Remitting & Reporting Unclaimed Properties

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WELCOME TO THE FLORIDA
DEPARTMENT OF FINANCIAL SERVICES,
BUREAU OF UNCLAIMED PROPERTY
CLERKS OF COURT WORKSHOP
Chapter 717, Florida Statutes
Disposition of Unclaimed
Property
What is Unclaimed Property?
 Unclaimed
property is intangible property to which
the owner has not, during a certain length of time
specified by law, taken some action to indicate
their ownership, interest or awareness.
 UP
Laws generally do not apply to real property
(i.e. land and things affixed to land).
Purpose/Benefits of
Unclaimed Property Law
•
•
Consumer protection: the Chief Financial
Officer (CFO) stands in the shoes of the
rightful owner to protect the owner’s right to
recover his property.
The CFO takes custody of the property,
depositing it in the State Treasury for the
use of the State School Fund as provided
by law.
Purpose/Benefits of
Unclaimed Property Law
•
•
•
The Bureau of Unclaimed Property
(Bureau) load the funds and owner
information to the searchable Unclaimed
Property Management Information System
(UPMIS) database so owners can locate
and claim their property.
No time limit for most claims
The Bureau maintains the accounts
indefinitely.
Purpose/Benefits of
Unclaimed Property Law
•
The liability is transferred to the state
•
The obligation is removed from the
company’s books and records forever
•
The holder is indemnified
•
The State School Fund has use of the
funds for the benefit of the citizens of the
state.
How the Unclaimed Property Law
Applies to Unclaimed Funds Held by
the Clerks of Court
43.19 Money Paid Into the Court;
Unclaimed Funds.





Directs the Clerks to withdraw funds from the
registry
The case has to be adjudicated or not be in
dispute – thus owner should be determined
Deposited for 5 years or more and unclaimed by
the person, firm, or company entitled to it
Judge directs on or before December 1of each
year to deposit such funds with the CFO
Under Chapter 717, reporting deadline is April 30
Current Issues with Clerk UP
Reports

Incorrect Report Format

Owner Full Name and Last Known Address
Not Reported

Incorrect Property Type Codes

Remitting Multiple Reports/Checks
Responsibilities of the Clerk of
Courts

Identify potential unclaimed property

Perform notice/due diligence

Prepare the unclaimed property NAUPA
report

File the report and remit the funds

Keep adequate supporting records
Identify Potential Unclaimed
Property



Review the Registry for properties deposited
for 5 years or more and unclaimed by the
person, firm, or company entitled to it as
defined under 43.19
Identify any other liability that meets the
unclaimed property definition under Chapter
717.113 F.S.
Determine the owner of the property
Notice/Due Diligence
The court should notify owners to give
them the opportunity to exercise their
rights prior to sending property to the
State.
NOTE: the form of notice may be
prescribed by statute or rule.
Prepare the Unclaimed Property
NAUPA Report
What is NAUPA File Format?
 Required for the Electronic Report Format
filling
 Not Required for the Manual Format filing
 Third party softwares such as “UPExchange” and
“HRS Pro” could be used to prepare the NAUPA
file. You could access these software at:
http://www.naupa.org/reporting/

File the Report and Remit the
Funds

Register to file your unclaimed property online
Go to our website at www.fltreasurehunt.org.
Click on the Report & Remit Unclaimed Property
link and then the Online Filing tab to register.

You must have your UPID and your Tax ID
(FEID) associated with the UPID in our
system
File the Report and Remit the
Funds

There are three ways to file your report online:
• Upload the NAUPA file that was created
using a third party software
•
Manually input reports with less than 25
properties
•
Input zero report if you do not have
unclaimed property to report for the year
File the Report and Remit the
Funds

There are three ways to remit the funds:
• Use the secure Bank of America portal to
remit funds
•
Send funds by wire transfer
•
Send a check
Online Reporting Step by Step
Tutorial
Online filing tutorial document can be found at
https://www.fltreasurehunt.org/files/OnlineFiling
Tutorial.pdf
QUESTIONS?
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