The purpose of this amendment is to repeal Rule 69J-9.001, F.A.C., relating to a sinkhole insurance claim database, because the rulemaking authority and law implemented were repealed in 2011. The effect of the amendment will be that insurers will ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

69J-9.001Database of Information Relating to Sinkholes

PURPOSE AND EFFECT: The purpose of this amendment is to repeal Rule 69J-9.001, F.A.C., relating to a sinkhole insurance claim database, because the rulemaking authority and law implemented were repealed in 2011. The effect of the amendment will be that insurers will not be required to electronically submit data for all sinkhole or catastrophic ground cover collapse claims confirmed on or after January 1, 2005, to the Department of Financial Services.

SUMMARY: This rulemaking is part of the agency’s comprehensive review of existing rules. The repeal of this rule will remove provisions that were adopted pursuant to laws that have since been repealed. The rule requires insurers to electronically submit data for all sinkhole or catastrophic ground cover collapse claims confirmed on or after January 1, 2005, to the Department of Financial Services.

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 repeal of the rule will not have a direct or indirect adverse financial impact on small businesses. It has been determined that a SERC was not necessary and that the rule amendment will not require ratification by the legislature.

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), 627.7065(6) FS.

LAW IMPLEMENTED: 627.706, 627.7065 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: March 11, 2015, 11:00 a.m.

PLACE: 200 East Gaines Street, Room 139, Larson Building, Tallahassee, Florida 32301

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, by email: [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 IS: Tasha Carter, Director of the Division of Consumer Services, 200 East Gaines Street, Tallahassee, Florida, 32399-0300 or by email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69J-9.001 Database of Information Relating To Sinkholes.

Rulemaking Authority 624.308(1), 627.7065(6) FS. Law Implemented 627.706, 627.7065 FS. History–New 4-28-10, Repealed ____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tasha Carter, Director of the Division of Consumer Services, Florida Department of Financial Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 10, 2015