Florida § 717.1241 - Conflicting claims.

§ 717.1241. Conflicting claims.

(1) For purposes of this section, the term “conflicting claim” means two or more claims received by the department for the same abandoned property account or accounts in which two or more claimants appear to be equally entitled to the property. The term also includes circumstances in which the same claimant has more than one claim pending for the same property, including when the claimant is represented by more than one claimant representative or submits both a personal claim and a claim through a representative. (2) When conflicting claims have been received by the department for the same abandoned property account or accounts, the property shall be remitted in accordance with the claim filed by the person as follows, notwithstanding the withdrawal of a claim: (a) To the person submitting the first claim received by the department that is complete or made complete. (b) If a claimant’s claim and a claimant representative’s claim for the recovery of property are received by the department on the same day and both claims are complete, to the claimant. (c) If a buyer’s claim or a purchasing claimant representative’s claim and a claimant’s claim or a claimant representative’s claim for the recovery of property are received by the department on the same day and the claims are complete, to the buyer. (d) As between two or more claimant representatives’ claims received by the department that are complete or made complete on the same day, to the claimant representative who has agreed to receive the lowest fee. If the two or more claimant representatives whose claims received by the department were complete or made complete on the same day are charging the same fee, the fee shall be divided equally between the claimant representatives. (e) If more than one buyer’s claim received by the department is complete or made complete on the same day, the department shall remit the abandoned property to the buyer who paid the highest amount to the seller. If the buyers paid the same amount to the seller, the department shall remit the abandoned property to the buyers divided in equal amounts. (3) The purpose of this section is solely to provide guidance to the department regarding to whom it should remit the abandoned property and is not intended to extinguish or affect any private cause of action that any person may have against another person for breach of contract or other statutory or common-law remedy. A buyer’s sole remedy, if any, shall be against the claimant representative or the seller, or both. A claimant representative’s sole remedy, if any, shall be against the buyer or the seller, or both. A claimant’s or seller’s sole remedy, if any, shall be against the buyer or the claimant representative, or both. Nothing in this section forecloses the right of a person to challenge the department’s determination of completeness in a proceeding under ss. 120.569 and 120.57. (4) A claim is complete when entitlement to the abandoned property has been established.