Choice Plus LLC; The petitioner requested the Department issue a statement “describing the circumstances (other than those related to claims subject to § 717.1243, Fla. Stat.), under which the Department will rely on a will that has not been ...

 

DEPARTMENT OF FINANCIAL SERVICES

NOTICE IS HEREBY GIVEN that the Department of Financial Services has declined to rule on the petition for declaratory statement filed by Choice Plus, LLC on May 16, 2017. The following is a summary of the agency’s declination of the petition:

The petitioner requested the Department issue a statement “describing the circumstances (other than those related to claims subject to § 717.1243, Fla. Stat.), under which the Department will rely on a will that has not been admitted to probate and/or otherwise judicially validated to approve and disburse unclaimed property reported to the Department in the name of an apparent owner who deceased prior to receipt of a claim by the Department.” The Department’s Final Order entered on August 9, 2017, declined to issue a declaratory statement because the petition requires a response of such a general and consistent nature as to meet the definition of a rule and, therefore, cannot support the rendition of a declaratory statement, does not demonstrate that it will have a direct effect on petitioner or that there is a practical need for the declaratory statement, and makes allegations that are not a “particular set of circumstances” necessary to requesting a declaratory statement.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Candace Tibbetts, Deputy Agency Clerk, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-4247, [phone], [e-mail].