12413689, 69OER12-01 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12413689

Notice of Emergency Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

OIR – Insurance Regulation

Overview

RULE:

69OER12-01

Emergency Adoption of Revised Notification of Personal Injury Protection Benefits Form

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The Financial Services Commission and the Office of Insurance Regulation (“Office”) hereby state that the following circumstances constitute an immediate danger to the public health, safety, or welfare: 
  The 2012 Legislature adopted substantial amendments to the Florida No-Fault Law (Sections 627.730 – 627.7405, F.S.), hereinafter referred to as the PIP Law, which modified the personal injury protection benefits available to an insured consumer on or after January 1, 2013. Section 627.7401, F.S. requires the Financial Services Commission to adopt by rule the form that must be provided to consumers when they file a claim. The revised form will allow the timely compliance with Florida law that requires all insurers that write PIP insurance in this state to provide the consumer that has filed a claim on a policy, issued in compliance with the revised law, with proper notification of the benefits available. Requiring the utilization of the new form will prevent consumer confusion as to the new benefits that will be available pursuant to the revised PIP Law.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The Financial Services Commission believes that adopting an emergency rule is the fairest method to protect the public to assure that insureds are timely notified of their PIP Benefits as required by Florida Law. Furthermore rulemaking proceedings are being pursued to adopt the Notification of PIP Rights form on a permanent basis and interested parties will have an opportunity to participate in the standard rulemaking process.  An Office bulletin addressed to all regulated persons and insurers would reach them, but would not be legally binding.  A permanent rule would not have the flexibility and immediacy to protect the public welfare. 
In consideration of the emergency conditions currently existing, and given the Office’s responsibility to protect the public interest and implement the Insurance Code, an emergency rule is necessary.

SUMMARY:

Emergency Rule 69OER12-01 requires  insurers writing PIP insurance policies issued or renewed on or after January 1, 2013,  in accordance with Chapter 2012-197,Laws of Florida, to utilize  Form OIR-ER1-1149(New 1-1-2013) ”Notification of Personal Injury Protection Benefits”.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Michelle Brewer, Office of Insurance Regulation, Email Michelle.Brewer@floir.com.

PRINT PUBLISH DATE:

12/20/2012 Vol. 38/95

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=69OER12-01&PDate=12/20/2012&Section=4

REFERENCE MATERIALS:

No reference(s).

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