Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Division of Insurance Agents and Agency Services
RULE NO.: RULE TITLE:
69B-157.003: Definition of Terms
69B-157.104: Policy Practices and Provisions
69B-157.105: Refund of Premium
69B-157.106: Required Disclosure Provisions
69B-157.107: Required Disclosure of Rating Practices to Consumers
69B-157.109: Prohibition Against Post-Claims Underwriting
69B-157.111: Reporting Requirements
69B-157.114: Filing Requirement - Out of State Groups
69B-157.118: Nonforfeiture Benefit Requirement
69B-157.120: Standard Format Outline of Coverage
PURPOSE AND EFFECT: These rules are being repealed since they are duplicative of their correspondingly numbered rule in Chapter 69O-157, F.A.C., which is administered by the Office of Insurance Regulation.
SUMMARY: These rules are being repealed.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Knowledge and experience of Department staff.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 624.308(1), 627.9407, 627.9408, 626.9611 FS.
LAW IMPLEMENTED: 624.307(1), 626.9541, 627.410, 627.603, 627.6043, 627.646, 627.6645, 627.9402, 627.9405, 627.9407 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: November 15, 2011, 10:00 a.m.
PLACE: Room 142, Larson Building, 200 E. Gaines Street, Tallahassee, FL
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: Cindy Benefield, (850)413-5404 or Cindy.Benefield@MyFloridaCFO.com. 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 IS: Cindy Benefield, Senior Management Analyst, Division of Insurance Agents and Agency Services, 200 E. Gaines Street, Tallahassee, FL 32399, (850)413-5404

THE FULL TEXT OF THE PROPOSED RULE IS:

69B-157.003 Definition of Terms.

Rulemaking Specific Authority 624.308(1), 627.9407(1) FS. Law Implemented 624.307(1), 627.9407 FS. History–New 5-17-89, Formerly 4-81.003, 4-157.003, Repealed________.

 

69B-157.104 Policy Practices and Provisions.

Rulemaking Specific Authority 624.308(1), 627.9407(1), (6), 627.9408 FS. Law Implemented 624.307(1), 627.410(6), 627.603, 627.646, 627.9402, 627.9405(2), 627.9407 FS. History–New 1-13-03, Formerly 4-157.104, Repealed________.

 

69B-157.105 Refund of Premium.

Rulemaking Specific Authority 624.308(1), 627.9407(1), (6), 627.9408 FS. Law Implemented 624.307(1), 627.6043, 627.6645, 627.9407 FS. History–New 1-13-03, Formerly 4-157.105, Repealed________.

 

69B-157.106 Required Disclosure Provisions.

Rulemaking Specific Authority 624.308(1), 627.9407(1), 627.9408 FS. Law Implemented 624.307(1), 627.6044, 627.9402, 627.9407, 627.94074 FS. History–New 1-13-03, Formerly 4-157.106, Repealed________.

 

69B-157.107 Required Disclosure of Rating Practices to Consumers.

Rulemaking Specific Authority 624.308(1), 627.9407(1), 626.9611 FS. Law Implemented 624.307(1), 626.9541(1)(a), (b), (k), 627.9402, 627.9407(1), 627.9408 FS. History–New 1-13-03, Formerly 4-157.108, Repealed________.

 

69B-157.109 Prohibition Against Post-Claims Underwriting.

Rulemaking Specific Authority 624.308(1), 626.9611, 627.9407(1), 627.9408 FS. Law Implemented 624.307(1), 626.9541(1)(a), (g), (i), (k), 627.9402, 627.9407(1), 627.9408 FS. History–New 1-13-03, Formerly 4-157.109, Repealed________.

 

69B-157.111 Reporting Requirements.

Rulemaking Specific Authority 624.308(1), 627.9407(1), 627.9408 FS. Law Implemented 624.307(1), 627.9402, 627.9407(1), 627.410(7) FS. History–New 1-13-03, Formerly 4-157.111, Repealed________.

 

69B-157.114 Filing Requirement – Out of State Groups.

Rulemaking Specific Authority 624.308(1), 627.9407(1), 627.9408 FS. Law Implemented 624.307(1), 627.410, 627.9402, 627.9406, 627.9407(1), (3), (4), (8), (9), 627.9408 FS. History–New 1-13-03, Formerly 4-157.114, Repealed________.

 

69B-157.118 Nonforfeiture Benefit Requirement.

Rulemaking Specific Authority 624.308(1), 627.9407(1), 627.9408 FS. Law Implemented 624.307(1), 627.410(6), 627.9402, 627.9407, 627.94072 FS. History–New 1-13-03, Formerly 4-157.118, Repealed________.

 

69B-157.120 Standard Format Outline of Coverage.

Rulemaking Specific Authority 624.308(1), 627.9407(1), 627.9408 FS. Law Implemented 624.307(1), 627.9402, 627.9407 FS. History– New 1-13-03, Formerly 4-157.120, Repealed________.

 


NAME OF PERSON ORIGINATING PROPOSED RULE: Greg Thomas, Director, Division of Insurance Agents and Agency Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 9, 2011