reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-250 - MEDIATORS › Section 69B-250.002 - Qualifications of Mediators

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				applicant for approval to participate as a mediator in the property insurance
				claim mediation program pursuant to Section
				 627.7015, F.S., or the motor
				vehicle insurance claim mediation program pursuant to Section
				 627.745, F.S., must submit a
				completed Form DFS-H2-591,
http://www.flrules.org/Gateway/reference.asp?No=Ref-08550
,
				Mediator Application, rev. 03/17, to the Department of Financial Services,
				Bureau of Licensing, 200 E. Gaines Street, Tallahassee, FL 32399-0319. The
				Mediator Application (Rev. 03/17) is hereby incorporated by reference, and can
				be obtained at the following website:
http://www.myfloridacfo.com/Division/Agents/Licensure/Forms/documents/DFS-H2-591.pdf
.
(2) An applicant for approval as a mediator
				must meet one of the following requirements:
(a) Possess an active certification as a
				Florida Supreme Court certified circuit court mediator, or
(b) Was approved as a Department mediator as
				of July 1, 2014, and conducted at least one mediation on behalf of the
				Department during the period of June 30, 2010, through July 1,
				2014.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-250 - MEDIATORS › Section 69B-250.003 - Penalties for Violation of Section 627.745, F.S

Current through Reg. 50, No. 138; July 16, 2024
(1) An application for approval as a mediator
				shall be denied by the Department if any of the grounds set forth in Sections
				 627.745(4)(a) through
				(e), F.S., exist.
(2) If an approved mediator has violated any
				of the following provisions of Section
				 627.745(4),
				F.S., the following penalty shall apply:
(a)
				Section  627.745(4)(a),
				F.S. - suspension of approval for 6 months.
(b) Section
				 627.745(4)(b),
				F.S. -
1. Suspension of approval for 12
				months if the application would have been granted, if accurate, based on the
				statutes and Department rules applicable to the application and the
				documentation in the applicant's file at the time the Department issued the
				approval, or
2. Revocation of
				approval if the application would have been denied, if accurate, based on the
				statutes and Department rules applicable to the application at the time the
				Department issued the approval.
(b) Section
				 627.745(4)(c),
				F.S. - suspension of approval for 12 months.
(c) Section
				 627.745(4)(d),
				F.S. - revocation of approval.
(d)
				Section  627.745(4)(e),
				F.S. - revocation of approval.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-251 - NEUTRAL EVALUATORS › Section 69B-251.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule chapter is to establish the
				  qualifications for obtaining certification as a neutral evaluator, specify
				  grounds for the denial of applications, and specify grounds for the suspension
				  or revocation of the certification of a neutral evaluator.
Rulemaking Authority
					 627.7074(18)
					 FS. Law Implemented 627.706(2),
					 627.7074
					 FS.
New 9-14-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-251 - NEUTRAL EVALUATORS › Section 69B-251.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
When used in this rule chapter, the following terms are
				  defined as follows:
(1) "Applicant"
				means an individual who submits an application for certification as a neutral
				evaluator.
(2) "Certification"
				means the Department approval of an individual who meets the requirements for a
				neutral evaluator under Sections
				 627.706(2)  and
				 627.7074(7),
				F.S.
Rulemaking Authority
					 627.7074(18)
					 FS. Law Implemented 627.706(2),
					 627.7074
					 FS.
New 9-14-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-251 - NEUTRAL EVALUATORS › Section 69B-251.003 - Qualifications for Certification as a Neutral Evaluator

Current through Reg. 50, No. 138; July 16, 2024
(1) An applicant seeking certification as a
				neutral evaluator shall apply to the Department using Form Number DFS-H2-1783,
http://www.flrules.org/Gateway/reference.asp?No=Ref-08557
,
				Neutral Evaluator Application, (Revised 03/2017), which is hereby incorporated
				by reference. The form can be obtained from the Department on the following
				website:
http://www.myfloridacfo.com/Division/Agents/Licensure/Forms/docs/DFS-H2-1783.pdf
.
				The completed form shall be mailed to the Department of Financial Services,
				Bureau of Licensing, 200 East Gaines Street, Tallahassee FL
				32399-0319.
(2) An application for
				certification as a neutral evaluator shall be granted if the applicant meets
				the following eligibility requirements of Section
				 627.706(2),
				F.S.:
(a)
1. Is an engineer licensed under Chapter 471,
				F.S., who has experience and expertise in the identification of sinkhole
				activity as well as other potential causes of structural damage, or
2. Is a professional geologist licensed under
				Chapter 492, F.S., who has experience and expertise in the identification of
				sinkhole activity as well as other potential geologic causes of structural
				damage,
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-251 - NEUTRAL EVALUATORS › Section 69B-251.020 - Penalties for Violations of Section 627.7074, F.S

Current through Reg. 50, No. 138; July 16, 2024
(1) An application for certification as a
				neutral evaluator shall be denied by the Department if any of the grounds set
				forth in Sections  627.7074  (7)(b)1. through 5.,
				F.S., exist.
(2) If a certified
				neutral evaluator has violated the following provisions of Section 627.7074,
				F.S., the following stated penalty shall apply:
(a) Failure to voluntarily withdraw from an
				evaluation due to the existence of any of the grounds set forth in Section
				 627.7074(7)(a),
				F.S. - revocation.
(b) Section
				627.7074(7)(b)1., F.S.:
1. Suspension of 12
				months if, had the application been accurate, the application would have been
				granted, based on the statutes and Department rules applicable to the
				application at the time the Department issued the certification and the
				documentation in the applicant's file at the time the Department issued the
				certification, or
2. Revocation if,
				had the application been accurate, the application would have been denied,
				based on the statutes and Department rules applicable to the application at the
				time the Department issued the certification.
(c) Section 627.7074(7)(b)2., F.S. -
				revocation.
(d) Section
				627.7074(7)(b)3., F.S. - suspension of 12 months.
(e) Section 627.7074(7)(b)4., F.S. -
				revocation.
(f) Section
				627.7074(7)(b)5., F.S. - revocation.
(g) Failure to adhere to the requirements of
				Section  627.7074(7)(d),
				F.S. - suspension of 6 months.
(h)
				Failure to submit the report as required in Section
				 627.7074(12),
				F.S. - suspension of 6 months.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-1 - APPROVAL AND ADMINISTRATION OF CLEARING ACCOUNTS OUTSIDE THE STATE TREASURY › Section 69C-1.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of these rules is to establish procedures for the
				  approval and administration of clearing accounts maintained in qualified public
				  depositories outside the State Treasury.
Rulemaking Authority
					 17.29 FS. Law Implemented
					 17.58,
					 17.65
					 FS.
New 3-18-80, Formerly 4C-1.01, Amended 6-19-89, Formerly
					 4C-1.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-1 - APPROVAL AND ADMINISTRATION OF CLEARING ACCOUNTS OUTSIDE THE STATE TREASURY › Section 69C-1.002 - Scope

Current through Reg. 50, No. 138; July 16, 2024
These rules establish procedures for the approval of new
				  clearing accounts and continuation of existing clearing accounts. These rules
				  also establish guidelines for the methods and frequency of transmitting moneys
				  to the State Treasury for such clearing accounts.
Rulemaking Authority
					 17.29 FS. Law Implemented
					 17.58,
					 17.65
					 FS.
New 3-18-80, Formerly 4C-1.02,
					 4C-1.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-1 - APPROVAL AND ADMINISTRATION OF CLEARING ACCOUNTS OUTSIDE THE STATE TREASURY › Section 69C-1.003 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of these rules, the following terms are
				  defined as follows:
(1) Clearing
				Account. A "clearing account" is a demand deposit account outside the State
				Treasury in a qualified public depository which is established under authority
				of the Chief Financial Officer and controlled by a state agency, board, bureau,
				commission, institution or department as a means of forwarding funds to the
				State Treasury, distributing funds to a statutorily authorized account outside
				the State Treasury, refunding, or transmitting funds to the Department of
				Revenue.
(2) Demand Deposit
				Account. A "demand deposit account" is an account in a qualified public
				depository which can be drawn upon on demand.
(3) State Treasury. The "State Treasury" is
				that office, under the Chief Financial Officer, which maintains the funds of
				the State of Florida and makes payment on warrants and orders of disbursement
				properly drawn on state funds. For the purpose of the depositing of funds, the
				physical location of the State Treasury is considered to include those
				qualified public depositories in which it maintains a demand deposit account.
				(It is hereby provided, however, that such definition of "State Treasury" shall
				not be construed as limiting or conflicting with the meaning of the said term
				within the context of its use in chapter 17, F.S., or any other of the laws of
				the State of Florida.)
(4) Wire
				Transfer. A "wire transfer" is a transfer of funds by wire services to a demand
				deposit account from a clearing account or any other means of delivering on a
				same day availability basis.
(5)
				Compensating Balance. A "compensating balance" is that portion of the receipts
				required to remain in the clearing account for use by the qualified public
				depository to offset the costs of handling state funds.
(6) Treasury Concentration Account. The
				"Treasury Concentration Account" is the account or system of accounts
				established and administered by the State Treasury for receiving revenues
				collected by state agencies statewide.
(7) Account Analysis. An "account analysis"
				provided by the qualified public depository. It should contain the following
				data elements:
Daily Average Balance
Less Uncollected Funds
Daily Average Collected Balance
Required Reserves
Average Available Balance
Earnings on Average Available Balances
Earnings Rate
Charges for Account Activity:
Unit Price
Volume
Cost for Period Total Charges
Net Profit (or Loss) on Account Equals
Earnings Minus Total Charges
(8)
				Qualified Public Depository. A "qualified public depository" shall mean the
				qualified public depository as defined in section
				 280.02,
				F.S.
Rulemaking Authority
					 17.29 FS. Law Implemented
					 17.58,
					 17.65
					 FS.
New 3-18-80, Formerly 4C-1.03, Amended 6-19-89, Formerly
					 4C-1.003.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-1 - APPROVAL AND ADMINISTRATION OF CLEARING ACCOUNTS OUTSIDE THE STATE TREASURY › Section 69C-1.004 - Approval of Clearing Accounts

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				agency, board, bureau, commission, institution or department desiring to
				establish a clearing account must forward a letter to the Chief Financial
				Officer requesting approval thereof and containing at least the following
				information:
(a) A brief descriptive name and
				purpose for the proposed account.
(b) An estimate of the total dollar amount
				and total number of items cleared through the account annually.
(c) The name and physical location of the
				qualified public depository recommended for the proposed account.
(d) A statement itemizing service charges
				quoted by the qualified public depository.
(e) A statement of assurance that the
				recommended qualified public depository has agreed to the collateral and funds
				forwarding requirements of the Chief Financial Officer.
(f) If moneys deposited in the clearing
				account are to be distributed to accounts outside the State Treasury, the
				agency, board, bureau, commission, institution or department must list such
				accounts and estimate the amount to be transferred to such accounts
				annually.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-1 - APPROVAL AND ADMINISTRATION OF CLEARING ACCOUNTS OUTSIDE THE STATE TREASURY › Section 69C-1.005 - Administration of Clearing Accounts

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Forwarding Moneys to the State Treasury. Moneys in clearing accounts which are
				to be forwarded to the State Treasury must be forwarded using the following
				general schedule unless another schedule is initiated or approved by the Chief
				Financial Officer:
Annual Deposits
Forwarding Frequency
Forwarding Method
(A) 0-61,999.99
Every Other Tuesday
By Check or ACH Transfer
(B) 62,000-247,999.99
Every Tuesday
By Check or ACH Transfer
(C) 248,000-1,459,999.99
Every Tuesday & Friday
Wire Transfer or ACH Transfer
(D) 1,460,000 and over
Daily
Wire Transfer or ACH Transfer
(a) Further
				requirements are:
(b) Wire
				transfers should be made prior to 11:00 a.m. if possible. Wire transfers shall
				be initiated with the FLAIR deposit number embodied in the Fed wire text
				section.
(c) The Chief Financial
				Officer must be notified promptly each time a transfer of $1 million or more is
				made.
(d) Accounts should be
				cleared to a zero balance. If funds must be maintained to cover uncollected
				funds or for compensating balances, the procedure used must be approved by the
				Chief Financial Officer.
(e) Funds
				in clearing accounts must be processed to prevent large sums from lying idle in
				the account over a holiday period.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-1 - APPROVAL AND ADMINISTRATION OF CLEARING ACCOUNTS OUTSIDE THE STATE TREASURY › Section 69C-1.006 - Re-establishing Clearing Accounts

Current through Reg. 50, No. 138; July 16, 2024
The Chief Financial Officer will review all existing clearing
				  accounts each biennium and determine if the volume and complexity justify
				  continuing the account. If the Chief Financial Officer deems it necessary,
				  additional information may be requested from the agency, board, bureau,
				  commission, institution or department in order to make a final determination to
				  continue the account. On or after July 1 of each odd-numbered year, the Chief
				  Financial Officer will notify each agency, board, bureau, commission,
				  institution or department which clearing accounts are not approved for
				  continuation.
Rulemaking Authority
					 17.29 FS. Law Implemented
					 17.58,
					 17.65
					 FS.
New 3-18-80, Formerly 4C-1.06,
					 4C-1.006.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of these rules is to establish procedures for
				  securing, by the pledge of eligible collateral, state and local government
				  deposits maintained in banks and savings associations throughout the State of
				  Florida.
Rulemaking Authority,
					 280.041(7),
					 280.19 FS. Law Implemented 280
					 FS.
New 2-25-82, Amended 11-29-84, Formerly 4C-2.01, Amended
					 6-28-88, Repromulgated 1-23-91, Formerly
					 4C-2.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.002 - Scope

Current through Reg. 50, No. 138; July 16, 2024
These rules establish procedures for the administration of
				  the "Florida Security for Public Deposits Act," which is encompassed in chapter
				  280, F.S. These rules also establish guidelines for qualification and
				  participation by banks and savings associations doing business in the state;
				  procedures for the administration of the collateral requirements of the Act;
				  eligible collateral criteria and restrictions; forms to be used in
				  administration of the Act; effect of filing information, reports and/or forms
				  electronically; additional reports and inspections necessary for administration
				  of the Act; interim reports to be published by the Chief Financial Officer;
				  assessment calculation; requirements of public depositors; task force
				  membership criteria; criteria and guidelines to be used by the Chief Financial
				  Officer in administering and protecting the integrity of the Public Deposits
				  Program; administration of payment of losses and related expenses; and
				  effective date of withdrawal due to an acquisition or merger.
Rulemaking Authority
					 280.19,
					 280.041(7) FS.
					 Law Implemented 280 FS.
New 2-25-82, Amended 11-29-84, Formerly 4C-2.02, Amended
					 4-10-86, 6-28-88, 1-23-91, 7-12-92, Formerly
					 4C-2.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.004 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of these rules, the following terms are
				  defined:
(1) "Authorized Agent for
				Reports" means a corporation other than the Qualified Public Depository that is
				authorized to file the Public Depository Monthly Report, Form DI4-1003, adopted
				in paragraph  69C-2.009(1)(d),
				F.A.C., and the Qualified Public Depository Annual Report to the Chief
				Financial Officer, Form DI4-1004, (rev. 6/98) adopted in paragraph
				 69C-2.009(1)(e),
				F.A.C., with the Chief Financial Officer.
(2) "Authorized Agent for Transactions" means
				a corporation other than the Qualified Public Depository or the Operating
				Subsidiary, if one is used, that is authorized to execute collateral
				transactions.
(3) "Authorized
				Signature Certification" means a written certification, on Form DI4-1010,
				"Authorized Signature Certification", adopted in paragraph
				 69C-2.009(1)(k),
				F.A.C., wherein a Qualified Public Depository provides the Chief Financial
				Officer with the name and signature of any person who is authorized and duly
				empowered on behalf of the depository to issue instructions and enter into
				agreements with the Chief Financial Officer concerning cash and security
				transactions.
(4) "Capital Account"
				is as defined in chapter 280, F.S.
(5) "Certificate of Qualified Public
				Depository" means a certification, Form DI4-1002, "Certificate of Qualified
				Public Depository," adopted in paragraph
				 69C-2.009(1)(c),
				F.A.C., from the Chief Financial Officer to each bank or savings association
				which has met all of the necessary requirements under the law and these rules
				to hold public deposits.
(6)
(a) "Contingent Liability Agreement" means a
				written certified agreement on Form DI4-1000, "Contingent Liability Agreement,"
				adopted in rule  69C-2.009, F.A.C., wherein a
				Qualified Public Depository, and an Operating Subsidiary if one is used, shall
				guarantee public depositors against loss caused by the default or insolvency of
				other Qualified Public Depositories.
(b) The bank or savings association accepting
				and holding public deposits pursuant to chapter 280, F.S., has the
				responsibility for determining what accounts are public deposits, and for
				properly reporting and collateralizing such accounts in compliance with the
				"Florida Security for Public Deposits Act."
(c) The signed agreement shall remain in
				effect until replaced with an updated agreement, or until the depository's
				contingent liability in the Public Deposits Program
				expires.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.005 - Qualifications for Participation by Banks and Savings Associations

Current through Reg. 50, No. 138; July 16, 2024
To become a Qualified Public Depository under the "Florida
				  Security for Public Deposits Act", a bank or savings association must meet or
				  comply with each of the following requirements:
(1)
(a) Be
				organized and operating under the laws of this state; or
(b) Be organized under the laws of the United
				States and having its principal place of business in this state; or
(c) Having a branch office which is
				authorized under the laws of this state or of the United States to receive
				deposits in this state.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.006 - Administration of Collateral Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) The Chief Financial Officer shall review
				and determine the collateral requirements and collateral pledging level(s) for
				each Qualified Public Depository based on criteria established for entry,
				withdrawal, and continued participation in the Public Deposits Program in
				accordance with sections
				 280.04 and
				 280.05(6),
				F.S., and rule  69C-2.024, F.A.C.
(2) Each Qualified Public Depository shall
				deposit with or pledge to the Chief Financial Officer eligible collateral equal
				to or in excess of its required collateral. The amount of its required
				collateral shall be determined:
(a) Daily.
				Public deposits that increase the average daily balance for the current month
				by twenty-five percent (25%) or more over the average daily balance for the
				previous month shall be collateralized by the pledge of additional eligible
				securities within forty-eight (48) hours, or two (2) days, of the
				deposit.
(b) Monthly. The amount of
				required collateral for the month shall be determined based on the calculations
				in Schedule C of Form DI4-1003, "Public Depository Monthly Report." Form
				DI4-1003 is to be submitted to the Chief Financial Officer by the 15th day of
				each calendar month. The depository is simultaneously responsible for pledging
				any additional securities necessary to meet or exceed the amount of its
				required collateral.
(c) Special.
				The Chief Financial Officer shall notify each Qualified Public Depository of
				any special requirements he may impose pursuant to sections
				 280.04,
				 280.05,
				 280.11,
				 280.16, F.S., and rule
				 69C-2.024, F.A.C. When notified
				of any special requirements, the Qualified Public Depository shall act in
				accordance with the Chief Financial Officer instructions.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.007 - Eligible Collateral Criteria and Restrictions

Current through Reg. 50, No. 138; July 16, 2024
(1) Collateralized Mortgage Obligations
				(CMOs) and Real Estate Mortgage Investment Conduits (REMICs):
(a) Must be a direct obligation of a U.S.
				Agency.
(b) Must be in book entry
				form.
(c) Shall not include private
				label issues.
(d) Shall not include
				the following classes:
1. Interest
				Only;
2. Principal Only;
3. Residual; or
4. Zero.
(e) Prior to pledging or substituting these
				instruments, a tranche or deal summary describing the instrument must be
				submitted to the Chief Financial for his review and
				approval.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.009 - Forms

Current through Reg. 50, No. 138; July 16, 2024
(1) The forms listed below are incorporated
				into and made a part of these rules by reference and shall take effect on the
				date listed for each form.
(a) DI4-1000
(rev. 3/97)
Contingent Liability Agreement and Affidavit
(b) DI4-1001
(rev. 3/97)
Public Depository Pledge Agreement
(c) DI4-1002
(3/92)
Certificate of Qualified Public Depository
(d) DI4-1003
(3/92)
Public Depository Monthly Report, Worksheet, and
							 Instructions for Completing
(e) DI4-1004
(rev. 6/98)
Qualified Public Depository Annual Report to the
							 Chief Financial Officer
(f) DI4-1005
(3/92)
Deposit of Collateral (Model form letter)
(g) DI4-1006
(3/92)
Substitution of Collateral (Model form letter)
(h) DI4-1007
(3/92)
Withdrawal of Collateral (Model form letter)
(i) DI4-1008
(3/92)
Power of Attorney
(j) DI4-1009
(rev. 6/98)
Public Depositor Annual Report to the Chief Financial
							 Officer
(k) DI4-1010
(3/92)
Authorized Signature Certification
(l) DI4-1011
(3/92)
Instruction for Payment of Income
(m) DI4-1012
(6/98)
Public Deposit Claim Form and Agreement
(n) D14-1295
(6/98)
Public Deposit Identification and Acknowledgment
							 Form
(2)
				Copies of all forms listed in subsection (1), above, may be obtained through
				the Public Deposits Section, Bureau of Collateral Securities, Division of
				Treasury, Department of Financial Services, 200 East Gaines Street,
				Tallahassee, Florida 32399-0345.
Rulemaking Authority
					 280.19,
					 280.041(7) FS.
					 Law Implemented 280.04(4),
					 280.041,
					 280.05,
					 280.16,
					 280.17
					 FS.
New 2-25-82, Amended 5-17-84, 11-29-84, Formerly 4C-2.09,
					 Amended 4-10-86, 6-28-88, 1-23-91, 7-12-92, 2-1-93, 5-27-97, 4-5-99, Formerly
					 4C-2.009.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.0095 - Electronic Data Transmission of Information, Reports, and Forms

Current through Reg. 50, No. 138; July 16, 2024
Electronic filing of information, reports, or forms,
				  including any items required to be certified or made under oath, shall have the
				  same enforceability as a signed writing.
Rulemaking Authority
					 280.19 FS. Law Implemented
					 280.05(16),
					 (19),
					 280.16
					 FS.
New 1-23-91, Formerly 4C-2.025, Amended 7-12-92, 4-5-99,
					 Formerly 4C-2.0095.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.010 - Additional Reports and Inspections

Current through Reg. 50, No. 138; July 16, 2024
(1)
				When a Qualified Public Depository experiences a decrease in its capital
				accounts as reported on its most recent monthly report, it shall provide to the
				Chief Financial Officer a detailed statement documenting the decreases and the
				reasons for the decreases, unless the decrease is a result of paying
				dividends.
(2) The Chief Financial
				Officer will continually monitor changes in the capital accounts and the
				overall financial condition of all Qualified Public Depositories. If a
				Qualified Public Depository is experiencing a decline in capital accounts, or
				if its overall financial condition is deteriorating, the Chief Financial
				Officer may request additional information which may include, but shall not be
				limited to:
(a) A copy of any report required
				to be filed with any state or federal regulator;
(b) A full report of all public deposits by
				depositor name and location, account name, account number, amount, and Federal
				Employer Identification Number (FEIN); and/or
(c) Other related
				information.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.011 - Interim Reports by the Chief Financial Officer

Current through Reg. 50, No. 138; July 16, 2024
(1) The Chief Financial Officer will make
				information available to the general public on the Florida Security for Public
				Deposits Program. Such information will be included in the Chief Financial
				Officer Annual Report and will include the amount of reported public funds on
				deposit and other related information.
(2) The Chief Financial Officer will report
				quarterly a list of Qualified Public Depositories in the State of Florida. This
				quarterly report will be published in the Florida Administrative Register the
				fourth week of the first, fourth, seventh, and tenth months of each year, and
				this publication shall constitute notice under this rule.
(3) The Chief Financial Officer will report
				annually to all Qualified Public Depositories the annual average amount of
				public deposits held by Qualified Public Depositories of the same type. This
				report will be disseminated not later than February 15th of each year for the
				previous calendar year.
(4) Public
				Depositors that have complied with section
				 280.17, F.S., and rule
				 69C-2.022, F.A.C., and have
				funds in defaulted and/or insolvent depositories, or depositories withdrawing,
				suspended, or disqualified from the Florida Security for Public Deposits
				Program will be notified by the Chief Financial Officer as required by section
				 280.085, F.S.
(5) The Chief Financial Officer will report
				to each Qualified Public Depository its financial condition ranking as
				published quarterly in nationally recognized financial rating
				services.
Rulemaking Authority
					 280.04(9),
					 280.19 FS. Law Implemented
					 280.01-.05, 280.07,
					 280.08,
					 280.09,
					 280.10,
					 280.11,
					 280.13,
					 280.16,
					 280.17,
					 280.18,
					 280.19
					 FS.
New 2-25-82, Amended 11-29-84, Formerly 4C-2.11, Amended
					 4-10-86, 6-28-88, Repromulgated 1-23-91, Amended 7-12-92, Formerly
					 4C-2.011.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.021 - Assessment Calculation

Current through Reg. 50, No. 138; July 16, 2024
When the Chief Financial Officer has determined that a
				  default or insolvency has occurred, any loss to public depositors shall be
				  governed by section  280.08, F.S. Any assessment
				  levied against other Qualified Public Depositories will be based on public
				  deposits held before deducting deposit insurance. The assessment ratio
				  calculation established by section
				   280.08(3),
				  F.S., shall be computed to six decimal places.
Rulemaking Authority
					 280.04(9),
					 280.19 FS. Law Implemented
					 280.08(3)
					 FS.
New 6-28-88, Amended 1-23-91, 7-12-92, Formerly
					 4C-2.021.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.022 - Requirements of Public Depositors

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				public depositor having moneys on deposit in a Qualified Public Depository that
				is in default or is insolvent shall notify the Chief Financial Officer of that
				fact immediately after receiving notice of the default or insolvency from the
				receiver of the depository. In order to facilitate compliance with this
				requirement, public depositors may provide notification first by
				telecommunications, provided such notification is subsequently confirmed in
				writing with a copy of the notice from the receiver.
(2) In the event of the insolvency or default
				of a Qualified Public Depository, each public depositor having a claim against
				the Public Deposits Security Trust Fund shall file a claim with the Chief
				Financial Officer on Form DI4-1012, (rev. 6/98), "Public Deposits Claim Form
				and Agreement," within thirty (30) days after the date of the official
				notification from the Chief Financial Officer.
(3) Each public depositor shall notify the
				Chief Financial Officer of its official name and address annually, as required
				by section  280.17, F.S., on Form DI4-1009,
				(rev. 6/98), "Public Depositor Annual Report to the Chief Financial Officer,"
				or by electronic means.
Rulemaking Authority
					 280.19,
					 280.041(7) FS.
					 Law Implemented 280.17
					 FS.
New 6-28-88, Amended 1-23-91, 7-12-92, 4-5-99, Formerly
					 4C-2.022.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.024 - Criteria and Guidelines to be Used by the Chief Financial Officer in Administering and Protecting the Integrity of the Public Deposits Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Entry, withdrawal, and continued
				participation in the program will be based on the overall financial condition
				of each Qualified Public Depository and each applicant.
(2) The financial condition of each Qualified
				Public Depository and each applicant will be determined by an analysis of:
(a) Ratios derived from the institution's
				quarterly regulatory reports.
(b)
				The trends experienced by each institution.
(c) An average financial condition ranking
				from two nationally recognized financial rating services, published
				quarterly.
(d) Other pertinent
				information relating to the overall financial condition of the
				institution.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.026 - Administration of Payment of Losses

Current through Reg. 50, No. 138; July 16, 2024
The public depositor, by submission of a Public Deposit Claim
				  Form and Agreement Form DI4-1012, agrees to the following terms:
(1) Proof of authorization to execute the
				Public Deposit Claim Form and Agreement on behalf of the public depositor shall
				accompany the claim. Proof shall be in the form specified in rule
				 69C-2.032, F.A.C.
(2) An assertion that the claim is for money
				which meets the definition of a public deposit under section
				 280.02, F.S., and is not exempt
				under the laws of Florida shall be made by the public depositor.
(3) Responsibility for research or defense
				required to support the assertion that the claim covers a public deposit and is
				not exempt shall be accepted by the public depositor.
(4) A current Public Deposit Identification
				and Acknowledgment Form DI4-1295 as required in section
				 280.17, F.S., will accompany the
				claim. This form shall state, without alteration, the account number, account
				type, and account name which are identical to that stated in the Public Deposit
				Claim Form and Agreement and on the records of the Qualified Public
				Depository.
(5) Evidence of the
				deposit insurance afforded this public deposit and offsets allowed shall
				accompany the claim. The net claim shall be an uncompensated loss which is not
				subject to any indemnification other than that provided by chapter 280,
				F.S.
(6) Assignment to the Chief
				Financial Officer of any interest in funds that become available to the
				defaulted qualified public depository, with respect to the amount of the claim,
				shall be made by the public depositor.
(7) Indemnification of the Chief Financial
				Officer for any claims of other parties, including costs of litigation and
				attorneys' fees, with respect to the claim, shall be made by the public
				depositor.
Rulemaking Authority
					 280.19 FS. Law Implemented
					 280.08,
					 280.085,
					 280.10,
					 280.17(1)(b)
					 FS.
New 7-12-92, Amended 2-1-93, 4-5-99, Formerly
					 4C-2.026.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.028 - Ownership of Collateral by an Operating Subsidiary of the Qualified Public Depository

Current through Reg. 50, No. 138; July 16, 2024
Collateral securing public deposits may, at the discretion of
				  the Qualified Public Depository, be owned in the name of an Operating
				  Subsidiary if:
(1) 100% of the stock
				of the Operating Subsidiary is owned and controlled by the Qualified Public
				Depository;
(2) The Operating
				Subsidiary is a party to and bound by all the terms of the Public Depository
				Pledge Agreement Form DI4-1001, incorporated by reference in rule
				 69C-2.009, F.A.C.;
(3) The Operating Subsidiary is a party to
				and bound by all the terms of the Contingent Liability Agreement and Affidavit
				Form DI4-1000, incorporated by reference in rule
				 69C-2.009, F.A.C.;
(4) The Public Depository Pledge Agreement
				Form DI4-1001 and Contingent Liability Agreement and Affidavit Form DI4-1000
				are approved by the boards of directors of both the Qualified Public Depository
				and the Operating Subsidiary, and approval is reflected in the minutes of those
				boards;
(5) Certified copies of the
				relevant portions of the board minutes specified in subsection (4) above and
				the board resolution are provided to the Chief Financial Officer with Forms
				DI4-1001 and DI4-1000;
(6) The
				ownership of the collateral by the Operating Subsidiary in no way impairs the
				security interest of the Chief Financial Officer in the collateral;
(7) The Chief Financial Officer does not
				disapprove the ownership of the collateral by the Operating Subsidiary;
				and,
(8) The Qualified Public
				Depository shall remain fully responsible and accountable for the actions of
				its Operating Subsidiary and shall be subject to administrative action pursuant
				to chapter 280, F.S.
Rulemaking Authority
					 280.19,
					 280.041(7) FS.
					 Law Implemented 280.02,
					 280.04,
					 280.05
					 FS.
New 5-27-97, Formerly
					 4C-2.028.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.029 - Authorized Agent

Current through Reg. 50, No. 138; July 16, 2024
A Qualified Public Depository may elect to have an Authorized
				  Agent for Reports, and a Qualified Public Depository or an Operating
				  Subsidiary, if one is used, may elect to have an Authorized Agent for
				  Transactions under the following circumstances:
(1) The Qualified Public Depository or
				Operating Subsidiary, if one is used, is the owner of the collateral;
(2) The Qualified Public Depository, or
				Operating Subsidiary, if one is used, is the account name on the custodian
				records; or, if the collateral is in the Chief Financial Officer name, the
				sub-account name;
(3) The Qualified
				Public Depository, and the Operating Subsidiary, if one is used, have executed
				the Public Depository Pledge Agreement Form DI4-1001 in their names;
(4) Certified copies of the relevant portions
				of board minutes and resolution detailing the authorization from the boards of
				directors of the Qualified Public Depository, and the Operating Subsidiary, if
				one is used, and the authorized agent are provided to the Chief Financial
				Officer;
(5) The Qualified Public
				Depository shall remain fully responsible and accountable for the actions of
				the Authorized Agent and shall subject to administrative action, pursuant to
				chapter 280, F.S.;
(6) The election
				of an Authorized Agent in no way impairs the security interest of the Chief
				Financial Officer in the collateral;
(7) The Chief Financial Officer does not
				disapprove the election of an Authorized Agent; and,
(8) The Qualified Public Depository, the
				Operating Subsidiary, if one is used, and the agent provide proof of the agency
				relationship.
Rulemaking Authority
					 280.19,
					 280.041(7) FS.
					 Law Implemented 280.02,
					 280.04,
					 280.05
					 FS.
New 5-27-97, Formerly
					 4C-2.029.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.030 - Use of Agents by Custodians of Collateral

Current through Reg. 50, No. 138; July 16, 2024
A custodian may elect to have the Chief Financial Officer
				  complete collateral transactions directly with the custodian's agent under the
				  following circumstances:
(1) Both the
				agent and the custodian meet the definition of a custodian in section
				 280.02(6),
				F.S.
(2) Both the agent and the
				custodian complete a Public Depository Pledge Agreement Form
				DI4-1001.
(3) The custodian and
				agent provide proof of the agency relationship.
Rulemaking Authority
					 280.19,
					 280.041(7) FS.
					 Law Implemented 280.02,
					 280.04,
					 280.05
					 FS.
New 5-27-97, Formerly
					 4C-2.030.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.031 - Format for Confirmations from Custodians

Current through Reg. 50, No. 138; July 16, 2024
(1) A custodian shall, upon request from the
				Chief Financial Officer, provide confirmation of securities pledged by a
				Qualified Public Depository, or Operating Subsidiary, if one is used.
(2) All costs associated with the
				confirmation shall be borne by the Qualified Public Depository or the Operating
				Subsidiary, if one is used.
(3) The
				request from the Chief Financial Officer shall be consistent with the
				information provided in the Public Depository Pledge Agreement, and shall
				identify the account by the name and location of the Qualified Public
				Depository, or Operating Subsidiary, is one is used. Account numbers or other
				special identification cannot be required by the custodian in fulfilling the
				request unless specified in that agreement.
(4) The custodian shall confirm securities
				that meet all of the following criteria:
(a)
				Account name on the records of the custodian is the specified Qualified Public
				Depository or Operating Subsidiary, if one is used;
(b) Pledged to the Chief Financial Officer of
				Florida to secure public deposits pursuant to the Florida Security for Public
				Deposits Act.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.032 - Execution of Forms, Proof of Authorization

Current through Reg. 50, No. 138; July 16, 2024
(1) When the following forms, listed in Rule
				 69C-2.009, F.A.C., are submitted
				to the Chief Financial Officer, they shall be accompanied by proof that the
				individuals executing the forms on behalf of the organization are authorized to
				execute the forms on behalf of the organization:
(a) DI4-1000 (rev. 3/97)
Contingent Liability Agreement and Affidavit
(b) DI4-1001 (rev. 3/97)
Public Depository Pledge Agreement
(c) DI4-1004 (rev. 6/98)
Qualified Public Depository Annual Report to the
							 Chief Financial Officer
(d) DI4-1008 (rev. 3/92)
Power of Attorney
(e) DI4-1009 (rev. 6/98)
Public Depositor Annual Report to the Chief Financial
							 Officer
(f) DI4-1012 (rev. 6/98)
Public Deposit Claim Form and Agreement
(2)
				The proof specified in subsection (1), above, shall be in the form of a
				certified copy, or a certified pertinent extract from, one of the following:
(a) The minutes of a board meeting evidencing
				adoption of a resolution by the organization's board of directors authorizing
				the individual signing the form by name or title to sign such a document on
				behalf of the organization;
(b) The
				organization's charter, constitution, bylaws, or other evidence of the
				governing body, authorizing the individual signing the form by name or title to
				sign such a document on behalf of the organization;
(c) Evidence of incumbency for constitutional
				public officers.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-2 - PROCEDURES FOR ADMINISTERING THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT › Section 69C-2.033 - Attestation Statement for Qualified Public Depositories

Current through Reg. 50, No. 138; July 16, 2024
Beginning July 1, 2023, any entity required to provide an
				  attestation pursuant to Section
				   280.025, F.S., must complete and
				  submit the Attestation Statement for Qualified Public Depositories, Form
				  DFS-J1-1013, effective 07/23, which is incorporated by reference herein, and
				  available at
www.myfloridacfo.com/division/treasury
#
				  and at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15443
.
				  The form must be sent to PublicDeposits@myfloridacfo.com.
Rulemaking Authority
					 280.025,
					 280.19 FS. Law Implemented
					 280.02,
					 280.025
					 FS.
New 7-5-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-3 - ADMINISTRATION OF CERTAIN STATE FUND INVESTMENTS › Section 69C-3.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of these rules is to establish procedures for the
				  transfer of eligible fund moneys to and from an investment account of the Chief
				  Financial Officer and for the crediting of the earnings from these
				  investments.
Rulemaking Authority
					 17.29 FS. Law Implemented
					 17.61,
					 17.65
					 FS.
New 1-4-82, Formerly 4C-3.01, Repromulgated 5-20-90,
					 Formerly 4C-3.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69C - Division of Treasury › Chapter 69C-3 - ADMINISTRATION OF CERTAIN STATE FUND INVESTMENTS › Section 69C-3.002 - Scope

Current through Reg. 50, No. 138; July 16, 2024
These rules establish procedures for the transfer of all or a
				  portion of the balance in an eligible fund to the investment account of the
				  Chief Financial Officer and for the return of all or a portion of the invested
				  balance to the eligible fund. These rules also set out procedures for the
				  allocation of earnings from these investments. In addition, the method of
				  assessing for eligible fund investment services is
				  established.
Rulemaking Authority
					 17.29 FS. Law Implemented
					 17.61,
					 17.65
					 FS.
New 1-4-82, Formerly 4C-3.02, Repromulgated 5-20-90,
					 Formerly 4C-3.002.