Florida Regulations 69C-2.026: Administration of Payment of Losses
Current as of: 2024 | Check for updates
|
Other versions
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 Fl. Admin. Code R. 69C-2.032
(2) An assertion that the claim is for money which meets the definition of a public deposit under Florida Statutes § 280.02, 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 Florida Statutes § 280.17, 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. History-New 7-12-92, Amended 2-1-93, 4-5-99, Formerly 4C-2.026.
Terms Used In Florida Regulations 69C-2.026
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(2) An assertion that the claim is for money which meets the definition of a public deposit under Florida Statutes § 280.02, 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 Florida Statutes § 280.17, 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. History-New 7-12-92, Amended 2-1-93, 4-5-99, Formerly 4C-2.026.