August 12, 2020
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The Florida Statutes

The 2001 Florida Statutes

Title XL
Real And Personal Property
Chapter 716
View Entire Chapter
Section 716.07, Florida Statutes 2001

716.07  Recovery of escheated property by claimant.--

(1)  Any person who claims any property, funds or money delivered to the State Treasurer under this chapter, shall, within 5 years from the date of receipt of said property, funds or money, file a verified claim with the State Treasurer, setting forth the facts upon which said party claims to be entitled to recover said money or property. The State Treasurer, within 5 days after receipt of such claim, shall submit said verified claim or a verified copy thereof, to the Department of Banking and Finance. All claims made for recovery of property, funds or money, not filed within 5 years from the date that said property, funds or money is received by the State Treasurer, shall be forever barred, and the Treasurer of the state shall be without power to consider or determine any claims so made by any claimant after 5 years from the date that the property, funds or money was received by the State Treasurer.

(2)  The Comptroller shall approve or disapprove the claim. If the claim is approved, the funds, money, or property of the claimant, less any expenses and costs which shall have been incurred by the state in securing the possession of said property, as provided by this chapter, shall be delivered to the claimant by the State Treasurer upon warrant issued according to law and her or his receipt taken therefor. If the court finds, upon any judicial review, that the claimant is entitled to the property, money, or funds claimed, and shall render judgment in her or his or its favor, declaring that the claimant is entitled to said property, funds, or money, then upon presentation of said judgment or a certified copy thereof to the State Comptroller, said Comptroller shall draw her or his warrant for the amount of money stated in said judgment, without interest or cost to the state, less any sum paid by the state as costs or expenses in securing possession of said property, funds, or money. When payment has been made to any claimant, no action thereafter shall be maintained by any other claimant against the state or any officer thereof, for or on account of said money, property, or funds.

History.--s. 7, ch. 24333, 1947; s. 30, ch. 63-559; ss. 12, 35, ch. 69-106; s. 7, ch. 78-95; s. 848, ch. 97-102.

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