Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.090 - ORDERS OR SETTLEMENTS REQUIRING RESTITION

Current through Reg. 50, No. 138; July 16, 2024
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, Division of Unclaimed Property in accordance with rules
				 69G-20.034 and
				 69G-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.