NOTICE OF PROPOSED RULE DEVELOPMENT DEPARTMENT OF FINANCIAL SERVICES

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NOTICE OF PROPOSED RULE DEVELOPMENT
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF INSURANCE AGENT AND AGENCY SERVICES
RULE:
RULE TITLE:
69B-220.051, F.A.C.
Conduct of Public Adjusters and Public Adjuster Apprentices.
PURPOSE AND EFFECT: The proposed rule establishes a presumption that the statutory requirement that a public
adjuster provides “prompt notice” of a claim to an insurer is satisfied if notice to the insurer is given within 5
business days after the date on which the contract for adjusting services with the insured was executed. Requiring
public adjusters to notify insurers of claims within a specified time period will assist insurers in the assessment and
timely settlement of such claims.
SUBJECT AREA: Timely Notice of Claim to Insurer by Public Adjuster: “Prompt Notice.”
RULEMAKING AUTHORITY: 624.308(1), 626.878, 626.9611(1), FS.
LAW IMPLEMENTED: 624.307(1), 626.112(1)(a), (3), 626.611, 626.852(2), 626.854, 626.8541, 626.8651,
626.8695(4), 626.878, 626.8795, 626.8796, 626.9541(1)(b), (i), FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE
DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE, AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, April 26, 2016 @ 10:00 AM
PLACE: Room 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: Jeffrey Young, telephone: (850)413-5630, email: [email protected]
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 DEVELOPMENT AND A COPY
OF THE PRELIMINARY DRAFT, IF AVAILABLE: Jeffrey Young, Regional Administrator, Bureau of
Investigation, Division of Insurance Agent and Agency Services, Department of Financial Services, address: 200
East Gaines Street, Tallahassee, Florida 32399-0320, telephone: (850)413-5630, email:
[email protected]
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THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
69B-220.051 Conduct of Public Adjusters and Public Adjuster Apprentices.
(1) through (3) No change.
(4) Advertising.
(a) PublicAs with all forms of advertising concerning the business of insurance, public adjusters shall not
falsely inform or advertise as described as set forth in paragraph Section 626.9541(1)(b), F.S., as well as any other
provisionssection within Parts I, VI and IX of Chapter 626, F.S., relatingthat relates to advertising.
(b) through (d) No change.
(5) and (6) No change.
(7) Upon entering into a contract for public adjusting services, the public adjuster must ensure that prompt
notice is given of the claim to the insurer. For this rule, the term “prompt notice” shall be presumed when notice is
given within 5 business days after the date on which the contract for services is executed.
(8) (7) A public adjuster shall not accept a settlement of a claim unless the terms and conditions of the
settlement are approved by the insured or claimant.
Rulemaking Authority 624.308(1), 626.878, 626.9611(1) FS. Law Implemented 624.307(1), 626.112(1)(a), (3), 626.611,
626.852(2), 626.854, 626.8541, 626.8651, 626.8695(4), 626.878, 626.8795, 626.8796, 626.9541(1)(b), (i) FS. History–New 4-2694, Amended 12-18-01, Formerly 4-220.051, Amended 3-27-05, 9-3-06, 1-5-15, _________.
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