Narrative Opinion Summary
In this case, the Chief Financial Officer of the State of Florida sought a writ of prohibition to prevent a circuit court from enforcing an order requiring his appearance and from disbursing unclaimed funds held by the Department of Financial Services. The appellate court granted the petition, noting that the lower court had vacated the initial order, rendering the contempt issue moot. The court held that the trial court's sanctions were unauthorized under section 43.19, Florida Statutes (2011), because it lacked jurisdiction to compel the Department to disburse funds without a determination of the claimant's entitlement. It was emphasized that administrative remedies must be exhausted by filing a claim with the Department before judicial intervention can be sought. The Department is vested with exclusive authority to make financial determinations regarding unclaimed funds, which, after five years, must be directed to the State School Fund unless a claim is filed and approved by the Chief Financial Officer. The burden of proving entitlement rests with the claimant, and claims must be filed in Tallahassee, Florida. Consequently, the petition for prohibition was granted, underscoring the procedural requirements for handling unclaimed funds.
Legal Issues Addressed
Disposition of Unclaimed Fundssubscribe to see similar legal issues
Application: Unclaimed funds deposited for five years shall be directed to the State School Fund, and claims must be filed with the Chief Financial Officer.
Reasoning: The statutes further stipulate that after five years of unclaimed funds being deposited, the court shall direct those funds to be credited to the State School Fund, and any claims to these funds must be filed with the Chief Financial Officer, who will then approve or disapprove the claims.
Exclusive Authority of Department of Financial Servicessubscribe to see similar legal issues
Application: The Department of Financial Services holds exclusive authority to make financial determinations regarding unclaimed funds, as established by the Florida Constitution and relevant statutes.
Reasoning: The Department holds exclusive authority to make financial determinations regarding unclaimed funds, as established by the Florida Constitution and relevant statutes.
Exhaustion of Administrative Remediessubscribe to see similar legal issues
Application: The petitioner must exhaust administrative remedies by filing a claim with the Department of Financial Services before seeking judicial intervention.
Reasoning: Citing O’Connor v. Zane, the court emphasized that the petitioner must exhaust administrative remedies by filing a claim with the Department of Financial Services before seeking judicial intervention.
Jurisdiction over Unclaimed Fundssubscribe to see similar legal issues
Application: The trial court lacked jurisdiction to compel the Department of Financial Services to disburse unclaimed funds without first determining the claimant's entitlement.
Reasoning: The court found that the sanctions imposed by the trial court were unauthorized under section 43.19, Florida Statutes (2011), as the trial court lacked jurisdiction to compel the Department to disburse funds without first determining the claimant's entitlement.