reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69D - Division of Criminal Investigations › Chapter 69D-2 - INSURER ANTI-FRAUD INVESTIGATIVE UNITS AND ANTI-FRAUD PLANS › Section 69D-2.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of this chapter:
(1) "Anti-fraud investigative unit" means the
				designated anti-fraud unit or division, or contractor authorized under
				subparagraph 626.9891(2)(a)2., F.S.
(2) "Commission" means the Financial Services
				Commission.
(3) "Designated
				anti-fraud unit or division" means a distinct unit or division or a unit or
				division made up of employees whose principal responsibilities are the
				investigation and disposition of claims who are also assigned investigation of
				fraud.
(4) "Division" means the
				Department of Financial Services, Division of Forensic and Investigative
				Services.
(5) "Office" means the
				Office of Insurance Regulation.
Rulemaking Authority
					 624.308,
					 626.9891(10)
					 FS. Law Implemented 624.307,
					 626.9891
					 FS.
New 10-5-06, Amended
					 5-8-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69D - Division of Criminal Investigations › Chapter 69D-2 - INSURER ANTI-FRAUD INVESTIGATIVE UNITS AND ANTI-FRAUD PLANS › Section 69D-2.003 - Insurer Anti-Fraud Plans; Mandatory Reporting of Suspected Fraudulent Acts

Current through Reg. 50, No. 138; July 16, 2024
(1) An insurer subject
				to subsection  626.9891(2),
				F.S., shall file with the Division a completed insurer anti-fraud plan and
				shall submit the plan electronically via the Division's website at
www.myfloridacfo.com
. The completed
				plan shall be submitted on Form DFS-L1-1689,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09343
,
				Anti-Fraud Plan (Rev. 03/18), which is hereby incorporated by reference and
				available on the Division's website. The insurer's filing of the information
				required on Form DFS-L1-1689 shall constitute an adequately detailed
				description of its designated anti-fraud unit as required by subsection
				 626.9891(2),
				F.S. An insurer that elects to contract with others to investigate and report
				possible fraudulent insurance acts pursuant to subparagraph 626.9891(2)(a)2.,
				F.S., shall also electronically file a copy of the executed contract with the
				Division.
(2)
(a) Insurers or other entities or persons
				subject to mandatory reporting requirements of subsection
				 626.989(6),
				F.S., shall report suspected fraudulent acts electronically on Form
				DFS-L1-1691,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09344
,
				Suspected Fraud Referral Form (Rev. 03/18), on the Division's website at
www.myfloridacfo.com
or via an
				electronic reporting interface that is linked to the Division (e.g. the
				National Insurance Crime Bureau or ISO sites). Form DFS-L1-1691 is hereby
				incorporated by reference. Insurers shall electronically provide the following
				with regard to reporting suspected fraudulent activity:
1. An acknowledgment that all reports of
				suspected insurance fraud shall contain information that clearly defines and
				supports the allegation of suspicious activity.
2. An acknowledgment that the insurer or
				anti-fraud investigative unit shall record the date that suspected fraudulent
				activity is detected, and shall record the date that reports of such suspected
				insurance fraud are sent directly to the Division.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69D - Division of Criminal Investigations › Chapter 69D-2 - INSURER ANTI-FRAUD INVESTIGATIVE UNITS AND ANTI-FRAUD PLANS › Section 69D-2.004 - Insurer Anti-Fraud Plans (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308,
					 626.9891 FS. Law Implemented
					 624.307,
					 626.9891(2),
					 (3)
					 FS.
New 10-5-06, Repealed
					 5-28-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69D - Division of Criminal Investigations › Chapter 69D-2 - INSURER ANTI-FRAUD INVESTIGATIVE UNITS AND ANTI-FRAUD PLANS › Section 69D-2.005 - Compliance and Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Division shall review the filings of insurer anti-fraud plans and the Office
				may conduct audits pursuant to section
				 624.3161, F.S., to determine
				compliance with section
				 626.9891, F.S., and this rule
				chapter.
(2) If an insurer fails to
				timely file an anti-fraud plan, fails to implement or follow the provisions of
				its anti-fraud plan, fails to report the required data related to fraud for
				each identified line of business written by the insurer, or in any other way
				fails to comply with the requirements of section
				 626.9891, F.S., and this rule
				chapter, the Department, Office, or Commission may take appropriate
				administrative action in accordance with sections
				 626.9891(8)  and
				 624.4211, F.S., and rule
				 69O-142.011,
				F.A.C.
Rulemaking Authority
					 624.308,
					 626.9891 FS. Law Implemented
					 624.307,
					 624.4211,
					 626.9891
					 FS.
New 10-5-06, Amended 8-9-15,
					 5-8-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69D - Division of Criminal Investigations › Chapter 69D-3 - AUTOMOBILE INSURANCE FRAUD STRIKE FORCE › Section 69D-3.001 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 626.9895(5)(c)
					 FS. Law Implemented 626.9895
					 FS.
New 11-26-13, Repealed
					 9-14-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69D - Division of Criminal Investigations › Chapter 69D-3 - AUTOMOBILE INSURANCE FRAUD STRIKE FORCE › Section 69D-3.002 - Governance of Organization (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 626.9895(5)(c)
					 FS. Law Implemented 626.9895
					 FS.
New 11-26-13, Repealed
					 9-14-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69D - Division of Criminal Investigations › Chapter 69D-3 - AUTOMOBILE INSURANCE FRAUD STRIKE FORCE › Section 69D-3.003 - Use of Division Property or Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 626.9895(5)(c)
					 FS. Law Implemented 626.9895
					 FS.
New 11-26-13, Repealed
					 9-14-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69D - Division of Criminal Investigations › Chapter 69D-4 - RULES OF THE BUREAU OF FIRE AND ARSON INVESTIGATIONS › Section 69D-4.001 - INITIAL INVESTIGATION OF FIRES

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) Purpose. The purpose of this rule is to
				assist local fire officials and law enforcement officers in determining the
				responsibilities with respect to the initial or preliminary assessment of fire
				scenes and in determining whether probable cause exists to refer such scenes to
				the Division for an investigation pursuant to section
				 633.112, F.S. Experience shows
				that the most effective deterrent to arson lies in a commitment by fire
				officials, law enforcement, and the Division to direct investigative resources
				to those fires that are the result of carelessness or design and to more
				effectively prosecute offenders that commit the crime of arson. This rule
				imposes no new obligations on local fire officials or law enforcement, but
				serves solely to clarify the conditions that necessitate the engagement and
				assistance of the Bureau of Fire and Arson Investigations', resources upon the
				occurrence of a fire or explosion.
(b) Scope. Pursuant to section
				 633.112, F.S., the Investigative
				and Forensic Services is required to investigate any fire in which property has
				been damaged or destroyed and where there is probable cause to believe that the
				fire was the result of carelessness or design. The Bureau of Fire and Arson
				Investigations of the Division of Investigative and Forensic Services is a law
				enforcement agency whose personnel are sworn law enforcement officers pursuant
				to chapter 943, F.S. The State Fire Marshal is charged with enforcing all laws
				and rules adopted pursuant thereto for purposes of the prevention of fire and
				explosion through the regulation of conditions which could cause fire or
				explosion, pursuant to paragraph
				 633.104(2)(a),
				F.S. The purpose of the Bureau of Fire and Arson Investigations is to
				investigate crimes or criminal activity related to fires. This section sets
				forth the requirements and procedures for such
				investigations.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69E - Division of Administration › Chapter 69E-3 - SMOKING POLICY › Section 69E-3.001 - Purpose and Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 386.205(6) FS.
					 Law Implemented 386.205
					 FS.
New 4-22-92, Formerly 4E-3.001, Repealed
					 1-29-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69E - Division of Administration › Chapter 69E-3 - SMOKING POLICY › Section 69E-3.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 386.205(6) FS.
					 Law Implemented 386.205
					 FS.
New 4-22-92, Formerly 4E-3.002, Repealed
					 1-29-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69E - Division of Administration › Chapter 69E-3 - SMOKING POLICY › Section 69E-3.003 - Prohibition (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 386.205(6) FS.
					 Law Implemented 386.205
					 FS.
New 4-22-92, Formerly 4E-3.003, Repealed
					 1-29-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69E - Division of Administration › Chapter 69E-3 - SMOKING POLICY › Section 69E-3.004 - No-Smoking Areas (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 386.205(6) FS.
					 Law Implemented 386.205
					 FS.
New 4-22-92, Formerly 4E-3.004, Repealed
					 1-29-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69E - Division of Administration › Chapter 69E-3 - SMOKING POLICY › Section 69E-3.005 - Action by Department Officials and Employees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 386.205(6) FS.
					 Law Implemented 386.205
					 FS.
New 4-22-92, Formerly 4E-3.005, Repealed
					 1-29-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69E - Division of Administration › Chapter 69E-3 - SMOKING POLICY › Section 69E-3.006 - Posting of Signs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 386.205(6) FS.
					 Law Implemented 386.205
					 FS.
New 4-22-92, Formerly 4E-3.006, Repealed
					 1-29-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69E - Division of Administration › Chapter 69E-3 - SMOKING POLICY › Section 69E-3.007 - Enforcement, Penalties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 386.205(6) FS.
					 Law Implemented 386.205,
					 386.208
					 FS.
New 4-22-92, Formerly 4E-3.007, Repealed
					 1-29-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69E - Division of Administration › Chapter 69E-121 - PUBLIC RECORDS, FINAL ORDERS, AND FEES › Section 69E-121.007 - Public Records and Availability of Forms: Procedures for Inspecting and Copying Public Records and for Obtaining Department Forms; Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 17.29,
					 624.308,
					 717.138 FS. Law Implemented
					 119.01,
					 119.011,
					 119.021,
					 119.07,
					 120.53,
					 624.23,
					 624.231,
					 624.307(1),
					 624.311,
					 624.501
					 FS.
New 1-1-75, Formerly 4-38.07, 4-38.007, Amended 2-5-87,
					 6-4-92, 5-30-95, Formerly 4-121.007, Amended 11-22-12, Repealed
					 1-18-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69E - Division of Administration › Chapter 69E-121 - PUBLIC RECORDS, FINAL ORDERS, AND FEES › Section 69E-121.010 - Indexing, Management, and Availability of Final Orders (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 17.29,
					 624.308 FS. Law Implemented
					 119.021,
					 120.53,
					 120.533,
					 624.501
					 FS.
New 6-4-92, Amended 3-1-93, 9-19-94, Formerly 4-121.010,
					 Amended 11-22-12, Repealed 8-16-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69E - Division of Administration › Chapter 69E-121 - PUBLIC RECORDS, FINAL ORDERS, AND FEES › Section 69E-121.087 - Fingerprint Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 215.405 FS. Law Implemented
					 215.405,
					 624.307(1),
					 624.34,
					 624.501,
					 626.171(5)
					 FS.
New 10-25-88, Formerly 4-38.055, Amended 9-19-94, Formerly
					 4-121.087, Repealed 11-22-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.001 - REGISTRATION

Current through Reg. 50, No. 138; July 16, 2024
In order to file claims as a Claimant's Representative,
				  receive distributions of fees and costs resulting from approved claims, or to
				  purchase unclaimed property accounts from account owners, Florida-Licensed
				  private investigators, Florida-licensed certified public accountants and
				  Florida-licensed attorneys must register with the Department and maintain the
				  applicable professional Florida license. To register:
(1) A Florida-licensed private investigator
				must complete and submit 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 specified in the form.
(2) A Florida-licensed certified public
				accountant must complete and submit 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 specified in the form.
(3) A Florida-licensed attorney must complete
				and submit 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 the documents specified in the form.
(4) The forms referred to herein are 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,
www.fltreasurehunt.gov
.
Rulemaking Authority
					 717.138 FS. Law Implemented
					 92.525,
					 717.124,
					 717.135,
					 717.1400
					 FS.
New 1-3-05, Amended 10-13-10, 6-17-15, Formerly
					  69I-20.001, Amended
					 10-20-22.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.0011 - FULL DISCLOSURE STATEMENT (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 717.138 FS. Law Implemented
					 717.135,
					 717.1351
					 FS.
New 4-27-09, Formerly
					  69I-20.0011, Repealed
					 1-1-24.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.0021 - PROCEDURES FOR FILING CLAIM

Current through Reg. 50, No. 138; July 16, 2024
(1) Claims
				for unclaimed property in the custody of the Department shall be submitted to
				the Department on the claim forms generated by the Department's Unclaimed
				Property Management Information System (UPMIS), 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.org
or to The Florida
				Department of Financial Services, Division of Unclaimed Property, 200 East
				Gaines Street, Tallahassee, Florida 32399-0358.
(a) A claim submitted by mail or in person,
				shall include the correct claim form, fully completed and manually signed and
				dated by all claimants, proof of the claimant's or seller's identity,
				ownership, and entitlement, and all supporting documentation as required by
				this rule, and Rule  69G-20.0022, F.A.C.
(b) A claim submitted electronically via
				UPMIS, as authorized by Section
				 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.
(c) A
				claimant or a Claimant's Representative may withdraw a filed, pending claim by
				making a written request to the Department.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.0023 - DATABASE SUBMISSIONS

Current through Reg. 50, No. 138; July 16, 2024
(1) A claimant, or
				a claimant's representative, may submit the results of a database search for
				the Department to consider with the claim for unclaimed property.
(2) In the event that the claim is denied,
				and a hearing is requested by the claimant or the claimant's representative,
				the evidentiary requirements of sections
				 120.569 and
				 120.57, F.S., shall apply to the
				results of a database search.
(3)
				Unless otherwise provided by Florida law, the results of a database search
				shall be public record in accordance with section
				 119.07,
				F.S.
Rulemaking Authority
					 717.138 FS. Law Implemented
					 717.124,
					 717.126
					 FS.
New 1-3-05, Formerly
					  69I-20.0023.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.0024 - INVESTIGATION OR EXAMINATION FEES

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department shall charge $100.00 per eight hour day for each examiner engaged in
				an investigation or examination of the records of a holder under chapter 717,
				F.S.
(2) Such examination fee shall
				be calculated on an hourly basis and shall be rounded down to the nearest hour
				if less than .5 of an hour is spent. If equal to or greater than .5 of an hour
				is spent the time will be rounded up to the nearest hour.
(3) A holder shall not be required to pay an
				investigation or examination fee if the investigation or examination fails to
				disclose property which is reportable and deliverable under chapter 717,
				F.S.
(4) The Department shall not
				charge a fee for the investigation or examination of any governmental
				unit.
Rulemaking Authority
					 717.138 FS. Law Implemented
					 717.1301(6)
					 FS.
New 11-12-91, Formerly 3D-20.0024,
					  69I-20.0024.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.0025 - SHAREHOLDER AFFIDAVIT (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 717.138 FS. Law Implemented
					 717.124,
					 717.126
					 FS.
New 11-6-96, Formerly 3D-20.0025,
					  69I-20.0025, Repealed
					 1-8-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.0026 - CLAIMANT AFFIDAVIT

Current through Reg. 50, No. 138; July 16, 2024
In the event proof of ownership to unclaimed property can not
				  be substantiated, the claimant may, for the Department's consideration, file an
				  affidavit swearing to the authenticity of the claim and to the lack of
				  documentation and agreeing to the release of the claimant's name and address by
				  the Department to subsequent claimants providing substantiated proof of
				  entitlement to the unclaimed property. The affidavit must be accurately
				  completed. The claimant must state on the affidavit why the claimant is
				  entitled to the unclaimed property. The affidavit must be signed by the
				  claimant and on the same day the affidavit is dated by the claimant who must be
				  the "apparent owner" as defined by section
				   717.101(2),
				  F.S. No person shall place any writing or other information on the affidavit
				  after the affidavit has been signed and dated by the claimant. The affidavit
				  shall be submitted on Form DFS-A4-2006, Unclaimed Property Claimant Affidavit
				  effective 10-13-10, which is hereby incorporated by reference and available
				  from the Department of Financial Services, Division of Unclaimed Property, 200
				  East Gaines Street, Tallahassee, Florida 32399-0358,
				  floridaunclaimedproperty@myfloridacfo.com. This section applies only if all of
				  the unclaimed property held by the Department on behalf of the claimant for
				  which entitlement has not been established has an aggregate value of $250 or
				  less.
Rulemaking Authority
					 717.138 FS. Law Implemented
					 117.05,
					 717.101(2),
					 717.124(3)
					 FS.
New 1-28-97, Amended 4-16-02, Formerly 3D-20.0026, Amended
					 10-13-10, Formerly  69I-20.0026.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.0028 - GENERAL PRINCIPLES FOR JOINT OWNERSHIP OF PROPERTY FOR ACCOUNTS THAT ARE NOT UNCLAIMED DEMAND, SAVINGS OR CHECKING ACCOUNTS FORMERLY HELD BY A FINANCIAL INSTITUTION

Current through Reg. 50, No. 138; July 16, 2024
(1) Tenancy in
				common. Generally, each owner is entitled to receive a percentage share of the
				unclaimed property. If there are two owners, each owner will receive 50%; if
				there are 3 owners, each owner will receive 33.33%, etc. If an owner dies, the
				percentage share of the unclaimed property shall be remitted to that owner's
				estate or beneficiary, as defined in section
				 731.201, F.S., provided that
				entitlement is established in accordance with section
				 717.126, F.S. Unclaimed property
				reported with more than one owner designated with the word "and" is treated as
				a tenancy in common.
(2) Joint
				Tenancy with Rights of Survivorship. This type of property involves two or more
				people. Generally, each owner is entitled to receive a percentage share of the
				unclaimed property. If there are two owners, each owner will receive 50%; if
				there are 3 owners, each owner will receive 33.33%, etc. If one of the owners
				dies, the remaining owner or owners are entitled to receive the unclaimed
				property. If all owners are deceased, the unclaimed property shall be remitted
				to the estate or beneficiary of the last surviving owner provided that
				entitlement is established in accordance with section
				 717.126, F.S.
(3) Tenancy by the Entirety. This type of
				tenancy applies only to married persons. Both persons must file a claim for the
				unclaimed property. If one spouse dies, the surviving spouse is entitled to the
				unclaimed property. If both owners are deceased, the unclaimed property shall
				be remitted to the estate or beneficiary of the last surviving spouse provided
				that entitlement is established in accordance with section
				 717.126, F.S. If the spouses
				divorce, the tenancy by the entirety is converted to a tenancy in
				common.
Rulemaking Authority
					 717.138 FS. Law Implemented
					 717.124,
					 717.12406,
					 717.126
					 FS.
New 4-27-09, Formerly
					  69I-20.0028.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.0029 - SURVIVORSHIP ACCOUNTS REPORTED BY A FINANCIAL INSTITUTION

Current through Reg. 50, No. 138; July 16, 2024
(1) In the absence of evidence to the
				contrary, an unclaimed demand, savings, or checking account from a financial
				institution as defined in section
				 655.005, F.S., reported to the
				Department as an "and" account or as an "or" account, or otherwise reported in
				the name of two or more persons shall be treated as a survivorship account
				notwithstanding rule  69G-20.0028, F.A.C.
(2) This rule relates to proving entitlement
				pursuant to section  717.126, F.S., and shall not be
				interpreted as affecting any private cause of action that one account holder
				may have against a joint account holder.
Rulemaking Authority
					 717.138 FS. Law Implemented
					 717.12403,
					 717.126
					 FS.
New 4-27-09, Formerly
					  69I-20.0029. Cf. Sections
					  655.005,
					  655.79 FS.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.0030 - Claims for United States Savings Bonds

Current through Reg. 50, No. 138; July 16, 2024
(1) A claim for a United States savings bond,
				or the proceeds from such bond, may be approved if the claimant is able to
				provide sufficient proof of the validity of the claim.
(a) If no beneficiary or pay-on-death
				recipient is indicated on the bond:
1. By any
				person whose name appears on the bond, or
2. By the beneficiary as defined by section
				 731.201, F.S., or the personal
				representative of the estate of the person whose name appears on the bond who
				died last.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.0037 - REPORTING AND REMITTING ABANDONED PROPERTY BY MAIL-IN SECONDHAND PRECIOUS METALS DEALERS

Current through Reg. 50, No. 138; July 16, 2024
(1) All property
				having a true market value of greater than $50, which is presumed abandoned
				under section  538.32(7),
				F.S., shall be delivered to the Department through the U.S. Mail or other
				carrier. The package should be clearly marked on the outside "Deliver
				Unopened."
(2) Precious metals or
				jewelry shall be reported by submitting a duly completed Form DFS-A4-2005,
				Mail-in Secondhand Precious Metals Dealer Report, effective 10-13-10, hereby
				incorporated by reference and available from the Department of Financial
				Services, Division of Unclaimed Property, 200 East Gaines Street, Tallahassee,
				Florida 32399-0358, ereporting@myflorida.com. The report shall accompany the
				precious metal or jewelry. If the package contains precious metal or jewelry
				belonging to more than one seller, each report shall either be attached to the
				precious metal or jewelry belonging to each seller or each report must be
				placed in a separate container with the corresponding precious metal or jewelry
				of each seller within the package marked on the outside "Deliver Unopened." The
				report shall specify:
(a) The seller's name,
				address, telephone number, email address, and drivers license number or other
				government issued identification number together with the issuing state, if
				available.
(b) A complete and
				accurate description of the seller's goods, including:
1. Precious metal type, or, if jewelry, the
				type of jewelry.
2. Any other
				unique identifying marks, numbers, or letters.
(c) The date that the seller's goods were
				received by the mail-in secondhand precious metals dealer.
(d) The name of a person who may be contacted
				regarding the report and the remittance.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.034 - REPORT OF UNCLAIMED PROPERTY

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department has established the Holder Reporting Online System that can be
				securely used by all holders to report unclaimed property to the Division of
				Unclaimed Property. The Holder Reporting Online System can be accessed at the
				Department's website.
(2) All
				persons subject to the Florida Disposition of Unclaimed Property Act shall file
				a report of unclaimed property with the Department, pursuant to section
				 717.117, F.S., upon becoming
				subject to the filing requirement of chapter 717, F.S., and each year
				thereafter, including zero reports, where applicable, unless:
(a) Written justification has been received
				from a holder by the Department stating, but not limited to, the following
				reasons:
1. The holder is filing a complete
				and accurate report with another state that has adopted the current National
				Association of Unclaimed Property Administrators (NAUPA) Reciprocity/Exchange
				guidelines;
2. The holder is
				located outside Florida and does not conduct business in Florida in its
				day-to-day operations;
3. The
				holder maintains a fiduciary relationship with its clients such as real estate
				brokers and attorneys and does not, as a normal course of business, maintain
				unclaimed property; or
4. The
				holder lacks access to the Internet at the holder's place of business as
				demonstrated in a writing submitted to the Department, and the Department
				subsequently prescribes an alternative medium to file the unclaimed property
				report for the report year.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.035 - REPORTING SAFE DEPOSIT BOX CONTENTS

Current through Reg. 50, No. 138; July 16, 2024
Safe deposit box contents must be reported to the Department
				  of Financial Services, Division of Unclaimed Property, by submitting a
				  completed Form DFS-UP-155, Safe Deposit Box Inventory Form of Property Presumed
				  Unclaimed, effective 08/2022, which is hereby incorporated by reference and
				  available at:
https://fltreasurehunt.gov/UP-Web/sitePages/ReportUnclaimedPropertyHR.jsf
under the Remittance Information tab; or on the following link:
https://www.flrules.org/Gateway/reference.asp?No=Ref-14616
.
Rulemaking Authority
					 717.117(1),
					 717.138 FS. Law Implemented
					 717.116,
					 717.117,
					 717.119
					 FS.
New 1-3-05, Formerly
					  69I-20.035, Amended
					 11-13-22.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.038 - LATE ANNUAL REPORT(S), LATE PAYMENT(S), AND LATE DELIVERY OF ABANDONED PROPERTY

Current through Reg. 50, No. 138; July 16, 2024
(1) If the due date
				for filing the Report of Unclaimed Property prescribed under section
				 717.117, F.S., falls on a
				Saturday or Sunday, the following Monday will be considered the due date. In
				the event the reporting or payment or property delivery date is an official
				State of Florida holiday under section
				 110.117, F.S., the next business
				day will become the due date.
(2)
				No penalty shall be assessed on a late report that correctly reflects no
				property to be reported.
(3) A
				written request for an extension of time to file an unclaimed property report
				for the prior calendar year must be postmarked or filed with the Department by
				April 30th of the subsequent calendar year. A written request that is not
				timely postmarked or filed shall be denied. The Department shall review the
				facts and circumstances of each timely postmarked or filed written request on a
				case-by-case basis and, if the Department finds that the requestor has shown
				that good cause exists to grant an extension, the Department shall postpone the
				reporting date or extend the property delivery date for a period of up to sixty
				(60) days. For purposes of this subsection, "good cause" means:
(a) Natural disasters;
(b) Acts of war or terrorism;
(c) Report to be filed by the holder or its
				subsidiaries using an electronic medium for the first time;
(d) Significant changes in
				personnel;
(e) Corporate actions
				such as mergers, acquisitions, bankruptcy, etc.;
(f) System conversions, updates/changes in
				reporting software; or
(g) Change
				in third party administrator.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.040 - WRITTEN NOTICE

Current through Reg. 50, No. 138; July 16, 2024
All holders in possession of property presumed unclaimed
				  having a value of $50.00 or more shall give notice to the apparent owner in
				  accordance with section
				   717.117(4),
				  F.S. The notice shall, at a minimum, meet the following criteria:
(1) The account must be identified as
				inactive and subject to reporting and remittance to the Department as provided
				by sections  717.101 through
				 717.117 and
				 717.119, F.S.
(2) The property value must be clearly stated
				on the notice.
(3) The notice must
				include a reasonable description of the property sufficient to inform the
				property owner of the nature of the unclaimed property and the property
				identifier assigned by the holder to the account.
(4) The notice must include a telephone
				number and mailing address of the holder from which additional information
				concerning the property is available.
Rulemaking Authority
					 717.138 FS. Law Implemented
					 717.101,
					 717.102,
					 717.1035,
					 717.104,
					 717.1045,
					 717.105,
					 717.106,
					 717.107,
					 717.1071,
					 717.108,
					 171.109,
					 717.1101,
					 717.111,
					 717.112,
					 717.1125,
					 717.113,
					 717.115,
					 717.116,
					 717.117,
					 717.119
					 FS.
New 6-23-91, Amended 8-29-94, 1-28-97, 4-16-02, Formerly
					 3D-20.040, Amended 4-20-16, Formerly
					  69I-20.040.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.041 - Reporting Instructions Manual for Unclaimed Property

Current through Reg. 50, No. 138; July 16, 2024
The Department's mission is to collect and return unclaimed
				  property to its rightful owners in accordance with the Florida Disposition of
				  Unclaimed Property Act, Chapter 717, F.S. To accomplish this mission, all
				  holders must comply with Florida's Unclaimed Property Law. When reporting and
				  remitting unclaimed property to the Department, holders must follow the
				  procedures in Form DFS-P1-0001, Reporting Instructions Manual, revised July
				  2019, which is hereby incorporated by reference and available from the Florida
				  Department of Financial Services, Division of Unclaimed Property's website at:
www.FLTreasureHunt.gov
; and may be
				  viewed on the following link
http://www.flrules.org/Gateway/reference.asp?No=Ref-12001
.
Rulemaking Authority
					 717.117(1),
					 717.138 FS. Law Implemented
					 717.101,
					 717.102,
					 717.103,
					 717.1035,
					 717.104,
					 717.1045,
					 717.105,
					 717.106,
					 717.107,
					 717.1071,
					 717.108,
					 717.109,
					 717.1101,
					 717.111,
					 717.112,
					 717.1125,
					 717.113,
					 717.115,
					 717.116,
					 717.117,
					 717.119,
					 717.129,
					 717.1311,
					 717.134,
					 717.138
					 FS.
New 5-3-10, Amended 4-20-16, Formerly
					  69I-20.041, Amended 9-20-17,
					 7-21-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.050 - VOLUNTARY DISCLUSURE AGREEMENTS, EXAMINATIONS, AND AUDITS

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department's mission is to collect
				and return unclaimed property to its rightful owners in accordance with the
				Florida Disposition of Unclaimed Property Act, Chapter 717, F.S. To achieve
				these results, the Department is encouraging businesses ("Holders") inside and
				outside the State of Florida who are in possession of unclaimed property to
				comply with Florida's Unclaimed Property Law. This compliance can be achieved
				using a program called voluntary disclosure. This program provides the
				following benefits to a Holder:
(a) It
				relieves the Holder of associated expense and liability holding unclaimed
				property; and,
(b) Penalties and
				fines are not assessed by the Department.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.071 - PURPOSE

Current through Reg. 50, No. 138; July 16, 2024
The purpose of rules
				   69G-20.071 through
				   69G-20.080, F.A.C., is to
				  implement the Department's duty to establish penalty guidelines for violations
				  of sections  717.1322 and
				   717.1341, F.S.
Rulemaking Authority
					 717.138 FS. Law Implemented
					 717.101,
					 717.102,
					 717.103,
					 717.1035,
					 717.104,
					 717.1045,
					 717.105,
					 717.106,
					 717.107,
					 717.1071,
					 717.108,
					 717.109,
					 717.1101,
					 717.111,
					 717.112,
					 717.113,
					 717.115,
					 717.116,
					 717.117,
					 717.119,
					 717.124,
					 717.12404,
					 717.12405,
					 717.1261,
					 717.1262,
					 717.1301(1),
					 717.1311,
					 717.1315,
					 717.132,
					 717.1322,
					 717.1323,
					 717.134,
					 717.1341,
					 717.135,
					 717.1351,
					 717.1400
					 FS.
New 1-3-05, Formerly
					  69I-20.071.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.072 - PENALTY GUIDELINE DEFINITIONS

Current through Reg. 50, No. 138; July 16, 2024
The following definitions shall apply for purposes of this
				  rule chapter:
(1) "Administrative
				complaint" refers to formal administrative charges filed by the Department
				against a person. The charges consist of factual allegations with citations to
				violations of the Florida Disposition of Unclaimed Property Act, chapter 717,
				F.S., Department rules or orders.
(2) "Aggregate final penalty" means the total
				of the final penalties against a person in one or more enforcement
				actions.
(3) "Count" refers to a
				series of one or more numbered paragraphs of factual allegations in an
				administrative complaint that are incorporated by reference under the word
				"Count" followed by a Roman numeral, which are set apart from other counts in
				an administrative complaint, and which if true would constitute a violation of
				the Florida Disposition of Unclaimed Property Act, chapter 717, F.S.
(4) "Convicted" means adjudicated guilty by a
				court.
(5) "Department" means the
				Florida Department of Financial Services.
(6) "Final penalty" means the penalty
				actually imposed on a person.
(7)
				"Penalty per count" means the total of the stated penalties in a count for each
				act, transaction or occurrence in violation of the Florida Disposition of
				Unclaimed Property Act, chapter 717, F.S.
(8) "Registrant" means a person who has
				satisfied the requirements of Section
				 717.1400, F.S., and whose
				registration is active.
(9) "Stated
				penalty" means the penalty set forth in rule
				 69G-20.075 or
				 69G-20.076, F.A.C., for each
				act, transaction or occurrence in violation of the Florida Disposition of
				Unclaimed Property Act, chapter 717, F.S.
(10) "Total penalty" refers to the sum of the
				penalties for each count.
Rulemaking Authority
					 717.138 FS. Law Implemented
					 717.101,
					 717.102,
					 717.103,
					 717.1035,
					 717.104,
					 717.1045,
					 717.105,
					 717.106,
					 717.107,
					 717.1071,
					 717.108,
					 717.109,
					 717.1101,
					 717.111,
					 717.112,
					 717.113,
					 717.115,
					 717.116,
					 717.117,
					 717.119,
					 717.124,
					 717.12404,
					 717.12405,
					 717.1261,
					 717.1262,
					 717.1301(1),
					 717.1311,
					 717.1315,
					 717.132,
					 717.1322,
					 717.1323,
					 717.134,
					 717.1341,
					 717.135,
					 717.1351,
					 717.1400
					 FS.
New 1-3-05, Formerly
					  69I-20.072.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.073 - CALCULATING PENALTY

Current through Reg. 50, No. 138; July 16, 2024
(1) Penalty Per
				Count. The Department is authorized to find that grounds exist under section
				 717.1322, F.S., for disciplinary
				action based upon a single act, transaction or occurrence of misconduct by a
				person. "Penalty per count" means the total of the stated penalties in a count
				for each act, transaction or occurrence in violation of the Florida Disposition
				of Unclaimed Property Act, chapter 717, F.S.
(2) Total Penalty. Each penalty per count
				shall be added together and the sum shall be referred to as the "total
				penalty."
(3) Final Penalty. The
				final penalty means the penalty which will be imposed against a person under
				these rules, as adjusted to take into consideration aggravating or mitigating
				factors, if any.
Rulemaking Authority
					 717.138 FS. Law Implemented
					 717.101,
					 717.102,
					 717.103,
					 717.1035,
					 717.104,
					 717.1045,
					 717.105,
					 717.106,
					 717.107,
					 717.1071,
					 717.108,
					 717.109,
					 717.1101,
					 717.111,
					 717.112,
					 717.113,
					 717.115,
					 717.116,
					 717.117,
					 717.119,
					 717.124,
					 717.12404,
					 717.12405,
					 717.1261,
					 717.1262,
					 717.1301(1),
					 717.1311,
					 717.1315,
					 717.132,
					 717.1322,
					 717.1323,
					 717.134,
					 717.1341,
					 717.135,
					 717.1351,
					 717.1400
					 FS.
New 1-3-05, Formerly
					  69I-20.073.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.074 - PROSECUTORIAL DISCRETION

Current through Reg. 50, No. 138; July 16, 2024
(1) Stipulated
				Disposition. The provisions of this rule are intended and shall not be
				construed to limit the ability of the Department to informally dispose of
				disciplinary actions by stipulation, agreed settlement or consent order whether
				or not the Department has initiated administrative charges.
(2) Cease and Desist Orders and Orders to
				Take Corrective Action. This rule chapter shall not preclude the Department
				from initiating an administrative action against registered or unregistered
				individuals as authorized by section
				 717.132, F.S.
(3) Collateral Actions. The provisions of
				this rule chapter are not intended and shall not be construed to limit the
				ability of the Department to pursue or recommend collateral, civil or criminal
				actions where appropriate.
Rulemaking Authority
					 717.138 FS. Law Implemented
					 717.101,
					 717.102,
					 717.103,
					 717.1035,
					 717.104,
					 717.1045,
					 717.105,
					 717.106,
					 717.107,
					 717.1071,
					 717.108,
					 717.109,
					 717.1101,
					 717.111,
					 717.112,
					 717.113,
					 717.115,
					 717.116,
					 717.117,
					 717.119,
					 717.124,
					 717.12404,
					 717.12405,
					 717.1261,
					 717.1262,
					 717.1301(1),
					 717.1311,
					 717.1315,
					 717.132,
					 717.1322,
					 717.1323,
					 717.134,
					 717.1341,
					 717.135,
					 717.1351,
					 717.1400
					 FS.
New 1-3-05, Formerly
					  69I-20.074.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.075 - STATED PENALTY GUIDELINES FOR VIOLATION OF SECTIONS 717.1322 AND 717.1341, F.S., BY REGISTRANTS

Current through Reg. 50, No. 138; July 16, 2024
(1) If it is found
				that a registrant has violated any of the following subsections of section
				 717.1322, F.S., the following
				stated penalty guidelines shall apply for each act, transaction or occurrence.
				The penalty imposed within the range of penalties should be based upon the
				severity of the violation. It is the Florida Legislature's intent that minor
				violations be distinguished from serious violations.
(a) Section
				 717.1322(1)(a),
				F.S. - suspension of 6 months to revocation if the act is willful or with
				reckless disregard or deliberate ignorance of the truth, 1 to 2 months if the
				act is not willful or with reckless disregard or deliberate ignorance of the
				truth.
(b) Section
				 717.1322(1)(b),
				F.S. - suspension of 6 months to revocation.
(c) Section
				 717.1322(1)(c),
				F.S. - suspension of 6 months to revocation.
(d) Section
				 717.1322(1)(d),
				F.S. - suspension of 3 to 6 months.
(e) Section
				 717.1322(1)(e),
				F.S. - suspension of 3 to 6 months.
(f) Section
				 717.1322(1)(f),
				F.S. - suspension of 3 to 6 months if the act is willful, 1 to 2 months if the
				act is not willful.
(g) Section
				 717.1322(1)(g),
				F.S. - suspension of 3 months to revocation and a $500 to $1,000 fine per day
				of non-compliance.
(h) Section
				 717.1322(1)(h),
				F.S. - see rule  69G-20.077, F.A.C.
(i) Section
				 717.1322(1)(i),
				F.S. - suspension of 3 to 6 months if the act is willful, 1 to 2 months if the
				act is not willful.
(j) Section
				 717.1322(1)(k),
				F.S. - suspension of 3 to 6 months and a $500 to $1,000 fine per day of
				non-compliance if the act is willful, 1 to 2 months suspension if the act is
				not willful.
(k) Section
				 717.1322(1)(l),
				F.S. - suspension of 12 to 24 months.
(l) Section
				 717.1341(3),
				F.S. - a fine equal to the value of the property for the first offense, a fine
				equal to twice the value of the property for the second offense, and a fine
				equal to three times the value of the property for the third and subsequent
				offenses.