THE HONORABLE JEFFREY H. ATWATER CHIEF FINANCIAL OFFICER AND STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, PETITIONERS,
v.
CITIBANK, F.S.B., INC., LEONCIO ESTEVEZ AND CAROLINA ESTEVEZ, HIS WIFE, AND NATIONAL EQUITY RECOVERY SERVICES, INC., RESPONDENTS

Fla. 3d DCA | 2012-08-15
No. 3D12-1379
Before SUAREZ and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.
96 So. 3d 1010 Florida District Court of Appeal, Third District (2012) Positive Treatment
Cited by 6 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Chief Financial Officer of Florida sought a writ of prohibition to prevent a circuit court from compelling disbursement of unclaimed property funds held by the Department of Financial Services and from enforcing contempt sanctions. The court granted the petition, holding that the circuit court lacked jurisdiction to compel disbursement without the Department first determining the claimant's entitlement through administrative remedies.


Holding

The circuit court lacked jurisdiction to compel disbursement of unclaimed funds without the Department first determining the claimant's entitlement through administrative remedies. The contempt sanctions ordered by the trial court were unauthorized under Florida law, as the Department of Financial Services has sole authority to make financial determinations regarding unclaimed funds, and claimants must exhaust administrative remedies before pursuing judicial relief.


Headnotes

[1] A circuit court lacks jurisdiction to compel the Department of Financial Services to disburse unclaimed funds without the Department first determining the claimant's enti…

[2] The Department of Financial Services is vested with the sole authority to make financial determinations regarding unclaimed funds.

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“The trial court is without jurisdiction to compel the Department to disburse funds without the Department first having determined the entitlement of the claimant to the funds held by the Department.”

Establishes the core holding that administrative determination of entitlement must precede judicial compulsion to disburse unclaimed property.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The Chief Financial Officer and Department of Financial Services held unclaimed property funds in the State Treasury. A circuit court issued an order …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
SUAREZ, J.

SUAREZ, J.

Jeffrey H. Atwater, Chief Financial Officer of the State of Florida (“Chief Financial Officer”) petitions this Court for a writ of prohibition directed to the circuit court to prevent it from enforcing an order to show cause issued for the Chief Financial Officer to appear before the circuit court, and to prevent disbursement of funds being held in the Treasury of the State of Florida as unclaimed property by the Department of Financial Services (“the Department”). Further, the Chief Financial Officer petitions to prohibit the lower court from enforcing its order directing the Chief Financial Officer to remit the unclaimed funds being held by the Department for deposit into the State Treasury for the use of the State School Fund. We grant the petition for writ of prohibition.

First, by agreement of the parties, the order to show cause why the Chief Financial Officer should not be held in contempt for failure to appear is hereby vacated. The sanctions ordered by the trial court were unauthorized pursuant to section 43.19, Florida Statutes (2011). The trial court is without jurisdiction to compel the Department to disburse funds without the Department first having determined the entitlement of the claimant to the funds held by the Department. See O’Connor v. Zane, 79 So.3d 105 (Fla. 1st DCA 2012) (holding that petitioner failed *1012to exhaust administrative remedies by first filing claim for unclaimed property with Department of Financial Services to obtain a determination of entitlement to the unclaimed funds prior to pursuing judicial remedies).

The Department of Financial Services is vested with the sole authority to make financial determinations as to unclaimed funds. See Art. IV, § 4(c), Fla. Const, (conferring upon the State’s chief fiscal officer exclusive authority to examine and approve all claims against the state for unclaimed funds); § 43.19, Fla. Stat. (2011) (“In every case in which the right to withdraw money deposited as hereinbefore provided has been adjudicated or is not in dispute and the money has remained so deposited for 5 years or more unclaimed by the person, firm, or corporation entitled thereto, on or before December 1 of each year the judge, or one of the judges, of the court shall direct that the money be deposited with the Chief Financial Officer to the credit of the State School Fund ....) (emphasis added); § 215.965, Fla. Stat. (2011) (“[A]ll moneys in the State Treasury shall be disbursed by state warrant, drawn by the Chief Financial Officer upon the State Treasury and payable to the ultimate beneficiary.”); § 716.07(1), Fla. Stat. (2011) (“Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer ... shall, ... file a verified claim with the Chief Financial Officer, setting forth the facts upon which the party claims to be entitled to recover the money or property.); § 716.07(2), Fla. Stat. (2011) (“The Chief Financial Officer shall approve or disapprove the claim.”); § 717.1244, Fla. Stat. (2011) (stating that the Department determines the merits of all claims pursuant to applicable statutory, regulatory, common, and ease law in accordance with the Florida Disposition of Unclaimed Property Act); see also § 717.126, Fla. Stat. (2011) (providing that the burden shall be upon the claimant to establish with the Department of Financial Services entitlement to the unclaimed property by a preponderance of evidence, and “[ujnless otherwise agreed by the parties, venue shall be in Tallahassee, Leon County, Florida”).

Order to show cause vacated; petition for writ of prohibition granted.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Atwater v. City OF Cape Coral, 120 So. 3d 595 (Fla. 2d DCA 2013)
    …rtment. Authority to Regulate Unclaimed Funds Article 4, section 4(c) of the Florida Constitution vests the CFO with exclusive authority to examine and approve all claims for unclaimed funds under chapter 717. See also Atwater v. Citibank, F.S.B., 96 So. 3d 1010, 1012 (Fla. 3d DCA 2012) (“The Department of Financial Services is vested with the sole authority to make financial determinations as to unclaimed funds.”). Additionally, “[i]t is and has been the intent of the [legislature that, pursuant to [sectio…
  • …a transfer. The case law clearly establishes a general rule that the circuit courts should not exercise jurisdiction over the CFO, at least until the CFO has determined the claimant’s entitlement to the funds. See Atwater v. Citibank, F.S.B., Inc., 96 So. 3d 1010, 1011 (Fla. 3d DCA 2012); City of Cape Coral, 120 So. 3d at 600 (“Because the CFO has the exclusive power to distribute the surplus funds, the courts acted in excess of their authority and jurisdiction when they directed the release of the funds, is…
  • Bondi v. Brito, 159 So. 3d 369 (Fla. 2d DCA 2015)
    …mending section 717.124 to specify that its procedures apply to funds deposited pursuant to section 43.19, the legislature has clarified that the authority to order payment of unclaimed funds rests with the CFO. See also Atwater v. Citibank, F.S.B., 96 So. 3d 1010, 1012 (Fla. 3d DCA 2012) (“The Department of Financial Services is vested with the sole authority to make financial determination as to unclaimed funds.”). Finally, because section 717.124 is procedural in nature its amendment may be retrospectivel…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw