Florida Statute 717.1322
“Administrative and civil enforcement”
ch. 2026-174 (effective June 26, 2026). Section 80 conformed the section to the abandoned property terminology and revised the violations list: “fraudulent” and “willful” no longer qualify paragraphs (1)(c) and (1)(d), and paragraph (1)(j) now turns on registration as a claimant representative.
What it means
Section 717.1322 is the enforcement provision of Florida's abandoned property chapter. Subsection (1) lists the violations. They include failing to comply with any provision of chapter 717, a rule, an order, or a written agreement with the department; fraud, misrepresentation, deceit, or gross negligence; illegal or excessive charges; false or misleading solicitation or advertising; and receiving consideration in advance of a claim's approval.
It is also a violation to request or receive compensation for notifying a person of abandoned property or assisting with a claim, or to enter or solicit an agreement to file a claim for another's abandoned property, unless registered as a claimant representative. That paragraph does not apply to a person with a durable power of attorney to convey and receive all of the owner's real and personal property, a court-appointed guardian, an attorney contesting a claim denial, or an attorney probating the owner's estate or acting for an heir or legatee.
Under subsection (2), the department may order revocation (at least 5 years) or suspension (up to 5 years), probation, permanent restrictions, a reprimand, an administrative fine of up to $2,000 for each act, or a bar on serving as a director, officer, agent, or employee, or as an ultimate equitable owner of 10 percent or more, of a claimant representative's employer. A claimant representative is also answerable for violations by an agent or employee that the representative knew or should have known about.
- Grounds include noncompliance with any provision of chapter 717, fraud, deceit, gross negligence, and misleading solicitation or advertising. (§ 717.1322(1)(a), (b), (e))
- Requesting or receiving compensation for abandoned property claims without registration as a claimant representative is a violation, with listed exceptions. (§ 717.1322(1)(j))
- Receiving or soliciting consideration in advance of claim approval is a violation. (§ 717.1322(1)(l))
- Penalties include revocation for a minimum of 5 years, suspension for up to 5 years, probation, and a reprimand. (§ 717.1322(2)(a)-(d))
- The administrative fine may be up to $2,000 for each act. (§ 717.1322(2)(e))
- A claimant representative answers for an agent's or employee's violation if the representative knew or should have known. (§ 717.1322(3))
Text of the statute (2026)
(j) Requesting or receiving compensation for notifying a person of his or her abandoned property or assisting another person in filing a claim for abandoned property, or entering into, or making a solicitation to enter into, an agreement to file a claim for abandoned property owned by another, unless such person is a registered claimant representative under this chapter. This paragraph does not apply to a person who has been granted a durable power of attorney to convey and receive all of the real and personal property of the owner, is the court-appointed guardian of the owner, has been employed as an attorney or qualified representative to contest the department’s denial of a claim, or has been employed as an attorney to probate the estate of the owner or an heir or legatee of the owner.
(l) Receipt or solicitation of consideration to be paid in advance of the approval of a claim under this chapter.
(2) Upon a finding by the department that any person has committed any of the acts set forth in subsection (1), the department may enter an order doing any of the following: (a) Revoking for a minimum of 5 years or suspending for a maximum of 5 years a registration previously granted under this chapter during which time the registrant may not reapply for a registration under this chapter. (b) Placing a claimant representative or an applicant for a registration on probation for a period of time and subject to such conditions as the department may specify. (c) Placing permanent restrictions or conditions upon issuance or maintenance of a registration under this chapter. (d) Issuing a reprimand. (e) Imposing an administrative fine not to exceed $2,000 for each such act. (f) Prohibiting any person from being a director, officer, agent, employee, or ultimate equitable owner of a 10 percent or greater interest in an employer of a claimant representative.
(3) A claimant representative is subject to civil enforcement and the disciplinary actions specified in subsection (2) for violations of subsection (1) by an agent or employee of the claimant representative’s employer if the claimant representative knew or should have known that such agent or employee was violating any provision of this chapter.
Excerpts are the subsections the summary relies on. Read the full official text of § 717.1322.
History. s. 134, ch. 2004-390; s. 18, ch. 2005-163; s. 5, ch. 2021-144; s. 54, ch. 2024-140; s. 80, ch. 2026-174.
How it applies
Section 717.1322 matters to people who receive solicitations about abandoned property because it lists what a claimant representative may not do. Charging or taking payment in advance of approval, using an unauthorized agreement under s. 717.135, or soliciting without registration under s. 717.1400 are each grounds for department action. The department can bring administrative enforcement under chapter 120 and civil enforcement in court. The statute also lets the department sue anyone who wrongfully submits a claim as owner and improperly receives funds.
Questions people ask
Sources
- Florida Statutes s. 717.1322 (2026), Florida Senate (“Imposing an administrative fine not to exceed $2,000 for each such act.”)
- Florida Statutes s. 717.1400 (2026), Florida Senate (Registration requirements for claimant representatives.)
- Chapter 2026-174, Laws of Florida (s. 80), enrolled act (Section 80 amends s. 717.1322, including paragraphs (1)(c), (1)(d), and (1)(j); the act took effect on becoming law (section 98; approved June 26, 2026).)
Last checked: October 17, 2026
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