reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-8 - ALTERNATIVE PROCEDURE FOR RESOLUTION OF DISPUTED SINKHOLE INSURANCE CLAIMS › Section 69J-8.011 - Neutral Evaluator's Report

Current through Reg. 50, No. 138; July 16, 2024
Within 14 days after the conclusion of the conference, the
				  neutral evaluator shall submit a report which shall contain the information
				  required by Section  627.7074(2),
				  F.S. The neutral evaluator shall complete the Neutral Evaluator's Report, Form
				  Number DFS-I4-1785,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03424
(Revised: 10/2013), online at the following website:
http://www.myfloridacfo.com/Division/Consumers/understandingCoverage/Guides/documents/NeutralEvaluatorReportDFS-I4-1785.pdf
,
				  which is hereby incorporated by reference. Once the neutral evaluator has
				  completed the report, the neutral evaluator shall print the report and provide
				  it to the parties within the required 14 days.
Rulemaking Authority
					 627.7074(18)
					 FS. Law Implemented 627.7074
					 FS.
New 11-4-07, Amended
					 12-26-13.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-9 - DATA BASE OF INFORMATION RELATING TO SINKHOLES › Section 69J-9.001 - Database of Information Relating to Sinkholes (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.7065(6) FS.
					 Law Implemented 627.706,
					 627.7065
					 FS.
New 4-28-10, Repealed
					 4-13-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-10 - GOVERNMENT EFFICIENCY › Section 69J-10.001 - Governmental Efficiency Program

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				following definitions are applicable to this rule:
(a) "Agency" means each department, agency,
				board, and commission in the executive branch, the judicial branch and the
				legislative branch of Florida government and includes the State University
				System.
(b) "Suggestion" means the
				information received on the Get Lean hotline or Get Lean Florida website that
				relates to a specific government agency.
(c) "Suggestion Criteria" means those
				suggestions that improve the operation of government, increase government
				efficiency, or eliminate waste in government.
1. "Improve the Operation of Government"
				means to suggest a change that would reduce the cost or time it takes for an
				agency to provide a service pertaining to a new or existing contract and issues
				relating to the purchase of goods and services.
2. "Increase Government Efficiency" means to
				suggest a change that would increase productivity and improve the quality of
				services by identifying the misuse of state property and government
				resources.
3. "Eliminate Waste in
				Government" means to suggest a change that would reduce the cost or time it
				takes for an agency to provide a service by identifying wasteful practices or
				behavior resulting in savings to the State of Florida.
(d) "Get Lean Florida Website" means the
				Chief Financial Officer's secured website to provide residents with information
				about the Get Lean hotline and to provide an alternative contact method for
				initiating a Get Lean hotline suggestion.
(e) "Get Lean Data Base" means the
				information that is captured to establish a Get Lean suggestion. Such data
				shall be used by the Chief Financial Officer to prepare reports and track
				suggestions.
(f) "Agency Contact"
				means the agency contact person that is designated to receive the Get Lean
				suggestions for evaluation and response.
(g) "Get Lean Agency Response Program" means
				the Chief Financial Officer's secured internet website that shall be used to
				send Get Lean suggestions to an agency and to allow reporting by the affected
				agency back to the Chief Financial Officer.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-123 - PROCEDURES › Section 69J-123.002 - Civil Remedy Notice

Current through Reg. 50, No. 138; July 16, 2024
(1) The civil
				remedy notice required by section
				 624.155, F.S., shall be
				electronically submitted on Form DFS-10-363, "Civil Remedy Notice of Insurer
				Violation," (Effective 10-14-08), which is hereby adopted and incorporated by
				reference. The form shall be submitted to the Department of Financial Services,
				Bureau of Consumer Assistance, through the website at
https://apps.fldfs.com/civilremedy
.
				No fee is required.
(2) Authorized
				insurer reports to the Department as required by section
				 624.155(3)(e),
				F.S., regarding the disposition of the alleged violation shall be
				electronically added to the existing Form DFS-10-363 specific to the notice
				being addressed.
(3) Any written
				communications between the parties to the civil remedy notice, which are
				intended for inclusion in the Department's electronic record, shall be
				electronically added to the existing Form DFS-10-363 specific to the notice
				being addressed.
Rulemaking Authority
					 624.308(1) FS.
					 Law Implemented 624.307,
					 624.155(3)(b)
					 FS.
New 10-14-08, Amended
					 12-27-09.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-123 - PROCEDURES › Section 69J-123.003 - Property Insurance Intent to Initiate Litigation Notice

Current through Reg. 50, No. 138; July 16, 2024
The notice of intent to initiate litigation required by
				  Section  627.70152, F.S., shall be
				  electronically submitted to the Department on Form DFS-I0-1600, Property
				  Insurance Intent to Initiate Litigation Notice, (Effective 01/23), which is
				  hereby incorporated by reference. The Property Insurance Intent to Initiate
				  Litigation Notice is available for electronic submission through the
				  Department's website at
https://piitil.myfloridacfo.gov
and is also available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-14987
.
Rulemaking Authority
					 624.308,
					 627.70152 FS. Law Implemented
					 627.70152
					 FS.
New 2-13-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.001 - Purpose and Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. This
				rule governs the treatment of nonpublic personal health information and
				nonpublic personal financial information about individuals by all licensees
				regulated pursuant to the Florida Insurance Code. In addition, the provisions
				of this rule chapter are applicable to a licensee domiciled in this state that
				engages in activities with respect to persons residing or domiciled in another
				state that has not enacted laws or regulations necessary to comply with the
				requirements of the Gramm-Leach-Bliley Act (PL 102-106). These rules:
(a) Require a licensee to provide notice to
				individuals about its privacy policies and practices;
(b) Describe the conditions under which a
				licensee may disclose nonpublic personal health information and nonpublic
				personal financial information about individuals to affiliates and
				nonaffiliated third parties; and
(c) Provide methods for individuals to
				prevent a licensee from disclosing that information.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in these rules, unless the context requires
				  otherwise:
(1) "Affiliate" means a
				company that controls, is controlled by or is under common control with another
				company.
(2)
(a) "Clear and conspicuous" means that a
				notice is reasonably understandable and designed to call attention to the
				nature and significance of the information in the notice.
(b) Examples.
1. Reasonably understandable. A licensee
				makes its notice reasonably understandable if it:
a. Presents the information in the notice in
				clear, concise sentences, paragraphs and sections;
b. Uses short explanatory sentences or bullet
				lists whenever possible;
c. Uses
				definite, concrete, everyday words and active voice whenever
				possible;
d. Avoids multiple
				negatives;
e. Avoids legal and
				highly technical business terminology whenever possible; and
f. Avoids explanations that are imprecise and
				readily subject to different interpretations.
2. Designed to call attention. A licensee
				designs its notice to call attention to the nature and significance of the
				information in it if the licensee:
a. Uses a
				plain-language heading to call attention to the notice;
b. Uses a typeface and type size that are
				easy to read;
c. Provides wide
				margins and ample line spacing;
d.
				Uses boldface or italics for key words; and
e. In a form that combines the licensee's
				notice with other information, uses distinctive type size, style, and graphic
				devices, such as shading or sidebars.
3. Notices on web sites. If a licensee
				provides a notice on a web page, the licensee designs its notice to call
				attention to the nature and significance of the information in it if the
				licensee uses text or visual cues to encourage scrolling down the page if
				necessary to view the entire notice and ensure that other elements on the web
				site, such as text, graphics, hyperlinks or sound, do not distract attention
				from the notice, and the licensee either:
a.
				Places the notice on a screen that consumers frequently access, such as a page
				on which transactions are conducted; or
b. Places a link on a screen that consumers
				frequently access, such as a page on which transactions are conducted, that
				connects directly to the notice and is labeled appropriately to convey the
				importance, nature and relevance of the
				notice.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.005 - Initial Privacy Notice to Consumers Required

Current through Reg. 50, No. 138; July 16, 2024
(1) Initial notice requirement. A licensee
				shall provide a clear and conspicuous notice that accurately reflects its
				privacy policies and practices to:
(a)
				Customer. An individual who becomes the licensee's customer, not later than
				when the licensee establishes a customer relationship, except as provided in
				subsection (5) of this rule; and
(b) Consumer. A consumer, before the licensee
				discloses any nonpublic personal financial information about the consumer to
				any nonaffiliated third party, if the licensee makes a disclosure other than as
				authorized by rules  69J-128.015 and
				 69J-128.016,
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.006 - Annual Privacy Notice to Customers Required

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a)
				General rule. A licensee shall provide a clear and conspicuous notice to
				customers that accurately reflects its privacy policies and practices not less
				than annually during the continuation of the customer relationship. Annually
				means at least once in any period of 12 consecutive months during which that
				relationship exists. A licensee may define the twelve consecutive month period,
				but the licensee shall apply it to the customer on a consistent
				basis.
(b) Example. A licensee
				provides a notice annually if it defines the twelve-consecutive-month period as
				a calendar year and provides the annual notice to the customer once in each
				calendar year following the calendar year in which the licensee provided the
				initial notice. For example, if a customer opens an account on any day of year
				1, the licensee shall provide an annual notice to that customer by December 31
				of year 2.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.007 - Information to be Included in Privacy Notices

Current through Reg. 50, No. 138; July 16, 2024
(1) General rule. The initial, annual and
				revised privacy notices that a licensee provides under rules
				69J-128.005,
				 69J-128.006 and
				 69J-128.009, F.A.C., shall
				include each of the following items of information, in addition to any other
				information the licensee wishes to provide, that applies to the licensee and to
				the consumers to whom the licensee sends its privacy notice:
(a) The categories of nonpublic personal
				financial information that the licensee collects;
(b) The categories of nonpublic personal
				financial information that the licensee discloses;
(c) The categories of affiliates and
				nonaffiliated third parties to whom the licensee discloses nonpublic personal
				financial information, other than those parties to whom the licensee discloses
				information under rules
				 69J-128.015 and
				 69J-128.016, F.A.C.;
(d) The categories of nonpublic personal
				financial information about the licensee's former customers that the licensee
				discloses and the categories of affiliates and nonaffiliated third parties to
				whom the licensee discloses nonpublic personal financial information about the
				licensee's former customers, other than those parties to whom the licensee
				discloses information under rules
				 69J-128.015 and
				69J-128.016, F.A.C.;
(e) If a licensee discloses nonpublic
				personal financial information to a nonaffiliated third party under rule
				 69J-128.014, F.A.C. (and no
				other exception in rules
				 69J-128.015 and
				69J-128.016, F.A.C., applies to
				that disclosure), a separate description of the categories of information the
				licensee discloses and the categories of third parties with whom the licensee
				has contracted;
(f) An explanation
				of the consumer's right under subsection
				 69J-128.011(1),
				F.A.C., to opt out of the disclosure of nonpublic personal financial
				information to nonaffiliated third parties, including the methods by which the
				consumer may exercise that right at that time;
(g) Any disclosures that the licensee makes
				under Section 603(d)(2)(A)(iii) of the federal Fair Credit Reporting Act
				(15 U.S.C.
				1681a(d)(2)(A)(iii)) (that
				is, notices regarding the ability to opt out of disclosures of information
				among affiliates);
(h) The
				licensee's policies and practices with respect to protecting the
				confidentiality and security of nonpublic personal information; and
(i) Any disclosure that the licensee makes
				under subsection (2) of this rule.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.008 - Form of Opt Out Notice to Consumers and Opt Out Methods

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a)
				Form of opt out notice. If a licensee is required to provide an opt out notice
				under subsection  69J-128.011(1),
				F.A.C., it shall provide a clear and conspicuous notice to each of its
				consumers that accurately explains the right to opt out under that rule. The
				notice shall state:
1. That the licensee
				discloses or reserves the right to disclose nonpublic personal financial
				information about its consumer to a nonaffiliated third party;
2. That the consumer has the right to opt out
				of that disclosure; and
3. A
				reasonable means by which the consumer may exercise the opt out
				right.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.009 - Revised Privacy Notices

Current through Reg. 50, No. 138; July 16, 2024
(1) General
				rule. Except as otherwise authorized in these rules, a licensee shall not,
				directly or through an affiliate, disclose any nonpublic personal financial
				information about a consumer to a nonaffiliated third party other than as
				described in the initial notice that the licensee provided to that consumer
				under rule  69J-128.005, F.A.C., unless:
(a) The licensee has provided to the consumer
				a clear and conspicuous revised notice that accurately describes its policies
				and practices;
(b) The licensee has
				provided to the consumer a new opt out notice;
(c) The licensee has given the consumer a
				reasonable opportunity, before the licensee discloses the information to the
				nonaffiliated third party, to opt out of the disclosure; and
(d) The consumer does not opt
				out.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.010 - Delivery

Current through Reg. 50, No. 138; July 16, 2024
(1) How to provide notices. A licensee shall
				provide any notices that this rule requires so that each consumer can
				reasonably be expected to receive actual notice in writing or, if the consumer
				agrees, electronically.
(2)
(a) Examples of reasonable expectation of
				actual notice. A licensee may reasonably expect that a consumer will receive
				actual notice if the licensee:
1.
				Hand-delivers a printed copy of the notice to the consumer;
2. Mails a printed copy of the notice to the
				last known address of the consumer separately, or in a policy, billing or other
				written communication;
3. For a
				consumer who conducts transactions electronically, posts the notice on the
				electronic site and requires the consumer to acknowledge receipt of the notice
				as a necessary step to obtaining a particular insurance product or service;
				or
4. For an isolated transaction
				with a consumer, such as the licensee providing an insurance quote or selling
				the consumer travel insurance, posts the notice and requires the consumer to
				acknowledge receipt of the notice as a necessary step to obtaining the
				particular insurance product or service.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.011 - Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) Conditions for disclosure. Except as
				otherwise authorized in these rules, a licensee may not, directly or through
				any affiliate, disclose any nonpublic personal financial information about a
				consumer to a nonaffiliated third party unless:
1. The licensee has provided to the consumer
				an initial notice as required under rule
				 69J-128.005, F.A.C.;
2. The licensee has provided to the consumer
				an opt out notice as required in rule
				 69J-128.008, F.A.C.;
3. The licensee has given the consumer a
				reasonable opportunity, before it discloses the information to the
				nonaffiliated third party, to opt out of the disclosure; and
4. The consumer does not opt out.
An agent may not disclose a consumer's nonpublic personal
				  financial information to appointing insurers to shop for insurance products or
				  services other than those initially requested by the consumer unless such
				  disclosure meets the requirements of subparagraphs
				   69J-128.011(1)(a) 
				  1.-4., F.A.C., or the conditions set forth in subsection
				   69J-128.015(1),
				  F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.012 - Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) Information the licensee receives under
				an exception. If a licensee receives nonpublic personal financial information
				from a nonaffiliated financial institution under an exception in rule
				 69J-128.015 or
				 69J-128.016, F.A.C., the
				licensee's disclosure and use of that information is limited as follows:
1. The licensee may disclose the information
				to the affiliates of the financial institution from which the licensee received
				the information;
2. The licensee
				may disclose the information to its affiliates, but the licensee's affiliates
				may, in turn, disclose and use the information only to the extent that the
				licensee may disclose and use the information; and
3. The licensee may disclose and use the
				information pursuant to an exception in rule
				 69J-128.015 or
				 69J-128.016, F.A.C., in the
				ordinary course of business to carry out the activity covered by the exception
				under which the licensee received the information.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.013 - Limits on Sharing Account Number Information for Marketing Purposes

Current through Reg. 50, No. 138; July 16, 2024
(1) General prohibition on disclosure of
				account numbers. A licensee shall not, directly or through an affiliate,
				disclose, other than to a consumer reporting agency, a policy number or similar
				form of access number or access code for a consumer's policy or transaction
				account to any nonaffiliated third party for use in telemarketing, direct mail
				marketing or other marketing through electronic mail to the consumer.
(2) Exceptions. Subsection (1) of this rule
				does not apply if a licensee discloses a policy number or similar form of
				access number or access code:
(a) To the
				licensee's service provider solely in order to perform marketing for the
				licensee's own products or services, as long as the service provider is not
				authorized to directly initiate charges to the account;
(b) To a licensee who is a producer solely in
				order to perform marketing for the licensee's own products or services;
				or
(c) To a participant in an
				affinity or similar program where the participants in the program are
				identified to the customer when the customer enters into the
				program.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.014 - Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing

Current through Reg. 50, No. 138; July 16, 2024
(1) General rule.
(a) The opt out requirements in rules
				 69J-128.008 and
				 69J-128.011, F.A.C., do not
				apply when a licensee provides nonpublic personal financial information to a
				nonaffiliated third party to perform services for the licensee or functions on
				the licensee's behalf, if the licensee:
1.
				Provides the initial notice in accordance with rule
				 69J-128.005, F.A.C.;
				and
2. Enters into a contractual
				agreement with the third party that prohibits the third party from disclosing
				or using the information other than to carry out the purposes for which the
				licensee disclosed the information, including use under an exception in rule
				 69J-128.015 or  69J-128.016, F.A.C., in the
				ordinary course of business to carry out those purposes.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.015 - Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions

Current through Reg. 50, No. 138; July 16, 2024
(1) Exceptions for processing transactions at
				consumer's request. The requirements for initial notice in paragraph
				 69J-128.005(1)(b),
				F.A.C., the opt out in rules
				 69J-128.008 and
				 69J-128.011, F.A.C., and service
				providers and joint marketing in rule
				 69J-128.014, F.A.C., do not
				apply if the licensee discloses nonpublic personal financial information as
				necessary to effect, administer or enforce a transaction that a consumer
				requests or authorizes, or in connection with:
(a) Servicing or processing an insurance
				product or service that a consumer requests or authorizes;
(b) Maintaining or servicing the consumer's
				account with a licensee, or with another entity as part of a private label
				credit card program or other extension of credit on behalf of such
				entity;
(c) A proposed or actual
				securitization, secondary market sale (including sales of servicing rights) or
				similar transaction related to a transaction of the consumer; or
(d) Reinsurance or stop loss or excess loss
				insurance.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.018 - Authorizations

Current through Reg. 50, No. 138; July 16, 2024
(1) A valid authorization to disclose
				nonpublic personal health information pursuant to this Part shall be in written
				or electronic form and shall contain all of the following:
(a) The identity of the consumer or customer
				who is the subject of the nonpublic personal health information;
(b) A general description of the types of
				nonpublic personal health information to be disclosed;
(c) General descriptions of the parties to
				whom the licensee discloses nonpublic personal health information, the purpose
				of the disclosure and how the information will be used;
(d) The signature of the consumer or customer
				who is the subject of the nonpublic personal health information or the
				individual who is legally empowered to grant authority and the date signed;
				and
(e) Notice of the length of
				time for which the authorization is valid and that the consumer or customer may
				revoke the authorization at any time and the procedure for making a
				revocation.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.019 - Authorization Request Delivery

Current through Reg. 50, No. 138; July 16, 2024
A request for authorization and an authorization form may be
				  delivered to a consumer or a customer as part of an opt-out notice pursuant to
				  rule  69J-128.010, F.A.C., provided
				  that the request and the authorization form are clear and conspicuous. An
				  authorization form is not required to be delivered to the consumer or customer
				  or included in any other notices unless the licensee intends to disclose
				  protected health information pursuant to subsection
				   69J-128.017(1),
				  F.A.C.
Rulemaking Authority
					 624.308,
					 626.9651 FS. Law Implemented
					 624.307(1),
					 626.9651
					 FS.
New 12-16-01, Formerly 4-128.019,
					 69B-128.019.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.020 - Relationship to Federal Rules

Current through Reg. 50, No. 138; July 16, 2024
(1) If the
				Office of Insurance Regulation determines that a health insurer or health
				maintenance organization licensed by the Office of Insurance Regulation is in
				compliance with, or is actively undertaking compliance with, the consumer
				privacy protection rules adopted by the United States Department of Health and
				Human Services in conformance with the Health Insurance Portability and
				Affordability Act, (except for its effective date provision) the licensee shall
				be considered to be in compliance with this Part.
(2) Effective April 14, 2003, with respect to
				health insurance coverage issued by a health insurer or contracts issued by a
				health maintenance organization, such licensees must be in actual compliance
				with the Health and Human Services rules in order to be considered in
				compliance with this Part. As of such date, any other licensee that would
				satisfy the requirements of the HHS rules if it were subject to such rules will
				be considered to be in compliance with this Part.
Rulemaking Authority
					 624.308,
					 626.9651 FS. Law Implemented
					 624.307(1),
					 626.9651
					 FS.
New 12-16-01, Formerly 4-128.020,
					 69B-128.020.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.021 - Relationship to State Laws

Current through Reg. 50, No. 138; July 16, 2024
Nothing in this Part shall preempt or supersede existing
				  state law related to medical records, health or insurance information
				  privacy.
Rulemaking Authority
					 624.308,
					 626.9651 FS. Law Implemented
					 624.307(1),
					 626.9651
					 FS.
New 12-16-01, Formerly 4-128.021,
					 69B-128.021.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.022 - Protection of Fair Credit Reporting Act

Current through Reg. 50, No. 138; July 16, 2024
Nothing in these rules shall be construed to modify, limit or
				  supersede the operation of the federal Fair Credit Reporting Act (15 U.S.C.
				  1681 et seq.), and no inference shall be
				  drawn on the basis of the provisions of these rules regarding whether
				  information is transaction or experience information under Section 603 of that
				  Act.
Rulemaking Authority
					 624.308,
					 626.9651 FS. Law Implemented
					 624.307(1),
					 626.9651
					 FS.
New 12-16-01, Formerly 4-128.022,
					 69B-128.022.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.023 - Nondiscrimination

Current through Reg. 50, No. 138; July 16, 2024
(1) A licensee shall not unfairly
				discriminate against any consumer or customer because that consumer or customer
				has opted out from the disclosure of his or her nonpublic personal financial
				information pursuant to the provisions of these rules.
(2) A licensee shall not unfairly
				discriminate against a consumer or customer because that consumer or customer
				has not granted authorization for the disclosure of his or her nonpublic
				personal health information pursuant to the provisions of these
				rules.
Rulemaking Authority
					 624.308,
					 626.9651 FS. Law Implemented
					 624.307(1),
					 626.9651
					 FS.
New 12-16-01, Formerly 4-128.023,
					 69B-128.023.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.024 - Effective Date (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308,
					 626.9651 FS. Law Implemented
					 624.307(1),
					 626.9651
					 FS.
New 12-16-01, Formerly 4-128.024, 69B-128.024, Repealed
					 10-10-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.025 - Confidentiality of Personal Financial and Health Information Pursuant to Section 624.23, F.S. (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1) FS.
					 Law Implemented 624.23,
					 624.307(1)
					 FS.
New 10-21-02, Formerly 4-128.025, 69B-128.025, Repealed
					 5-7-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.030 - Preamble

Current through Reg. 50, No. 138; July 16, 2024
(1) These rules establish standards for
				developing and implementing administrative, technical and physical safeguards
				to protect the security, confidentiality, and integrity of customer
				information, pursuant to Sections 501, 505(b), and 507 of the
				Gramm-Leach-Bliley Act, codified at
				15 U.S.C.
				6801,
				6805(b) and
				6807.
(2)
(a)
				Section 501(a) provides that it is the policy of the Congress that each
				financial institution has an affirmative and continuing obligation to respect
				the privacy of its customers and to protect the security and confidentiality of
				those customers' nonpublic personal information.
(b) Section 501(b) requires the state
				insurance regulatory authorities to establish appropriate standards for the
				financial institutions under their jurisdiction relating to administrative,
				technical, and physical safeguards:
1. To
				ensure the security and confidentiality of customer records and
				information;
2. To protect against
				any anticipated threats or hazards to the security or integrity of such
				records; and
3. To protect against
				unauthorized access to or use of records or information that could result in
				substantial harm or inconvenience to a customer.
(c) Section 505(b)(2) requires state
				insurance regulatory authorities to implement the standards prescribed under
				Section 501(b) by rule with respect to persons engaged in providing
				insurance.
(d) Section 507
				provides, among other things, that a state regulation may afford persons
				greater privacy protections than those provided by subtitle A of Title V of the
				Gramm-Leach-Bliley Act.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.031 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For purposes of this Part, the following definitions
				  apply:
(1) "Customer" means a customer
				of the licensee as the term customer is defined in subsection
				 69J-128.002(8),
				F.A.C.
(2) "Customer information"
				means nonpublic personal information as defined in subsection
				 69J-128.002(18),
				F.A.C., about a customer, whether in paper, electronic, or other form, that is
				maintained by or on behalf of the licensee.
(3) "Customer information systems" means the
				electronic or physical methods used to access, collect, store, use, transmit,
				protect, or dispose of customer information.
(4) "Licensee" means a licensee as that term
				is defined in subsection
				 69J-128.002(16),
				F.A.C., except that "licensee" shall not include: a purchasing group, or an
				unauthorized insurer in regard to the surplus line business conducted pursuant
				to section  626.938, F.S.
(5) "Service provider" means a person that
				maintains, processes, or otherwise is permitted access to customer information
				through its provision of services directly to the
				licensee.
Rulemaking Authority
					 624.308(1),
					 626.9651 FS. Law Implemented
					 624.307(1),
					 626.9651
					 FS.
New 12-8-02, Formerly 4-128.031,
					 69B-128.031.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.032 - Information Security Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				licensee shall implement a comprehensive written information security program
				that includes administrative, technical, and physical safeguards for the
				protection of customer information.
(2) The administrative, technical, and
				physical safeguards included in the information security program shall be
				appropriate to the size and complexity of the licensee and the nature and scope
				of its activities.
Rulemaking Authority
					 624.308(1),
					 626.9651 FS. Law Implemented
					 624.307(1),
					 626.9651
					 FS.
New 12-8-02, Formerly 4-128.032,
					 69B-128.032.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.033 - Objectives of Information Security Program

Current through Reg. 50, No. 138; July 16, 2024
A licensee's information security program shall be designed
				  to:
(1) Ensure the security and
				confidentiality of customer information;
(2) Protect against any anticipated threats
				or hazards to the security or integrity of the information; and
(3) Protect against unauthorized access to or
				use of the information that could result in substantial harm or inconvenience
				to any customer.
Rulemaking Authority
					 624.308(1),
					 626.9651 FS. Law Implemented
					 624.307(1),
					 626.9651
					 FS.
New 12-8-02, Formerly 4-128.033,
					 69B-128.033.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.034 - Examples of Methods of Development and Implementation

Current through Reg. 50, No. 138; July 16, 2024
The following actions and procedures are examples of methods
				  of implementation of the requirements of rules
				   69J-128.032 and
				   69J-128.033, F.A.C. These
				  examples are non-exclusive illustrations of actions and procedures that
				  licensees may follow to implement rules
				   69J-128.032 and
				   69J-128.033, F.A.C.
(1) Assess Risk. The licensee:
(a) Identifies reasonably foreseeable
				internal or external threats that could result in unauthorized disclosure,
				misuse, alteration, transmission, or destruction of customer information or
				customer information systems;
(b)
				Assesses the likelihood and potential damage of these threats, taking into
				consideration the sensitivity of customer information; and
(c) Assesses the sufficiency of policies,
				procedures, customer information systems, and other safeguards in place to
				control risks.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-128 - PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 69J-128.035 - Effective Date (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 626.9651 FS. Law Implemented
					 624.307(1),
					 626.9651
					 FS.
New 12-8-02, Formerly 4-128.035, 69B-128.035, Repealed
					 11-19-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-137 - HOLOCAUST VICTIMS ASSISTANCE PROGRAM › Section 69J-137.010 - Holocaust Victims Assistance Report and Standards of Proof

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose and Scope. This rule implements
				section  626.9543, F.S. The "Holocaust
				Victims Assistance Act" was established to ensure that the potential and actual
				insurance claims, actual financial claims, and the assets and property of
				holocaust victims and their heirs and beneficiaries be expeditiously identified
				and properly paid, compensated, or returned. This rule establishes the
				procedure by which:
(a) An insurer must file
				a report relating to the insurance claims of Holocaust victims or insureds, or
				their heirs, descendants, or beneficiaries with the Department;
(b) The method by which the Department will
				monitor and verify compliance with the provisions of subsections (7) and (8) of
				section  626.9543, F.S.; and
(c) The standards of proof necessary to
				substantiate a claim against an insurer pursuant to paragraph
				 626.9543(5)(b),
				F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-166 - PROPERTY INSURANCE CLAIMS › Section 69J-166.031 - Mediation of Residential Property Insurance Claims

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose and Scope. This rule implements
				Section  627.7015, F.S. The program
				established under this rule is prompted by the critical need for effective,
				fair, and timely handling of residential property claims. This program is
				available to all first-party claimants and insurers prior to commencing the
				appraisal process set forth in their policies or commencing litigation. The
				program is also available to litigants referred to the Department from Circuit
				or County court. For claims which have not previously been mediated under any
				Department mediation program, the mediation procedures described in this rule
				are available to all residential property claims for property located in the
				State of Florida. This rule does not apply to commercial insurance, private
				passenger motor vehicle insurance, or to liability coverage contained in
				property insurance policies. This program does not apply to policies issued
				under the National Flood Insurance Program established under the National Flood
				Insurance Act of 1968. Commercial residential insurance claims can be mediated
				pursuant to Rule  69J-166.002, F.A.C. Before
				resorting to these procedures, policyholders and insurers are encouraged to
				resolve claims as quickly and fairly as possible.
(2) Definitions. The following definitions
				shall apply for purposes of this rule:
(a)
				"Administrator" means the Department or its designee.
(b) "Mediator" means an individual selected
				by the Department pursuant to Chapter 69B-250, F.A.C.
(c) "Claim".
1. "Claim" refers to any dispute between the
				insurer and policyholder relating to a material issue of fact other than:
a. A dispute as to which the insurer has
				reported allegations of fraud, based on an investigation by the insurer's
				special investigative unit, to the Department's Division of Investigative and
				Forensic Services; or
b. A dispute
				where, based upon agreed facts as to the cause of loss, there is no coverage
				under the policy.
2.
				Unless the parties agree to mediate a claim involving a lesser amount, a claim
				involves the policyholder requesting $500 or more to settle the dispute, or the
				difference between the positions of the parties is $500 or more, either of
				which is notwithstanding of any applicable deductible.
3. A policy must have been in effect at the
				time of the loss to qualify as a claim.
(d) "Complainant" refers to the party
				requesting mediation.
(e)
				"Department" means the Department of Financial Services.
(f) "Department office" means a designated
				office of the Division of Consumer Services, Department of Financial
				Services.
(g) "Party" or "Parties"
				means the policyholder and his or her insurer, including Citizens Property
				Insurance Corporation, when applicable.
(h) "Respondent" refers to the party not
				first requesting mediation.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-176 - MEDIATION OF BODILY INJURY AND PROPERTY DAMAGE CLAIMS › Section 69J-176.022 - Mediation of Bodily Injury and Property Damage Claims

Current through Reg. 50, No. 138; July 16, 2024
(1) Scope of rule. This rule implements
				section  627.745, F.S., and applies to
				any claim filed with an insurer for bodily injury in an amount of $10,000 or
				less or any claim for property damage in any amount, arising out of the
				ownership, operation, use, or maintenance of a motor vehicle when a party
				demands mediation before a lawsuit has been filed.
(2) Definitions. The following definitions
				shall apply for purposes of this rule:
(a)
				"Complainant" refers to the party requesting mediation of a claim.
(b) "Complete request for mediation" means
				that the complainant has requested mediation by filing Form DFS-I0-510,
				"Automobile Mediation Request Form," rev. 8/15, with the Department and the
				respondent and complainant have paid their share of the costs of mediation
				pursuant to paragraph (3)(b), below.
(c) "Department" means the Department of
				Financial Services or its designee.
(d) "Respondent" means the party not
				initiating the request for mediation.
(e) "Service office" means a designated
				office of the Department of Financial Services.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-1 - GENERAL APPLICATION AND LICENSURE REQUIREMENTS › Section 69K-1.002 - Fingerprint Requirement and Waiver

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Each person and entity applying for a license under chapter 497, F.S., shall
				submit fingerprints to the Department for a criminal history report as part of
				the license application process as follows:
(a) Where the applicant is a natural person,
				the fingerprints of the natural person making application;
(b) Where the applicant is a corporation, the
				fingerprints of the persons serving in the following capacities: chief
				executive officer and president, or both persons if the positions are filled by
				different persons; chief financial officer; chief of operations; general
				counsel if a corporation employee; and members of the board;
(c) Where the applicant is a limited
				liability company, the fingerprints of each manager and member of the limited
				liability company;
(d) Where the
				applicant is a partnership, the fingerprints of each partner;
(e) Where the applicant is a trust, the
				fingerprints of each trustee.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-1 - GENERAL APPLICATION AND LICENSURE REQUIREMENTS › Section 69K-1.003 - Miscellaneous Fees; Name Changes and Duplicate Licenses

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless exempt, a special unlicensed
				activity fee of $5.00 per licensee shall be imposed on each initial license and
				each renewal of a license under chapter 497, F.S. These funds shall be used by
				the Department to identify and combat unlicensed activity which violates the
				provisions of chapter 497, F.S.
(2)
				A member of the United States Armed Forces, such member's spouse, and a veteran
				of the United States Armed Forces who separated from service within 2 years
				preceding the application for licensure are exempt from the special unlicensed
				activity fee associated with initial licensure. The military record must show
				such member is currently in good standing or such veteran was honorably
				discharged.
(3) The fee for a name
				change on a license is $25. The original of the current license must be
				returned to the Department before a license in the changed name will be issued.
				A request for a name change for business entities shall be submitted to the
				Department on Form DFS-N1-1764, "Change of Name & Request for Revised
				License Certificate - Entities," effective 10/06. A request for a name change
				for individuals shall be submitted to the Department on Form DFS-N1-1765,
				"Change of Name & Request for Revised License Certificate - Individuals,"
				effective 10/06. Both forms are incorporated by reference in rule
				 69K-1.001, F.A.C.
(4) The fee for a duplicate license is $25. A
				request for a duplicate license shall be submitted to the Department on Form
				DFS-N1-1766, "Request for Duplicate License," effective 10/06, which is
				incorporated by reference in rule
				 69K-1.001, F.A.C.
(5) The fee for certification of public
				records is $5.00.
Rulemaking Authority
					 497.103(5)(b),
					 497.140(4),
					 (5),
					 497.161(1)(d)
					 FS. Law Implemented  497.140(4), (5),
					 (6),
					  497.161(1)(d) 
					 FS.
New 10-6-08, Amended
					 2-20-19.