The proposed rule amendment resolves the problem of paper document processing by requiring all material filed with the Department relating to a Section 624.155, F.S. civil remedy action be filed electronically. The civil remedy notice is already ...

DEPARTMENT OF FINANCIAL SERVICES
Division of Consumer Services

RULE NO: RULE TITLE
69J-123.002: Procedures
PURPOSE AND EFFECT: The proposed rule amendment resolves the problem of paper document processing by requiring all material filed with the Department relating to a Section 624.155, F.S. civil remedy action be filed electronically. The civil remedy notice is already required to be filed electronically. This amendment requires the insurer’s report of disposition and other communications, which parties wish to submit, to likewise be filed electronically.
SUMMARY: Insurer reports of the disposition of a matter for which a civil remedy notice was filed pursuant to Section 624.155, F.S., and additional communications parties wish to include in the record must be filed electronically.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 624.308(1) FS.
LAW IMPLEMENTED: 624.307, 624.155(3)(b) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, October 28, 2009, 10:00 a.m.
PLACE: 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: Greg Thomas, [phone]. 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 IS: Greg Thomas, Chief of Education, Advocacy & Research, Division of Consumer Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0320; [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

69J-123.002 Civil Remedy Notice Procedure.

(1) The civil remedy notice required by Section 624.155, F.S., shall be electronically submitted on Form DFS-10-363, “Civil Remedy Notice of Insurer Violation,” (Effective 10-14-08), which is hereby adopted and incorporated by reference. The form shall be submitted to the Department of Financial Services, Bureau of Consumer Assistance, through the website at https://apps.fldfs.com/civilremedy. No fee is required.

(2) Authorized insurer reports to the Department as required by Section 624.155(3)(e), F.S., regarding the disposition of the alleged violation shall be electronically added to the existing Form DFS-10-363 specific to the notice being addressed.

(3) Any written communications between the parties to the civil remedy notice, which are intended for inclusion in the Department’s electronic record, shall be electronically added to the existing Form DFS-10-363 specific to the notice being addressed.

Rulemaking Specific Authority 624.308(1) FS. Law Implemented 624.307, 624.155(3)(b) FS. History–New 10-14-08, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Greg Thomas, Chief of Education, Advocacy & Research, Division of Consumer Services, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Tammy Teston, Deputy Chief Financial Officer, Division of Consumer Services, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 14, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 5, 2009