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