Fla. Admin. Code Ann. R. 69G-20.0021 - PROCEDURES FOR FILING CLAIM

(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.

(2) Claims filed by an apparent owner (including business entities and trusts) 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) A Form DFS-UP-106 shall be signed and dated by the claimant 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 submitted via UPMIS as authorized by Section 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.

(3) Claims filed by persons other than apparent owners (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) 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 requirementation required in this rule and Rule 69G-20.0022, F.A.C.

(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 07/22, is hereby incorporated by reference and available at www.fltreasurehunt.gov and http://www.flrules.org/Gateway/reference.asp?No=Ref-14777.

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) Claims filed 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) Form DFS-UP-108 shall be manually signed or stamped and dated by the Claimant's Representative and accompanied by the Form DFS-UP-309, Unclaimed Property Recovery Agreement.

(b) The Form DFS-UP-309, entitled Unclaimed Property Recovery Agreement, effective 07/22, is hereby incorporated by reference and available at www.fltreasurehunt.gov and http://www.flrules.org/Gateway/reference.asp?No=Ref-14433.

(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.

(5) Claims filed 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.

(6) Claims filed by other states 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.

(7) Claims for reimbursement of costs by holders of safe deposit boxes or other safekeeping repositories 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) Form DFS-UP-112 shall be manually signed and dated by an authorized representative of the holder.

(b) Form DFS-UP-112 shall not be filed with the Department prior to the date of the sale of the contents of the safe deposit box or other safekeeping repository.

(8) Payment and Delivery of Unclaimed Property for approved claims.

(a) Cash.

1. For claims filed by the person entitled to the unclaimed property, the claimant can elect to receive payment by warrant, electronic fund transfer, or stored value product or account. The claimant must select the preferred payment method in writing within five (5) days of claim approval. If the claimant does not select a payment method in writing within the specified time period, the Department will issue a warrant to the claimant.

2. For claims filed by a Claimant's Representative, the claimant can elect to receive payment, net of the Claimant's Representative's fees, as set forth in paragraph (8)(a)1. above. Payment of fees to Claimant's Representatives will be made by electronic fund transfer at least twice a month.

(b) Securities.

1. The Department will liquidate all securities which can be sold as soon as practicable, unless the security cannot be sold due to market conditions.

2. If the securities have been liquidated, payment of the cash proceeds will be made in accordance with paragraph (8)(a) above.

3. Securities that cannot be sold due to market conditions will be electronically transferred to the claimant's existing brokerage, mutual fund, or other securities type account, provided the Department has the information required by the securities industry

4. Certificated securities that cannot be sold due to market conditions will be registered in the name of the claimant and mailed to the claimant's address.

5. Securities that cannot be sold, certificated or electronically transferred will not be paid. Written notice will be provided to the claimant.

(c) Tangible Personal Property.

1. If the property is valued at less than ten thousand dollars ($10,000) and can be accepted for delivery by a common carrier, the property will be shipped to the claimant at the address listed on the claim.

2. If the property is valued at ten thousand dollars ($10,000) or more, the claimant must arrange with a common carrier to pick up the property during normal business hours at the Department's office in Tallahassee, Florida. All claimant communications with the Department regarding how the property is to be delivered must be in writing. Upon request, the Department will provide the claimant with the appraised shipping value.

3. If the property is valued at ten thousand dollars ($10,000) or more, or the property cannot be accepted for delivery by a common carrier, the Department will make the property available for pickup during normal business hours at the Department's offices in Tallahassee, Florida.

a. The claimant must produce the award letter and a personal picture identification in order to pickup the property at the Department's Tallahassee address.

b. Receipt of the property must be acknowledged in writing by the person receiving the property.

c. If the property is not collected at the Department's Tallahassee office within ninety (90) days of the claim approval it may be offered for sale at the next auction and the proceeds delivered the same as cash in paragraph (8)(a), above.

Notes

Fla. Admin. Code Ann. R. 69G-20.0021

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, 717.138 FS.

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 by Florida Register Volume 48, Number 178, September 13, 2022 effective 9/29/2022, Amended by Florida Register Volume 49, Number 248, December 26, 2023 effective 1/9/2024.

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 9-29-22, 1-9-24.