(1) The department may impose and collect a penalty of $500 per day up to a maximum of $5,000 and 25 percent of the value of property not reported until a report is rendered for any person who willfully fails to render any report required under this chapter. Upon a holder’s showing of good cause, the department may waive said penalty or any portion thereof. If the holder acted in good faith and without negligence, the department shall waive the penalty provided herein.
(2) The department may impose and collect a penalty of $500 per day up to a maximum of $5,000 and 25 percent of the value of property not paid or delivered until the property is paid or delivered for any person who willfully refuses to pay or deliver abandoned property to the department as required under this chapter.
(3) Any person who willfully or fraudulently conceals, destroys, damages, or makes unlawful disposition of any property or of the books, records, or accounts pertaining to property which is subject to the provisions of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(4) In addition to any damages, penalties, or fines for which a person may be liable under any other provision of law, any person who fails to report or pay or deliver unclaimed property within the time prescribed by this chapter shall pay to the department interest at the rate of 12 percent per annum on such property, or value thereof, from the date such property shall have been paid or delivered. The department may waive any penalty due under this subsection with appropriate justification.
(5) The department may impose and collect a penalty of $500 per day up to a maximum of $5,000 and 25 percent of the value of property willfully not reported with all of the information required by this chapter. Upon a holder’s showing of good cause, the department may waive the penalty or any portion thereof. If the holder acted in good faith and without negligence, the department shall waive the penalty provided herein.
History.—s. 35, ch. 87-105; s. 21, ch. 96-301; s. 137, ch. 2004-390.
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.