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Amendment CaShTmL-931386.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2994
    Amendment No. ___   Barcode 931386
                            CHAMBER ACTION
              Senate                               House
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       04/26/2004 12:49 PM         .                    
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11  Senator Clary moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 80, between lines 10 and 11,
15  
16  insert:  
17         Section 82.  Subsection (15) of section 717.101,
18  Florida Statutes, is renumbered as subsection (16) and
19  amended, subsections (5) through (18) are renumbered as
20  subsections (6) through (19), respectively, present subsection
21  (19) is renumbered as subsection (21), and new subsections (5)
22  and (20) are added to that section, to read:
23         717.101  Definitions.--As used in this chapter, unless
24  the context otherwise requires:
25         (5)  "Claimant" means the person on whose behalf a
26  claim is filed.
27         (16)(15)  "Owner" means a depositor in the case of a
28  deposit, a beneficiary in case of a trust or other than a
29  deposit in trust, a claimant, or a payee in the case of other
30  intangible property, or a person having a legal or equitable
31  interest in property subject to this chapter or his or her
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    6:53 PM   04/23/04                              s2994c2c-04t3t

SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 legal representative. 2 (20) "Ultimate equitable owner" means a natural person 3 who, directly or indirectly, owns or controls an ownership 4 interest in a corporation, a foreign corporation, an alien 5 business organization, or any other form of business 6 organization, regardless of whether such natural person owns 7 or controls such ownership interest through one or more 8 natural persons or one or more proxies, powers of attorney, 9 nominees, corporations, associations, partnerships, trusts, 10 joint stock companies, or other entities or devices, or any 11 combination thereof. 12 Section 83. Subsection (1) of section 717.106, Florida 13 Statutes, are amended to read: 14 717.106 Bank deposits and funds in financial 15 organizations.-- 16 (1) Any demand, savings, or matured time deposit with 17 a banking or financial organization, including deposits that 18 are automatically renewable, and any funds paid toward the 19 purchase of shares, a mutual investment certificate, or any 20 other interest in a banking or financial organization is 21 presumed unclaimed unless the owner has, within 5 years: 22 (a) Increased or decreased the amount of the deposit 23 or presented the passbook or other similar evidence of the 24 deposit for the crediting of interest; 25 (b) Communicated in writing or by telephone with the 26 banking or financial organization concerning the property; 27 (c) Otherwise indicated an interest in the property as 28 evidenced by a memorandum or other record on file with the 29 banking or financial organization; 30 (d) Owned other property to which paragraph (a), 31 paragraph (b), or paragraph (c) is applicable and if the 2 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 banking or financial organization communicates in writing with 2 the owner with regard to the property that would otherwise be 3 presumed unclaimed under this subsection at the address to 4 which communications regarding the other property regularly 5 are sent; or 6 (e) Had another relationship with the banking or 7 financial organization concerning which the owner has: 8 1. Communicated in writing with the banking or 9 financial organization; or 10 2. Otherwise indicated an interest as evidenced by a 11 memorandum or other record on file with the banking or 12 financial organization and if the banking or financial 13 organization communicates in writing with the owner with 14 regard to the property that would otherwise be unclaimed under 15 this subsection at the address to which communications 16 regarding the other relationship regularly are sent; or 17 (f) Received first-class mail from the banking or 18 financial organization or a subsidiary of such banking or 19 financial organization, which was not returned as 20 undeliverable, in the ordinary course of business at the 21 address reflected in the banking or financial organization's 22 records. 23 Section 84. Subsection (1) of section 717.107, Florida 24 Statutes, is amended to read: 25 717.107 Funds owing under life insurance policies.-- 26 (1) Funds held or owing under any life or endowment 27 insurance policy or annuity contract which has matured or 28 terminated are presumed unclaimed if unclaimed for more than 5 29 years after the funds became due and payable as established 30 from the records of the insurance company holding or owing the 31 funds, but property described in paragraph (3)(b) is presumed 3 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 unclaimed if such property is not claimed for more than 2 2 years. The amount presumed unclaimed shall include any amount 3 due and payable under s. 627.4615. 4 Section 85. Section 717.109, Florida Statutes, is 5 amended to read: 6 717.109 Refunds held by business associations.--Except 7 as to the extent otherwise provided ordered by law the court 8 or administrative agency, any sum that a business association 9 has been ordered to refund by a court or administrative agency 10 which has been unclaimed by the owner for more than 1 year 11 after it became payable in accordance with the final 12 determination or order providing for the refund, regardless of 13 whether the final determination or order requires any person 14 entitled to a refund to make a claim for it, is presumed 15 unclaimed. 16 Section 86. Section 717.116, Florida Statutes, is 17 amended to read: 18 717.116 Contents of safe-deposit box or other 19 safekeeping repository.--All tangible and intangible property 20 held by a banking or financial organization in a safe-deposit 21 box or any other safekeeping repository in this state in the 22 ordinary course of the holder's business, and proceeds 23 resulting from the sale of the property permitted by law, that 24 has not been claimed by the owner for more than 3 years after 25 the lease or rental period on the box or other repository has 26 expired are presumed unclaimed. 27 Section 87. Subsections (1), (3), (4), and (7) of 28 section 717.117, Florida Statutes, are amended to read: 29 717.117 Report of unclaimed property.-- 30 (1) Every person holding funds or other property, 31 tangible or intangible, presumed unclaimed and subject to 4 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 custody as unclaimed property under this chapter shall report 2 to the department on such forms as the department may 3 prescribe by rule. In lieu of forms, a report identifying 25 4 or more different apparent owners must be submitted by the 5 holder may submit the required information via electronic 6 medium as the department may prescribe by rule. The report 7 must include: 8 (a) Except for traveler's checks and money orders, the 9 name, social security number or taxpayer identification 10 number, and date of birth, if known, and last known address, 11 if any, of each person appearing from the records of the 12 holder to be the owner of any property which is presumed 13 unclaimed and which has a value of $50 or more. 14 (b) For unclaimed funds which have a value of $50 or 15 more held or owing under any life or endowment insurance 16 policy or annuity contract, the full name, taxpayer 17 identification number or social security number, date of 18 birth, if known, and last known address of the insured or 19 annuitant and of the beneficiary according to records of the 20 insurance company holding or owing the funds. 21 (c) For all tangible property held in a safe-deposit 22 box or other safekeeping repository, a description of the 23 property and the place where the property is held and may be 24 inspected by the department, and any amounts owing to the 25 holder. Contents of a safe-deposit box or other safekeeping 26 repository which consist of documents or writings of a private 27 nature and which have little or no apparent value shall not be 28 presumed unclaimed. 29 (d) The nature and identifying number, if any, or 30 description of the property and the amount appearing from the 31 records to be due. Items of value under $50 each may be 5 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 reported in the aggregate. 2 (e) The date the property became payable, demandable, 3 or returnable, and the date of the last transaction with the 4 apparent owner with respect to the property. 5 (f) Any person or business association or public 6 corporation entity holding funds presumed unclaimed and having 7 a total value of $10 or less may file a zero balance report 8 for that reporting period. The balance brought forward to the 9 new reporting period is zero. 10 (g) Such other information as the department may 11 prescribe by rule as necessary for the administration of this 12 chapter. 13 (h) Credit balances, customer overpayments, security 14 deposits, and refunds having a value of less than $10 shall 15 not be presumed unclaimed. 16 (3) The report must be filed before May 1 of each 17 year. Such report shall apply to the preceding calendar year. 18 If such report is not filed on or before the applicable filing 19 date, the holder shall pay to The department may impose and 20 collect a penalty of $10 per day up to a maximum of for each 21 day the report is delinquent, but such penalty shall not 22 exceed $500 for the failure to timely report or the failure to 23 include in a report information required by this chapter. The 24 penalty shall be remitted to the department within 30 days 25 after the date of the notification to the holder that the 26 penalty is due and owing. As necessary for proper 27 administration of this chapter, the department may waive any 28 penalty due with appropriate justification. On written request 29 by any person required to file a report and upon a showing of 30 good cause, the department may postpone the reporting date. 31 The department must provide information contained in a report 6 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 filed with the department to any person requesting a copy of 2 the report or information contained in a report, to the extent 3 the information requested is not confidential, within 90 days 4 after the report has been processed and added to the unclaimed 5 property data base subsequent to a determination that the 6 report is accurate and that the reported property is the same 7 as the remitted property. 8 (4) Holders of inactive accounts having a value of $50 9 or more shall use due diligence to locate apparent owners. 10 (a) When an owner's account becomes inactive, the 11 holder shall conduct at least one search for the apparent 12 owner using due diligence. For purposes of this section, 13 except for banks, credit unions, and state or federal savings 14 associations, an account is inactive if 2 years have 15 transpired after the last owner-initiated account activity, if 16 2 years have transpired after the expiration date on the 17 instrument or contract, or if 2 years have transpired since 18 first-class mail has been returned as undeliverable. With 19 respect to banks, credit unions, and state or federal savings 20 associations, an account is inactive if 2 years have 21 transpired after the last owner-initiated account activity and 22 first-class mail has been returned as undeliverable or 2 years 23 after the expiration date on the instrument or contract and 24 first-class mail has been returned as undeliverable. 25 (b)1. Within 180 days after an account becomes 26 inactive, the holder shall conduct a search to locate the 27 apparent owner of the property. The holder may satisfy such 28 requirement by conducting one annual search for the owners of 29 all accounts which have become inactive during the prior year. 30 (c)2. Within 30 days after receiving updated address 31 information, the holder shall provide notice by telephone or 7 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 first-class mail to the current address notifying the apparent 2 owner that the holder is in possession of property which is 3 presumed unclaimed and may be remitted to the department. The 4 notice shall also provide the apparent owner with the address 5 or the telephone number of an office where the apparent owner 6 may claim the property or reestablish the inactive account. 7 (d) The account shall be presumed unclaimed if the 8 holder is not able to contact the apparent owner by telephone, 9 the first-class mail notice is returned to the holder as 10 undeliverable, or the apparent owner does not contact the 11 holder in response to the first-class mail notice. 12 (b) The claim of the apparent owner is not barred by 13 the statute of limitations. 14 (7)(a) This section does shall not apply to the 15 unclaimed patronage refunds as provided for by contract or 16 through bylaw provisions of entities organized under chapter 17 425. 18 (b) This section does not apply to intangible property 19 held, issued, or owing by a business association subject to 20 the jurisdiction of the United States Surface Transportation 21 Board or its successor federal agency if the apparent owner of 22 such intangible property is a business association. The holder 23 of such property does not have any obligation to report, to 24 pay, or to deliver such property to the department. 25 Section 88. Section 717.118, Florida Statutes, is 26 amended to read: 27 717.118 Notification of apparent owners Notice and 28 publication of lists of unclaimed property.-- 29 (1) It is specifically recognized that the state has 30 an obligation to make an effort to notify owners of unclaimed 31 property in a cost-effective manner. In order to provide all 8 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 the citizens of this state an effective and efficient program 2 for the recovery of unclaimed property, the department shall 3 use cost-effective means to make at least one active attempt 4 to notify owners of unclaimed property accounts valued at more 5 than $100 with a reported address or taxpayer identification 6 number the existence of unclaimed property held by the 7 department. Such active attempt to notify locate apparent 8 owners shall include any attempt by the department to directly 9 contact the owner. Other means of notification, such as 10 publication of the names of owners in the newspaper, on 11 television, on the Internet, or through other promotional 12 efforts and items in which the department does not directly 13 attempt to contact the owner are expressly declared to be 14 passive attempts. Nothing in this subsection precludes other 15 agencies or entities of state government from notifying owners 16 of the existence of unclaimed property or attempting to notify 17 locate apparent owners of unclaimed property. 18 (2) The following notification requirements shall 19 apply: 20 (a) Notifications that are published or televised may 21 consist of the names of apparent owners of unclaimed property, 22 and information regarding recovery of unclaimed property from 23 the department. Such notification may be televised or 24 published in the county in which the last known address of the 25 apparent owner is located or, if the address is unknown, in 26 the county in which the holder has its principal place of 27 business. Published notifications may be in accordance with s. 28 50.011. 29 (b) Notification provided directly to individual 30 apparent owners shall consist of a description of the property 31 and information regarding recovery of unclaimed property from 9 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 the department. 2 (3) The department may publish in the notice any items 3 of more than $100. 4 (3)(4) This section is not applicable to sums payable 5 on traveler's checks, money orders, and other written 6 instruments presumed unclaimed under s. 717.104. 7 Section 89. Subsection (5) of section 717.119, Florida 8 Statutes, is amended to read: 9 717.119 Payment or delivery of unclaimed property.-- 10 (5) All intangible and tangible property held in a 11 safe-deposit box or any other safekeeping repository reported 12 under s. 717.117 shall not be delivered to the department 13 until 120 days after the report due date. The delivery of the 14 property, through the United States mail or any other carrier, 15 shall be insured by the holder at an amount equal to the 16 estimated value of the property. Each package shall be clearly 17 marked on the outside "Deliver Unopened." A holder's 18 safe-deposit box contents shall be delivered to the department 19 in a single shipment. In lieu of a single shipment, holders 20 may provide the department with a single detailed shipping 21 schedule that includes package tracking information for all 22 packages being sent pursuant to this section. 23 (a) Holders may remit the value of cash and coins 24 found in unclaimed safe-deposit boxes to the department by 25 cashier's check or by electronic funds transfer, unless the 26 cash or coins have a value above face value. The department 27 shall identify by rule those cash and coin items having a 28 numismatic value. Cash and coin items identified as having a 29 numismatic value shall be remitted to the department in their 30 original form. 31 (b) Any firearm or ammunition found in an unclaimed 10 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 safe-deposit box or any other safekeeping repository shall be 2 delivered by the holder to a law enforcement agency for 3 disposal. However, the department is authorized to make a 4 reasonable attempt to ascertain the historical value to 5 collectors of any firearm that has been delivered to the 6 department. Any firearm appearing to have historical value to 7 collectors may be sold by the department pursuant to s. 8 717.122 to a person having a federal firearms license. Any 9 firearm which is not sold pursuant to s. 717.122 shall be 10 delivered by the department to a law enforcement agency in 11 this state for disposal. The department shall not be 12 administratively, civilly, or criminally liable for any 13 firearm delivered by the department to a law enforcement 14 agency in this state for disposal. 15 (c) If such property is not paid or delivered to the 16 department on or before the applicable payment or delivery 17 date, the holder shall pay to the department a penalty of $10 18 for each safe-deposit box shipment received late, but such 19 penalty shall not exceed $1,000. The penalty shall be $100 for 20 a safe-deposit box shipment container that is late 30 days or 21 less. Thereafter, the penalty shall be $500 for a safe-deposit 22 box shipment container that is late for each additional 23 successive 30-day period. The penalty assessed against a 24 holder for a late safe-deposit box shipment container shall 25 not exceed $4,000 annually. The penalty shall be remitted to 26 the department within 30 days after the date of the 27 notification to the holder that the penalty is due and owing. 28 (d) The department may waive any penalty due with 29 appropriate justification, as provided by rule. 30 (e) Upon written request by any person required to 31 deliver safe-deposit box contents, the department may postpone 11 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 the delivery. 2 Section 90. Subsection (2) of section 717.1201, 3 Florida Statutes, is amended to read: 4 717.1201 Custody by state; holder relieved from 5 liability; reimbursement of holder paying claim; reclaiming 6 for owner; defense of holder; payment of safe-deposit box or 7 repository charges.-- 8 (2) Any holder who has paid money to the department 9 pursuant to this chapter may make payment to any person 10 appearing to the holder to be entitled to payment and, upon 11 filing proof of payment and proof that the payee is was 12 entitled thereto, the department shall forthwith repay 13 reimburse the holder for the payment without deduction of any 14 fee or other charges. If repayment reimbursement is sought for 15 a payment made on a negotiable instrument, including a 16 traveler's check or money order, the holder must be repaid 17 reimbursed under this subsection upon filing proof that the 18 instrument was duly presented and that the payee is payment 19 was made to a person who appeared to the holder to be entitled 20 to payment. The holder shall be repaid reimbursed for payment 21 made under this subsection even if the payment was made to a 22 person whose claim was barred under s. 717.129(1). 23 Section 91. Subsections (1) and (3) of section 24 717.122, Florida Statutes, are amended, and subsection (5) is 25 added to that section, to read: 26 717.122 Public sale of unclaimed property.-- 27 (1) Except as provided in subsection (2), the 28 department after the receipt of unclaimed property shall sell 29 it to the highest bidder at public sale on the Internet or at 30 a specified physical location wherever in the judgment of the 31 department the most favorable market for the property involved 12 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 exists. The department may decline the highest bid and reoffer 2 the property for sale if in the judgment of the department the 3 bid is insufficient. The department shall have the discretion 4 to withhold from sale any unclaimed property that the 5 department deems to be of benefit to the people of the state. 6 If in the judgment of the department the probable cost of sale 7 exceeds the value of the property, it need not be offered for 8 sale and may be disposed of as the department determines 9 appropriate. Any sale at a specified physical location held 10 under this section must be preceded by a single publication of 11 notice, at least 3 weeks in advance of sale, in a newspaper of 12 general circulation in the county in which the property is to 13 be sold. The department shall proportionately deduct auction 14 fees, preparation costs, and expenses from the amount posted 15 to the owner's account when safe-deposit box contents are 16 sold. No action or proceeding may be maintained against the 17 department for or on account of any decision to decline the 18 highest bid or withhold any unclaimed property from sale. 19 (3) Unless the department deems it to be in the public 20 interest to do otherwise, all securities presumed unclaimed 21 and delivered to the department may be sold upon receipt. Any 22 person making a claim pursuant to this chapter is entitled to 23 receive either the securities delivered to the department by 24 the holder, if they still remain in the hands of the 25 department, or the proceeds received from sale, less any 26 amounts deducted pursuant to subsection (2), but no person has 27 any claim under this chapter against the state, the holder, 28 any transfer agent, any registrar, or any other person acting 29 for or on behalf of a holder for any appreciation in the value 30 of the property occurring after delivery by the holder to the 31 state. 13 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 (5) The sale of unclaimed tangible personal property 2 is not subject to tax under chapter 212 when such property is 3 sold by or on behalf of the department pursuant to this 4 section. 5 Section 92. Subsection (1) of section 717.123, Florida 6 Statutes, is amended to read: 7 717.123 Deposit of funds.-- 8 (1) All funds received under this chapter, including 9 the proceeds from the sale of unclaimed property under s. 10 717.122, shall forthwith be deposited by the department in the 11 Unclaimed Property Trust Fund. The department shall retain, 12 from funds received under this chapter, an amount not 13 exceeding $15 $8 million from which the department shall make 14 prompt payment of claims allowed by the department and shall 15 pay the costs incurred by the department in administering and 16 enforcing this chapter. All remaining funds received by the 17 department under this chapter shall be deposited by the 18 department into the State School Fund. 19 Section 93. Section 717.124, Florida Statutes, is 20 amended to read: 21 717.124 Unclaimed property claims Filing of claim with 22 department.-- 23 (1) Any person, excluding another state, claiming an 24 interest in any property paid or delivered to the department 25 under this chapter may file with the department a claim on a 26 form prescribed by the department and verified by the claimant 27 or the claimant's representative. The claimant's 28 representative must be an attorney licensed to practice law in 29 this state, a licensed Florida-certified public accountant, or 30 a private investigator licensed under chapter 493. The 31 claimant's representative must be registered with the 14 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 department under this chapter. The claimant, or the claimant's 2 representative, shall provide the department with a legible 3 copy of a valid driver's license of the claimant at the time 4 the original claim form is filed. If the claimant has not been 5 issued a valid driver's license at the time the original claim 6 form is filed, the department shall be provided with a legible 7 copy of a photographic identification of the claimant issued 8 by the United States or a foreign nation, a state or territory 9 of the United States or foreign nation, or a political 10 subdivision or agency thereof. In lieu of photographic 11 identification, a notarized sworn statement by the claimant 12 may be provided which affirms the claimant's identity and 13 states the claimant's full name and address. Any claim filed 14 without the required identification or the sworn statement 15 with the original claim form and the original power of 16 attorney, if applicable, is void. 17 (a) Within 90 days after receipt of a claim, the 18 department may return any claim that provides for the receipt 19 of fees and costs greater than that permitted under this 20 chapter or that contains any apparent errors or omissions. The 21 department may also request that the claimant or the 22 claimant's representative provide additional information. The 23 department shall retain a copy or electronic image of the 24 claim. 25 (b) A claimant or the claimant's representative shall 26 be deemed to have withdrawn a claim if no response to the 27 department's request for additional information is received by 28 the department within 60 days after the notification of any 29 apparent errors or omissions. 30 (c) Within 90 days after receipt of the claim, or the 31 response of the claimant or the claimant's representative to 15 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 the department's request for additional information, whichever 2 is later, the department shall determine each claim within 90 3 days after it is filed. Such determination shall contain a 4 notice of rights provided by ss. 120.569 and 120.57. The 5 90-day period shall be extended by 60 days if the department 6 has good cause to need additional time or if the unclaimed 7 property: 8 1. Is owned by a person who has been a debtor in 9 bankruptcy; 10 2. Was reported with an address outside of the United 11 States; 12 3. Is being claimed by a person outside of the United 13 States; or 14 4. Contains documents filed in support of the claim 15 that are not in the English language and have not been 16 accompanied by an English language translation. 17 (d) The department shall deny any claim under which 18 the claimant's representative has refused to authorize the 19 department to reduce the fees and costs to the maximum 20 permitted under this chapter. 21 (2) A claim for a cashier's check or a stock 22 certificate without the original instrument may require an 23 indemnity bond equal to the value of the claim to be provided 24 prior to issue of the stock or payment of the claim by the 25 department. 26 (3) The department may require an affidavit swearing 27 to the authenticity of the claim, lack of documentation, and 28 an agreement to allow the department to provide the name and 29 address of the claimant to subsequent claimants coming forward 30 with substantiated proof to claim the account. This shall 31 apply to claims equal to or less than $250. The exclusive 16 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 remedy of a subsequent claimant to the property shall be 2 against the person who received the property from the 3 department. 4 (4)(a) Except as otherwise provided in this chapter, 5 if a claim is determined in favor of the claimant, the 6 department shall deliver or pay over to the claimant the 7 property or the amount the department actually received or the 8 proceeds if it has been sold by the department, together with 9 any additional amount required by s. 717.121. 10 (b)(5)(a) If an owner authorizes an attorney licensed 11 to practice law in this state, Florida-certified public 12 accountant, or private investigator licensed under chapter 13 493, and registered with the department under this chapter, 14 investigative agency which is duly licensed to do business in 15 this state to claim the unclaimed property on the owner's 16 behalf, the department is authorized to make distribution of 17 the property or money in accordance with such power of 18 attorney. The original power of attorney must be executed by 19 the owner and must be filed with the department. 20 (c)(b)1. Payments of approved claims for unclaimed 21 cash accounts shall be made to the owner after deducting any 22 fees and costs authorized pursuant to a written power of 23 attorney. The contents of a safe-deposit box shall be 24 delivered directly to the claimant notwithstanding any 25 agreement to the contrary. 26 2. Payments of fees and costs authorized pursuant to a 27 written power of attorney for approved cash claims shall be 28 made or issued forwarded to the law firm employer of the 29 designated attorney licensed to practice law in this state, 30 the public accountancy firm employer of the licensed 31 Florida-certified public accountant, or the designated 17 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 employing private investigative agency licensed by this state. 2 Such payments shall may be made by electronic funds transfer 3 and may be made on such periodic schedule as the department 4 may define by rule, provided the payment intervals do not 5 exceed 31 days. Payment made to an attorney licensed in this 6 state, a Florida-certified public accountant, or a private 7 investigator licensed under chapter 493, operating 8 individually or as a sole practitioner, shall be to the 9 attorney, certified public accountant, or private 10 investigator. 11 3. Payments of approved claims for unclaimed 12 securities and other intangible ownership interests made to an 13 attorney, Florida-certified public accountant, or private 14 investigative agency shall be promptly deposited into a trust 15 or escrow account which is regularly maintained by the 16 attorney, Florida-certified public accountant, or the private 17 investigative agency in a financial institution authorized to 18 accept such deposits and located in this state. 19 (c) Distribution of unclaimed property by the 20 attorney, Florida-certified public accountant, or private 21 investigative agency to the claimant shall be made within 10 22 days following final credit of the deposit into the trust or 23 escrow account at the financial institution, unless a party to 24 the agreement protests in writing such distribution before it 25 is made. 26 (5)(6) The department shall not be administratively, 27 civilly, or criminally liable for any property or funds 28 distributed pursuant to this section, provided such 29 distribution is made in good faith. 30 (6) This section does not supersede the licensing 31 requirements of chapter 493. 18 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 Section 94. 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 19 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 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 95. 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 (2) Claims on behalf of a dissolved corporation, a 20 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 business entity other than an active corporation, or a trust 2 must include a legible copy of a valid driver's license of the 3 person acting on behalf of the dissolved corporation, business 4 entity other than an active corporation, or trust. If the 5 person has not been issued a valid driver's license, the 6 department shall be provided with a legible copy of a 7 photographic identification of the person issued by the United 8 States or a foreign nation, or a political subdivision or 9 agency thereof. In lieu of photographic identification, a 10 notarized sworn statement by the person may be provided which 11 affirms the person's identity and states the person's full 12 name and address. Any claim filed without the required 13 identification or the sworn statement with the original claim 14 form and the original power of attorney, if applicable, is 15 void. 16 Section 96. Section 717.12405, Florida Statutes, is 17 created to read: 18 717.12405 Claims by estates.--An estate or any person 19 representing an estate or acting on behalf of an estate may 20 claim unclaimed property only after the heir or legatee of the 21 decedent entitled to the property has been located. Any 22 estate, or any person representing an estate or acting on 23 behalf of an estate, that receives unclaimed property before 24 the heir or legatee of the decedent entitled to the property 25 has been located, is personally liable for the unclaimed 26 property and must immediately return the full amount of the 27 unclaimed property or the value thereof to the department in 28 accordance with s. 717.1341. 29 Section 97. Subsection (1) of section 717.1241, 30 Florida Statutes, is amended, and subsection (3) is added to 31 said section, to read: 21 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 717.1241 Conflicting claims.-- 2 (1) When ownership has been established but 3 conflicting claims have been received by the department, the 4 property shall be remitted as follows, notwithstanding the 5 withdrawal of a claim to the: 6 (a) As between an owner and an owner's representative: 7 1. To the person submitting the first claim that is 8 complete or made complete received by the department; or 9 2. If an owner's claim and an owner's representative's 10 claim are received by the department on the same day and both 11 claims are complete, to the owner; 12 (b) As between two or more owner's representatives, to 13 the owner's representative who has submitted the first claim 14 that is complete or made complete Owner if an owner's claim 15 and an owner's representative's claim are received by the 16 department on the same day; or 17 (c) As between two or more owner's representatives 18 whose claims were complete on the same day, to the owner's 19 representative who has agreed to receive the lowest fee. If 20 two or more owner's representatives whose claims were complete 21 on the same day are charging the same lowest fee, the fees 22 shall be divided equally between the owner's representatives 23 Owner's representative who has the earliest dated contract 24 with the owner if claims by two or more owner's 25 representatives are received by the department on the same 26 day. 27 (3) A claim is complete when entitlement to the 28 unclaimed property has been established. 29 Section 98. Subsection (1) of section 717.1242, 30 Florida Statutes, is amended to read: 31 717.1242 Restatement of jurisdiction of the circuit 22 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 court sitting in probate and the department.-- 2 (1) It is and has been the intent of the Legislature 3 that, pursuant to s. 26.012(2)(b), circuit courts have 4 jurisdiction of proceedings relating to the settlement of the 5 estates of decedents and other jurisdiction usually pertaining 6 to courts of probate. It is and has been the intent of the 7 Legislature that, pursuant to s. 717.124, the department 8 determines the merits of claims for property paid or delivered 9 to the department under this chapter. Consistent with this 10 legislative intent, any estate or beneficiary, as defined in 11 s. 731.201, heir of an estate seeking to obtain property paid 12 or delivered to the department under this chapter must file a 13 claim with the department as provided in s. 717.124. 14 Section 99. Section 717.1244, Florida Statutes, is 15 created to read: 16 717.1244 Determinations of unclaimed property 17 claims.--In rendering a determination regarding the merits of 18 an unclaimed property claim, the department shall rely on the 19 applicable statutory, regulatory, common, and case law. Agency 20 statements applying the statutory, regulatory, common, and 21 case law to unclaimed property claims are not agency 22 statements subject to s. 120.56(4). 23 Section 100. Section 717.126, Florida Statutes, is 24 amended to read: 25 717.126 Administrative hearing; burden of proof; proof 26 of entitlement; venue.-- 27 (1) Any person aggrieved by a decision of the 28 department may petition for a hearing as provided in ss. 29 120.569 and 120.57. In any proceeding for determination of a 30 claim to property paid or delivered to the department under 31 this chapter, the burden shall be upon the claimant to 23 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 establish entitlement to the property by a preponderance of 2 evidence. Having the same name as that reported to the 3 department is not sufficient, in the absence of other 4 evidence, to prove entitlement to unclaimed property. 5 (2) Unless otherwise agreed by the parties, venue 6 shall be in Tallahassee, Leon County, Florida. However, upon 7 the request of a party, the presiding officer may, in the 8 presiding officer's discretion, conduct the hearing at an 9 alternative remote video location. 10 Section 101. Section 717.1261, Florida Statutes, is 11 created to read: 12 717.1261 Death certificates.--Any person who claims 13 entitlement to unclaimed property by means of the death of one 14 or more persons shall file a copy of the death certificate of 15 the decedent or decedents that has been certified as being 16 authentic by the issuing governmental agency. 17 Section 102. Section 717.1262, Florida Statutes, is 18 created to read: 19 717.1262 Court documents.--Any person who claims 20 entitlement to unclaimed property by reason of a court 21 document shall file a certified copy of the court document 22 with the department. 23 Section 103. Subsections (1) and (6) of section 24 717.1301, Florida Statutes, are amended to read: 25 717.1301 Investigations; examinations; subpoenas.-- 26 (1) The department may make investigations and 27 examinations within or outside this state of claims, reports, 28 and other records within or outside this state as it deems 29 necessary to administer and enforce the provisions of this 30 chapter. In such investigations and examinations the 31 department may administer oaths, examine witnesses, issue 24 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 subpoenas, and otherwise gather evidence. The department may 2 request any person who has not filed a report under s. 717.117 3 to file a verified report stating whether or not the person is 4 holding any unclaimed property reportable or deliverable under 5 this chapter. 6 (6) If an investigation or an examination of the 7 records of any person results in the disclosure of property 8 reportable and deliverable under this chapter, the department 9 may assess the cost of investigation or the examination 10 against the holder at the rate of $100 per 8-hour day for each 11 per investigator or examiner. Such fee shall be calculated on 12 an hourly basis and shall be rounded to the nearest hour. The 13 person shall also pay the travel expense and per diem 14 subsistence allowance provided for state employees in s. 15 112.061. The person shall not be required to pay a per diem 16 fee and expenses of an examination or investigation which 17 shall consume more than 30 worker-days in any one year unless 18 such examination or investigation is due to fraudulent 19 practices of the person, in which case such person shall be 20 required to pay the entire cost regardless of time consumed. 21 The fee shall be remitted to the department within 30 days 22 after the date of the notification that the fee is due and 23 owing. Any person who fails to pay the fee within 30 days 24 after the date of the notification that the fee is due and 25 owing shall pay to the department interest at the rate of 12 26 percent per annum on such fee from the date of the 27 notification. 28 Section 104. Subsection (2) of section 717.1315, 29 Florida Statutes, is amended to read: 30 717.1315 Retention of records by owner's 31 representative.-- 25 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 (2) An owner's representative, operating at two or 2 more places of business in this state, may maintain the books, 3 accounts, and records of all such offices at any one of such 4 offices, or at any other office maintained by such owner's 5 representative, upon the filing of a written notice with the 6 department designating in the written notice the office at 7 which such records are maintained. 8 (3) An However, the owner's representative shall make 9 all books, accounts, and records available at a convenient 10 location in this state upon request of the department. 11 Section 105. Subsection (2) of section 717.132, 12 Florida Statutes, is amended to read: 13 717.132 Enforcement; cease and desist orders; 14 administrative fines.-- 15 (2) In addition to any other powers conferred upon it 16 to enforce and administer the provisions of this chapter, the 17 department may issue and serve upon a person an order to cease 18 and desist and to take corrective action whenever the 19 department finds that such person is violating, has violated, 20 or is about to violate any provision of this chapter, any rule 21 or order promulgated under this chapter, or any written 22 agreement entered into with the department. For purposes of 23 this subsection, the term "corrective action" includes 24 refunding excessive charges, requiring a person to return 25 unclaimed property, requiring a holder to remit unclaimed 26 property, and requiring a holder to correct a report that 27 contains errors or omissions. Any such order shall contain a 28 notice of rights provided by ss. 120.569 and 120.57. 29 Section 106. Section 717.1322, Florida Statutes, is 30 created to read: 31 717.1322 Administrative enforcement.-- 26 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 (1) The following acts are violations of this chapter 2 and constitute grounds for an administrative enforcement 3 action by the department in accordance with the requirements 4 of chapter 120: 5 (a) Failure to comply with any provision of this 6 chapter, any rule or order adopted under this chapter, or any 7 written agreement entered into with the department. 8 (b) Fraud, misrepresentation, deceit, or gross 9 negligence in any matter within the scope of this chapter. 10 (c) Fraudulent misrepresentation, circumvention, or 11 concealment of any matter required to be stated or furnished 12 to an owner or apparent owner under this chapter, regardless 13 of reliance by or damage to the owner or apparent owner. 14 (d) Willful imposition of illegal or excessive charges 15 in any unclaimed property transaction. 16 (e) False, deceptive, or misleading solicitation or 17 advertising within the scope of this chapter. 18 (f) Failure to maintain, preserve, and keep available 19 for examination all books, accounts, or other documents 20 required by this chapter, by any rule or order adopted under 21 this chapter, or by any agreement entered into with the 22 department under this chapter. 23 (g) Refusal to permit inspection of books and records 24 in an investigation or examination by the department or 25 refusal to comply with a subpoena issued by the department 26 under this chapter. 27 (h) Criminal conduct in the course of a person's 28 business. 29 (i) Failure to timely pay any fine imposed or assessed 30 under this chapter or any rule adopted under this chapter. 31 (j) For compensation or gain or in the expectation of 27 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 compensation or gain, the filing of a claim for unclaimed 2 property owned by another unless such person is a registered 3 attorney licensed to practice law in this state, registered 4 public accountant certified in this state, or a registered 5 private investigator licensed under chapter 493. This 6 subsection does not apply to a person who has been granted a 7 durable power of attorney to convey and receive all of the 8 real and personal property of the owner, is the 9 court-appointed guardian of the owner, has been employed as an 10 attorney or qualified representative to contest the 11 department's denial of a claim, has been employed as an 12 attorney or qualified representative to contest the 13 department's denial of a claim, or has been employed as an 14 attorney to probate the estate of the owner or an heir or 15 legatee of the owner. 16 (k) Failure to authorize the release of records in the 17 possession of a third party after being requested to do so by 18 the department regarding a pending examination or 19 investigation. 20 (l) Receipt or solicitation of consideration to be 21 paid in advance of the approval of a claim under this chapter. 22 (2) Upon a finding by the department that any person 23 has committed any of the acts set forth in subsection (1), the 24 department may enter an order: 25 (a) Revoking or suspending a registration previously 26 granted under this chapter; 27 (b) Placing a registrant or an applicant for a 28 registration on probation for a period of time and subject to 29 such conditions as the department may specify; 30 (c) Placing permanent restrictions or conditions upon 31 issuance or maintenance of a registration under this chapter; 28 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 (d) Issuing a reprimand; 2 (e) Imposing an administrative fine not to exceed 3 $2,000 for each such act; or 4 (f) Prohibiting any person from being a director, 5 officer, agent, employee, or ultimate equitable owner of a 6 10-percent or greater interest in an employer of a registrant. 7 (3) A registrant is subject to the disciplinary 8 actions specified in subsection (2) for violations of 9 subsection (1) by an agent or employee of the registrant's 10 employer if the registrant knew or should have known that such 11 agent or employee was violating any provision of this chapter. 12 (4)(a) The department shall adopt, by rule, and 13 periodically review the disciplinary guidelines applicable to 14 each ground for disciplinary action which may be imposed by 15 the department under this chapter. 16 (b) The disciplinary guidelines shall specify a 17 meaningful range of designated penalties based upon the 18 severity or repetition of specific offenses, or both. It is 19 the legislative intent that minor violations be distinguished 20 from more serious violations; that such guidelines consider 21 the amount of the claim involved, the complexity of locating 22 the owner, the steps taken to ensure the accuracy of the claim 23 by the person filing the claim, the acts of commission and 24 omission of the ultimate owners in establishing themselves as 25 rightful owners of the funds, the acts of commission or 26 omission of the agent or employee of an employer in the filing 27 of the claim, the actual knowledge of the agent, employee, 28 employer, or owner in the filing of the claim, the departure, 29 if any, by the agent or employee from the internal controls 30 and procedures established by the employer with regard to the 31 filing of a claim, the number of defective claims previously 29 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 filed by the agent, employee, employer, or owner; that such 2 guidelines provide reasonable and meaningful notice of likely 3 penalties that may be imposed for proscribed conduct; and that 4 such penalties be consistently applied by the department. 5 (c) A specific finding of mitigating or aggravating 6 circumstances shall allow the department to impose a penalty 7 other than that provided for in such guidelines. The 8 department shall adopt by rule disciplinary guidelines to 9 designate possible mitigating and aggravating circumstances 10 and the variation and range of penalties permitted for such 11 circumstances. Such mitigating and aggravating circumstances 12 shall also provide for consideration of, and be consistent 13 with, the legislative intent expressed in paragraph (b). 14 (d) In any proceeding brought under this chapter, the 15 administrative law judge, in recommending penalties in any 16 recommended order, shall follow the penalty guidelines 17 established by the department and shall state in writing any 18 mitigating or aggravating circumstances upon which the 19 recommended penalty is based. 20 (5) The department may seek any appropriate civil 21 legal remedy available to it by filing a civil action in a 22 court of competent jurisdiction against any person who has, 23 directly or through an owner's representative, wrongfully 24 submitted a claim as the ultimate owner of property and 25 improperly received funds from the department in violation of 26 this chapter. 27 Section 107. Section 717.1331, Florida Statutes, is 28 created to read: 29 717.1331 Actions against holders.--The department may 30 initiate, or cause to be initiated, an action against a holder 31 to recover unclaimed property. If the department prevails in a 30 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 civil or administrative action to recover unclaimed property 2 initiated by or on behalf of the department, the holder shall 3 be ordered to pay the department reasonable costs and 4 attorney's fees. 5 Section 108. Section 717.1333, Florida Statutes, is 6 created to read: 7 717.1333 Evidence; audit reports; examiner's 8 worksheets, investigative reports, other related 9 documents.--In any proceeding involving a holder under ss. 10 120.569 and 120.57 in which an auditor, examiner, or 11 investigator acting under authority of this chapter is 12 available for cross-examination, any official written report, 13 worksheet, or other related paper, or copy thereof, compiled, 14 prepared, drafted, or otherwise made or received by the 15 auditor, examiner, or investigator, after being duly 16 authenticated by the auditor, examiner, or investigator, may 17 be admitted as competent evidence upon the oath of the 18 auditor, examiner, or investigator that the report, worksheet, 19 or related paper was prepared or received as a result of an 20 audit, examination, or investigation of the books and records 21 of the person audited, examined, or investigated, or the agent 22 thereof. 23 Section 109. Subsection (5) is added to section 24 717.134, Florida Statutes, to read: 25 717.134 Penalties and interest.-- 26 (5) The department may impose and collect a penalty of 27 $500 per day up to a maximum of $5,000 and 25 percent of the 28 value of property willfully not reported with all of the 29 information required by this chapter. Upon a holder's showing 30 of good cause, the department may waive the penalty or any 31 portion thereof. If the holder acted in good faith and without 31 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 negligence, the department shall waive the penalty provided 2 herein. 3 Section 110. Section 717.1341, Florida Statutes, is 4 created to read: 5 717.1341 Invalid claims, recovery of property, 6 interest and penalties.-- 7 (1)(a) No person shall receive unclaimed property that 8 the person is not entitled to receive. Any person who 9 receives, or assists another person to receive, unclaimed 10 property that the person is not entitled to receive is 11 strictly, jointly, personally, and severally liable for the 12 unclaimed property and shall immediately return the property, 13 or the reasonable value of the property if the property has 14 been damaged or disposed of, to the department plus interest 15 at the rate set annually in accordance with s. 55.03(1). 16 Assisting another person to receive unclaimed property 17 includes executing a claim form on the person's behalf. 18 (b)1. In the case of stocks or bonds which have been 19 sold, the proceeds from the sale shall be returned to the 20 department plus any dividends or interest received thereon 21 plus an amount equal to the brokerage fee plus interest at a 22 rate set annually in accordance with s. 55.03(1) on the 23 proceeds from the sale of the stocks or bonds, the dividends 24 or interest received, and the brokerage fee. 25 2. In the case of stocks or bonds which have not been 26 sold, the stocks or bonds and any dividends or interest 27 received thereon shall be returned to the department, together 28 with interest on the dividends or interest received, at a rate 29 set annually in accordance with s. 55.03(1) of the value of 30 the property. 31 (2) The department may maintain a civil or 32 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 administrative action: 2 (a) To recover unclaimed property that was paid or 3 remitted to a person who was not entitled to the unclaimed 4 property or to offset amounts owed to the department against 5 amounts owed to an owner representative; 6 (b) Against a person who assists another person in 7 receiving, or attempting to receive, unclaimed property that 8 the person is not entitled to receive; or 9 (c) Against a person who attempts to receive unclaimed 10 property that the person is not entitled to receive. 11 (3) If the department prevails in any proceeding under 12 subsection (2), a fine not to exceed three times the value of 13 the property received or sought to be received may be imposed 14 on any person who knowingly, or with reckless disregard or 15 deliberate ignorance of the truth, violated this section. If 16 the department prevails in a civil or administrative 17 proceeding under subsection (2), the person who violated 18 subsection (1) shall be ordered to pay the department 19 reasonable costs and attorney's fees. 20 (4) No person shall knowingly file, knowingly conspire 21 to file, or knowingly assist in filing, a claim for unclaimed 22 property the person is not entitled to receive. Any person who 23 violates this subsection regarding unclaimed property of an 24 aggregate value: 25 (a) Greater than $50,000, is guilty of a felony of the 26 first degree, punishable as provided in s. 775.082, s. 27 775.083, or s. 775.084; 28 (b) Greater than $10,000 up to $50,000, is guilty of a 29 felony of the second degree, punishable as provided in s. 30 775.082, s. 775.083, or s. 775.084; 31 (c) Greater than $250 up to $10,000, is guilty of a 33 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 felony of the third degree, punishable as provided in s. 2 775.082, s. 775.083, or s. 775.084; 3 (d) Greater than $50 up to $250, is guilty of a 4 misdemeanor of the first degree, punishable as provided in s. 5 775.082 or s. 775.083; or 6 (e) Up to $50, is guilty of a misdemeanor of the 7 second degree, punishable as provided in s. 775.082 or s. 8 775.083. 9 Section 111. Section 717.135, Florida Statutes, is 10 amended to read: 11 717.135 Agreement to recover locate reported property 12 in the custody of the department.-- 13 (1) All agreements between a claimant's an owner's 14 representative and a claimant an owner for compensation to 15 recover or assist in the recovery of property reported to the 16 department under s. 717.117 shall be in 11-point type or 17 greater and either: 18 (a) Limit the fees and costs for services for each 19 owner contract to $25 for all contracts relating to unclaimed 20 property with a dollar value below $250. For all contracts 21 relating to unclaimed property with a dollar value of $250 and 22 above, fees shall be limited to 20 15 percent per unclaimed on 23 property account held by the department for 24 months or less 24 and 25 percent on property held by the department for more 25 than 24 months. Fees and costs for cash accounts shall be 26 based on the value of the property at the time the agreement 27 for recovery is signed by the claimant apparent owner. Fees 28 and costs for accounts containing securities or other 29 intangible ownership interests, which securities or interests 30 are not converted to cash, shall be based on the purchase 31 price of the security as quoted on a national exchange or 34 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 other market on which the property ownership interest is 2 regularly traded at the time the securities or other ownership 3 interest is remitted to the claimant owner or the claimant's 4 owner's representative. Fees and costs for tangible property 5 or safe-deposit box accounts shall be based on the value of 6 the tangible property or contents of the safe-deposit box at 7 the time the ownership interest is transferred or remitted to 8 the claimant owner or the owner's representative; or 9 (b) Disclose, on such form as the department shall 10 prescribe by rule, that the property is held by the Bureau of 11 Unclaimed Property of the Department of Financial Services 12 pursuant to this chapter, the person or name of the entity 13 that held the property prior to the property becoming 14 unclaimed, the date of the holder's last contact with the 15 owner, if known, and the approximate value of the property, 16 and identify which of the following categories of unclaimed 17 property the owner's representative is seeking to recover, as 18 reported by the holder: 19 1. Cash accounts. 20 2. Stale dated checks. 21 3. Life insurance or annuity contract assets. 22 4. Utility deposits. 23 5. Securities or other interests in business 24 associations. 25 6. Wages. 26 7. Accounts receivable. 27 8. Contents of safe-deposit boxes. 28 29 Such disclosure shall be on a page signed and dated by the 30 person asserting entitlement to the unclaimed property. 31 However, paragraph (1)(a) or (b) this section shall not apply 35 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 if probate proceedings must be initiated on behalf of the 2 claimant for an estate that has never been probated to 3 contracts made in connection with guardianship proceedings or 4 the probate of an estate. 5 (2)(a) Agreements for recovery of cash accounts shall 6 state the value of the unclaimed property, the unclaimed 7 property account number, and the percentage dollar value of 8 the unclaimed property account to be paid to the claimant 9 owner and shall also state the percentage dollar value of 10 compensation to be paid to the claimant's owner's 11 representative. 12 (b) Agreements for recovery of accounts containing 13 securities, safe-deposit box accounts, other intangible or 14 tangible ownership interests, or other types of accounts, 15 except cash accounts, shall state the unclaimed property 16 account number, the number of shares of stock, if applicable, 17 the approximate value of the unclaimed property, and the 18 percentage value of compensation to be paid to the claimant's 19 owner's representative. 20 (c) All disclosures and agreements shall include the 21 name, address, and professional license number of the 22 claimant's owner's representative, and, if available, the 23 taxpayer identification number or social security number, 24 address, and telephone number of the claimant owner. The 25 original of all such disclosures and agreements to pay 26 compensation shall be signed and dated by the claimant owner 27 of the property and shall be filed by the owner's 28 representative with the claim form. 29 (d) All agreements between a claimant's representative 30 and a claimant, who is a natural person, trust, or a dissolved 31 corporation, for compensation to recover or assist in the 36 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 recovery of property reported to the department under s. 2 717.117 must use the following form on 8 and 1/2 inch by 11 3 inch paper or on 8 and 1/2 inch by 14 inch paper with all of 4 the text on one side of the paper and with the other side of 5 the paper left blank; except that, at the option of the owner 6 representative, the department disclosure form may be placed 7 on the reverse side of the agreement. The agreement must be 8 accurately completed and executed. No other writing or 9 information shall be printed on the agreement. The title of 10 the agreement shall be in bold 14-point type and underlined. 11 The rest of the agreement shall be in 10-point type or 12 greater. All unclaimed property accounts claimed must be 13 identified on the agreement. The agreement must state: 14 RECOVERY AGREEMENT 15 $__________= APPROXIMATE DOLLAR VALUE OF UNCLAIMED PROPERTY 16 NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF 17 APPLICABLE):________ 18 PROPERTY ACCOUNT NUMBERS:____________________ 19 __________PERCENT TO BE PAID AS COMPENSATION TO THE CLAIMANT'S 20 REPRESENTATIVE 21 $__________= NET AMOUNT TO BE PAID TO CLAIMANT 22 $__________= AMOUNT TO BE PAID TO CLAIMANT'S REPRESENTATIVE 23 24 25 THIS AGREEMENT is between: 26 _____________________________________________________________ 27 (hereinafter, CLAIMANT) 28 and__________________________________________________________ 29 (hereinafter, CLAIMANT'S REPRESENTATIVE) 30 who agree to the following: 31 (1) As consideration for the research efforts in 37 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 locating and identifying assets due to the CLAIMANT and for 2 assistance in procuring payment of the assets to the CLAIMANT, 3 the CLAIMANT authorizes the government to pay to the 4 CLAIMANT'S REPRESENTATIVE a fee of either: 5 (a) _______ percent of all assets recovered, or 6 (b) A flat fee of $ _________ to recover the unclaimed 7 property account identified above. 8 9 NO FEES ARE TO BE PAID IN ADVANCE. 10 (2) I have read this agreement and in consideration 11 thereof, do hereby grant the CLAIMANT'S REPRESENTATIVE a 12 limited power of attorney to demand, collect, recover and 13 receive the above compensation from the government in 14 accordance with this agreement. 15 (3) IT IS HEREBY ACKNOWLEDGED BY ALL PARTIES TO THIS 16 AGREEMENT THAT UNLESS THESE ASSETS ARE RECOVERED, NO FEES, NO 17 COSTS OR CHARGES ARE DUE TO THE CLAIMANT'S REPRESENTATIVE, ITS 18 AGENTS OR ATTORNEYS, AND THIS AGREEMENT WILL BECOME NULL AND 19 VOID. 20 Original Signature of CLAIMANT:______________________________ 21 DATE:__________________________ 22 CLAIMANT'S Social Security Number or FEID number:____________ 23 Make the CLAIMANT'S check payable to:________________________ 24 Mail check to this address:__________________________________ 25 _____________________________________________________________ 26 The CLAIMANT'S telephone number is:__________________________ 27 Original Signature of CLAIMANT'S REPRESENTATIVE:_____________ 28 FEID Number of CLAIMANT'S REPRESENTATIVE:____________________ 29 DATE:________________________ 30 Address of CLAIMANT'S REPRESENTATIVE:________________________ 31 _____________________________________________________________ 38 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 Telephone number of CLAIMANT'S REPRESENTATIVE:_______________ 2 Professional license number of CLAIMANT'S REPRESENTATIVE: 3 ____________________ 4 (e) All fees, whether expressed as a percentage or as 5 a flat fee, are subject to the limitations and requirements of 6 subsection (1). 7 (3) As used in this section, "claimant" means the 8 person on whose behalf a claim is filed. 9 (4) This section does not supersede the licensing 10 requirements of chapter 493. 11 Section 112. Section 717.1351, Florida Statutes, is 12 created to read: 13 717.1351 Acquisition of unclaimed property.-- 14 (1) A person desiring to acquire ownership or 15 entitlement of property reported to the department under s. 16 717.117 must be an attorney licensed to practice law in this 17 state, a licensed Florida-certified public accountant, a 18 private investigator licensed under chapter 493, or an 19 employer of a licensed private investigator which employer 20 possesses a Class "A" license under chapter 493 and must be 21 registered with the department under this chapter. 22 (2) All contracts to acquire ownership or entitlement 23 of unclaimed property from the person or persons entitled to 24 the unclaimed property must be in 10-point type or greater and 25 must: 26 (a) Have a purchase price that discounts the value of 27 the unclaimed property at the time the agreement is executed 28 by the seller at no greater than 20 percent per account held 29 by the department; or 30 (b) Disclose, on such form as the department shall 31 prescribe by rule, that the property is held by the Bureau of 39 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 Unclaimed Property of the Department of Financial Services 2 pursuant to this chapter, the person or name of the entity 3 that held the property prior to the property becoming 4 unclaimed, the date of the holder's last contact with the 5 owner, if known, and the approximate value of the property, 6 and identify which of the following categories of unclaimed 7 property buyer is seeking to purchase as reported by the 8 holder: 9 1. Cash accounts. 10 2. Stale dated checks. 11 3. Life insurance or annuity contract assets. 12 4. Utility deposits. 13 5. Securities or other interests in business 14 associations. 15 6. Wages. 16 7. Accounts receivable. 17 8. Contents of safe-deposit boxes. 18 19 Such disclosure shall be on a page signed and dated by the 20 seller of the unclaimed property. 21 (3) The originals of all such disclosures and 22 agreements to transfer ownership or entitlement to unclaimed 23 property shall be signed and dated by the seller and shall be 24 filed with the claim form. The claimant shall provide the 25 department with a legible copy of a valid driver's license of 26 the seller at the time the original claim form is filed. If a 27 seller has not been issued a valid driver's license at the 28 time the original claim form is filed, the department shall be 29 provided with a legible copy of a photographic identification 30 of the seller issued by the United States or a foreign nation, 31 a state or territory of the United States or foreign nation, 40 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 or a political subdivision or agency thereof. In lieu of 2 photographic identification, a notarized sworn statement by 3 the seller may be provided which affirms the seller's identity 4 and states the seller's full name and address. If a claim is 5 filed without the required identification or the sworn 6 statement with the original claim form and the original 7 agreement to acquire ownership or entitlement to the unclaimed 8 property, the claim is void. 9 (4) Any contract to acquire ownership or entitlement 10 of unclaimed property from the person or persons entitled to 11 the unclaimed property must provide for the purchase price to 12 be remitted to the seller or sellers within 10 days after the 13 execution of the contract by the seller or sellers. The 14 contract must specify the unclaimed property account number, 15 the value of the unclaimed property account, and the number of 16 shares of stock, if applicable. Proof of payment by check must 17 be filed with the department with the claim. 18 (5) All agreements to purchase unclaimed property from 19 an owner, who is a natural person, a trust, or a dissolved 20 corporation must use the following form on 8 and 1/2 inch by 21 11 inch paper or on 8 and 1/2 inch by 14 inch paper with all 22 of the text on one side of the paper and with the other side 23 of the paper left blank; except that, at the option of the 24 owner representative, the department disclosure form may be 25 placed on the reverse side of the agreement. The agreement 26 must be accurately completed and executed. No other writing or 27 information shall be printed on the agreement. The title of 28 the agreement shall be in bold 14-point type and underlined. 29 The rest of the agreement shall be in 10-point type or 30 greater. All unclaimed property accounts to be purchased must 31 be identified on the agreement. The agreement must state: 41 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 PURCHASE AGREEMENT 2 $__________= APPROXIMATE DOLLAR VALUE OF THE UNCLAIMED 3 PROPERTY 4 PROPERTY ACCOUNT NUMBER(S):____________________ 5 NUMBER OF SHARES OF STOCK TO BE RECOVERED (IF 6 APPLICABLE):________ 7 __________PERCENT OF UNCLAIMED PROPERTY TO BE PAID TO THE 8 BUYER 9 $__________= NET AMOUNT TO BE PAID TO OWNER 10 $__________= AMOUNT TO BE PAID TO BUYER 11 THIS AGREEMENT is between: 12 _____________________________________________________________ 13 (hereinafter, OWNER) 14 and_________________________________________________________ 15 (hereinafter, BUYER) 16 who agree that the OWNER transfers to the BUYER for a purchase 17 price of $________all rights to the above identified unclaimed 18 property accounts. 19 Original Signature of OWNER:____________________DATE:________ 20 OWNER'S Social Security Number or FEID number:_______________ 21 Within 10 days after the execution of this Purchase Agreement 22 by the Owner, Buyer shall remit the OWNER'S check payable to: 23 _____________________________________________________________ 24 Mail check to this address:__________________________________ 25 _____________________________________________________________ 26 _____________________________________________________________ 27 The OWNER'S telephone number is:_____________________________ 28 Original Signature of BUYER:_________________________________ 29 FEID Number of BUYER:___________________________DATE:________ 30 Address of BUYER:____________________________________________ 31 _____________________________________________________________ 42 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 Telephone number of BUYER: __________________________________ 2 Professional license number of BUYER:________________________ 3 (6) This section does not supersede the licensing 4 requirements of chapter 493. 5 Section 113. Section 717.1400, Florida Statutes, is 6 created to read: 7 717.1400 Registration.-- 8 (1) In order to file claims as a claimant's 9 representative, acquire ownership or entitlement to unclaimed 10 property, receive a distribution of fees and costs from the 11 department, and obtain unclaimed property dollar amounts, the 12 number of reported shares of stock, and the last four digits 13 of social security numbers held by the department, a private 14 investigator holding a Class "C" individual license under 15 chapter 493 must register with the department on such form as 16 the department shall prescribe by rule, and verified by the 17 applicant. To register with the department, a private 18 investigator must provide: 19 (a) A legible copy of the applicant's Class "A" 20 business license under chapter 493 or that of the applicant's 21 employer which holds a Class "A" business license under 22 chapter 493. 23 (b) A legible copy of the applicant's Class "C" 24 individual license issued under chapter 493. 25 (c) The applicant's business address and telephone 26 number. 27 (d) The names of agents or employees, if any, who are 28 designated to act on behalf of the private investigator 29 together with a legible copy of their photo-identification 30 issued by an agency of the United States, or a state, or a 31 political subdivision thereof. 43 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 (e) Sufficient information to enable the department to 2 disburse funds by electronic funds transfer. 3 (f) The tax identification number of the private 4 investigator's employer which holds a Class "A" business 5 license under chapter 493. 6 (2) In order to file claims as a claimant's 7 representative, acquire ownership or entitlement to unclaimed 8 property, receive a distribution of fees and costs from the 9 department, and obtain unclaimed property dollar amounts, the 10 number of reported shares of stock, and the last four digits 11 of social security numbers held by the department, a 12 Florida-certified public accountant must register with the 13 department on such form as the department shall prescribe by 14 rule, and must be verified by the applicant. To register with 15 the department a Florida-certified public accountant must 16 provide: 17 (a) The applicant's Florida Board of Accountancy 18 number. 19 (b) A legible copy of the applicant's current driver's 20 license showing the full name and current address of such 21 person. If a current driver's license is not available, 22 another form of identification showing full name and current 23 address of such person or persons shall be filed with the 24 department. 25 (c) The applicant's business address and telephone 26 number. 27 (d) The names of agents or employees, if any, who are 28 designated to act on behalf of the Florida-certified public 29 accountant together with a legible copy of their 30 photo-identification issued by an agency of the United States, 31 or a state, or a political subdivision thereof. 44 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 (e) Sufficient information to enable the department to 2 disburse funds by electronic funds transfer. 3 (f) The tax identification number of the accountant's 4 public accounting firm employer. 5 (3) In order to file claims as a claimant's 6 representative, acquire ownership or entitlement to unclaimed 7 property, receive a distribution of fees and costs from the 8 department, and obtain unclaimed property dollar amounts, the 9 number of reported shares of stock, and the last four digits 10 of social security numbers held by the department, an attorney 11 licensed to practice in this state must register with the 12 department on such form as the department shall prescribe by 13 rule, and must be verified by the applicant. To register with 14 the department, such attorney must provide: 15 (a) The applicant's Florida Bar number. 16 (b) A legible copy of the applicant's current driver's 17 license showing the full name and current address of such 18 person. If a current driver's license is not available, 19 another form of identification showing full name and current 20 address of such person or persons shall be filed with the 21 department. 22 (c) The applicant's business address and telephone 23 number. 24 (d) The names of agents or employees, if any, who are 25 designated to act on behalf of the attorney, together with a 26 legible copy of their photo-identification issued by an agency 27 of the United States, or a state, or a political subdivision 28 thereof. 29 (e) Sufficient information to enable the department to 30 disburse funds by electronic funds transfer. 31 (f) The tax identification number of the lawyer's 45 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 employer law firm. 2 (4) Information and documents already on file with the 3 department prior to the effective date of this provision need 4 not be resubmitted in order to complete the registration. 5 (5) If a material change in the status of a 6 registration occurs, a registrant must, within 30 days, 7 provide the department with the updated documentation and 8 information in writing. Material changes include, but are not 9 limited to; a designated agent or employee ceasing to act on 10 behalf of the designating person, a surrender, suspension, or 11 revocation of a license, or a license renewal. 12 (a) If a designated agent or employee ceases to act on 13 behalf of the person who has designated the agent or employee 14 to act on such person's behalf, the designating person must, 15 within 30 days, inform the Bureau of Unclaimed Property in 16 writing of the termination of agency or employment. 17 (b) If a registrant surrenders the registrant's 18 license or the license is suspended or revoked, the registrant 19 must, within 30 days, inform the bureau in writing of the 20 surrender, suspension, or revocation. 21 (c) If a private investigator's Class "C" individual 22 license under chapter 493 or a private investigator's 23 employer's Class "A" business license under chapter 493 is 24 renewed, the private investigator must provide a copy of the 25 renewed license to the department within 30 days after the 26 receipt of the renewed license by the private investigator or 27 the private investigator's employer. 28 (6) A registrant or applicant for registration may not 29 have a name that might lead another person to conclude that 30 the registrant is affiliated or associated with the United 31 States, or an agency thereof, or a state or an agency or 46 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 political subdivision of a state. The department shall deny an 2 application for registration or revoke a registration if the 3 applicant or registrant has a name that might lead another 4 person to conclude that the applicant or registrant is 5 affiliated or associated with the United States, or an agency 6 thereof, or a state or an agency or political subdivision of a 7 state. Names that might lead another person to conclude that 8 the applicant or registrant is affiliated or associated with 9 the United States, or an agency thereof, or a state or an 10 agency or political subdivision of a state, include, but are 11 not limited to, the words United States, Florida, state, 12 bureau, division, department, or government. 13 Section 114. Subsection (2) of section 212.02, Florida 14 Statutes, is amended to read: 15 212.02 Definitions.--The following terms and phrases 16 when used in this chapter have the meanings ascribed to them 17 in this section, except where the context clearly indicates a 18 different meaning: 19 (2) "Business" means any activity engaged in by any 20 person, or caused to be engaged in by him or her, with the 21 object of private or public gain, benefit, or advantage, 22 either direct or indirect. Except for the sales of any 23 aircraft, boat, mobile home, or motor vehicle, the term 24 "business" shall not be construed in this chapter to include 25 occasional or isolated sales or transactions involving 26 tangible personal property or services by a person who does 27 not hold himself or herself out as engaged in business or 28 sales of unclaimed tangible personal property under s. 29 717.122, but includes other charges for the sale or rental of 30 tangible personal property, sales of services taxable under 31 this chapter, sales of or charges of admission, communication 47 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 services, all rentals and leases of living quarters, other 2 than low-rent housing operated under chapter 421, sleeping or 3 housekeeping accommodations in hotels, apartment houses, 4 roominghouses, tourist or trailer camps, and all rentals of or 5 licenses in real property, other than low-rent housing 6 operated under chapter 421, all leases or rentals of or 7 licenses in parking lots or garages for motor vehicles, 8 docking or storage spaces for boats in boat docks or marinas 9 as defined in this chapter and made subject to a tax imposed 10 by this chapter. The term "business" shall not be construed in 11 this chapter to include the leasing, subleasing, or licensing 12 of real property by one corporation to another if all of the 13 stock of both such corporations is owned, directly or through 14 one or more wholly owned subsidiaries, by a common parent 15 corporation; the property was in use prior to July 1, 1989, 16 title to the property was transferred after July 1, 1988, and 17 before July 1, 1989, between members of an affiliated group, 18 as defined in s. 1504(a) of the Internal Revenue Code of 1986, 19 which group included both such corporations and there is no 20 substantial change in the use of the property following the 21 transfer of title; the leasing, subleasing, or licensing of 22 the property was required by an unrelated lender as a 23 condition of providing financing to one or more members of the 24 affiliated group; and the corporation to which the property is 25 leased, subleased, or licensed had sales subject to the tax 26 imposed by this chapter of not less than $667 million during 27 the most recent 12-month period ended June 30. Any tax on such 28 sales, charges, rentals, admissions, or other transactions 29 made subject to the tax imposed by this chapter shall be 30 collected by the state, county, municipality, any political 31 subdivision, agency, bureau, or department, or other state or 48 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 local governmental instrumentality in the same manner as other 2 dealers, unless specifically exempted by this chapter. 3 Section 115. Subsection (4) of section 322.142, 4 Florida Statutes, is amended to read: 5 322.142 Color photographic or digital imaged 6 licenses.-- 7 (4) The department may maintain a film negative or 8 print file. The department shall maintain a record of the 9 digital image and signature of the licensees, together with 10 other data required by the department for identification and 11 retrieval. Reproductions from the file or digital record shall 12 be made and issued only for departmental administrative 13 purposes, for the issuance of duplicate licenses, in response 14 to law enforcement agency requests, or to the Department of 15 Revenue pursuant to an interagency agreement to facilitate 16 service of process in Title IV-D cases, or to the Department 17 of Financial Services pursuant to an interagency agreement to 18 facilitate the location of owners of unclaimed property, the 19 validation of unclaimed property claims, and the 20 identification of fraudulent or false claims, and are exempt 21 from the provisions of s. 119.07(1). 22 Section 116. Paragraph (l) is added to subsection (4) 23 of section 395.3025, Florida Statutes, and subsection (10) of 24 that section is amended, to read: 25 395.3025 Patient and personnel records; copies; 26 examination.-- 27 (4) Patient records are confidential and must not be 28 disclosed without the consent of the person to whom they 29 pertain, but appropriate disclosure may be made without such 30 consent to: 31 (l) The Department of Financial Services, or an agent, 49 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 employee, or independent contractor of the department who is 2 auditing for unclaimed property pursuant to chapter 717. 3 (10) The home addresses, telephone numbers, social 4 security numbers, and photographs of employees of any licensed 5 facility who provide direct patient care or security services; 6 the home addresses, telephone numbers, social security 7 numbers, photographs, and places of employment of the spouses 8 and children of such persons; and the names and locations of 9 schools and day care facilities attended by the children of 10 such persons are confidential and exempt from s. 119.07(1) and 11 s. 24(a), Art. I of the State Constitution. However, any state 12 or federal agency that is authorized to have access to such 13 information by any provision of law shall be granted such 14 access in the furtherance of its statutory duties, 15 notwithstanding the provisions of this subsection. The 16 Department of Financial Services, or an agent, employee, or 17 independent contractor of the department who is auditing for 18 unclaimed property pursuant to chapter 717, shall be granted 19 access to the name, address, and social security number of any 20 employee owed unclaimed property. This subsection is subject 21 to the Open Government Sunset Review Act of 1995 in accordance 22 with s. 119.15, and shall stand repealed on October 2, 2004, 23 unless reviewed and saved from repeal through reenactment by 24 the Legislature. 25 Section 117. Section 732.103, Florida Statutes, is 26 amended to read: 27 732.103 Share of other heirs.--The part of the 28 intestate estate not passing to the surviving spouse under s. 29 732.102, or the entire intestate estate if there is no 30 surviving spouse, descends as follows: 31 (1) To the lineal descendants of the decedent. 50 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 (2) If there is no lineal descendant, to the 2 decedent's father and mother equally, or to the survivor of 3 them. 4 (3) If there is none of the foregoing, to the 5 decedent's brothers and sisters and the descendants of 6 deceased brothers and sisters. 7 (4) If there is none of the foregoing, the estate 8 shall be divided, one-half of which shall go to the decedent's 9 paternal, and the other half to the decedent's maternal, 10 kindred in the following order: 11 (a) To the grandfather and grandmother equally, or to 12 the survivor of them. 13 (b) If there is no grandfather or grandmother, to 14 uncles and aunts and descendants of deceased uncles and aunts 15 of the decedent. 16 (c) If there is either no paternal kindred or no 17 maternal kindred, the estate shall go to the other kindred who 18 survive, in the order stated above. 19 (5) If there is no kindred of either part, the whole 20 of the property shall go to the kindred of the last deceased 21 spouse of the decedent as if the deceased spouse had survived 22 the decedent and then died intestate entitled to the estate. 23 (6) If there are none of the foregoing and part of the 24 normal family lineage of the intestate decedent cannot be 25 documented because it includes a Holocaust victim, the probate 26 court may extend the right of succession to other persons who 27 the best available evidence shows are surviving heirs. A 28 petition by a person claiming to be such an heir may not be 29 dismissed for failure to comply with an applicable statute of 30 limitations or laches. In addition, the court may allow such a 31 claimant to meet a reasonable, not unduly restrictive, 51 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 standard to substantiate a claim, including a claim that a 2 person's whereabouts are unknown as evidence of a decedent if 3 such claim is from a source that a reasonable person would 4 accept as reliable in the conduct of his or her affairs. For 5 purposes of this subsection, the term "Holocaust victim" means 6 a person who disappeared or lost his or her life or property 7 as a result of discriminatory laws, policies, or actions 8 targeted against discreet groups or persons between 1900 and 9 1945, inclusive, in Nazi Germany, areas occupied by Nazi 10 Germany, or countries allied or cooperating with Nazi Germany. 11 12 (Redesignate subsequent sections.) 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 On page 4, line 30, after the semicolon 18 19 insert: 20 amending s. 717.101, F.S.; providing 21 definitions; amending ss. 717.106, 717.107, 22 717.109, and 717.116, F.S.; revising criteria 23 for presuming as unclaimed certain bank 24 deposits and funds in financial organizations, 25 funds owing under life insurance policies, 26 funds held by business associations, and 27 property held in a safe-deposit box or other 28 safekeeping repository, respectively; amending 29 s. 717.117, F.S.; revising reporting 30 requirements for unclaimed property; presuming 31 certain accounts as unclaimed under certain 52 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 circumstances; providing that certain 2 intangible property is exempt from being 3 reported as unclaimed property under certain 4 conditions; amending s. 717.118, F.S.; 5 providing requirements for notification of 6 apparent owners of unclaimed property; amending 7 s. 717.119, F.S.; revising requirements for 8 delivery of certain unclaimed property; 9 providing penalties for late deliveries; 10 amending s. 717.1201, F.S.; revising certain 11 holder payment and repayment requirements; 12 amending s. 717.122, F.S.; revising certain 13 public sale requirements; authorizing the 14 Department of Financial Services to deduct 15 certain auction fees, costs, and expenses; 16 prohibiting actions or proceedings against the 17 department for certain decisions relating to 18 auctions of unclaimed property; specifying that 19 certain sales of unclaimed property are not 20 subject to the sales tax; amending s. 717.123, 21 F.S.; increasing a maximum amount of funds the 22 department may retain from certain funds 23 received; amending s. 717.124, F.S.; providing 24 additional requirements for filing unclaimed 25 property claims; providing for the return or 26 withdrawal of certain claims under certain 27 circumstances; specifying a time period for 28 department determination of claims; authorizing 29 the department to deny claims under certain 30 circumstances; specifying an exclusive remedy 31 for subsequent claimants; revising requirements 53 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 for a power of attorney; requiring direct 2 delivery of safe-deposit boxes under certain 3 circumstances; revising payment of fees and 4 costs requirements; creating s. 717.12403, 5 F.S.; providing presumptions for certain 6 unclaimed demand, savings, or checking accounts 7 in financial institutions with more than one 8 beneficiary; creating s. 717.12404, F.S.; 9 providing requirements for claims for property 10 reported in the name of an active or dissolved 11 corporation for which the last annual report is 12 unavailable; creating s. 717.12405, F.S.; 13 providing requirements; for claims by estates; 14 amending s. 717.1241, F.S.; revising 15 requirements for remittance of property subject 16 to conflicting claims; amending s. 717.1242, 17 F.S.; clarifying legislative intent relating to 18 filing certain claims; creating s. 717.1244, 19 F.S.; providing criteria for department 20 determinations of claims; amending s. 717.126, 21 F.S.; providing a criterion for proof of 22 entitlement; specifying venue in certain 23 unclaimed property actions; creating s. 24 717.1261, F.S.; requiring a death certificate 25 in claiming entitlement to certain unclaimed 26 property; creating s. 717.1262, F.S.; requiring 27 certain court documents in claiming entitlement 28 to certain unclaimed property; amending s. 29 717.1301, F.S.; revising certain fee and 30 expense requirements for investigations or 31 examinations; providing for interest on such 54 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 amounts under certain circumstances; amending 2 s. 717.1315, F.S.; clarifying a record 3 retention requirement for owner 4 representatives; amending s. 717.132, F.S.; 5 specifying criteria for certain corrective 6 actions; creating s. 717.1322, F.S.; specifying 7 grounds for certain disciplinary actions; 8 providing for certain disciplinary actions; 9 providing penalties; authorizing the department 10 to adopt rules with regard to disciplinary 11 guidelines; creating s. 717.1331, F.S.; 12 providing for department actions against 13 certain lienholders under certain 14 circumstances; creating s. 717.1333, F.S.; 15 providing for admitting certain documents into 16 evidence in certain actions; amending s. 17 717.134, F.S.; authorizing the department to 18 impose and collect penalties for failing to 19 report certain information; authorizing the 20 department waive such penalties under certain 21 circumstances; creating s. 717.1341, F.S.; 22 prohibiting receipt of unentitled unclaimed 23 property; providing for liability for such 24 property under certain circumstances; 25 authorizing the department to maintain certain 26 civil or administrative actions; providing for 27 fines, costs, and attorney fees; prohibiting 28 filing claims for unentitled unclaimed 29 property; providing criminal penalties; 30 amending s. 717.135, F.S.; revising 31 requirements for agreements to recover certain 55 6:53 PM 04/23/04 s2994c2c-04t3t
SENATE AMENDMENT Bill No. CS for CS for SB 2994 Amendment No. ___ Barcode 931386 1 property; providing an agreement form; creating 2 s. 717.1351, F.S.; providing requirements for 3 acquisition of unclaimed property by certain 4 persons; providing certain contract 5 requirements; providing a contract form; 6 creating s. 717.1400, F.S.; requiring certain 7 licensed persons to register with the 8 department for certain purposes; providing 9 registration requirements; providing for denial 10 of registration under certain circumstances; 11 providing registration limitations; amending s. 12 212.02, F.S.; revising a definition to conform; 13 amending ss. 322.142 and 395.3025, F.S.; 14 providing for disclosure of certain 15 confidential information to the department 16 under certain circumstances; amending s. 17 723.103, F.S.; authorizing the court, under 18 specified conditions, to extend the right of 19 succession to surviving heirs when the decent's 20 lineage cannot be fully documented because it 21 includes a Holocaust victim; limiting the 22 application of statutes of limitation under 23 certain circumstances; defining the term 24 "Holocaust victim"; 25 26 27 28 29 30 31 56 6:53 PM 04/23/04 s2994c2c-04t3t
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