Fla. Admin. Code R. 69B-251.003

Current through Reg. 50, No. 222; November 13, 2024

Section 69B-251.003 - Qualifications for Certification as a Neutral Evaluator

(1) An applicant seeking certification as a neutral evaluator shall apply to the Department using Form Number DFS-H2-1783, http://www.flrules.org/Gateway/reference.asp?No=Ref-08557, Neutral Evaluator Application, (Revised 03/2017), which is hereby incorporated by reference. The form can be obtained from the Department on the following website: http://www.myfloridacfo.com/Division/Agents/Licensure/Forms/docs/DFS-H2-1783.pdf. The completed form shall be mailed to the Department of Financial Services, Bureau of Licensing, 200 East Gaines Street, Tallahassee FL 32399-0319.

(2) An application for certification as a neutral evaluator shall be granted if the applicant meets the following eligibility requirements of Section 627.706(2), F.S.:

(a)

1. Is an engineer licensed under Chapter 471, F.S., who has experience and expertise in the identification of sinkhole activity as well as other potential causes of structural damage, or

2. Is a professional geologist licensed under Chapter 492, F.S., who has experience and expertise in the identification of sinkhole activity as well as other potential geologic causes of structural damage,

(b) Has completed a course of study in alternative dispute resolution approved by the Department for use in the neutral evaluation process pursuant to Rule 69B-227.170, F.A.C.;

(c) Is determined to be fair and impartial based on the criteria in subsection (3), below; and,

(d) Is not ineligible for certification as a neutral evaluator pursuant to Section 627.7074(7)(b), F.S.

(3) An applicant shall be deemed to be fair and impartial unless:

(a) The applicant is currently an employee of an insurer as defined in Section 624.03, F.S., adjuster as defined in Section 626.015, F.S., or adjusting firm as defined in Section 626.8695, F.S.;

(b) The applicant has through word, action, appearance, or otherwise expressed a bias or favoritism for or against insurers or property insurance policyholders, or

(c) The applicant acts or has acted in such a way that would compromise the fairness and impartiality of the neutral evaluation program or the program's efficient effective operation.

(4) A neutral evaluator must notify the Department in writing within 5 days of failing to meet the standards in subsection (2). Such notice shall be mailed to the Bureau of Licensing at the address in subsection (1), or electronically submitted to the Department at AgentLicensing@MyFloridaCFO.com.

Fla. Admin. Code Ann. R. 69B-251.003

Rulemaking Authority 627.7074(18) FS. Law Implemented 627.706(2), 627.7074 FS.

Adopted by Florida Register Volume 43, Number 168, August 29, 2017 effective 9/14/2017.

New 9-14-17.