Florida Statute 717.1242 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 717
DISPOSITION OF UNCLAIMED PROPERTY

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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 Legislature that, pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of proceedings relating to the settlement of the estates of decedents and other jurisdiction usually pertaining to courts of probate. It is and has been the intent of the Legislature that, pursuant to this chapter, the department determines the merits of claims and entitlement to unclaimed property paid or delivered to the department under this chapter. Consistent with this legislative intent, any beneficiary, devisee, heir, personal representative, or other interested person, as those terms are defined in the Florida Probate Code and the Florida Trust Code, of an estate seeking to obtain property paid or delivered to the department under this chapter must file a claim with the department as provided in s. 717.124.

(2) If any estate or heir of an estate seeks or obtains an order from a circuit court sitting in probate directing the department to pay or deliver to any person property paid or delivered to the department under this chapter, the estate or heir shall be ordered to pay the department reasonable costs and attorney’s fees in any proceeding brought by the department to oppose, appeal, or collaterally attack the order if the department is the prevailing party in any such proceeding.

History.—s. 16, ch. 96-301; s. 126, ch. 2004-390; s. 12, ch. 2005-163; s. 49, ch. 2024-140.

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Amendments to 717.1242

Annotations, Discussions, Cases:

Cases Citing Statute 717.1242

Total Results: 3 | Sort by: Relevance | Newest First

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Atwater v. City of Cape Coral, 120 So. 3d 595 (Fla. 2d DCA 2013).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 3449645

...to unclaimed funds.”). Additionally, “[i]t is and has been the intent of the [legislature that, pursuant to [section] 717.124, the department determines the merits of claims for property paid or delivered to the department under this chapter.” § 717.1242(1)....

...ion 45.032 provided that the surplus funds became unclaimed property controlled by chapter 717, which vests the CFO and the Department alone with the authority to make the final determination as to the disposition of the unclaimed surplus funds. See § 717.1242....

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Yergin v. Georgopolos, 217 So. 3d 155 (Fla. 3d DCA 2017).

Published | Florida 3rd District Court of Appeal | 2017 WL 1277995, 2017 Fla. App. LEXIS 4659

Legislature reconciled these provisions in section 717.1242(1), finding that “consistent with [the] legislative

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Choice Plus, LLC v. Dep't of Fin. Servs., etc., 244 So. 3d 343 (Fla. 1st DCA 2018).

Published | Florida 1st District Court of Appeal

...estate funds in its possession, it had more than a ministerial duty to disburse the estate funds upon receipt of the proper claim form, government identification, and probate court orders. Rather, the Department references its duty to “determine the merits of the claims.” Section 717.1242(1), Florida Statutes (2013), provides, It is and has been the intent of the Legislature that, pursuant to s....

...3d 595, 599 (Fla. 2d DCA 2013) (holding once surplus judicial funds were transferred to the Chief Financial Officer, the provisions of section 45.032 provided that the surplus funds became unclaimed property controlled by chapter 717, such that under section 717.1242 the Chief Financial Officer and the Department alone had the authority to make the final determination as to the disposition of the unclaimed funds). We do not disagree that the Department carries a responsibility to ensure that funds are properly disbursed to the rightful owner....

...despite the circuit court’s order to do so. Bondi specifically provided, “We take no position regarding the validity or legitimacy of the circuit court's orders regarding entitlement to or transfer of the unclaimed funds.” Id. at 373. We do not read section 717.1242(1) as giving the Department independent jurisdiction over the merits of section 732.107 funds. Rather, section 717.1242 confirms that the probate court has jurisdiction to determine entitlement to the estate....

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