Florida Statutes
Chapter 717 - Disposition of Unclaimed Property
717.119 - Payment or Delivery of Unclaimed Property.


(1) Every person who is required to file a report under s. 717.117 shall simultaneously pay or deliver to the department all unclaimed property required to be reported. Such payment or delivery shall accompany the report as required in this chapter for the preceding calendar year.
(2) Payment of unclaimed funds may be made to the department by electronic funds transfer.
(3) If the owner establishes the right to receive the unclaimed property to the satisfaction of the holder before the property has been delivered to the department or it appears that for some other reason the presumption that the property is unclaimed is erroneous, the holder need not pay or deliver the property to the department. In lieu of delivery, the holder shall file a verified written explanation of the proof of claim or of the error in the presumption that the property was unclaimed.
(4) All stock or other intangible ownership interest reported under this chapter on the annual report filing required in s. 717.117 shall be remitted to the department with the report. Upon delivery of the stock or other intangible ownership interest to the department, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder is relieved of all liability of every kind in accordance with the provisions of s. 717.1201 to every person for any losses or damages resulting to the person by the delivery to the department of the stock or other intangible ownership interest.
(5) All intangible and tangible property held in a safe-deposit box or any other safekeeping repository reported under s. 717.117 shall not be delivered to the department until 120 days after the report due date. The delivery of the property, through the United States mail or any other carrier, shall be insured by the holder at an amount equal to the estimated value of the property. Each package shall be clearly marked on the outside “Deliver Unopened.” A holder’s safe-deposit box contents shall be delivered to the department in a single shipment. In lieu of a single shipment, holders may provide the department with a single detailed shipping schedule that includes package tracking information for all packages being sent pursuant to this section.
(a) Holders may remit the value of cash and coins found in unclaimed safe-deposit boxes to the department by cashier’s check or by electronic funds transfer, unless the cash or coins have a value above face value. The department shall identify by rule those cash and coin items having a numismatic value. Cash and coin items identified as having a numismatic value shall be remitted to the department in their original form.
(b) Any firearm or ammunition found in an unclaimed safe-deposit box or any other safekeeping repository shall be delivered by the holder to a law enforcement agency for disposal pursuant to s. 705.103(2)(b) with the balance of the proceeds deposited into the State School Fund if the firearm is sold. However, the department is authorized to make a reasonable attempt to ascertain the historical value to collectors of any firearm that has been delivered to the department. Any firearm appearing to have historical value to collectors may be sold by the department pursuant to s. 717.122 to a person having a federal firearms license. Any firearm which is not sold pursuant to s. 717.122 shall be delivered by the department to a law enforcement agency in this state for disposal pursuant to s. 705.103(2)(b) with the balance of the proceeds deposited into the State School Fund if the firearm is sold. The department shall not be administratively, civilly, or criminally liable for any firearm delivered by the department to a law enforcement agency in this state for disposal.
(c) If such property is not paid or delivered to the department on or before the applicable payment or delivery date, the holder shall pay to the department a penalty for each safe-deposit box shipment received late. The penalty shall be $100 for a safe-deposit box shipment container that is late 30 days or less. Thereafter, the penalty shall be $500 for a safe-deposit box shipment container that is late for each additional successive 30-day period. The penalty assessed against a holder for a late safe-deposit box shipment container shall not exceed $4,000 annually. The penalty shall be remitted to the department within 30 days after the date of the notification to the holder that the penalty is due and owing.
(d) The department may waive any penalty due with appropriate justification, as provided by rule.
(e) If a will or trust instrument is included among the contents of a safe-deposit box or other safekeeping repository delivered to the department, the department must provide a copy of the will, trust, and any codicils or amendments to such will or trust instrument, upon request, to anyone who provides the department with evidence of the death of the testator or settlor.

(6) Any holder may request an extension in writing of up to 60 days for the delivery of property if extenuating circumstances exist for the late delivery of the property. Any such extension the department may grant shall be in writing.
History.—s. 20, ch. 87-105; s. 11, ch. 96-301; s. 19, ch. 2001-36; s. 4, ch. 2003-21; s. 117, ch. 2004-390; s. 6, ch. 2005-163; s. 1, ch. 2021-144.

Structure Florida Statutes

Florida Statutes

Title XL - Real and Personal Property

Chapter 717 - Disposition of Unclaimed Property

717.001 - Short Title.

717.101 - Definitions.

717.102 - Property Presumed Unclaimed; General Rule.

717.103 - General Rules for Taking Custody of Intangible Unclaimed Property.

717.1035 - Property Originated or Issued by This State, Any Political Subdivision of This State, or Any Entity Incorporated, Organized, Created, or Otherwise Located in the State.

717.104 - Traveler’s Checks and Money Orders.

717.1045 - Gift Certificates and Similar Credit Items.

717.105 - Checks, Drafts, and Similar Instruments Issued or Certified by Banking and Financial Organizations.

717.106 - Bank Deposits and Funds in Financial Organizations.

717.107 - Funds Owing Under Life Insurance Policies, Annuity Contracts, and Retained Asset Accounts; Fines, Penalties, and Interest; United States Social Security Administration Death Master File.

717.1071 - Lost Owners of Unclaimed Demutualization, Rehabilitation, or Related Reorganization Proceeds.

717.108 - Deposits Held by Utilities.

717.109 - Refunds Held by Business Associations.

717.1101 - Unclaimed Equity and Debt of Business Associations.

717.111 - Property of Business Associations Held in Course of Dissolution.

717.112 - Property Held by Agents and Fiduciaries.

717.1125 - Property Held by Fiduciaries Under Trust Instruments.

717.113 - Property Held by Courts and Public Agencies.

717.115 - Wages.

717.116 - Contents of Safe-Deposit Box or Other Safekeeping Repository.

717.117 - Report of Unclaimed Property.

717.118 - Notification of Apparent Owners of Unclaimed Property.

717.119 - Payment or Delivery of Unclaimed Property.

717.1201 - Custody by State; Holder Relieved From Liability; Reimbursement of Holder Paying Claim; Reclaiming for Owner; Defense of Holder; Payment of Safe-Deposit Box or Repository Charges.

717.121 - Crediting of Dividends, Interest, or Increments to Owner’s Account.

717.122 - Public Sale of Unclaimed Property.

717.123 - Deposit of Funds.

717.1235 - Dormant Campaign Accounts; Report of Unclaimed Property.

717.124 - Unclaimed Property Claims.

717.12403 - Unclaimed Demand, Savings, or Checking Account in a Financial Institution Held in the Name of More Than One Person.

717.12404 - Claims on Behalf of a Business Entity or Trust.

717.12405 - Claims by Estates.

717.12406 - Joint Ownership of Unclaimed Securities or Dividends.

717.1241 - Conflicting Claims.

717.1242 - Restatement of Jurisdiction of the Circuit Court Sitting in Probate and the Department.

717.1243 - Small Estate Accounts.

717.1244 - Determinations of Unclaimed Property Claims.

717.1245 - Garnishment of Unclaimed Property.

717.125 - Claim of Another State to Recover Property; Procedure.

717.126 - Administrative Hearing; Burden of Proof; Proof of Entitlement; Venue.

717.1261 - Death Certificates.

717.1262 - Court Documents.

717.127 - Election to Take Payment or Delivery.

717.128 - Destruction or Disposition of Property Having Insubstantial Commercial Value; Immunity From Liability.

717.129 - Periods of Limitation.

717.1301 - Investigations; Examinations; Subpoenas.

717.1311 - Retention of Records.

717.1315 - Retention of Records by Claimant’s Representatives and Buyers of Unclaimed Property.

717.132 - Enforcement; Cease and Desist Orders; Fines.

717.1322 - Administrative and Civil Enforcement.

717.1323 - Prohibited Practice.

717.133 - Interstate Agreements and Cooperation; Joint and Reciprocal Actions With Other States.

717.1331 - Actions Against Holders.

717.1333 - Evidence; Estimations; Audit Reports, Examiner’s Worksheets, Investigative Reports, Other Related Documents.

717.134 - Penalties and Interest.

717.1341 - Invalid Claims, Recovery of Property, Interest and Penalties.

717.135 - Recovery Agreements and Purchase Agreements for Claims Filed by a Claimant’s Representative; Fees and Costs.

717.1355 - Theme Park and Entertainment Complex Tickets.

717.136 - Foreign Transactions.

717.138 - Rulemaking Authority.

717.1382 - United States Savings Bond; Unclaimed Property; Escheatment; Procedure.

717.1383 - United States Savings Bond; Claim for Bond.

717.139 - Uniformity of Application and Construction.

717.1400 - Registration.

717.1401 - Repeal.