5684605, 69O-220.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 5684605

Notice of Proposed Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

OIR – Insurance Regulation

Chapter:

ADJUSTERS

Overview

RULE:

69O-220.001	Pre-Qualification and Licensure of Emergency Adjusters (Repealed)
69O-220.051	Conduct of Public Adjusters (Repealed)
69O-220.201	Ethical Requirements (Repealed)

PURPOSE:

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 Consequently, this OIR rule chapter needs to be repealed.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.

RULEMAKING AUTHORITY:

626.874 FS.

LAW:

624.307(1) FS.

PRINT PUBLISH DATE:

5/30/2008 Vol. 34/22

COMMENTS:

From 5/30/2008 To 6/20/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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