Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1334
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Banking and Insurance (Brandes) recommended the
    1         Senate Substitute for Amendment (893146) (with title
    2  amendment)
    4         Between lines 693 and 694
    5  insert:
    6         Section 27. Paragraph (a) of subsection (1) of section
    7  440.12, Florida Statutes, is amended to read:
    8         440.12 Time for commencement and limits on weekly rate of
    9  compensation.—
   10         (1) Compensation is not allowed for the first 7 days of the
   11  disability, except for benefits provided under s. 440.13.
   12  However, if the injury results in more than 21 days of
   13  disability, compensation is allowed from the commencement of the
   14  disability.
   15         (a) All weekly compensation payments, except for the first
   16  payment, must be paid by check or, if authorized by the
   17  employee, paid on a prepaid card pursuant to paragraph (b), or
   18  deposited directly into the employee’s account at a financial
   19  institution as defined in s. 655.005, or transmitted to the
   20  employee’s account with a money transmitter licensed under part
   21  II of chapter 560.
   22         Section 28. Paragraph (a) of subsection (1) and paragraph
   23  (a) of subsection (6) of section 440.20, Florida Statutes, is
   24  amended to read:
   25         440.20 Time for payment of compensation and medical bills;
   26  penalties for late payment.—
   27         (1)(a) Unless the carrier denies compensability or
   28  entitlement to benefits, the carrier shall pay compensation
   29  directly to the employee as required by ss. 440.14, 440.15, and
   30  440.16, in accordance with those sections. Upon receipt of the
   31  employee’s authorization as provided for in s. 440.12(1)(a), the
   32  carrier’s obligation to pay compensation directly to the
   33  employee is satisfied when the carrier directly deposits, by
   34  electronic transfer or other means, compensation into the
   35  employee’s account at a financial institution as defined in s.
   36  655.005 or onto a prepaid card in accordance with s. 440.12(1)
   37  or transmits the employee’s compensation to the employee’s
   38  account with a money transmitter licensed under part II of
   39  chapter 560. Compensation by direct deposit, or through the use
   40  of a prepaid card, or through transmission is considered paid on
   41  the date the funds become available for withdrawal by the
   42  employee.
   43         (6)(a) If any installment of compensation for death or
   44  dependency benefits, or compensation for disability benefits
   45  payable without an award is not paid within 7 days after it
   46  becomes due, as provided in subsection (2), subsection (3), or
   47  subsection (4), there shall be added to such unpaid installment
   48  a penalty of an amount equal to 20 percent of the unpaid
   49  installment, which shall be paid at the same time as, but in
   50  addition to, such installment of compensation. This penalty
   51  shall not apply for late payments resulting from conditions over
   52  which the employer or carrier had no control. When any
   53  installment of compensation payable without an award has not
   54  been paid within 7 days after it became due and the claimant
   55  concludes the prosecution of the claim before a judge of
   56  compensation claims without having specifically claimed
   57  additional compensation in the nature of a penalty under this
   58  section, the claimant will be deemed to have acknowledged that,
   59  owing to conditions over which the employer or carrier had no
   60  control, such installment could not be paid within the period
   61  prescribed for payment and to have waived the right to claim
   62  such penalty. However, during the course of a hearing, the judge
   63  of compensation claims shall on her or his own motion raise the
   64  question of whether such penalty should be awarded or excused.
   65  The department may assess without a hearing the penalty against
   66  either the employer or the carrier, depending upon who was at
   67  fault in causing the delay. The insurance policy cannot provide
   68  that this sum will be paid by the carrier if the department or
   69  the judge of compensation claims determines that the penalty
   70  should be paid by the employer rather than the carrier. Any
   71  additional installment of compensation paid by the carrier
   72  pursuant to this section shall be paid directly to the employee
   73  by check or, if authorized by the employee, by direct deposit
   74  into the employee’s account at a financial institution or by
   75  transmission to the employee’s account with a money transmitter
   76  licensed under part II of chapter 560.
   77         Section 29. Paragraph (c) of subsection (1) of section
   78  626.321, Florida Statutes, is amended to read:
   79         626.321 Limited licenses and registration.—
   80         (1) The department shall issue to a qualified applicant a
   81  license as agent authorized to transact a limited class of
   82  business in any of the following categories of limited lines
   83  insurance:
   84         (c) Travel insurance.—License covering only policies and
   85  certificates of travel insurance which are subject to review by
   86  the office. Policies and certificates of travel insurance may
   87  provide coverage for travel insurance, as defined in s. 647.02
   88  risks incidental to travel, planned travel, or accommodations
   89  while traveling, including, but not limited to, accidental death
   90  and dismemberment of a traveler; trip or event cancellation,
   91  interruption, or delay; loss of or damage to personal effects or
   92  travel documents; damages to travel accommodations; baggage
   93  delay; emergency medical travel or evacuation of a traveler; or
   94  medical, surgical, and hospital expenses related to an illness
   95  or emergency of a traveler. Such policy or certificate may be
   96  issued for terms longer than 90 days, but, other than a policy
   97  or certificate providing coverage for air ambulatory services
   98  only, each policy or certificate must be limited to coverage for
   99  travel or use of accommodations of no longer than 90 days. The
  100  license may be issued only to an individual or business entity
  101  that has filed with the department an application for a license
  102  in a form and manner prescribed by the department.
  103         1.A limited lines travel insurance producer, as defined in
  104  s. 647.02, shall be licensed to sell, solicit, or negotiate
  105  travel insurance through a licensed insurer.
  106         2.A person may not act as a limited lines travel insurance
  107  producer or travel retailer unless properly licensed or
  108  registered, respectively. As used in this paragraph, the term
  109  “travel retailer” means a business entity that:
  110         a.Makes, arranges, or offers planned travel.
  111         b.May, under subparagraph 3., offer and disseminate travel
  112  insurance as a service to its customers on behalf of and under
  113  the direction of a limited lines travel insurance producer.
  114         3.A travel retailer may offer and disseminate travel
  115  insurance under a limited lines travel insurance producer
  116  business entity license only if all of the following
  117  requirements are met:
  118         a.The limited lines travel insurance producer or travel
  119  retailer provides to purchasers of travel insurance:
  120         (I)A description of the material terms or the actual
  121  material terms of the insurance coverage.
  122         (II)A description of the process for filing a claim.
  123         (III)A description of the review or cancellation process
  124  for the travel insurance policy.
  125         (IV)The identity and contact information of the insurer
  126  and limited lines travel insurance producer.
  127         b.At the time of licensure, the limited lines travel
  128  insurance producer establishes and maintains a register on the
  129  department’s website and appoints each travel retailer that
  130  offers travel insurance on behalf of the limited lines travel
  131  insurance producer. The limited lines travel insurance producer
  132  must maintain and update the register, which must include the
  133  travel retailer’s federal tax identification number and the
  134  name, address, and contact information of the travel retailer
  135  and an officer or person who directs or controls the travel
  136  retailer’s operations. The limited lines travel insurance
  137  producer shall submit the register to the department upon
  138  reasonable request. The limited lines travel insurance producer
  139  shall also certify that the travel retailer register complies
  140  with 18 U.S.C. s. 1033. The grounds for the suspension and
  141  revocation and the penalties applicable to resident insurance
  142  producers under this section apply to the limited lines travel
  143  insurance producers and travel retailers.
  144         c.The limited lines travel insurance producer has
  145  designated one of its employees as the designated responsible
  146  producer. The designated responsible producer, who must be a
  147  licensed insurance producer, is responsible for the compliance
  148  with the travel insurance laws and regulations applicable to the
  149  limited lines travel insurance producer and its registrants. The
  150  designated responsible producer and the president, secretary,
  151  treasurer, and any other officer or person who directs or
  152  controls the limited lines travel insurance producer’s insurance
  153  operations must comply with the fingerprinting requirements
  154  applicable to insurance producers in the resident state of the
  155  limited lines travel insurance producer.
  156         d.The limited lines travel insurance producer has paid all
  157  applicable licensing and appointment fees, as set forth in
  158  applicable general law.
  159         e.The limited lines travel insurance producer requires
  160  each employee and each authorized representative of the travel
  161  retailer whose duties include offering and disseminating travel
  162  insurance to receive a program of instruction or training, which
  163  is subject, at the discretion of the department, to review and
  164  approval. The training material must, at a minimum, contain
  165  adequate instructions on the types of insurance offered, ethical
  166  sales practices, and required disclosures to prospective
  167  purchasers.
  169  As used in this paragraph, the term “offer and disseminate”
  170  means to provide general information, including a description of
  171  the coverage and price, as well as processing the application
  172  and collecting premiums.
  173         4.A travel retailer offering or disseminating travel
  174  insurance shall make available to prospective purchasers
  175  brochures or other written materials that have been approved by
  176  the travel insurer. Such materials must include information
  177  that, at a minimum:
  178         a.Provides the identity and contact information of the
  179  insurer and the limited lines travel insurance producer.
  180         b.Explains that the purchase of travel insurance is not
  181  required in order to purchase any other product or service from
  182  the travel retailer.
  183         c.Explains that a travel retailer is authorized to provide
  184  only general information about the insurance offered by the
  185  travel retailer, including a description of the coverage and
  186  price, but is not qualified or authorized to answer technical
  187  questions about the terms and conditions of the insurance
  188  offered by the travel retailer or to evaluate the adequacy of
  189  the customer’s existing insurance coverage.
  190         5.A travel retailer employee or authorized representative
  191  who is not licensed as an insurance producer may not:
  192         a.Evaluate or interpret the technical terms, benefits, and
  193  conditions of the offered travel insurance coverage;
  194         b.Evaluate or provide advice concerning a prospective
  195  purchaser’s existing insurance coverage; or
  196         c.Hold himself or herself or the travel retailer out as a
  197  licensed insurer, licensed producer, or insurance expert.
  199  Notwithstanding any other provision of law, a travel retailer
  200  whose insurance-related activities, and those of its employees
  201  and authorized representatives, are limited to offering and
  202  disseminating travel insurance on behalf of and under the
  203  direction of a limited lines travel insurance producer meeting
  204  the conditions in this section may receive related compensation
  205  upon registration by the limited lines travel insurance producer
  206  as described in paragraph (2)(b).
  207         6.As the insurer’s designee, the limited lines travel
  208  insurance producer is responsible for the acts of the travel
  209  retailer and shall use reasonable means to ensure compliance by
  210  the travel retailer with this section.
  211         7.Any person licensed as a general or personal lines agent
  212  may sell, solicit, and negotiate travel insurance.
  213         : 1.To a full-time salaried employee of a common carrier
  214  or a full-time salaried employee or owner of a transportation
  215  ticket agency and may authorize the sale of such ticket policies
  216  only in connection with the sale of transportation tickets, or
  217  to the full-time salaried employee of such an agent. Such policy
  218  may not be for more than 48 hours or more than the duration of a
  219  specified one-way trip or round trip.
  220         2.To an entity or individual that is:
  221         a.The developer of a timeshare plan that is the subject of
  222  an approved public offering statement under chapter 721;
  223         b.An exchange company operating an exchange program
  224  approved under chapter 721;
  225         c.A managing entity operating a timeshare plan approved
  226  under chapter 721;
  227         d.A seller of travel as defined in chapter 559; or
  228         e.A subsidiary or affiliate of any of the entities
  229  described in sub-subparagraphs a.-d.
  230         3.To a full-time salaried employee of a licensed general
  231  lines agent or a business entity that offers travel planning
  232  services if insurance sales activities authorized by the license
  233  are in connection with, and incidental to, travel.
  234         a.A license issued to a business entity that offers travel
  235  planning services must encompass each office, branch office, or
  236  place of business making use of the entity’s business name in
  237  order to offer, solicit, and sell insurance pursuant to this
  238  paragraph.
  239         b.The application for licensure must list the name,
  240  address, and phone number for each office, branch office, or
  241  place of business that is to be covered by the license. The
  242  licensee shall notify the department of the name, address, and
  243  phone number of any new location that is to be covered by the
  244  license before the new office, branch office, or place of
  245  business engages in the sale of insurance pursuant to this
  246  paragraph. The licensee shall notify the department within 30
  247  days after the closing or terminating of an office, branch
  248  office, or place of business. Upon receipt of the notice, the
  249  department shall delete the office, branch office, or place of
  250  business from the license.
  251         c.A licensed and appointed entity is directly responsible
  252  and accountable for all acts of the licensee’s employees and
  253  parties with whom the licensee has entered into a contractual
  254  agreement to offer travel insurance.
  256  A licensee shall require each individual who offers policies or
  257  certificates under subparagraph 2. or subparagraph 3. to receive
  258  initial training from a general lines agent or an insurer
  259  authorized under chapter 624 to transact insurance within this
  260  state. For an entity applying for a license as a travel
  261  insurance agent, the fingerprinting requirement of this section
  262  applies only to the president, secretary, and treasurer and to
  263  any other officer or person who directs or controls the travel
  264  insurance operations of the entity.
  265         Section 30. Present subsection (4) of section 627.914,
  266  Florida Statutes, is redesignated as subsection (5), a new
  267  subsection (4) is added to that section, and subsections (2) and
  268  (3) of that section are amended, to read:
  269         627.914 Reports of information by workers’ compensation
  270  insurers required.—
  271         (2)(a) Each insurer and self-insurance fund authorized to
  272  write a policy of workers’ compensation insurance shall report
  273  transmit the following information annually on both Florida
  274  experience and nationwide experience separately:
  275         1.(a) Payrolls by classification.
  276         2.(b) Manual premiums by classification.
  277         3.(c) Standard premiums by classification.
  278         4.(d) Losses by classification and injury type.
  279         5.(e) Expenses.
  281  An insurer or self-insurance fund that is placed in receivership
  282  pursuant to part I of chapter 631 must continue to report the
  283  information required under this paragraph. At the discretion of
  284  the receiver, the insurer or self-insurance fund may outsource
  285  the reporting of such information to a third-party reporting
  286  vendor. The office shall approve a modified reporting plan that
  287  is limited in terms of data elements.
  288         (b) A report of the this information required under
  289  paragraph (a) shall be filed no later than July 1 of each year.
  290  All reports shall be filed in accordance with standard reporting
  291  procedures for insurers, which procedures have received approval
  292  by the office, and shall contain data for the most recent policy
  293  period available. A statistical or rating organization may be
  294  used by insurers and self-insurance funds to report the data
  295  required by this section. The statistical or rating organization
  296  shall report each data element in the aggregate only for
  297  insurers and self-insurance funds required to report under this
  298  section who elect to have the organization report on their
  299  behalf. Such insurers and self-insurance funds shall be named in
  300  the report.
  301         (3) Individual self-insurers as defined in s. 440.02 shall
  302  report only Florida data as prescribed in subparagraphs
  303  (2)(a)1.-5. paragraphs (2)(a)-(e) to the office.
  304         (a) The office shall publish the dates and forms necessary
  305  to enable individual self-insurers to comply with this section.
  306         (b) A statistical or rating organization may be used by
  307  individual self-insurers for the purposes of reporting the data
  308  required by this section and calculating experience ratings.
  309         (4)The office may use the information it receives under
  310  this section in its adoption of rates and experience ratings
  311  modifications.
  312         Section 31. The Division of Law Revision is directed to
  313  create chapter 647, Florida Statutes, consisting of ss. 647.01
  314  647.08, Florida Statutes, to be entitled “Travel Insurance.”
  315         Section 32. Section 647.01, Florida Statutes, is created to
  316  read:
  317         647.01Purpose and scope.—
  318         (1)The purpose of this chapter is to promote the public
  319  welfare by creating a comprehensive legal framework within which
  320  travel insurance may be sold in this state.
  321         (2)This chapter applies to:
  322         (a)Travel insurance that covers any resident of this state
  323  and that is sold, solicited, negotiated, or offered in this
  324  state.
  325         (b)Policies and certificates that are delivered or issued
  326  for delivery in this state.
  328  This chapter does not apply to cancellation fee waivers or
  329  travel assistance services, except as expressly provided in this
  330  chapter.
  331         (3)All other applicable provisions of the insurance laws
  332  of this state continue to apply to travel insurance, except that
  333  the specific provisions of this chapter shall supersede any
  334  general provisions of law that would otherwise be applicable to
  335  travel insurance.
  336         Section 33. Section 647.02, Florida Statutes, is created to
  337  read:
  338         647.02Definitions.—As used in this chapter, the term:
  339         (1)“Aggregator site” means a website that provides access
  340  to information regarding insurance products from more than one
  341  insurer, including product and insurer information, for use in
  342  comparison shopping.
  343         (2)“Blanket travel insurance” means a policy of travel
  344  insurance issued to an eligible group providing coverage to all
  345  members of the eligible group without a separate charge to
  346  individual members of the eligible group.
  347         (3)“Cancellation fee waiver” means a contractual agreement
  348  between a supplier of travel services and its customer to waive
  349  some or all of the nonrefundable cancellation fee provisions of
  350  the supplier’s underlying travel contract with or without regard
  351  to the reason for the cancellation or form of reimbursement. A
  352  cancellation fee waiver is not insurance.
  353         (4)“Department” means the Department of Financial
  354  Services.
  355         (5)“Eligible group,” solely for the purposes of travel
  356  insurance, means two or more persons who are engaged in a common
  357  enterprise or who have an economic, educational, or social
  358  affinity or relationship, including, but not limited to, any of
  359  the following:
  360         (a)An entity engaged in the business of providing travel
  361  or travel services, including, but not limited to:
  362         1.A tour operator, lodging provider, vacation property
  363  owner, hotel, resort, travel club, travel agency, property
  364  manager, and cultural exchange program.
  365         2.An operator, owner, or lessor of a means of
  366  transportation of passengers, including, but not limited to, a
  367  common carrier, airline, cruise line, railroad, steamship
  368  company, and public bus carrier.
  370  With regard to any particular travel or type of travel or
  371  travelers, all members or customers of the group must have a
  372  common exposure to risk attendant to such travel.
  373         (b)A university, college, school, or other institution of
  374  learning, covering students, teachers, employees, or volunteers.
  375         (c)An employer covering any group of employees,
  376  volunteers, contractors, board of directors, dependents, or
  377  guests.
  378         (d)A sports team or camp, or a sponsor thereof, covering
  379  participants, members, campers, employees, officials,
  380  supervisors, or volunteers.
  381         (e)A religious, charitable, recreational, educational, or
  382  civic organization, or a branch thereof, covering any group of
  383  members, participants, or volunteers.
  384         (f)A financial institution or financial institution
  385  vendor, or a parent holding company, trustee, or agent of or
  386  designated by one or more financial institutions or financial
  387  institution vendors, including account holders, credit card
  388  holders, debtors, guarantors, or purchasers.
  389         (g)An incorporated or unincorporated association,
  390  including a labor union, having a common interest and
  391  constitution and bylaws, which is organized and maintained in
  392  good faith for purposes other than obtaining insurance coverage
  393  for its members or participants.
  394         (h)A trust or the trustees of a fund that covers its
  395  members, employees, or customers and is established, created, or
  396  maintained for the benefit of its members, employees, or
  397  customers, subject to:
  398         1.The department’s authorizing the use of a trust.
  399         2.The premium tax provisions in s. 647.03 applicable to
  400  incorporated or unincorporated associations that have a common
  401  interest and constitution and bylaws and that are organized and
  402  maintained in good faith for purposes other than obtaining
  403  insurance coverage for their members, employees, or customers.
  404         (i)An entertainment production company covering any group
  405  of participants, volunteers, audience members, contestants, or
  406  workers.
  407         (j)A volunteer fire department, ambulance, rescue, police,
  408  court, first-aid, civil defense, or other such volunteer group.
  409         (k)A preschool, daycare institution for children or
  410  adults, or senior citizen club.
  411         (l)An automobile or truck rental or leasing company
  412  covering a group of individuals who may become renters, lessees,
  413  or passengers as defined by their travel status on the rented or
  414  leased vehicles. The common carrier, the operator, owner, or
  415  lessor of a means of transportation, or the motor vehicle or
  416  truck rental or leasing company is the policyholder under a
  417  policy to which this section applies.
  418         (m)Any other group for which the department has made the
  419  following determinations:
  420         1.The group members are engaged in a common enterprise or
  421  have an economic, educational, or social affinity or
  422  relationship.
  423         2.Issuance of the travel insurance policy is not contrary
  424  to the public interest.
  425         (6)“Fulfillment materials” means documentation sent to the
  426  purchaser of a travel protection plan confirming the purchase
  427  and providing the travel protection plan’s coverage and
  428  assistance details.
  429         (7)“Group travel insurance” means travel insurance issued
  430  to an eligible group.
  431         (8)“Limited lines travel insurance producer” means:
  432         (a)A licensed or third-party administrator;
  433         (b)A licensed insurance producer, including a limited
  434  lines producer; or
  435         (c)A travel administrator.
  436         (9)“Travel administrator” means a person who directly or
  437  indirectly underwrites policies for, collects charges,
  438  collateral, or premiums from, or adjusts or settles claims on,
  439  residents of this state, in connection with travel insurance,
  440  except that a person is not considered a travel administrator if
  441  the person is:
  442         (a)A person working for a travel administrator, to the
  443  extent that the person’s activities are subject to the
  444  supervision and control of the travel administrator;
  445         (b)An insurance producer selling insurance or engaged in
  446  administrative and claims-related activities within the scope of
  447  the producer’s license;
  448         (c)A travel retailer, as defined s. 626.321(1)(c)2.,
  449  offering and disseminating travel insurance and registered under
  450  the license of a limited lines travel insurance producer in
  451  accordance with s. 626.321(1)(c);
  452         (d)A person adjusting or settling claims in the normal
  453  course of the person’s practice or employment as an attorney at
  454  law, without collecting charges or premiums in connection with
  455  insurance coverage; or
  456         (e)A business entity that is affiliated with a licensed
  457  insurer while acting as a travel administrator for the direct
  458  and assumed insurance business of the affiliated insurer.
  459         (10)“Travel assistance services” means noninsurance
  460  services for which the consumer is not indemnified based on a
  461  fortuitous event, and the provision of which does not result in
  462  the transfer or shifting of risk which would constitute the
  463  business of insurance. The term includes, but is not limited to,
  464  security advisories, destination information, vaccination and
  465  immunization information services, travel reservation services,
  466  entertainment, activity and event planning, translation
  467  assistance, emergency messaging, international legal and medical
  468  referrals, medical case monitoring, coordination of
  469  transportation arrangements, emergency cash transfer assistance,
  470  medical prescription replacement assistance, passport and travel
  471  document replacement assistance, lost luggage assistance,
  472  concierge services, and any other service that is furnished in
  473  connection with planned travel. Travel assistance services are
  474  not insurance and are not related to insurance.
  475         (11)“Travel insurance” means insurance coverage for
  476  personal risks incidental to planned travel, including:
  477         (a)Interruption or cancellation of trip or event;
  478         (b)Loss of baggage or personal effects;
  479         (c)Damages to accommodations or rental vehicles;
  480         (d)Sickness, accident, disability, or death occurring
  481  during travel;
  482         (e)Emergency evacuation;
  483         (f)Repatriation of remains; or
  484         (g)Any other contractual obligations to indemnify or pay a
  485  specified amount to the traveler upon determinable contingencies
  486  related to travel as determined by the office.
  488  The term does not include major medical plans that provide
  489  comprehensive medical protection for travelers with trips
  490  lasting longer than 6 months, including major medical plans for
  491  those working or residing overseas as expatriates, or any other
  492  product that requires a specific insurance producer license.
  493         (12)“Travel protection plan” means a plan that provides
  494  one or more of the following: travel insurance, travel
  495  assistance services, and cancellation fee waivers.
  496         Section 34. Section 647.03, Florida Statutes, is created to
  497  read:
  498         647.03Premium tax.—
  499         (1)As used in this section, the term:
  500         (a)“Primary certificateholder” means an individual who
  501  purchases travel insurance under a group policy.
  502         (b)“Primary policyholder” means an individual who
  503  purchases individual travel insurance.
  504         (2)A travel insurer shall pay the premium tax, as required
  505  under s. 624.509, on travel insurance premiums paid by any of
  506  the following:
  507         (a)A primary policyholder who is a resident of this state.
  508         (b)A primary certificateholder who is a resident of this
  509  state.
  510         (c)A blanket travel insurance policyholder:
  511         1.Who is a resident in this state;
  512         2.Who has his or her principal place of business in this
  513  state; or
  514         3.Whose affiliate or subsidiary who has purchased blanket
  515  travel insurance for eligible blanket group members has his or
  516  her principal place of business in this state.
  518  The premium tax under this subsection is subject to any
  519  apportionment rules that apply to an insurer across multiple
  520  taxing jurisdictions or that authorize an insurer to allocate
  521  premium on an apportioned basis in a reasonable and equitable
  522  manner in those jurisdictions.
  523         (3)A travel insurer shall:
  524         (a)Document the state of residence or principal place of
  525  business of the policyholder or certificateholder, or an
  526  affiliate or subsidiary thereof, as required under subsection
  527  (2).
  528         (b)Report as premium only the amount allocable to travel
  529  insurance and not any amounts received for travel assistance
  530  services or cancellation fee waivers.
  531         Section 35. Section 647.04, Florida Statutes, is created to
  532  read:
  533         647.04Travel protection plans.—A travel protection plan
  534  may be offered for one price for the combined features that the
  535  travel protection plan offers in this state if the travel
  536  protection plan meets all of the following requirements:
  537         (1)The travel protection plan clearly discloses to the
  538  consumer, at or before the time of purchase, that it includes
  539  travel insurance, travel assistance services, and cancellation
  540  fee waivers, as applicable, and provides information and an
  541  opportunity, at or before the time of purchase, for the consumer
  542  to obtain additional information regarding the features and
  543  pricing of each.
  544         (2)The fulfillment materials:
  545         (a)Describe and delineate the travel insurance, travel
  546  assistance services, and cancellation fee waivers in the travel
  547  protection plan.
  548         (b)Include the travel insurance disclosures required in
  549  this chapter, the contact information for persons providing
  550  travel assistance services, and cancellation fee waivers, as
  551  applicable.
  552         Section 36. Section 647.05, Florida Statutes, is created to
  553  read:
  554         647.05Sales practices.—
  555         (1)(a)All documents provided to a consumer before the
  556  purchase of travel insurance, including, but not limited to,
  557  sales materials, advertising materials, and marketing materials,
  558  must be consistent with the travel insurance policy, including,
  559  but not limited to, forms, endorsements, policies, rate filings,
  560  and certificates of insurance.
  561         (b)For travel insurance policies or certificates that
  562  contain preexisting condition exclusions, information and an
  563  opportunity to learn more about the preexisting condition
  564  exclusions must be provided any time before the purchase.
  565  Information on the exclusions and the opportunity to learn more
  566  about these exclusions must be included in the coverage’s
  567  fulfillment materials.
  568         (c)The fulfillment materials and the information described
  569  in s. 626.321(1)(c)3.a. must be provided to a policyholder or
  570  certificateholder as soon as practicable after the purchase of a
  571  travel protection plan. Unless the insured has started a covered
  572  trip or filed a claim under the travel insurance coverage, the
  573  policyholder or certificateholder may cancel a policy or
  574  certificate for a full refund of the travel protection plan
  575  price from the date of purchase of a travel protection plan
  576  until at least:
  577         1.Fifteen days after the date of delivery of the travel
  578  protection plan’s fulfillment materials by postal mail; or
  579         2.Ten days after the date of delivery of the travel
  580  protection plan’s fulfillment materials by means other than
  581  postal mail.
  583  For the purposes of this paragraph, the term “delivery” means
  584  handing fulfillment materials to the policyholder or
  585  certificateholder or sending fulfillment materials by postal
  586  mail or electronic means to the policyholder or
  587  certificateholder.
  588         (d)An insurer shall disclose in the policy documentation
  589  and fulfillment materials whether the travel insurance is
  590  primary or secondary to other applicable coverage.
  591         (e)If travel insurance is marketed directly to a consumer
  592  through an insurer’s website or by others through an aggregator
  593  site, it is not an unfair trade practice or other violation of
  594  law if the following requirements are met:
  595         1.The web page provides an accurate summary or short
  596  description of the coverage.
  597         2.The consumer has access to the full provisions of the
  598  policy through electronic means.
  599         (2)A person offering, soliciting, or negotiating travel
  600  insurance or travel protection plans on an individual or group
  601  basis may not do so by using a negative or opt-out option that
  602  would require a consumer to take an affirmative action to
  603  deselect coverage, such as unchecking a box on an electronic
  604  form, when the consumer purchases a trip.
  605         (3)If a consumer’s destination jurisdiction requires
  606  insurance coverage, it is not an unfair trade practice to
  607  require that the consumer choose between the following options
  608  as a condition of purchasing a trip or travel package:
  609         (a)Purchasing the coverage required by the destination
  610  jurisdiction through the travel retailer, as defined s.
  611  626.321(1)(c)2., or limited lines travel insurance producer
  612  supplying the trip or travel package; or
  613         (b)Agreeing to obtain and provide proof of coverage that
  614  meets the destination jurisdiction’s requirements before
  615  departure.
  616         (4)(a)A person offering travel insurance to residents of
  617  this state is subject to part IX of chapter 626, the Unfair
  618  Insurance Trade Practices Act, except as otherwise provided in
  619  this chapter. If a conflict arises between this chapter and the
  620  Unfair Insurance Trade Practices Act regarding the sale and
  621  marketing of travel insurance and travel protection plans, the
  622  provisions of this chapter shall control.
  623         (b)A person commits an unfair insurance trade practice
  624  under the Unfair Insurance Trade Practices Act if the person:
  625         1.Offers or sells a travel insurance policy that could
  626  never result in payment of any claims for any insured under the
  627  policy; or
  628         2.Markets blanket travel insurance coverage as free.
  629         Section 37. Section 647.06, Florida Statutes, is created to
  630  read:
  631         647.06Travel administrators.—
  632         (1)Notwithstanding any other provision of the Florida
  633  Insurance Code, a person may not act or represent himself or
  634  herself as a travel administrator in this state unless the
  635  person:
  636         (a)Is a licensed and appointed property and casualty
  637  insurance producer in this state for activities authorized under
  638  that producer license;
  639         (b)Is a licensed insurance agency, appointed as a managing
  640  general agent in this state; or
  641         (c)Holds a valid third-party administrator license in this
  642  state.
  643         (2)A travel administrator and its employees are exempt
  644  from the licensing requirements of part VI of chapter 626 for
  645  the travel insurance it administers.
  646         (3)An insurer is responsible for ensuring that a travel
  647  administrator administering travel insurance underwritten by the
  648  insurer:
  649         (a)Acts in accordance with this chapter.
  650         (b)Maintains all books and records that are relevant to
  651  the insurer and makes these books and records available to the
  652  department upon request.
  653         Section 38. Section 647.07, Florida Statutes, is created to
  654  read:
  655         647.07Travel insurance policy.—
  656         (1)Notwithstanding any other provision of the Florida
  657  Insurance Code, travel insurance shall be classified and filed
  658  for purposes of rates and forms under the inland marine line of
  659  insurance; however, travel insurance that provides coverage for
  660  sickness, accident, disability, or death occurring during
  661  travel, either exclusively or in conjunction with related
  662  coverages of emergency evacuation or repatriation of remains, or
  663  incidental limited property and casualty benefits such as
  664  baggage or trip cancellation, may be classified and filed for
  665  purposes of rates and forms under either the accident and health
  666  line of insurance or the inland marine line of insurance.
  667         (2)Travel insurance may be in the form of an individual,
  668  group, or blanket policy. Group or blanket policies are
  669  classified as commercial inland marine insurance under s.
  670  627.021(2)(d). Travel insurance policies not issued to a
  671  commercial entity and primarily used for personal, family, or
  672  household purposes are considered personal inland marine
  673  insurance and shall not be subject to s. 627.062. Sections of
  674  policies or endorsements for travel insurance which are
  675  considered personal inland marine insurance consisting of travel
  676  assistance services or cancellation fee waivers are not subject
  677  to s. 627.410.
  678         (3)Travel insurance programs may be developed and provided
  679  based on travel protection plans designed for individual or
  680  identified marketing or distribution channels.
  681         Section 39. Section 647.08, Florida Statutes, is created to
  682  read:
  683         647.08Rulemaking authority.—The department shall adopt
  684  rules to administer this chapter.
  686  ================= T I T L E  A M E N D M E N T ================
  687  And the title is amended as follows:
  688         Delete line 92
  689  and insert:
  690         respectively, without specified licenses; amending ss.
  691         440.12 and 440.20, F.S.; authorizing the payment of
  692         certain workers’ compensation benefits to be
  693         transmitted to the employee’s account with a licensed
  694         money transmitter; amending s. 626.321, F.S.;
  695         providing that certain travel insurance licenses are
  696         subject to review by the department rather than the
  697         office; revising persons who may be licensed to
  698         transact in travel insurance; specifying licensure and
  699         registration requirements for certain persons;
  700         defining the term “travel retailer”; specifying
  701         requirements for, restrictions on, and authorized acts
  702         by travel retailers and limited lines travel insurance
  703         producers; defining the term “offer and disseminate”;
  704         authorizing certain persons to sell, solicit, and
  705         negotiate travel insurance; amending s. 627.914, F.S.;
  706         requiring insurers or self-insurance funds that write
  707         workers’ compensation insurance and that are in
  708         receivership to continue to report certain information
  709         to the office; authorizing the outsourcing of
  710         reporting under certain circumstances; requiring the
  711         office to approve a certain reporting plan;
  712         authorizing the office to use the information for
  713         certain purposes; creating ch. 647, F.S., entitled
  714         “Travel Insurance”; creating s. 647.01, F.S.;
  715         providing legislative purpose; providing
  716         applicability; creating s. 647.02, F.S.; defining
  717         terms; creating s. 647.03, F.S.; defining the terms
  718         “primary certificateholder” and “primary
  719         policyholder”; requiring travel insurers to pay the
  720         insurance premium tax on specified travel insurance
  721         premiums; providing construction; specifying
  722         requirements for travel insurers; creating s. 647.04,
  723         F.S.; providing that a travel protection plan may be
  724         offered for one price if its meets specified
  725         requirements; creating s. 647.05, F.S.; specifying
  726         sales practice requirements, prohibited sales
  727         practices, and authorized sales practices relating to
  728         travel insurance; specifying a policyholder or
  729         certificateholder’s right to cancel a travel
  730         protection plan for a full refund; defining the term
  731         “delivery”; specifying unfair insurance trade
  732         practices; providing construction; creating s. 647.06,
  733         F.S.; specifying qualifications for travel
  734         administrators; providing an exemption from certain
  735         licensure; providing that insurers are responsible for
  736         ensuring certain acts by travel administrators;
  737         creating s. 647.07, F.S.; specifying the
  738         classification for travel insurance for rate filing
  739         purposes; specifying authorized forms of travel
  740         insurance; providing applicability of certain
  741         provisions of the Rating Law; authorizing the
  742         development and provision of travel insurance programs
  743         on certain bases; creating s. 647.08, F.S.; requiring
  744         the department to adopt rules; providing