15882894, 69J-8.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 15882894

Notice of Proposed Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of Consumer Services

Chapter:

Alternative Procedure for Resolution of Disputed Sinkhole Insurance Claims

Overview

RULE:

69J-8.002	Definitions
69J-8.004	Qualification and Certification of Neutral Evaluators (Repealed)
69J-8.006	Notice of Program
69J-8.007	Request for Evaluation
69J-8.008	Selection of Neutral Evaluator
69J-8.009	Evaluation Process

PURPOSE:

The proposed rulemaking repeals Rule 69J-8.004, F.A.C., because it is not needed since the standards for neutral evaluators are now in section 627.7074, F.S.  Subsection 69J-8.008(2), F.A.C., is amended to require insurers to contact claimants within 3 business days of notice of a request for neutral evaluation, and copy the department on the correspondence to the claimant.  Subsection (9) of section 69J-8.008, F.A.C., is added to impose a duty on neutral evaluators to disclose conflicts of interest within 3 business days of assignment.  Subsection (5) is added to Rule 69J-8.009, F.A.C., to require disclosure of professionals used by a neutral evaluator and conflicts of interest associated with those professionals.  Technical changes are also made.

SUMMARY:

Neutral evaluator standards are repealed because the standards are now set forth in statute.  A three business day limit is imposed on insurers to contact claimants after notice of a request for neutral evaluation.  The three business day deadline is also imposed on neutral evaluators to disclose conflicts of interest.  Disclosure of conflicts of interest with professionals used by a neutral evaluator is also required.

RULEMAKING AUTHORITY:

627.7074(18), F.S.

LAW:

627.7074, F.S.

PRINT PUBLISH DATE:

4/10/2015 Vol. 41/70

COMMENTS:

From 4/10/2015 To 5/1/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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