The purpose of the proposed amendments is to clarify and update the rule to comply with recent legislative amendments. Chapter 2023-130, Laws of Florida, requires public adjusters to provide Florida insureds with a disclosure ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Insurance Agent and Agency Services

RULE NO.:RULE TITLE:

69B-220.051Conduct of Public Adjusters

PURPOSE AND EFFECT: The purpose of the proposed amendments is to clarify and update the rule to comply with recent legislative amendments. Chapter 2023-130, Laws of Florida, requires public adjusters to provide Florida insureds with a disclosure form prior to signing a contract and authorizes the Department to adopt a form by rule.

SUMMARY: The proposed amendment will adopt a claim process disclosure form to be used by public adjusters to comply with the requirements of subsection 626.8796(6) F.S.

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 conducted an economic analysis of the potential impact of the proposed rule amendments and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification.

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: 624.308(1), 626.878, 626.8796, 626.9611(1) FS.

LAW IMPLEMENTED: 624.307(1), 626.112(1)(a), (3), 626.611, 626.852(2), 626.854, 626.8651, 626.8695(4), 626.878, 626.8795, 626.8796, 626.9541(1)(b), (i) 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: Ray Wenger, Chief, Bureau of Investigation, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69B-220.051 Conduct of Public Adjusters and Public Adjuster Apprentices.

(1) through (5) No change.

(6) The contract for public adjuster services must be executed signed by the public adjuster who solicited the contract. A public adjuster apprentice may not execute contracts for the services of a public adjuster or public adjusting firm. A copy of the contract for public adjuster services and any addendum thereto, executed signed by all parties, shall be provided to the insured or claimant at the time he or she executes signs the contract.

(7) No change.

(8)(a) Pursuant to section 626.8796, F.S., before an insured executes a contract with a public adjuster, the public adjuster must provide Form DFS-H1-1982, Claim Process Disclosure Form, to the insured regarding the claim process. Form DFS-H1-1982, (Eff. 08/23), is hereby incorporated by reference and available on this link:  http:www.flrules.org/Gateway/reference.asp?No=Ref-        ; or on the Department’s website at https://www.myfloridacfo.com/division/agents/licensing/forms.

(b) The Claim Process Disclosure Form may only be modified to include the public adjuster’s name, public adjusting firm name, or contact information; the addition of borders; or changes in font which do not alter type size. None of the information on the Claim Process Disclosure Statement may be changed, altered, or deleted.

Rulemaking Authority 624.308(1), 626.878, 626.8796, 626.9611(1) FS. Law Implemented 624.307(1), 626.112(1)(a), (3), 626.611, 626.852(2), 626.854, 626.8651, 626.8695(4), 626.878, 626.8795, 626.8796, 626.9541(1)(b), (i) FS. History–New 4-26-94, Amended 12-18-01, Formerly 4-220.051, Amended 3-27-05, 9-3-06, 1-5-15, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ray Wenger, Chief, Bureau of Investigation

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 10, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 27, 2023