Florida Administrative Code

(1) Purpose and Scope. (a) This rule applies only to commercial motor vehicle liability coverages used to satisfy mandatory financial responsibility requirements of state or local government. (b)1. This rule does not apply to private passenger automobile coverages or to any manda…

(1) Any insurer authorized to transact private passenger automobile insurance in the state shall report the information required by Sections 627.931(1) and 627.066, F.S., or required by rule, by completing and submitting to the Office of Insurance Regulation form OIR-B1-307 (07/0…

(1) Any insured wishing to have the cancellation of his auto insurance reviewed by the department shall submit Form STCC-1, "Application to Director for Review of Your Automobile Insurance Policy Cancellation," rev. 1-88, which is hereby adopted and incorporated by reference, acc…

"Motor vehicle," as referred to in Section 627.732(1), F.S., means a 4 wheel self-propelled vehicle of a type required to be registered and licensed under Florida law, which is not used as a public or livery conveyance, and which is one of the following types: (1) A private passe…

Section 627.732(3), F.S., defining an owner to include one with right to possession of a motor vehicle under a lease with option to purchase, is interpreted to mean that motor vehicle subject to daily, weekly, or other short-term rental, regardless of whether the agreement is cal…

Section 627.736(4)(d), F.S., is interpreted as follows: (1) As used in this section the phrase "While not an occupant of a motor vehicle or motorcycle" means while a pedestrian or while not an occupant of (a) a motor vehicle or (b) a motorcycle or any other type of self-propelled…

As to the extent of an insurer's liability as referred to in Sections 627.736(1), 627.737(1) and (2), F.S., an insurer liable to pay Personal Injury Protection Benefits under two or more policies to any one person shall be subject to a maximum as specified in Section 627.736(1), …

The words "reasonable proof" as used in section 627.736(4)(b), F.S., are interpreted to mean that where there is a pending charge for driving while under the influence of alcohol or narcotic drugs, companies may withhold Personal Injury Protection payments as to such persons, unt…

With reference to Section 627.733(2), F.S., the following regulation relating to non-residents applies: (1) Non-residents are not required to provide PIP coverage except: (a) When maintaining a motor vehicle in the state for more than 90 days during the preceding 365 day period. …

As used in Section 627.736(1)(b), F.S. (1) Determination of "gross income," as to employed persons, shall be established in the same manner as "average weekly wage" under Section 440.14, F.S. (2) The phrase "loss of earning capacity" is interpreted to mean loss of income which th…

All motor vehicle insurance policies in effect on or after January 1, 1979, which provide liability insurance on a vehicle which becomes subject to the Florida Automobile Reparations Reform Act on or after such date, shall be endorsed by the insurer to provide the insurance requi…

(1) Each insurer issuing a policy in this state providing personal injury protection benefits shall mail or deliver Form OIR-B1-1149 http://www.flrules.org/Gateway/reference.asp?No=Ref-02232 (Revised 01/2013) "Notification of Personal Injury Protection Benefits" to an insured wit…

Rulemaking Authority 624.308(1), 627.745(4) FS. Law Implemented 624.307(1), 626.171, 627.745 FS. History-New 3-14-93, Amended 8-6-98, 9-17-01, Formerly 4-176.022, Repealed 7-30-17.

Whereas, the Office has issued rules and regulations covering insurance in connection with real estate mortgages and personal property taken in connection therewith, the rules and regulations herein promulgated shall be applicable to insurance in connection with installment sales…

The insurer shall place on file with the Office the name of the officer, or agent of the insurer located in this state who will be fully responsible for the insurer's compliance with these rules. Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 624.428(2) FS. History-…

Representatives of finance factors (finance companies, banks and other lending institutions), automobile dealers, trailer dealers, motors, boats and marine equipment dealers, or others who, in connection with installment sales or loans, negotiate or effect contracts of insurance …

The company must at all times maintain complete records of all policies issued, including name and address of all insureds, who are beneficiaries, and the coverage provided; and no plan should be used that fails to require the soliciting agent to report and send to the insurance …

Except in the case of inland marine installment sales floater policies, (see 2nd paragraph of rule 69O-184.011, F.A.C.) the insurer or agent shall within thirty (30) days after execution of a retail installment contract or the consummation of a loan, send or cause to be sent to t…

(1) The purpose of this rule is to establish procedures to be used by insurers in the calculation of credit property insurance premiums. (2) Scope. This rule applies to section 624.605(1)(j), F.S., and to all credit property contracts which provide coverage for property purchased…

Adjustment of claims shall be made in accordance with policy terms by qualified representatives of the insurance company. No plan or arrangement should be entered into whereby any person, firm or corporation, other than the company, pays or repays, either directly or indirectly, …

No company shall enter into or renew any contract or agreement with any agent or other representative which permits the representative or agent to retain any portion of premiums received for the payment of losses incurred, or to be incurred, under policies of insurance issued for…

No insurance company shall provide insurance in respect to transactions covered by these rules and regulations under any agreement whereby the insurer shall be held harmless against losses on any part or parts thereof on such insurance except by another insurance company. Rulemak…

Representatives of finance factors (finance companies, banks and other lending institutions) or dealers or others, shall be licensed as agents. Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.748 FS. History-Repromulgated 12-24-74, Formerly 4-4.09, 4-4.009, 4-184…

(1) Any insurance agent, dealer, or finance factor (finance company, bank, and other lending institution) who undertake to arrange for insurance covering a motor vehicle or other personal property shall, at the time of assuming the responsibility of arranging insurance coverage, …

Automobile policies not containing bodily injury and property damage coverage shall be clearly stamped or printed to the effect that such coverage is not included in the policy in the following manner: "THIS POLICY DOES NOT PROVIDE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSU…

(1) All contracts of insurance shall be written in accordance with the forms, rates and rules, filed with this Office by the insurer writing said contracts. (2) No contractual agreement or plan shall be used which permits the collection of any application or policy writing fee, i…

All policies of insurance shall be effective the moment a purchaser takes delivery of the property insured, or loan transaction is consummated. Policies or certificates of insurance must be written for the full term for which a premium is charged the purchaser or borrower, in con…

In the event of repossession and cancellation of the policy, the insurance company or agent should protect itself by securing a certificate of repossession on a basis which justifies cancellation, and retention by the finance company, bank and other lending institutions of the re…

In case of prepayment of a loan and cancellation of the policy, the insurance company or agent shall have unmistakable evidence in its file that the insured has received the return premium due him. Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.561 FS. History-R…

Every purchaser or borrower desiring insurance, to cover either the purchaser's or borrower's interest, or that of the finance factor (finance company, bank, and other lending institutions) or lender, financing a motor vehicle or other personal property, shall be given the option…

The insured purchaser or borrower must be promptly notified of any cancellation or change in a policy or certificate, except where cancellation is affected by surrender of the purchaser's copy of the policy contract by the purchaser or borrower, or through a lost policy receipt w…

The term "subject of insurance" as used in chapter 635, F.S., is hereby interpreted to mean a borrower's promise to pay the debt secured by a mortgage or the aggregate of such borrower's promises to pay a series of debts secured by one or more mortgages on one or more parcels of …

The "subject of insurance" shall include, but not be limited to, an individual, corporation, partnership, association, or other firm, including developers, contractors or any individual, partnership, corporation or firm engaged in the construction of homes, financing the purchase…

The provisions of section 635.041, F.S., shall not be deemed to prevent a company from reinsuring any of its mortgage underwritings, but rather is intended to relate only to retained risks. Rulemaking Authority 635.081 FS. Law Implemented 635.041 FS. History-New 12-24-74, Amended…

Rulemaking Authority 635.081 FS. Law Implemented 635.071 FS. History-New 12-24-74, Formerly 4-2.09, 4-2.009, 4-185.005, Repealed 1-28-13.

Rulemaking Authority 635.081 FS. Law Implemented 635.071(2) FS. History-New 12-24-74, Amended 4-17-84, 4-30-86, Formerly 4-2.11, 4-2.011, 4-185.007, Repealed 7-30-17.

Any form of written notice given by the title insurers, agents, members, employees thereof, or by agents, employees, officials of lending or other institutions to the purchaser-mortgagor in substantially the following language shall be deemed in compliance with Section 627.798, F…

The following are risk rate premiums to be charged by title insurers in this state for the respective types of title insurance contracts. To compute any insurance premium on a fractional thousand of insurance (except as to minimum premiums), multiply such fractional thousand by t…

(1) The initial Title Insurance Rate Promulgation Order promulgated on March 7, 1967, pursuant to the provisions of Section 627.0956, F.S. (Rule 69O-186.003, F.A.C.), did not recognize Certificates of Title (commonly identified as Department of the Army Engineers Form 903, dated …

(1) An additional risk exposure for title insurers has been created by the enactment into law of the Federal "Truth in Lending Act," incorporated in Title 15, United States Code Annotated, Section 1601 et seq., effective May 29, 1968. (2) Such additional risk exposure is specific…

Section 624.608, F.S., which declares that "Title insurance is insurance of owners of real property or others having an interest in real property or contractual interest derived therefrom, or liens or encumbrances on real property, against loss by encumbrance, or defective titles…

(1) A title insurance agent or title insurer may not use, endanger, or encumber money held in trust without the permission of the owner of such money, given after full disclosure of the circumstances. Accordingly, except as hereinafter provided, a title insurance agent or title i…

(1) Every licensed title insurance agent shall maintain a monthly reconciliation of every escrow account required to be maintained pursuant to Section 626.8473, F.S., and shall, on a monthly basis, report such reconciliation together with appropriate supporting documentation to e…

Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 627.786 FS. History-New 6-25-86, Amended 2-27-91, Formerly 4-21.011, 4-186.010, Repealed 10-25-16.

On or before May 31 of each year, each licensed title insurance agency and Florida retail offices of direct-writing title insurance underwriters shall submit Form OIR-E0-2087, "Title Insurance Experience Reporting - Agents and Retail Offices of Direct-Writing Title Insurance Unde…

(1) The following forms are hereby incorporated by reference and may be obtained from the Office's web site located at http://www.floir.com/iportal: (a) Form OIR-D0-2115 "Title Insurance Underwriter's Data Call - Part I," effective 7/23, which is available at http://www.flrules.o…

When a title insurance agency substitutes a surety bond in place of its deposit of securities pursuant to Section 626.8418(2), F.S., the bond must secure performance by the agency of its responsibilities relating to the title policies issued through the agency, including performa…