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Florida Statute 717.102 - Full Text and Legal Analysis
Florida Statute 717.102 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 717.102 Case Law from Google Scholar Google Search for Amendments to 717.102

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY
Chapter 717
DISPOSITION OF UNCLAIMED PROPERTY
View Entire Chapter
717.102 Property presumed unclaimed; general rule.
(1) All intangible property, including any income or increment thereon less any lawful charges, that is held, issued, or owing in the ordinary course of the holder’s business and the owner fails to claim such property for more than 5 years after the property becomes payable or distributable is presumed unclaimed, except as otherwise provided by this chapter.
(2) Property is payable or distributable for the purpose of this chapter notwithstanding the owner’s failure to make demand or to present any instrument or document required to receive payment.
(3) A presumption that property is unclaimed is rebutted by an apparent owner’s expression of interest in the property. An owner’s expression of interest in property includes:
(a) A record communicated by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held;
(b) An oral communication by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held, if the holder or its agent contemporaneously makes and preserves a record of the fact of the apparent owner’s communication;
(c) Presentment of a check or other instrument of payment of a dividend, interest payment, or other distribution, with respect to an account, underlying security, or interest in a business association;
(d) Activity directed by an apparent owner in the account in which the property is held, including accessing the account or information concerning the account, or a direction by the apparent owner to increase, decrease, or otherwise change the amount or type of property held in the account;
(e) A deposit into or withdrawal from an account at a financial organization, excluding an automatic deposit or withdrawal previously authorized by the apparent owner or an automatic reinvestment of dividends or interest, which does not constitute an expression of interest; or
(f) Any other action by the apparent owner which reasonably demonstrates to the holder that the apparent owner knows that the property exists.
(4) If a holder learns or receives confirmation of an apparent owner’s death, the property shall be presumed unclaimed 2 years after the date of death, unless a fiduciary appointed to represent the estate of the apparent owner has made an expression of interest in the property before the expiration of the 2-year period. This subsection may not be construed to extend the otherwise applicable dormancy period prescribed by this chapter.
History.s. 3, ch. 87-105; s. 2, ch. 2001-36; s. 40, ch. 2024-140.

F.S. 717.102 on Google Scholar

F.S. 717.102 on CourtListener

Amendments to 717.102


Annotations, Discussions, Cases:

Cases Citing Statute 717.102

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Bondi v. Brito, 159 So. 3d 369 (Fla. 2d DCA 2015).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2015 WL 1088400

...The court’s order to release in 2D12-4231 was for $2838.57 to NERS and $5763.17 to Noble Belcher, III; in 2D12-3315, for $2300 to NERS and $3432.30 to Armando and Rosa Marie Brito; and in 2D12-3534, for $2266.53 to NERS and $4601.76 to Russell Cooley. . Section 717.102(1), Florida Statutes (2010), like section 43.19, requires that property remain unclaimed for a period of five years before it may be disposed of pursuant to the procedures outlined in the statutes.
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Thrivent Fin. For Lutherans v. State of Florida, Dept. of Fin. Servs., 145 So. 3d 178 (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal | 2014 WL 3819476, 2014 Fla. App. LEXIS 11923

...Longboat Key Beach Erosion Control Dist., 604 So. 2d 452, 455 (Fla. 1992) (“Where possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another.”) (emphasis omitted). DFS relies on section 717.102, Florida Statutes, to support its interpretation that life insurance is due and payable at the time of death, even if no claim is made. Subsection 717.102(2) states that “[p]roperty is payable or distributable for the purpose of this chapter notwithstanding the owner’s failure to make demand or to present any instrument or document required to receive payment.” Section 717.102 is titled a “general rule,” but that general rule does not control over section 717.107, which deals specifically with “[f]unds owing under life insurance policies.” See Murray v....
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Bank of Am., N.A. v. McCann, 444 F. Supp. 2d 1227 (N.D. Fla. 2006).

Published | District Court, N.D. Florida | 2006 U.S. Dist. LEXIS 61993, 2006 WL 2398680

...e of many millions of dollars in favor of Bank of America. The Relators assert that when these funds were unclaimed for the requisite period, they should have been turned over to the State of Florida under the Florida unclaimed property statute. See § 717.102(1), Fla....
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Humana, Inc. v. Dep't of Banking & Fin., 603 So. 2d 672 (Fla. 1st DCA 1992).

Published | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 8929, 1992 WL 191326

...ation. In its final order, the Department adopted the recommendation of the hearing officer that appellant be required to remit to the Department the sum of $183 as proceeds of the above-mentioned refund check, and to pay a $250 administrative fine. Section 717.102(1), Florida Statutes (1989), provides: (1) All intangible property, including any income or increment thereon less any lawful charges, that is held, issued, or owing in the ordinary course of the holder’s business and has remained u...
...ed in section 717.101(11) and (7), Florida Statutes (1989), respectively. The Department contends it is the proper custodian of the $183 because the facts of this case satisfy all of the conditions that give rise to a presumption of abandonment. See section 717.102, Florida Statutes (1989)....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.