Florida Statute 717.135
“Recovery agreements and purchase agreements for claims filed by a claimant representative; fees and costs or total net gain”
ch. 2026-174 (effective June 26, 2026). Section 84 renamed the department forms the “Abandoned Property Recovery Agreement” and “Abandoned Property Purchase Agreement,” conformed the section to the abandoned property terminology, and deleted former subsection (10), which excluded bankruptcy-estate sales. New s. 717.1356 sets separate conditions for purchase agreements.
What it means
When a claimant representative files a Florida abandoned property claim for an owner, s. 717.135 governs the agreement. The department adopts by rule an Abandoned Property Recovery Agreement and an Abandoned Property Purchase Agreement, and a claimant representative must use one of them as the exclusive means of contracting with a claimant or seller to file a claim.
The form must disclose the dollar amount claimed, the fee percentage, the dollar amount deducted, the net amount to the claimant, each account number, and the representative's name and license number. Total fees and costs, or the total discount under a purchase agreement, may not exceed 30 percent of the claimed amount. If a recovery agreement exceeds 30 percent, the fees are reduced to 30 percent and the balance is remitted directly to the claimant by the department. Under a purchase agreement, a net gain above 30 percent means the claim is denied.
Fees may be owed or paid only after a filed claim is approved and only if an authorized agreement was used. Any other engagement, authorization, recovery, or fee agreement relating to abandoned property held by the department is void. A recovery agreement may not be irrevocable or assign any part of the property.
- Total fees and costs, or a purchase agreement's total discount, may not exceed 30 percent of the claimed amount. (§ 717.135(2)(j))
- If recovery-agreement fees exceed 30 percent, they are reduced to 30 percent and the net balance is remitted directly to the claimant. (§ 717.135(2)(j))
- The department's two agreements are the exclusive means of contracting with a claimant or seller to file a claim. (§ 717.135(4))
- Fees and costs may be paid only after a filed claim has been approved, using an authorized agreement. (§ 717.135(5))
- Any other agreement relating to abandoned property held by the department is void. (§ 717.135(6))
- A recovery agreement may not be irrevocable or assign any portion of the property. (§ 717.135(7))
Text of the statute (2026)
(j) The total fees and costs, or the total discount in the case of a purchase agreement, which may not exceed 30 percent of the claimed amount. In the case of a recovery agreement, if the total fees and costs exceed 30 percent, the fees and costs shall be reduced to 30 percent and the net balance shall be remitted directly by the department to the claimant. In the case of a purchase agreement, if the total net gain of the claimant representative exceeds 30 percent, the claim will be denied.
(4) A claimant representative must use the Abandoned Property Recovery Agreement or the Abandoned Property Purchase Agreement as the exclusive means of entering into an agreement or a contract with a claimant or seller to file a claim with the department. (5) Fees and costs may be owed or paid to, or received by, a claimant representative only after a filed claim has been approved and if the 1claimant representative used an agreement authorized by this section.
(6) A claimant representative may not use or distribute any other agreement of any type, conveyed by any method, with respect to the claimant or seller which relates, directly or indirectly, to abandoned property accounts held by the department or the Chief Financial Officer other than the agreements authorized by this section. Any engagement, authorization, recovery, or fee agreement that is not authorized by this section is void. A claimant representative is subject to administrative and civil enforcement under s. 717.1322 if he or she uses an agreement that is not authorized by this section and if the agreement is used to apply, directly or indirectly, to abandoned property held by this state. This subsection does not prohibit lawful nonagreement, noncontractual, or advertising communications between or among the parties. (7) The Abandoned Property Recovery Agreement may not contain language that makes the agreement irrevocable or that creates an assignment of any portion of abandoned property held by the department.
Excerpts are the subsections the summary relies on. Read the full official text of § 717.135.
History. s. 36, ch. 87-105; s. 1, ch. 91-261; s. 2, ch. 94-191; s. 22, ch. 96-301; s. 30, ch. 2001-36; s. 1889, ch. 2003-261; s. 139, ch. 2004-390; s. 22, ch. 2005-163; s. 7, ch. 2016-90; s. 42, ch. 2016-165; s. 6, ch. 2021-144; s. 71, ch. 2023-144; s. 57, ch. 2024-140; s. 84, ch. 2026-174.
How it applies
A claimant representative may contact a person or an estate about abandoned property held by the Department of Financial Services. Section 717.135 sets the terms of any paid arrangement: the department's form, the disclosed dollar amounts, the 30 percent ceiling, and payment only after approval. A representative who uses an agreement not authorized by the section is subject to enforcement under s. 717.1322.
Where this shows up
Pages on this site where § 717.135 does real work:
Questions people ask
Sources
- Florida Statutes s. 717.135 (2026), Florida Senate (“which may not exceed 30 percent of the claimed amount.”)
- Florida Statutes s. 717.1322 (2026), Florida Senate (Enforcement under s. 717.1322 for using an unauthorized agreement (s. 717.135(6)).)
- Chapter 2026-174, Laws of Florida (s. 84), enrolled act (Section 84 amends s. 717.135; the enrolled act shows former subsection (10) on bankruptcy-estate sales and creates s. 717.1356 in section 85; the act took effect on becoming law (section 98; approved June 26, 2026).)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.