Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 764
Barcode 154806
CHAMBER ACTION
Senate House
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04/19/2006 11:58 AM .
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11 Senator Aronberg moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. This act may be cited as the "Freedom to
18 Travel Act."
19 Section 2. Paragraph (dd) is added to subsection (1)
20 of section 626.9541, Florida Statutes, to read:
21 626.9541 Unfair methods of competition and unfair or
22 deceptive acts or practices defined.--
23 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR
24 DECEPTIVE ACTS.--The following are defined as unfair methods
25 of competition and unfair or deceptive acts or practices:
26 (dd) Life insurance limitations based on past foreign
27 travel experiences or future foreign travel plans.--
28 1. An insurer may not refuse life insurance to, refuse
29 to continue the life insurance of, or limit the amount,
30 extent, or kind of life insurance coverage available to an
31 individual based solely on the individual's past lawful
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 764
Barcode 154806
1 foreign travel experiences.
2 2. An insurer may not refuse life insurance to, refuse
3 to continue the life insurance of, or limit the amount,
4 extent, or kind of life insurance coverage available to an
5 individual based solely on the individual's future lawful
6 travel plans unless the insurer can demonstrate and the Office
7 of Insurance Regulation determines that:
8 a. Individuals who travel are a separate actuarially
9 supportable class whose risk of loss is different from those
10 individuals who do not travel; and
11 b. Such risk classification is based upon sound
12 actuarial principles and actual or reasonably anticipated
13 experience that correlates to the risk of travel to a specific
14 destination.
15 3. The commission may adopt rules pursuant to ss.
16 120.536(1) and 120.54 necessary to implement this paragraph
17 and may provide for limited exceptions that are based upon
18 national or international emergency conditions that affect the
19 public health, safety, and welfare and that are consistent
20 with public policy.
21 4. Each market conduct examination of a life insurer
22 conducted pursuant to s. 624.3161 shall include a review of
23 every application under which such insurer refused to issue
24 life insurance, refused to continue life insurance, or limited
25 the amount, extent, or kind of life insurance issued, based
26 upon future lawful travel plans.
27 5. The administrative fines provided in s. 624.4211(2)
28 and (3) shall be trebled for violations of this paragraph.
29 6. The Office of Insurance Regulation shall report to
30 the President of the Senate and the Speaker of the House of
31 Representatives by March 1, 2007, and on the same date
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 764
Barcode 154806
1 annually thereafter, on the implementation of this paragraph.
2 The report shall include, but not be limited to, the number of
3 applications under which life insurance was denied,
4 continuance was refused, or coverage was limited based on
5 future travel plans, the number of insurers taking such
6 action, and the reason for taking each such action.
7 Section 3. This act shall take effect July 1, 2006.
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10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 Delete everything before the enacting clause
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14 and insert:
15 A bill to be entitled
16 An act relating to travel-limited life
17 insurance coverage; providing a short title;
18 amending s. 626.9541, F.S.; specifying
19 prohibited activities by insurers for life
20 insurance coverage relating to lawful travel
21 experiences or plans; authorizing the Financial
22 Services Commission to adopt rules and provide
23 certain limited exceptions based on emergency
24 conditions and public policy; requiring market
25 conduct examinations of life insurers to
26 include a review of certain applications;
27 providing for trebling certain administrative
28 fines for certain violations; requiring the
29 Office of Insurance Regulation to report
30 annually to the Legislature; providing report
31 requirements; providing an effective date.
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