18  licenses in parking lots or garages for motor vehicles,

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

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

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

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

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

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

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

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

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

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

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

30  which group included both such corporations and there is no

31  substantial change in the use of the property following the


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    CS for CS for SB 2288                          First Engrossed



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

 2  the property was required by an unrelated lender as a

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

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

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

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

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

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

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

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

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

12  local governmental instrumentality in the same manner as other

13  dealers, unless specifically exempted by this chapter.

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

15  Statutes, is amended to read:

16         322.142  Color photographic or digital imaged

17  licenses.--

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

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

20  digital image and signature of the licensees, together with

21  other data required by the department for identification and

22  retrieval. Reproductions from the file or digital record shall

23  be made and issued only for departmental administrative

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

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

26  Revenue pursuant to an interagency agreement to facilitate

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

28  of Financial Services pursuant to an interagency agreement to

29  facilitate the location of owners of unclaimed property, the

30  validation of unclaimed property claims, and the

31  


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    CS for CS for SB 2288                          First Engrossed



 1  identification of fraudulent or false claims, and are exempt

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

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

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

 5  that section is amended, to read:

 6         395.3025  Patient and personnel records; copies;

 7  examination.--

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

 9  disclosed without the consent of the person to whom they

10  pertain, but appropriate disclosure may be made without such

11  consent to:

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

13  employee, or independent contractor of the department who is

14  auditing for unclaimed property pursuant to chapter 717.

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

16  security numbers, and photographs of employees of any licensed

17  facility who provide direct patient care or security services;

18  the home addresses, telephone numbers, social security

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

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

21  schools and day care facilities attended by the children of

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

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

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

25  information by any provision of law shall be granted such

26  access in the furtherance of its statutory duties,

27  notwithstanding the provisions of this subsection. The

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

29  independent contractor of the department who is auditing for

30  unclaimed property pursuant to chapter 717, shall be granted

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


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    CS for CS for SB 2288                          First Engrossed



 1  employee owed unclaimed property. This subsection is subject

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

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

 4  unless reviewed and saved from repeal through reenactment by

 5  the Legislature.

 6         Section 36.  Section 732.103, Florida Statutes, is

 7  amended to read:

 8         732.103  Share of other heirs.--The part of the

 9  intestate estate not passing to the surviving spouse under s.

10  732.102, or the entire intestate estate if there is no

11  surviving spouse, descends as follows:

12         (1)  To the lineal descendants of the decedent.

13         (2)  If there is no lineal descendant, to the

14  decedent's father and mother equally, or to the survivor of

15  them.

16         (3)  If there is none of the foregoing, to the

17  decedent's brothers and sisters and the descendants of

18  deceased brothers and sisters.

19         (4)  If there is none of the foregoing, the estate

20  shall be divided, one-half of which shall go to the decedent's

21  paternal, and the other half to the decedent's maternal,

22  kindred in the following order:

23         (a)  To the grandfather and grandmother equally, or to

24  the survivor of them.

25         (b)  If there is no grandfather or grandmother, to

26  uncles and aunts and descendants of deceased uncles and aunts

27  of the decedent.

28         (c)  If there is either no paternal kindred or no

29  maternal kindred, the estate shall go to the other kindred who

30  survive, in the order stated above.

31  


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    CS for CS for SB 2288                          First Engrossed



 1         (5)  If there is no kindred of either part, the whole

 2  of the property shall go to the kindred of the last deceased

 3  spouse of the decedent as if the deceased spouse had survived

 4  the decedent and then died intestate entitled to the estate.

 5         (6)  If there are none of the foregoing and part of the

 6  normal family lineage of the intestate decedent cannot be

 7  documented because it includes a Holocaust victim, the probate

 8  court may extend the right of succession to other persons who

 9  the best available evidence shows are surviving heirs. A

10  petition by a person claiming to be such an heir may not be

11  dismissed for failure to comply with an applicable statute of

12  limitations or laches. In addition, the court may allow such a

13  claimant to meet a reasonable, not unduly restrictive,

14  standard to substantiate a claim, including a claim that a

15  person's whereabouts are unknown as evidence of a decedent if

16  such claim is from a source that a reasonable person would

17  accept as reliable in the conduct of his or her affairs. For

18  purposes of this subsection, the term "Holocaust victim" means

19  a person who disappeared or lost his or her life or property

20  as a result of discriminatory laws, policies, or actions

21  targeted against discreet groups or persons between 1900 and

22  1945, inclusive, in Nazi Germany, areas occupied by Nazi

23  Germany, or countries allied or cooperating with Nazi Germany.

24         Section 37.  This act shall take effect October 1,

25  2004.

26  

27  

28  

29  

30  

31  


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