69I-20.090. Orders or Settlements Requiring Restitution.

In accordance with Chapter 717, F.S., orders or settlements requiring restitution may include one of the following recommended paragraphs which may be modified to fit the particular facts of the case:

(1)(a) The (Defendant/Respondent/Petitioner) shall make a good faith effort to locate each entity or individual who is required to be paid in accordance with this (Settlement/Order).

(b) If the (Defendant/Respondent/Petitioner) is not able to locate any entity or individual who is required to be paid in accordance with this (Settlement/Order) or does not make payment to the entity or individual for any other reason, the (Defendant/Respondent/Petitioner) shall report and remit the amount due to the entity or individual to the unclaimed property program of the state of the last known address of the entity or individual as shown on the records of the (Defendant/Respondent /Petitioner) or to the state of domicile of the (Defendant/Respondent/Petitioner) if the records of the (Defendant/Respondent /Petitioner) do not reflect the last known address of the entity or individual. The funds shall be payable in U.S. dollars using the appropriate reporting forms and electronic reporting format within 60 days after the date that the (Defendant/Respondent/Petitioner) was required to issue payment in accordance with the terms of this (Settlement/Order), unless directed otherwise by the receiving unclaimed property program. If the (Defendant/Respondent/Petitioner) is directed otherwise by the receiving unclaimed property program, the (Defendant/Respondent/Petitioner) shall follow the reporting and remitting instructions of the receiving unclaimed property program. A copy of the (Settlement/Order) requiring restitution shall accompany the unclaimed property report and remittance.

(c) If the (Defendant/Respondent/Petitioner) issues a check to an entity or individual who is required to be paid in accordance with this (Settlement/Order) and the entity or individual does not negotiate or cash the check within 90 days after the issuance of the check, the (Defendant/Respondent/Petitioner) shall report and remit the value of the uncashed check in U.S. dollars to the unclaimed property program of the state of the last known address of the entity or individual as shown on the records of the (Defendant/Respondent/Petitioner) or to the state of domicile of the (Defendant/Respondent/Petitioner) if the records of the (Defendant/Respondent/Petitioner) do not reflect the last known address of the entity or individual. The (Defendant/Respondent /Petitioner) shall report and remit the unclaimed property using the appropriate reporting forms and electronic reporting format within 150 days after the issuance of the check, unless directed otherwise by the receiving unclaimed property program. If the (Defendant/Respondent/Petitioner) is directed otherwise by the receiving unclaimed property program, the (Defendant/Respondent /Petitioner) shall follow the reporting and remitting instructions of the receiving unclaimed property program. A copy of the (Settlement/Order) requiring restitution shall accompany the unclaimed property report and remittance.

(d) Unclaimed Property due and owing to the State of Florida shall be reported and remitted to the Florida Department of Financial Services, Bureau of Unclaimed Property in accordance with Rules 69I-20.034 and 69I-20.041, F.A.C.

(e) “Domicile” means the state of incorporation, in the case of a corporation incorporated under the laws of a state, and the state of the principal place of business, in the case of a person not incorporated under the laws of a state.

(2)(a) The (Defendant/Respondent/Petitioner) shall make a good faith effort to locate each entity or individual who is required to be paid in accordance with this (Settlement/Order).

(b) If the (Defendant/Respondent/Petitioner) is not able to locate any entity or individual who is required to be paid in accordance with this (Settlement/Order) or does not make payment to the entity or individual for any other reason, the (Defendant/Respondent/Petitioner) shall report and remit the amount due to the entity or individual to the Florida Department of Financial Services, Bureau of Unclaimed Property, in U.S. dollars using the appropriate reporting forms and electronic reporting format in accordance with Rules 69I-20.034 and 69I-20.041, F.A.C., within 60 days after the date that the (Defendant/Respondent/ Petitioner) was required to issue payment in accordance with the terms of this (Settlement/Order). A copy of the (Settlement/Order) requiring restitution shall accompany the unclaimed property report and remittance.

(c) If the (Defendant/Respondent/Petitioner) issues a check to an entity or individual who is required to be paid in accordance with this (Settlement/Order) and the entity or individual does not negotiate or cash the check within 90 days after the issuance of the check, the (Defendant/Respondent/Petitioner) shall report and remit the value of the uncashed check in U.S. dollars to the Florida Department of Financial Services, Bureau of Unclaimed Property, using the appropriate reporting forms and electronic reporting format in accordance with Rules 69I-20.034 and 69I-20.041, F.A.C., within 150 days after the issuance of the check. A copy of the (Settlement/Order) requiring restitution shall accompany the unclaimed property report and remittance.

Rulemaking Authority 717.117(1), 717.138 FS. Law Implemented 717.117, 717.119 FS. History–New 10-13-10.