Notice of Declaratory Statement

Division of Insurance Agents and Agency Services
69B-220.201: Ethical Requirements
NOTICE IS HEREBY GIVEN THAT the Department of Financial Services, pursuant to Section 120.565, Florida Statutes, has issued an order disposing of the petition for declaratory statement filed by AmeriLoss Public Adjusting Corporation on November 19, 2009. The following is a summary of the agency's disposition of the petition:
The petition sought the agency’s opinion as to the applicability of Sections 626.854 and 626.878, Florida Statutes and subsection 69B-220.201(5), Florida Administrative Code, as they apply to the Petitioner. On February 16, 2010, the Department issued a Declaratory Statement in Case No.: 107950-09. The Declaratory Statement concluded that the cited rule is applicable to public adjusting contracts entered into between September 3, 2006 and October 1, 2008, and that the cited statute applies to public adjusting contracts entered into on and after October 1, 2008. The Declaratory Statement further concluded that neither the statute nor the rule create a private right of action for a consumer. The Declaratory Statement declined to address a question regarding compensation to appraisers since neither the statutes or the rule addresses appraisers.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Heather Lewis, Division of Legal Services, Department of Financial Services, 200 E. Gaines Street, Tallahassee, Florida 32399-0333 or or (850)413-4256.