DEPARTMENT OF FINANCIAL SERVICES
Division of Unclaimed Property
RULE NO.:RULE TITLE:
69G-20.0021PROCEDURES FOR FILING CLAIM
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. 48 No. 63, March 31, 2022 issue of the Florida Administrative Register.
69G-20.0021 Procedures for Filing Claim.
(1) through (2)
(3) Claims filed by persons other than apparent oOwners. (for example, a guardian, personal representative, heir, beneficiary, or purchasing Claimant’s Representative), shall be submitted on Form DFS-UP-107, Claim Filed by Other than the Apparent Owner, effective 1-3-05, which is hereby incorporated by reference and available at www.fltreasurehunt.gov.
(a) No change.
(b) Form DFS-UP-107 claim forms filed by a purchasing Claimant’s Representative shall be accompanied by proof of payment to the seller, proof of the seller’s identity, ownership and entitlement to the purchased account, all supporting documentation as required by this Rule and Rule 69G-20.0022, F.A.C., and the Form DFS-UP-310, Unclaimed Property Purchase Agreement.
2. through 3. No change.
(4) Claims filed by a Claimant’s Representative. shall be submitted on Form DFS-UP-108, Claim Filed by Claimant’s Representative on Behalf of the Claimant, effective 1-3-05, which is hereby incorporated by reference and available at www.fltreasurehunt.gov.
(a) No change.
(b) The Form DFS-UP-309, entitled Unclaimed Property Recovery Agreement, effective MM/YY, is hereby incorporated by reference and available at www.fltreasurehunt.gov and http://www.flrules.org/Gateway/reference.asp?No=Ref-_________. The Claimant’s Representative may add an internal case, file, or tracking number in the designated field located on the lower left-hand corner of the Unclaimed Property Recovery Agreement.
(c) No change.
(5) thorugh (8) No change.
(9) No contractual language, terms, or conditions, may be added to, may supplement, or may amend the forms adopted in this rule.
Rulemaking Authority 717.124, 717.135, 717.138 FS. Law Implemented 92.525, 668.50, 717.1201, 717.124, 717.12403, 717.12404, 717.12405, 717.1242, 717.1243, 717.125, 717.126, 717.1261, 717.1262, 717.135, 717.1351, 717.138 FS. History–New 3-20-91, Amended 3-13-96, 3-18-96, 1-18-99, 1-5-00, 4-16-02, Formerly 3D-20.0021, Amended 1-3-05, 6-17-15, 4-20-16, Formerly 69I-20.0021, Amended ________.
Form DFS-UP-309, is amended as follows:
Remove the following language that explained asterisks on lines that required the claimant’s representative to provide the dollar amount to be deducted and paid to claimant’s representative for total fees and costs and the net amount to be paid to the claimant: **Net amount may state “PENDING” if share or entitlement determination must be made for accounts in the name of a decedent, if claimant’s legal share is not yet known, or if claimant’s share must be determined for an “and” or joint account. *Dollar amount to Claimant’s Representative may state “PENDING” if claimant’s share has not yet been determined or known as described in the preceding sentence. The “Percent” authorized above applies.
Add “FL” before “Unclaimed Property Account to be Claimed.
Remove the following language from the third paragraph under the Authorization of Claimant: In the event a dispute arises between the claimant and claimant’s representative, venue and jurisdiction shall be in Leon County, Florida. The prevailing party shall be entitled to reasonable attorney fees and court costs.
Add a text box in the middle of the form including language that reads: Claimant’s Representative may use the remainder of this box to include additional terms, provided they do not contradict any terms listed above, and are not contrary to Section 717.135, F.S. or any other Florida law, including s.717.135(7), that it “may not contain language that makes the agreement irrevocable or that creates an assignment of any portion of unclaimed property held by the department.” Terms that contradict the above language or Florida law are unenforceable and are null and void. If no additional terms are added, the space below should read “N/A.”
Move the text box reading “Case Number” from the bottom left of the form to the top right of the form.
Form DFS-UP-310, is amended as follows:
Remove the following language from the third paragraph under the Authorization of Claimant: In the event a dispute arises between the claimant and claimant’s representative, venue and jurisdiction shall be in Leon County, Florida. The prevailing party shall be entitled to reasonable attorney fees and court costs.
Add “FL” before “Unclaimed Property Account to be Claimed.
Add a text box in the middle of the form including language that reads: Purchasing Claimant’s Representative may use the remainder of this box to include additional terms, provided they do not contradict any terms listed above, and are not contrary to Section 717.135, F.S. or any other Florida law. Terms that contradict the above language or Florida law are unenforceable and are null and void. If no additional terms are added, the space below should read “N/A.”
Move the text box reading “Case Number” from the bottom left of the form to the top right of the form.
