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

       The Committee on Banking and Insurance (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (2) of section
    6  215.555, Florida Statutes, is amended to read:
    7         215.555 Florida Hurricane Catastrophe Fund.—
    8         (2) DEFINITIONS.—As used in this section:
    9         (c) “Covered policy” means any insurance policy covering
   10  residential property in this state, including, but not limited
   11  to, any homeowner, mobile home owner, farm owner, condominium
   12  association, condominium unit owner, tenant, or apartment
   13  building policy, or any other policy covering a residential
   14  structure or its contents issued by any authorized insurer,
   15  including a commercial self-insurance fund holding a certificate
   16  of authority issued by the Office of Insurance Regulation under
   17  s. 624.462, the Citizens Property Insurance Corporation, and any
   18  joint underwriting association or similar entity created under
   19  law. The term “covered policy” includes any collateral
   20  protection insurance policy covering personal residences which
   21  protects both the borrower’s and the lender’s financial
   22  interests, in an amount at least equal to the coverage amount
   23  for the dwelling in place under the lapsed homeowner’s policy,
   24  the most recent total market value of the dwelling as determined
   25  by the county property appraiser, or the coverage amount the
   26  homeowner requests from the insurer, if such collateral
   27  protection insurance policy can be accurately reported as
   28  required in subsection (5). Additionally, covered policies
   29  include policies covering the peril of wind removed from the
   30  Florida Residential Property and Casualty Joint Underwriting
   31  Association or from the Citizens Property Insurance Corporation,
   32  created under s. 627.351(6), or from the Florida Windstorm
   33  Underwriting Association, created under s. 627.351(2), by an
   34  authorized insurer under the terms and conditions of an executed
   35  assumption agreement between the authorized insurer and such
   36  association or Citizens Property Insurance Corporation. Each
   37  assumption agreement between the association and such authorized
   38  insurer or Citizens Property Insurance Corporation must be
   39  approved by the Office of Insurance Regulation before the
   40  effective date of the assumption, and the Office of Insurance
   41  Regulation must provide written notification to the board within
   42  15 working days after such approval. “Covered policy” does not
   43  include any policy that excludes wind coverage or hurricane
   44  coverage or any reinsurance agreement and does not include any
   45  policy otherwise meeting this definition which is issued by a
   46  surplus lines insurer or a reinsurer. All commercial residential
   47  excess policies and all deductible buy-back policies that, based
   48  on sound actuarial principles, require individual ratemaking
   49  shall be excluded by rule if the actuarial soundness of the fund
   50  is not jeopardized. For this purpose, the term “excess policy”
   51  means a policy that provides insurance protection for large
   52  commercial property risks and that provides a layer of coverage
   53  above a primary layer insured by another insurer.
   54         Section 2. Effective upon this act becoming a law,
   55  paragraph (d) of subsection (3) of section 319.30, Florida
   56  Statutes, is amended to read:
   57         319.30 Definitions; dismantling, destruction, change of
   58  identity of motor vehicle or mobile home; salvage.—
   59         (3)
   60         (d) An electronic signature that is consistent with chapter
   61  668 satisfies any signature required under this subsection,
   62  except that an electronic signature on an odometer disclosure
   63  submitted through an insurance company must be executed using an
   64  electronic signature, as defined in s. 668.003(4), which that
   65  uses a system providing an Identity Assurance Level,
   66  Authenticator Assurance Level, and Federation Assurance Level,
   67  as described in the National Institute of Standards and
   68  Technology Special Publication 800-63-3, as of December 1, 2017,
   69  which that are equivalent to or greater than:
   70         1. Level 2, for each level, for a certificate of
   71  destruction or.
   72         2. Level 3, for each level, for a salvage certificate of
   73  title.
   74         Section 3. Paragraph (a) of subsection (1) of section
   75  440.12, Florida Statutes, is amended to read:
   76         440.12 Time for commencement and limits on weekly rate of
   77  compensation.—
   78         (1) Compensation is not allowed for the first 7 days of the
   79  disability, except for benefits provided under s. 440.13.
   80  However, if the injury results in more than 21 days of
   81  disability, compensation is allowed from the commencement of the
   82  disability.
   83         (a) All weekly compensation payments, except for the first
   84  payment, must be paid by check or, if authorized by the
   85  employee, paid on a prepaid card pursuant to paragraph (b), or
   86  deposited directly into the employee’s account at a financial
   87  institution as defined in s. 655.005, or transmitted to the
   88  employee’s account with a money transmitter licensed under part
   89  II of chapter 560.
   90         Section 4. Paragraph (a) of subsection (1) and paragraph
   91  (a) of subsection (6) of section 440.20, Florida Statutes, are
   92  amended to read:
   93         440.20 Time for payment of compensation and medical bills;
   94  penalties for late payment.—
   95         (1)(a) Unless the carrier denies compensability or
   96  entitlement to benefits, the carrier shall pay compensation
   97  directly to the employee as required by ss. 440.14, 440.15, and
   98  440.16, in accordance with those sections. Upon receipt of the
   99  employee’s authorization as provided for in s. 440.12(1)(a), the
  100  carrier’s obligation to pay compensation directly to the
  101  employee is satisfied when the carrier directly deposits, by
  102  electronic transfer or other means, compensation into the
  103  employee’s account at a financial institution as defined in s.
  104  655.005 or onto a prepaid card in accordance with s. 440.12(1)
  105  or transmits the employee’s compensation to the employee’s
  106  account with a money transmitter licensed under part II of
  107  chapter 560. Compensation by direct deposit, or through the use
  108  of a prepaid card, or through transmission is considered paid on
  109  the date the funds become available for withdrawal by the
  110  employee.
  111         (6)(a) If any installment of compensation for death or
  112  dependency benefits, or compensation for disability benefits
  113  payable without an award is not paid within 7 days after it
  114  becomes due, as provided in subsection (2), subsection (3), or
  115  subsection (4), there shall be added to such unpaid installment
  116  a penalty of an amount equal to 20 percent of the unpaid
  117  installment, which shall be paid at the same time as, but in
  118  addition to, such installment of compensation. This penalty
  119  shall not apply for late payments resulting from conditions over
  120  which the employer or carrier had no control. When any
  121  installment of compensation payable without an award has not
  122  been paid within 7 days after it became due and the claimant
  123  concludes the prosecution of the claim before a judge of
  124  compensation claims without having specifically claimed
  125  additional compensation in the nature of a penalty under this
  126  section, the claimant will be deemed to have acknowledged that,
  127  owing to conditions over which the employer or carrier had no
  128  control, such installment could not be paid within the period
  129  prescribed for payment and to have waived the right to claim
  130  such penalty. However, during the course of a hearing, the judge
  131  of compensation claims shall on her or his own motion raise the
  132  question of whether such penalty should be awarded or excused.
  133  The department may assess without a hearing the penalty against
  134  either the employer or the carrier, depending upon who was at
  135  fault in causing the delay. The insurance policy cannot provide
  136  that this sum will be paid by the carrier if the department or
  137  the judge of compensation claims determines that the penalty
  138  should be paid by the employer rather than the carrier. Any
  139  additional installment of compensation paid by the carrier
  140  pursuant to this section shall be paid directly to the employee
  141  by check or, if authorized by the employee, by direct deposit
  142  into the employee’s account at a financial institution or by
  143  transmission to the employee’s account with a money transmitter
  144  licensed under part II of chapter 560.
  145         Section 5. Subsection (3) of section 624.155, Florida
  146  Statutes, is amended to read:
  147         624.155 Civil remedy.—
  148         (3)(a) As a condition precedent to bringing an action under
  149  this section, the department and the authorized insurer must
  150  have been given 60 days’ written notice of the violation. Notice
  151  to the authorized insurer must be provided by the department to
  152  the e-mail address designated by the insurer under s. 624.422.
  153         (b) The notice shall be on a form provided by the
  154  department and shall state with specificity the following
  155  information, and such other information as the department may
  156  require:
  157         1. The statutory provision, including the specific language
  158  of the statute, which the authorized insurer allegedly violated.
  159         2. The facts and circumstances giving rise to the
  160  violation.
  161         3. The name of any individual involved in the violation.
  162         4. Reference to specific policy language that is relevant
  163  to the violation, if any. If the person bringing the civil
  164  action is a third party claimant, she or he shall not be
  165  required to reference the specific policy language if the
  166  authorized insurer has not provided a copy of the policy to the
  167  third party claimant pursuant to written request.
  168         5. A statement that the notice is given in order to perfect
  169  the right to pursue the civil remedy authorized by this section.
  170         (c) No action shall lie if, within 60 days after the
  171  insurer receives filing notice from the department in accordance
  172  with this subsection, the damages are paid or the circumstances
  173  giving rise to the violation are corrected.
  174         (d) The authorized insurer that is the recipient of a
  175  notice filed pursuant to this section shall report to the
  176  department on the disposition of the alleged violation.
  177         (e) The applicable statute of limitations for an action
  178  under this section shall be tolled for a period of:
  179         1.Sixty 65 days after the insurer receives from the
  180  department by the mailing of the notice required by this
  181  subsection.
  182         2.Sixty days after the date appraisal is invoked pursuant
  183  to paragraph (f) or the mailing of a subsequent notice required
  184  by this subsection.
  185         (f) A notice required under this subsection may not be
  186  filed within 60 days after appraisal is invoked by any party in
  187  a residential property insurance claim.
  188         Section 6. Subsection (4) of section 624.307, Florida
  189  Statutes, is amended, and subsection (11) is added to that
  190  section, to read:
  191         624.307 General powers; duties.—
  192         (4) The department and office may each collect, propose,
  193  publish, and disseminate information relating to the subject
  194  matter of any duties imposed upon it by law. Aggregate
  195  information may include information asserted as trade secret
  196  information unless the trade secret information can be
  197  individually extrapolated, in which case the trade secret
  198  information remains protected as provided under s. 624.4213.
  199         (11)The Commissioner of Insurance Regulation may not lobby
  200  for compensation the Legislature, the Governor, the Executive
  201  Office of the Governor, members of the Cabinet, a department
  202  that is headed by a member of the Cabinet, or the office on
  203  issues of policy, appropriations, or procurement for a period of
  204  6 years after vacation of public position.
  205         Section 7. Subsection (4) is added to section 624.315,
  206  Florida Statutes, to read:
  207         624.315 Department; annual report.—
  208         (4)When aggregate information includes information
  209  asserted as trade secret information, the office may include the
  210  trade secret information in the report required under subsection
  211  (1) or may make the trade secret information available under
  212  subsection (2) unless the trade secret information can be
  213  individually extrapolated, in which case the trade secret
  214  information remains protected as provided under s. 624.4213.
  215         Section 8. Subsection (2) of section 624.422, Florida
  216  Statutes, is amended to read:
  217         624.422 Service of process; appointment of Chief Financial
  218  Officer as process agent.—
  219         (2) Prior to its authorization to transact insurance in
  220  this state, each insurer shall file with the department
  221  designation of the name and address of the person to whom
  222  process against it served upon the Chief Financial Officer is to
  223  be forwarded. Each insurer shall also file with the department
  224  designation of the name, mailing address, and e-mail address of
  225  the person who shall receive presuit notices filed under s.
  226  627.7152 and the name and e-mail address of the person to whom
  227  the department shall forward civil remedy notices filed under
  228  624.155. The department shall publish such names and addresses
  229  on its website. The insurer may change a the designation at any
  230  time by a new filing.
  231         Section 9. Paragraph (c) of subsection (1) of section
  232  626.321, Florida Statutes, is amended to read:
  233         626.321 Limited licenses and registration.—
  234         (1) The department shall issue to a qualified applicant a
  235  license as agent authorized to transact a limited class of
  236  business in any of the following categories of limited lines
  237  insurance:
  238         (c) Travel insurance.—License covering only policies and
  239  certificates of travel insurance which are subject to review by
  240  the office. Policies and certificates of travel insurance may
  241  provide coverage for travel insurance, as defined in s. 647.02
  242  risks incidental to travel, planned travel, or accommodations
  243  while traveling, including, but not limited to, accidental death
  244  and dismemberment of a traveler; trip or event cancellation,
  245  interruption, or delay; loss of or damage to personal effects or
  246  travel documents; damages to travel accommodations; baggage
  247  delay; emergency medical travel or evacuation of a traveler; or
  248  medical, surgical, and hospital expenses related to an illness
  249  or emergency of a traveler. Such policy or certificate may be
  250  issued for terms longer than 90 days, but, other than a policy
  251  or certificate providing coverage for air ambulatory services
  252  only, each policy or certificate must be limited to coverage for
  253  travel or use of accommodations of no longer than 90 days. The
  254  license may be issued only to an individual or business entity
  255  that has filed with the department an application for a license
  256  in a form and manner prescribed by the department.
  257         1.A limited lines travel insurance producer, as defined in
  258  s. 647.02, shall be licensed to sell, solicit, or negotiate
  259  travel insurance through a licensed insurer.
  260         2.A person may not act as a limited lines travel insurance
  261  producer or travel retailer unless properly licensed or
  262  registered, respectively. As used in this paragraph, the term
  263  “travel retailer” means a business entity that:
  264         a.Makes, arranges, or offers planned travel.
  265         b.May, under subparagraph 3., offer and disseminate travel
  266  insurance as a service to its customers on behalf of and under
  267  the direction of a limited lines travel insurance producer.
  268         3.A travel retailer may offer and disseminate travel
  269  insurance under a limited lines travel insurance producer
  270  business entity license only if all of the following
  271  requirements are met:
  272         a.The limited lines travel insurance producer or travel
  273  retailer provides to purchasers of travel insurance:
  274         (I)A description of the material terms or the actual
  275  material terms of the insurance coverage.
  276         (II)A description of the process for filing a claim.
  277         (III)A description of the review or cancellation process
  278  for the travel insurance policy.
  279         (IV)The identity and contact information of the insurer
  280  and limited lines travel insurance producer.
  281         b.At the time of licensure, the limited lines travel
  282  insurance producer establishes and maintains a register on the
  283  department’s website and appoints each travel retailer that
  284  offers travel insurance on behalf of the limited lines travel
  285  insurance producer. The limited lines travel insurance producer
  286  must maintain and update the register, which must include the
  287  travel retailer’s federal tax identification number and the
  288  name, address, and contact information of the travel retailer
  289  and an officer or person who directs or controls the travel
  290  retailer’s operations. The limited lines travel insurance
  291  producer shall submit the register to the department upon
  292  reasonable request. The limited lines travel insurance producer
  293  shall also certify that the travel retailer register complies
  294  with 18 U.S.C. s. 1033. The grounds for the suspension and
  295  revocation and the penalties applicable to resident insurance
  296  producers under this section apply to the limited lines travel
  297  insurance producers and travel retailers.
  298         c.The limited lines travel insurance producer has
  299  designated one of its employees as the designated responsible
  300  producer. The designated responsible producer, who must be a
  301  licensed insurance producer, is responsible for compliance with
  302  the travel insurance laws and regulations applicable to the
  303  limited lines travel insurance producer and its registrants. The
  304  designated responsible producer and the president, secretary,
  305  treasurer, and any other officer or person who directs or
  306  controls the limited lines travel insurance producer’s insurance
  307  operations must comply with the fingerprinting requirements
  308  applicable to insurance producers in the resident state of the
  309  limited lines travel insurance producer.
  310         d.The limited lines travel insurance producer has paid all
  311  applicable licensing and appointment fees, as set forth in
  312  applicable general law.
  313         e.The limited lines travel insurance producer requires
  314  each employee and each authorized representative of the travel
  315  retailer whose duties include offering and disseminating travel
  316  insurance to receive a program of instruction or training, which
  317  is subject, at the discretion of the department, to review and
  318  approval. The training material must, at a minimum, contain
  319  adequate instructions on the types of insurance offered, ethical
  320  sales practices, and required disclosures to prospective
  321  purchasers.
  323  As used in this paragraph, the term “offer and disseminate”
  324  means to provide general information, including a description of
  325  the coverage and price, as well as processing the application
  326  and collecting premiums.
  327         4.A travel retailer offering or disseminating travel
  328  insurance shall make available to prospective purchasers
  329  brochures or other written materials that have been approved by
  330  the travel insurer. Such materials must include information
  331  that, at a minimum:
  332         a.Provides the identity and contact information of the
  333  insurer and the limited lines travel insurance producer.
  334         b.Explains that the purchase of travel insurance is not
  335  required in order to purchase any other product or service from
  336  the travel retailer.
  337         c.Explains that a travel retailer is authorized to provide
  338  only general information about the insurance offered by the
  339  travel retailer, including a description of the coverage and
  340  price, but is not qualified or authorized to answer technical
  341  questions about the terms and conditions of the insurance
  342  offered by the travel retailer or to evaluate the adequacy of
  343  the customer’s existing insurance coverage.
  344         5.A travel retailer employee or authorized representative
  345  who is not licensed as an insurance producer may not:
  346         a.Evaluate or interpret the technical terms, benefits, and
  347  conditions of the offered travel insurance coverage;
  348         b.Evaluate or provide advice concerning a prospective
  349  purchaser’s existing insurance coverage; or
  350         c.Hold himself or herself or the travel retailer out as a
  351  licensed insurer, licensed producer, or insurance expert.
  353  Notwithstanding any other law, a travel retailer whose
  354  insurance-related activities, and those of its employees and
  355  authorized representatives, are limited to offering and
  356  disseminating travel insurance on behalf of and under the
  357  direction of a limited lines travel insurance producer meeting
  358  the conditions in this section may receive related compensation
  359  upon registration by the limited lines travel insurance producer
  360  as described in paragraph (2)(b).
  361         6.As the insurer’s designee, the limited lines travel
  362  insurance producer is responsible for the acts of the travel
  363  retailer and shall use reasonable means to ensure compliance by
  364  the travel retailer with this section.
  365         7.Any person licensed as a general or personal lines agent
  366  may sell, solicit, and negotiate travel insurance.:
  367         1.To a full-time salaried employee of a common carrier or
  368  a full-time salaried employee or owner of a transportation
  369  ticket agency and may authorize the sale of such ticket policies
  370  only in connection with the sale of transportation tickets, or
  371  to the full-time salaried employee of such an agent. Such policy
  372  may not be for more than 48 hours or more than the duration of a
  373  specified one-way trip or round trip.
  374         2.To an entity or individual that is:
  375         a.The developer of a timeshare plan that is the subject of
  376  an approved public offering statement under chapter 721;
  377         b.An exchange company operating an exchange program
  378  approved under chapter 721;
  379         c.A managing entity operating a timeshare plan approved
  380  under chapter 721;
  381         d.A seller of travel as defined in chapter 559; or
  382         e.A subsidiary or affiliate of any of the entities
  383  described in sub-subparagraphs a.-d.
  384         3.To a full-time salaried employee of a licensed general
  385  lines agent or a business entity that offers travel planning
  386  services if insurance sales activities authorized by the license
  387  are in connection with, and incidental to, travel.
  388         a.A license issued to a business entity that offers travel
  389  planning services must encompass each office, branch office, or
  390  place of business making use of the entity’s business name in
  391  order to offer, solicit, and sell insurance pursuant to this
  392  paragraph.
  393         b.The application for licensure must list the name,
  394  address, and phone number for each office, branch office, or
  395  place of business that is to be covered by the license. The
  396  licensee shall notify the department of the name, address, and
  397  phone number of any new location that is to be covered by the
  398  license before the new office, branch office, or place of
  399  business engages in the sale of insurance pursuant to this
  400  paragraph. The licensee shall notify the department within 30
  401  days after the closing or terminating of an office, branch
  402  office, or place of business. Upon receipt of the notice, the
  403  department shall delete the office, branch office, or place of
  404  business from the license.
  405         c.A licensed and appointed entity is directly responsible
  406  and accountable for all acts of the licensee’s employees and
  407  parties with whom the licensee has entered into a contractual
  408  agreement to offer travel insurance.
  410  A licensee shall require each individual who offers policies or
  411  certificates under subparagraph 2. or subparagraph 3. to receive
  412  initial training from a general lines agent or an insurer
  413  authorized under chapter 624 to transact insurance within this
  414  state. For an entity applying for a license as a travel
  415  insurance agent, the fingerprinting requirement of this section
  416  applies only to the president, secretary, and treasurer and to
  417  any other officer or person who directs or controls the travel
  418  insurance operations of the entity.
  419         Section 10. Subsection (13) of section 626.854, Florida
  420  Statutes, is amended to read:
  421         626.854 “Public adjuster” defined; prohibitions.—The
  422  Legislature finds that it is necessary for the protection of the
  423  public to regulate public insurance adjusters and to prevent the
  424  unauthorized practice of law.
  425         (13) A company employee adjuster, independent adjuster,
  426  attorney, investigator, or other persons acting on behalf of an
  427  insurer that needs access to an insured or claimant or to the
  428  insured property that is the subject of a claim must provide at
  429  least 48 hours’ notice to:
  430         (a) The insured or claimant, public adjuster, or legal
  431  representative before scheduling a meeting with the claimant.
  432         (b)The insured or claimant before scheduling or an onsite
  433  inspection of the insured property. During the inspection, an
  434  attempt may not be made to conduct an unscheduled meeting with
  435  the insured or claimant. The insured or claimant may deny access
  436  to the property if the notice has not been provided. The insured
  437  or claimant may waive the 48-hour notice.
  438         Section 11. Section 626.931, Florida Statutes, is amended
  439  to read:
  440         626.931 Agent affidavit and Insurer reporting
  441  requirements.—
  442         (1) Each surplus lines agent that has transacted business
  443  during a calendar quarter shall on or before the 45th day
  444  following the calendar quarter file with the Florida Surplus
  445  Lines Service Office an affidavit, on forms as prescribed and
  446  furnished by the Florida Surplus Lines Service Office, stating
  447  that all surplus lines insurance transacted by him or her during
  448  such calendar quarter has been submitted to the Florida Surplus
  449  Lines Service Office as required.
  450         (2) The affidavit of the surplus lines agent shall include
  451  efforts made to place coverages with authorized insurers and the
  452  results thereof.
  453         (3) Each foreign insurer accepting premiums shall, on or
  454  before the end of the month following each calendar quarter,
  455  file with the Florida Surplus Lines Service Office a verified
  456  report of all surplus lines insurance transacted by such insurer
  457  for insurance risks located in this state during such calendar
  458  quarter.
  459         (2)(4) Each alien insurer accepting premiums shall, on or
  460  before June 30 of each year, file with the Florida Surplus Lines
  461  Service Office a verified report of all surplus lines insurance
  462  transacted by such insurer for insurance risks located in this
  463  state during the preceding calendar year.
  464         (3)(5) The department may waive the filing requirements
  465  described in subsections (1) (3) and (2) (4).
  466         (4)(6) Each insurer’s report and supporting information
  467  shall be in a computer-readable format as determined by the
  468  Florida Surplus Lines Service Office or shall be submitted on
  469  forms prescribed by the Florida Surplus Lines Service Office and
  470  shall show for each applicable agent:
  471         (a) A listing of all policies, certificates, cover notes,
  472  or other forms of confirmation of insurance coverage or any
  473  substitutions thereof or endorsements thereto and the
  474  identifying number; and
  475         (b) Any additional information required by the department
  476  or Florida Surplus Lines Service Office.
  477         Section 12. Paragraph (a) of subsection (2) of section
  478  626.932, Florida Statutes, is amended to read:
  479         626.932 Surplus lines tax.—
  480         (2)(a) The surplus lines agent shall make payable to the
  481  department the tax related to each calendar quarter’s business
  482  as reported to the Florida Surplus Lines Service Office, and
  483  remit the tax to the Florida Surplus Lines Service Office at the
  484  same time as the fee payment required provided for the filing of
  485  the quarterly affidavit, under s. 626.9325 s. 626.931. The
  486  Florida Surplus Lines Service Office shall forward to the
  487  department the taxes and any interest collected pursuant to
  488  paragraph (b), within 10 days of receipt.
  489         Section 13. Paragraph (d) of subsection (1) of section
  490  626.935, Florida Statutes, is amended to read:
  491         626.935 Suspension, revocation, or refusal of surplus lines
  492  agent’s license.—
  493         (1) The department shall deny an application for, suspend,
  494  revoke, or refuse to renew the appointment of a surplus lines
  495  agent and all other licenses and appointments held by the
  496  licensee under this code, on any of the following grounds:
  497         (d) Failure to make and file his or her affidavit or
  498  reports when due as required by s. 626.931.
  499         Section 14. Paragraphs (a) and (j) of subsection (2) of
  500  section 627.062, Florida Statutes, are amended to read:
  501         627.062 Rate standards.—
  502         (2) As to all such classes of insurance:
  503         (a) Insurers or rating organizations shall establish and
  504  use rates, rating schedules, or rating manuals that allow the
  505  insurer a reasonable rate of return on the classes of insurance
  506  written in this state. A copy of rates, rating schedules, rating
  507  manuals, premium credits or discount schedules, and surcharge
  508  schedules, and changes thereto, must be filed with the office
  509  under one of the following procedures:
  510         1. If the filing is made at least 90 days before the
  511  proposed effective date and is not implemented during the
  512  office’s review of the filing and any proceeding and judicial
  513  review, such filing is considered a “file and use” filing. In
  514  such case, the office shall finalize its review by issuance of a
  515  notice of intent to approve or a notice of intent to disapprove
  516  within 90 days after receipt of the filing. If the 90-day period
  517  ends on a weekend or a holiday under s. 110.117(1)(a)-(i), it
  518  must be extended until the conclusion of the next business day.
  519  The notice of intent to approve and the notice of intent to
  520  disapprove constitute agency action for purposes of the
  521  Administrative Procedure Act. Requests for supporting
  522  information, requests for mathematical or mechanical
  523  corrections, or notification to the insurer by the office of its
  524  preliminary findings does not toll the 90-day period during any
  525  such proceedings and subsequent judicial review. The rate shall
  526  be deemed approved if the office does not issue a notice of
  527  intent to approve or a notice of intent to disapprove within 90
  528  days after receipt of the filing.
  529         2. If the filing is not made in accordance with
  530  subparagraph 1., such filing must be made as soon as
  531  practicable, but within 30 days after the effective date, and is
  532  considered a “use and file” filing. An insurer making a “use and
  533  file” filing is potentially subject to an order by the office to
  534  return to policyholders those portions of rates found to be
  535  excessive, as provided in paragraph (h).
  536         3. For all property insurance filings made or submitted
  537  after January 25, 2007, but before May 1, 2012, an insurer
  538  seeking a rate that is greater than the rate most recently
  539  approved by the office shall make a “file and use” filing. For
  540  purposes of this subparagraph, motor vehicle collision and
  541  comprehensive coverages are not considered property coverages.
  542         (j) With respect to residential property insurance rate
  543  filings:,
  544         1. The rate filing must account for mitigation measures
  545  undertaken by policyholders to reduce hurricane losses.
  546         2.The office may not disapprove a rate for homeowners
  547  insurance solely because the rate filing uses a modeling
  548  indication that is the weighted or straight average of two or
  549  more models currently found to be accurate or reliable pursuant
  550  to s. 627.0628.
  552  The provisions of this subsection do not apply to workers’
  553  compensation, employer’s liability insurance, and motor vehicle
  554  insurance.
  555         Section 15. Paragraph (b) of subsection (2) of section
  556  627.0629, Florida Statutes, is amended to read:
  557         627.0629 Residential property insurance; rate filings.—
  558         (2)
  559         (b) A rate filing for residential property insurance made
  560  more than 150 days after approval by the office of a building
  561  code rating factor plan submitted by a statewide rating
  562  organization may shall include positive and negative rate
  563  factors that reflect the manner in which building code
  564  enforcement in a particular jurisdiction addresses risk of wind
  565  damage. The rate filing shall include variations from standard
  566  rate factors on an individual basis based on inspection of a
  567  particular structure by a licensed home inspector. If an
  568  inspection is requested by the insured, the insurer may require
  569  the insured to pay the reasonable cost of the inspection. This
  570  paragraph applies to structures constructed or renovated after
  571  the implementation of this paragraph.
  572         Section 16. Paragraph (a) of subsection (1) of section
  573  627.0651, Florida Statutes, is amended to read:
  574         627.0651 Making and use of rates for motor vehicle
  575  insurance.—
  576         (1) Insurers shall establish and use rates, rating
  577  schedules, or rating manuals to allow the insurer a reasonable
  578  rate of return on motor vehicle insurance written in this state.
  579  A copy of rates, rating schedules, and rating manuals, and
  580  changes therein, shall be filed with the office under one of the
  581  following procedures:
  582         (a) If the filing is made at least 60 days before the
  583  proposed effective date and the filing is not implemented during
  584  the office’s review of the filing and any proceeding and
  585  judicial review, such filing shall be considered a “file and
  586  use” filing. In such case, the office shall initiate proceedings
  587  to disapprove the rate and so notify the insurer or shall
  588  finalize its review within 60 days after receipt of the filing.
  589  If the 60-day period ends on a weekend or a holiday under s.
  590  110.117(1)(a)-(i), it must be extended until the conclusion of
  591  the next business day. Notification to the insurer by the office
  592  of its preliminary findings shall toll the 60-day period during
  593  any such proceedings and subsequent judicial review. The rate
  594  shall be deemed approved if the office does not issue notice to
  595  the insurer of its preliminary findings within 60 days after the
  596  filing.
  597         Section 17. Subsection (2) of section 627.410, Florida
  598  Statutes, is amended to read:
  599         627.410 Filing, approval of forms.—
  600         (2) Every such filing must be made at least 30 days in
  601  advance of any such use or delivery. At the expiration of the 30
  602  days, the form filed will be deemed approved unless prior
  603  thereto it has been affirmatively approved or disapproved by
  604  order of the office. The approval of such form by the office
  605  constitutes a waiver of any unexpired portion of such waiting
  606  period. The office may extend the period within which it may
  607  affirmatively approve or disapprove such form by up to 15 days
  608  by giving notice of such extension before expiration of the
  609  initial 30-day period. If the initial 30-day period or the 15
  610  day extension period ends on a weekend or a holiday under s.
  611  110.117(1)(a)-(i), the review period must be extended until the
  612  conclusion of the next business day. At the expiration of such
  613  extended period, and in the absence of prior affirmative
  614  approval or disapproval, such form shall be deemed approved.
  615         Section 18. Paragraph (f) is added to subsection (5) of
  616  section 627.7011, Florida Statutes, to read:
  617         627.7011 Homeowners’ policies; offer of replacement cost
  618  coverage and law and ordinance coverage.—
  619         (5) This section does not:
  620         (f) Prohibit an insurer from offering an HO-3 homeowner’s
  621  insurance policy or endorsement providing that a loss to a roof
  622  older than 10 years which is caused by a covered peril other
  623  than a hurricane, tornado, fire, or lightning will be adjusted
  624  on the basis of actual cash value unless a total loss to the
  625  insured structure occurs. Such policy or endorsement may be
  626  offered only if the roof of the insured structure is older than
  627  10 years. A policy or endorsement is deemed to provide
  628  replacement cost coverage unless before the issuance of the
  629  policy or endorsement, the insured makes a written selection, on
  630  a form adopted by commission rule, of such actual cash value
  631  coverage by signing the form. The form must fully advise the
  632  applicant of the nature of the coverage and the heading of the
  633  form must state in 12-point bold type: “You are electing to
  634  purchase actual cash value coverage on your roof. If your roof
  635  is damaged by a covered peril other than hurricane, tornado,
  636  fire, or lightning, or the insured structure is not a total
  637  loss, you will only receive the depreciated value of your roof
  638  and you may experience significant out-of-pocket costs to repair
  639  or replace your roof.” The applicant may also make such
  640  selection through a recorded statement if, contemporaneously but
  641  before the selection of actual cash value coverage, the insurer
  642  verbally communicates the contents of the form.
  643         Section 19. Section 627.70132, Florida Statutes, is amended
  644  to read:
  645         627.70132 Notice of property insurance windstorm or
  646  hurricane claim.—An initial claim not caused by the peril of
  647  windstorm or hurricane under an insurance policy that provides
  648  property insurance, as defined in s. 624.604, is barred unless
  649  initial notice of the claim was given to the insurer in
  650  accordance with the terms of the policy within 3 years after the
  651  date of loss. Notice of all supplemental claims or reopened
  652  claims not caused by the peril of windstorm or hurricane must be
  653  made within the later of 3 years after the date of loss or 12
  654  months after the last payment by the insurer on the loss. A
  655  claim, supplemental claim, or reopened claim under an insurance
  656  policy that provides property insurance, as defined in s.
  657  624.604, for loss or damage caused by the peril of windstorm or
  658  hurricane is barred unless notice of the claim, supplemental
  659  claim, or reopened claim was given to the insurer in accordance
  660  with the terms of the policy within 3 years after the hurricane
  661  first made landfall or the windstorm caused the covered damage.
  662  This section does not apply to sinkhole loss claims, which are
  663  subject to the time limitation under s. 627.706(5). For purposes
  664  of this section, the term “supplemental claim” or “reopened
  665  claim” means any additional claim for recovery from the insurer
  666  for losses from the same hurricane or windstorm which the
  667  insurer has previously adjusted pursuant to the initial claim.
  668  This section does not affect any applicable limitation on civil
  669  actions provided in s. 95.11 for claims, supplemental claims, or
  670  reopened claims timely filed under this section.
  671         Section 20. Subsection (2) of section 627.714, Florida
  672  Statutes, is amended to read:
  673         627.714 Residential condominium unit owner coverage; loss
  674  assessment coverage required.—
  675         (2) The maximum amount of any unit owner’s loss assessment
  676  coverage that can be assessed for any loss shall be an amount
  677  equal to that unit owner’s loss assessment coverage limit in
  678  effect 1 day before the date of the occurrence that gave rise to
  679  the loss. Such coverage is applicable to any loss assessment
  680  regardless of the date of the assessment by the association. Any
  681  changes to the limits of a unit owner’s coverage for loss
  682  assessments made on or after the day before the date of the
  683  occurrence are not applicable to such loss.
  684         Section 21. Notwithstanding the expiration of subsection
  685  (4) of section 627.715, Florida Statutes, which occurred on July
  686  1, 2019, that subsection is revived, reenacted, and amended to
  687  read:
  688         627.715 Flood insurance.—An authorized insurer may issue an
  689  insurance policy, contract, or endorsement providing personal
  690  lines residential coverage for the peril of flood or excess
  691  coverage for the peril of flood on any structure or the contents
  692  of personal property contained therein, subject to this section.
  693  This section does not apply to commercial lines residential or
  694  commercial lines nonresidential coverage for the peril of flood.
  695  An insurer may issue flood insurance policies, contracts,
  696  endorsements, or excess coverage on a standard, preferred,
  697  customized, flexible, or supplemental basis.
  698         (4) A surplus lines agent may export a contract or
  699  endorsement providing flood coverage to an eligible surplus
  700  lines insurer without making a diligent effort to seek such
  701  coverage from three or more authorized insurers under s.
  702  626.916(1)(a). This subsection expires July 1, 2025 2019, or on
  703  the date on which the Commissioner of Insurance Regulation
  704  determines in writing that there is an adequate admitted market
  705  to provide coverage for the peril of flood consistent with this
  706  section, whichever date occurs first. If there are fewer than
  707  three admitted insurers on the date this subsection expires, the
  708  number of declinations necessary to meet the diligent-effort
  709  requirement shall be no fewer than the number of authorized
  710  insurers providing flood coverage.
  711         Section 22. Paragraph (a) of subsection (9) of section
  712  627.7152, Florida Statutes, is amended to read:
  713         627.7152 Assignment agreements.—
  714         (9)(a) An assignee must provide the named insured, insurer,
  715  and the assignor, if not the named insured, with a written
  716  notice of intent to initiate litigation before filing suit under
  717  the policy. Such notice must be served at least 10 business days
  718  before filing suit by electronic or certified mail, return
  719  receipt requested, to the name and address or e-mail address
  720  designated by the insurer in the policy documents and pursuant
  721  to s. 624.422 or electronic delivery at least 10 business days
  722  before filing suit, but may not be served before the insurer has
  723  made a determination of coverage under s. 627.70131. The notice
  724  must specify the damages in dispute, the amount claimed, and a
  725  presuit settlement demand. Concurrent with the notice, and as a
  726  precondition to filing suit, the assignee must provide the named
  727  insured, insurer, and the assignor, if not the named insured, a
  728  detailed written invoice or estimate of services, including
  729  itemized information on equipment, materials, and supplies; the
  730  number of labor hours; and, in the case of work performed, proof
  731  that the work has been performed in accordance with accepted
  732  industry standards.
  733         Section 23. Subsection (4) of section 627.7295, Florida
  734  Statutes, is amended to read:
  735         627.7295 Motor vehicle insurance contracts.—
  736         (4) The insurer may cancel the policy in accordance with
  737  this code except that, notwithstanding s. 627.728, an insurer
  738  may not cancel a new policy or binder during the first 30 60
  739  days immediately following the effective date of the policy or
  740  binder for nonpayment of premium unless the reason for the
  741  cancellation is the issuance of a check for the premium that is
  742  dishonored for any reason or any other type of premium payment
  743  that was subsequently determined to be rejected or invalid.
  744         Section 24. Present subsection (4) of section 627.914,
  745  Florida Statutes, is redesignated as subsection (5), a new
  746  subsection (4) is added to that section, and subsections (2) and
  747  (3) of that section are amended, to read:
  748         627.914 Reports of information by workers’ compensation
  749  insurers required.—
  750         (2)(a) Each insurer and self-insurance fund authorized to
  751  write a policy of workers’ compensation insurance shall report
  752  transmit the following information annually on both Florida
  753  experience and nationwide experience separately:
  754         1.(a) Payrolls by classification.
  755         2.(b) Manual premiums by classification.
  756         3.(c) Standard premiums by classification.
  757         4.(d) Losses by classification and injury type.
  758         5.(e) Expenses.
  760  An insurer or self-insurance fund that is placed in receivership
  761  pursuant to part I of chapter 631 must continue to report the
  762  information required under this paragraph. At the discretion of
  763  the receiver, the insurer or self-insurance fund may outsource
  764  the reporting of such information to a third-party reporting
  765  vendor. The office shall approve a modified reporting plan that
  766  is limited in terms of data elements.
  767         (b) A report of the this information required under
  768  paragraph (a) shall be filed no later than July 1 of each year.
  769  All reports shall be filed in accordance with standard reporting
  770  procedures for insurers, which procedures have received approval
  771  by the office, and shall contain data for the most recent policy
  772  period available. A statistical or rating organization may be
  773  used by insurers and self-insurance funds to report the data
  774  required by this section. The statistical or rating organization
  775  shall report each data element in the aggregate only for
  776  insurers and self-insurance funds required to report under this
  777  section who elect to have the organization report on their
  778  behalf. Such insurers and self-insurance funds shall be named in
  779  the report.
  780         (3) Individual self-insurers as defined in s. 440.02 shall
  781  report only Florida data as prescribed in subparagraphs
  782  (2)(a)1.-5. paragraphs (2)(a)-(e) to the office.
  783         (a) The office shall publish the dates and forms necessary
  784  to enable individual self-insurers to comply with this section.
  785         (b) A statistical or rating organization may be used by
  786  individual self-insurers for the purposes of reporting the data
  787  required by this section and calculating experience ratings.
  788         (4)The office may use the information it receives under
  789  this section in its adoption of rates and experience ratings
  790  modifications.
  791         Section 25. Subsection (3) of section 628.801, Florida
  792  Statutes, is amended to read:
  793         628.801 Insurance holding companies; registration;
  794  regulation.—
  795         (3) Effective January 1, 2021 2015, pursuant to chapter 624
  796  relating to the examination of insurers, the office may examine
  797  any insurer registered under this section and its affiliates,
  798  including a managing general agent or holding company, to
  799  ascertain the financial condition of the insurer, including the
  800  enterprise risk to the insurer by the ultimate controlling
  801  party, or by any entity or combination of entities within the
  802  insurance holding company system, or by the insurance holding
  803  company system on a consolidated basis.
  804         Section 26. Paragraph (a) of subsection (1) of section
  805  629.401, Florida Statutes, is amended to read:
  806         629.401 Insurance exchange.—
  807         (1) There may be created one or more insurance exchanges,
  808  with one or more offices each, subject to such rules as are
  809  adopted by the commission. For the purposes of this section, the
  810  term “exchange” applies to any such insurance exchange proposed
  811  or created under this section. The purposes of the exchange are:
  812         (a) To provide a facility for the underwriting of:
  813         1. Reinsurance of all kinds of insurance.
  814         2. Direct insurance of all kinds on risks located entirely
  815  outside the United States.
  816         3. Surplus lines insurance for risks located in this state
  817  eligible for export under s. 626.916 or s. 626.917 and placed
  818  through a licensed Florida surplus lines agent subject to
  819  compliance with the provisions of ss. 626.921, 626.922, 626.923,
  820  626.924, 626.929, 626.9295, and 626.930, and 626.931. With
  821  respect to compliance with s. 626.924, the required legend may
  822  refer to any coverage provided for by a security fund
  823  established under paragraph (3)(d).
  824         4. Surplus lines insurance in any other state subject to
  825  the applicable surplus lines laws of such other state for risks
  826  located entirely outside of this state.
  827         Section 27. Section 634.171, Florida Statutes, is amended
  828  to read:
  829         634.171 Salesperson to be licensed and appointed;
  830  exceptions.—Salespersons for motor vehicle service agreement
  831  companies and insurers shall be licensed, appointed, renewed,
  832  continued, reinstated, or terminated as prescribed in chapter
  833  626 for insurance representatives in general. However, they
  834  shall be exempt from all other provisions of chapter 626
  835  including fingerprinting, photo identification, education, and
  836  examination provisions. License, appointment, and other fees
  837  shall be those prescribed in s. 624.501. A licensed and
  838  appointed salesperson shall be directly responsible and
  839  accountable for all acts of her or his employees and other
  840  representatives. Each service agreement company or insurer
  841  shall, on forms prescribed by the department, within 30 days
  842  after termination of the appointment, notify the department of
  843  such termination. No employee or salesperson of a motor vehicle
  844  service agreement company or insurer may directly or indirectly
  845  solicit or negotiate insurance contracts, or hold herself or
  846  himself out in any manner to be an insurance agent, unless so
  847  qualified, licensed, and appointed therefor under the Florida
  848  Insurance Code. A licensed personal lines or general lines agent
  849  may solicit, negotiate, advertise, or sell motor vehicle service
  850  agreements and is not required to be licensed under this
  851  section. A motor vehicle service agreement company is not
  852  required to be licensed as a salesperson to solicit, sell,
  853  issue, or otherwise transact the motor vehicle service
  854  agreements issued by the motor vehicle service agreement
  855  company.
  856         Section 28. Section 634.317, Florida Statutes, is amended
  857  to read:
  858         634.317 License and appointment required; exception.—No
  859  person may solicit, negotiate, or effectuate home warranty
  860  contracts for remuneration in this state unless such person is
  861  licensed and appointed as a sales representative. A licensed and
  862  appointed sales representative shall be directly responsible and
  863  accountable for all acts of the licensee’s employees. A licensed
  864  personal lines or general lines agent may solicit, negotiate,
  865  advertise, or sell home warranty contracts and is not required
  866  to be licensed under this section.
  867         Section 29. Section 634.419, Florida Statutes, is amended
  868  to read:
  869         634.419 License and appointment required; exception.—No
  870  person or entity shall solicit, negotiate, advertise, or
  871  effectuate service warranty contracts in this state unless such
  872  person or entity is licensed and appointed as a sales
  873  representative. Sales representatives shall be responsible for
  874  the actions of persons under their supervision. However, a
  875  service warranty association licensed as such under this part
  876  shall not be required to be licensed and appointed as a sales
  877  representative to solicit, negotiate, advertise, or effectuate
  878  its products. A licensed personal lines or general lines agent
  879  may solicit, negotiate, advertise, or sell service warranty
  880  contracts and is not required to be licensed under this section.
  881         Section 30. The Division of Law Revision is directed to
  882  create chapter 647, Florida Statutes, consisting of ss. 647.01
  883  647.08, Florida Statutes, to be entitled “Travel Insurance.”
  884         Section 31. Section 647.01, Florida Statutes, is created to
  885  read:
  886         647.01 Purpose and scope.—
  887         (1)The purpose of this chapter is to promote the public
  888  welfare by creating a comprehensive legal framework within which
  889  travel insurance may be sold in this state.
  890         (2)This chapter applies to:
  891         (a)Travel insurance that covers any resident of this state
  892  and that is sold, solicited, negotiated, or offered in this
  893  state.
  894         (b)Policies and certificates that are delivered or issued
  895  for delivery in this state.
  897  This chapter does not apply to cancellation fee waivers or
  898  travel assistance services, except as expressly provided in this
  899  chapter.
  900         (3)All other applicable provisions of the insurance laws
  901  of this state continue to apply to travel insurance, except that
  902  the specific provisions of this chapter shall supersede any
  903  general provisions of law that would otherwise be applicable to
  904  travel insurance.
  905         Section 32. Section 647.02, Florida Statutes, is created to
  906  read:
  907         647.02 Definitions.—As used in this chapter, the term:
  908         (1)“Aggregator site” means a website that provides access
  909  to information regarding insurance products from more than one
  910  insurer, including product and insurer information, for use in
  911  comparison shopping.
  912         (2)“Blanket travel insurance” means a policy of travel
  913  insurance issued to an eligible group providing coverage to all
  914  members of the eligible group without a separate charge to
  915  individual members of the eligible group.
  916         (3)“Cancellation fee waiver” means a contractual agreement
  917  between a supplier of travel services and its customer to waive
  918  some or all of the nonrefundable cancellation fee provisions of
  919  the supplier’s underlying travel contract with or without regard
  920  to the reason for the cancellation or form of reimbursement. A
  921  cancellation fee waiver is not insurance.
  922         (4)“Department” means the Department of Financial
  923  Services.
  924         (5)“Eligible group,” solely for the purposes of travel
  925  insurance, means two or more persons who are engaged in a common
  926  enterprise or who have an economic, educational, or social
  927  affinity or relationship, including, but not limited to, any of
  928  the following:
  929         (a)An entity engaged in the business of providing travel
  930  or travel services, including, but not limited to:
  931         1.A tour operator, lodging provider, vacation property
  932  owner, hotel, resort, travel club, travel agency, property
  933  manager, and cultural exchange program.
  934         2.An operator, owner, or lessor of a means of
  935  transportation of passengers, including, but not limited to, a
  936  common carrier, airline, cruise line, railroad, steamship
  937  company, and public bus carrier.
  939  With regard to any particular travel or type of travel or
  940  travelers, all members or customers of the group must have a
  941  common exposure to risk attendant to such travel.
  942         (b)A university, college, school, or other institution of
  943  learning, covering students, teachers, employees, or volunteers.
  944         (c)An employer covering any group of employees,
  945  volunteers, contractors, board of directors, dependents, or
  946  guests.
  947         (d)A sports team or camp, or a sponsor thereof, covering
  948  participants, members, campers, employees, officials,
  949  supervisors, or volunteers.
  950         (e)A religious, charitable, recreational, educational, or
  951  civic organization, or a branch thereof, covering any group of
  952  members, participants, or volunteers.
  953         (f)A financial institution or financial institution
  954  vendor, or a parent holding company, trustee, or agent of or
  955  designated by one or more financial institutions or financial
  956  institution vendors, including account holders, credit card
  957  holders, debtors, guarantors, or purchasers.
  958         (g)An incorporated or unincorporated association,
  959  including a labor union, having a common interest and
  960  constitution and bylaws, which is organized and maintained in
  961  good faith for purposes other than obtaining insurance coverage
  962  for its members or participants.
  963         (h)A trust or the trustees of a fund that covers its
  964  members, employees, or customers and is established, created, or
  965  maintained for the benefit of its members, employees, or
  966  customers, subject to:
  967         1.The department’s authorizing the use of a trust.
  968         2.The premium tax provisions in s. 647.03 applicable to
  969  incorporated or unincorporated associations that have a common
  970  interest and constitution and bylaws and that are organized and
  971  maintained in good faith for purposes other than obtaining
  972  insurance coverage for their members, employees, or customers.
  973         (i)An entertainment production company covering any group
  974  of participants, volunteers, audience members, contestants, or
  975  workers.
  976         (j)A volunteer fire department, ambulance, rescue, police,
  977  court, first-aid, civil defense, or other such volunteer group.
  978         (k)A preschool, daycare institution for children or
  979  adults, or senior citizen club.
  980         (l)An automobile or truck rental or leasing company
  981  covering a group of individuals who may become renters, lessees,
  982  or passengers as defined by their travel status on the rented or
  983  leased vehicles. The common carrier, the operator, owner, or
  984  lessor of a means of transportation, or the motor vehicle or
  985  truck rental or leasing company is the policyholder under a
  986  policy to which this section applies.
  987         (m)Any other group for which the department has made the
  988  following determinations:
  989         1.The group members are engaged in a common enterprise or
  990  have an economic, educational, or social affinity or
  991  relationship.
  992         2.Issuance of the travel insurance policy is not contrary
  993  to the public interest.
  994         (6)“Fulfillment materials” means documentation sent to the
  995  purchaser of a travel protection plan confirming the purchase
  996  and providing the travel protection plan’s coverage and
  997  assistance details.
  998         (7)“Group travel insurance” means travel insurance issued
  999  to an eligible group.
 1000         (8)“Limited lines travel insurance producer” means:
 1001         (a)A licensed or third-party administrator;
 1002         (b)A licensed insurance producer, including a limited
 1003  lines producer; or
 1004         (c)A travel administrator.
 1005         (9)“Travel administrator” means a person who directly or
 1006  indirectly underwrites policies for; collects charges,
 1007  collateral, or premiums from; or adjusts or settles claims made
 1008  by residents of this state in connection with travel insurance,
 1009  except that a person is not considered a travel administrator if
 1010  the person is:
 1011         (a)A person working for a travel administrator, to the
 1012  extent that the person’s activities are subject to the
 1013  supervision and control of the travel administrator;
 1014         (b)An insurance producer selling insurance or engaged in
 1015  administrative and claims-related activities within the scope of
 1016  the producer’s license;
 1017         (c)A travel retailer, as defined s. 626.321(1)(c)2.,
 1018  offering and disseminating travel insurance and registered under
 1019  the license of a limited lines travel insurance producer in
 1020  accordance with s. 626.321(1)(c);
 1021         (d)A person adjusting or settling claims in the normal
 1022  course of the person’s practice or employment as an attorney at
 1023  law, without collecting charges or premiums in connection with
 1024  insurance coverage; or
 1025         (e)A business entity that is affiliated with a licensed
 1026  insurer while acting as a travel administrator for the direct
 1027  and assumed insurance business of the affiliated insurer.
 1028         (10)“Travel assistance services” means noninsurance
 1029  services for which the consumer is not indemnified based on a
 1030  fortuitous event, and the provision of which does not result in
 1031  the transfer or shifting of risk which would constitute the
 1032  business of insurance. The term includes, but is not limited to,
 1033  security advisories, destination information, vaccination and
 1034  immunization information services, travel reservation services,
 1035  entertainment, activity and event planning, translation
 1036  assistance, emergency messaging, international legal and medical
 1037  referrals, medical case monitoring, coordination of
 1038  transportation arrangements, emergency cash transfer assistance,
 1039  medical prescription replacement assistance, passport and travel
 1040  document replacement assistance, lost luggage assistance,
 1041  concierge services, and any other service that is furnished in
 1042  connection with planned travel. Travel assistance services are
 1043  not insurance and are not related to insurance.
 1044         (11)“Travel insurance” means insurance coverage for
 1045  personal risks incidental to planned travel, including:
 1046         (a)Interruption or cancellation of trip or event;
 1047         (b)Loss of baggage or personal effects;
 1048         (c)Damages to accommodations or rental vehicles;
 1049         (d)Sickness, accident, disability, or death occurring
 1050  during travel;
 1051         (e)Emergency evacuation;
 1052         (f)Repatriation of remains; or
 1053         (g)Any other contractual obligations to indemnify or pay a
 1054  specified amount to the traveler upon determinable contingencies
 1055  related to travel, as determined by the office.
 1057  The term does not include major medical plans that provide
 1058  comprehensive medical protection for travelers with trips
 1059  lasting longer than 6 months, including major medical plans for
 1060  those working or residing overseas as expatriates, or any other
 1061  product that requires a specific insurance producer license.
 1062         (12)“Travel protection plan” means a plan that provides
 1063  one or more of the following: travel insurance, travel
 1064  assistance services, and cancellation fee waivers.
 1065         Section 33. Section 647.03, Florida Statutes, is created to
 1066  read:
 1067         647.03 Premium tax.—
 1068         (1)As used in this section, the term:
 1069         (a)“Primary certificateholder” means an individual who
 1070  purchases travel insurance under a group policy.
 1071         (b)“Primary policyholder” means an individual who
 1072  purchases individual travel insurance.
 1073         (2)A travel insurer shall pay the premium tax, as required
 1074  under s. 624.509, on travel insurance premiums paid by any of
 1075  the following:
 1076         (a)A primary policyholder who is a resident of this state.
 1077         (b)A primary certificateholder who is a resident of this
 1078  state.
 1079         (c)A blanket travel insurance policyholder:
 1080         1.Who is a resident in this state;
 1081         2.Who has his or her principal place of business in this
 1082  state; or
 1083         3.Whose affiliate or subsidiary who has purchased blanket
 1084  travel insurance for eligible blanket group members has his or
 1085  her principal place of business in this state.
 1087  The premium tax under this subsection is subject to any
 1088  apportionment rules that apply to an insurer across multiple
 1089  taxing jurisdictions or that authorize an insurer to allocate
 1090  premium on an apportioned basis in a reasonable and equitable
 1091  manner in those jurisdictions.
 1092         (3)A travel insurer shall:
 1093         (a)Document the state of residence or principal place of
 1094  business of the policyholder or certificateholder, or an
 1095  affiliate or subsidiary thereof, as required under subsection
 1096  (2).
 1097         (b)Report as premium only the amount allocable to travel
 1098  insurance and not any amounts received for travel assistance
 1099  services or cancellation fee waivers.
 1100         Section 34. Section 647.04, Florida Statutes, is created to
 1101  read:
 1102         647.04 Travel protection plans.—A travel protection plan
 1103  may be offered for one price for the combined features that the
 1104  travel protection plan offers in this state if the travel
 1105  protection plan meets all of the following requirements:
 1106         (1)The travel protection plan clearly discloses to the
 1107  consumer, at or before the time of purchase, that it includes
 1108  travel insurance, travel assistance services, and cancellation
 1109  fee waivers, as applicable, and provides information and an
 1110  opportunity, at or before the time of purchase, for the consumer
 1111  to obtain additional information regarding the features and
 1112  pricing of each.
 1113         (2)The fulfillment materials:
 1114         (a)Describe and delineate the travel insurance, travel
 1115  assistance services, and cancellation fee waivers in the travel
 1116  protection plan.
 1117         (b)Include the travel insurance disclosures required in
 1118  this chapter, the contact information for persons providing
 1119  travel assistance services, and cancellation fee waivers, as
 1120  applicable.
 1121         Section 35. Section 647.05, Florida Statutes, is created to
 1122  read:
 1123         647.05 Sales practices.—
 1124         (1)(a)All documents provided to a consumer before the
 1125  purchase of travel insurance, including, but not limited to,
 1126  sales materials, advertising materials, and marketing materials,
 1127  must be consistent with the travel insurance policy, including,
 1128  but not limited to, forms, endorsements, policies, rate filings,
 1129  and certificates of insurance.
 1130         (b)For travel insurance policies or certificates that
 1131  contain preexisting condition exclusions, information and an
 1132  opportunity to learn more about the preexisting condition
 1133  exclusions must be provided any time before the purchase.
 1134  Information on the exclusions and the opportunity to learn more
 1135  about these exclusions must be included in the coverage’s
 1136  fulfillment materials.
 1137         (c)The fulfillment materials and the information described
 1138  in s. 626.321(1)(c)3.a. must be provided to a policyholder or
 1139  certificateholder as soon as practicable after the purchase of a
 1140  travel protection plan. Unless the insured has started a covered
 1141  trip or filed a claim under the travel insurance coverage, the
 1142  policyholder or certificateholder may cancel a policy or
 1143  certificate for a full refund of the travel protection plan
 1144  price from the date of purchase of a travel protection plan
 1145  until at least:
 1146         1.Fifteen days after the date of delivery of the travel
 1147  protection plan’s fulfillment materials by postal mail; or
 1148         2.Ten days after the date of delivery of the travel
 1149  protection plan’s fulfillment materials by means other than
 1150  postal mail.
 1152  For the purposes of this paragraph, the term “delivery” means
 1153  handing fulfillment materials to the policyholder or
 1154  certificateholder or sending fulfillment materials by postal
 1155  mail or electronic means to the policyholder or
 1156  certificateholder.
 1157         (d)An insurer shall disclose in the policy documentation
 1158  and fulfillment materials whether the travel insurance is
 1159  primary or secondary to other applicable coverage.
 1160         (e)If travel insurance is marketed directly to a consumer
 1161  through an insurer’s website or by others through an aggregator
 1162  site, it is not an unfair trade practice or other violation of
 1163  law if the following requirements are met:
 1164         1.The web page provides an accurate summary or short
 1165  description of the coverage.
 1166         2.The consumer has access to the full provisions of the
 1167  policy through electronic means.
 1168         (2)A person offering, soliciting, or negotiating travel
 1169  insurance or travel protection plans on an individual or group
 1170  basis may not do so by using a negative or opt-out option that
 1171  would require a consumer to take an affirmative action to
 1172  deselect coverage, such as unchecking a box on an electronic
 1173  form, when the consumer purchases a trip.
 1174         (3)If a consumer’s destination jurisdiction requires
 1175  insurance coverage, it is not an unfair trade practice to
 1176  require that the consumer choose between the following options
 1177  as a condition of purchasing a trip or travel package:
 1178         (a)Purchasing the coverage required by the destination
 1179  jurisdiction through the travel retailer, as defined s.
 1180  626.321(1)(c)2., or limited lines travel insurance producer
 1181  supplying the trip or travel package; or
 1182         (b)Agreeing to obtain and provide proof of coverage that
 1183  meets the destination jurisdiction’s requirements before
 1184  departure.
 1185         (4)(a)A person offering travel insurance to residents of
 1186  this state is subject to part IX of chapter 626, the Unfair
 1187  Insurance Trade Practices Act, except as otherwise provided in
 1188  this chapter. If a conflict arises between this chapter and the
 1189  Unfair Insurance Trade Practices Act regarding the sale and
 1190  marketing of travel insurance and travel protection plans, the
 1191  provisions of this chapter shall control.
 1192         (b)A person commits an unfair insurance trade practice
 1193  under the Unfair Insurance Trade Practices Act if the person:
 1194         1.Offers or sells a travel insurance policy that could
 1195  never result in payment of any claims for any insured under the
 1196  policy; or
 1197         2.Markets blanket travel insurance coverage as free.
 1198         Section 36. Section 647.06, Florida Statutes, is created to
 1199  read:
 1200         647.06 Travel administrators.—
 1201         (1)Notwithstanding any other provision of the Florida
 1202  Insurance Code, a person may not act or represent himself or
 1203  herself as a travel administrator in this state unless the
 1204  person:
 1205         (a)Is a licensed and appointed property and casualty
 1206  insurance producer in this state for activities authorized under
 1207  that producer license;
 1208         (b)Is a licensed insurance agency, appointed as a managing
 1209  general agent in this state; or
 1210         (c)Holds a valid third-party administrator license in this
 1211  state.
 1212         (2)A travel administrator and its employees are exempt
 1213  from the licensing requirements of part VI of chapter 626 for
 1214  the travel insurance it administers.
 1215         (3)An insurer is responsible for ensuring that a travel
 1216  administrator administering travel insurance underwritten by the
 1217  insurer:
 1218         (a)Acts in accordance with this chapter.
 1219         (b)Maintains all books and records that are relevant to
 1220  the insurer and makes these books and records available to the
 1221  department upon request.
 1222         Section 37. Section 647.07, Florida Statutes, is created to
 1223  read:
 1224         647.07 Travel insurance policy.—
 1225         (1)Notwithstanding any other provision of the Florida
 1226  Insurance Code, travel insurance shall be classified and filed
 1227  for purposes of rates and forms under the inland marine line of
 1228  insurance; however, travel insurance that provides coverage for
 1229  sickness, accident, disability, or death occurring during
 1230  travel, either exclusively or in conjunction with related
 1231  coverages of emergency evacuation or repatriation of remains, or
 1232  incidental limited property and casualty benefits, such as
 1233  baggage or trip cancellation, may be classified and filed for
 1234  purposes of rates and forms under either the accident and health
 1235  line of insurance or the inland marine line of insurance.
 1236         (2)Travel insurance may be in the form of an individual,
 1237  group, or blanket policy. Group or blanket policies are
 1238  classified as commercial inland marine insurance under s.
 1239  627.021(2)(d). Travel insurance policies not issued to a
 1240  commercial entity and primarily used for personal, family, or
 1241  household purposes are considered personal inland marine
 1242  insurance and shall not be subject to s. 627.062. Sections of
 1243  policies or endorsements for travel insurance which are
 1244  considered personal inland marine insurance consisting of travel
 1245  assistance services or cancellation fee waivers are not subject
 1246  to s. 627.410.
 1247         (3)Travel insurance programs may be developed and provided
 1248  based on travel protection plans designed for individual or
 1249  identified marketing or distribution channels.
 1250         Section 38. Section 647.08, Florida Statutes, is created to
 1251  read:
 1252         647.08 Rulemaking authority.—The department shall adopt
 1253  rules to administer this chapter.
 1254         Section 39. Except as otherwise expressly provided in this
 1255  act and except for this section, which shall take effect upon
 1256  this act becoming a law, this act shall take effect July 1,
 1257  2020.
 1259  ================= T I T L E  A M E N D M E N T ================
 1260  And the title is amended as follows:
 1261         Delete everything before the enacting clause
 1262  and insert:
 1263                        A bill to be entitled                      
 1264         An act relating to financial services; amending s.
 1265         215.555, F.S.; redefining the term “covered policy”
 1266         under the Florida Hurricane Catastrophe Fund in
 1267         relation to certain collateral protection insurance
 1268         policies; amending s. 319.30, F.S.; revising a certain
 1269         electronic signature requirement for a motor vehicle
 1270         salvage certificate of title; amending ss. 440.12 and
 1271         440.20, F.S.; authorizing the payment of certain
 1272         workers’ compensation benefits to be transmitted to
 1273         the employee’s account with a licensed money
 1274         transmitter; amending s. 624.155, F.S.; revising
 1275         requirements and procedures for the civil remedy
 1276         notice provided to insurers and the Department of
 1277         Financial Services; revising the timeframe for an
 1278         insurer to pay damages or for certain circumstances to
 1279         be corrected; revising circumstances that toll the
 1280         applicable statute of limitations and the period the
 1281         statute of limitations is tolled; amending s. 624.307,
 1282         F.S.; providing that certain aggregate information
 1283         containing trade secret information may be publicly
 1284         disclosed by the department or the Office of Insurance
 1285         Regulation except under certain circumstances;
 1286         prohibiting the Commissioner of Insurance Regulation
 1287         from certain lobbying for compensation during a
 1288         specified timeframe after vacation of public position;
 1289         amending s. 624.315, F.S.; providing that certain
 1290         aggregate information containing trade secret
 1291         information may be publicly disclosed by the
 1292         department or office, except under certain
 1293         circumstances; amending s. 624.422, F.S., requiring
 1294         insurers to file with the department certain contact
 1295         information for service of process; requiring the
 1296         department to publish such information on its website;
 1297         amending s. 626.321, F.S.; providing that certain
 1298         travel insurance licenses are subject to review by the
 1299         department rather than by the office; revising persons
 1300         who may be licensed to transact in travel insurance;
 1301         specifying licensure and registration requirements for
 1302         certain persons; defining the term “travel retailer”;
 1303         specifying requirements for, restrictions on, and
 1304         authorized acts by travel retailers and limited lines
 1305         travel insurance producers; defining the term “offer
 1306         and disseminate”; authorizing certain persons to sell,
 1307         solicit, and negotiate travel insurance; amending s.
 1308         626.854, F.S.; revising a notice requirement before
 1309         certain persons acting on behalf of a residential
 1310         property insurer may schedule an onsite inspection of
 1311         the insured property; prohibiting a certain attempt to
 1312         conduct an unscheduled meeting with the insured or
 1313         claimant; amending s. 626.931, F.S.; deleting a
 1314         requirement for certain surplus lines agents to file
 1315         quarterly affidavits with the Florida Surplus Lines
 1316         Service Office; conforming cross-references; amending
 1317         s. 626.932, F.S.; revising the time when surplus lines
 1318         agents must remit surplus lines taxes; amending s.
 1319         626.935, F.S.; conforming a provision to changes made
 1320         by the act; amending s. 627.062, F.S.; specifying that
 1321         certain periods ending on a weekend or on certain
 1322         holidays are extended until the conclusion of the next
 1323         business day; prohibiting the office from disapproving
 1324         a homeowners’ insurance rate in a rate filing solely
 1325         on specified grounds; amending s. 627.0629, F.S.;
 1326         authorizing, rather than requiring, rate filings for
 1327         certain residential property insurance to include
 1328         certain rate factors; amending ss. 627.0651 and
 1329         627.410, F.S.; specifying that certain periods ending
 1330         on a weekend or on certain holidays are extended until
 1331         the conclusion of the next business day; amending s.
 1332         627.7011, F.S.; authorizing an insurer to offer
 1333         specified homeowner’s policies or endorsements that
 1334         adjust certain losses on certain roofs on an actual
 1335         cash value basis; providing that a policy or
 1336         endorsement is deemed to provide replacement cost
 1337         coverage unless the insured makes a selection of
 1338         actual cash value coverage; requiring the selection
 1339         form to contain a specified notice; specifying a
 1340         method by which an applicant may make such selection;
 1341         amending s. 627.70132, F.S.; adding property insurance
 1342         coverages for which a notice of a claim must be given
 1343         to the insurer within a specified timeframe or be
 1344         barred; specifying a timeframe for such notice for
 1345         supplemental or reopened claims; providing
 1346         applicability; amending s. 627.714, F.S.; revising
 1347         criteria for assessing a residential condominium unit
 1348         owner’s loss assessment coverage; reviving,
 1349         reenacting, and amending s. 627.715(4), F.S.;
 1350         providing an exemption from a diligent effort
 1351         requirement for surplus lines agents exporting
 1352         contracts or endorsements providing flood coverage;
 1353         providing for expiration; amending s. 627.7152, F.S.;
 1354         specifying the manner in which an assignee of certain
 1355         property insurance policy benefits must serve a notice
 1356         of intent to initiate litigation; amending s.
 1357         627.7295, F.S.; decreasing the timeframe during which
 1358         an insurer may not cancel a new policy or binder of
 1359         motor vehicle insurance for nonpayment of premium,
 1360         except under certain circumstances; amending s.
 1361         627.914, F.S.; requiring insurers or self-insurance
 1362         funds that write workers’ compensation insurance and
 1363         that are in receivership to continue to report certain
 1364         information to the office; authorizing the outsourcing
 1365         of reporting under certain circumstances; requiring
 1366         the office to approve a certain reporting plan;
 1367         authorizing the office to use the information for
 1368         certain purposes; amending s. 628.801, F.S.;
 1369         specifying that the office may examine an insurer’s
 1370         managing general agent or insurance holding company;
 1371         amending s. 629.401, F.S.; revising criteria for
 1372         surplus lines insurance in insurance exchanges;
 1373         amending ss. 634.171, 634.317, and 634.419, F.S.;
 1374         authorizing licensed personal lines and general lines
 1375         agents to solicit, negotiate, advertise, or sell motor
 1376         vehicle service agreements, home warranty contracts,
 1377         and service warranty contracts, respectively, without
 1378         specified licenses; creating ch. 647, F.S., entitled
 1379         “Travel Insurance”; creating s. 647.01, F.S.;
 1380         providing legislative purpose; providing
 1381         applicability; creating s. 647.02, F.S.; defining
 1382         terms; creating s. 647.03, F.S.; defining the terms
 1383         “primary certificateholder” and “primary
 1384         policyholder”; requiring travel insurers to pay the
 1385         insurance premium tax on specified travel insurance
 1386         premiums; providing construction; specifying
 1387         requirements for travel insurers; creating s. 647.04,
 1388         F.S.; providing that a travel protection plan may be
 1389         offered for one price if its meets specified
 1390         requirements; creating s. 647.05, F.S.; specifying
 1391         sales practice requirements, prohibited sales
 1392         practices, and authorized sales practices relating to
 1393         travel insurance; specifying a policyholder or
 1394         certificateholder’s right to cancel a travel
 1395         protection plan for a full refund; defining the term
 1396         “delivery”; specifying unfair insurance trade
 1397         practices; providing construction; creating s. 647.06,
 1398         F.S.; specifying qualifications for travel
 1399         administrators; providing an exemption from certain
 1400         licensure; providing that insurers are responsible for
 1401         ensuring certain acts by travel administrators;
 1402         creating s. 647.07, F.S.; specifying the
 1403         classification for travel insurance for rate filing
 1404         purposes; specifying authorized forms of travel
 1405         insurance; providing applicability of certain
 1406         provisions of the Rating Law; authorizing the
 1407         development and provision of travel insurance programs
 1408         on certain bases; creating s. 647.08, F.S.; requiring
 1409         the department to adopt rules; providing effective
 1410         dates.