January 21, 2020
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The Florida Statutes

The 2003 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY
Chapter 717
DISPOSITION OF UNCLAIMED PROPERTY
View Entire Chapter
Section 717.1242, Florida Statutes 2003

717.1242  Restatement of jurisdiction of the circuit court sitting in probate and the department.--

(1)  It is and has been the intent of the Legislature that, pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of proceedings relating to the settlement of the estates of decedents and other jurisdiction usually pertaining to courts of probate. It is and has been the intent of the Legislature that, pursuant to s. 717.124, the department determines the merits of claims for property paid or delivered to the department under this chapter. Consistent with this legislative intent, any estate or heir of an estate seeking to obtain property paid or delivered to the department under this chapter must file a claim with the department as provided in s. 717.124.

(2)  Should any estate or heir of an estate seek to obtain or obtain an order from a circuit court sitting in probate directing the department to pay or deliver to any person property paid or delivered to the department under this chapter, the estate or heir may be ordered to pay the department reasonable costs and attorney's fees in any proceeding brought by the department to oppose, appeal, or collaterally attack the order.

History.--s. 16, ch. 96-301.

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