Florida Statute 717.126 - 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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717.126 Administrative hearing; burden of proof; proof of entitlement; venue.—

(1) Any person aggrieved by a decision of the department may petition for a hearing as provided in ss. 120.569 and 120.57. In any proceeding for determination of a claim to property paid or delivered to the department under this chapter, the burden shall be upon the claimant to establish entitlement to the property by a preponderance of evidence. Having the same name as that reported to the department is not sufficient, in the absence of other evidence, to prove entitlement to unclaimed property.

(2) Unless otherwise agreed by the parties, venue shall be in Tallahassee, Leon County, Florida. However, upon the request of a party, the presiding officer may, in the presiding officer’s discretion, conduct the hearing at an alternative remote video location.

History.—s. 27, ch. 87-105; s. 297, ch. 96-410; s. 128, ch. 2004-390.

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Amendments to 717.126

Annotations, Discussions, Cases:

Cases Citing Statute 717.126

Total Results: 11 | Sort by: Relevance | Newest First

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Atwater v. Citibank, F.S.B., Inc., 96 So. 3d 1010 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 13470, 2012 WL 3316508

...(2011) (“The Chief Financial Officer shall approve or disapprove the claim.”); § 717.1244, Fla. Stat. (2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and ease law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla....

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Atwater v. Homeside Lending, Inc., 96 So. 3d 998 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 13464, 2012 WL 3316975

...(2011) (“The Chief Financial Officer shall approve or disapprove the claim.”); § 717.1244, Fla. Stat. (2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and case law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla....

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Atwater v. Metro. Mortg. Co., 96 So. 3d 996 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 13450, 2012 WL 3317029

...(2011) (“The Chief Financial Officer shall approve or disapprove the claim.”); § 717.1244, Fla. Stat. (2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and case law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla....

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Atwater v. Fed. Nat'l Mortg. Ass'n, 96 So. 3d 1009 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 13472, 2012 WL 3316594

...(2011) (“The Chief Financial Officer shall approve or disapprove the claim.”); § 717.1244, Fla. Stat. (2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and case law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla....

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Atwater v. Mortg. Elec. Reg. Sys., Inc., 98 So. 3d 1191 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 13473, 2012 WL 3316562

...”); § 717.1244, Fla. Stat. (2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and case law in accordance with the Florida Disposition. of Unclaimed Property Act); see also § 717.126, Fla....

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Atwater v. Equity One, Inc., 96 So. 3d 1012 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 13453, 2012 WL 3316484

...(2011) (“The Chief Financial Officer shall approve or disapprove the claim.”); § 717.1244, Fla. Stat. (2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and case law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla....

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Atwater v. Bruneau, 96 So. 3d 1014 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 13451, 2012 WL 3316406

...(2011) (“The Chief Financial Officer shall approve or disapprove the claim.”); § 717.1244, Fla. Stat. (2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and case law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla....

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Atwater v. Citibank Fed. Sav. Bank, 96 So. 3d 1000 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 13465, 2012 WL 3316949

...(2011) (“The Chief Financial Officer shall approve or disapprove the claim.”); § 717.1244, Fla. Stat. (2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and case law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla....

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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

the Florida Administrative Procedures Act. Id. § 717.126(1). Only after a claimant has exhausted these

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Crescenzo v. Atwater, 136 So. 3d 1248 (Fla. 2d DCA 2014).

Published | Florida 2nd District Court of Appeal | 2014 WL 1613401, 2014 Fla. App. LEXIS 5866

...ack to the registry of the court. If a claimant has difficulty convincing the CFO to honor a court order from a section 43.19proceeding as a claim under chapter 717, it seems to us that the solution rests in either an administrative proceeding under section 717.126 or in a separate lawsuit between the aggrieved claimant and the CFO....

...The requirements of chapter 717 simply are not relevant issues in the section 43.19 proceeding. Instead, if the CFO imposes substantive or procedural requirements on the claimant that the claimant believes to be unenforceable, those issues should be resolved either in an administrative proceed *1260 ing under section 717.126, or by a separate lawsuit between the aggrieved claimant and the CFO....

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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

...1301, Fla. Stat. (2013) (the Department has the authority to make investigations and examinations to enforce chapter 717); § 717.1341, Fla. Stat. (2013) (“No person shall receive unclaimed property that the person is not entitled to receive.”); § 717.126, Fla....

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