Revenue Estimating Conference for Unclaimed Property and Transfers to the State School Trust Fund. Executive Summary

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1 Revenue Estimating Conference for Unclaimed Property and Transfers to the State School Trust Fund Executive Summary The projection of receipts from unclaimed property and the subsequent distribution into the State School Trust Fund were revised July 29, 2014, by the Revenue Estimating Conference. State receipts from abandoned property for Fiscal Year were $383.1 million, which is $75.6 million less than the estimate of $458.7 million. Of the shortfall, $28.8 million may be attributed to the implementation of Chapter , L.O.F. (SB 492), which reduced the dormancy period for unclaimed property held by a fiduciary under a trust instrument. The impact of this legislation was calculated initially based on a broader classification of trust property than was included when the department implemented the shorter dormancy period. It is not yet known what caused the balance of shortfall ($46.8 million); detailed data on types of property received will be available later in the fall. For the forecast, the Conference used the FY actual receipts as a baseline and applied an annual growth rate of 5 percent. For refunds to owners, the Conference increased the proportion of property returned to owners from 60 percent to 62 percent in recognition of higher claims rates in recent years. The Conference adopted a new financial outlook statement that incorporated the actual Fiscal Year transfers to the State School Trust Fund, which were $70.9 million below the estimate and decreased the balance forward into the fiscal year. For Fiscal Year , the estimated transfer to the State School Trust Fund was decreased by $44.2 million. The shortfall from Fiscal Year combined with the reduction to the forecast results in a projected ending deficit of $107.9 million for the current fiscal year. Assuming the deficit is resolved by the end of the fiscal year, the funds available for Fiscal Year are estimated to be $174.9 million. Abbreviated Outlook Statement for FY and FY ($ Millions) FUNDS AVAILABLE Balance Forward from Estimated Transfers from Unclaimed Property TF Nonoperating Revenue 2.5 Total Funds Available EFFECTIVE APPROPRIATIONS Grants & Aids/FEFP and Class Size Reduction AVAILABLE RESERVES/(PROJECTED DEFICIT) (107.9) FUNDS AVAILABLE Balance Forward from Estimated Transfers from Unclaimed Property TF Nonoperating Revenue 2.8 Total Funds Available 174.9

2 Unclaimed Property Receipts, Refunds to Owners, and Transfers to the State School TF July 29, 2014 Receipts Refunds Transfer to State School TF OLD NEW change OLD NEW change OLD NEW change #N/A #N/A #N/A #N/A #N/A #N/A 1/5

3 Unclaimed Property Trust Fund July 29, 2014 ESTIMATE ACTUAL Above/ Below FY FY FY FY FY FY FY FY FY FY FY Estimate FY FY FY FY FY FY Funds Available Beginning Balance Abandoned property receipts Nonrecurring receipts Measures affecting revenue - SB Transfers in Other nonoperating receipts Total Funds Available DBF Uses of Funds Operating Expenses Refunds to owners - regular Payment correction 38.0 Refunds to owners - demutualization Refunds to owners - reduced dormancy Measures affecting revenue - SB Measures affecting revenue - SB Refunds to owners - FDIC Miscellaneous disbursements Retained Balance Total DBF Uses Available for transfer to State School TF (new estimate) State School TF (old estimate - July 2013) #N/A Change in estimate #N/A Ratio of refunds to regular receipts 54% 54% 45% 54% 61% 63% 56% 62% 60% 60% 62% 62% 62% 62% 62% 62% 62% Growth rate of regular receipts 17% 12% -6% 43% -5% 10% 5% 9% 9% 5% -6% 5% 5% 5% 5% 5% 5% Change in transfer amount -31.0% 130.9% -60.4% 61.9% -28.7% 37.7% 2.1% 3.9% 26.0% 3.4% -31.0% -3.0% 24.6% 5.2% 5.2% 5.1% -0.6% 2/5

4 Unclaimed Property Transfers to State School Trust Fund Estimated Transfers Compared to Actual Transfers FY FY FY FY FY FY FY FY FY FY Post-Session Estimated Transfers Final Estimated Transfers Actual Transfers /5

5 DFS Legal Division Opinion on SB 492 (2013) SUMMARY OF THE REVISIONS Effective October 1, 2013, Sections 2-4, Chapter , Laws of Florida, revised the following statutes relating to unclaimed property reporting: Section 2. Present subsections (22) and (23) of section , Florida Statutes, are redesignated as subsections (23) and (24), respectively, and a new subsection (22) is added to that section, to read: Definitions. As used in this chapter, unless the context otherwise requires: (22) Trust instrument means a trust instrument as defined in s Section 3. Subsection (1) of section , Florida Statutes, is amended to read: Property held by agents and fiduciaries. (1) Except as provided in ss and , all intangible property and any income or increment thereon held in a fiduciary capacity for the benefit of another person is presumed unclaimed unless the owner has within 5 years after it has become payable or distributable increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary. Section 4. Section , Florida Statutes, is created to read: Property held by fiduciaries under trust instruments. All intangible property and any income or increment thereon held in a fiduciary capacity for the benefit of another person under a trust instrument is presumed unclaimed unless the owner has, within 2 years after it has become payable or distributable, increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary. 4/5

6 Section , Florida Statutes, appears to provide clarification regarding the type of trust instruments that may be impacted by the legislation. Section , Florida Statutes, states with emphasis added: (1) Except as otherwise provided in this section, this code applies to express trusts, charitable or noncharitable, and trusts created pursuant to a law, judgment, or decree that requires the trust to be administered in the manner of an express trust. (2) This code does not apply to constructive or resulting trusts; conservatorships; custodial arrangements pursuant to the Florida Uniform Transfers to Minors Act; business trusts providing for certificates to be issued to beneficiaries; common trust funds; trusts created by the form of the account or by the deposit agreement at a financial institution; voting trusts; security arrangements; liquidation trusts; trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind; and any arrangement under which a person is nominee or escrowee for another. (3) This code does not apply to any land trust under s , except to the extent provided in s (7), s (2)(c)4., or s (1)(e). A trust governed at its creation by this chapter, former chapter 737, or any prior trust statute superseded or replaced by any provision of former chapter 737, is not a land trust regardless of any amendment or modification of the trust, any change in the assets held in the trust, or any continuing trust resulting from the distribution or retention in further trust of assets from the trust. 5/5