69O-220.001: Pre-Qualification and Licensure of Emergency Adjusters
69O-220.051: Conduct of Public Adjusters
69O-220.201: Ethical Requirements
PURPOSE AND EFFECT: Repealing Chapter 69O-220, F.A.C., establishes the Department of Financial Services as the administrative agency responsible for regulating these laws, and eliminates confusion over whether the Office of Insurance Regulation or the Department of Financial Services is the regulatory agency for these issues.
SUMMARY: When the Department of Insurance (DOI) was reorganized into the Office of Insurance Regulation (OIR) and the Department of Financial Services (DFS), the regulation of insurance adjusters, Chapter 626, Part VI, F.S., was assigned to DFS. All DOI rules became rules of either DFS, OIR or both agencies. The rules regulating adjusters, rule Chapter 4-144, F.A.C., were assigned to both agencies, for joint administration.
The Office has determined that only DFS has regulatory authority over adjusters, pursuant to Chapter 626, Part VI, F.S.; OIR does not have any authority. Nor does the Commission have any authority to promulgate rules to regulate adjusters. Consequently, this OIR rule chapter needs to be repealed. DFS actively regulates the adjusters and has rules implementing the applicable statutes.
SUMMARY: Rule 69O-220.001, F.A.C., states default rules for licensure of emergency adjusters, including methods and timelines for filing applications. Rule 69O-220.051, F.A.C., declares policies and regulations regarding solicitation and advertising by public adjusters. Rule 69O-220.201, F.A.C., establishes a Code of Ethics for insurance adjusters, requiring disclosures of financial interests, unbiased reports, and equal treatment of claimants, among other obligations.
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: 626.874 FS.
LAW IMPLEMENTED: 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 26, 2008, 1:30 p.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: Laura Parsons, Assistant General Counsel, Office of Insurance Regulation, E-mail: Laura.Parsons@fldfs.com. 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: Laura Parsons, Assistant General Counsel, Office of Insurance Regulation, E-mail: Laura.Parsons@fldfs.com
THE FULL TEXT OF THE PROPOSED RULE IS:
69O-220.001 Pre-Qualification and Licensure of Emergency Adjusters.
Specific Authority 624.308(1) FS. Law Implemented 624.307(1), 626.8732, 626.8734 FS. HistoryNew 2-25-93, Amended 8-18-94, 1-7-97, 10-20-97, 1-9-03, Formerly 4-220.001, Repealed_________.
69O-220.051 Conduct of Public Adjusters.
Specific Authority 624.308(1), 626.9611 FS. Law Implemented 624.307(1), 626.112(1), 626.865(2), 626.874, 626.9541(1)(b), (i) FS. HistoryNew 4-26-94, Amended 12-18-01, Formerly 4-220.051, Repealed_________.
69O-220.201 Ethical Requirements.
Specific Authority 624.308, 626.878, 626.9611 FS. Law Implemented 624.307(1), 626.611, 626.621, 626.865(2), 626.878, 626.9541(1)(i) FS. HistoryNew 6-2-93, Amended 12-18-01, Formerly 4-220.201, Repealed_________.
