Fla. Stat. 717.112
Property held by agents and fiduciaries


(1)

All intangible property and any income or increment thereon held in a fiduciary capacity for the benefit of another person, including property held by an attorney in fact or an agent, except as provided in ss. 717.1125 and 733.816, is presumed unclaimed unless the owner has within 5 years after it has become payable or distributable increased or decreased the principal, accepted payment of principal or income, communicated in writing concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary.

(2)

Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or plan established pursuant to the Internal Revenue laws of the United States are not payable or distributable within the meaning of subsection (1) unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory.

(3)

For the purpose of this section, a person who holds property as an agent for a business association is deemed to hold the property in a fiduciary capacity for that business association alone, unless the agreement between said person and the business association provides otherwise.

(4)

For the purposes of this chapter, a person who is deemed to hold property in a fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property is concerned.

(5)

All intangible property, and any income or increment thereon, issued by a government or governmental subdivision or agency, public corporation, or public authority and held in an agency capacity for the governmental subdivision, agency, public corporation, or public authority for the benefit of the owner of record, is presumed unclaimed unless the owner has, within 1 year after such property has become payable or distributable, increased or decreased the principal, accepted payment of the principal or income, communicated concerning the property, or otherwise indicated an interest in the property as evidenced by a memorandum or other record on file with the fiduciary.

(6)

This section does not relieve a fiduciary of his or her duties under applicable general law.

Source: Section 717.112 — Property held by agents and fiduciaries, https://www.­flsenate.­gov/Laws/Statutes/2024/0717.­112 (accessed Aug. 7, 2025).

717.001
Short title
717.101
Definitions
717.102
Property presumed unclaimed
717.103
General rules for taking custody of intangible unclaimed property
717.104
Traveler’s checks and money orders
717.105
Checks, drafts, and similar instruments issued or certified by banking and financial organizations
717.106
Bank deposits and funds in financial organizations
717.107
Funds owing under life insurance policies, annuity contracts, and retained asset accounts
717.108
Deposits held by utilities
717.109
Refunds held by business associations
717.111
Property of business associations held in course of dissolution
717.112
Property held by agents and fiduciaries
717.113
Property held by courts and public agencies
717.115
Wages
717.116
Contents of safe-deposit box or other safekeeping repository
717.117
Report of unclaimed property
717.118
Notification of apparent owners of unclaimed property
717.119
Payment or delivery of unclaimed property
717.121
Crediting of dividends, interest, or increments to owner’s account
717.122
Public sale of unclaimed property
717.123
Deposit of funds
717.124
Unclaimed property claims
717.125
Claim of another state to recover property
717.126
Administrative hearing
717.127
Election to take payment or delivery
717.128
Destruction or disposition of property having insubstantial commercial value
717.129
Periods of limitation
717.132
Enforcement
717.133
Interstate agreements and cooperation
717.134
Penalties and interest
717.135
Recovery agreements and purchase agreements for claims filed by a claimant’s representative
717.136
Foreign transactions
717.138
Rulemaking authority
717.139
Uniformity of application and construction
717.1035
Property originated or issued by this state, any political subdivision of this state, or any entity incorporated, organized, created, or otherwise located in the state
717.1045
Gift certificates and similar credit items
717.1065
Virtual currency
717.1071
Lost owners of unclaimed demutualization, rehabilitation, or related reorganization proceeds
717.1101
Unclaimed equity and debt of business associations
717.1125
Property held by fiduciaries under trust instruments
717.1201
Custody by state
717.1235
Dormant campaign accounts
717.1241
Conflicting claims
717.1242
Restatement of jurisdiction of the circuit court sitting in probate and the department
717.1243
Small estate accounts
717.1244
Determinations of unclaimed property claims
717.1245
Garnishment of unclaimed property
717.1261
Death certificates
717.1262
Court documents
717.1301
Investigations
717.1311
Retention of records
717.1315
Retention of records by claimant’s representatives and buyers of unclaimed property
717.1322
Administrative and civil enforcement
717.1323
Prohibited practice
717.1331
Actions against holders
717.1333
Evidence
717.1341
Invalid claims, recovery of property, interest and penalties
717.1355
Theme park and entertainment complex tickets
717.1382
United States savings bond
717.1383
United States savings bond
717.1400
Registration
717.1401
Repeal
717.12403
Unclaimed demand, savings, or checking account in a financial institution held in the name of more than one person
717.12404
Claims on behalf of a business entity or trust
717.12405
Claims by estates
717.12406
Joint ownership of unclaimed securities or dividends

Current through Fall 2025

§ 717.112. Prop. held by agents & fiduciaries's source at flsenate​.gov