What happens after the 90-day waiting period for an unclaimed property claim? - Florida
The Short Answer
In Florida, a “90-day waiting period” usually applies to lost or abandoned tangible property held by law enforcement or a public agency—not to Florida’s unclaimed property claims process. After that 90-day custodial period, title can vest in the finder (or the government entity) if the required notices were properly given and no rightful owner or lienholder claims it.
What Florida Law Says
Florida has different legal frameworks depending on what kind of property you’re dealing with. If you are talking about a wallet, phone, jewelry, or other physical item turned in to police or a government agency, Florida’s “lost or abandoned property” law controls and includes a 90-day custodial period. If you are talking about money held by the State (like dormant bank accounts, uncashed checks, or securities), Florida’s unclaimed property law (Chapter 717) applies and does not revolve around a 90-day waiting period in the same way.
The Statute
The primary law governing the 90-day custodial period is Fla. Stat. § 705.104.
This statute establishes that, once the 90-day custodial time period expires (and the statutory notice requirements have been met), title to the lost or abandoned property vests in the finder (or, for property found by public employees during official duties, in the state/county/municipality), unless the rightful owner or a lienholder claims it in time.
If your question is actually about state-held unclaimed funds (not a physical item), Florida’s general unclaimed property rules are in Chapter 717, including when property is presumed unclaimed. See, for example, Fla. Stat. § 717.102.
Why You Should Speak with an Attorney
Even when a “waiting period” sounds straightforward, the outcome often turns on details that can make or break a claim. Legal outcomes often depend on:
- Strict Deadlines: The 90-day period in Chapter 705 can be outcome-determinative for tangible property, and other property types have different time rules (for example, Chapter 717 dormancy periods vary by property type).
- Burden of Proof: You may need to prove you are the rightful owner (or legally authorized representative), which can be complicated if names/addresses don’t match, the owner is deceased, or records are incomplete.
- Exceptions: The rules differ depending on whether the property is tangible vs. intangible, held by a private “holder” vs. a public agency, or tied to an estate/probate issue.
If the property relates to a deceased person, probate issues can overlap with unclaimed property—especially when someone must prove authority to act for the estate. Related reading: What Is a Surplus Funds Case in Florida?.
Get Connected with a Florida Attorney
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.