The purpose of the rule is to establish procedures and a form for filing a claim with the Chief Financial Officer for funds deposited with the Chief Financial Officer pursuant to Section 43.19, 732.107, 733.816 or 744.534, F.S. The purpose of the ...

DEPARTMENT OF FINANCIAL SERVICES
Division of Accounting and Auditing

RULE NO: RULE TITLE
69I-44.021: Claim for Funds Paid to the Chief Financial Officer pursuant to Sections 43.19, 732.107, 733.816 or 744.534, Florida Statutes.
PURPOSE AND EFFECT: The purpose of the rule is to establish procedures and a form for filing a claim with the Chief Financial Officer for funds deposited with the Chief Financial Officer pursuant to Section 43.19, 732.107, 733.816 or 744.534, F.S. The purpose of the rule is also to specify to whom an approved claim for funds is to be paid.
SUMMARY: The Chief Financial Officer receives unclaimed funds pursuant to Sections 43.19, 732.107, 733.816 and 744.534, F.S. Petitions for funds held pursuant to Sections 43.19, 732.107, 733.816 and 744.534, F.S., are to be filed initially with the court that directed the deposit of the funds with the Chief Financial Officer. The petition must be served on either the state attorney of the circuit where the court is situated or the Department of Legal Affairs. If the court that directed the deposit of the funds with the Chief Financial Officer grants the petition, the claimant or claimant’s representative may file a claim for the funds on a form to be established by the proposed rule. If the claim is approved, payment for funds reported pursuant to Sections 43.19 and 744.534, F.S., will be made to the ultimate beneficiary, as provided by Section 215.965, Florida Statutes. Payment for funds reported pursuant to Sections 732.107 and 733.816, F.S., will be made to the ultimate beneficiary unless the claimant assigns the right to receive payment and submits the original assignment simultaneously with the claim form.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: Art. IV, s. 4(c), Fla. Const., 17.14, 17.29, 17.65 FS.
LAW IMPLEMENTED: Art. IV, s. 4(c), Fla. Const., 17.05(1), 17.29, 43.19, 92.525, 215.965, 732.107, 733.816, 744.534 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, October 7, 2009, 9:00 a.m.
PLACE: Suite B 103, 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 C. Stadler, Jr., [phone]. 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 IS: Paul C. Stadler, Jr., Assistant General Counsel, Department of Financial Services, 200 E. Gaines St., Tallahassee, Florida 32399-4247, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

69I-44.021 Claim for Funds Paid to the Chief Financial Officer Pursuant to Section 43.19, 732.107, 733.816 or 744.534, F.S.

(1) Petitions for funds held pursuant to Section 43.19, 732.107, 733.816 or 744.534, F.S., are to be filed initially with the court that directed the deposit of the funds with the Chief Financial Officer.

(a) Petitions proving the claimant’s right to funds held pursuant to Section 43.19, F.S., must include written notice to the state attorney of the circuit where the court is situated.

(b) Petitions proving the claimant’s right to funds held pursuant to Section 732.107 or 733.816, F.S., must be filed within 10 years of the deposit of the funds with the Chief Financial Officer and informal notice must be given to the Department of Legal Affairs.

(c) Petitions proving the claimant’s right to funds held pursuant to Section 744.534, F.S., must be filed within 5 years of the deposit of the funds with the Chief Financial Officer and informal notice must be given to the Department of Legal Affairs.

(2) If the court that directed the deposit of the funds with the Chief Financial Officer grants the petition, each claimant or claimant’s representative must file a Claim for Funds Deposited Pursuant to Sections 43.19, 732.107, 733.816 or 744.534, F.S., Form (DFS-A4-1988), effective_______, incorporated herein by reference and available from the Florida Department of Financial Services, Bureau of Unclaimed Property, 200 East Gaines Street, Tallahassee, Florida 32399-0358.

(a) The claim form must be accompanied by a certified copy of the final order or judgment awarding the funds to each claimant, supporting documentation establishing each claimant’s right to the funds, and a government-issued photographic identification issued to each claimant.

(b) Payment for funds reported pursuant to Sections 43.19 and 744.534, F.S., will be made to the ultimate beneficiary, as provided by Section 215.965, F.S. Payment for funds reported pursuant to Sections 732.107 and 733.816, F.S., will be made to the ultimate beneficiary unless each claimant assigns the right to receive payment, pursuant to Section 732.107 or 733.816, F.S., and submits the original assignment simultaneously with the claim form.

Rulemaking Authority Art. IV, s. 4(c), Fla. Const., 17.14, 17.29, 17.65 FS. Law Implemented Art. IV, s. 4(c), Fla. Const., 17.05(1), 17.29, 43.19, 92.525, 215.965, 732.107, 733.816, 744.534 FS. History–New __________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Walter Graham, Chief, Bureau of Unclaimed Property
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink, Chief Financial Officer
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 1, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 8, 2009