The proposed rulemaking repeals Rule 69J-8.004, F.A.C., because it is not needed since the standards for neutral evaluators are now in section 627.7074, F.S. Subsection 69J-8.008(2), F.A.C., is amended to require insurers to contact claimants ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

69J-8.002Definitions

69J-8.004Qualification and Certification of Neutral Evaluators

69J-8.007Request for Evaluation

69J-8.008Selection of Neutral Evaluator

69J-8.009Evaluation Process

PURPOSE AND EFFECT: The proposed rulemaking repeals Rule 69J-8.004, F.A.C., because it is not needed since the standards for neutral evaluators are now in Section 627.7074, F.S. Subsection 69J-8.008(2), F.A.C., is amended to require insurers to contact claimants within 3 business days of notice of a request for neutral evaluation, and copy the department on the correspondence to the claimant. Subsection (9) of Rule 69J-8.008, F.A.C., is added to impose a duty on neutral evaluators to disclose conflicts of interest within 3 business days of assignment. Subsection (5) is added to Rule 69J-8.009, F.A.C., to require disclosure of professionals used by a neutral evaluator and conflicts of interest associated with those professionals. Technical changes are also made.

SUBJECT AREA TO BE ADDRESSED: Neutral evaluation of disputed sinkhole insurance claims in Florida.

RULEMAKING AUTHORITY: 627.7074(18) FS.

LAW IMPLEMENTED: 627.7074 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Tuesday, January 13, 2015, 10:00 a.m.

PLACE: Room 116 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: Tasha Carter, [phone] or [e-mail]. 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: Tasha Carter, Director, Division Consumer Services, Department of Financial Services, 200 E. Gaines Street, Room 518A, Larson Building, Tallahassee, FL 32399-0321, [phone] or [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.