9417553, 69I-20.0012 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9417553

Notice of Development of Rulemaking

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of Accounting and Auditing

Chapter:

UNCLAIMED PROPERTY

Overview

RULE:

69I-20.0012	Calculation of the Section 717.1381, F.S., 45-day period.
69I-20.00211	Mandatory database information fields for claims filed in accordance with Rule 69I-20.0021, F.A.C.
69I-20.00212	The identification of additional unclaimed property accounts that are not identified on the limited power of attorney or the purchase agreement.
69I-20.00261	Claims Processing
69I-20.00291	Copy of a valid driver's license or other government issued photographic identification.
69I-20.00295	Claim documents and evidence.

PURPOSE:

Section 717.1381, F.S., states that any oral or written agreement or power of attorney which was made on or before 45 days after the holder or examination report was processed and added to the unclaimed property database is void. Accordingly, Proposed Rule 69I-20.0012, F.A.C., states that the day after the date the unclaimed property report was added to the unclaimed property database shall be the first day counted in order to determine when the Section 717.1381, F.S., 45-day period expires.
The first step in the creation of a claim for unclaimed property is to enter information into information fields in the Unclaimed Property Management Information System (“UPMIS”). This information is captured into UPMIS and forms a basis for printing an unclaimed property claim form. Proposed Rule 69I-20.00211, F.A.C., establishes mandatory database information fields in order to generate claim forms for the filing of unclaimed property claims.
Section 717.135(4)(e), Florida Statutes, states in part, “All unclaimed property accounts claimed must be identified on the power of attorney by account number.” See also Fla. Stat. Section 717.1351(5). Therefore, proposed Rule 69I-20.00212, F.A.C., provides that, if a claimant’s representative is aware of additional accounts that the claimant or seller may be entitled to, the claimant’s representative may not identify the additional account numbers on the claim form that are not also identified on the power of attorney or purchase agreement. However, the claimant’s representative may alert the Department to the additional accounts by identifying the accounts on a separate writing that is filed with the claim.
Proposed Rule 69I-20.00261, F.A.C., codifies procedures in rule form for the payment of unclaimed property claims for unclaimed property accounts where entitlement has been established in cases where the entire unclaimed property claim may not be approvable.
Proposed Rule 69I-20.00291, F.A.C., provides that the copy of the driver’s license or other government issued photographic identification that is filed with the Department must be legible. In addition, the proposed rule requires that the photographic identification must have an expiration date that is subsequent to the date that the identification is filed with the Department.
Proposed Rule 69I-20.00295, F.A.C., provides that claims for unclaimed property must include all of the documents needed to establish entitlement to the unclaimed property being claimed. Providing all of the documents needed to establish entitlement with the claim form will help facilitate a speedier claims determination process. However, a limited exception is being made in instances where a claimant’s representative or claimant has filed the original death certificate with another claim.

SUBJECT:

Access to the unclaimed property database provided to claimant’s representatives, how to determine when the Section 717.1381, F.S., 45-day period expires, generation of unclaimed property claim forms, additional accounts that the claimant or seller may be entitled to that were not also identified on the power of attorney or purchase agreement, the payment of unclaimed property claims, driver’s licenses and other government issued photographic identifications that are filed with the Department, and unclaimed property claims.

RULEMAKING AUTHORITY:

717.138 FS.

LAW:

17.124, 717.12404, 717.1241, 717.126, 717.1261, 717.1262, 717.135, 717.1351, 717.1381, 717.139, 717.1400 FS.

PRINT PUBLISH DATE:

11/24/2010 Vol. 36/47

RELATED STATUTES
AND LAWS:

717.138 FS., 17.124, 717.12404, 717.1241, 717.126, 717.1261, 717.1262, 717.135, 717.1351, 717.1381, 717.139, 717.1400 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://www.flrules.org/gateway/ruleno.asp?id=69I-20.0012&PDate=11/24/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

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