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have sufficient statutory authority to enforce the Rules contained in Rule Chapter 69O-123 and these rules should be repealed.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.