The proposed rulemaking will update and amend the risk management trust fund requirements for payments made under the firefighter cancer benefits program. The proposed rulemaking will also amend forms used for claims made ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Risk Management

RULE NOS.:RULE TITLES:

69H-2.003Premium Assessments

69H-2.004Certificate of Coverage

69H-2.007Loss Prevention Programs

69H-2.008Other Forms Adopted

69H-2.009Florida Motor Vehicle No-Fault Forms

69H-2.010Property Damage Coverage for State-Owned Vehicles

PURPOSE AND EFFECT: The proposed rulemaking will update and amend the risk management trust fund requirements for payments made under the firefighter cancer benefits program. The proposed rulemaking will also amend forms used for claims made under workers compensation, the Florida Motor Vehicle No-Fault statutes, premium assessments, certificates of coverage for all lines of self-insurance, and forms related to self-insurance, loss prevention programs, and property damage to state-owned vehicles. This rulemaking is required to implement statutory changes made in the last legislative session.

SUMMARY: This rulemaking will adopt statutory changes to sections 284.30 and 284.31, F.S., amend benefit payment requirements for the statutory firefighter cancer benefits program created in Chapter 112, F.S., and will update relevant forms used for workers compensation claims and Florida Motor Vehicle No-Fault claims filed against the trust fund. This rulemaking will also amend and clarify requirements for premium assessments, certificates of coverage for self-insurance, and forms for self-insurance, loss prevention programs, and property damage to state-owned vehicles.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic review for this rulemaking.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 284.17, 284.30, 284.31, 284.311, 284.39, 627.730 FS

LAW IMPLEMENTED: 284.30, 284.31, 284.311, 284.36, 284.38, 284.40, 284.41, 284.50, 627.730 FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robin Delaney, Assistant Director, Division of Risk Management, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69H-2.003 Premium Assessments.

(1) No change.

(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 of Risk Management will send to each insured agency a request to complete the Exposure Base Inquiry the appropriate exposure base inquiry form to each insured agency to determine risk exposure. These forms are hereby adopted and incorporated by reference. Each agency Insured agencies shall complete the Exposure Base Inquiry, form DFS-D0-861 (Effective mm/yy), in the Division’s Insurance Management System at https://live.origamirisk.com/ and return it to the Division within 30 days of notification. The Exposure Base Inquiry, 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___.

(a) Dfs-d0-861, “Exposure Base Inquiry,” rev. 11/05.

(b) DFS-D0-1392, “Statutory Exposure Base Inquiry Agency for Workforce Innovation Community Service Participants, sections 445.024(1)(d), and 445.024(1)(e), F.S., FY 2006-2007,” rev. 11/05.

(c) DFS-D0-1393, “Statutory Exposure Base Inquiry Department of Juvenile Justice, section 985.45, F.S., FY 2006-2007,” rev. 11/05.

(d) DFS-D0-1394, “Statutory Exposure Base Inquiry Department of Juvenile Justice, section 768.28(11), F.S., FY 2006-2007,” rev. 11/05.

(e) DFS-D0-1395, “Statutory Exposure Base Inquiry Department of Health, section 768.28(10)(c), F.S., FY 2006-2007,” rev. 11/05.

(f) DFS-D0-1396(A), “Statutory Exposure Base Inquiry Department of Health, section 766.1115, F.S., FY 2006-2007,” rev. 6/00.

(g) DFS-D0-1396(B), “Statutory Exposure Base Inquiry Department of Health, section 381.0302, F.S., FY 2006-2007,” rev. 11/05.

(h) DFS-D0-1397, “Statutory Exposure Base Inquiry Department of Corrections, sections 948.036(1), F.S., FY 2006-2007,” rev. 11/05.

(i) DFS-D0-1398, “Statutory Exposure Base Inquiry Department of Corrections, section 768.28(10)(a), F.S., FY 2006-2007,” rev. 11/05.

(j) Dfs-d0-1399, “Statutory Exposure Base Inquiry Community Service Participants, section 569.11(4), F.S.,” rev. 11/05.

(k) Dfs-d0-1400, “Statutory Exposure Base Inquiry 01381 Children and Families, section 409.175(14)(a), F.S.,” rev. 11/05.

(l) DFS-D0-1665, “Statutory Exposure Base Inquiry Department of Transportation, section 768.28(100)(d), F.S.,” FY 2006-2007”, rev. 11/05.

(m) DFS-D0-1666, “Statutory Exposure Base Inquiry Agency for Persons With Disabilities, section 393.075(1), F.S.,” FY 2006-2007”, rev. 11/05.

(n) DFS-D0-1667, “Statutory Exposure Base Inquiry Department of Transportation, section 768.28(10)(e), F.S.,” FY 2006-2007”, rev. 11/05.

(4) Prior to July 1 of each budget year the Division of Risk Management will send Form Dfs-d0-1401, “Account Design” (Effective mm/yy) rev. 11/05, to each insured agency to determine the cost center structure for recording claims. Form Dfs-d0-1401 is hereby adopted and 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___. 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. History–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, _______.

 

69H-2.004 Certificate of Coverage.

(1) No change.

(2) Form Dfs-d0-867, “State Employee Workers’ Compensation and Employer’s Liability Certificate of Coverage,” (Effective mm/yy), rev. 8/09, which is hereby adopted and incorporated herein by reference, will be used to provide employee workers’ compensation and employer’s liability coverage to the agency named on the certificate. A copy of the form is available at http://www.flrules.org/gateway/reference.asp?no=ref___.

(3) Form Dfs-d0-863, “General Liability Certificate of Coverage,” (Effective mm/yy), rev. 11/05, which is hereby adopted and incorporated herein by reference, will be used to provide general liability insurance coverage to the agency named on the certificate. A copy of the form is available at http://www.flrules.org/gateway/reference.asp?no=ref___.

(4) Form DFS-D0-864, “Fleet Automobile Liability Certificate of Coverage,” (Effective mm/yy), rev. 11/05, which is hereby adopted and incorporated herein by reference, will be used to provide fleet automobile liability coverage to the agency named on the certificate. A copy of the form is available at http://www.flrules.org/gateway/reference.asp?no=ref___.

(5) Form DFS-D0-864A, “State Risk Management Trust Fund Addendum to Automobile Liability Certificate of Coverage for Off-Duty Law Enforcement Vehicle Property Damage,” (Rev. rev. 11/05), which is hereby adopted and incorporated herein by reference, will be used to provide an addendum to automobile liability coverage to the agency named on the certificate.

(6) Form Dfs-d0-865, “Federal Civil Rights Liability and Employment Discrimination Certificate of Coverage,” (Effective mm/yy), rev. 11/05, which is hereby adopted and incorporated herein by reference, will be used to provide coverage for federal civil rights actions under 42 U.S.C.S. 1983 or similar federal statutes to the agency named on the certificate. A copy of the form is available at http://www.flrules.org/gateway/reference.asp?no=ref___.

(7) Form DFS-D0-862, “Court Awarded Attorney Fees Certificate of Coverage,” (Rev.rev. 11/05), which is hereby adopted and incorporated herein 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) Form DFS-DO-xxx, Firefighter Cancer Benefits Certificate of Coverage, (Effective mm/yy), incorporated herein by reference, will be used to provide coverage for firefighter cancer benefits payable under section 112.1816(2), Florida Statutes. A copy of the form is available at http://www.flrules.org/gateway/reference.asp?no=ref___.

(98) Copies of these forms are available from the Division of Risk Management, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0337, or at https://myfloridacfo.com/Division/Risk/ [phone].

Rulemaking Authority 284.311, 284.39 FS. Law Implemented 284.30, 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, 7-23-06, _______.

 

69H-2.007 Loss Prevention Programs.

(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 mm/yy) rev. 11/05, which is hereby adopted and 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 mm/yy), with the name of both the new Safety Coordinator and Alternate Safety Coordinator within thirty (30) days of the change vacancy on Form Dfs-d0-858. A copy of the form is available at https://myfloridacfo.com/Division/Risk/ or http://www.flrules.org/gateway/reference.asp?no=ref___.

(2) The appointed Safety Coordinator shall annually submit to the Division of Risk Management Form Dfs-d0-860, “Safety Program Evaluation,” rev. 11/05, which is hereby adopted and incorporated by reference.  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 each quarterly casualty report from the Division of Risk Management. The Safety Coordinator shall identify any discrepancies between the Division’s records and the agency’s records and shall report such discrepancies on Form Dfs-d0-859, “Casualty Report Series: Liability Change Form,” rev. 11/05, or Dfs-d0-1402 “Casualty Report Series: Workers’ Compensation Change Form,” rev. 8/09, which are hereby adopted and incorporated by reference, within 30 days after receipt of the quarterly report.

(3) The appointed Safety Coordinator of each insured agency shall review and respond within 10 business days of receipt to each DFS-D0-xxx, Claim Investigation Report, (Effective mm/yy), 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___.

Rulemaking Authority 284.39 FS. Law Implemented 284.50 FS. History–New 1-7-92, Amended 6-28-01, Formerly 4H-2.007, Amended _______..

 

69H-2.008 Other Forms Adopted.

(1) The following forms are hereby adopted and 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 mm/yy), http://www.flrules.org/gateway/reference.asp?no=ref___;

(a) DFS-D0-261, “Automobile Accident Report,” rev. 11/05;

(b) DFS-D0-866, “Mileage Reimbursement,” (Effective mm/yy), rev. 11/05 http://www.flrules.org/gateway/reference.asp?no=ref___;

(c) DFS-D0-1403, “General Liability Loss Report,” (Effective mm/yy), rev. 11/05 http://www.flrules.org/gateway/reference.asp?no=ref___;

(d) DFS-D0-1404, “Lien Disclosure Statement,” (Rev. rev. 11/05);

(e) DFS-D0-1406, “Insurer’s Disclosure Statement Pursuant to section 627.4137, F.S.,” (Rev. rev. 11/05);

(f) DFS-D0-1407, “Medical Authorization,” (Rev. rev. 02/10), http://www.flrules.org/gateway/reference.asp?no=ref___;

(g) DFS-DO-1408, Release for Property Damage Only (Effective mm/yy) http://www.flrules.org/gateway/reference.asp?no=ref___;

(g) DFS-D0-1410, “Substitute Form W9”, new 11/05;

(h) DFS-D0-1990, “Medicare Secondary Payer Reporting Questionnaire,” (Effective mm/yy) new 5/09, http://www.flrules.org/gateway/reference.asp?no=ref___; and,

(i) DFS-D0-1991, “Medicare Beneficiary/Eligibility Information,” (Effective mm/yy), http://www.flrules.org/gateway/reference.asp?no=ref___; and, new 5/09.

(j) DFS-DO-xxx, Firefighter Cancer Benefit Information Form (Effective mm/yy), http://www.flrules.org/gateway/reference.asp?no=ref___.

(2) Copies of each form adopted and incorporated by reference in this rule chapter are available from the Division of Risk Management, Department of Financial Services, 200 East Gaines Street, Larson Building, Tallahassee, Florida 32399-0336, or at https://myfloridacfo.com/Division/Risk/.

Rulemaking Authority 284.17, 284.39 FS. Law Implemented 284.30, 284.40, 284.41 FS. History–New 1-7-92, Amended 6-28-01, Formerly 4H-2.008, Amended 7-4-04, 5-4-05, 10-5-09, 1-9-11, _______.

 

69H-2.009 Florida Motor Vehicle No-Fault Forms.

(1) The following forms are adopted and 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 mm/yy), http://www.flrules.org/gateway/reference.asp?no=ref___. rev. 11/05.

(b) DFS-D0-283, “Wage and Salary Verification,” (Effective mm/yy), http://www.flrules.org/gateway/reference.asp?no=ref___.  rev. 11/05.

(2) Copies of each these forms adopted and incorporated by reference in this rule are available from the Division of Risk Management, Department of Financial Services, 200 East Gaines Street, Larson Building, Tallahassee, Florida 32399-0300, or at https://myfloridacfo.com/Division/Risk/.

Rulemaking Authority 284.30, 284.31, 627.730 FS. Law Implemented 284.30, 284.31, 627.730 FS. History–New 6-28-01, Formerly 4H-2.009, Amended _______.

 

69H-2.010 Property Damage Coverage for State-Owned Vehicles.

(1) Definitions: The following definitions shall apply to the property damage coverage established in this rule:

(a) through (b) No change.

(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 four 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) No change.

(2) Coverage Provided.

(a) The State Risk Management Trust Fund (The Fund) will pay for property damage to a motor vehicle owned by a state agency when this property damage occurs while the motor vehicle is being used by a law enforcement officer, as defined in section 943.10, F.S., for off-duty work for which the officer must reimburse the state, subject to the exclusions and deductible amounts, as defined in paragraphs (2)(d) and (2)(e) of this rule. The Fund will pay reasonable repair costs or the actual cash value of the vehicle whichever is less.

(b) If an independent appraisal of the property damage is required, the Fund will pay for this expense. If the accidental loss results in the motor vehicle being declared a total loss, the Fund will pay the state agency the actual cash value of the motor vehicle, (minus any applicable deductible amounts), and the Fund shall retain the salvage value of the motor vehicle.

(c) through (e) No change.

(f) Limit of Liability: The Fund’s limit of liability will be the lesser of the actual cash value of the damaged property or an amount necessary to repair or replace the property with other property of like kind and of quality. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. If a repair or replacement results in better than like kind and quality, the Fund will not pay for the betterment.

(g) No change.

(3) Premium Assessments and Reimbursement.

(a) The Division of Risk Management (The Division) will determine the exposure base for the calculation of costs of providing physical damage coverage according to the number of law enforcement officers using state motor vehicles while performing off-duty employment.

(b) No change.

(c) Each state agency shall, no later than July April 1 each fiscal year, report to the Division the estimated number of law enforcement officers using state motor vehicles while performing their off-duty employment for the upcoming fiscal year. A state agency shall use Form DFS-D0-861, “Exposure Base Inquiry,” (Effective mm/yy), rev. 6/00, hereby adopted and incorporated by reference. in the Division’s Insurance Management System at https://live.origamirisk.com/. Copies of this form are available from the Division of Risk Management, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0337.

(d) Premium calculation.

1. The Division will calculate the total premium based on agencies’ experience and exposure, (except for the first year). Assessment amounts will fluctuate each year depending on exposure and experience criteria.

2. through 4. No change.

(e) No change.

(f) Questions regarding Premiums and Invoicing will be addressed to the Finance and Accounting Director, Division of Risk Management, 200 East Gaines Street, Tallahassee, FL 32399-0337.

(4) Deductible Assessment.

(a) No change.

(b) The Division will adjust the deductible amount and adjust the amount at the beginning of each fiscal year, upon consultation with the state agencies that employ the law enforcement officers covered by this rule. The amount of the deductible shall not exceed $500 per incident. The Division will notify state agencies of the deductible amount no later than July 1 of each fiscal year.

(5) Claims Processing.

(a) Accidents shall be reported to the Division, using Form DFS-D0-261, “Automobile Accident Report,” (Effective mm/yy),  rev. 1/03, which is hereby adopted and incorporated herein by reference. Copies of the form adopted and incorporated by reference in this subsection are available from the Division of Risk Management, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0338, or online at https://myfloridacfo.com/Division/Risk/, or http://www.flrules.org/gateway/reference.asp?no=ref___.

(b) through (e) No change.

(f) Questions regarding Claims Processing will be addressed to the Insurance Specialist II, Automobile Appraisals, Division of Risk Management, 200 East Gaines Street, Tallahassee, FL 32399-0338.

Rulemaking Authority 284.311 FS. Law Implemented 284.30, 284.311, 284.36 FS. History–New 5-4-05, Amended ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Molly Merry, Director, Division of Risk Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 30, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2021