Florida Administrative Code

(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 …

(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 th…

(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 informa…

(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…

(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, i…

(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 ap…

(1) Exceptions to opt out requirements. The requirements for initial notice to consumers 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 when a li…

(1) Except as provided in subsections (2) and (3) of this rule, a licensee shall not disclose nonpublic personal health information about a consumer or customer unless an authorization is obtained from the consumer or customer whose nonpublic personal health information is sought…

(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 inform…

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 requi…

(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 Uni…

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. History-New 12-16-01, Formerly 4-128.021, 69B-128.021.

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 e…

(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 …

Rulemaking Authority 624.308, 626.9651 FS. Law Implemented 624.307(1), 626.9651 FS. History-New 12-16-01, Formerly 4-128.024, 69B-128.024, Repealed 10-10-12.

Rulemaking Authority 624.308(1) FS. Law Implemented 624.23, 624.307(1) FS. History-New 10-21-02, Formerly 4-128.025, 69B-128.025, Repealed 5-7-14.

(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…

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…

(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 informati…

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…

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 69…

Rulemaking Authority 624.308(1), 626.9651 FS. Law Implemented 624.307(1), 626.9651 FS. History-New 12-8-02, Formerly 4-128.035, 69B-128.035, Repealed 11-19-12.

(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 benefi…

(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 commercial residential property claims. This program is available to all first-party claimants a…

(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…

(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 …

Rulemaking Authority 624.308, 626.9611, 627.7015(4) FS. Law Implemented 624.307(1), (2), (4), (5), 624.317, 624.318, 624.324, 626.859, 626.874, 626.877, 626.9541(1)(a), (e), (i), (u), 626.9561, 626.9641(1)(g), 627.7015 FS. History-New 6-26-06, Repealed 7-1-09.

Rulemaking Authority 624.308, 626.9611, 627.7015(4) FS. Law Implemented 624.307(1), (2), (4), (5), 624.317, 624.318, 624.324, 626.859, 626.874, 626.877, 626.9541(1)(a), (e), (i), (u), 626.9561, 626.9641(1)(g), 627.7015 FS. History-New 7-26-06, Amended 12-25-08, Repealed 5-20-09.

(1) Definitions. The following definitions apply to the My Safe Florida Condominium Pilot Program (MSFCP Program) and all rules and forms incorporated therein: (a) Condominium Association or Association - In addition to any entity responsible for the operation of common elements …

(1) Definitions. The following definitions apply to the My Safe Florida Home Program (MSFH Program) and all rules and forms incorporated therein: (a) Applicant Portal - The MSFH Program's internet portal located at the following website: https://portal.neighborlysoftware.com/MYSA…

Rulemaking Authority 215.5586(6) FS. Law Implemented 215.5586 FS. History-New 1-31-07, Amended 7-1-09, Repealed 10-14-09.

Rulemaking Authority 215.5586(5) FS. Law implemented 215.5586(2)(g) FS. History-New 12-30-08, Repealed 6-19-24.

Rulemaking Authority 215.5586(5) FS. Law implemented 215.5586 FS. History-New 12-8-08, Repealed 6-19-24.

Rulemaking Authority 215.5586(6) FS. Law Implemented 215.5586 FS. History-New 10-8-08, Repealed 4-13-15.

Rulemaking Authority 627.7074(18) FS. Law Implemented 627.7074 FS. History-New 11-4-07, Repealed 12-26-13.

When used in this chapter, and Section 627.7074, F.S., the following terms are defined as follows: (1) Affiliated: Having an ownership or employment relationship. (2) Applicant: A person who submits an application to become a neutral evaluator. (3) Department: Florida Department …

Rulemaking Authority 627.7074(18) FS. Law Implemented 627.7074 FS. History-New 11-4-07, Repealed 12-26-13.

Rulemaking Authority 627.7074(18) FS. Law Implemented 627.7074 FS. History-New 11-4-07, Amended 12-26-13, Repealed 7-27-15.

(1) The department shall maintain a complete list of certified neutral evaluators who wish to serve in the program. (2) The list shall be a public record and shall be provided to parties as required by Section 627.7074(7), F.S. (3) The list shall contain the following information…

Insurers shall provide the notice of the right to participate in the program, required by Section 627.7074, F.S., in writing. The insurer shall also provide the pamphlet, Settling Your Sinkhole Claim: Where to Find Help, Form Number DFS-I4-1788, http://www.flrules.org/Gateway/ref…

(1) A person wishing to request neutral evaluation pursuant to Section 627.7074, F.S., shall make a request to the department by: (a) Submitting their request online at the following website: https://apps.fldfs.com/eservice/MediationInfo.aspx; or by (b) Mailing their request to t…

(1) Upon receipt of a request for neutral evaluation, the department shall provide the parties with a list of active certified neutral evaluators who do not currently have a neutral evaluation report outstanding for more than 14 days after holding a neutral evaluation conference.…

(1) The neutral evaluator shall, within 14 business days of referral, contact the parties to schedule the evaluation proceeding pursuant to Section 627.7074, F.S. If the parties cannot agree to a time and place for the conference, the neutral evaluator may assign a time and place…

When requested by the policyholder, pursuant to Section 627.7074(8), F.S., the department shall appoint an employee to consult with a policyholder participating in the program, but not represented by an attorney. The department employee shall not be an advocate on behalf of the p…

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, F.S. The neutral evaluator shall complete the Neutral Evaluator's Report, Form Number DFS-I4-1785, http://www.flrul…

Rulemaking Authority 624.308(1), 627.7065(6) FS. Law Implemented 627.706, 627.7065 FS. History-New 4-28-10, Repealed 4-13-15.

The following forms are hereby adopted and incorporated by reference and can be obtained from the Department by writing to the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, by loggi…

(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…

(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 prov…

Rulemaking Authority 497.103, 497.168 FS. Law Implemented 497.168 FS. History-New 4-10-84, Formerly 21J-17.05, 21J-17.005, Amended 12-10-00, Formerly 61G8-17.005, 69K-17.005, Repealed 2-18-19.