Florida Statutes
Title XL - Real and Personal Property

689.07 - “Trustee” or “As Trustee” Added to Name of Grantee, Transferee, Assignee, or Mortgagee Transfers Interest or Creates Lien as if Additional Word or Words Not Used. - (1) Every deed or conveyance of real estate heretofore or...

689.071 - Florida Land Trust Act. - (1) SHORT TITLE.—This section may be cited as the “Florida...

689.072 - Real Estate Interests Transferred to or by a Custodian or Trustee of an Individual Retirement Account or Qualified Plan. - (1)(a) A conveyance, deed, mortgage, lease assignment, or other recorded...

689.073 - Powers Conferred on Trustee in Recorded Instrument. - (1) OWNERSHIP VESTS IN TRUSTEE.—Every conveyance, deed, mortgage, lease assignment,...

689.075 - Inter Vivos Trusts; Powers Retained by Settlor. - (1) A trust which is otherwise valid and which complies...

689.08 - Fines and Common Recoveries. - History.—s. 2, Feb. 4, 1835; RS 1953; GS 2454; RGS...

689.09 - Deeds Under Statute of Uses. - History.—s. 12, Nov. 15, 1828; RS 1954; GS 2455; RGS...

689.10 - Words of Limitation and the Words “Fee Simple” Dispensed With. - History.—s. 1, ch. 5145, 1903; GS 2456; RGS 3796; s....

689.11 - Conveyances Between Husband and Wife Direct; Homestead. - (1) A conveyance of real estate, including homestead, made by...

689.111 - Conveyances of Homestead; Power of Attorney. - (1) A deed or mortgage of homestead realty owned by...

689.115 - Estate by the Entirety in Mortgage Made or Assigned to Husband and Wife. - History.—s. 1, ch. 86-29; s. 21, ch. 91-110.

689.12 - How State Lands Conveyed for Educational Purposes. - (1) The title to all lands granted to or held...

689.13 - Rule Against Perpetuities Not Applicable to Dispositions of Property for Private Cemeteries, Etc. - History.—s. 1, ch. 14655, 1931; CGL 1936 Supp. 5671(1).

689.14 - Entailed Estates. - History.—s. 20, Nov. 17, 1829; RS 1818; GS 2293; RGS...

689.15 - Estates by Survivorship. - History.—s. 20, Nov. 17, 1829; RS 1819; GS 2294; RGS...

689.17 - Rule in Shelley’s Case Abolished. - History.—s. 2, ch. 23126, 1945; s. 758, ch. 97-102.

689.175 - Worthier Title Doctrine Abolished. - History.—s. 23, ch. 2006-217.

689.18 - Reverter or Forfeiture Provisions, Limitations; Exceptions. - (1) It is hereby declared by the Legislature of the...

689.19 - Variances of Names in Recorded Instruments. - (1) The word “instrument” as used in this section shall...

689.20 - Limitation on Use of Word “minerals.” - History.—s. 1, ch. 59-375.

689.225 - Statutory Rule Against Perpetuities. - (1) SHORT TITLE.—This section may be cited as the “Florida...

689.25 - Failure to Disclose Homicide, Suicide, Deaths, or Diagnosis of HIV or AIDS Infection in an Occupant of Real Property. - (1)(a) The fact that an occupant of real property is...

689.261 - Sale of Residential Property; Disclosure of Ad Valorem Taxes to Prospective Purchaser. - (1) A prospective purchaser of residential property must be presented...

689.27 - Termination by Servicemember of Agreement to Purchase Real Property. - (1) Notwithstanding any other provisions of law and for the...

689.28 - Prohibition Against Transfer Fee Covenants. - (1) INTENT.—The Legislature finds and declares that the public policy...

689.29 - Disclosure of Subsurface Rights to Prospective Purchaser. - (1) A seller must provide a prospective purchaser of residential...

689.301 - Disclosure of Known Defects in Sanitary Sewer Laterals to Prospective Purchaser. - History.—s. 3, ch. 2020-158.

Chapter 692 - Conveyances by or to Particular Entities

Part I - Conveyances by Corporations (Ss. 692.01-692.04)

692.01 - Conveyances executed by corporations. - History.—RS 1955; GS 2459; s. 1, ch. 6183, 1911; RGS...

692.02 - Validation of conveyances. - History.—s. 2, ch. 6183, 1911; RGS 3800; CGL 5673.

692.03 - Validity of conveyances by certain foreign corporations recorded for 7 years; limitation. - (1) Whenever any conveyance, by the surviving directors or trustees...

692.04 - Validation of deeds and similar instruments executed by corporations. - History.—s. 1, ch. 57-264.

Part II - Conveyances to or by Trustees of Unincorporated Churches (S. 692.101)

692.101 - Conveyances to or by trustees of unincorporated churches. - (1) Every deed or other instrument transferring real property to...

Chapter 694 - Certain Conveyances Made Valid

694.01 - Conveyances Executed Between 1817 and 1822. - History.—June 24, 1823; RS 1968; GS 2474; RGS 3815; CGL...

694.02 - Married Women’s Conveyances Validated. - History.—s. 2, Feb. 4, 1835; RS 1969; GS 2475; RGS...

694.03 - Married Women’s Conveyances by Attorney Validated. - History.—RS 1970; GS 2476; RGS 3817; CGL 5690.

694.04 - Conveyances by Married Women; Defective Acknowledgments Validated. - History.—Ch. 5412, 1905; s. 1, ch. 6217, 1911; RGS 3818;...

694.05 - Certain Other Conveyances Validated. - History.—s. 2, ch. 2069, 1875; RS 1971; GS 2477; RGS...

694.06 - Deeds Executed by State Board of Education. - History.—s. 2, ch. 4999, 1901; GS 2478; RGS 3820; CGL...

694.07 - Certain Grant of Lands Confirmed. - History.—s. 1, ch. 4707, 1899; GS 2479; RGS 3821; CGL...

694.08 - Certain Instruments Validated, Notwithstanding Lack of Seals or Witnesses, or Defect in Acknowledgment. - (1) Whenever any power of attorney has been executed and...

694.09 - Certified Copies Admissible in Evidence. - History.—s. 2, ch. 10169, 1925; CGL 5696; s. 760, ch....

694.10 - Certain Titles Not Affected. - History.—s. 3, ch. 10169, 1925; CGL 5697.

694.11 - Certain Deeds of County Commissioners Validated. - History.—s. 1, ch. 13622, 1929; CGL 1936 Supp. 5697(1).

694.12 - Validation of Instruments in Which Name of Corporation Is Incorrectly Set Out. - History.—s. 1, ch. 14838, 1931; CGL 1936 Supp. 5673(1); s....

694.13 - Ratifying, Validating, and Confirming Conveyances of Real Estate by County Commissioners, District School Boards, or Boards of Bond Trustees or Commissioners of Drainage or Other Special Improvement Districts. - (1) All conveyances of real estate heretofore made by any...

694.14 - Validation of Deeds Executed by Guardians Appointed Under Veterans’ Guardianship Law. - History.—ss. 1, 2, ch. 57-341; s. 1, ch. 73-304; s....

694.15 - Validation of Conveyances by Board of Trustees. - History.—s. 1, ch. 77-385.

694.16 - Conveyances by Merger or Conversion of Business Entities. - History.—ss. 7, 8, ch. 2000-298; s. 100, ch. 2006-1; s....

694.17 - Validation of Conveyances to Custodian or Trustee of an Individual Retirement Account or Qualified Plan. - History.—s. 2, ch. 2006-147.

Chapter 695 - Record of Conveyances of Real Estate

695.01 - Conveyances and Liens to Be Recorded. - (1) No conveyance, transfer, or mortgage of real property, or...

695.015 - Conveyances by Law Between Governmental Agencies, Recording. - History.—s. 1, ch. 70-103.

695.02 - Blank or Master Form of Instruments May Be Recorded. - (1) Any person may have a blank or master form...

695.03 - Acknowledgment and Proof; Validation of Certain Acknowledgments; Legalization or Authentication Before Foreign Officials. - (1) WITHIN THIS STATE.—An acknowledgment or a proof may be...

695.031 - Affidavits and Acknowledgments by Members of Armed Forces and Their Spouses. - (1) In addition to the manner, form and proof of...

695.032 - Provisions Not Applicable to Transactions Under Chapter 679, Uniform Commercial Code. - History.—s. 1, ch. 65-254.

695.04 - Requirements of Certificate. - History.—RS 1974; GS 2482; RGS 3824; CGL 5700; s. 2,...

695.05 - Certain Defects Cured as to Acknowledgments and Witnesses. - History.—s. 1, ch. 4953, 1901; GS 2483; RGS 3825; s....

695.06 - Certain Irregularities as to Venue Validated. - History.—s. 1, ch. 11990, 1927; CGL 5703.

695.07 - Use of Scrawl as Seal. - History.—s. 1, ch. 4148, 1893; GS 2484; RGS 3826; CGL...

695.08 - Prior Use of Scrawl as Seal. - History.—s. 2, ch. 4148, 1893; GS 2485; RGS 3827; CGL...

695.09 - Identity of Grantor. - History.—RS 1975; GS 2486; RGS 3828; CGL 5706; s. 3,...

695.10 - Proof by Others. - History.—RS 1976; GS 2487; RGS 3829; CGL 5707; s. 26,...

695.11 - Instruments Deemed to Be Recorded From Time of Filing. - History.—s. 1, ch. 3592, 1885; RS 1977; GS 2488; RGS...

695.12 - Imperfect Record. - History.—s. 1, ch. 3896, 1889; RS 1978; GS 2489; RGS...

695.13 - Want of Certificate of Record. - History.—s. 1, ch. 3894, 1889; RS 1979; GS 2490; RGS...

695.14 - Unsigned Certificate of Record. - History.—s. 2, ch. 3894, 1889; RS 1980; GS 2491; RGS...

695.15 - Recording Conveyances Lost by Fire. - History.—s. 1, ch. 4950, 1901; GS 2492; RGS 3834; CGL...

695.16 - When Mortgage or Lien Is Destroyed. - History.—s. 2, ch. 4950, 1901; GS 2493; RGS 3835; CGL...

695.17 - United States Deeds and Patents May Be Recorded. - History.—s. 1, ch. 8565, 1921; CGL 5714; s. 769, ch....

695.18 - Indorsement by Clerk. - This deed and patent (or certified copy as the case...

695.19 - Certified Copies of Recorded Instruments May Be Recorded. - History.—s. 1, ch. 11989, 1927; CGL 5717.

695.20 - Unperformed Contracts of Record. - (1) Place on record a deed or other conveyance of...

695.22 - Daily Schedule of Deeds and Conveyances Filed for Record to Be Furnished Property Appraiser. - History.—s. 2, ch. 23114, 1945; s. 1, ch. 77-102; s....

695.25 - Short Form of Acknowledgment. - (1) For an individual acting in his or her own...

695.26 - Requirements for Recording Instruments Affecting Real Property. - (1) No instrument by which the title to real property...

695.27 - Uniform Real Property Electronic Recording Act. - (1) SHORT TITLE.—This section may be cited as the “Uniform...

695.28 - Validity of Recorded Electronic Documents. - (1) A document that is otherwise entitled to be recorded...

Chapter 696 - Record of Contracts; Photographic Recording

696.01 - Contracts for Sale of Realty Must Be Acknowledged in Order to Be Recorded. - History.—s. 1, ch. 11813, 1927; CGL 5719.

696.02 - Assignments of Contracts for Sale of Realty Not Entitled to Record Unless Original Is Recorded or Entitled to Record. - History.—s. 2, ch. 11813, 1927; CGL 5720.

696.03 - When Agreement Executed by Agent or Attorney May Be Recorded. - History.—s. 3, ch. 11813, 1927; CGL 5721.

696.04 - What Instruments Affected by Ss. 696.01-696.03. - History.—s. 4, ch. 11813, 1927; CGL 5722.

696.05 - Photographic Recording by Clerk of Circuit Court. - (1) In every county in this state, the clerk of...

696.06 - Photographic Recording by County Court Judge. - (1) In every county in the state, the county court...

Chapter 697 - Instruments Deemed Mortgages and the Nature of a Mortgage

697.01 - Instruments Deemed Mortgages. - (1) All conveyances, obligations conditioned or defeasible, bills of sale...

697.02 - Nature of a Mortgage. - History.—ss. 1, 2, ch. 525, 1853; RS 1982; GS 2495;...

697.03 - Cooperative Association Mortgages. - (1) Hereafter, any mortgage or other instrument given by a...

697.04 - Future Advances May Be Secured. - (1)(a) Any mortgage or other instrument given for the purpose...

697.05 - Balloon Mortgages; Scope of Law; Definition; Requirements as to Contents; Penalties for Violations; Exemptions. - (1) Any conveyance, obligation conditioned or defeasible, bill of sale,...

697.06 - Prepayment of Note. - History.—s. 1, ch. 77-318; s. 1, ch. 87-351; s. 1,...

697.07 - Assignment of Rents. - (1) A mortgage or separate instrument may provide for an...

697.08 - Equity Skimming. - (1) It is unlawful for any person, with intent to...

697.10 - Liability for Error in Mortgage Deed or Note. - History.—s. 2, ch. 84-52; s. 2, ch. 86-39; s. 776,...

Chapter 698 - Chattel Mortgages

698.01 - To Be Recorded. - History.—RS 1983; GS 2496; RGS 3833; CGL 5726; s. 779,...

698.02 - Acknowledgment. - History.—RS 1984; GS 2497; RGS 3839; CGL 5727.

698.03 - Power of Sale May Be Included in Certain Mortgages; Exercise of Power. - (1) In all mortgages to, or in favor of, the...

698.04 - Sale Under Power. - History.—s. 2, ch. 17108, 1935; CGL 1936 Supp. 5727(2).

698.05 - Remedy Concurrent. - History.—s. 3, ch. 17108, 1935; CGL 1936 Supp. 5727(3).

698.08 - Notice Given by Filing for Record of Chattel Mortgages Generally, to Extend 7 Years. - (1) The notice given to third persons by the filing...

698.09 - Extension of Period of Notice. - History.—s. 2, ch. 17112, 1935; CGL 1936 Supp. 5727(8); s....

698.11 - Duties of Clerk in Connection With Extension. - History.—s. 4, ch. 17112, 1935; CGL 1936 Supp. 5727(10); s....

698.12 - Chapter Not Applicable to Transactions Under Uniform Commercial Code. - History.—s. 1, ch. 65-254.

Chapter 701 - Assignment and Cancellation of Mortgages

701.01 - Assignment. - History.—s. 1, Dec. 11, 1834; RS 1985; GS 2498; RGS...

701.02 - Assignment Not Effectual Against Creditors Unless Recorded and Indicated in Title of Document; Applicability. - (1) An assignment of a mortgage upon real property or...

701.03 - Cancellation. - (1) Whenever the amount of money due under a promissory...

701.04 - Cancellation of Mortgages, Liens, and Judgments. - (1) Within 14 days after receipt of the written request...

701.041 - Title Insurer; Mortgage Release Certificate. - (1) DEFINITIONS.—For purposes of this section: (a) “Estoppel letter” means...

701.06 - Certain Cancellations and Satisfactions of Mortgages Validated. - History.—s. 1, ch. 14763, 1931; CGL 1936 Supp. 5746(1).

Chapter 702 - Foreclosure of Mortgages and Statutory Liens

702.01 - Equity. - History.—RS 1987; GS 2501; RGS 3844; CGL 5747; s. 7,...

702.015 - Elements of Complaint; Lost, Destroyed, or Stolen Note Affidavit. - (1) The Legislature intends that this section expedite the foreclosure...

702.03 - Certain Foreclosures Validated. - History.—s. 1, ch. 13642, 1929; CGL 1936 Supp. 5748(1).

702.035 - Legal Notice Concerning Foreclosure Proceedings. - History.—s. 4, ch. 2001-215; s. 7, ch. 2006-175; s. 2,...

702.036 - Finality of Mortgage Foreclosure Judgment. - (1)(a) In any action or proceeding in which a party...

702.04 - Mortgaged Lands in Different Counties. - History.—RS 1989; s. 1, ch. 4420, 1895; GS 2503; s....

702.05 - Mortgaged Lands Sold for Taxes. - History.—s. 1, ch. 3903, 1889; RS 1990; GS 2504; RGS...

702.06 - Deficiency Decree; Common-Law Suit to Recover Deficiency. - History.—s. 1, ch. 11993, 1927; CGL 5751; s. 1, ch....

702.065 - Final Judgment in Uncontested Proceedings Where Deficiency Judgment Waived; Attorney’s Fees When Default Judgment Entered. - (1) In uncontested mortgage foreclosure proceedings in which the mortgagee...

702.07 - Power of Courts and Judges to Set Aside Foreclosure Decrees at Any Time Before Sale. - History.—s. 1, ch. 11881, 1927; CGL 5752.

702.08 - Effect of Setting Aside Foreclosure Decree. - History.—s. 2, ch. 11881, 1927; CGL 5753.

702.09 - Definitions. - History.—s. 3, ch. 11881, 1927; CGL 5754; s. 4, ch....

702.10 - Order to Show Cause; Entry of Final Judgment of Foreclosure; Payment During Foreclosure. - (1) A lienholder may request an order to show cause...

702.11 - Adequate Protections for Lost, Destroyed, or Stolen Notes in Mortgage Foreclosure. - (1) In connection with a mortgage foreclosure, the following constitute...

702.12 - Actions in Foreclosure. - (1)(a) A lienholder, in an action to foreclose a mortgage,...

Chapter 703 - Abstracts of Title

703.01 - County Commissioners Authorized to Require Clerk to Make Abstracts. - History.—s. 1, ch. 5173, 1903; GS 2505; RGS 3848; CGL...

703.02 - Abstracts of Real Estate Upon Petition; Service Charge of Clerk. - History.—s. 2, ch. 5173, 1903; GS 2506; RGS 3849; CGL...

703.03 - What Abstract to Show. - History.—s. 3, ch. 5173, 1903; GS 2507; RGS 3850; CGL...

703.04 - Abstracting Tax Sales. - History.—s. 4, ch. 5173, 1903; GS 2508; RGS 3851; CGL...

703.05 - Service Charge of Clerk for Furnishing Abstract. - History.—s. 5, ch. 5173, 1903; GS 2509; RGS 3852; CGL...

703.06 - Board May Purchase Abstract Books. - History.—s. 6, ch. 5173, 1903; GS 2510; RGS 3853; CGL...

703.07 - Abstracts of Records Destroyed by Fire; Purchase of Abstract Books by County; Proceedings. - (1) When the records, or any material part thereof, in...

703.08 - Copies of Abstracts as Evidence. - History.—s. 3, ch. 4951, 1901; GS 2512; RGS 3855; CGL...

703.09 - Condemnation of Abstracts by County When Records Have Been Destroyed. - (1) The board shall determine, by an entry in its...

703.10 - Order to Show Cause; Enjoining Owners From Removing Abstracts Beyond Jurisdiction of Court. - History.—s. 2, ch. 5414, 1905; RGS 3857; CGL 5764; s....

703.11 - Order Granting Petition; Jury to Assess Compensation; Copies of Original Abstracts. - History.—s. 3, ch. 5414, 1905; RGS 3858; CGL 5765; s....

703.13 - Payment of Compensation and Delivery of Abstracts; Petitioner to Pay Cost. - History.—s. 5, ch. 5414, 1905; RGS 3860; CGL 5767.

703.14 - Penalty for Failure to Deliver Abstracts. - History.—s. 6, ch. 5414, 1905; RGS 3861; CGL 5768.

703.15 - Abstracts Acquired by Condemnation. - History.—s. 8, ch. 5414, 1905; RGS 3862; CGL 5769.

703.17 - Alteration of Abstracts Condemned by County for Use of the Public. - History.—s. 9, ch. 5414, 1905; RGS 5207; CGL 7325; s....

703.18 - Refusing to Make Abstract. - History.—s. 7, ch. 4951, 1901; GS 3484; RGS 5358; CGL...

703.19 - Filing Untrue Copies of Abstracts Ordered Filed for Use of Public. - History.—s. 7, ch. 5414, 1905; RGS 5359; CGL 7494; s....

Chapter 704 - Easements

704.01 - Common-Law and Statutory Easements Defined and Determined. - (1) IMPLIED GRANT OF WAY OF NECESSITY.—The common-law rule of...

704.02 - When Lands Enclosed, Person Using Easement to Maintain Gates. - History.—s. 2, ch. 7326, 1917; RGS 5000; CGL 7089; s....

704.03 - “Practicable” Defined. - History.—s. 3, ch. 7326, 1917; RGS 5001; CGL 7090; s....

704.04 - Judicial Remedy and Compensation to Servient Owner. - History.—s. 4, ch. 28070, 1953; s. 2, ch. 91-117; s....

704.05 - Easements and Rights of Entry. - (1) The rights and interests in land which are subject...

704.06 - Conservation Easements; Creation; Acquisition; Enforcement. - (1) As used in this section, “conservation easement” means a...

704.07 - Solar Easements; Creation; Remedies. - (1) Easements obtained for the purpose of maintaining exposure of...

704.08 - Cemeteries; Right of Ingress and Egress for Visiting or Maintenance. - History.—s. 36, ch. 80-238.

Chapter 705 - Lost or Abandoned Property

705.101 - Definitions. - (1) “Local government” means the board of county commissioners of...

705.1015 - County or Municipal Code Inspectors or Code Enforcement Officers; Duties. - History.—s. 16, ch. 89-268.

705.102 - Reporting Lost or Abandoned Property. - (1) Whenever any person finds any lost or abandoned property,...

705.103 - Procedure for Abandoned or Lost Property. - (1) Whenever a law enforcement officer ascertains that an article...

705.104 - Title to Lost or Abandoned Property. - (1) Title to lost or abandoned property is hereby vested...

705.105 - Procedure Regarding Unclaimed Evidence. - (1) Title to unclaimed evidence or unclaimed tangible personal property...

705.106 - Recovery From Person Wrongfully in Possession. - History.—ss. 4, 5, ch. 344, 1850; RS 2015; GS 2537;...

705.17 - Exceptions. - (1) Sections 705.101-705.106 do not apply to any personal property...

705.18 - Disposal of Personal Property Lost or Abandoned on University or Florida College System Institution Campuses; Disposition of Proceeds From Sale. - History.—s. 1, ch. 71-75; s. 1, ch. 77-131; s. 62,...

705.182 - Disposal of Personal Property Found on the Premises of Public-Use Airports. - (1) Whenever any personal property, other than an aircraft or...

705.183 - Disposal of Derelict or Abandoned Aircraft on the Premises of Public-Use Airports. - (1)(a) Whenever any derelict or abandoned aircraft is found or...

705.184 - Derelict or Abandoned Motor Vehicles on the Premises of Public-Use Airports. - (1)(a) Whenever any derelict or abandoned motor vehicle is found...

705.185 - Disposal of Personal Property Lost or Abandoned on the Premises of Certain Facilities. - History.—s. 2, ch. 2019-6.

705.19 - Abandonment of Animals by Owner; Procedure for Handling. - (1) Any animal placed in the custody of a licensed...

Chapter 707 - Estrays

707.18 - Owners of Strayed Animals May Enter Pasture of Another to Seek for Same. - History.—s. 1, ch. 5417, 1905; RGS 3928; CGL 5835.

707.19 - Owner of Strayed Animals to Notify Owner of Pasture of Intention to Enter. - History.—s. 2, ch. 5417, 1905; RGS 3929; CGL 5836.

707.20 - Duty of Owner of Pasture to Facilitate Entry. - History.—s. 3, ch. 5417, 1905; RGS 3930; CGL 5837.

707.21 - Refusing Entrance to Pasture to Seek Strayed Domestic Animals. - History.—ss. 1, 4, ch. 5417, 1905; RGS 5238; CGL 7357;...

Chapter 708 - Married Women's Property

708.05 - Husband Not Liable for Antenuptial Debts of Wife. - History.—s. 5, March 6, 1845; RS 2073; GS 2591; RGS...

708.08 - Married Women’s Rights; Separate Property. - (1) Every married woman is empowered to take charge of...

708.09 - Married Women’s Rights; Agreements With Husband, Power of Attorney, Etc. - History.—s. 1, ch. 21696, 1943; s. 2, ch. 21932, 1943;...

708.10 - Married Women’s Rights; Construction of Law. - (1) Relieving a husband from any duty of supporting and...

Chapter 709 - Powers of Attorney and Similar Instruments

Part I - Powers of Appointment (Ss. 709.02-709.07)

709.02 - Power of appointment; method of release. - History.—s. 1, ch. 23007, 1945; s. 795, ch. 97-102.

709.03 - Power of appointment; property held in trust. - History.—s. 2, ch. 23007, 1945.

709.04 - Power of appointment; effect of release. - History.—s. 3, ch. 23007, 1945.

709.05 - Powers of appointment; validation of prior releases. - History.—s. 4, ch. 23007, 1945.

709.06 - Powers of appointment included in law. - History.—s. 5, ch. 23007, 1945.

709.07 - Power of appointment; effect of release on title to property. - History.—s. 7, ch. 23007, 1945.

Part II - Powers of Attorney (Ss. 709.2101-709.2402)

709.2101 - Short title. - History.—s. 3, ch. 2011-210.

709.2102 - Definitions. - (1) “Agent” means a person granted authority to act for...

709.2103 - Applicability. - (1) A proxy or other delegation to exercise voting rights...

709.2104 - Durable power of attorney. - History.—s. 6, ch. 2011-210.

709.2105 - Qualifications of agent; execution of power of attorney. - (1) The agent must be a natural person who is...

709.2106 - Validity of power of attorney. - (1) A power of attorney executed on or after October...

709.2107 - Meaning and effectiveness of power of attorney. - (1) Is used in this state; or (2) States that...

709.2108 - When power of attorney is effective. - (1) Except as provided in this section, a power of...

709.2109 - Termination or suspension of power of attorney or agent’s authority. - (1) A power of attorney terminates when: (a) The principal...

709.2110 - Revocation of power of attorney. - (1) A principal may revoke a power of attorney by...

709.2111 - Co-agents and successor agents. - (1) A principal may designate two or more persons to...

709.2112 - Reimbursement and compensation of agent. - (1) Unless the power of attorney otherwise provides, an agent...

709.2113 - Agent’s acceptance of appointment. - History.—s. 15, ch. 2011-210.

709.2114 - Agent’s duties. - (1) An agent is a fiduciary. Notwithstanding the provisions in...

709.2115 - Exoneration of agent. - (1) Relieves the agent of liability for breach of a...

709.2116 - Judicial relief; conflicts of interests. - (1) A court may construe or enforce a power of...

709.2117 - Agent’s liability. - (1) Restore the value of the principal’s property to what...

709.2118 - Agent’s resignation. - History.—s. 20, ch. 2011-210.

709.2119 - Acceptance of and reliance upon power of attorney. - (1)(a) A third person who in good faith accepts a...

709.2120 - Rejecting power of attorney. - (1) A third person must accept or reject a power...

709.2121 - Notice. - (1) A notice, including a notice of revocation, notice of...

709.2201 - Authority of agent. - (1) Except as provided in this section or other applicable...

709.2202 - Authority that requires separate signed enumeration. - (1) Notwithstanding s. 709.2201, an agent may exercise the following...

709.2208 - Banks and other financial institutions. - (1) A power of attorney that includes the statement that...

709.2301 - Principles of law and equity. - History.—s. 27, ch. 2011-210.

709.2302 - Laws applicable to financial institutions and entities. - History.—s. 28, ch. 2011-210.

709.2303 - Remedies under other law. - History.—s. 29, ch. 2011-210.

709.2401 - Relation to electronic signatures in federal law. - History.—s. 30, ch. 2011-210.

709.2402 - Effect on existing powers of attorney. - (1) With respect to formalities of execution, this part applies...

Chapter 710 - Transfers to Minors

710.101 - Short Title. - History.—s. 1, ch. 85-95.

710.102 - Definitions. - (1) “Adult” means an individual who has attained the age...

710.103 - Scope and Jurisdiction. - (1) This act applies to a transfer that refers to...

710.104 - Nomination of Custodian. - (1) A person having the right to designate the recipient...

710.105 - Transfer by Gift or Exercise of Power of Appointment. - History.—s. 1, ch. 85-95; s. 2, ch. 2015-140.

710.106 - Transfer Authorized by Will or Trust. - (1) A personal representative or trustee may make an irrevocable...

710.107 - Other Transfer by Fiduciary. - (1) Subject to subsection (3), a personal representative or trustee...

710.108 - Transfer by Obligor. - (1) Subject to subsections (2) and (3), a person not...

710.109 - Receipt for Custodial Property. - History.—s. 1, ch. 85-95.

710.111 - Manner of Creating Custodial Property and Effecting Transfer; Designation of Initial Custodian; Control. - (1) Custodial property is created and a transfer is made...

710.112 - Single Custodianship. - History.—s. 1, ch. 85-95.

710.113 - Validity and Effect of Transfer. - (1) The validity of a transfer made in a manner...

710.114 - Care of Custodial Property. - (1) A custodian shall: (a) Take control of custodial property;...

710.115 - Powers of Custodian. - (1) A custodian, acting in a custodial capacity, has all...

710.116 - Use of Custodial Property. - (1) A custodian may deliver or pay to the minor...

710.117 - Custodian’s Expenses, Compensation, and Bond. - (1) A custodian is entitled to reimbursement from custodial property...

710.118 - Exemption of Third Person From Liability. - (1) The validity of the purported custodian’s designation; (2) The...

710.119 - Liability to Third Persons. - (1) A claim based on: (a) A contract entered into...

710.121 - Renunciation, Resignation, Death, or Removal of Custodian; Designation of Successor Custodian. - (1) A person nominated under s. 710.104 or designated under...

710.122 - Accounting by and Determination of Liability of Custodian. - (1) A minor who has attained the age of 14...

710.123 - Termination of Custodianship. - (1) The custodian shall transfer in an appropriate manner the...

710.124 - Applicability. - (1) The transfer purports to have been made under the...

710.125 - Effect on Existing Custodianships. - (1) Any transfer of custodial property as now defined in...

710.126 - Uniformity of Application and Construction. - History.—s. 1, ch. 85-95.

Chapter 711 - Florida Uniform Transfer-on-Death Security Registration Act

711.50 - Short Title. - History.—s. 3, ch. 94-216.

711.501 - Definitions. - (1) “Beneficiary form” means a registration of a security which...

711.502 - Registration in Beneficiary Form; Sole or Joint Tenancy Ownership. - History.—s. 3, ch. 94-216.

711.503 - Registration in Beneficiary Form; Applicable Law. - History.—s. 3, ch. 94-216.

711.504 - Origination of Registration in Beneficiary Form. - History.—s. 3, ch. 94-216.

711.505 - Form of Registration in Beneficiary Form. - History.—s. 3, ch. 94-216.

711.506 - Effect of Registration in Beneficiary Form. - History.—s. 3, ch. 94-216.

711.507 - Ownership on Death of Owner. - History.—s. 3, ch. 94-216.

711.508 - Protection of Registering Entity. - (1) A registering entity is not required to offer or...

711.509 - Nontestamentary Transfer on Death. - (1) A transfer on death resulting from a registration in...

711.51 - Terms, Conditions, and Forms for Registration. - (1) A registering entity offering to accept registrations in beneficiary...

711.511 - Rules of Construction. - (1) Sections 711.50-711.512 shall be liberally construed and applied to...

711.512 - Application of Ss. 711.50-711.512. - History.—s. 3, ch. 94-216.

Chapter 712 - Marketable Record Titles to Real Property

712.001 - Short Title. - History.—s. 1, ch. 2018-55.

712.01 - Definitions. - (1) “Community covenant or restriction” means any agreement or limitation...

712.02 - Marketable Record Title; Suspension of Applicability. - (1) The person claiming such estate; or (2) Some other...

712.03 - Exceptions to Marketability. - 1(1) Estates or interests, easements and use restrictions disclosed by...

712.04 - Interests Extinguished by Marketable Record Title. - (1) A comprehensive plan or plan amendment; zoning ordinance; land...

712.05 - Effect of Filing Notice. - (1) A person claiming an interest in land or other...

712.06 - Contents of Notice; Recording and Indexing. - (1) To be effective, the notice referred to in s....

712.065 - Extinguishment of Discriminatory Restrictions. - (1) As used in this section, the term “discriminatory restriction”...

712.07 - Limitations of Actions and Recording Acts. - History.—s. 7, ch. 63-133.

712.08 - Filing False Claim. - History.—s. 8, ch. 63-133; s. 799, ch. 97-102.

712.09 - Extension of 30-Year Period. - History.—s. 9, ch. 63-133.

712.095 - Notice Required by July 1, 1983. - History.—s. 2, ch. 81-242; s. 11, ch. 2018-55.

712.10 - Law to Be Liberally Construed. - History.—s. 10, ch. 63-133.

712.11 - Covenant Revitalization. - History.—s. 1, ch. 2007-173; s. 5, ch. 2018-55.

712.12 - Covenant or Restriction Revitalization by Parcel Owners Not Subject to a Homeowners’ Association. - (1) As used in this section, the term: (a) “Community”...

Chapter 713 - Liens, Generally

Part I - Construction Liens (Ss. 713.001-713.37)

713.001 - Short title of part. - History.—s. 1, ch. 90-109.

713.01 - Definitions. - (1) “Abandoned property” means all tangible personal property that has...

713.012 - Written notices, demands, or requests. - History.—s. 3, ch. 2007-221.

713.015 - Mandatory provisions for direct contracts. - (1) Any direct contract greater than $2,500 between an owner...

713.02 - Types of lienors and exemptions. - (1) Persons performing the services described in s. 713.03 shall...

713.03 - Liens for professional services. - (1) Any person who performs services as architect, landscape architect,...

713.04 - Subdivision improvements. - (1) Any lienor who, regardless of privity, performs services or...

713.05 - Liens of persons in privity. - History.—s. 1, ch. 63-135; s. 3, ch. 65-456; s. 2,...

713.06 - Liens of persons not in privity; proper payments. - (1) A materialman or laborer, either of whom is not...

713.07 - Priority of liens. - (1) Liens under ss. 713.03 and 713.04 shall attach at...

713.08 - Claim of lien. - (1) For the purpose of perfecting her or his lien...

713.09 - Single claim of lien. - History.—s. 1, ch. 63-135; s. 8, ch. 65-456; s. 35,...

713.10 - Extent of liens. - (1) Except as provided in s. 713.12, a lien under...

713.11 - Liens for improving land in which the contracting party has no interest. - History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 807,...

713.12 - Liens for improving real property under contract with husband or wife on property of the other or of both. - History.—s. 1, ch. 63-135; s. 35, ch. 67-254. Note.—Former s....

713.13 - Notice of commencement. - (1)(a) Except for an improvement that is exempt pursuant to...

713.132 - Notice of termination. - (1) An owner may terminate the period of effectiveness of...

713.135 - Notice of commencement and applicability of lien. - (1) When any person applies for a building permit, the...

713.14 - Application of money to materials account. - (1) Any owner, contractor, subcontractor, or sub-subcontractor, in making any...

713.15 - Repossession of materials not used. - History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 809,...

713.16 - Demand for copy of contract and statements of account; form. - (1) A copy of the contract of a lienor or...

713.165 - Request for list of subcontractors and suppliers. - (1) An owner of real property may request from the...

713.17 - Materials not attachable for debts of purchaser. - History.—s. 1, ch. 63-135; s. 35, ch. 67-254. Note.—Former s....

713.18 - Manner of serving notices and other instruments. - (1) Service of notices, claims of lien, affidavits, assignments, and...

713.19 - Assignment of lien. - History.—s. 1, ch. 63-135; s. 12, ch. 65-456; s. 35,...

713.20 - Waiver or release of liens. - (1) The acceptance by the lienor of an unsecured note...

713.21 - Discharge of lien. - (1) By entering satisfaction of the lien upon the margin...

713.22 - Duration of lien. - (1) A lien provided by this part does not continue...

713.23 - Payment bond. - (1)(a) The payment bond required to exempt an owner under...

713.235 - Waivers of right to claim against payment bond; forms. - (1) When a person is required to execute a waiver...

713.24 - Transfer of liens to security. - (1) Any lien claimed under this part may be transferred,...

713.245 - Conditional payment bond. - (1) Notwithstanding any provisions of ss. 713.23 and 713.24 to...

713.25 - Applicability of ch. 65-456. - History.—s. 17, ch. 65-456; s. 35, ch. 67-254. Note.—Former s....

713.26 - Redemption and sale. - History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 4,...

713.27 - Interplead. - History.—s. 1, ch. 63-135; s. 35, ch. 67-254. Note.—Former s....

713.28 - Judgments in case of failure to establish liens; personal and deficiency judgments or decrees. - (1) If a lienor shall fail, for any reason, to...

713.29 - Attorney’s fees. - History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 11,...

713.30 - Other actions not barred. - History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 817,...

713.31 - Remedies in case of fraud or collusion. - (1) When the owner or any lienor shall, by fraud...

713.32 - Insurance proceeds liable for demands. - History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 13,...

713.33 - Disbursing agent and others may rely on owner’s notices. - History.—s. 1, ch. 63-135; s. 35, ch. 67-254. Note.—Former s....

713.345 - Moneys received for real property improvements; penalty for misapplication. - (1)(a) A person, firm, or corporation, or an agent, officer,...

713.346 - Payment on construction contracts. - (1) Any person who receives a payment for constructing or...

713.3471 - Lender responsibilities with construction loans. - (1) Prior to a lender making any loan disbursement on...

713.35 - Making or furnishing false statement. - History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 9,...

713.37 - Rule of construction. - History.—s. 15, ch. 77-353.

Part II - Miscellaneous Liens (Ss. 713.50-713.79)

713.50 - Liens upon property. - History.—ss. 1, 6, ch. 3747, 1887; RS 1726, 1730; s....

713.56 - Liens for labor on and with machines, etc. - History.—s. 6, ch. 3747, 1887; RS 1730; s. 1, ch....

713.57 - Liens for labor on logs and timber. - History.—s. 7, ch. 3747, 1887; RS 1731; GS 2197; RGS...

713.58 - Liens for labor or services on personal property. - (1) In favor of persons performing labor or services for...

713.585 - Enforcement of lien by sale of motor vehicle. - (1) The lienor or the lienor’s agent must give notice...

713.59 - Liens for labor in raising crops. - History.—ch. 1899, 1872; s. 9, ch. 3747, 1887; RS 1733;...

713.595 - Liens for labor or services in ginning cotton. - (1) A lien prior in dignity to all others accruing...

713.596 - Molder’s liens. - (1) DEFINITIONS.—As used in this section, the term: (a) “Customer”...

713.60 - Liens for labor on or for vessels. - History.—s. 1, ch. 3612, 1885; RS 1734; GS 2200; s....

713.61 - Liens for manufacturing and repairing articles. - History.—s. 5, ch. 3747, 1887; RS 1735; GS 2201; RGS...

713.62 - Liens for furnishing articles to be manufactured. - History.—s. 7, ch. 3747, 1887; RS 1736; GS 2202; RGS...

713.63 - Liens for furnishing locomotives, machinery, etc. - History.—s. 9, ch. 3747, 1887; RS 1737; GS 2203; RGS...

713.64 - Liens for furnishing material for vessels. - History.—s. 14, ch. 40, 1845; ss. 1-4, ch. 1128, 1861;...

713.65 - Liens for care and maintenance of animals. - History.—s. 1, ch. 3618, 1885; RS 1739; GS 2205; RGS...

713.655 - Liens for professional services of veterinarians. - History.—s. 1, ch. 88-249.

713.66 - Liens for feed, etc., for racehorses, polo ponies and race dogs. - History.—s. 1, ch. 17092, 1935; CGL 1936 Supp. 5373(1); s....

713.665 - Liens for furnishing pest control. - (1) A lien on real property improved for any money...

713.67 - Liens for board, lodging, etc., at hotels, etc. - History.—s. 6, ch. 1999, 1874; RS 1740; GS 2206; RGS...

713.68 - Liens for hotels, apartment houses, roominghouses, boardinghouses, etc. - History.—s. 1, ch. 12080, 1927; CGL 5375; s. 36, ch....

713.69 - Unlawful to remove property upon which lien has accrued. - History.—ss. 2, 3, ch. 12080, 1927; CGL 5376, 7323; s....

713.691 - Landlord’s lien for rent; exemptions. - (1) With regard to a residential tenancy, the landlord has...

713.70 - Lien for service of stallions and other animals. - History.—s. 1, ch. 4352, 1895; GS 2207; s. 1, ch....

713.71 - Liens for loans and advances. - History.—s. 1, ch. 4163, 1893; GS 2208; RGS 3515; CGL...

713.73 - Priority of foregoing liens. - History.—s. 12, ch. 5143, 1903; GS 2209; RGS 3516; CGL...

713.74 - Acquisition of liens by persons in privity with the owner. - History.—RS 1742; s. 1, ch. 4582, 1897; ss. 8, 9,...

713.75 - Acquisition of liens by persons not in privity with the owner. - History.—RS 1743; s. 2, ch. 4582, 1897; ss. 1, 15,...

713.76 - Release of lien by filing bond. - (1) Any lienee may release his or her property from...

713.77 - Liens of owners, operators, or keepers of mobile home or recreational vehicle parks; ejection of occupants. - History.—s. 11, ch. 12419, 1927; s. 1, ch. 19365, 1939;...

713.78 - Liens for recovering, towing, or storing vehicles and vessels. - (1) For the purposes of this section, the term: (a)...

713.785 - Liens for recovering, towing, or storing mobile homes. - (1) As used in this section, the term: (a) “Mobile...

713.79 - Liens for interior design services. - History.—s. 3, ch. 85-103; s. 831, ch. 97-102.

Part III - Oil and Gas Liens (Ss. 713.801-713.825)

713.801 - Definitions. - (1) “Interest holder” means a person, or his or her...

713.803 - Entitlement to lien. - (1) In the drilling or operating of any oil or...

713.805 - Property subject to lien. - (1) The leasehold interest or that portion thereof covered by...

713.807 - Subcontractors’ lien. - History.—s. 1, ch. 75-51; s. 834, ch. 97-102.

713.809 - Forfeiture or failure of title. - History.—s. 1, ch. 75-51.

713.811 - Notice to purchasers of oil and gas. - History.—s. 1, ch. 75-51; s. 835, ch. 97-102.

713.813 - Liability of interest holder to subcontractors. - History.—s. 1, ch. 75-51.

713.815 - Date lien arises. - History.—s. 1, ch. 75-51.

713.817 - Parity of liens; exception. - History.—s. 1, ch. 75-51.

713.819 - When single claim of lien sufficient. - History.—s. 1, ch. 75-51.

713.821 - Claim of lien. - History.—s. 1, ch. 75-51.

713.823 - Release of lien by filing bond. - History.—s. 1, ch. 75-51; s. 836, ch. 97-102.

713.825 - Duration of lien. - History.—s. 1, ch. 75-51.

Part IV - Florida Uniform Federal Lien Registration Act (S. 713.901)

713.901 - Florida Uniform Federal Lien Registration Act. - (1) SHORT TITLE.—This section may be cited as the “Florida...

Chapter 714 - Uniform Commercial Real Estate Receivership Act

714.01 - Short Title. - History.—s. 1, ch. 2020-106.

714.02 - Definitions. - (1) “Affiliate” means: (a) With respect to an individual: 1....

714.03 - Notice and Opportunity for Hearing. - (1) Except as otherwise provided in subsection (2), the court...

714.04 - Scope; Exclusions. - (1) This chapter applies to a receivership initiated in a...

714.05 - Power of the Court. - History.—s. 1, ch. 2020-106.

714.06 - Appointment of Receiver. - (1) The court may appoint a receiver: (a) Before judgment,...

714.07 - Disqualification From Appointment as Receiver; Disclosure of Interest. - (1) The court may not appoint a person as receiver...

714.08 - Receiver’s Bond; Alternative Security. - (1) Except as otherwise provided in subsection (2), a receiver...

714.09 - Status of Receiver as Lien Creditor. - (1) Chapter 679 as to receivership property or fixtures; and...

714.10 - Security Agreement Covering After-Acquired Property. - History.—s. 1, ch. 2020-106.

714.11 - Collection and Turnover of Receivership Property. - (1) Unless the court orders otherwise, on demand by a...

714.12 - Powers and Duties of Receiver. - (1) Except as limited by court order or the laws...

714.13 - Duties of Owner. - (1) An owner shall: (a) Assist and cooperate with the...

714.14 - Stay; Injunction. - (1) Except as otherwise provided in subsection (5), after notice...

714.15 - Engagement and Compensation of Professional. - (1) With court approval, a receiver may engage an attorney,...

714.16 - Use or Transfer of Receivership Property Not in Ordinary Course of Business. - (1) For the purposes of this section, the term “good...

714.17 - Executory Contract. - (1) For the purposes of this section, the term “timeshare...

714.18 - Defenses and Immunities of Receiver. - (1) A receiver is entitled to all defenses and immunities...

714.19 - Interim Report of Receiver. - (1) The activities of the receiver since appointment or a...

714.20 - Notice of Appointment; Claim Against Receivership; Distribution to Creditors. - (1) Except as otherwise provided in subsection (6), a receiver...

714.21 - Fees and Expenses. - (1) The court may award a receiver from receivership property...

714.22 - Removal of Receiver; Replacement; Termination of Receivership. - (1) The court may remove a receiver for cause. (2)...

714.23 - Final Report of Receiver; Discharge. - (1) Upon completion of a receiver’s duties, the receiver shall...

714.24 - Receivership in Another State; Ancillary Proceeding. - (1) The court may appoint a receiver appointed in another...

714.25 - Effect of Enforcement by Mortgagee. - (1) Make the mortgagee a mortgagee in possession of the...

714.26 - Uniformity of Application and Construction. - History.—s. 1, ch. 2020-106.

714.27 - Relation to Electronic Signatures in Global and National Commerce Act. - History.—s. 1, ch. 2020-106.

714.28 - Transition. - History.—s. 1, ch. 2020-106.

Chapter 715 - Property: General Provisions

715.02 - Prohibiting Recovery From Seller of Forfeited Deposit or Down Payment Made by Check, Draft, or Obligation Refused Through No Fault of Seller. - History.—s. 1, ch. 24304, 1947; s. 11, ch. 25035, 1949.

715.03 - Laundries and Drycleaners; Disposition of Unclaimed Articles. - History.—s. 1, ch. 57-416.

715.06 - Real Estate; Exploration for Minerals. - History.—s. 1, ch. 67-120; s. 838, ch. 97-102.

715.065 - Jewelry Stores; Television or Radio Repair Stores; Disposition of Unclaimed Articles. - History.—s. 1, ch. 76-255; s. 1, ch. 95-167.

715.07 - Vehicles or Vessels Parked on Private Property; Towing. - (1) As used in this section, the term: (a) “Vehicle”...

715.075 - Vehicles Parked on Private Property; Rules and Rates Authorized. - (1) The owner or operator of a private property used...

715.10 - Disposition of Personal Property Landlord and Tenant Act; Short Title. - History.—s. 11, ch. 83-151.

715.101 - Application of Ss. 715.10-715.111. - (1) Sections 715.10-715.111 apply to all tenancies to which part...

715.102 - Definitions of Terms Used in Ss. 715.10-715.111. - (1) “Landlord” means any operator, keeper, lessor, or sublessor of...

715.103 - Lost Property. - History.—s. 11, ch. 83-151; s. 841, ch. 97-102.

715.104 - Notification of Former Tenant of Personal Property Remaining on Premises After Tenancy Has Terminated. - (1) When personal property remains on the premises after a...

715.105 - Form of Notice Concerning Abandoned Property to Former Tenant. - (1) A notice to the former tenant which is in...

715.106 - Form of Notice Concerning Abandoned Property to Owner Other Than Former Tenant. - (1) A notice which is in substantially the following form...

715.107 - Storage of Abandoned Property. - History.—s. 11, ch. 83-151; s. 843, ch. 97-102.

715.108 - Release of Personal Property. - (1) The personal property described in the notice shall be...

715.109 - Sale or Disposition of Abandoned Property. - (1) If the personal property described in the notice is...

715.11 - Nonliability of Landlord After Disposition of Property. - (1) Notwithstanding the provisions of s. 715.101, after the landlord...

715.111 - Assessing Costs of Storage. - (1) Costs of storage for which payment may be required...

715.12 - Construction Contract Prompt Payment Law. - (1) This section may be cited as the “Construction Contract...

Chapter 716 - Escheats

716.01 - Declaration of Policy. - History.—s. 1, ch. 24333, 1947.

716.02 - Escheat of Funds in the Possession of Federal Agencies. - (1) All money or other property which has remained in,...

716.03 - Department to Institute Proceedings to Recover Escheated Property. - History.—s. 3, ch. 24333, 1947; s. 11, ch. 25035, 1949;...

716.04 - Jurisdiction. - History.—s. 4, ch. 24333, 1947; ss. 12, 35, ch. 69-106;...

716.05 - Money Recovered to Be Paid Into State Treasury. - History.—s. 5, ch. 24333, 1947; ss. 12, 35, ch. 69-106;...

716.06 - Public Records. - History.—s. 6, ch. 24333, 1947; ss. 12, 35, ch. 69-106;...

716.07 - Recovery of Escheated Property by Claimant. - (1) Any person who claims any property, funds, or money...

Chapter 717 - Disposition of Unclaimed Property

717.001 - Short Title. - History.—s. 1, ch. 87-105.

717.101 - Definitions. - (1) “Aggregate” means the amounts reported for owners of unclaimed...

717.102 - Property Presumed Unclaimed; General Rule. - (1) All intangible property, including any income or increment thereon...

717.103 - General Rules for Taking Custody of Intangible Unclaimed Property. - (1) The last known address, as shown on the records...

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. - (1) All intangible property, including, but not limited to, any...

717.104 - Traveler’s Checks and Money Orders. - (1) Subject to subsection (4), any sum payable on a...

717.1045 - Gift Certificates and Similar Credit Items. - (1) The consideration paid for an unredeemed gift certificate or...

717.105 - Checks, Drafts, and Similar Instruments Issued or Certified by Banking and Financial Organizations. - (1) Any sum payable on a check, draft, or similar...

717.106 - Bank Deposits and Funds in Financial Organizations. - (1) Any demand, savings, or matured time deposit with a...

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. - (1) Funds held or owing under any life or endowment...

717.1071 - Lost Owners of Unclaimed Demutualization, Rehabilitation, or Related Reorganization Proceeds. - (1) Property distributable in the course of a demutualization, rehabilitation,...

717.108 - Deposits Held by Utilities. - History.—s. 9, ch. 87-105; s. 4, ch. 96-301; s. 9,...

717.109 - Refunds Held by Business Associations. - History.—s. 10, ch. 87-105; s. 10, ch. 2001-36; s. 113,...

717.1101 - Unclaimed Equity and Debt of Business Associations. - (1)(a) Stock or other equity interest in a business association...

717.111 - Property of Business Associations Held in Course of Dissolution. - History.—s. 12, ch. 87-105; s. 12, ch. 2001-36.

717.112 - Property Held by Agents and Fiduciaries. - (1) Except as provided in ss. 717.1125 and 733.816, all...

717.1125 - Property Held by Fiduciaries Under Trust Instruments. - History.—s. 4, ch. 2013-172.

717.113 - Property Held by Courts and Public Agencies. - History.—s. 14, ch. 87-105; s. 4, ch. 94-193; s. 71,...

717.115 - Wages. - History.—s. 16, ch. 87-105; s. 15, ch. 2001-36.

717.116 - Contents of Safe-Deposit Box or Other Safekeeping Repository. - History.—s. 17, ch. 87-105; s. 8, ch. 96-301; s. 16,...

717.117 - Report of Unclaimed Property. - (1) Every person holding funds or other property, tangible or...

717.118 - Notification of Apparent Owners of Unclaimed Property. - (1) It is specifically recognized that the state has an...

717.119 - Payment or Delivery of Unclaimed Property. - (1) Every person who is required to file a report...

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. - (1) Upon the payment or delivery of property to the...

717.121 - Crediting of Dividends, Interest, or Increments to Owner’s Account. - History.—s. 22, ch. 87-105.

717.122 - Public Sale of Unclaimed Property. - (1) Except as provided in paragraph (2)(a), the department after...

717.123 - Deposit of Funds. - (1) All funds received under this chapter, including the proceeds...

717.1235 - Dormant Campaign Accounts; Report of Unclaimed Property. - History.—s. 3, ch. 2016-90.

717.124 - Unclaimed Property Claims. - (1) Any person, excluding another state, claiming an interest in...

717.12403 - Unclaimed Demand, Savings, or Checking Account in a Financial Institution Held in the Name of More Than One Person. - (1)(a) If an unclaimed demand, savings, or checking account in...

717.12404 - Claims on Behalf of a Business Entity or Trust. - (1)(a) Claims on behalf of an active or dissolved corporation,...

717.12405 - Claims by Estates. - History.—s. 124, ch. 2004-390.

717.12406 - Joint Ownership of Unclaimed Securities or Dividends. - (1) “TEN COM” means tenants in common. (2) “TEN ENT”...

717.1241 - Conflicting Claims. - (1) When conflicting claims have been received by the department...

717.1242 - Restatement of Jurisdiction of the Circuit Court Sitting in Probate and the Department. - (1) It is and has been the intent of the...

717.1243 - Small Estate Accounts. - (1) A claim for unclaimed property made by a beneficiary,...

717.1244 - Determinations of Unclaimed Property Claims. - History.—s. 127, ch. 2004-390.

717.1245 - Garnishment of Unclaimed Property. - History.—s. 14, ch. 2005-163.

717.125 - Claim of Another State to Recover Property; Procedure. - (1) At any time after property has been paid or...

717.126 - Administrative Hearing; Burden of Proof; Proof of Entitlement; Venue. - (1) Any person aggrieved by a decision of the department...

717.1261 - Death Certificates. - History.—s. 129, ch. 2004-390.

717.1262 - Court Documents. - History.—s. 130, ch. 2004-390; s. 5, ch. 2016-90.

717.127 - Election to Take Payment or Delivery. - History.—s. 28, ch. 87-105; s. 18, ch. 96-301.

717.128 - Destruction or Disposition of Property Having Insubstantial Commercial Value; Immunity From Liability. - History.—s. 29, ch. 87-105.

717.129 - Periods of Limitation. - (1) The expiration before or after July 1, 1987, of...

717.1301 - Investigations; Examinations; Subpoenas. - (1) The department may make investigations and examinations within or...

717.1311 - Retention of Records. - (1) Every holder required to file a report under s....

717.1315 - Retention of Records by Claimant’s Representatives and Buyers of Unclaimed Property. - (1) Every claimant’s representative and buyer of unclaimed property shall...

717.132 - Enforcement; Cease and Desist Orders; Fines. - (1) The department may bring an action in any court...

717.1322 - Administrative and Civil Enforcement. - (1) The following acts are violations of this chapter and...

717.1323 - Prohibited Practice. - History.—s. 19, ch. 2005-163; s. 41, ch. 2016-165.

717.133 - Interstate Agreements and Cooperation; Joint and Reciprocal Actions With Other States. - (1) The department may enter into agreements with other states...

717.1331 - Actions Against Holders. - History.—s. 135, ch. 2004-390; s. 20, ch. 2005-163.

717.1333 - Evidence; Estimations; Audit Reports, Examiner’s Worksheets, Investigative Reports, Other Related Documents. - (1) In any proceeding involving a holder under ss. 120.569...

717.134 - Penalties and Interest. - (1) The department may impose and collect a penalty of...

717.1341 - Invalid Claims, Recovery of Property, Interest and Penalties. - (1)(a) No person shall receive unclaimed property that the person...

717.135 - Recovery Agreements and Purchase Agreements for Claims Filed by a Claimant’s Representative; Fees and Costs. - (1) In order to protect the interests of owners of...

717.1355 - Theme Park and Entertainment Complex Tickets. - History.—s. 23, ch. 96-301.

717.136 - Foreign Transactions. - History.—s. 37, ch. 87-105.

717.138 - Rulemaking Authority. - History.—s. 39, ch. 87-105; s. 220, ch. 98-200; s. 31,...

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Florida Statutes Title XL - Real and Personal Property

Florida Statutes
Title XL - Real and Personal Property