This rulemaking will amend and clarify the registration requirements for claimant representatives, amend claim filing procedures and forms used in making claims, amend procedures and forms for use by heirs to file claims ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Unclaimed Property

RULE NOS.:RULE TITLES:

69G-20.001REGISTRATION

69G-20.0021PROCEDURES FOR FILING CLAIM

69G-20.0022PROOF OF OWNERSHIP AND ENTITLEMENT TO UNCLAIMED PROPERTY

PURPOSE AND EFFECT: This rulemaking will amend and clarify the registration requirements for claimant representatives, amend claim filing procedures and forms used in making claims, amend procedures and forms for use by heirs to file claims for unclaimed property valued at $10,000.00 or less, and make other updates as may be determined necessary.

SUMMARY: This rulemaking will address requirements by claimants and claimant representatives and the procedures and forms used in filing claims for unclaimed property.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic review for this rulemaking.

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.

RULEMAKING AUTHORITY: 717.124, 717.135, 717.138 FS.

LAW IMPLEMENTED: 92.525, 117.05, 668.50, 717.1201, 717.124, 717.12403, 717.12404, 717.12405, 717.1242, 717.1243, 717.1242, 717.1243, 717.125, 717.126, 717.1261, 717.1262, 717.135, 717.1351, 717.138, 717.1400, 732.102, 732.103, 733.103, 733.815, 735.301 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: April 21, 2022 at 10:00 a.m.

PLACE: Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/626020717

You can also dial in using your phone. United States (Toll Free): 1(866)899-4679, United States: [phone], Access Code: 626-020-717

Join from a video-conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com, Meeting ID: 626 020 717 or dial directly: 626020717@67.217.95.2 or 67.217.95.2##626020717

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: Phillip Carlton, [e-mail], [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: Phillip Carlton, Assistant Director, Division of Unclaimed Property, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

69G-20.001 Registration.

In order to file claims as a Claimant’s Representative, acquire ownership or entitlement to unclaimed property, and receive a distributions distribution of fees and costs from the Department, resulting from approved claims, or to purchase unclaimed property accounts from account owners, Florida-licensed private investigators licensed to practice in the State of Florida, Florida-licensed certified public accountants licensed to practice in the State of Florida and Florida-licensed attorneys licensed to practice in the State of Florida must register with the Department and maintain the applicable professional Florida license. To register:

(1) To register with the Division of Unclaimed Property a A Florida-licensed private investigator licensed to practice in the State of Florida must complete and submit file a duly completed and verified, Form DFS-A4-2010, Application for Registration as an Unclaimed Property Claimant Representative – Florida Private Investigator, effective 10-13-10, www.fltreasurehunt.gov and must provide the information and documentation documents specified in the form.

(2) To register with the Division of Unclaimed Property a A Florida-licensed certified public accountant licensed to practice in the State of Florida must complete and submit file a duly completed and verified, Form DFS-A4-2009, Application for Registration as an Unclaimed Property Claimant Representative – Florida Certified Public Accountant, effective 10-13-10, www.fltreasurehunt.gov and must provide the information and documentation the documents specified in the form.

(3) To register with the Division of Unclaimed Property an A Florida-licensed attorney licensed to practice in the State of Florida must complete and submit file a duly completed and verified, Form DFS-A4-2008, Application for Registration as an Unclaimed Property Claimant Representative – Florida Attorney, effective 10-13-10, www.fltreasurehunt.gov and must complete and submit provide the documents specified in the form.

(4) No change.

Rulemaking Authority 717.138 FS. Law Implemented 92.525, 717.124, 717.135, 717.1351, 717.1400 FS. History-New 1-3-05, Amended 10-13-10, 6-17-15, Formerly 69I-20.001, Amended _________.

69G-20.0021 Procedures for Filing Claim.

(1) Claims Submission. Claims for unclaimed property in the custody of the Department shall be submitted to the Department on the claim forms form(s) generated by the Department’s Unclaimed Property Management Information System (UPMIS), prescribed and supplied by the Department, together with identification and documentation proving the claimant’s or seller’s identity, ownership, and entitlement to the unclaimed property. All forms referenced in this rule are available from and shall be submitted to www.fltreasurehunt.gov or to: The Florida Department of Financial Services, Division of Unclaimed Property, 200 East Gaines Street, Tallahassee, Florida 32399-0358., and or email at [e-mail].

(a) The Department will only process claims that are complete.

(a)(b) A complete paper format claim submitted by mail or in person, shall include the correct claim form identified in this rule, fully completed with all blanks filled in and manually signed and dated by all claimants, or the Claimants’ Representative, proof of the claimant’s or seller’s identity, ownership, and entitlement, and all supporting documentation as described and required by this Rrule, and Rrule 69G-20.0022, F.A.C.

(b) A claim submitted electronically via UPMIS A electronic format claim, as authorized by subsection 717.124(7), F.S., shall include the correct claim form identified in this rule, fully completed and shall include the UPMIS system-generated electronic signature affixed by the claimant. with all blanks filled in and include an electronic signature as authorized by chapter 668, F.S., and be dated by all claimaints, proof of entitlement, and all supporting documentation as described and required by this rule and rule 69G-20.0022, F.A.C.

(c) Claims meeting the requirements of paragraph (1)(b), above, shall be deemed complete.

(d) Incomplete claims delivered in paper format to the Department will be returned to the claimant with a notice describing the additional documentation that must be submitted to make the claim complete. Incomplete claims submitted in an electronic format to the Department will default to a manual review by the Department If the Department determines in its manual review that the claim is complete, it shall approve the claim. If the Department determinines in its manual review that the claim is incomplete, a notice describing the additional documentation that must be submitted to make the claim complete shall be sent to the claimant. The notices are Form DFS-UP-106a, Unclaimed Property Request for Further Information (Claim Filed by Apparent Owner), Form DFS-UP-106b, Unclaimed Property Request for Further Information (Claim Filed by a Business), Form DFS-UP-107a, Unclaimed Property Request for Further Information (Claim Filed by Other Than the Apparent Owner), and Form DFS-UP-108a, Unclaimed Property Request for Further Information (Claim Filed by Claimant’s Representative on Behalf of the Claimant), which are hereby incorporated by reference, effective 1-3-05, [e-mail].

(e) The claim may be refiled at any time.

(c) A claimant or a Claimant’s Representative may withdraw a filed, pending claim by making a written request to the Department.

(2) Claim Determination. The Department will only review the merits of a claim that is has been deemed complete as filed.The Department will determine whether the claimant has established ownership and entitlement to the unclaimed property.

(a) If the claim is approved, the proceeds will be delivered as set forth below in subsection (10).

(b) If the claim is denied, written notice containing rights to request a hearing as provided in sections 120.569 and 120.57, F.S., will be mailed to the claimant or the Claimant’s Representative at the address provided in the claim.

(3) Withdrawal of Claim. A claimant or a Claimant’s Representative may make a written request, including email or facsimile transmission, that a claim be withdrawn at any time, except as provided in section 717.1241, F.S.

(2)(4) Claims fFiled by an aApparent oOwner (including business entities and trusts Corporations). shall be submitted on Form DFS-UP-106, Claim Filed by Apparent Owner, effective 1-3-05, which is hereby incorporated by reference and available at www.fltreasurehunt.gov.

(a) Claims by apparent owners for unclaimed property shall be submitted on Form DFS-UP-106, entitled Claim Filed by Apparent Owner, which is hereby incorporated by reference, effective 1-3-05, www.fltreasurehunt.gov.

(a)(b) A Form DFS-UP-106 shall be signed and dated by the claimant. Forms submitted in paper format shall be manually signed and dated by the claimaint and be accompanied by proof of ownership and entitlement and all supporting documentation required in this Rule and Rule 69G-20.0022, F.A.C.

(b) A Form DFS-UP-106 Forms submitted via UPMIS the electronic claims process as authorized by subsection 717.124(7), F.S., shall include an UPMIS system-generated electronic signature affixed by the claimant and be dated by the claimaint at the time the claim is created and filed.

(c) Form DFS-UP-106 shall be accompanied by the following:

1. Personal identification of the claimant as provided in subsection 69G-20.0022(2), F.A.C.

2. Proof demonstrating that the claimant is the owner and is entitled to the claimed property as required by rule 69G-20.0022, F.A.C. When ownership is claimed by an entity, personal identification of the entity representative as provided by subsection 69G-20.0022(2), F.A.C., is also required. Personal identification of the entity representative is not required if the entity is an active corporation.

(3)(5) Claims fFiled by persons oOther than aApparent 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) Claims for unclaimed property filed by someone other than the apparent owner, for example, an heir, personal representative, or beneficiary, shall be submitted on Form DFS-UP-107, entitled Claim Filed by Other than the Apparent Owner, which is hereby incorporated by reference, effective 1-3-05, www.fltreasurehunt.gov.

(a)(b) Form DFS-UP-107 shall be manually signed and dated by the claimant and accompanied by proof of  ownership and entitlement and all supporting documentation required in this Rule and Rule 69G-20.0022, F.A.C. the following:

1. Original documentation establishing such person’s right to act on behalf of the owner.

2. The name, address, taxpayer identification number (if available), and telephone number (if available), of the beneficiary, heir or personal representative for whom payment is sought.

3. Personal identification as provided by subsection 69G-20.0022(2), F.A.C., of the beneficiary, heir, personal representative, or, in the case of a Purchase Agreement, of the buyer and owner.

4. Proof demonstrating that the estate beneficiary or heir is entitled to the unclaimed property consistent with rule 69G-20.0022, F.A.C.

5. If applicable, the original Purchase Agreement signed and dated by the owner and the buyer pursuant to section 717.1351, F.S.

6. Full disclosure must be provided in accordance with section 717.135, F.S.

(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.

1. The Form DFS-UP-310, Unclaimed Property Purchase 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 purchasing 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 Purchase Agreement.

2. The Unclaimed Property Purchase Agreement must be manually signed and dated by the seller pursuant to section 717.135, F.S.

3. For claims of $2,000 or less, an apparent owner who is also the seller on the DFS-UP-107 may electronically sign and date the Unclaimed Property Purchase Agreement. If the Unclaimed Property Purchase Agreement is to be signed electronically, the electronic signature and date must be affixed by the seller using the DocuSign® Enterprise Pro for Government platform utilizing the DocuSign Identify ID Verification authentication method.

a. A true copy of the executed Unclaimed Property Purchase Agreement and the DocuSign® Certificate of Completion must be provided to the seller upon signing and dating the agreement.

b. A true copy of the executed Unclaimed Property Purchase Agreement, the DocuSign® Certificate of Completion, and a copy of the seller’s current, valid personal photographic identification must be included when the purchasing Claimant’s Representative’s claim is filed with the Department.

(4)(6) Claims fFiled 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) All claims for unclaimed property filed by a Claimant’s Representative shall be submitted on Form DFS-UP-108, entitled Claim Filed by Claimant’s Representative on Behalf of the Claimant, which is hereby incorporated by reference, effective 1-3-05, www.fltreasurehunt.gov.

(a)(b) Form DFS-UP-108 shall be manually signed or stamped and dated by the person(s) the Claimant’s Representative filing the claim and accompanied by the Form DFS-UP-309, Unclaimed Property Recovery Agreement. following:

(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) The Unclaimed Property Recovery Agreement must be manually signed and dated by the claimant pursuant to section 717.135, F.S.

1. For claims of $2,000 or less, an apparent owner claimant may electronically sign and date the Unclaimed Property Recovery Agreement. If the Unclaimed Property Recovery Agreement is to be signed electronically, the electronic signature and date must be affixed by the claimant on the DFS-UP-108 using the DocuSign® Enterprise Pro for Government platform utilizing the DocuSign Identify ID Verification authentication method.

2. A true copy of the executed Unclaimed Property Recovery Agreement and the DocuSign® Certificate of Completion must be provided to the claimant upon signing and dating the agreement.

3. A true copy of the executed Unclaimed Property Recovery Agreement, the DocuSign® Certificate of Completion, and a copy of the claimant’s current, valid personal photographic identification must be included with the purchasing Claimant’s Representative’s claim.

1. Original Power of Attorney signed and dated by the claimant pursuant to section 717.135, F.S.

2. The name, address, taxpayer identification number (if available), and telephone number, of the person or entity for whom payment is sought.

3. Personal identification of the person(s) for whom payment is sought as provided in subsection 69G-20.0022(2), F.A.C. When ownership is claimed by an entity, personal identification of the entity representative is also required as provided in subsection 69G-20.0022(2), F.A.C., and must be filed, unless the entity is an active corporation.

4. Proof demonstrating that the person(s) or entity being represented is entitled to the property being claimed consistent with rule 69G-20.0022, F.A.C.

(c) Claimant’s Representative Fee Caps.

1. The Power of Attorney shall reflect the total fee charged by the Representative for the account(s) listed on the claim form and the Power of Attorney.

2. The Power of Attorney shall contain either full disclosure or fee caps.

3. Full disclosure must be provided in accordance with section 717.135, F.S.

4. If the Power of Attorney contains fees that exceed statutory caps, the Department will deny the claim.

5. Fees will be paid when the value of all approved accounts associated with the Power of Attorney have been determined as follows:

a. Cash accounts – The value of cash accounts will be determined when posted to the account.

b. Securities – If the security is transferred to the claimant’s brokerage account, value of securities will be determined as of the close of business on the date of the transfer.

c. Tangible Personal Property – The value of tangible personal property accounts shall be based on the appraised shipping value at the time the property is prepared for transfer to the claimant.

6. Contracts for the recovery of small estate accounts pursuant to section 717.1243, F.S., by Estate Affidavit (Form DFS-UP-1243, [e-mail]), in lieu of probate, are subject to subsection 717.135(1), F.S.

(d) As used in this section, “Power of Attorney” means the written limited power of attorney agreement pursuant to section 717.135, F.S.

(5)(7) Claims fFiled by Holders of Unclaimed Property Paid or Delivered to the Department. shall be submitted on Form DFS-UP-110, Claim Filed by Holder for the Return of Unclaimed Property, effective 1-3-05, which is hereby incorporated by reference and available at www.fltreasurehunt.gov. Form DFS-UP-110 shall be manually signed and dated by the authorized representative of the holder.

(a) Claims for unclaimed property filed by a holder shall be submitted on Form DFS-UP-110, Claim Filed by Holder for the Return of Unclaimed Property, which is hereby incorporated by reference, effective 1-3-05, www.fltreasurehunt.gov.

(b) Form DFS-UP-110 shall be manually signed and dated by the authorized representative of the holder.

(6)(8) Claims Claim filed by oOther sStates. shall be submitted on Form DFS-UP-131, Claim by Other States, effective 1-3-05, which is hereby incorporated by reference and available at www.fltreasurehunt.gov. Form DFS-UP-131 shall be manually signed and dated by the authorized representative of the state filing the claim.

(a) The Claims for unclaimed property filed by another state shall be submitted on Form DFS-UP-131, Claim by Other States, which is hereby incorporated by reference, effective 1-3-05, www.fltreasurehunt.gov.

(b) Form DFS-UP-131 shall be manually signed and dated by the authorized representative of the state filing the claim.

(7)(9) Claims for rReimbursement of cCosts by hHolders of sSafe dDeposit bBoxes or oOther sSafekeeping rRepositories. shall be submitted on Form DFS-UP-112, Safe Deposit Reimbursement Claim Form, effective 1-3-05, which is hereby incorporated by reference and available at www.fltreasurehunt.gov. Claims by holders for cost reimbursement shall be limited to the actual costs of opening a safe deposit box, for any valid lien, or pursuant to a contract providing for the holder to be reimbursed for unpaid rent or storage charges.

(a) This subsection applies to claims for reimbursement filed by holders of unclaimed property for their actual costs of the opening of safe deposit boxes and for any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges. The claim shall be submitted on Form DFS-UP-112, entitled Safe Deposit Reimbursement Claim Form, which is hereby incorporated by reference, effective 1-3-05, www.fltreasurehunt.gov.

(b) through (c) renumbered as (a) through (b) No change.

(10) renumbered as (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 ________.

69G-20.0022 Proof of Ownership and Entitlement to Unclaimed Property.

(1) Any and all persons filing a claim for unclaimed property have the burden to provide to the Department a preponderance of evidence to prove ownership and entitlement to such property being claimed. Accordingly, in addition to the requirement specified in Rule 69G-4.001, F.A.C., persons making a claim to unclaimed property shall comply with the provisions of this rule, as specified below.

(2)(a) No change.

(b) In the event that a claimant has not been issued any type of valid photographic identification issued by the United States or a foreign nation, a state or territory of the United States or foreign nation, or a political subdivision or agency thereof, a claimant or Claimant’s Representative may file Form DFS-A4-1944, Affidavit Attesting to Claimant’s Identity, and a buyer may file Form DFS-A4-1945, Affidavit Attesting to Seller’s Identity, which must be accurately completed in full, executed by the affiants and the notary. Forms DFS-A4-1944 and DFS-A4-1945 are incorporated by reference effective 10-13-10 and available from the Florida Department of Financial Services, Division of Unclaimed Property, 200 East Gaines Street, Tallahassee, Florida 32399-0358, [e-mail]. Forms DFS-A4-1944 and DFS-A4-1945 must accurately affirm the claimant’s or seller’s identity and state the address of the claimant or the seller, which ever is applicable. Affiants must have personal knowledge of the claimant or seller. “Personal knowledge” means that the affiant is familiar with the circumstances of the claimant or seller, personally knows and has personally observed the claimant or seller, and has experience in dealing with claimant or seller on a daily basis or is a family member.

(c) For claims electronically submitted for $2,000 $1,000 or less, the Department may use an identity authentication service in lieu of a copy of the driver’s license, government-issued identification, or notarized sworn statement of the claimant to verify the claimant’s identity, as authorized by subsection 717.124(7), F.S.

(3) Claims by Beneficiaries or Estates.

(a) If the apparent owner is deceased, the claim must include a certified copy of the decedent’s death certificate, as well as the following:

1. through 2. No change.

3. Unclaimed Property with Aggregate Value of $10,000 $5,000.00 or Less – If all of the unclaimed property held by the Department on behalf of a deceased apparent owner has an aggregate value of $10,000 $5,000 or less, as an alternative to subparagraph (3)(a)2., the claimant may file a copy of the will, if the decedent had a will, and an affidavit signed by all the beneficiaries stating that all the beneficiaries have amicably agreed upon a division of the estate, that no probate proceedings are pending for the estate, and that all funeral expenses, expenses of the last illness and other lawful claims have been paid. The affidavit shall be submitted on Form DFS-UP-1243, Estate Affidavit, effective 1-3-05, which is hereby incorporated by reference and available from the Florida Department of Financial Services, Division of Unclaimed Property, 200 East Gaines Street, Tallahassee, Florida 32399-0358, [e-mail]. No partial payments shall be made.

(b) No change.

(4) through (5) No change.

Rulemaking Authority 717.124, 717.138 FS. Law Implemented 92.525, 117.05, 668.50, 717.124, 717.12403, 717.12404, 717.12405, 717.1242, 717.1243, 717.126, 717.1261, 717.1262, 732.102, 732.103, 733.103, 733.815, 735.301 FS. History–New 3-20-91, Amended 3-13-96, 8-18-96, 1-28-97, 1-18-99, 4-16-02, Formerly 3D-20.0022, Amended 1-3-05, 10-13-10, 4-20-16, Formerly 69I-20.0022, Amended ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Phillip Carlton, Assistant Director, Division of Unclaimed Property, [phone], [e-mail].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 30, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2021