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Terms Used In Florida Statutes 717.1333

  • Audit: means an action or proceeding to examine and verify a person's records, books, accounts, and other documents to ascertain and determine compliance with this chapter. See Florida Statutes 717.101
  • Audit agent: means a person with whom the department enters into a 1contract to conduct an audit or examination. See Florida Statutes 717.101
  • Department: means the Department of Financial Services. See Florida Statutes 717.101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Holder: means :
    (a) A person who is in possession or control or has custody of property or the rights to property belonging to another; is indebted to another on an obligation; or is obligated to hold for the account of, or to deliver or pay to, the owner, property subject to this chapter; or
    (b) A trustee in case of a trust. See Florida Statutes 717.101
  • Person: means an individual; estate; business association; corporation; firm; association; joint adventure; partnership; government or governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See Florida Statutes 717.101

(1) In any proceeding involving a holder under ss. 120.569 and 120.57 in which an audit agent or investigator acting under authority of this chapter is available for cross-examination, any official written report, worksheet, or other related paper, or copy thereof, compiled, prepared, drafted, or otherwise made or received by the audit agent or investigator, after being duly authenticated by the audit agent or investigator, may be admitted as competent evidence upon the oath of the audit agent or investigator that the report, worksheet, or related paper was prepared or received as a result of an audit, examination, or investigation of the books and records of the person audited, examined, or investigated, or the agent thereof.
(2) If the records of the holder that are available for the periods subject to this chapter are insufficient to permit the preparation of a report of the unclaimed property due and owing by a holder, or if the holder fails to provide records after being requested to do so, the amount due to the department may be reasonably estimated.