Florida Statutes
Chapter 717 - Disposition of Unclaimed Property
717.1241 - Conflicting Claims.


(1) When conflicting claims have been received by the department for the same unclaimed property account or accounts, the property shall be remitted in accordance with the claim filed by the person as follows, notwithstanding the withdrawal of a claim:
(a) To the person submitting the first claim received by the Division of Unclaimed Property of the department that is complete or made complete.
(b) If a claimant’s claim and a claimant’s representative’s claim are received by the Division of Unclaimed Property of the department on the same day and both claims are complete, to the claimant.
(c) If a buyer’s claim and a claimant’s claim or a claimant’s representative’s claim are received by the Division of Unclaimed Property of the department on the same day and the claims are complete, to the buyer.
(d) As between two or more claimant’s representative’s claims received by the Division of Unclaimed Property of the department that are complete or made complete on the same day, to the claimant’s representative who has agreed to receive the lowest fee. If the two or more claimant’s representatives whose claims received by the Division of Unclaimed Property of the department were complete or made complete on the same day are charging the same lowest fee, the fee shall be divided equally between the claimant’s representatives.
(e) If more than one buyer’s claim received by the Division of Unclaimed Property of the department is complete or made complete on the same day, the department shall remit the unclaimed property to the buyer who paid the highest amount to the seller. If the buyers paid the same amount to the seller, the department shall remit the unclaimed property to the buyers divided in equal amounts.

(2) The purpose of this section is solely to provide guidance to the department regarding to whom it should remit the unclaimed property and is not intended to extinguish or affect any private cause of action that any person may have against another person for breach of contract or other statutory or common-law remedy. A buyer’s sole remedy, if any, shall be against the claimant’s representative or the seller, or both. A claimant’s representative’s sole remedy, if any, shall be against the buyer or the seller, or both. A claimant’s or seller’s sole remedy, if any, shall be against the buyer or the claimant’s representative, or both. Nothing in this section forecloses the right of a person to challenge the department’s determination of completeness in a proceeding under ss. 120.569 and 120.57.
(3) A claim is complete when entitlement to the unclaimed property has been established.
History.—s. 15, ch. 96-301; s. 24, ch. 2001-36; s. 125, ch. 2004-390; s. 11, ch. 2005-163; s. 40, ch. 2016-165.

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.