7581634, 69I-44.021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7581634

Notice of Proposed Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of Accounting and Auditing

Chapter:

MISCELLANEOUS DISBURSEMENTS

Overview

RULE:

69I-44.021

Claim for Funds Paid to the Chief Financial Officer pursuant to Section 43.19, 732.107, 733.816 or 744.534, Florida Statutes.

PURPOSE:

The purpose of the rule is to establish procedures and a form for filing a claim with the Chief Financial Officer for funds deposited with the Chief Financial Officer pursuant to Section 43.19, 732.107, 733.816 or 744.534, F.S. The purpose of the rule is also to specify to whom an approved claim for funds is to be paid.

SUMMARY:

The Chief Financial Officer receives unclaimed funds pursuant to Sections 43.19, 732.107, 733.816 and 744.534, F.S. Petitions for funds held pursuant to Sections 43.19, 732.107, 733.816 and 744.534, F.S., are to be filed initially with the court that directed the deposit of the funds with the Chief Financial Officer. The petition must be served on either the state attorney of the circuit where the court is situated or the Department of Legal Affairs. If the court that directed the deposit of the funds with the Chief Financial Officer grants the petition, the claimant or claimant’s representative may file a claim for the funds on a form to be established by the proposed rule. If the claim is approved, payment for funds reported pursuant to Sections 43.19 and 744.534, F.S., will be made to the ultimate beneficiary, as provided by Section 215.965, Florida Statutes. Payment for funds reported pursuant to Sections 732.107 and 733.816, F.S., will be made to the ultimate beneficiary unless the claimant assigns the right to receive payment and submits the original assignment simultaneously with the claim form.

RULEMAKING AUTHORITY:

Art. IV, s. 4(c), Fla. Const., 17.14, 17.29, 17.65 FS.

LAW:

Art. IV, s. 4(c), Fla. Const., 17.05(1), 17.29, 43.19, 92.525, 215.965, 732.107, 733.816, 744.534 FS.

PRINT PUBLISH DATE:

9/4/2009 Vol. 35/35

COMMENTS:

From 9/4/2009 To 9/25/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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