Senate Bill 2478

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    Florida Senate - 2000                                  SB 2478

    By Senator Geller





    29-1586-00

  1                      A bill to be entitled

  2         An act relating to rulemaking authority of

  3         state agencies (RAB); amending s. 386.205,

  4         F.S.; authorizing state agencies to adopt rules

  5         to designate smoking areas; amending s.

  6         554.115, F.S.; providing additional

  7         circumstances under which the Department of

  8         Insurance may suspend or revoke a certificate

  9         of compliance to operate a boiler; requiring

10         that certain violations be reported to the

11         state attorney; providing for administrative

12         actions; amending s. 624.3161, F.S.; requiring

13         the Department of Insurance to adopt rules for

14         market conduct examinations; creating s.

15         624.4135, F.S.; requiring that the department

16         adopt rules governing applications by foreign

17         insurers for a certificate of authority as a

18         domestic insurer; amending s. 624.424, F.S.;

19         requiring health insurers to provide

20         information pertaining to the training and

21         instruction provided to agents; requiring the

22         Department of Insurance to adopt rules;

23         amending s. 625.305, F.S.; requiring that the

24         department adopt rules governing certain

25         investments by domestic life insurers; creating

26         s. 625.765, F.S.; exempting specified

27         transactions from requirements that a domestic

28         stock insurer file statements and recover

29         certain profits; amending s. 626.171, F.S.;

30         requiring the Department of Insurance to adopt

31         rules governing the license application process

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  1         for insurance representatives; creating s.

  2         626.2817, F.S.; providing for the regulation of

  3         course providers, instructors, and other groups

  4         involved in prelicensure education for

  5         insurance agents and other licensees; amending

  6         s. 626.7353, F.S.; requiring that the

  7         Department of Insurance adopt rules governing

  8         the appointment of customer representatives;

  9         amending s. 626.748, F.S.; providing

10         requirements for agents in maintaining records

11         of policies; amending s. 626.9541, F.S.;

12         prohibiting certain discrimination with respect

13         to motor vehicle insurance premiums; providing

14         that failure to make certain disclosures

15         regarding a self-insured plan constitute an

16         unfair method of competition and an unfair or

17         deceptive act; requiring that the department

18         adopt rules governing such disclosures;

19         amending s. 626.9551, F.S.; providing

20         additional requirements for insurance sold in

21         connection with an extension of credit or the

22         sale or lease of goods or services; requiring

23         the Department of Insurance to adopt rules

24         governing such sales and rules to prevent the

25         coercion of borrowers; creating s. 626.9881,

26         F.S.; requiring that the department adopt rules

27         governing the marketing of insurance in

28         connection with persons not licensed as

29         insurance agents; amending s. 627.062, F.S.;

30         providing for the availability of water

31         supplies to be considered by insurers or rating

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  1         organizations in establishing rates; amending

  2         s. 627.0625, F.S.; authorizing the Department

  3         of Insurance to adopt rules governing claims

  4         under commercial motor vehicle policies;

  5         creating s. 627.385, F.S.; requiring each

  6         residual market board to adopt rules to prevent

  7         conflicts of interest and inappropriate

  8         behavior; specifying prohibited activities on

  9         the part of board members; creating s.

10         627.4065, F.S.; providing for a right to return

11         a health insurance policy within a specified

12         period; providing notice requirements;

13         providing certain exceptions; creating s.

14         627.4086, F.S.; providing notice requirements

15         for policies of disability insurance; creating

16         s. 627.41335, F.S.; requiring that an applicant

17         for health insurance sign certain

18         acknowledgements with respect to the

19         termination of the insurance; creating s.

20         627.41337, F.S.; providing certain limitations

21         on the use of the terms "noncancelable" or

22         "noncancelable and guaranteed renewable" by

23         insurers; amending s. 627.429, F.S.; providing

24         that certain limitations on the use of medical

25         tests for human immunodeficiency virus

26         infection and acquired immune deficiency

27         syndrome apply to insurance provided by prepaid

28         limited health organizations; creating s.

29         627.4305, F.S.; authorizing the Department of

30         Insurance to make certain distinctions between

31         various insurance policies in adopting rules

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  1         governing insurance contracts; amending s.

  2         627.481, F.S.; requiring that the department

  3         adopt rules governing certain annuity

  4         agreements; creating s. 627.7276, F.S.;

  5         providing notice requirements for motor vehicle

  6         policies that do not provide coverage for

  7         bodily injury and property damage liability or

  8         that do not comply with the Florida Motor

  9         Vehicle No-Fault Law; amending s. 627.7282,

10         F.S.; authorizing the Department of Insurance

11         to adopt rules governing the format of the

12         notice of additional premiums; creating s.

13         627.795, F.S.; requiring that title insurance

14         commitments be issued on certain real estate

15         transactions; creating s. 627.796, F.S.;

16         requiring that a title insurer obtain a minimum

17         amount of errors and omissions coverage for

18         persons performing title searches; creating s.

19         627.797, F.S.; requiring that insurers file

20         with the department a list of agents who are

21         exempt from licensure; creating s. 627.798,

22         F.S.; requiring that the Department of

23         Insurance adopt forms for notifying the

24         mortgagor of certain provisions in a title

25         policy; amending ss. 627.8405, 627.848, F.S.;

26         requiring that the Department of Insurance

27         adopt forms for disclosing coverages financed

28         with personal injury protection and for

29         cancelling certain policies; amending s.

30         627.918, F.S.; requiring that the department

31         adopt rules for approving certain forms;

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  1         creating s. 627.955, F.S.; prohibiting certain

  2         deductibles that are applicable to the insured

  3         group as a whole; amending s. 635.071, F.S.;

  4         prohibiting insurance on mortgages that are

  5         offered for sale based on certain

  6         advertisements; creating s. 636.0225, F.S.;

  7         requiring that a group prepaid limited health

  8         service contract provide for conversion of the

  9         contract on termination of eligibility;

10         specifying certain exceptions; amending s.

11         636.0226, F.S.; providing requirements for

12         conversion contracts; providing certain time

13         limits; requiring issuance without evidence of

14         insurability; providing for a conversion

15         premium; providing for scope of coverage;

16         providing requirements for optional coverage;

17         providing certain limitations on termination;

18         limiting certain exclusions for preexisting

19         conditions; providing notice requirements;

20         amending s. 648.4425, F.S.; requiring the

21         Department of Insurance to prescribe forms for

22         use by bail bond agents in issuing bonds;

23         amending s. 651.033, F.S.; requiring that the

24         Department of Insurance sign certain escrow

25         agreements, letters of credit, and amendments

26         thereto; amending s. 791.015, F.S.; authorizing

27         the State Fire Marshal to adopt by rule

28         registration forms for manufacturers,

29         distributors, wholesalers, and retailers of

30         sparklers; providing an effective date.

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  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Subsection (6) is added to section 386.205,

  4  Florida Statutes, to read:

  5         386.205  Designation of smoking areas.--

  6         (6)  Each state agency may adopt rules for

  7  administering this section which take into consideration the

  8  provisions of this part.

  9         Section 2.  Section 554.115, Florida Statutes, is

10  amended to read:

11         554.115  Disciplinary proceedings.--

12         (1)  The department may suspend or revoke a certificate

13  of compliance upon proof that:

14         (a)  The certificate has been obtained by fraud or

15  misrepresentation;

16         (b)  The boiler for which the certificate was issued

17  cannot be operated safely; or

18         (c)  The person who received the certificate willfully

19  or deliberately violated the State Boiler Code or ss.

20  554.1011-554.115 or any rule adopted pursuant to ss.

21  554.1011-554.115.

22         (2)  The department may suspend or revoke a certificate

23  of competency upon proof that:

24         (a)  The certificate was obtained by fraud or

25  misrepresentation; or

26         (b)  The inspector to whom the certificate was issued

27  is no longer qualified under ss. 554.1011-554.115 to inspect

28  boilers; or.

29         (c)  The inspector:

30         1.  Operated a boiler at a public assembly location

31  without a valid certificate of compliance for that boiler;

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  1         2.  Gave false or forged information to the department

  2  or to another boiler inspector for the purpose of obtaining a

  3  certificate of compliance;

  4         3.  Used a certificate of compliance for any boiler

  5  other than the boiler for which it was issued;

  6         4.  Operated a boiler for which the certificate of

  7  compliance has been suspended or revoked or has expired;

  8         5.  Inspected any boiler regulated under ss.

  9  554.1011-554.115 without having obtained a valid certificate

10  of competency;

11         6.  Operated a boiler that is in an unsafe condition;

12  or

13         7.  Operated a boiler in a manner that is contrary to

14  the requirements of this chapter or any rule adopted under

15  this chapter.

16         (3)  Each suspension of a certificate of compliance or

17  certificate of competency shall continue in effect until all

18  violations have been corrected and, for boiler safety

19  violations, until the boiler has been inspected and shown to

20  be in a safe condition.

21         (4)  A person in violation of this section who does not

22  have a valid certificate of competency shall be reported by

23  the chief inspector to the appropriate state attorney.

24         (5)  A person in violation of this section who has a

25  valid certificate of competency is subject to administrative

26  action by the chief inspector.

27         (6)  A revocation of a certificate of competency is

28  permanent and a revoked certificate of competency may not be

29  reinstated or a new certificate of competency issued to the

30  same person. A suspension of a certificate of competency

31  continues in effect until all violations have been corrected.

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  1  A suspension of a certificate of compliance for any boiler

  2  safety violation continues in effect until the boiler has been

  3  inspected by an authorized inspector and shown to be in safe

  4  working condition.

  5         Section 3.  Subsection (6) is added to section

  6  624.3161, Florida Statutes, to read:

  7         624.3161  Market conduct examinations.--

  8         (6)  The department shall adopt rules to administer

  9  market conduct examinations, including, but not limited to,

10  rules that enable the department to ascertain compliance by

11  the person examined with the applicable provisions of this

12  chapter and chapters 626, 627, and 635.

13         Section 4.  Section 624.4135, Florida Statutes, is

14  created to read:

15         624.4135  Redomestication.--The department shall adopt

16  rules establishing procedures and forms for a foreign insurer

17  to apply for a certificate of authority as a domestic insurer.

18         Section 5.  Subsection (11) is added to section

19  624.424, Florida Statutes, to read:

20         624.424  Annual statement and other information.--

21         (11)  Each insurer writing health insurance in this

22  state must complete and file with its annual statement a

23  response to a questionnaire concerning the course of training

24  and instruction that is provided to the agents of the insurer.

25  The department shall adopt by rule the questionnaire form.

26         Section 6.  Subsection (11) is added to section

27  625.305, Florida Statutes, to read:

28         625.305  Diversification.--

29         (11)  The department shall adopt rules to administer

30  this section, including rules pertaining to the use of money

31  by domestic life insurers which is received from variable

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  1  annuity contracts for the purpose of investing and reinvesting

  2  in common stocks.

  3         Section 7.  Section 625.765, Florida Statutes, is

  4  created to read:

  5         625.765  Exemptions from ss. 625.75 and 625.76.--The

  6  department may adopt by rule exemptions from ss. 625.75 and

  7  625.76 for transactions that are not subject to s. 628.461 and

  8  that are the result of proceedings in probate, incompetency,

  9  or bankruptcy; sales of securities by odd-lot securities

10  dealers; small transactions by gift which do not exceed $3,000

11  over any 6-month period; transactions that are effected in

12  connection with the distribution of a substantial block of

13  securities; acquisitions of shares of stock and stock options

14  under a stock bonus plan, stock option plan, or similar plan;

15  securities acquired by redeeming other securities by an

16  insurer; consolidations or mergers of insurers that hold over

17  85 percent of the companies being merged or consolidated;

18  acquisitions or dispositions of an equity security involved in

19  the deposit of the security under, or the withdrawal of the

20  security from, a voting trust or deposit agreement; and

21  conversions of an insurer's equity securities into another

22  equity security of the same insurer. The department may limit

23  the scope of exemptions and provide conditions for exemptions

24  as necessary to maintain the purpose and intent of ss. 625.75

25  and 625.76 and prevent the circumvention of ss. 625.75 and

26  625.76.

27         Section 8.  Subsection (8) is added to section 626.171,

28  Florida Statutes, to read:

29         626.171  Application for license.--

30         (8)  The department shall adopt rules to administer the

31  license application process, including requirements for photo

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  1  identification, character and credit reports, and prelicensing

  2  courses for an applicant; the impact of an applicant's

  3  criminal history check; and any other information that is

  4  relevant in determining an applicant's fitness and

  5  trustworthiness to engage in the business of insurance.

  6         Section 9.  Section 626.2817, Florida Statutes, is

  7  created to read:

  8         626.2817  Regulation of course providers, instructors,

  9  school officials, and monitor groups involved in prelicensure

10  education for insurance agents and other licensees.--

11         (1)  Any course provider, instructor, school official,

12  or monitor group must be approved by and registered with the

13  department before offering prelicensure education courses for

14  insurance agents and other licensees.

15         (2)  The department shall adopt rules establishing

16  standards for the approval, registration, discipline, or

17  removal from registration of course providers, instructors,

18  school officials, and monitor groups. The standards must be

19  designed to ensure that course providers, instructors, school

20  officials, and monitor groups have the knowledge, competence,

21  and integrity to fulfill the educational objectives of the

22  prelicensure requirements of this chapter and chapter 648 and

23  to assure that insurance agents and licensees are competent to

24  engage in the activities authorized under the license.

25         (3)  The department shall adopt rules to establish a

26  process for determining compliance with the prelicensure

27  requirements of this chapter and chapter 648 and shall

28  establish a prelicensure cycle for insurance agents and other

29  licensees. The department shall adopt rules prescribing the

30  forms necessary to administer the prelicensure requirements.

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  1         Section 10.  Subsection (3) is added to section

  2  626.7353, Florida Statutes, to read:

  3         626.7353  Appointment of customer representatives.--

  4         (3)  The department shall prescribe by rule forms to

  5  administer this section.

  6         Section 11.  Section 626.748, Florida Statutes, is

  7  amended to read:

  8         626.748  Agent's records.--

  9         (1)  Every agent transacting any insurance policy must

10  maintain in his or her office, or have readily accessible by

11  electronic or photographic means, such records of policies

12  transacted by him or her as to enable the policyholders and

13  department to obtain all necessary information, including

14  daily reports, applications, change endorsements, or documents

15  signed or initialed by the insured concerning such policies.

16         (2)  The transacting agent shall maintain at all times

17  complete records of all policies issued, including the name

18  and address of all insureds and beneficiaries and the type or

19  scope of coverage provided. The transacting agent shall report

20  and promptly send to the insurer and issuing or countersigning

21  agent all applications for insurance. If the policies are

22  issued in the home office or regional office of the company, a

23  copy of the policy must be sent to the countersigning agent

24  for his or her file. If a policy covering personal property is

25  issued by a mutual insurer or a participating stock insurer,

26  the policyholder is entitled to the benefit of any dividend

27  paid under an individual policy or certificate.

28         Section 12.  Paragraph (o) of subsection (1) of section

29  626.9541, Florida Statutes, is amended, and paragraph (bb) is

30  added to that subsection, to read:

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  1         626.9541  Unfair methods of competition and unfair or

  2  deceptive acts or practices defined.--

  3         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

  4  DECEPTIVE ACTS.--The following are defined as unfair methods

  5  of competition and unfair or deceptive acts or practices:

  6         (o)  Illegal dealings in premiums; excess or reduced

  7  charges for insurance.--

  8         1.  Knowingly collecting any sum as a premium or charge

  9  for insurance, which is not then provided, or is not in due

10  course to be provided, subject to acceptance of the risk by

11  the insurer, by an insurance policy issued by an insurer as

12  permitted by this code.

13         2.  Knowingly collecting as a premium or charge for

14  insurance any sum in excess of or less than the premium or

15  charge applicable to such insurance, in accordance with the

16  applicable classifications and rates as filed with and

17  approved by the department, and as specified in the policy;

18  or, in cases when classifications, premiums, or rates are not

19  required by this code to be so filed and approved, premiums

20  and charges in excess of or less than those specified in the

21  policy and as fixed by the insurer.  This provision shall not

22  be deemed to prohibit the charging and collection, by surplus

23  lines agents licensed under part VIII of this chapter, of the

24  amount of applicable state and federal taxes, or fees as

25  authorized by s. 626.916(4), in addition to the premium

26  required by the insurer or the charging and collection, by

27  licensed agents, of the exact amount of any discount or other

28  such fee charged by a credit card facility in connection with

29  the use of a credit card, as authorized by subparagraph (q)3.,

30  in addition to the premium required by the insurer.  This

31  subparagraph shall not be construed to prohibit collection of

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  1  a premium for a universal life or a variable or indeterminate

  2  value insurance policy made in accordance with the terms of

  3  the contract.

  4         3.a.  Imposing or requesting an additional premium for

  5  a policy of motor vehicle liability, personal injury

  6  protection, medical payment, or collision insurance or any

  7  combination thereof or refusing to renew the policy solely

  8  because the insured was involved in a motor vehicle accident

  9  unless the insurer's file contains information from which the

10  insurer in good faith determines that the insured was

11  substantially at fault in the accident.

12         b.  An insurer which imposes and collects such a

13  surcharge or which refuses to renew such policy shall, in

14  conjunction with the notice of premium due or notice of

15  nonrenewal, notify the named insured that he or she is

16  entitled to reimbursement of such amount or renewal of the

17  policy under the conditions listed below and will subsequently

18  reimburse him or her or renew the policy, if the named insured

19  demonstrates that the operator involved in the accident was:

20         (I)  Lawfully parked;

21         (II)  Reimbursed by, or on behalf of, a person

22  responsible for the accident or has a judgment against such

23  person;

24         (III)  Struck in the rear by another vehicle headed in

25  the same direction and was not convicted of a moving traffic

26  violation in connection with the accident;

27         (IV)  Hit by a "hit-and-run" driver, if the accident

28  was reported to the proper authorities within 24 hours after

29  discovering the accident;

30         (V)  Not convicted of a moving traffic violation in

31  connection with the accident, but the operator of the other

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  1  automobile involved in such accident was convicted of a moving

  2  traffic violation;

  3         (VI)  Finally adjudicated not to be liable by a court

  4  of competent jurisdiction;

  5         (VII)  In receipt of a traffic citation which was

  6  dismissed or nolle prossed; or

  7         (VIII)  Not at fault as evidenced by a written

  8  statement from the insured establishing facts demonstrating

  9  lack of fault which are not rebutted by information in the

10  insurer's file from which the insurer in good faith determines

11  that the insured was substantially at fault.

12         c.  In addition to the other provisions of this

13  subparagraph, an insurer may not fail to renew a policy if the

14  insured has had only one accident in which he or she was at

15  fault within the current 3-year period. However, an insurer

16  may nonrenew a policy for reasons other than accidents in

17  accordance with s. 627.728.  This subparagraph does not

18  prohibit nonrenewal of a policy under which the insured has

19  had three or more accidents, regardless of fault, during the

20  most recent 3-year period.

21         4.  Imposing or requesting an additional premium for,

22  or refusing to renew, a policy for motor vehicle insurance

23  solely because the insured committed a noncriminal traffic

24  infraction as described in s. 318.14 unless the infraction is:

25         a.  A second infraction committed within an 18-month

26  period, or a third or subsequent infraction committed within a

27  36-month period.

28         b.  A violation of s. 316.183, when such violation is a

29  result of exceeding the lawful speed limit by more than 15

30  miles per hour.

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  1         5.  Upon the request of the insured, the insurer and

  2  licensed agent shall supply to the insured the complete proof

  3  of fault or other criteria which justifies the additional

  4  charge or cancellation.

  5         6.  No insurer shall impose or request an additional

  6  premium for motor vehicle insurance, cancel or refuse to issue

  7  a policy, or refuse to renew a policy because the insured or

  8  the applicant is a handicapped or physically disabled person,

  9  so long as such handicap or physical disability does not

10  substantially impair such person's mechanically assisted

11  driving ability.

12         7.  No insurer may cancel or otherwise terminate any

13  insurance contract or coverage, or require execution of a

14  consent to rate endorsement, during the stated policy term for

15  the purpose of offering to issue, or issuing, a similar or

16  identical contract or coverage to the same insured with the

17  same exposure at a higher premium rate or continuing an

18  existing contract or coverage with the same exposure at an

19  increased premium.

20         8.  No insurer may issue a nonrenewal notice on any

21  insurance contract or coverage, or require execution of a

22  consent to rate endorsement, for the purpose of offering to

23  issue, or issuing, a similar or identical contract or coverage

24  to the same insured at a higher premium rate or continuing an

25  existing contract or coverage at an increased premium without

26  meeting any applicable notice requirements.

27         9.  No insurer shall, with respect to premiums charged

28  for motor vehicle insurance, unfairly discriminate solely on

29  the basis of age, sex, marital status, type of vehicle,

30  location of the risk, number of accidents that occurred more

31  than 3 years ago, or scholastic achievement.

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  1         10.  Imposing or requesting an additional premium for

  2  motor vehicle comprehensive or uninsured motorist coverage

  3  solely because the insured was involved in a motor vehicle

  4  accident or was convicted of a moving traffic violation.

  5         11.  No insurer shall cancel or issue a nonrenewal

  6  notice on any insurance policy or contract without complying

  7  with any applicable cancellation or nonrenewal provision

  8  required under the Florida Insurance Code.

  9         12.  No insurer shall impose or request an additional

10  premium, cancel a policy, or issue a nonrenewal notice on any

11  insurance policy or contract because of any traffic infraction

12  when adjudication has been withheld and no points have been

13  assessed pursuant to s. 318.14(9) and (10).  However, this

14  subparagraph does not apply to traffic infractions involving

15  accidents in which the insurer has incurred a loss due to the

16  fault of the insured.

17         (bb)  Failure to make full disclosure.--Failure of an

18  agent, administrator, or insurer issuing a self insured plan

19  not covered by the guaranty fund established under s. 631.715

20  to disclose to a covered individual in writing that the plan

21  is not regulated by the department and that the plan does not

22  qualify under the guaranty fund. The department shall

23  prescribe forms and adopt rules to administer this paragraph.

24         Section 13.  Paragraph (c) of subsection (2) of section

25  626.9551, Florida Statutes, is amended, and subsections (6),

26  (7), and (8) are added to that section, to read:

27         626.9551  Favored agent or insurer; coercion of

28  debtors.--

29         (2)

30         (c)1.  All documents constituting policies of insurance

31  shall be separate and shall not be combined with or be a part

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  1  of other documents. A person may not include the expense of

  2  insurance premiums in a primary credit transaction without the

  3  express written consent of the customer. If arrangements are

  4  available to have the premium related to a mortgage or loan

  5  added to the monthly mortgage or loan payment, any promotional

  6  material may be worded to indicate that the insured may add

  7  his premium to his payment if he so desires. The material may

  8  not state that the premium must or will be added to the

  9  payment. If the lender is to benefit from the proceeds of the

10  insurance policy, the insured shall execute, where applicable,

11  the routine assignment form normally used by the lender. The

12  execution of any assignment form must be done as a separate

13  transaction and not as part of the application form.

14         2.  All claims filed by the insured with the financial

15  institution that holds a security interest in the insured risk

16  shall be promptly transmitted to the insurer or its designated

17  claim agent or representative.

18         (6)  The department shall adopt rules necessary to

19  carry out the provisions of this section. All insurers or

20  agents doing business in this state must comply with such

21  rules and with any other applicable rules adopted by the

22  department. An insurer or agent may not issue any policy of

23  insurance that is not in conformity with applicable provisions

24  of the Florida Insurance Code or rules adopted thereunder.

25         (7)  Any person who requires a purchaser or borrower to

26  maintain insurance in connection with the sale of property may

27  not purchase, at the expense of the purchaser or borrower,

28  insurance that is solely for the benefit of the seller or

29  lender, except in accordance with rules adopted by the

30  department. The rules must provide for fair disclosure to the

31  purchaser or borrower; reasonable opportunity for the

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  1  purchaser or borrower to obtain dual coverage; contents of

  2  certificates of insurance; and procedures for the placement,

  3  cancellation, and reinstatement of single-interest insurance

  4  by the seller or lender which gives the purchaser or borrower

  5  a reasonable opportunity to obtain coverage independently so

  6  as to avoid charges for single-interest insurance.

  7         (8)  The department shall adopt rules to prevent

  8  coercion of borrowers. Such rules must prescribe the rights of

  9  borrowers and lenders and establish policies, standards, and

10  procedures to protect borrowers from coercion by lenders.

11         Section 14.  Section 626.9881, Florida Statutes, is

12  created to read:

13         626.9881  Rulemaking authority regarding the marketing

14  of insurance in conjunction with persons not licensed as

15  insurance agents.--The department shall adopt rules

16  establishing requirements for relationships between insurance

17  agents and persons who are not licensed as insurance agents in

18  the marketing and servicing of insurance and annuity

19  contracts. The department shall adopt rules establishing

20  requirements to implement chapter 624 and this chapter with

21  respect to the marketing and servicing of such contracts. The

22  rules must establish affirmative requirements necessary to

23  enable an individual to understand that insurance is being

24  sold when insurance solicitations occur in cooperation with a

25  third party that engages in activities other than the

26  transaction of insurance.

27         Section 15.  Paragraph (c) of subsection (2) of section

28  627.062, Florida Statutes, is amended to read:

29         627.062  Rate standards.--

30         (2)  As to all such classes of insurance:

31

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  1         (c)  In the case of fire insurance rates, consideration

  2  shall be given to the availability of water supplies and the

  3  experience of the fire insurance business during a period of

  4  not less than the most recent 5-year period for which such

  5  experience is available.

  6

  7  The provisions of this subsection shall not apply to workers'

  8  compensation and employer's liability insurance and to motor

  9  vehicle insurance.

10         Section 16.  Subsection (4) is added to section

11  627.0625, Florida Statutes, to read:

12         627.0625  Commercial property and casualty risk

13  management plans.--

14         (4)  Any commercial motor vehicle policy that is issued

15  to satisfy mandatory financial responsibility requirements of

16  a state or local government must provide first-dollar coverage

17  to third-party claimants without a deductible. The department

18  may adopt rules necessary to assure the proper administration

19  of claims and protection of third-party claimants from unfair

20  policy defenses not attributable to the third-party claimant.

21         Section 17.  Section 627.385, Florida Statutes, is

22  created to read:

23         627.385  Conduct of residual market board members.--

24         (1)(a)  For various insurance coverages, a residual

25  market has been created by the Legislature to provide a market

26  of last resort for individuals who are unable to secure

27  coverage in the voluntary market. As such, the coverage

28  provided is not subject to competitive market forces and must

29  be provided and administered in a manner that fairly balances

30  the needs of the consumer and the member insurers obligated to

31  provide coverage for the residual market.

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  1         (b)  Each residual market's enabling legislation

  2  requires the establishment of a board of governors or

  3  directors that operates subject to a plan of operation. The

  4  board, in carrying out its obligations, must engage in

  5  business transactions in order to provide and administer the

  6  required coverage and maintain adequate funds to support the

  7  plan. In order for the board to fully execute its

  8  responsibilities required by law, conflict of interest or

  9  inappropriate activity by board members, or the appearance

10  thereof, with regard to member insurers or policyholders of

11  the residual market mechanism must be avoided. The Legislature

12  has determined that the provisions set forth in subsection (2)

13  are necessary to protect the public by ensuring fair,

14  reasonable, and beneficial board practice and activity.

15         (c)  This section applies to the Florida Medical

16  Malpractice Joint Underwriting Association, the Florida Joint

17  Underwriting Association, the Florida Comprehensive Health

18  Association, the Florida Windstorm Underwriting Association,

19  the Florida Property and Casualty Joint Underwriting

20  Association, the Florida Residential Property and Casualty

21  Joint Underwriting Association, and the board members thereof.

22         (2)  To ensure that the board is free from potential

23  conflict or inappropriate behavior, the following shall be

24  adopted in the plan of operation for each residual market in

25  this state.

26         (a)  A board member may not act as a servicing carrier

27  or administering entity for the plan, except with respect to a

28  claim adjustment contract that is open to all members of the

29  plan.

30         (b)  A board member or representative of a board member

31  may not use his or her position to foster or facilitate any

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  1  pecuniary gain for himself or herself, the member's or

  2  representative's company, or any other entity in which the

  3  board member, representative, or company has a substantial

  4  financial interest, except as otherwise provided in paragraph

  5  (a).

  6         (c)  A board member or representative of a board member

  7  may not use his or her position on the board to secure or

  8  promote any business relation from which he or she may derive

  9  a financial gain.

10         (d)  A board member or designee may not receive any

11  gift or gratuity, other than meals, in his or her capacity as

12  a board member.

13         (3)  A board member or representative of a board member

14  is entitled to reimbursement for reasonable expenses incurred

15  in the performance of his or her duties in accordance with s.

16  112.061. The board shall develop a detailed policy regarding

17  travel expenses for board members which is subject to approval

18  by the department.

19         Section 18.  Section 627.4065, Florida Statutes, is

20  created to read:

21         627.4065  Insured's right to return policy; notice.--A

22  health insurance policy delivered or issued for delivery in

23  this state must have printed or stamped thereon or attached

24  thereto a notice in a prominent place stating in substance

25  that the policyholder may return the policy within 10 days

26  after its delivery to the insurer and to have the premium paid

27  refunded if, after examination of the policy or contract, the

28  policyholder is not satisfied with it for any reason. The

29  notice must provide that if the policyholder pursuant to such

30  notice returns the policy or contract to the insurer at its

31  home office or branch office or to the agent through whom it

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  1  was purchased, the policy or contract is void from the

  2  beginning and the parties are in the same position as if the

  3  policy or contract had not been issued. This section does not

  4  apply to a single premium nonrenewable policy or a travel

  5  accident policy.

  6         Section 19.  Section 627.4086, Florida Statutes, is

  7  created to read:

  8         627.4086  Statement that application has been read.--

  9         (1)  A policy of disability insurance may not be

10  delivered to any person in this state unless it contains a

11  notice stating in substance the following:

12

13                         IMPORTANT NOTICE

14

15  Please read the copy of the application attached to this

16  policy. Carefully check the application and write to the

17  company .......(address)....... within 10 days if any

18  information shown on it is not correct and complete, or if any

19  past medical history has been left out of the application.

20  This application is a part of the policy and the policy was

21  issued on the basis that the answers to all questions and the

22  information shown on the application are correct and complete.

23

24  This statement must be printed on or affixed by sticker to the

25  policy in a prominent manner in ink of a contrasting color.

26  Any wording of similar import or any procedure whereby the

27  equal results are obtained may be used upon approval by the

28  department.

29         (2)  This section does not apply if the application for

30  insurance is not attached to and made a part of the policy.

31

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  1         Section 20.  Section 627.41335, Florida Statutes, is

  2  created to read:

  3         627.41335  Statement of terms; acknowledgment by

  4  insured required.--An agent, in handling an application for

  5  health insurance, must obtain from the applicant a signed

  6  statement acknowledging that the applicant understands that

  7  upon proper notice the company may terminate the insurance at

  8  the end of any period for which the premium has been paid or

  9  may cancel the policy if it contains a cancellation provision.

10  The statement may be a part of the application itself or may

11  be separate. The statement may be obtained at the time of the

12  application, before the policy is delivered, or when the

13  policy is delivered. The wording of the statement must be as

14  follows: "I am aware that the company may terminate this

15  insurance at the end of any period for which the premium has

16  been paid." Different wording of similar import may be

17  approved by the department so as to accurately describe

18  different renewal conditions or provisions in line with the

19  terms of the contract. If this statement is on the

20  application, it must be isolated or separated, and a separate

21  signature is required at the end of the statement. The signed

22  statement must be kept on file by the insurer.

23         Section 21.  Section 627.41337, Florida Statutes, is

24  created to read:

25         627.41337  Noncancelable or noncancelable and

26  guaranteed renewable policies; use of terms.--The terms

27  "noncancelable" or "noncancelable and guaranteed renewable"

28  may be used only in a policy that the insured has the right to

29  continue in force by the timely payment of premiums set forth

30  in the policy until at least age 50, or, in the case of a

31  policy issued after age 44, the insurer may not unilaterally

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  1  make any change in any provision of the policy for at least 5

  2  years while the policy is in force. Except as provided in this

  3  section, the term "guaranteed renewable" may be used only in a

  4  policy that the insured has the right to continue in force by

  5  the timely payment of premiums until at least age 50, or, in

  6  the case of a policy issued after age 44, for at least 5 years

  7  after its date of issue the insurer may not unilaterally make

  8  any change in any provision of the policy while the policy is

  9  in force, except that the insurer may make changes in premium

10  rates by classes. This limitation on the use of the term

11  "noncancelable" also applies to any synonymous term such as

12  "not cancelable" and the limitation on the use of the term

13  "guaranteed renewable" also applies to any synonymous term

14  such as "guaranteed continuable." This section does not

15  restrict the development of a policy that has other guarantees

16  of renewability, and does not prevent the accurate description

17  of the terms of renewability or the classification of any such

18  policy as guaranteed renewable or noncancelable for any period

19  during which the policy may actually be guaranteed renewable

20  or noncancelable, if the terms used to describe guarantees of

21  renewability in policy contracts and advertising are not terms

22  that are readily confused with the terms "noncancelable" or

23  "noncancelable and guaranteed renewable."

24         Section 22.  Paragraph (a) of subsection (2) of section

25  627.429, Florida Statutes, is amended to read:

26         627.429  Medical tests for human immunodeficiency virus

27  infection and acquired immune deficiency syndrome for

28  insurance purposes.--

29         (2)  SCOPE.--

30         (a)  This section applies to all insurance policies,

31  and the underwriting thereof, which are issued in this state

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  1  or are issued outside this state pursuant to s. 627.5515 or s.

  2  627.6515 covering residents of this state; to prepaid limited

  3  health organizations; and to multiple-employer welfare

  4  arrangements defined in s. 624.437. For the purposes of this

  5  section, "insurer" includes authorized multiple-employer

  6  welfare arrangements.

  7         Section 23.  Section 627.4305, Florida Statutes, is

  8  created to read:

  9         627.4305  Rulemaking.--In exercising its authority to

10  adopt rules interpreting or implementing this part as provided

11  in s. 624.308, the department may make distinctions between

12  individual insurance policies and group, franchise, or blanket

13  insurance policies, and between various types or lines of

14  insurance. Such distinctions in the rules shall be based on

15  the varying degrees of consumer protection that the department

16  finds necessary.

17         Section 24.  Subsection (11) is added to section

18  627.481, Florida Statutes, to read:

19         627.481  Requirements for certain annuity agreements.--

20         (11)  The department shall adopt rules and forms for

21  the filing of annual statements and agreements pertaining to

22  donor annuity organizations.

23         Section 25.  Section 627.7276, Florida Statutes, is

24  created to read:

25         627.7276  Notice of limited coverage.--

26         (1)  Any insurance agent that undertakes to place only

27  insurance for property damage liability coverage on a motor

28  vehicle as defined by the Florida Motor Vehicle No-Fault Law

29  shall personally obtain from the prospective insured or

30  applicant a signed form acknowledging the requirement that

31  security be maintained pursuant to the Florida Motor Vehicle

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  1  No-Fault Law. The signed form must be maintained by the

  2  insurance agent in his files and must contain the following

  3  text:

  4

  5  The undersigned prospective insured hereby acknowledges that

  6  the Florida Motor Vehicle No-Fault Law requires an owner of a

  7  motor vehicle, as defined by the law, to maintain security to

  8  comply with said law, and further understands that any motor

  9  vehicle policy not providing personal injury protection

10  benefits does not comply with said law.

11

12  Failure to maintain security required by the Florida Motor

13  Vehicle No-Fault Law will result in the owner's being

14  personally liable for all benefits provided by law in addition

15  to revocation of the owner's registration and operator's

16  license.

17

18  .......(Signed).......

19  .......Licensed Agent.......

20

21  .......(Signed).......

22  .......Prospective Insured.......

23

24         (2)  An automobile policy that does not contain

25  coverage for bodily injury and property damage must be clearly

26  stamped or printed to the effect that such coverage is not

27  included in the policy in the following manner: "THIS POLICY

28  DOES NOT PROVIDE BODILY INJURY AND PROPERTY DAMAGE LIABILITY

29  INSURANCE OR ANY OTHER COVERAGE FOR WHICH A SPECIFIC PREMIUM

30  CHARGE IS NOT MADE, AND DOES NOT COMPLY WITH ANY FINANCIAL

31  RESPONSIBILITY LAW." This legend must appear on the policy

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  1  declaration page and on the filing back of the policy and

  2  shall be printed in a contrasting color from that used on the

  3  policy and in type larger than the largest type used in the

  4  text thereof, either as an overprint or by a rubber-stamp

  5  impression.

  6         Section 26.  Subsection (5) is added to section

  7  627.7282, Florida Statutes, to read:

  8         627.7282  Notice of additional premium; cancellation

  9  upon nonpayment.--

10         (5)  The department may adopt rules prescribing the

11  format of the notice and the required time period for

12  providing the notice.

13         Section 27.  Section 627.795, Florida Statutes, is

14  created to read:

15         627.795  Policy exceptions.--

16         (1)  A title insurance commitment shall be issued on

17  all real estate closing transactions when a title insurance

18  policy is to be issued, except multiple conveyances on the

19  same property, such as timesharing conveyances.

20         (2)  A "gap" exception may not be deleted on a title

21  insurance commitment until the time of closing.

22         Section 28.  Section 627.796, Florida Statutes, is

23  created to read:

24         627.796  Errors and omissions policy requirements.--A

25  title insurance policy may not be issued from a search

26  performed by any person other than a title insurance agent, or

27  an employee of a title insurer or title insurance agency,

28  unless that person has in effect an errors and omissions

29  policy that has minimum coverage limits of $250,000 and a

30  deductible that does not exceed $10,000.

31

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  1         Section 29.  Section 627.797, Florida Statutes, is

  2  created to read:

  3         627.797  Exempt agent list.--

  4         (1)  Every insurer shall file with the department a

  5  list containing the name and address of each appointed agent

  6  who is exempt from licensure under s. 626.8417(4) and who

  7  issues or countersigns binders, commitments, title insurance

  8  policies, or guarantees of title.

  9         (2)  Each month thereafter, the insurer shall report to

10  the department the name and address of any nonlicensed agent

11  whose appointment is granted or terminated.

12         Section 30.  Section 627.798, Florida Statutes, is

13  created to read:

14         627.798  Rulemaking authority.--The department shall by

15  rule adopt a form to be used to provide notice to a

16  purchaser-mortgagor that the purchaser-mortgagor is not

17  protected by the title policy of the mortgagee.

18         Section 31.  Section 627.8405, Florida Statutes, is

19  amended to read:

20         627.8405  Prohibited acts; financing companies.--No

21  premium finance company shall, in a premium finance agreement

22  or other agreement, finance the cost of or otherwise provide

23  for the collection or remittance of dues, assessments, fees,

24  or other periodic payments of money for the cost of:

25         (1)  A membership in an automobile club. The term

26  "automobile club" means a legal entity which, in consideration

27  of dues, assessments, or periodic payments of money, promises

28  its members or subscribers to assist them in matters relating

29  to the ownership, operation, use, or maintenance of a motor

30  vehicle; however, this definition of "automobile club" does

31  not include persons, associations, or corporations which are

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  1  organized and operated solely for the purpose of conducting,

  2  sponsoring, or sanctioning motor vehicle races, exhibitions,

  3  or contests upon racetracks, or upon racecourses established

  4  and marked as such for the duration of such particular events.

  5  The words "motor vehicle" used herein have the same meaning as

  6  defined in chapter 320.

  7         (2)  An accidental death and dismemberment policy sold

  8  in combination with a personal injury protection and property

  9  damage only policy.

10         (3)  Any product not regulated under the provisions of

11  this insurance code.

12

13  This section also applies to premium financing by any

14  insurance agent or insurance company under part XVI. The

15  department shall adopt promulgate rules to assure disclosure,

16  at the time of sale, of coverages financed with personal

17  injury protection and shall prescribe the form of such

18  disclosure.

19         Section 32.  Subsection (3) is added to section

20  627.848, Florida Statutes, to read:

21         627.848  Cancellation of insurance contract upon

22  default.--

23         (3)  The department shall adopt a standard cancellation

24  notice for use by premium finance companies in canceling

25  insurance policies. The department shall specify the color of

26  the notice so as to promote usability and standardization.

27         Section 33.  Subsection (1) of section 627.918, Florida

28  Statutes, is amended to read:

29         627.918  Reporting formats.--

30         (1)  The department shall require that the reporting

31  provided for in this part be made on forms approved

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  1  established by the department or in a format compatible with

  2  its electronic data processing equipment. The department shall

  3  establish by rule standards for approving the forms.

  4         Section 34.  Section 627.955, Florida Statutes, is

  5  created to read:

  6         627.955  Limitation on deductibles.--A purchasing group

  7  may not purchase insurance that provides for a deductible or

  8  self-insured retention that is applicable to the group as a

  9  whole. However, coverage may provide for a deductible or

10  self-insured retention that is applicable to individual

11  members.

12         Section 35.  Subsection (3) is added to section

13  635.071, Florida Statutes, to read:

14         635.071  Filings, approval of forms; rate filings.--

15         (3)  An insurer may not insure mortgages that are

16  offered for sale to the public by advertisement, whether in

17  newspapers, brochures, direct mailings, or similar media, if

18  the advertisement expressly or impliedly represents or

19  stresses that the worth, value, or safety of the mortgage

20  investment arises by virtue of the proposed mortgage guaranty

21  insurance rather than by virtue of the safety inherent in the

22  value of the underlying security as it relates to the face

23  value of the mortgage debt, or if the advertisement stresses

24  the fact that the mortgage guaranty insurance is regulated by

25  an agency of the state or Federal Government.

26         Section 36.  Section 636.0225, Florida Statutes, is

27  created to read:

28         636.0225  Conversion on termination of eligibility.--A

29  group prepaid limited health service contract delivered or

30  issued for delivery in this state by a prepaid limited health

31  service organization must provide that a subscriber or covered

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  1  dependent whose coverage under the group prepaid limited

  2  health service contract has been terminated for any reason,

  3  including discontinuance of the group prepaid limited health

  4  service contract in its entirety or with respect to a covered

  5  class, and who has been continuously covered under the group

  6  prepaid limited health service contract or under any group

  7  prepaid limited health service contract that provides similar

  8  benefits which it replaces, for at least 3 months immediately

  9  prior to termination, is entitled to have issued to him or her

10  by the prepaid limited health service organization a prepaid

11  limited health service contract, referred to in this section

12  as a "converted contract." A subscriber or covered dependent

13  is not entitled to have a converted contract issued to him or

14  her if termination of his or her coverage under the group

15  prepaid limited health service contract occurred for any of

16  the following reasons:

17         (1)  Failure to pay any required premium or

18  contribution, unless such nonpayment was due to acts of an

19  employer or person other than the individual;

20         (2)  Replacement of any discontinued group coverage by

21  similar group coverage within 31 days;

22         (3)  Fraud or material misrepresentation in applying

23  for any benefits under the prepaid limited health service

24  contract;

25         (4)  Willful and knowing misuse of the prepaid limited

26  health service organization identification membership card by

27  the subscriber;

28         (5)  Willfully and knowingly furnishing incorrect or

29  incomplete information to the organization for the purpose of

30  fraudulently obtaining coverage or benefits from the

31  organization;

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  1         (6)  The subscriber has left the geographic area of the

  2  prepaid limited health service organization with the intent to

  3  relocate or establish a new residence outside the

  4  organization's geographic area; or

  5         (7)  The subscriber or covered dependent was

  6  disenrolled for cause. A prepaid limited health service

  7  organization may disenroll a subscriber for cause only if the

  8  subscriber's behavior is disruptive, unruly, abusive, or

  9  uncooperative to the extent that his or her continuing

10  membership in the organization seriously impairs the

11  organization's ability to furnish services to the subscriber

12  or other subscribers, and if the organization has:

13         (a)  Made a serious effort to resolve the problem

14  presented by the subscriber, including the use or attempted

15  use of grievance procedures;

16         (b)  Ascertained that the subscriber's behavior does

17  not directly result from an existing medical condition; and

18         (c)  Documented the problems, efforts, and medical

19  conditions, as described in this subsection.

20         Section 37.  Section 636.0226, Florida Statutes, is

21  created to read:

22         636.0226  Conversion contracts; conditions.--Issuance

23  of a converted prepaid limited health services contract is

24  subject to the following conditions:

25         (1)  TIME LIMIT.--Written application for a converted

26  prepaid limited health services contract must be made and the

27  first premium paid to the prepaid limited health service

28  organization not later than 63 days after such termination.

29  However, if termination was the result of failure to pay any

30  required premium or contribution and such nonpayment of

31  premium was due to acts of an employer, group contract holder,

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  1  or person other than the subscriber, written application for

  2  the contract must be made and the first premium must be paid

  3  not later than 63 days after notice of termination is mailed

  4  by the organization, the employer, or person, whichever is

  5  earlier, to the subscriber's last address as shown by the

  6  record of the organization, whichever is applicable. In the

  7  case of termination due to nonpayment of premium by the group

  8  contract holder, the premium for the converted contract may

  9  not exceed the rate for the prior group coverage for the

10  period of coverage under the converted contract prior to the

11  date notice of termination is mailed to the employee or

12  individual subscriber. For the period of coverage after such

13  date, the premium for the converted contract is subject to the

14  requirements of subsection (3).

15         (2)  EVIDENCE OF INSURABILITY.--The converted contract

16  shall be issued without evidence of insurability.

17         (3)  CONVERSION PREMIUM.--The premium for the converted

18  contract shall be determined in accordance with premium rates

19  applicable to the age and class of risk of each person to be

20  covered under the converted contract and to the type and

21  amount of coverage provided. However, the premium for the

22  converted contract may not exceed 200 percent of the prior

23  premium. The mode of payment for the converted contract shall

24  be quarterly or more frequently at the option of the

25  organization, unless otherwise mutually agreed upon between

26  the subscriber and the organization.

27         (4)  EFFECTIVE DATE OF COVERAGE.--The effective date of

28  the converted contract shall be the day following the

29  termination of coverage under the group prepaid limited health

30  service contract. However, until application is made and the

31  first premium is paid, the prepaid limited health service

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  1  organization may charge the subscriber, on a fee-for-service

  2  basis, for any services rendered to the subscriber after the

  3  date on which the subscriber ceases to be eligible under the

  4  group prepaid limited health service contract. When

  5  application is made and the first premium is paid, the

  6  organization shall reimburse the subscriber for any payment

  7  made by the subscriber for covered services under the

  8  converted contract.

  9         (5)  SCOPE OF COVERAGE.--The converted contract shall

10  cover the subscriber or dependents who were covered by the

11  group prepaid limited health service contract on the date of

12  termination of coverage. At the option of the prepaid limited

13  health service organization, a separate converted contract may

14  be issued to cover any dependent.

15         (6)  OPTIONAL COVERAGE.--

16         (a)  The prepaid limited health service organization is

17  not required to issue a converted prepaid limited health

18  service contract covering any person if:

19         1.  The person is covered for similar benefits by

20  another policy or plan;

21         2.  The person is eligible for similar benefits,

22  whether or not covered therefor, under any arrangement of

23  coverage for individuals in a group, whether on an insured or

24  uninsured basis; or

25         3.  Similar benefits are provided for or are available

26  to the person pursuant to or in accordance with the

27  requirements of any state or federal law.

28         (b)  A converted prepaid limited health service

29  contract may include a provision whereby the prepaid limited

30  health service organization may request information, in

31  advance of any premium due date of a prepaid limited health

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  1  service contract, of any person covered thereunder as to

  2  whether:

  3         1.  She or he is covered for similar benefits by

  4  another policy or plan;

  5         2.  She or he is covered for similar benefits under any

  6  arrangement of coverage for individuals in a group, whether on

  7  an insured or uninsured basis; or

  8         3.  Similar benefits are provided for or are available

  9  to the person pursuant to or in accordance with the

10  requirements of any state or federal law.

11         (7)  REASONS FOR CANCELLATION; TERMINATION.--The

12  converted prepaid limited health service contract must contain

13  a cancellation or nonrenewability clause that provides that

14  the prepaid limited health service organization may refuse to

15  renew the contract of any person covered under the contract,

16  but cancellation or nonrenewal must be limited to one or more

17  of the following reasons:

18         (a)  Fraud or intentional misrepresentation in applying

19  for any benefits under the converted prepaid limited health

20  service contract.

21         (b)  Disenrollment for cause, after following the

22  procedures outlined by the prepaid limited health services

23  organization.

24         (c)  Willful and knowing misuse of the prepaid limited

25  health service organization identification membership card by

26  the subscriber or the willful and knowing furnishing to the

27  organization by the subscriber of incorrect or incomplete

28  information for the purpose of fraudulently obtaining coverage

29  or benefits from the organization.

30         (d)  Failure, after notice, to pay required premiums.

31

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  1         (e)  The subscriber has left the geographic area of the

  2  prepaid limited health service organization with the intent to

  3  relocate or establish a new residence outside the

  4  organization's geographic area.

  5         (f)  A dependent of the subscriber has reached the

  6  limiting age under the converted contract, subject to

  7  subsection (12); however the refusal to renew coverage applies

  8  only to coverage of the dependent, except in the case of

  9  handicapped children.

10         (g)  A change in marital status which makes a person

11  ineligible under the original terms of the converted contract,

12  subject to subsection (12).

13         (8)  BENEFITS OFFERED.--A prepaid limited health

14  service organization is not required to issue a converted

15  contract that provides benefits in excess of those provided

16  under the group prepaid limited health service contract from

17  which conversion is made. The converted prepaid limited health

18  service contract must meet the requirements of law pertaining

19  to prepaid limited health service contracts and must include a

20  level of benefits for minimum services which is substantially

21  similar to the level of benefits for these services included

22  in the group prepaid limited health service organization

23  contract from which the termination is made.

24         (9)  PREEXISTING-CONDITION PROVISION.--The converted

25  prepaid limited health service contract may not exclude a

26  preexisting condition that is not excluded by the group

27  contract. However, the converted prepaid limited health

28  service contract may provide that any coverage benefits may be

29  reduced by the amount of any coverage or benefits under the

30  group prepaid limited health service contract after the

31  termination of the person's coverage or benefits under the

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  1  contract. The converted prepaid limited health service

  2  contract may also include provisions so that during the first

  3  coverage year the coverage or benefits under the converted

  4  contract, together with the coverage or benefits under the

  5  group prepaid limited health service contract, may not exceed

  6  those that would have been provided if the individual's

  7  coverage or benefits under the group contract had remained in

  8  force and effect.

  9         (10)  CONVERSION PRIVILEGE ALLOWED.--Subject to the

10  conditions set forth in this section, the conversion privilege

11  shall also be available to:

12         (a)  The surviving spouse, if any, at the death of the

13  subscriber, with respect to the spouse and such children whose

14  coverages under the group prepaid limited health service

15  contract terminate by reason of such death, otherwise to each

16  surviving child whose coverage under the group prepaid limited

17  health service contract terminates by reason of such death or,

18  if the group contract provides for continuation of dependents'

19  coverages following the subscriber's death, at the end of such

20  continuation;

21         (b)  The former spouse whose coverage would otherwise

22  terminate because of annulment or dissolution of marriage, if

23  the former spouse is dependent for financial support;

24         (c)  The spouse of the subscriber upon termination of

25  coverage of the spouse, while the subscriber remains covered

26  under the group prepaid limited health service contract, by

27  reason of ceasing to be a qualified family member under the

28  group prepaid limited health service contract, with respect to

29  the spouse and such children whose coverages under the group

30  prepaid limited health service contract terminate at the same

31  time; or

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  1         (d)  A child solely with respect to herself or himself

  2  upon termination of the child's coverage by reason of ceasing

  3  to be a qualified family member under the group prepaid

  4  limited health service contract or under any converted

  5  contract, if a conversion privilege is not otherwise provided

  6  under this subsection with respect to such termination.

  7         (11)  GROUP COVERAGE IN LIEU OF INDIVIDUAL

  8  COVERAGE.--The prepaid limited health service organization may

  9  elect to provide group prepaid limited health service

10  organization coverage through a group converted contract in

11  lieu of the issuance of an individual converted contract.

12         (12)  NOTIFICATION.--A notification of the conversion

13  privilege must be included in each prepaid limited health

14  service contract and in any certificate or member's handbook.

15  The organization shall mail an election and premium notice

16  form, including an outline of coverage, on a form approved by

17  the department, within 14 days after any individual who is

18  eligible for a converted prepaid limited health service

19  contract gives notice to the organization that the individual

20  is considering applying for the converted contract or

21  otherwise requests such information. The outline of coverage

22  must contain a description of the principal benefits and

23  coverage provided by the contract and its principal exclusions

24  and limitations, including, but not limited to, deductibles

25  and coinsurance.

26         Section 38.  Section 648.4425, Florida Statutes, is

27  amended to read:

28         648.4425  Notice.--Upon issuing a bond, the bail bond

29  agent shall provide to the principal and, if applicable, to

30  the party rendering collateral or indemnifying the principal

31  an informational notice which shall include:

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  1         (1)  A statement noting with particularity the

  2  restrictions, if any, placed on the principal as a condition

  3  of the bond;

  4         (2)  A statement of the bail bond agent's powers

  5  relating to the cancellation of the bond and recommitment of

  6  the principal; and

  7         (3)  The name, address, and telephone number of the

  8  department for complaints or inquiries.

  9

10  The department shall prescribe forms to administer this

11  section.

12         Section 39.  Subsection (6) is added to section

13  651.033, Florida Statutes, to read:

14         651.033  Escrow accounts.--

15         (6)  The department is a party in interest and a

16  required signator to any escrow agreement or letter of credit

17  and to any amendment to an escrow agreement or letter of

18  credit.

19         Section 40.  Subsection (4) is added to section

20  791.015, Florida Statutes, to read:

21         791.015  Registration of manufacturers, distributors,

22  wholesalers, and retailers of sparklers.--

23         (4)  RULES.--The State Fire Marshal may adopt rules

24  establishing a form to be used by entities wishing to do

25  business in this state pursuant to this section.

26         Section 41.  This act shall take effect upon becoming a

27  law.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises various provisions pertaining to the regulatory
      authority of the Department of Insurance. Revises
  4    requirements for regulating the operation of boilers.
      Provides for rules governing market conduct examinations.
  5    Provides for rules governing certain applications by
      foreign insurers. Requires that health insurers provide
  6    information to the department pertaining to the training
      and instruction of agents. Provides for rules governing
  7    certain investments by domestic life insurers. Provides
      for rules governing the license application process for
  8    insurance representatives. Revises requirements for
      course providers, instructors, and other groups that
  9    provide prelicensure education for insurance agents and
      other licensees. Provides for rules governing the
10    appointment of customer representatives. Prohibits
      certain discriminatory practices with respect to motor
11    vehicle insurance. Provides additional requirements for
      insurance sold in connection with an extension of credit
12    or the sale or lease of goods or services. Revises
      requirements for insurers and rating organizations in
13    establishing rates. Provides for rules governing claims
      under commercial motor vehicle policies. Requires that
14    the residual market boards adopt rules to prevent
      conflicts of interest and inappropriate behavior. Revises
15    provisions governing the issuance of health insurance.
      Limits the use of the terms "noncancelable" or
16    "noncancelable and guaranteed renewable" by insurers.
      Requires that motor vehicle policies that do not provide
17    coverage for bodily injury and property damage liability
      or that do not comply with the Florida Motor Vehicle
18    No-Fault Law contain certain notice provisions. Provides
      additional requirements for title insurance commitments
19    and persons performing title searches. Requires that
      group prepaid limited health service contracts provide
20    for conversion upon termination of eligibility. Provides
      requirements for such conversion contracts. Authorizes
21    the State Fire Marshal to adopt registration forms for
      use by sparkler manufacturers and distributors. (See bill
22    for details.)

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