Notice of Declaratory Statement

Division of Insurance Agents and Agency Services
69B-220.201: Ethical Requirements
NOTICE IS HEREBY GIVEN THAT on December 6, 2010, the Department of Financial Services has issued an order disposing of the petition for declaratory statement filed by Mark D. Boardman on September 07, 2010. The following is a summary of the agency's disposition of the petition:
Notice of the Petition for Declaratory Statement was published October 15, 2010 in Vol. 36, No. 41 of the Florida Administrative Weekly. The following is a summary of the agency’s deposition of the petition: Petitioner, a licensed public adjuster, asks fifteen questions relating either generally or specifically to the adjusting of insurance claims. The Department declined to answer the majority of the questions as being inappropriate questions to be addressed in a declaratory statement, including questions concerning the conduct of others such as building contractors and insurance company employee adjusters, questions relating to the interpretation of a statute – the constitutionality of which is currently on appeal, and questions requesting the meaning of undefined words or phrases in statutes and rules that are not tied to the petitioner’s particular set of circumstances. The declaratory statement does advise the petitioner that the words “licensed insurance representative” as used in Rule 69B-220.201, Florida Administrative Code, includes company employee adjusters, independent adjusters and public adjusters. The declaratory statement further advises petitioner that, as a licensed public adjuster, he is required by the rule to report to the Department violations of the rule or insurance code by any licensed insurance representative, but he is not required by the rule or the Florida Insurance Code to report the suspected violation of a contractor to another entity.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Heather Lewis, Division of Legal Services, Room 624.2, Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333.