Choice Plus LLC v. Florida Department of Financial Services, Bureau of Unclaimed Property

The petition for writ of mandamus is DISMISSED as moot. We write, however, to address one of the Department of Financial Services’ arguments made in response to the petition seeking to compel it to determine petitioner’s claim to property filed under section 717.124, Florida Statutes (2013). The Department asserts that mandamus does not lie because petitioner *1164has sought to compel an act that is not ministerial, as the timeframes included within section 717.124(1) are directory rather than mandatory. We disagree. While the Department certainly has the discretion to deny a claim if warranted,…