Notice of Development of Rulemaking

DEPARTMENT OF FINANCIAL SERVICES
Division of Risk Management
RULE NO: RULE TITLE
69H-2.004: Certificate of Coverage
PURPOSE AND EFFECT: The amended form DFS-D0-862, Certificate of Coverage for Court-Awarded Attorney Fees elaborates on insured’s responsibility to the Division of Risk Management when claims are brought for attorney fees. The certificate clarifies conditions and lists consequences when insured’s actions prejudice the ability of the Division of Risk Management to perform its mission. These changes also specify monetary coverage limits.
SUBJECT AREA TO BE ADDRESSED: Court-awarded attorney fees for insureds covered by the State Risk Management Trust Fund.
SPECIFIC AUTHORITY: 284.311 FS. 284.39 FS.
LAW IMPLEMENTED: 284.30 FS. 284.31 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: Tuesday, May 2, 2006, 9:00 a.m.
PLACE: Room 142 Larson Building, 200 East Gaines Street, Tallahassee, Florida.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: George Rozes, Senior Management Analyst II, Division of Risk Management, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0336, (850)413-4754. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: George Rozes, Senior Management Analyst II, Division of Risk Management, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0336, (850)413-4754.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

69H-2.004 Certificate of Coverage.

(1) through (6) No change.

(7) Form DFS-D0I4-862, “Court Awarded Attorney Fees Certificate of Coverage,” rev.11/05 3/01, which is hereby adopted and incorporated by reference, will be used to provide coverage for court awarded attorney’s fees in other proceedings against the agency named on the certificate.

(8) No change.

Specific Authority 284.311 FS., 284.39 FS. Law Implemented 284.30 FS., 284.31 FS. History–New 7-29-72, Formerly 4-30.05, 4-30.005, Amended 1-7-92, 6-28-01, Formerly 4H-2.004, Amended 5-4-05, ________________.