Florida Property and Auto Insurance Claim Mediator Qualifications Rules Open for Comment Until May 8, 2017

Written comments have been invited by the Florida Division of Insurance Agent and Agency Services until May 8, 2017 on three proposed Rules relating to Florida’s property and auto insurance claim mediation programs.

The proposed Rules are:

Florida’s Department of Financial Services (“DFS”) administers two insurance claim mediation programs.  The first is for property insurance claims (homeowner and commercial residential) pursuant to Section 627.7015, F.S., and the second is for automobile insurance claims pursuant to Section 627.745, F.S.  Participating mediators must be approved by the DFS to conduct such mediations.

The requirements for approval as a DFS mediator in paragraph 627.745(3)(b), F.S. were amended in 2014 to allow an individual who possesses an active certification as a Florida Supreme Court certified circuit court mediator to qualify as a DFS mediator.  The amendment also grandfathered in current and active DFS mediators if they conducted at least one mediation for the DFS from July 1, 2010 through July 1, 2014.

Paragraph 627.7015(4)(b), F.S. was amended to require the DFS to adopt rules for the denial of applications, suspension, revocation, and other penalties for mediators as provided in Section 627.745, F.S. and the Florida Rules for Certified and Court-Appointed Mediators.  

Subsection 627.745(4), F.S., sets forth the grounds for the denial of an application and for the suspension or revocation of the approval of a mediator.

The proposed Rules establish mediator qualifications, specify grounds for the denial of applications, and specify grounds for the suspension or revocation of mediator approval.

To view the Notice of Proposed Rule, click here.

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