Voluntary Disclosure Agreements

DEPARTMENT OF FINANCIAL SERVICES
Division of Accounting and Auditing

RULE NO: RULE TITLE
69I-20.050: Voluntary Disclosure Agreements

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 27, July 3, 2008 issue of the Florida Administrative Weekly.

CORRECTION TO NOTICE OF CHANGE PUBLISHED ON FEBRUARY 13, 2009

69I-20.050 Voluntary Disclosure Agreements, Examinations and Audits.

(1) The Department's mission goal is to collect and return unclaimed property to its rightful owners in accordance with the Florida Disposition of Unclaimed Property Act, Chapter 717, F.S. To achieve these results, the Department is encouraging businesses (“Holders”) inside and outside the State of Florida who are in possession of unclaimed property to comply with Florida's Unclaimed Property Law. This compliance can be achieved using a program called voluntary disclosure. This program provides the following benefits to a Holder holder:

(a) It relieves the Holder of associated expense and liability holding unclaimed property; and

(b) Penalties and fines are not assessed by the Department;

(c) The reach back period for the review of the Holder’s records is five years instead of ten years; and

(d) The audit period for verification of the disclosure is two years from the date that the report and remittance is accepted by the Department.

(2) To participate in this program, the Holder must not:

(a) Be currently under examination or audit; or

(b) Have filed an annual report of unclaimed property with the Department;

(c) Have agreed to a Department-assisted or Contractor-assisted self-audit;

(d) Have been requested to conduct a Department-assisted or contractor-assisted self-audit; or

(e) Have been notified by the Department or by one of the Department’s contract auditors of the intention or desire to conduct an examination or audit of the Holder.

(3) through(5) No change.

(6) If companies in the same or similar line of business regularly report unclaimed property such as payroll or vendor checks, unclaimed accounts payable, and unclaimed escrow accounts, and the Holder does not, or if companies of the same approximate size regularly report unclaimed property such as payroll or vendor checks, unclaimed accounts payable, and unclaimed escrow accounts of a certain dollar amount, and the Holder has reported a lower dollar amount, an unclaimed property audit or self-audit should be conducted.

(a) The Department’s contract auditors shall follow the procedures in Form DFS-UP-200, General Audit Process for the Identification, Authorization, General Ledger and/or Securities Audits, Contractor-Assisted Self-Audits, Collection and Delivery of Unclaimed Property for the State of Florida, effective________.

(b) The Department’s contract auditors shall provide Holders with Form DFS-UP-210, Procedures Applicable to the State Authorized Unclaimed Property General Ledger and Securities Audits and Contractor-Assisted Self-Audits, Conducted by Contractors, effective________.

(c) The Department’s auditors and supervisors shall follow the procedures in Form DFS-UP-220, State of Florida Bureau of Unclaimed Property Audit Manual, effective______.

(d) The Department’s auditors and supervisors shall follow the procedures in Form DFS-UP-230, State of Florida Bureau of Unclaimed Property Self-Audit Manual, effective_______.

(e) 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. Once the report and remittance have been reviewed and accepted by the Department, the Department will notify the Holder of the commencement of the two-year audit period.

Specific Authority 717.117(1), 717.138 FS. Law Implemented 717.117, 717.119, 717.129, 717.1301, 717.133(5) FS. History–New 1-3-05, Amended________.