69I-20.001: Registration
69I-20.0022: Proof of Ownership and Entitlement to Unclaimed Property
69I-20.0026: Claimant Affidavit
69I-20.090: Orders or Settlements Requiring Restitution.
PURPOSE AND EFFECT: 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 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. The claimant must be the “apparent owner” as defined by Section 717.101(2), F.S. Proposed Rule 69I-20.090, F.A.C., provides model language that may be used in orders or settlements requiring restitution. The recommended paragraphs provide that uncashed restitution checks are to be reported as unclaimed property. The language may be modified to fit the facts of the particular case.
SUMMARY: Rule 69I-20.001, F.A.C., incorporates forms by reference to be used to register as claimant’s representatives. Rule 69I-20.0022, F.A.C., incorporates forms by reference to be used when a person either does not have a valid government-issued photographic identification or does not desire to provide a copy of the person’s valid government-issued photographic identification with the claim. Rule 69I-20.0026, F.A.C., incorporates the claimant affidavit by reference to be used when the claimant does not have any documentation establishing entitlement to unclaimed property of an aggregate value of $250.00 or less. Rule 69I-20.090, F.A.C., relates to orders or settlements requiring restitution.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 717.117(1), 717.138 FS.
LAW IMPLEMENTED: 92.525, 117.05, 717.101(2), 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.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, July 28, 2010, 9:30 a.m.
PLACE: Suite B103, The Fletcher Building, 101 E. Gaines St., Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Paul C. Stadler, Jr., (850)413-3010 or paul.stadler@myfloridacfo.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Paul C. Stadler, Jr., Assistant General Counsel, Department of Financial Services, 200 E. Gaines St., Tallahassee, Florida 32399-4247, (850)413-3010
THE FULL TEXT OF THE PROPOSED RULE IS:
69I-20.001 Registration.
Sections 717.117(8) and 717.1400, F.S., requires that, in order to file claims as a Claimant's Representative, acquire ownership or entitlement to unclaimed property, and receive a distribution of fees and costs from the Department, private investigators licensed to practice in the State of Florida, certified public accountants licensed to practice in the State of Florida and attorneys licensed to practice in the State of Florida must register with the Department.
(1) To register with the Bureau of Unclaimed Property a private investigator licensed to practice in the State of Florida must file a duly completed and executed, Form DFS-A4-2010 DFS-UP-140, Application for Registration as an Unclaimed Property Claimant Representative – Florida Private Investigator, effective ________ 1-3-05, and must provide the documents specified in the form.
(2) To register with the Bureau of Unclaimed Property a certified public accountant licensed to practice in the State of Florida must file a duly completed and executed, Form DFS-A4-2009 DFS-UP-142, Application for Registration as an Unclaimed Property Claimant Representative – Florida Certified Public Accountant, effective ________ 1-3-05, and must provide the documents specified in the form.
(3) To register with the Bureau of Unclaimed Property an attorney licensed to practice in the State of Florida must file a duly completed and executed, Form DFS-A4-2008 DFS-UP-141, Application for Registration as an Unclaimed Property Claimant Representative – Florida Attorney, effective ________ 1-3-05, and must provide the documents specified in the form.
(4) The forms referred to herein are hereby incorporated by reference and available from the Florida Department of Financial Services, Bureau of Unclaimed Property, 200 East Gaines Street, Tallahassee, Florida 32399-0358.
Rulemaking Specific Authority 717.138 FS. Law Implemented 92.525, 717.124, 717.135, 717.1351, 717.1400 FS. History–New 1-3-05, Amended_________.
69I-20.0022 Proof of Ownership and Entitlement to Unclaimed Property.
(1) No change.
(2)(a) Any and all persons claiming an interest in unclaimed property in the possession of the Department shall file with the Department a copy of a valid driver’s license of the claimant at the time the original claim form is filed. If the claimant has not been issued a valid driver's license at the time the original claim form is filed, the Department shall be provided with a legible copy of a photographic identification of the claimant issued by the United States or a foreign nation, a state or territory of the United States or foreign nation, or a political subdivision or agency thereof. In lieu of filing a copy of a government issued photographic identification of the claimant with the claim, the claimant or the Claimant’s Representative may file Form DFS-A4-2007 DFS-UP-144, Notarized Sworn Statement of the Claimant, which has been accurately completed in full, executed by the claimant and the notary. This form is incorporated by reference effective _______ 1-3-05 and available from the Florida Department of Financial Services, Bureau of Unclaimed Property, 200 East Gaines Street, Tallahassee, Florida 32399-0358. The notarized sworn statement must accurately affirm the claimant’s identity and state the claimant's address. This subsection shall not apply to any person who is acting as a Claimant’s Representative.
(b) In the event that a claimant has not been issued any type of valid photographic identification issued by the United States or a foreign nation, a state or territory of the United States or foreign nation, or a political subdivision or agency thereof, a claimant or Claimant’s Representative may file Form DFS-A4-1944, Affidavit Attesting to Claimant’s Identity, and a buyer may file Form DFS-A4-1945, Affidavit Attesting to Seller’s Identity, which must be accurately completed in full, executed by the affiants and the notary. Forms DFS-A4-1944 and DFS-A4-1945 are incorporated by reference effective _______ and available from the Florida Department of Financial Services, Bureau of Unclaimed Property, 200 East Gaines Street, Tallahassee, Florida 32399-0358. Forms DFS-A4-1944 and DFS-A4-1945 must accurately affirm the claimant's identity and state the address of the claimant or the seller, which ever is applicable. Affiants must have personal knowledge of the claimant or seller. “Personal knowledge” means that the affiant is familiar with the circumstances of the claimant or seller, personally knows and has personally observed the claimant or seller, and has experience in dealing with claimant or seller on a daily basis or is a family member.
(3) through (5) No change.
Rulemaking Specific Authority 717.138 FS. Law Implemented 92.525, 117.05, 717.124, 717.12403, 717.12404, 717.12405, 717.1242, 717.1243, 717.126, 717.1261, 717.1262, 717.139, 732.102, 732.103 FS. History–New 3-20-91, Amended 3-13-96, 8-18-96, 1-28-97, 1-18-99, 4-16-02, Formerly 3D-20.0022, Amended 1-3-05, _________.
Cf. 11 U.S.C. ss. 541, 542.
69I-20.0026 Claimant Affidavit.
In the event proof of ownership to unclaimed property can not be substantiated, the claimant may, for the Department’s consideration, file an affidavit swearing to the authenticity of the claim and to the lack of documentation and agreeing to the release of the claimant's name and address by the Department to subsequent claimants providing substantiated proof of entitlement to the unclaimed property. The affidavit must be accurately completed. The claimant must state on the affidavit why the claimant is entitled to the unclaimed property. The affidavit must be signed by the claimant and on the same day the affidavit is dated by the claimant who must be the “apparent owner” as defined by Section 717.101(2), F.S. No person shall place any writing or other information on the affidavit after the affidavit has been signed and dated by the claimant. The affidavit shall be submitted on Form DFS-A4-2006 DFS-UP-124, Unclaimed Property Claimant Affidavit effective revised 10-1-01, which is hereby incorporated by reference and available from the Department of Financial Services, Bureau of Unclaimed Property, 200 East Gaines Street, Tallahassee, Florida 32399-0358. This section applies only if all of the unclaimed property held by the Department on behalf of the claimant for which entitlement has not been established has an aggregate value of $250 or less.
Rulemaking Specific Authority 717.138 FS. Law Implemented 117.05, 717.101(2), 717.124(3) FS. History–New 1-28-97, Amended 4-16-02, Formerly 3D-20.0026, Amended_________.
69I-20.090 Orders or Settlements Requiring Restitution.
In accordance with Chapter 717, Florida Statutes, orders or settlements requiring restitution may include one of the following recommended paragraphs which may be modified to fit the particular facts of the case:
(1)(a) The (Defendant/Respondent/Petitioner) shall make a good faith effort to locate each entity or individual who is required to be paid in accordance with this (Settlement/Order).
(b) If the (Defendant/Respondent/Petitioner) is not able to locate any entity or individual who is required to be paid in accordance with this (Settlement/Order) or does not make payment to the entity or individual for any other reason, the (Defendant/Respondent/Petitioner) shall report and remit the amount due to the entity or individual to the unclaimed property program of the state of the last known address of the entity or individual as shown on the records of the (Defendant/Respondent/Petitioner) or to the state of domicile of the (Defendant/Respondent/Petitioner) if the records of the (Defendant/Respondent/Petitioner) do not reflect the last known address of the entity or individual. The funds shall be payable in U.S. dollars using the appropriate reporting forms and electronic reporting format within 60 days after the date that the (Defendant/Respondent/Petitioner) was required to issue payment in accordance with the terms of this (Settlement/Order), unless directed otherwise by the receiving unclaimed property program. If the (Defendant/ Respondent/Petitioner) is directed otherwise by the receiving unclaimed property program, the (Defendant/ Respondent/Petitioner) shall follow the reporting and remitting instructions of the receiving unclaimed property program. A copy of the (Settlement/Order) requiring restitution shall accompany the unclaimed property report and remittance.
(c) If the (Defendant/Respondent/Petitioner) issues a check to an entity or individual who is required to be paid in accordance with this (Settlement/Order) and the entity or individual does not negotiate or cash the check within 90 after days of the issuance of the check, the (Defendant/ Respondent/Petitioner) shall report and remit the value of the uncashed check in U.S. dollars to the unclaimed property program of the state of the last known address of the entity or individual as shown on the records of the (Defendant/ Respondent/Petitioner) or to the state of domicile of the (Defendant/Respondent/Petitioner) if the records of the (Defendant/Respondent/Petitioner) do not reflect the last known address of the entity or individual. The (Defendant/Respondent/Petitioner) shall report and remit the unclaimed property using the appropriate reporting forms and electronic reporting format within 150 days after the issuance of the check, unless directed otherwise by the receiving unclaimed property program. If the (Defendant/ Respondent/Petitioner) is directed otherwise by the receiving unclaimed property program, the (Defendant/ Respondent/Petitioner) shall follow the reporting and remitting instructions of the receiving unclaimed property program. A copy of the (Settlement/Order) requiring restitution shall accompany the unclaimed property report and remittance.
(d) Unclaimed Property due and owing to the State of Florida shall be reported and remitted to the Florida Department of Financial Services, Bureau of Unclaimed Property.
(e) “Domicile” means the state of incorporation, in the case of a corporation incorporated under the laws of a state, and the state of the principal place of business, in the case of a person not incorporated under the laws of a state.
(2)(a) The (Defendant/Respondent/Petitioner) shall make a good faith effort to locate each entity or individual who is required to be paid in accordance with this (Settlement/Order).
(b) If the (Defendant/Respondent/Petitioner) is not able to locate any entity or individual who is required to be paid in accordance with this (Settlement/Order) or does not make payment to the entity or individual for any other reason, the (Defendant/Respondent/Petitioner) shall report and remit the amount due to the entity or individual to the Florida Department of Financial Services, Bureau of Unclaimed Property, in U.S. dollars using the appropriate reporting forms and electronic reporting format within 60 days after the date that the (Defendant/Respondent/Petitioner) was required to issue payment in accordance with the terms of this (Settlement/Order). A copy of the (Settlement/Order) requiring restitution shall accompany the unclaimed property report and remittance.
(c) If the (Defendant/Respondent/Petitioner) issues a check to an entity or individual who is required to be paid in accordance with this (Settlement/Order) and the entity or individual does not negotiate or cash the check within 90 after days of the issuance of the check, the (Defendant/ Respondent/Petitioner) shall report and remit the value of the uncashed check in U.S. dollars to the Florida Department of Financial Services, Bureau of Unclaimed Property, using the appropriate reporting forms and electronic reporting format within 150 days after the issuance of the check. A copy of the (Settlement/Order) requiring restitution shall accompany the unclaimed property report and remittance.
Rulemaking Authority 717.117(1), 717.138 FS. Law Implemented 717.117, 717.119 FS. History–New ________.