27336169, 69OER23-2 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 27336169

Notice of Emergency Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

OIR – Insurance Regulation

Overview

RULE:

69OER23-2

Claims-Handling Manuals

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

Section 18 of Chapter 2023-172, Laws of Florida, authorizes the Financial Services Commission  to promulgate emergency rules to implement the provision of the newly created Section 627.4108, F.S., which contains minimum requirements for claims-handling manuals, requirement that authorized residential property insurers annually attest and certify that their manuals meet the requirements of law, that they have adequate resources to implement those manuals, and will provide copies of the claims-handling manuals upon request. The bill is effective July 1, 2023, and the first attestation and certification required by the law must be filed by August 1, 2023 on a form provided by the Commission. The promulgation of this emergency rule ensures that authorized residential property insurers are notified in the most expedient and appropriate manner regarding the requirement to attest and certify that those insurers claims-handling manuals meet the requirements of law, the adoption of two new forms, and the ability of the public to access the forms free of charge from the Department.

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

The Legislature expressly authorized the promulgation of emergency rules to implement the provisions of Section 18 of Chapter 2023-172, Laws of Florida. Additionally, these emergency rules are the most expedient and appropriate means of notifying taxpayers of the provisions of Section 18 of Chapter 2023-172, Laws of Florida.

SUMMARY:

Emergency Rule 69OER23-2, creates a new rule in order to incorporate two forms required to implement the newly created Section 627.4108, F.S., regarding claims-handling manuals.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Kama Monroe, Assistant General Counsel, telephone (850)413-4121, email Kama.Monroe@floir.com.

PRINT PUBLISH DATE:

7/17/2023 Vol. 49/137

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=69OER23-2&PDate=7/17/2023&Section=4

REFERENCE MATERIALS:

No reference(s).

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