Report of Property Presumed Abandoned

(1) All persons subject to this act shall file a report of property presumed abandoned with the Department, pursuant to Section 717.117, F.S., upon becoming subject to the filing requirement of Chapter 717, F.S., and each year thereafter, unless:

(a) Written justification has been received from a holder by the Department stating, but not limited to, the following reasons:

1. The holder is filing a complete and accurate report with another state which has a valid reciprocal agreement with the Department;

2. The holder is located outside Florida and does not conduct business in Florida in its day-to-day operations; or

3. The holder maintains a fiduciary relationship with its clients such as real estate brokers and attorneys and does not, as a normal course of business, maintain unclaimed property.

(b) Upon receipt of a written request, the Department after a review may place the holder in an inactive status.

(2) In lieu of a report on the Departmental forms, a letter attesting or a data file stating that no unclaimed property is being held by the holder is acceptable. If a letter is used, the letter must be signed by an officer of a private corporation or unincorporated association, a partner of a partnership or by its Chief Financial Officer if it is a public corporation. The letter or data file must contain the following information: name of the entity, mailing address, name of contact person, telephone and fax number of the contact person, Internet address (if available), federal employer identification number of the entity and the amount of unclaimed property being reported as zero.

(3) In lieu of Forms DFS-UP-121, DFS-UP-128, and DFS-UP-129, holders reporting more than twenty-five owners shall file on an electronic medium in the format prescribed by the Department. A completed Form DFS-UP-111 shall accompany the electronic report.

(4) Every holder holding funds or other property, tangible or intangible, presumed abandoned and subject to Chapter 717, F.S., for twenty-five or less owners may report to the Department on original forms titled:

(a) “COVER SHEET FOR ANNUAL REPORT OF PROPERTY PRESUMED ABANDONED”, Form Number DFS-UP-111, revised 2-12-97.

(b) “ANNUAL REPORT OF PROPERTY PRESUMED ABANDONED FOR CASH ITEMS NOT REPORTABLE IN AGGREGATE”, Form Number DFS-UP-121, revised 2-12-97.

(c) “ANNUAL REPORT OF PROPERTY PRESUMED ABANDONED FOR SAFE DEPOSIT BOXES OR OTHER SAFEKEEPING REPOSITORY”, Form Number DFS-UP-129, revised 2-12-97.

(d) “ANNUAL REPORT OF PROPERTY PRESUMED ABANDONED FOR SECURITIES THAT CANNOT BE LIQUIDATED”, Form Number DFS-UP-128, revised 2-12-97.

(5) All forms referenced herein are hereby incorporated by reference and available from the Department of Financial Services, Bureau of Unclaimed Property, 200 East Gaines Street, Tallahassee, Florida 32399-0358.

(6) The report of property presumed abandoned shall be considered filed only upon receipt of both the funds and the actual report, whether it be on forms or via electronic medium.