8167417, 69I-20.090 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8167417

Notice of Development of Rulemaking

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of Accounting and Auditing

Chapter:

UNCLAIMED PROPERTY

Overview

RULE:

69I-20.090

Orders or Settlements Requiring Restitution (Transferred)

PURPOSE:

The registration forms codified in Rule 69I-20.001, F.A.C., are being amended, in part, to clarify that the applicant must provide the federal tax identification number of the applicant’s employer rather than the applicant’s social security number and to clarify that only the registrant may sign the claim form, power of attorney and the purchase agreement. The existing notarized statement form codified in Rule 69I-20.0022, F.A.C., is being amended to expressly state that the claimant must produce the claimant’s photographic identification to the notary. The proposed amendment to Rule 69I-20.0022, F.A.C., also creates affidavits attesting to the claimant’s or seller’s identity to be used only when the claimant or seller does not possess any form of government-issued photographic identification. The claimant affidavit codified in Rule 69I-20.0026, F.A.C., is being amended, in part, to provide a space for the claimant to put the description of the unclaimed property and to put the name of the holder that reported the property. The amended affidavit also requires the claimant to provide an explanation regarding why the claimant believes that he or she is the reported owner of the unclaimed property account. Proposed Rule 69I-20.0037, F.A.C., creates a form for the reporting of the precious metals in accordance with Section 538.32, Florida Statutes. Proposed Rule 69I-20.090, F.A.C., provides model language that may be used in orders or settlements requiring restitution. The recommended paragraphs require that uncashed restitution checks be reported as unclaimed property. The language may be modified to fit the facts of the particular case.

SUBJECT:

The registration of claimant’s representatives, the notarized statement form, affidavits attesting to the unclaimed property owner’s identity, the claimant affidavit, orders or settlements requiring restitution, and reporting form for Section 538.32, Florida Statutes.

RULEMAKING AUTHORITY:

717.117(1), 717.138 FS.

LAW:

92.525, 117.05, 538.31, 538.32, 717.117, 717.119, 717.124, 717.12403, 717.12404, 717.12405, 717.1242, 717.1243, 717.126, 717.1261, 717.1262, 717.135, 717.1351, 717.139, 717.1400, 732.102, 732.103 FS.

PRINT PUBLISH DATE:

1/22/2010 Vol. 36/03

RELATED STATUTES
AND LAWS:

717.117(1), 717.138 FS., 92.525, 117.05, 538.31, 538.32, 717.117, 717.119, 717.124, 717.12403, 717.12404, 717.12405, 717.1242, 717.1243, 717.126, 717.1261, 717.1262, 717.135, 717.1351, 717.139, 717.1400, 732.102, 732.103 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=69I-20.090&PDate=1/22/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

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