(1) Property is presumed abandoned upon expiration of the applicable dormancy period under this chapter. However, such property is not deemed abandoned for purposes of reporting or remittance to the department until the holder has conducted reasonable due diligence as required by this section, resulting in no indication of interest from the apparent owner or authorized representative.
(2) Holders of property presumed abandoned which has a value of $50 or more shall use due diligence to locate and notify the apparent owner that the holder is in possession of property subject to this chapter. At least 90 days, but not more than 180 days, before filing the report required by this section, a holder in possession of presumed abandoned property shall send written notice by first-class United States mail to the apparent owner’s last known address as shown in the holder’s records or from other available sources, or by e-mail if the apparent owner has elected for e-mail delivery, informing the apparent owner that the holder is in possession of property subject to this chapter, provided that the holder’s records contain a mailing or e-mail address for the apparent owner which is not known by the holder to be inaccurate. The holder may provide notice by mail, by e-mail, or by both methods. If the holder’s records indicate that the mailing address is inaccurate, notice may be provided by e-mail if the apparent owner has elected e-mail delivery.
(3) If the value of the property is greater than $1,000, the holder must send a second written notice by certified United States mail, return receipt requested, to the apparent owner’s last known address at least 60 days before filing the report required by this section, if the holder’s records contain a mailing address for the apparent owner which is not known by the holder to be inaccurate. Reasonable costs paid to the United States Postal Service for certified mail, return receipt requested, may be deducted from the property as a service charge. A signed return receipt received in response to the certified mail notice constitutes an affirmative demonstration of continued interest as described in s. 717.102. (4) The written notice required under this section must include:(a) A heading that reads substantially as follows: “Notice: The State of Florida requires us to notify you that your property may be transferred to the custody of the Florida Department of Financial Services if you do not contact us before (insert date that is at least 30 days after the date of notice) .”
(b) A description of the type, nature, and, unless the property does not have a fixed value, value of the property that is the subject of the notice.
(c) A statement that the property will be turned over to the custody of the department as abandoned property if no response is received.
(d) A statement that noncash property will be sold or liquidated by the department.
(e) A statement that, after the property is remitted to the department, a claim must be filed with the department to recover the property.
(f) A statement that the property is currently in the custody of the holder and that the apparent owner may prevent transfer of the property by contacting the holder before the deadline stated in the notice.
(g) If the property is virtual currency, a statement that the virtual currency will be liquidated by the holder before it is remitted to the department and that only the proceeds of the liquidation will be transferred.
(5) Every holder of abandoned property, tangible or intangible, subject to custody under this chapter shall submit a report to the department via electronic medium as the department may prescribe by rule. The report must include:(a) Except for traveler’s checks and money orders, the name, social security number or taxpayer identification number, date of birth, if known, and last known address, if any, of each apparent owner of any property which is abandoned and which has a value of $10 or more.
(b) For abandoned funds that have a value of $10 or more held or owing under any life or endowment insurance policy or annuity contract, the identifying information provided in paragraph (a) for both the insured or annuitant and the beneficiary according to records of the insurance company holding or owing the funds.
(c) For all tangible property held in a safe-deposit box or other safekeeping repository, a description of the property and the place where the property is held and may be inspected by the department, and any amounts owing to the holder. Contents of a safe-deposit box or other safekeeping repository which consist of documents or writings which have little or no commercial value may not be reported as abandoned property.
(d) The nature or type of property, any accounting or identifying number associated with the property, a description of the property, and the amount appearing from the records to be due. Items of value of less than $10 each may be reported in the aggregate.
(e) The date the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property.
(f) Any other information the department may prescribe by rule as necessary for the administration of this chapter.
(6) If the total value of all abandoned property, whether tangible or intangible, held by a person is less than $10, a zero balance report may be filed for that reporting period.
(7) Credit balances, customer overpayments, security deposits, and refunds having a value of less than $10 may not be reported as abandoned property.
(8) A security identified by the holder as non-freely transferable or worthless may not be included in a report filed under this section. If the holder determines that a security is no longer non-freely transferable or worthless, the holder must report and deliver the security on the next regular report date prescribed for delivery of securities by the holder under this chapter.
(9) If the holder of abandoned property subject to custody under this chapter is a successor holder or if the holder has changed the holder’s name while in possession of the property, the holder must file with the holder’s report all known names and addresses of each prior holder of the property. Compliance with this subsection means the holder exercises reasonable and prudent efforts to determine the names of all prior holders.
(10) The report must be signed by or on behalf of the holder and verified as to its completeness and accuracy, and the holder must state that it has complied with the due diligence requirements of this section.
(11) The report must be filed before May 1 of each year. The report applies to the preceding calendar year. Upon written request by any person required to file a report, and upon a showing of good cause, the department may extend the reporting date. The department may impose and collect a penalty of $10 per day up to a maximum of $500 for the failure to timely report, if an extension was not provided or if the holder of the property failed to include in a report information required by this chapter which was in the holder’s possession at the time of reporting. The penalty shall be remitted to the department within 30 days after the date of the notification to the holder that the penalty is due and owing. As necessary for proper administration of this chapter, the department may waive any penalty due with appropriate justification. The department must provide information contained in a report filed with the department to any person requesting a copy of the report or information contained in a report, to the extent the information requested is not confidential, within 45 days after the department determines that the report is accurate and acceptable and that the reported property is the same as the remitted property.
(12) Any holder of intangible property may file with the department a petition for determination that the property is abandoned and requesting the department to accept custody of the property. The petition shall state any special circumstances that exist, contain the information required by subsection (9), and show that a diligent search has been made to locate the apparent owner. If the department finds that the proof of diligent search is satisfactory, it shall give notice as provided in s. 717.118 and accept custody of the property. (13) Upon written request by any entity or person required to file a report, stating such entity’s or person’s justification for such action, the department may place that entity or person in an inactive status as an abandoned property “holder.”
(14)(a) This section does not apply to the abandoned patronage refunds as provided for by contract or through bylaw provisions of entities organized under chapter 425 or that are exempt from ad valorem taxation pursuant to s. 196.2002. (b) This section does not apply to intangible property held, issued, or owing by a business association subject to the jurisdiction of the United States Surface Transportation Board or its successor federal agency if the apparent owner of such intangible property is a business association. The holder of such property does not have any obligation to report, to pay, or to deliver such property to the department.
(c) This section does not apply to credit balances, overpayments, refunds, or outstanding checks owed by a health care provider to a managed care payor with whom the health care provider has a managed care contract, provided that the credit balances, overpayments, refunds, or outstanding checks become due and owing pursuant to the managed care contract.
(15)(a) As used in this subsection, the term “property identifier” means the descriptor used by the holder to identify the abandoned property.
(b) Social security numbers and property identifiers contained in reports required under this section, held by the department, are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (c) This exemption applies to social security numbers and property identifiers held by the department before, on, or after the effective date of this exemption.
