Bill Text: FL S0970 | 2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Unclaimed Property

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-03-04 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 783 (Ch. 2016-90) [S0970 Detail]

Download: Florida-2016-S0970-Introduced.html

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       Florida Senate - 2016                                     SB 970
       
       
        
       By Senator Richter
       
       
       
       
       
       23-01067A-16                                           2016970__
    1                        A bill to be entitled                      
    2         An act relating to unclaimed property; amending s.
    3         45.034, F.S.; revising qualifications for a surplus
    4         trustee; amending s. 717.101, F.S.; revising and
    5         providing definitions; creating s. 717.1235, F.S.;
    6         providing that certain unclaimed property shall
    7         escheat to the state for certain purposes; amending s.
    8         717.1243, F.S.; revising the aggregate value that
    9         constitutes a small estate account; amending s.
   10         717.1333, F.S.; revising requirements for the
   11         estimation of certain amounts due; amending s.
   12         717.135, F.S.; revising requirements for a power of
   13         attorney used in the recovery of unclaimed property;
   14         eliminating a maximum fee provision for such recovery;
   15         revising applicability; amending s. 717.1351, F.S.;
   16         revising requirements for contracts to acquire
   17         ownership of or entitlement to property; deleting a
   18         provision that allows certain wording on a purchase
   19         agreement; repealing s. 717.1381, F.S., relating to
   20         void unclaimed property powers of attorney and
   21         purchase agreements; amending s. 717.1400, F.S.;
   22         removing authority of certain private investigators to
   23         obtain social security numbers; revising registration
   24         requirements; providing retroactive applicability;
   25         providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (8) is added to section 45.034,
   30  Florida Statutes, to read:
   31         45.034 Qualifications and appointment of a surplus trustee
   32  in foreclosure actions.—
   33         (8)(a) A surplus trustee must not be an owner, shareholder,
   34  officer, member, employee, or participant in more than one
   35  surplus trustee company or corporation.
   36         (b) Upon a finding by the Department of Financial Services
   37  that a surplus trustee has violated this subsection, the surplus
   38  trustee’s certification shall be suspended for 1 year.
   39         Section 2. Subsection (24) of section 717.101, Florida
   40  Statutes, is renumbered as subsection (25), a new subsection
   41  (24) is added to that section, and subsections (4), (8), and
   42  (13) of that section are amended, to read:
   43         717.101 Definitions.—As used in this chapter, unless the
   44  context otherwise requires:
   45         (4) “Business association” means any corporation (other
   46  than a public corporation), joint stock company, investment
   47  company, business trust, partnership, limited liability company,
   48  or association of two or more individuals for business purposes
   49  of two or more individuals, whether or not for profit or not for
   50  profit, including a banking organization, financial
   51  organization, insurance company, dissolved pension plan, or
   52  utility.
   53         (8) “Domicile” means the state of incorporation for, in the
   54  case of a corporation incorporated under the laws of a state,
   55  and or the state where of the principal place of business is
   56  located for unincorporated business associations, in the case of
   57  a person not incorporated under the laws of a state.
   58         (13) “Insurance company” means an association, corporation,
   59  or fraternal or mutual benefit organization, whether or not for
   60  profit or not for profit, which is engaged in providing
   61  insurance coverage, including, by way of illustration and not
   62  limitation, accident, burial, casualty, credit life, contract
   63  performance, dental, fidelity, fire, health, hospitalization,
   64  illness, life (including endowments and annuities), malpractice,
   65  marine, mortgage, surety, and wage protection insurance.
   66         (24) “United States” means any state, district,
   67  commonwealth, territory, insular possession, and any other area
   68  subject to the legislative authority of the United States of
   69  America.
   70         Section 3. Section 717.1235, Florida Statutes, is created
   71  to read:
   72         717.1235 Candidate for public office; escheatment of
   73  unclaimed property.—If the apparent owner of unclaimed property
   74  is the campaign account of a candidate for public office, the
   75  property, after being reported to the department, shall escheat
   76  to the state. The proceeds from disposition of the property
   77  shall be paid into the State School Fund.
   78         Section 4. Subsection (4) of section 717.1243, Florida
   79  Statutes, is amended to read:
   80         717.1243 Small estate accounts.—
   81         (4) This section only applies if all of the unclaimed
   82  property held by the department on behalf of the owner has an
   83  aggregate value of $10,000 $5,000 or less and no probate
   84  proceeding is pending.
   85         Section 5. Subsection (2) of section 717.1333, Florida
   86  Statutes, is amended to read:
   87         717.1333 Evidence; estimations; audit reports, examiner’s
   88  worksheets, investigative reports, other related documents.—
   89         (2) If the records of the holder that are available for the
   90  periods subject to this chapter are insufficient to permit the
   91  preparation of a report of the unclaimed property due and owing
   92  by a holder, or if the holder fails to provide records after
   93  being requested to do so, the amount due to the department may
   94  be reasonably estimated, regardless of whether the holder is
   95  incorporated, formed, or organized in this state.
   96         Section 6. Subsection (2) of section 717.135, Florida
   97  Statutes, is amended to read:
   98         717.135 Power of attorney to recover reported property in
   99  the custody of the department.—
  100         (2) A power of attorney described in subsection (1) must:
  101         (a) Limit the fees and costs for services to 20 percent per
  102  unclaimed property account held by the department. Fees and
  103  costs for cash accounts shall be based on the value of the
  104  property at the time the power of attorney is signed by the
  105  claimant. Fees and costs for accounts containing securities or
  106  other intangible ownership interests, which securities or
  107  interests are not converted to cash, shall be based on the
  108  purchase price of the security as quoted on a national exchange
  109  or other market on which the property is regularly traded at the
  110  time the securities or other ownership interest is remitted to
  111  the claimant or the claimant’s representative. Fees and costs
  112  for tangible property or safe-deposit box accounts shall be
  113  based on the value of the tangible property or contents of the
  114  safe-deposit box at the time the ownership interest is
  115  transferred or remitted to the claimant. Total fees and costs on
  116  any single account owned by a natural person residing in this
  117  country must not exceed $1,000; or
  118         (b) Fully disclose that the property is held by the Bureau
  119  of Unclaimed Property of the Department of Financial Services
  120  pursuant to this chapter, the mailing address of the bureau, the
  121  Internet address of the bureau, the person or name of the entity
  122  that held the property prior to the property becoming unclaimed,
  123  the date of the holder’s last contact with the owner, if known,
  124  and the approximate value of the property, and identify which of
  125  the following categories of unclaimed property the claimant’s
  126  representative is seeking to recover, as reported by the holder:
  127         1. Cash accounts.
  128         2. Stale dated checks.
  129         3. Life insurance or annuity contract assets.
  130         4. Utility deposits.
  131         5. Securities or other interests in business associations.
  132         6. Wages.
  133         7. Accounts receivable.
  134         8. Contents of safe-deposit boxes.
  135  
  136  This subsection shall not apply if probate proceedings must be
  137  initiated on behalf of the claimant for an estate that has never
  138  been probated or if the unclaimed property is being claimed by a
  139  person outside of the United States.
  140         Section 7. Paragraph (a) of subsection (2) and paragraph
  141  (d) of subsection (7) of section 717.1351, Florida Statutes, are
  142  amended to read:
  143         717.1351 Acquisition of unclaimed property.—
  144         (2) All contracts to acquire ownership of or entitlement to
  145  unclaimed property from the person or persons entitled to the
  146  unclaimed property must be in 10-point type or greater and must:
  147         (a) Have a purchase price that discounts the value of the
  148  unclaimed property at the time the agreement is executed by the
  149  seller at no greater than 20 percent per account held by the
  150  department. An unclaimed property account must not be discounted
  151  in excess of $1,000. However, the $1,000 discount limitation
  152  does not apply if probate proceedings must be initiated on
  153  behalf of the seller for an estate that has never been probated
  154  or if the seller of the unclaimed property is not a natural
  155  person or is a person outside the United States; or
  156         (7) This section does not prohibit the:
  157         (d) Deletion of the words “Percent of Property to be Paid
  158  to Buyer,” if the purchase agreement provides for a flat fee to
  159  be paid as compensation to the buyer.
  160         Section 8. Section 717.1381, Florida Statutes, is repealed.
  161         Section 9. Section 717.1400, Florida Statutes, is amended
  162  to read:
  163         717.1400 Registration.—
  164         (1) In order to file claims as a claimant’s representative,
  165  acquire ownership of or entitlement to unclaimed property,
  166  receive a distribution of fees and costs from the department,
  167  and obtain unclaimed property dollar amounts and, numbers of
  168  reported shares of stock, and social security numbers held by
  169  the department, a private investigator holding a Class “C”
  170  individual license under chapter 493 must register with the
  171  department on such form as the department prescribes shall
  172  prescribe by rule, and must be verified by the applicant. To
  173  register with the department, a private investigator must
  174  provide:
  175         (a) A legible copy of the applicant’s Class “A” business
  176  license under chapter 493 or that of the applicant’s firm or
  177  employer which holds a Class “A” business license under chapter
  178  493.
  179         (b) A legible copy of the applicant’s Class “C” individual
  180  license issued under chapter 493.
  181         (c) The business address and telephone number of the
  182  applicant’s private investigative firm or employer.
  183         (d) The names of agents or employees, if any, who are
  184  designated to act on behalf of the private investigator,
  185  together with a legible copy of their photo identification
  186  issued by an agency of the United States, or a state, or a
  187  political subdivision thereof.
  188         (e) Sufficient information to enable the department to
  189  disburse funds by electronic funds transfer.
  190         (f) The tax identification number of the private
  191  investigator’s firm or employer which holds a Class “A” business
  192  license under chapter 493.
  193         (2) In order to file claims as a claimant’s representative,
  194  acquire ownership of or entitlement to unclaimed property,
  195  receive a distribution of fees and costs from the department,
  196  and obtain unclaimed property dollar amounts and, numbers of
  197  reported shares of stock, and social security numbers held by
  198  the department, a Florida-certified public accountant must
  199  register with the department on such form as the department
  200  prescribes shall prescribe by rule, and must be verified by the
  201  applicant. To register with the department, a Florida-certified
  202  public accountant must provide:
  203         (a) The applicant’s Florida Board of Accountancy number.
  204         (b) A legible copy of the applicant’s current driver
  205  license showing the full name and current address of such
  206  person. If a current driver license is not available, another
  207  form of identification showing the full name and current address
  208  of such person or persons shall be filed with the department.
  209         (c) The business address and telephone number of the
  210  applicant’s public accounting firm or employer.
  211         (d) The names of agents or employees, if any, who are
  212  designated to act on behalf of the Florida-certified public
  213  accountant, together with a legible copy of their photo
  214  identification issued by an agency of the United States, or a
  215  state, or a political subdivision thereof.
  216         (e) Sufficient information to enable the department to
  217  disburse funds by electronic funds transfer.
  218         (f) The tax identification number of the accountant’s
  219  public accounting firm employer.
  220         (3) In order to file claims as a claimant’s representative,
  221  acquire ownership of or entitlement to unclaimed property,
  222  receive a distribution of fees and costs from the department,
  223  and obtain unclaimed property dollar amounts and, numbers of
  224  reported shares of stock, and social security numbers held by
  225  the department, an attorney licensed to practice in this state
  226  must register with the department on such form as the department
  227  prescribes shall prescribe by rule, and must be verified by the
  228  applicant. To register with the department, such attorney must
  229  provide:
  230         (a) The applicant’s Florida Bar number.
  231         (b) A legible copy of the applicant’s current driver
  232  license showing the full name and current address of such
  233  person. If a current driver license is not available, another
  234  form of identification showing the full name and current address
  235  of such person or persons shall be filed with the department.
  236         (c) The business address and telephone number of the
  237  applicant’s firm or employer.
  238         (d) The names of agents or employees, if any, who are
  239  designated to act on behalf of the attorney, together with a
  240  legible copy of their photo identification issued by an agency
  241  of the United States, or a state, or a political subdivision
  242  thereof.
  243         (e) Sufficient information to enable the department to
  244  disburse funds by electronic funds transfer.
  245         (f) The tax identification number of the attorney’s firm or
  246  employer.
  247         (4) Information and documents already on file with the
  248  department before prior to the effective date of this provision
  249  need not be resubmitted in order to complete the registration.
  250         (5) If a material change in the status of a registration
  251  occurs, a registrant must, within 30 days, provide the
  252  department with the updated documentation and information in
  253  writing. Material changes include, but are not limited to: a
  254  designated agent or employee ceasing to act on behalf of the
  255  designating person, a surrender, suspension, or revocation of a
  256  license, or a license renewal.
  257         (a) If a designated agent or employee ceases to act on
  258  behalf of the person who has designated the agent or employee to
  259  act on such person’s behalf, the designating person must, within
  260  30 days, inform the Bureau of Unclaimed Property in writing of
  261  the termination of agency or employment.
  262         (b) If a registrant surrenders the registrant’s license or
  263  the license is suspended or revoked, the registrant must, within
  264  30 days, inform the bureau in writing of the surrender,
  265  suspension, or revocation.
  266         (c) If a private investigator’s Class “C” individual
  267  license under chapter 493 or a private investigator’s employer’s
  268  Class “A” business license under chapter 493 is renewed, the
  269  private investigator must provide a copy of the renewed license
  270  to the department within 30 days after the receipt of the
  271  renewed license by the private investigator or the private
  272  investigator’s employer.
  273         (6) A registrant’s firm or employer may not have a name
  274  that might lead another person to conclude that the registrant’s
  275  firm or employer is affiliated or associated with the United
  276  States, or an agency thereof, or a state or an agency or
  277  political subdivision of a state. The department shall deny an
  278  application for registration or revoke a registration if the
  279  applicant’s or registrant’s firm or employer has a name that
  280  might lead another person to conclude that the firm or employer
  281  is affiliated or associated with the United States, or an agency
  282  thereof, or a state or an agency or political subdivision of a
  283  state. Names that might lead another person to conclude that the
  284  firm or employer is affiliated or associated with the United
  285  States, or an agency thereof, or a state or an agency or
  286  political subdivision of a state, include, but are not limited
  287  to, the words United States, Florida, state, bureau, division,
  288  department, or government.
  289         (7) A registrant must submit a $500 application fee with
  290  his or her application for registration and submit a $250
  291  renewal fee on or before July 1 of each year thereafter. A
  292  registrant who fails to pay the renewal fee shall lose
  293  privileges afforded by this section until his or her fees are
  294  paid. A registrant who fails to renew his or her registration by
  295  December 31 must reapply for registration.
  296         (8)(7) The licensing and other requirements of this section
  297  must be maintained as a condition of registration with the
  298  department.
  299         Section 10. The amendments made by this act to s. 717.1333,
  300  Florida Statutes, are remedial in nature and apply retroactively
  301  to unclaimed property existing before July 1, 2016.
  302         Section 11. This act shall take effect July 1, 2016.