The purpose of this proceeding is to repeal rules applicable to the filing of civil remedy notices. The Department of Financial Services administers the requirements of section 624.155, F.S. The Office does not enforce the provisions of the filing ...

 

FINANCIAL SERVICES COMMISSION

OIR – Insurance Regulation

RULE NOS.:RULE TITLES:

69O-123.001Purpose

69O-123.002Procedure

PURPOSE AND EFFECT: The purpose of this proceeding is to repeal rules applicable to the filing of civil remedy notices. The Department of Financial Services administers the requirements of Section 624.155, F.S. The Office does not enforce the provisions of the filing requirements and accordingly the rule is not necessary. The Department of Financial Services implements the filing requirements of Section 624.155, F.S. by Rule 69J-123.002. F.A.C.

SUMMARY: Rule Chapter 69O-123, Florida Administrative Code, was promulgated to implement the provisions of Section 624.155, Florida Statutes. Section 624.155, Florida Statutes, permits any party to bring a civil action against an insurer when such person is damaged by a violation of certain enumerated provisions of the Florida Insurance Code. As a condition precedent to bringing an action under Section 624.155, Florida Statutes, the insured is required to give the Department of Financial Services 60 day written notice of the violation. The notice is required to be provided to the Department of Financial Services on a form provided by the Department and must include the statutory provision violated, the facts and circumstances giving rise to the violation and the name of any individual involved in the violation.

Section 624.155, Florida Statutes, gives the Department of Financial Services authority to enforce the statute and not the Office. As a result the Office does not have sufficient statutory authority to enforce the Rules contained in Rule Chapter 69O-123, F.A.C. and these rules should be repealed. Furthermore, the Department of Financial Services has developed its own rule and form to implement the provisions of Section 624.155, Florida Statutes.

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: Agency personnel familiar with the subject matter of the rule repeal have performed an economic analysis of the rule repeal that shows that the rule repeal is unlikely to have an adverse impact on the State economy in excess of the criteria established in Section 120.541(2)(a), Florida Statutes.

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) FS.

LAW IMPLEMENTED: 624.155, 624.307(1) 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: June 19, 2014, 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: Debra Seymour, 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 IS: Debra Seymour, Office of Insurance Regulation, E-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69O-123.001 Purpose.

Rulemaking Specific Authority 624.308(1) FS. Law Implemented 624.155, 624.307(1) FS. History–New 4-25-90, Formerly 4-103.001, 4-123.001, Repealed_________.

 

69O-123.002 Procedure.

Rulemaking Specific Authority 624.308(1) FS. Law Implemented 624.155 FS. History–New 4-25-90, Formerly 4-103.002, Amended 8-28-00, Formerly 4-123.002, Repealed_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Debra Seymour, Office of Insurance Regulation, E-mail: [e-mail]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: The Financial Services Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 22, 2014