This proposed rulemaking proceeding is necessary to address the invalidity of a portion of Rule 69O-166.031 “Mediation of Property Insurance Claims” as the result of the ruling in State Farm Florida Ins. Co v Unlimited Restoration Specialists, Inc., ...

 

DEPARTMENT OF FINANCIAL SERVICES

OIR – Insurance Regulation

RULE NO.:RULE TITLE:

69O-166.031Mediation of Property Insurance Claims

PURPOSE AND EFFECT: This proposed rulemaking proceeding is necessary to address the invalidity of a portion of Rule 69O-166.031, F.A.C. “Mediation of Property Insurance Claims” as the result of the ruling in State Farm Florida Ins. Co v Unlimited Restoration Specialists, Inc., 84 So. 3d 390 (Fla. 5th DCA 2012). The rule is also further amended to eliminate redundant language contained in the DFS rule governing the Mediation program.

SUBJECT AREA TO BE ADDRESSED: The rule governs the administrative requirements of Section 627.7015, F.S. regarding the mediation of residential and commercial property insurance claims. The Department of Financial Services administers the program and has adopted Rule 69J-166.031, F.A.C. This rule comprehensively addresses all aspects of the mediation program. OIR Rule 69O-166.031, F.A.C. at one point was identical to the DFS rule. Over time, the DFS rule has been amended and is not identical to the OIR rule. Much of the OIR rule is redundant and is not necessary. The revised rule is being amended to merely cross reference the DFS rule and maintain the penalty for an insurer’s failure to appear at the mediation conference.

RULEMAKING AUTHORITY: 624.308(1), 627.7015(4), FS.

LAW IMPLEMENTED: 624.307(1), 624.418(2)(a), 624.421(1)(a), 624.4211(1)-(3), 626.9541(1)(i), 626.9581(1), 627.7015, 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, February 24, 2015 at 9:30 a.m.

PLACE: 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: Stephen Fredrickson, Office of Insurance Regulation, E-mail [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: Stephen Fredrickson, Office of Insurance Regulation, E-mail: [e-mail].

 

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