Proof of Ownership and Entitlement to Unclaimed Property.
(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. Accordingly, in addition to the requirement specified in Rule 69I-20.0021, F.A.C., persons making a claim to unclaimed property shall comply with the provisions of this rule, as specified below.
(2) (a) Any and all persons claiming an interest in unclaimed property in the possession of the Department shall file with the Department a copy of a valid driver’s license of the claimant at the time the original claim form is filed. If the claimant has not been issued a valid driver’s license at the time the original claim form is filed, the Department shall be provided with a legible copy of a photographic identification of the claimant issued by the United States or a foreign nation, a state or territory of the United States or foreign nation, or a political subdivision or agency thereof. In lieu of filing a copy of a government issued photographic identification of the claimant with the claim, the claimant or the Claimant’s Representative may file Form DFS-A4-2007, Notarized Sworn Statement of the Claimant, which has been accurately completed in full, executed by the claimant and the notary. This form is incorporated by reference effective 10-13-10 and available from the Florida Department of Financial Services, Bureau of Unclaimed Property, 200 East Gaines Street, Tallahassee, Florida 32399-0358. The notarized sworn statement must accurately affirm the claimant’s identity and state the claimant’s address. This subsection shall not apply to any person who is acting as a Claimant’s Representative.
(b) In the event that a claimant has not been issued any type of valid photographic identification issued by the United States or a foreign nation, a state or territory of the United States or foreign nation, or a political subdivision or agency thereof, a claimant or Claimant’s Representative may file Form DFS-A4-1944, Affidavit Attesting to Claimant’s Identity, and a buyer may file Form DFS-A4-1945, Affidavit Attesting to Seller’s Identity, which must be accurately completed in full, executed by the affiants and the notary. Forms DFS-A4-1944 and DFS-A4-1945 are incorporated by reference effective 10-13-10 and available from the Florida Department of Financial Services, Bureau of Unclaimed Property, 200 East Gaines Street, Tallahassee, Florida 32399-
Last Revised 10-13-2010 6 0358. Forms DFS-A4-1944 and DFS-A4-1945 must accurately affirm the claimant’s identity and state the address of the claimant or the seller, whichever is applicable. Affiants must have personal knowledge of the claimant or seller. “Personal knowledge” means that the affiant is familiar with the circumstances of the claimant or seller, personally knows and has personally observed the claimant or seller, and has experience in dealing with claimant or seller on a daily basis or is a family member.
