Florida Administrative Code

The purpose of this rule chapter is to implement the provisions of Section 626.9891, F.S., establishing guidelines and reporting requirements for insurer anti-fraud investigative units and anti-fraud plans. Rulemaking Authority 624.308, 626.9891(10) FS. Law Implemented 624.307, 6…

For the purposes of this chapter: (1) "Anti-fraud investigative unit" means the designated anti-fraud unit or division, or contractor authorized under Section 626.9891(2)(a)2., F.S. (2) "Commission" means the Financial Services Commission. (3) "Designated anti-fraud unit or divis…

(1) An insurer subject to Section 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…

Rulemaking Authority 624.308, 626.9891 FS. Law Implemented 624.307, 626.9891(2), (3) FS. History-New 10-5-06, Repealed 5-28-18.

(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…

Rulemaking Authority 626.9895(5)(c) FS. Law Implemented 626.9895 FS. History-New 11-26-13, Repealed 9-14-16.

Rulemaking Authority 626.9895(5)(c) FS. Law Implemented 626.9895 FS. History-New 11-26-13, Repealed 9-14-16.

Rulemaking Authority 626.9895(5)(c) FS. Law Implemented 626.9895 FS. History-New 11-26-13, Repealed 9-14-16.

(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 t…

(1) Evidence will be accepted from public law enforcement agencies and fire service agencies in matters related to criminal investigations. Other evidence is permitted to be accepted from other public agencies in special circumstances, but must be approved by the Bureau Chief. Th…

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. History-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, Repe…

Rulemaking Authority 17.29, 624.308 FS. Law Implemented 119.021, 120.53, 120.533, 624.501 FS. History-New 6-4-92, Amended 3-1-93, 9-19-94, Formerly 4-121.010, Amended 11-22-12, Repealed 8-16-17.

Rulemaking Authority 215.405 FS. Law Implemented 215.405, 624.307(1), 624.34, 624.501, 626.171(5) FS. History-New 10-25-88, Formerly 4-38.055, Amended 9-19-94, Formerly 4-121.087, Repealed 11-22-12.

Rulemaking Authority 386.205(6) FS. Law Implemented 386.205 FS. History-New 4-22-92, Formerly 4E-3.001, Repealed 1-29-12.

Rulemaking Authority 386.205(6) FS. Law Implemented 386.205 FS. History-New 4-22-92, Formerly 4E-3.002, Repealed 1-29-12.

Rulemaking Authority 386.205(6) FS. Law Implemented 386.205 FS. History-New 4-22-92, Formerly 4E-3.003, Repealed 1-29-12.

Rulemaking Authority 386.205(6) FS. Law Implemented 386.205 FS. History-New 4-22-92, Formerly 4E-3.004, Repealed 1-29-12.

Rulemaking Authority 386.205(6) FS. Law Implemented 386.205 FS. History-New 4-22-92, Formerly 4E-3.005, Repealed 1-29-12.

Rulemaking Authority 386.205(6) FS. Law Implemented 386.205 FS. History-New 4-22-92, Formerly 4E-3.006, Repealed 1-29-12.

Rulemaking Authority 386.205(6) FS. Law Implemented 386.205, 386.208 FS. History-New 4-22-92, Formerly 4E-3.007, Repealed 1-29-12.

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 an…

Rulemaking Authority 717.138 FS. Law Implemented 717.135, 717.1351 FS. History-New 4-27-09, Formerly 69I-20.0011, Repealed 1-1-24.

(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…

(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. (2)(a) All persons claiming an interest in unclaimed property in the possessio…

(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…

(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…

Rulemaking Authority 717.138 FS. Law Implemented 717.124, 717.126 FS. History-New 11-6-96, Formerly 3D-20.0025, 69I-20.0025, Repealed 1-8-20.

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 an…

(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 unclai…

(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 mo…

(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 ap…

(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) Pre…

As used in this rule chapter. (1) The definitions provided in Section 717.101, F.S., shall also apply to this rule chapter. (2) "Service charge" and "maintenance charge" means all documented charges that are incurred by a banking or financial organization with regard to the handl…

(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 subje…

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 refere…

(1) All property presumed unclaimed under Section 717.116, F.S., shall be delivered to the Department pursuant to Section 717.119, F.S. The delivery of the property, through the U.S. Mail or other carrier, shall be insured at an amount equal to the estimated value of the property…

(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 Flo…

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 inactiv…

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 repo…

(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 outsid…

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, …

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 Disposi…

(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 coun…

(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 admi…

(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 se…

(1) If it is found that a person, who is not a registrant when the act was committed, 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 t…

(1) If a person is found to have committed criminal conduct in the course of such person's business, in violation of Section 717.1322(1)(h), F.S., the following stated penalty shall apply: (a) If a person is convicted by a court for committing a crime punishable by imprisonment o…

(1) It is the Florida Legislature's intent that minor violations be distinguished from serious violations. A specific finding of mitigating or aggravating circumstances shall allow the Department to impose a penalty other than that provided for in the stated penalty guidelines. (…

In disciplinary cases where the Department has imposed an administrative fine for violation of Florida Disposition of Unclaimed Property Act, Chapter 717, F.S., the fine shall be paid within 30 days of the filing date of the final order unless otherwise directed by the Department…

Pursuant to Section 717.1322, F.S., the Department sets forth below those minor violations for which there is no substantial threat to the public health, safety, and welfare. Next to each violation is the fine to be imposed. (1) Section 717.1400(5)(a), F.S. - reprimand if the wri…