reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.076 - STATED PENALTY GUIDELINES FOR VIOLATION OF SECTIONS 717.1322 AND 717.1341, F.S., BY PERSONS WHO ARE NOT REGISTRANTS

Current through Reg. 50, No. 138; July 16, 2024
(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 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. - fine of $500 to $1,000 if the act is willful or with reckless disregard
				or deliberate ignorance of the truth, $100 to $250 if the act is not willful or
				with reckless disregard or deliberate ignorance of the truth.
(b) Section
				 717.1322(1)(b),
				F.S. - fine of $500 to $2,000.
(c)
				Section  717.1322(1)(c),
				F.S. - fine of $500 to $2,000.
(d)
				Section  717.1322(1)(d),
				F.S. - fine of $250 to $750.
(e)
				Section  717.1322(1)(e),
				F.S. - fine of $250 to $750.
(f)
				Section  717.1322(1)(f),
				F.S. - fine of $500 to $1,000 if the act is willful, $100 to $250 if the act is
				not willful.
(g) Section
				 717.1322(1)(g),
				F.S. - $500 to $1,000 fine per day of non-compliance.
(h) Section
				 717.1322(1)(i),
				F.S. - fine of $250 to $750 if the act is willful, $100 to $250 if the act is
				not willful.
(i) Section
				 717.1322(1)(j),
				F.S. - fine of $500 to $1,000 if the person has committed the act for
				compensation or gain, or in the expectation of compensation or gain, a
				reprimand if the person has committed the act without the expectation of
				compensation or gain.
(j) Section
				 717.1322(1)(k),
				F.S. - fine of $500 to $1,000 fine per day of non-compliance if the act is
				willful, $100 to $250 if the act is not willful.
(k) Section
				 717.1322(1)(l),
				F.S. - fine of $1,000 to $2,000.
(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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.077 - CRIMINAL PROCEEDINGS

Current through Reg. 50, No. 138; July 16, 2024
(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 of 1 year or more under the law
				of the United States of America or of any state thereof or under the law of any
				other country, the penalty shall be revocation, if the person is registered,
				and the entry of an order prohibiting the person from being director, officer,
				agent, employee, or ultimate equitable owner of a 10% or greater interest in an
				employer of a registrant.
(b) If a
				person is not convicted of, but has been found guilty of or has pleaded guilty
				or nolo contendere to the commission of a crime punishable by imprisonment of 1
				year or more under the law of the United States of America or of any state
				thereof or under the law of any other country, which involves moral turpitude
				and is a crime involving breach of trust or dishonesty, the penalty shall be
				revocation, if the person is registered, and the entry of an order prohibiting
				the person from being director, officer, agent, employee, or ultimate equitable
				owner of a 10% or greater interest in an employer of a registrant.
(c) If a person is not convicted of, but has
				been found guilty of or has pleaded guilty or nolo contendere to, a felony or a
				crime punishable by imprisonment of 1 year or more under the laws of the United
				States of America or of any state thereof or under the law of any other
				country, which does not involve moral turpitude and is not a crime involving
				breach of trust or dishonesty, the penalty shall be a 24 month suspension, if
				the person is registered, and the entry of an order prohibiting the person from
				being director, officer, agent, employee, or ultimate equitable owner of a 10%
				percent or greater interest in an employer of a registrant for a period of 24
				months.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.078 - AGGRAVATING AND MITIGATING FACTORS

Current through Reg. 50, No. 138; July 16, 2024
(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.
(2) The variation and range of penalties
				permitted are as follows:
(a)
1. A suspension may be reduced to a fine
				equivalent to $500 to $1,000 for each month of suspension.
2. A total penalty dollar amount may be
				reduced by up to 50%.
3. A
				reduction of the penalty may be done only once for each act, transaction or
				occurrence in violation of the Florida Disposition of Unclaimed Property Act,
				chapter 717, F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.079 - TIME FOR PAYMENT OF ADMINISTRATIVE FINES AND COSTS

Current through Reg. 50, No. 138; July 16, 2024
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.
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-20.079.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69G - Division of Unclaimed Property › Chapter 69G-20 - UNCLAIMED PROPERTY › Section 69G-20.080 - MINOR VIOLATIONS

Current through Reg. 50, No. 138; July 16, 2024
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 written notification of the termination of the agency
				or employment is no more than 30 days late and a $50 fine for each successive
				30-day period up to a maximum fine of $2,000.
(2) Section
				 717.1400(5)(c),
				F.S. - reprimand if the copy of the renewed private investigator's Class "C"
				individual license under chapter 493, F.S., or a private investigator's
				employer's Class "A" business license under chapter 493, F.S., is provided to
				the Department no more than 30 days late and a $50 fine for each successive
				30-day period up to a maximum fine of $2,000.
Rulemaking Authority
					 717.138 FS. Law Implemented
					 717.1322,
					 717.1400
					 FS.
New 1-3-05, Formerly
					  69I-20.080.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-1 - STATE RISK MANAGEMENT TRUST FUND › Section 69H-1.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 284.17 FS. Law Implemented
					 284.01
					 FS.
New 7-29-72, Formerly 4-29.01, 4-29.001, Amended 6-21-01,
					 Formerly 4H-1.001, Repealed 7-18-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-1 - STATE RISK MANAGEMENT TRUST FUND › Section 69H-1.002 - Premium Assessments

Current through Reg. 50, No. 138; July 16, 2024
(1) Premium
				assessments shall be paid within thirty days from date of invoice/billing, or
				coverage may be suspended by reasonable notice.
(2) In the event budgeted funds are not
				adequate to pay all claims for the current budget year, the Division of Risk
				Management may submit an interim premium assessment to the agency during the
				fiscal year in which the deficit occurs and the additional charge will be
				payable on receipt of invoice.
(3)
				Within 30 days of notification by the Division of Risk Management, agencies and
				universities shall make annual property value updates through the Division of
				Risk Management Insurance Management System at
https://live.origamirisk.com/
.
Rulemaking Authority
					 284.17 FS. Law Implemented
					 284.01
					 FS.
New 7-29-72, Formerly 4-29.02, 4-29.002, Amended 1-7-92,
					 12-27-95, Formerly 4H-1.002, Amended
					 7-18-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-1 - STATE RISK MANAGEMENT TRUST FUND › Section 69H-1.003 - Certificate and Other Forms Adopted (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 284.17 FS. Law Implemented
					 255.03(1),
					 284.01
					 FS.
New 7-29-72, Formerly 4-29.04, 4-29.004, Amended 1-7-92,
					 10-3-94, 12-27-95, 6-21-01, Formerly 4H-1.003, Amended 7-23-06, 1-9-11,
					 Repealed 7-18-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-1 - STATE RISK MANAGEMENT TRUST FUND › Section 69H-1.004 - Renewals

Current through Reg. 50, No. 138; July 16, 2024
All coverages will be automatically renewed at the beginning
				  of each fiscal year unless otherwise notified.
Rulemaking Authority
					 284.17 FS. Law Implemented
					 284.01
					 FS.
New 7-29-72, Formerly 4-29.05, 4-29.005, Formerly
					 4H-1.004.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-1 - STATE RISK MANAGEMENT TRUST FUND › Section 69H-1.005 - Automatic Coverage and Certificate of Coverage

Current through Reg. 50, No. 138; July 16, 2024
(1) Automatic coverage will be provided on
				any acquired risk for a period of thirty days during which time formal
				application must be made on Form Dfs-d0-850, Coverge Request Form, (Effective
				09/2022), which is hereby incorporated by reference and available through the
				Division of Risk Management Insurance Management System at
https://live.origamirisk.com/
or at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15370
,
				for buildings and contents.
(2) A
				Certificate of Coverage, Form Dfs-d0-852, Certificate of Property Coverage,
				(Effective 09/2022), which is hereby incorporated by reference and available at
https://myfloridacfo.com/Division/Risk/
or
http://www.flrules.org/Gateway/reference.asp?No=Ref-15371
,
				will be issued initially upon acceptance and then annually
				thereafter.
(3) When required by
				the specific circumstances of the risk involved, Form Dfs-d0-853, Certificate
				of Rental Value Coverage, (Effective 09/2022), which is hereby incorporated by
				reference and available at
https://myfloridacfo.com/Division/Risk/
or
http://www.flrules.org/Gateway/reference.asp?No=Ref-15372
,
				will be attached and made a part of the Certificate of
				Coverage.
Rulemaking Authority
					 284.17 FS. Law Implemented
					 284.01,
					 284.04
					 FS.
New 7-29-72, Formerly 4-29.06, 4-29.006, Amended 1-7-92,
					 10-3-94, Formerly 4H-1.005, Amended
					 7-18-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-1 - STATE RISK MANAGEMENT TRUST FUND › Section 69H-1.006 - Losses

Current through Reg. 50, No. 138; July 16, 2024
The insured must notify the Fund of all losses electronically
				  through the Division of Risk Management Insurance Management System on Form
				  Dfs-d0-854, Notice of Property Loss, (Effective 09/2022), which is hereby
				  incorporated by reference and available at
https://live.origamirisk.com/
or
http://www.flrules.org/Gateway/reference.asp?No=Ref-15373
.
Rulemaking Authority
					 284.17 FS. Law Implemented
					 284.01
					 FS.
New 7-29-72, Formerly 4-29.07, 4-29.007, Amended 1-7-92,
					 Formerly 4H-1.006, Amended 7-18-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-1 - STATE RISK MANAGEMENT TRUST FUND › Section 69H-1.007 - Settlement of Losses

Current through Reg. 50, No. 138; July 16, 2024
(1) Losses are to
				be settled on an actual cash value (ACV) basis of the damaged property that has
				been replaced with property of like kind and quality; or pay the cost of
				repairing; whichever is less. Actual cash value for the building and contents
				is defined as replacement cost less depreciation.
(2) Lightning losses will require submission
				of Form Dfs-d0-855, Statement - Lightning Losses, (Effective 09/2022), which is
				hereby incorporated by reference in addition to the standard documentation for
				a claim. A copy of the form is available at
https://myfloridacfo.com/Division/Risk/
or
http://www.flrules.org/Gateway/reference.asp?No=Ref-15374
.
(3) When final settlement of a claim is
				agreed to, the claims coordinator will sign and return Form Dfs-d0-856,
				Certificate of Proof of Loss, (Effective 09/2022), which is hereby incorporated
				by reference, to the Division of Risk Management. A copy of the form is
				available at
https://myfloridacfo.com/Division/Risk
or
http://www.flrules.org/Gateway/reference.asp?No=Ref-15375
.
Rulemaking Authority
					 284.17 FS. Law Implemented
					 284.01
					 FS.
New 7-29-72, Formerly 4-29.08, Amended 5-9-91, Formerly
					 4-29.008, Amended 1-7-92, 12-27-95, 6-21-01, Formerly 4H-1.007, Amended
					 7-18-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-1 - STATE RISK MANAGEMENT TRUST FUND › Section 69H-1.008 - Building Replacement Value (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 284.17 FS. Law Implemented
					 284.01
					 FS.
New 1-7-92, Formerly 4H-1.008, Repealed
					 7-18-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-2 - STATE RISK MANAGEMENT TRUST FUND, STATE CASUALTY CLAIMS › Section 69H-2.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of these rules is to aid in the implementation of
				  chapter 284, part II and part III, F.S., relating to the State Risk Management
				  Trust Fund, State Casualty Claims and Safety Programs.
Rulemaking Authority
					 284.39 FS. Law Implemented
					 284.39
					 FS.
New 7-29-72, Formerly 4-30.01, 4-30.001, Amended 1-7-92,
					 6-28-01, Formerly 4H-2.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-2 - STATE RISK MANAGEMENT TRUST FUND, STATE CASUALTY CLAIMS › Section 69H-2.002 - Coverage Exclusion

Current through Reg. 50, No. 138; July 16, 2024
Coverage is to be excluded under the provisions of chapter
				  284, part II, F.S., should there occur a statutory or jurisdictional conflict
				  making self-insurance unfeasible.
Rulemaking Authority
					 284.39 FS. Law Implemented
					 284.31
					 FS.
New 7-29-72, Formerly 4-30.02, 4-30.002, Amended 1-7-92,
					 Formerly 4H-2.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-2 - STATE RISK MANAGEMENT TRUST FUND, STATE CASUALTY CLAIMS › Section 69H-2.003 - Premium Assessments

Current through Reg. 50, No. 138; July 16, 2024
(1) Premiums will
				be charged to insured agencies based on exposure to loss and loss experience.
				Premium invoices will be mailed to the agency on or about July 1 of each year
				and the invoice shall be paid within 30 days from the date of budget release of
				funds or coverage may be suspended after reasonable notice.
(2) In the event budgeted funds are not
				adequate to pay all claims for the current budget year, the Division of Risk
				Management (Division) may submit an interim premium assessment to the agency
				during the fiscal year in which the deficit occurs and the additional charge
				will be payable on receipt of invoice.
(3) Prior to July 1 of each budget year the
				Division will send to each insured agency a request to complete the Exposure
				Base Inquiry Survey to determine risk exposure. Insured agencies shall complete
				the Exposure Base Inquiry Survey, DFS-D0-861 (Effective 07/23), in the
				Division's Insurance Management System at
https://live.origamirisk.com/
within 30 days of notification. The Exposure Base Inquiry Survey, DFS-D0-861,
				is incorporated by reference herein, and a copy of the form is available at
https://myfloridacfo.com/Division/Risk/
or
http://www.flrules.org/Gateway/reference.asp?No=Ref-15493
.
(4) Prior to July 1 of each budget year the
				Division will send Form Dfs-d0-1401, Account Design (Effective 07/23), to each
				insured agency to determine the cost center structure for recording claims.
				Form Dfs-d0-1401 is incorporated by reference herein, and a copy of the form is
				available at
https://myfloridacfo.com/Division/Risk/
or
http://www.flrules.org/Gateway/reference.asp?No=Ref-15486
.
				Each agency shall complete the form and return it to the Division within thirty
				(30) days.
Rulemaking Authority
					 284.39 FS. Law Implemented
					 284.36
					 FS.
New 7-29-72, Formerly 4-30.03, 4-30.003, Amended 1-7-92,
					 6-28-01, Formerly 4H-2.003, Amended 12-28-06,
					 7-18-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-2 - STATE RISK MANAGEMENT TRUST FUND, STATE CASUALTY CLAIMS › Section 69H-2.006 - Notice of Settlement

Current through Reg. 50, No. 138; July 16, 2024
(1) Any notice of
				tort claim settlement which may be required to be given to the public as
				provided under Section
				 69.081(9),
				F.S., shall be provided in substantially the following format:
(STYLE OF CASE)
Plaintiff(s)
Name of Court & Location
vs.
Defendant(s)
Case Number
Name of agency
and/or Officials
NOTICE OF SETTLEMENT
Notice is hereby given that the above referenced parties have
				  entered into a settlement of the plaintiff's tort claims(s) against the
				  defendant(s), for the total amount of $________.
_________________________
Representative or Attorney for
Defendant(s)
Address
(2)
				For those claims in which the state agency is being represented by defense
				counsel, such counsel shall sign and submit the notice to the appropriate
				newspaper for publication. When no defense counsel is involved, a
				representative of the Division of Risk Management shall sign the notice. The
				notice required by section
				 69.081(9),
				F.S., shall be provided within sixty (60) days of the completion of any
				transactions necessary to finalize the settlement, such as exchange and receipt
				of documents and payments between the parties involved in the
				claim.
Rulemaking Authority
					 284.39 FS. Law Implemented
					 284.38
					 FS.
New 1-7-92, Formerly
					 4H-2.006.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-2 - STATE RISK MANAGEMENT TRUST FUND, STATE CASUALTY CLAIMS › Section 69H-2.007 - Loss Prevention Programs

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				head of each insured agency shall appoint a Safety Coordinator who shall, at
				the direction of the agency head, develop and implement a comprehensive
				departmental safety program. The appointment shall be on Form Dfs-d0-858,
				"Safety Coordinators Appointment Form," (Effective 07/23) incorporated herein
				by reference. In the event of a change in either the Safety Coordinator or the
				Alternate Safety Coordinator, the agency head shall submit an updated Form
				DFS-D0-858, Safety Coordinator Appointment Form, (Effective 07/23), with the
				name of both the new Safety Coordinator and Alternate Safety Coordinator within
				thirty (30) days of the change. A copy of the form is available at
https://myfloridacfo.com/Division/Risk/
or
http://www.flrules.org/gateway/reference.asp?no=ref-15480
.
(2) Pursuant to section
				 284.50(3),
				F.S., if an agency is required to maintain a return-to-work program, the agency
				shall review and complete the return-to-work dashboard report provided by the
				Division on a monthly basis to identify information on employees being
				accommodated with modified or alternate duty. The Division will provide the
				report to the agency no later than the 5th business day of each month. The
				completed dashboard shall be returned to the Division no later than the last
				Friday of each month.
(3) The
				appointed Safety Coordinator of each insured agency shall review and respond
				within 10 business days of receipt to each DFS-D0-1993, Claim Investigation
				Report, (Effective 07/23), incorporated herein by reference, provided by the
				Division identifying unsafe or inappropriate conditions, policies, procedures,
				trends, equipment, or actions or inactions that have led or may lead to
				accidents or claims involving the state of Florida. A copy of the form is
				available at
https://myfloridacfo.com/Division/Risk/
or
http://www.flrules.org/gateway/reference.asp?no=ref-15495
.
Rulemaking Authority
					 284.39 FS. Law Implemented
					 284.50
					 FS.
New 1-7-92, Amended 6-28-01, Formerly 4H-2.007, Amended
					 8-27-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-2 - STATE RISK MANAGEMENT TRUST FUND, STATE CASUALTY CLAIMS › Section 69H-2.008 - Other Forms Adopted

Current through Reg. 50, No. 138; July 16, 2024
(1) The following
				forms are incorporated herein by reference. These forms shall be used to aid
				the Division in the performance of its administrative duties by securing
				pertinent facts and information on claims filed against the Fund, as the
				circumstances of particular cases may require.
(a) DFS-D0-280, Release of All Claims,
				(Effective 07/23),
http://www.flrules.org/Gateway/reference.asp?No=Ref-15477
;
(b) DFS-D0-866, "Mileage Reimbursement,"
				(Effective 07/23),
http://www.flrules.org/Gateway/reference.asp?No=Ref-15484
;
(c) DFS-D0-1403, "General Liability Loss
				Report," (Effective 07/23),
http://www.flrules.org/Gateway/reference.asp?No=Ref-15487
;
(d) DFS-D0-1404, "Lien Disclosure Statement,"
				(Rev. 11/05);
(e) DFS-D0-1406,
				"Insurer's Disclosure Statement Pursuant to Section
				 627.4137, F.S.," (Rev.
				11/05);
(f) DFS-D0-1407, "Medical
				Authorization," (Rev. 2/10);
(g)
				DFS-D0-1408, Release for Property Damage Only (Effective 07/23)
http://www.flrules.org/Gateway/reference.asp?No=Ref-15488
.
(h) DFS-D0-1990, "Medicare Secondary Payer
				Reporting Questionnaire," (Effective 07/23)
http://www.flrules.org/Gateway/reference.asp?No=Ref-15489
;
(i) DFS-D0-1991, "Medicare
				Beneficiary/Eligibility Information," (Effective 07/23)
http://www.flrules.org/Gateway/reference.asp?No=Ref-15490
;
				and,
(j) DFS-D0-1992, Firefighter
				Cancer Benefit Information Form (Effective 07/23),
http://www.flrules.org/Gateway/reference.asp?No=Ref-15491
.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-2 - STATE RISK MANAGEMENT TRUST FUND, STATE CASUALTY CLAIMS › Section 69H-2.009 - Florida Motor Vehicle No-Fault Forms

Current through Reg. 50, No. 138; July 16, 2024
(1) The following forms are incorporated
				herein by reference. These forms shall be used to aid the Division in the
				performance of its administrative duties by securing pertinent facts and
				information on Florida Motor Vehicle No-Fault claims filed against the Fund, as
				the circumstances may require:
(a)
				DFS-D0-281, "Claim for 'No-Fault' Benefits," (Effective 07/23),
http://www.flrules.org/Gateway/reference.asp?No=Ref-15478
.
(b) DFS-D0-283, "Wage and Salary
				Verification," (Effective 07/23),
http://www.flrules.org/Gateway/reference.asp?No=Ref-15479
.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-2 - STATE RISK MANAGEMENT TRUST FUND, STATE CASUALTY CLAIMS › Section 69H-2.010 - Property Damage Coverage for State-Owned Vehicles

Current through Reg. 50, No. 138; July 16, 2024
(1) The following definitions shall apply to
				the property damage coverage established in this rule:
(a) "Accidental loss" - A loss that is
				unintended by a law enforcement officer covered by this rule.
(b) "Actual cash value" - Replacement cost
				minus depreciation.
(c) "At fault"
				- A law enforcement officer shall be deemed "at fault" if the "contributing
				cause" code on a Florida Traffic Crash Report, Long Form, is anything other
				than code "01," no improper driving action.
(d) "Motor vehicle" - Any self-propelled
				vehicle with two or more wheels, which is of a type both designed and required
				to be licensed for use on the highways of this state and any trailer or semi
				trailer designed for use with such vehicle. The term includes a "private
				passenger motor vehicle," which is any motor vehicle which is a sedan, station
				wagon, or jeep-type vehicle and, if not used primarily for occupational,
				professional or business purposes, a motor vehicle of the pickup, panel, van,
				camper, or motor home type. The term also includes a "commercial motor
				vehicle," which is any motor vehicle that is not a private passenger motor
				vehicle. The term does not include a mobile home or any motor vehicle which is
				used in mass transit, other than public school transportation, and designed to
				transport more than five passengers exclusive of the operator of the motor
				vehicle and which is owned by a municipality, a transit authority, or a
				political subdivision of the State.
(e) "Property damage" - Physical damage to
				the covered motor vehicle due to collision or impact with another vehicle or
				object or due to other accidental loss.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-3 - FLORIDA ART AND ARTIFACTS INDEMNITY PROGRAM › Section 69H-3.001 - Purpose and Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 265.53(2),
					 265.55(1) FS.
					 Law Implemented 265.53(2),
					 265.55(1)
					 FS.
New 8-11-83, Formerly 4-55.01, 4-55.001, 4H-3.001, Repealed
					 11-13-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-3 - FLORIDA ART AND ARTIFACTS INDEMNITY PROGRAM › Section 69H-3.002 - Qualification Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 265.53(2) FS.
					 Law Implemented 265.53(2)
					 FS.
New 8-11-83, Formerly 4-55.02, 4-55.002, Formerly 4H-3.002,
					 Repealed 11-13-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-3 - FLORIDA ART AND ARTIFACTS INDEMNITY PROGRAM › Section 69H-3.003 - Physical Security of Exhibition Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 265.53(2) FS.
					 Law Implemented 265.53(2)(a)
					 FS.
New 8-11-83, Formerly 4-55.03, 4-55.003, 4H-3.003, Repealed
					 11-13-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-3 - FLORIDA ART AND ARTIFACTS INDEMNITY PROGRAM › Section 69H-3.004 - Transportation of Eligible Items (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 265.53(2) FS.
					 Law Implemented 265.53(2)(a)
					 FS.
New 8-11-83, Formerly 4-55.04, 4-55.004, 4H-3.004, Repealed
					 11-13-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-3 - FLORIDA ART AND ARTIFACTS INDEMNITY PROGRAM › Section 69H-3.005 - Qualification of Applicant's Staff (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 265.53(2) FS.
					 Law Implemented 265.53(2)(b)
					 FS.
New 8-11-83, Formerly 4-55.05, 4-55.005, Formerly 4H-3.005,
					 Repealed 11-13-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-3 - FLORIDA ART AND ARTIFACTS INDEMNITY PROGRAM › Section 69H-3.006 - Eligibility for Commercial Insurance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 265.53(2) FS.
					 Law Implemented 265.53(2)(c)
					 FS.
New 8-11-83, Formerly 4-55.06, 4-55.006, 4H-3.006, Repealed
					 11-13-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-3 - FLORIDA ART AND ARTIFACTS INDEMNITY PROGRAM › Section 69H-3.007 - Environmental Control (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 265.53(2) FS.
					 Law Implemented 265.53(2)(d)
					 FS.
New 8-11-83, Formerly 4-55.07, 4-55.007, 4H-3.007, Repealed
					 11-13-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-3 - FLORIDA ART AND ARTIFACTS INDEMNITY PROGRAM › Section 69H-3.008 - Loss Adjustment (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 265.55(1) FS.
					 Law Implemented 265.54(3),
					 265.55(1)
					 FS.
New 8-11-83, Formerly 4-55.08, 4-55.008, 4H-3.008, Repealed
					 11-13-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69H - Division of Risk Management › Chapter 69H-3 - FLORIDA ART AND ARTIFACTS INDEMNITY PROGRAM › Section 69H-3.009 - Arbitration and Appraisal (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 265.55(1) FS.
					 Law Implemented 265.55(1)
					 FS.
New 8-11-83, Formerly 4-55.09, 4-55.009, 4H-3.009, Repealed
					 11-13-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69I - Division of Accounting and Auditing › Chapter 69I-3 - CONSOLIDATED EQUIPMENT FINANCING PROGRAM › Section 69I-3.002 - Interest Rate Limitations on Master Equipment Financing Agreements

Current through Reg. 50, No. 138; July 16, 2024
The maximum interest rate limitation specified in sections
				   287.063 and
				   287.064, F.S., does not apply
				  when the payment obligation under a master equipment financing agreement is, or
				  fractional interests in such payment obligations are, rated A or better, MIG3
				  or better and VMIG3 or better by either Moody's Investors Services, Inc., or
				  Standard and Poor's Corporation.
Rulemaking Authority
					 17.29,
					  287.063 (2)(b),
					  287.064(1)(c) 
					 FS. Law Implemented 287.063,
					 287.064(1)(c)
					 FS.
New 9-10-86, Amended 12-20-94, Formerly
					 3A-3.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69I - Division of Accounting and Auditing › Chapter 69I-3 - CONSOLIDATED EQUIPMENT FINANCING PROGRAM › Section 69I-3.003 - Procedure for Negotiation and Execution of Master Equipment Financing Agreements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 17.29,
					  287.063 (2)(b),
					 287.064(8) FS.
					 Law Implemented 287.063,
					  287.064 FS.
New 3-20-90, Amended 12-20-94, 5-29-95, Formerly 3A-3.003,
					 Repealed 5-4-10.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69I - Division of Accounting and Auditing › Chapter 69I-3 - CONSOLIDATED EQUIPMENT FINANCING PROGRAM › Section 69I-3.004 - Deferred Payment Commodity Contracting

Current through Reg. 50, No. 138; July 16, 2024
(1) For the purposes of this rule, the
				following definitions shall be used:
(a)
				"Agency", for purposes of this rule, means each department, agency, board and
				commission in the executive branch, and the judicial branch of Florida
				government. The legislative branch of Florida government is expressly exempt
				from this rule, pursuant to section
				 287.063(3),
				F.S.
(b) "Chief Financial Officer"
				means the the head of the Department of Financial Services, whose deferred
				payment commodity contracting duties are carried out by and through its
				Division of Accounting and Auditing. However, the Chief Financial Officer's
				duty to execute the master equipment financing agreements is not delegated to
				the Division.
(c) "Financing
				Agreement" means the proposed financing agreement associated with deferred
				payment purchases for which exemption from using the Consolidated Equipment
				Financing Program is sought.
(d)
				"Program" means the Consolidated Equipment Financing Program, which shall
				consist of the program of financing the deferred payment purchases of equipment
				on behalf of the State or State Agencies pursuant to section
				 287.064,
				F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69I - Division of Accounting and Auditing › Chapter 69I-5 - STATE FINANCIAL ASSISTANCE › Section 69I-5.001 - Applicability

Current through Reg. 50, No. 138; July 16, 2024
These rules apply to state agencies, as defined in section
				   216.011(1)(qq),
				  F.S., and to recipients, subrecipients, and independent auditors regarding the
				  requirements of the Florida Single Audit Act for the award and audit of state
				  financial assistance. The requirements of  2 CFR Part 200, Uniform
				  Administrative Requirements, Cost Principles, and Audit Requirements for
				  Federal Awards, including Subpart F - Audit Requirements, 2018 Edition, and its
				  related Appendix XI, Compliance Supplement, April 2017 together with the April
				  2018 updates, are hereby incorporated by reference in this rule and can be
				  accessed via
https://www.flrules.org/Gateway/reference.asp?No=Ref-10154
,
https://www.flrules.org/Gateway/reference.asp?No=Ref-10153
,
https://www.flrules.org/Gateway/reference.asp?No=Ref-10152
,
				  or the Department's website at
https://apps.fldfs.com/fsaa/
.
Rulemaking Authority
					 215.97(4) FS.
					 Law Implemented 215.97
					 FS.
New 2-5-01, Formerly 3A-5.001, Amended
					 1-7-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69I - Division of Accounting and Auditing › Chapter 69I-5 - STATE FINANCIAL ASSISTANCE › Section 69I-5.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 215.97(4) FS.
					 Law Implemented 215.97
					 FS.
New 2-5-01, Formerly 3A-5.002, Repealed
					 2-28-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69I - Division of Accounting and Auditing › Chapter 69I-5 - STATE FINANCIAL ASSISTANCE › Section 69I-5.003 - Schedule of Expenditures of State Financial Assistance

Current through Reg. 50, No. 138; July 16, 2024
A nonstate entity that receives or expends state financial
				  assistance must, for the period covered by the entity's financial statements,
				  prepare a Schedule of Expenditures of State Financial Assistance. If a nonstate
				  entity also expends federal awards, the entity may, after considering federal
				  presentation requirements, present the expenditures of state financial
				  assistance and federal awards on combined or separate schedules. At a minimum,
				  the Schedule of Expenditures of State Financial Assistance must:
(1) List individual state projects by state
				agency, including identifying contract or grant number.
(2) For state financial assistance received
				as a subrecipient, list the name of the pass-through entity and the identifying
				contract or grant number assigned by the pass-through entity.
(3) Provide the total state financial
				assistance expended for each individual state project and the Catalog of State
				Financial Assistance (CSFA) number.
(4) Provide the total state financial
				assistance transferred to subrecipients for each state project.
(5) Include as expenditures in the schedule,
				the value of state financial assistance expended in the form of non-cash
				assistance. The value of state non-cash assistance will be established in
				accordance with paragraph
				 69I-5.004(2)(c),
				F.A.C.
(6) Include notes that
				describe the significant accounting policies used in preparing the
				schedule.
Rulemaking Authority
					 215.97(4) FS.
					 Law Implemented 215.97
					 FS.
New 2-5-01, Formerly 3A-5.003, Amended 11-1-05,
					 2-25-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69I - Division of Accounting and Auditing › Chapter 69I-5 - STATE FINANCIAL ASSISTANCE › Section 69I-5.004 - Types of State Financial Assistance

Current through Reg. 50, No. 138; July 16, 2024
(1) State financial assistance is state
				resources provided to nonstate entities to carry out a state project. It does
				not include federal financial assistance and state matching provided by state
				agencies for federal programs. State financial assistance must be categorized
				by the following classes or types of financial assistance:
(a) Cooperative Agreements - Financial
				assistance transferred pursuant to written agreements between state agencies
				and recipients to carry out a public purpose. Cooperative agreements generally
				assume a substantial involvement between state agencies and recipients when
				carrying out the activities contemplated in the agreements.
(b) Direct Appropriations - Financial
				assistance appropriated to state agencies to be provided directly to specified
				nonstate entities per legislative proviso to encourage or subsidize particular
				activities.
(c) Food Commodities -
				Financial assistance which provides for the sale or donation of food.
(d) Grants - Financial assistance transferred
				pursuant to written agreements between state agencies and recipients to carry
				out a public purpose. Generally, a substantial involvement is not expected
				between state agencies and recipients when carrying out the activities
				contemplated in the agreements.
(e)
				Insurance - Financial assistance provided to assure reimbursement for losses
				sustained under specified conditions.
(f) Investments - Financial assistance
				provided for investment in the development of particular activities or
				enterprises.
(g) Loans - Financial
				assistance provided through the lending of state monies for a specific period
				of time, with a reasonable expectation of repayment. Such loans may or may not
				require the payment of interest.
(h) Loan Guarantees - Financial assistance
				provided in which the state agency makes an arrangement to indemnify a lender
				against part or all of any defaults by those responsible for repayment of
				loans.
(i) Property - Financial
				assistance provided for the sale, exchange, or donation of state real property,
				personal property, commodities, and other goods including land, buildings, and
				equipment.
(j) Tax Credits -
				Financial assistance provided in the form of credits of state taxes for a
				public purpose authorized by state law.
(k) Tax Refunds - Financial assistance
				provided in the form of refunds of state taxes for a public purpose authorized
				by state law.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69I - Division of Accounting and Auditing › Chapter 69I-5 - STATE FINANCIAL ASSISTANCE › Section 69I-5.005 - State Project Determination

Current through Reg. 50, No. 138; July 16, 2024
(1)
				State awarding agencies must use Form DFS-A2-PD, Florida Single Audit Act State
				Project Determination Checklist (Rev. 11/18), to evaluate the applicability of
				the Florida Single Audit Act to a state program for inclusion in the CSFA. The
				CSFA provides a compendium of state project information, and can be accessed
				via the Department's website at
https://apps.fldfs.com/fsaa/catalog.aspx
.
(2) State awarding agencies must submit the
				completed Form DFS-A2-PD to the Department of Financial Services, Bureau of
				Auditing, 200 East Gaines Street, Tallahassee, Florida 32399-0355. If the state
				program has been determined to be a state project, the state agency must also
				request a CSFA number by completing and submitting to the Department Form
				DFS-A2-AR, Agency Request Form for New CSFA Project Number (Rev.
				11/18).
(3) The Department will
				evaluate the request for a CSFA number. If the request is approved, the
				Department will add the state project to the CSFA.
(4) State awarding agencies must annually
				certify the accuracy and completeness of their state projects included in the
				CSFA by completing and submitting Form DFS-A2-AC, Catalog of State Financial
				Assistance Agency Certification (Rev. 11/18) to the Department.
(5) Copies of Forms DFS-A2-PD, DFS-A2-AR, and
				DFS-A2-AC, which are hereby incorporated by reference, can be obtained at
http://www.flrules.org/Gateway/reference.asp?No=Ref-09997
,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09993
,
				and
http://www.flrules.org/Gateway/reference.asp?No=Ref-09992
respectively, or the Department's website at
http://www.myfloridacfo.com/Division/AA/Forms/default.htm
.
Rulemaking Authority
					 215.97(4) FS.
					 Law Implemented 215.97
					 FS.
New 11-1-05, Amended
					 1-7-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69I - Division of Accounting and Auditing › Chapter 69I-5 - STATE FINANCIAL ASSISTANCE › Section 69I-5.006 - Recipient, Subrecipient, and Vendor Determinations

Current through Reg. 50, No. 138; July 16, 2024
(1) State awards expended by a recipient or
				subrecipient are subject to audit under section
				 215.97, F.S., the "Florida
				Single Audit Act." Procurement contracts used to buy goods and services from
				vendors are outside the scope of the Act.
(2) Form DFS-A2-NS, Florida Single Audit Act
				Checklist for Nonstate Organizations - Recipient/Subrecipient vs. Vendor
				Determination (Rev. 11/18) must be used to determine the applicability of the
				Florida Single Audit Act to nonstate organizations. State agencies, recipients,
				and subrecipients that provide state financial assistance to nonstate
				organizations must complete Form DFS-A2-NS prior to execution of the applicable
				award document (e.g., contract, grant, agreement) and retain it in their
				records.
(3) Whenever a nonstate
				organization is determined to be a recipient or subrecipient of state or
				federal financial assistance, the applicable audit requirements referenced in
				Form DFS-A2-CL, Audit Requirements for Awards of State and Federal Financial
				Assistance (Rev. 11/18), must be included in the document that establishes the
				state's, recipient's, or subrecipient's relationship with the nonstate
				entity.
(4) Copies of Forms
				DFS-A2-NS and DFS-A2-CL, hereby incorporated by reference in this rule, may be
				obtained at
http://www.flrules.org/Gateway/reference.asp?No=Ref-09996
,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09994
,
				respectively, or via the Department's website at
http://www.myfloridacfo.com/Division/AA/Forms/default.htm
.
Rulemaking Authority
					 215.97(4) FS.
					 Law Implemented 215.97
					 FS.
New 11-1-05, Amended
					 1-7-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69I - Division of Accounting and Auditing › Chapter 69I-5 - STATE FINANCIAL ASSISTANCE › Section 69I-5.007 - State Projects Compliance Supplement

Current through Reg. 50, No. 138; July 16, 2024
(1) State awarding agencies, in consultation
				with the Department, must evaluate their state projects for inclusion in the
				State Projects Compliance Supplement. The State Projects Compliance Supplement,
				Parts Three and Five (December 2014), hereby incorporated by reference in this
				rule, can be accessed via
http://www.flrules.org/Gateway/reference.asp?No=Ref-10136
or the Department's website at
https://apps.fldfs.com/fsaa/compliance.aspx
.
(2) State awarding agencies must complete and
				submit to the Department Form DFS-A2-CS, Agency Reporting Form for the State
				Projects Compliance Supplement (Rev. 11/18), for each state project to be
				included in the State Projects Compliance Supplement.
(3) A copy of Form DFS-A2-CS, hereby
				incorporated by reference, may be obtained at
http://www.flrules.org/Gateway/reference.asp?No=Ref-09995
,
				or via the Department's website at
http://www.myfloridacfo.com/Division/AA/Forms/default.htm
.
Rulemaking Authority
					 215.97(4) FS.
					 Law Implemented 215.97
					 FS.
New 11-1-05, Amended
					 1-7-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69I - Division of Accounting and Auditing › Chapter 69I-5 - STATE FINANCIAL ASSISTANCE › Section 69I-5.008 - Criteria for Identifying Major State Projects

Current through Reg. 50, No. 138; July 16, 2024
(1) The independent auditor must use a
				risk-based approach to determine which state projects are major state projects.
				This risk-based approach must include consideration of the amount of state
				project expenditures and the inherent risk of the state project. The process as
				determined in accordance with section
				 215.97(2)(a),
				F.S., and enumerated in subsections (2) through (6) below must be
				followed.
(2) The independent
				auditor must identify the larger state projects as Type A Projects according to
				the following criteria:
(a) For auditees with
				expenditures of state awards between $750,000 and $2,500,000, Type A Projects
				are defined as the larger of $300,000 or thirty percent (30%) of total state
				awards expended.
(b) For auditees
				with expenditures of state awards exceeding $2,500,000, Type A Projects are
				defined as the larger of $750,000 or three percent (3%) of total state awards
				expended.