(1) The department may bring an action in any court of competent jurisdiction to enforce or administer any provision of this chapter, any rule or order promulgated under this chapter, or any written agreement entered into with the department.
(2) In addition to any other powers conferred upon it to enforce and administer the provisions of this chapter, the department may issue and serve upon a person an order to cease and desist and to take corrective action whenever the department finds that such person is violating, has violated, or is about to violate any provision of this chapter, any rule or order promulgated under this chapter, or any written agreement entered into with the department. For purposes of this subsection, the term “corrective action” includes refunding excessive charges, requiring a person to return unclaimed property, requiring a holder to remit unclaimed property, and requiring a holder to correct a report that contains errors or omissions. Any such order shall contain a notice of rights provided by ss. 120.569 and 120.57.
(3) In addition to any other powers conferred upon it to enforce and administer the provisions of this chapter, the department or a court of competent jurisdiction may impose fines against any person found to have violated any provision of this chapter, any rule or order promulgated under this chapter, or any written agreement entered into with the department in an amount not to exceed $2,000 for each violation. All fines collected under this subsection shall be deposited as received in the Unclaimed Property Trust Fund.
History.—s. 33, ch. 87-105; s. 4, ch. 93-280; s. 20, ch. 96-301; s. 298, ch. 96-410; s. 29, ch. 2001-36; s. 133, ch. 2004-390; s. 17, ch. 2005-163.
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 717 - Disposition of Unclaimed Property
717.102 - Property Presumed Unclaimed; General Rule.
717.103 - General Rules for Taking Custody of Intangible Unclaimed Property.
717.104 - Traveler’s Checks and Money Orders.
717.1045 - Gift Certificates and Similar Credit Items.
717.106 - Bank Deposits and Funds in Financial Organizations.
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.
717.116 - 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.
717.121 - Crediting of Dividends, Interest, or Increments to Owner’s Account.
717.122 - Public Sale of Unclaimed Property.
717.1235 - Dormant Campaign Accounts; Report of Unclaimed Property.
717.124 - Unclaimed Property Claims.
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.
717.127 - Election to Take Payment or Delivery.
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.
717.134 - Penalties and Interest.
717.1341 - Invalid Claims, Recovery of Property, Interest and Penalties.
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.