Notice of Development of Rulemaking

DEPARTMENT OF FINANCIAL SERVICES
Division of Accounting and Auditing
RULE NO: RULE TITLE
69I-20.0011: Full Disclosure Statement.
69I-20.0021: Procedures for Filing Claim
69I-20.0022: Proof of Ownership and Entitlement to Unclaimed Property
69I-20.0023: Database Submissions
69I-20.0024: Investigation or Examination Fees
69I-20.0025: Shareholder Affidavit
69I-20.0026: Claimant Affidavit
69I-20.0027: Payment of Conflicting Claims
69I-20.0028: General Principles for Joint Ownership of Property.
69I-20.0029: Survivorship Accounts Reported by a Financial Institution.
69I-20.030: Definitions
69I-20.031: Holder Due Diligence.
69I-20.034: Report of Property Presumed Abandoned
69I-20.035: Reporting Safe Deposit Box Contents
69I-20.036: Remitting of Safe Deposit Box Contents and Reimbursement of Expenses
69I-20.038: Late Annual Report(s), Late Payment(s), and Late Delivery of Abandoned Property
69I-20.040: Written Notice
69I-20.050: Voluntary Disclosure Agreements
PURPOSE AND EFFECT: The purpose of the rule development is to do the following:
Rule 69I-20.0011: The purpose and effect of the proposed rule is to specify the mailing and Internet address of the Bureau of Unclaimed Property.
Rule 69I-20.0028: The purpose and effect of the proposed rule is to provide general principles for jointly owned property.
Rule 69I-20.0029: The purpose and effect of the proposed rule is to provide that “and” accounts, “or” accounts, and accounts otherwise reported by financial institutions in the name of two or more individuals shall be treated as survivorship accounts in the absence of evidence to the contrary.
Rule 69I-20.031: The purpose and effect of the proposed rule is to merge the definition of the term “due diligence” codified in Section 717.101(9), F.S., with the statutory provision of Section 717.117(4), F.S., which implements the definition.
Rule 69I-20.050: The purpose and effect of the proposed rule amendment is to amend the rule and provide that a holder may not enter into a voluntary disclosure agreement if the holder has agreed to a self-audit, been requested by the Department to conduct a self-audit, or has been notified of the Department’s intention to audit or examine the holder.
SUBJECT AREA TO BE ADDRESSED: Rules 69I-20.0011: Full disclosure. 69I-20.0028: Joint ownership of unclaimed property. 69I-20.0029: Survivorship accounts. 69I-20.031: Due diligence. 69I-20.050: Voluntary disclosure agreements.
SPECIFIC AUTHORITY: 717.117(1), 717.138 FS.
LAW IMPLEMENTED: 655.005, 655.79, 717.101, 717.117, 717.119, 717.124, 717.12403, 717.126, 717.129, 717.135, 717.1351, 731.201 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: Friday, March 14, 2008, 9:00 a.m.
PLACE: Suite 547, 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 Stadler, (850)413-3010. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Paul C. Stadler, Jr., Assistant General Counsel, Department of Financial Services, 200 E. Gaines St., Tallahassee, Florida 32399-4247, (850)413-3010

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.