# Fla. Stat. § 717.102: 717.102 Property presumed unclaimed; general rule

> Florida · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.102

## Section

- **Citation:** Fla. Stat. § 717.102
- **Heading:** 717.102 Property presumed unclaimed; general rule
- **Jurisdiction:** Florida
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Florida Code / Title XL / Chapter 717 / Section 717.102

## Text

(1) All intangible property, including any income or increment thereon less any lawful charges, that is held, issued, or owing in the ordinary course of the holder’s business and the owner fails to claim such property for more than 5 years after the property becomes payable or distributable is presumed unclaimed, except as otherwise provided by this chapter.

(2) Property is payable or distributable for the purpose of this chapter notwithstanding the owner’s failure to make demand or to present any instrument or document required to receive payment.

(3) A presumption that property is unclaimed is rebutted by an apparent owner’s expression of interest in the property. An owner’s expression of interest in property includes: (a) A record communicated by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held; (b) An oral communication by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held, if the holder or its agent contemporaneously makes and preserves a record of the fact of the apparent owner’s communication; (c) Presentment of a check or other instrument of payment of a dividend, interest payment, or other distribution, with respect to an account, underlying security, or interest in a business association; (d) Activity directed by an apparent owner in the account in which the property is held, including accessing the account or information concerning the account, or a direction by the apparent owner to increase, decrease, or otherwise change the amount or type of property held in the account; (e) A deposit into or withdrawal from an account at a financial organization, excluding an automatic deposit or withdrawal previously authorized by the apparent owner or an automatic reinvestment of dividends or interest, which does not constitute an expression of interest; or (f) Any other action by the apparent owner which reasonably demonstrates to the holder that the apparent owner knows that the property exists.

(4) If a holder learns or receives confirmation of an apparent owner’s death, the property shall be presumed unclaimed 2 years after the date of death, unless a fiduciary appointed to represent the estate of the apparent owner has made an expression of interest in the property before the expiration of the 2-year period. This subsection may not be construed to extend the otherwise applicable dormancy period prescribed by this chapter.

History: s. 3, ch. 87-105; s. 2, ch. 2001-36; s. 40, ch. 2024-140.

## Nearby sections

- [Fla. Stat. § 717.001 717.001 Short title.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.001.md)
- [Fla. Stat. § 717.101 717.101 Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.101.md)
- [Fla. Stat. § 717.102 717.102 Property presumed unclaimed; general rule.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.102.md)
- [Fla. Stat. § 717.103 717.103 General rules for taking custody of intangible unclaimed property.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.103.md)
- [Fla. Stat. § 717.104 717.104 Traveler’s checks and money orders.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.104.md)
- [Fla. Stat. § 717.105 717.105 Checks, drafts, and similar instruments issued or certified by banking and financial organizations.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.105.md)
- [Fla. Stat. § 717.106 717.106 Bank deposits and funds in financial organizations.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.106.md)
- [Fla. Stat. § 717.107 717.107 Funds owing under life insurance policies, annuity contracts, and retained asset accounts; fines, penalties, and interest; United States Social Security Administration Death Master File.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.107.md)
- [Fla. Stat. § 717.108 717.108 Deposits held by utilities.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.108.md)
- [Fla. Stat. § 717.109 717.109 Refunds held by business associations.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.109.md)
- [Fla. Stat. § 717.111 717.111 Property of business associations held in course of dissolution.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.111.md)
- [Fla. Stat. § 717.112 717.112 Property held by agents and fiduciaries.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.112.md)
- [Fla. Stat. § 717.113 717.113 Property held by courts and public agencies.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.113.md)
- [Fla. Stat. § 717.115 717.115 Wages.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.115.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_FL_TXL_C717_S717.102. Check the current official text before relying on it. Not legal advice.
