Florida Statutes
Chapter 717 - Disposition of Unclaimed Property
717.125 - Claim of Another State to Recover Property; Procedure.


(1) At any time after property has been paid or delivered to the department under this chapter, another state may recover the property if:
(a) The property was subjected to custody by this state because the records of the holder did not reflect the last known address of the apparent owner when the property was presumed unclaimed under this chapter, and the other state establishes that the last known address of the apparent owner or other person entitled to the property was in that state and under the laws of that state the property escheated to or was subject to a claim of abandonment or being unclaimed by that state;
(b) The last known address of the apparent owner or other person entitled to the property, as reflected by the records of the holder, is in the other state and under the laws of that state the property has escheated to or become subject to a claim of abandonment by that state;
(c) The records of the holder were erroneous in that they did not accurately reflect the actual owner of the property and the last known address of the actual owner is in the other state and under laws of that state the property escheated to or was subject to a claim of abandonment by that state;
(d) The property was subject to custody by this state under s. 717.103(6) and under the laws of the state of domicile of the holder the property has escheated to or become subject to a claim of abandonment by that state; or
(e) The property is the sum payable on a traveler’s check, money order, or other similar instrument that was subjected to custody by this state under s. 717.104, and the instrument was purchased in the other state, and under the laws of that state the property escheated to or became subject to a claim of abandonment by that state.

(2) The claim of another state to recover escheated or unclaimed property under this section must be presented in a form prescribed by the department, and the department shall determine the claim within 90 days after it is presented. Such determination shall contain a notice of rights provided by ss. 120.569 and 120.57.
(3) The department shall require a state, prior to recovery of property under this section, to indemnify this state and its officers and employees against any liability on a claim for the property.
History.—s. 26, ch. 87-105; s. 296, ch. 96-410; s. 26, ch. 2001-36.

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.