8799857, 69I-20.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8799857

Notice of Proposed Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of Accounting and Auditing

Chapter:

UNCLAIMED PROPERTY

Overview

RULE:

69I-20.001	Registration (Transferred)
69I-20.0022	Proof of Ownership and Entitlement to Unclaimed Property (Transferred)
69I-20.0026	Claimant Affidavit (Transferred)
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 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.

RULEMAKING AUTHORITY:

717.117(1), 717.138 FS.

LAW:

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.

PRINT PUBLISH DATE:

6/25/2010 Vol. 36/25

COMMENTS:

From 6/25/2010 To 7/16/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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