Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1606
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Infrastructure and Security (Perry) recommended
       the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective upon this act becoming a law,
    6  paragraph (d) of subsection (3) of section 319.30, Florida
    7  Statutes, is amended to read:
    8         319.30 Definitions; dismantling, destruction, change of
    9  identity of motor vehicle or mobile home; salvage.—
   10         (3)
   11         (d) An electronic signature that is consistent with chapter
   12  668 satisfies any signature required under this subsection,
   13  except that an electronic signature on an odometer disclosure
   14  submitted through an insurance company must be executed using an
   15  electronic signature, as defined in s. 668.003(4), which that
   16  uses a system providing an Identity Assurance Level,
   17  Authenticator Assurance Level, and Federation Assurance Level,
   18  as described in the National Institute of Standards and
   19  Technology Special Publication 800-63-3, as of December 1, 2017,
   20  which that are equivalent to or greater than:
   21         1. Level 2, for each level, for a certificate of
   22  destruction or.
   23         2. Level 3, for each level, for a salvage certificate of
   24  title.
   25         Section 2. Paragraph (a) of subsection (1) of section
   26  440.12, Florida Statutes, is amended to read:
   27         440.12 Time for commencement and limits on weekly rate of
   28  compensation.—
   29         (1) Compensation is not allowed for the first 7 days of the
   30  disability, except for benefits provided under s. 440.13.
   31  However, if the injury results in more than 21 days of
   32  disability, compensation is allowed from the commencement of the
   33  disability.
   34         (a) All weekly compensation payments, except for the first
   35  payment, must be paid by check or, if authorized by the
   36  employee, paid on a prepaid card pursuant to paragraph (b), or
   37  deposited directly into the employee’s account at a financial
   38  institution as defined in s. 655.005, or transmitted to the
   39  employee’s account with a money transmitter licensed under part
   40  II of chapter 560.
   41         Section 3. Paragraph (a) of subsection (1) and paragraph
   42  (a) of subsection (6) of section 440.20, Florida Statutes, are
   43  amended to read:
   44         440.20 Time for payment of compensation and medical bills;
   45  penalties for late payment.—
   46         (1)(a) Unless the carrier denies compensability or
   47  entitlement to benefits, the carrier shall pay compensation
   48  directly to the employee as required by ss. 440.14, 440.15, and
   49  440.16, in accordance with those sections. Upon receipt of the
   50  employee’s authorization as provided for in s. 440.12(1)(a), the
   51  carrier’s obligation to pay compensation directly to the
   52  employee is satisfied when the carrier directly deposits, by
   53  electronic transfer or other means, compensation into the
   54  employee’s account at a financial institution as defined in s.
   55  655.005 or onto a prepaid card in accordance with s. 440.12(1)
   56  or transmits the employee’s compensation to the employee’s
   57  account with a money transmitter licensed under part II of
   58  chapter 560. Compensation by direct deposit, or through the use
   59  of a prepaid card, or through transmission is considered paid on
   60  the date the funds become available for withdrawal by the
   61  employee.
   62         (6)(a) If any installment of compensation for death or
   63  dependency benefits, or compensation for disability benefits
   64  payable without an award is not paid within 7 days after it
   65  becomes due, as provided in subsection (2), subsection (3), or
   66  subsection (4), there shall be added to such unpaid installment
   67  a penalty of an amount equal to 20 percent of the unpaid
   68  installment, which shall be paid at the same time as, but in
   69  addition to, such installment of compensation. This penalty
   70  shall not apply for late payments resulting from conditions over
   71  which the employer or carrier had no control. When any
   72  installment of compensation payable without an award has not
   73  been paid within 7 days after it became due and the claimant
   74  concludes the prosecution of the claim before a judge of
   75  compensation claims without having specifically claimed
   76  additional compensation in the nature of a penalty under this
   77  section, the claimant will be deemed to have acknowledged that,
   78  owing to conditions over which the employer or carrier had no
   79  control, such installment could not be paid within the period
   80  prescribed for payment and to have waived the right to claim
   81  such penalty. However, during the course of a hearing, the judge
   82  of compensation claims shall on her or his own motion raise the
   83  question of whether such penalty should be awarded or excused.
   84  The department may assess without a hearing the penalty against
   85  either the employer or the carrier, depending upon who was at
   86  fault in causing the delay. The insurance policy cannot provide
   87  that this sum will be paid by the carrier if the department or
   88  the judge of compensation claims determines that the penalty
   89  should be paid by the employer rather than the carrier. Any
   90  additional installment of compensation paid by the carrier
   91  pursuant to this section shall be paid directly to the employee
   92  by check or, if authorized by the employee, by direct deposit
   93  into the employee’s account at a financial institution or by
   94  transmission to the employee’s account with a money transmitter
   95  licensed under part II of chapter 560.
   96         Section 4. Subsection (3) of section 624.155, Florida
   97  Statutes, is amended to read:
   98         624.155 Civil remedy.—
   99         (3)(a) As a condition precedent to bringing an action under
  100  this section, the department and the authorized insurer must
  101  have been given 60 days’ written notice of the violation. Notice
  102  to the authorized insurer must be provided by the department to
  103  the e-mail address designated by the insurer under s. 624.422.
  104         (b) The notice shall be on a form provided by the
  105  department and shall state with specificity the following
  106  information, and such other information as the department may
  107  require:
  108         1. The statutory provision, including the specific language
  109  of the statute, which the authorized insurer allegedly violated.
  110         2. The facts and circumstances giving rise to the
  111  violation.
  112         3. The name of any individual involved in the violation.
  113         4. Reference to specific policy language that is relevant
  114  to the violation, if any. If the person bringing the civil
  115  action is a third party claimant, she or he shall not be
  116  required to reference the specific policy language if the
  117  authorized insurer has not provided a copy of the policy to the
  118  third party claimant pursuant to written request.
  119         5. A statement that the notice is given in order to perfect
  120  the right to pursue the civil remedy authorized by this section.
  121         (c) No action shall lie if, within 60 days after the
  122  insurer receives filing notice from the department in accordance
  123  with this subsection, the damages are paid or the circumstances
  124  giving rise to the violation are corrected.
  125         (d) The authorized insurer that is the recipient of a
  126  notice filed pursuant to this section shall report to the
  127  department on the disposition of the alleged violation.
  128         (e) The applicable statute of limitations for an action
  129  under this section shall be tolled for a period of:
  130         1.Sixty 65 days after the insurer receives from the
  131  department by the mailing of the notice required by this
  132  subsection.
  133         2.Sixty days after the date appraisal is invoked pursuant
  134  to paragraph (f) or the mailing of a subsequent notice required
  135  by this subsection.
  136         (f) A notice required under this subsection may not be
  137  filed within 60 days after appraisal is invoked by any party in
  138  a residential property insurance claim.
  139         Section 5. Subsection (4) of section 624.307, Florida
  140  Statutes, is amended to read:
  141         624.307 General powers; duties.—
  142         (4) The department and office may each collect, propose,
  143  publish, and disseminate information relating to the subject
  144  matter of any duties imposed upon it by law. Aggregate
  145  information may include information asserted as trade secret
  146  information unless the trade secret information can be
  147  individually extrapolated, in which case the trade secret
  148  information remains protected as provided under s. 624.4213.
  149         Section 6. Subsection (4) is added to section 624.315,
  150  Florida Statutes, to read:
  151         624.315 Department; annual report.—
  152         (4)When aggregate information includes information
  153  asserted as trade secret information, the office may include the
  154  trade secret information in the report required under subsection
  155  (1) or may make the trade secret information available under
  156  subsection (2) unless the trade secret information can be
  157  individually extrapolated, in which case the trade secret
  158  information remains protected as provided under s. 624.4213.
  159         Section 7. Subsection (2) of section 624.422, Florida
  160  Statutes, is amended to read:
  161         624.422 Service of process; appointment of Chief Financial
  162  Officer as process agent.—
  163         (2) Prior to its authorization to transact insurance in
  164  this state, each insurer shall file with the department
  165  designation of the name and address of the person to whom
  166  process against it served upon the Chief Financial Officer is to
  167  be forwarded. Each insurer shall also file with the department
  168  designation of the name and e-mail address of the person to whom
  169  the department shall forward civil remedy notices filed under
  170  624.155. The insurer may change a the designation at any time by
  171  a new filing.
  172         Section 8. Paragraph (c) of subsection (1) of section
  173  626.321, Florida Statutes, is amended to read:
  174         626.321 Limited licenses and registration.—
  175         (1) The department shall issue to a qualified applicant a
  176  license as agent authorized to transact a limited class of
  177  business in any of the following categories of limited lines
  178  insurance:
  179         (c) Travel insurance.—License covering only policies and
  180  certificates of travel insurance which are subject to review by
  181  the office. Policies and certificates of travel insurance may
  182  provide coverage for travel insurance, as defined in s. 647.02
  183  risks incidental to travel, planned travel, or accommodations
  184  while traveling, including, but not limited to, accidental death
  185  and dismemberment of a traveler; trip or event cancellation,
  186  interruption, or delay; loss of or damage to personal effects or
  187  travel documents; damages to travel accommodations; baggage
  188  delay; emergency medical travel or evacuation of a traveler; or
  189  medical, surgical, and hospital expenses related to an illness
  190  or emergency of a traveler. Such policy or certificate may be
  191  issued for terms longer than 90 days, but, other than a policy
  192  or certificate providing coverage for air ambulatory services
  193  only, each policy or certificate must be limited to coverage for
  194  travel or use of accommodations of no longer than 90 days. The
  195  license may be issued only to an individual or business entity
  196  that has filed with the department an application for a license
  197  in a form and manner prescribed by the department.
  198         1.A limited lines travel insurance producer, as defined in
  199  s. 647.02, shall be licensed to sell, solicit, or negotiate
  200  travel insurance through a licensed insurer.
  201         2.A person may not act as a limited lines travel insurance
  202  producer or travel retailer unless properly licensed or
  203  registered, respectively. As used in this paragraph, the term
  204  “travel retailer” means a business entity that:
  205         a.Makes, arranges, or offers planned travel.
  206         b.May, under subparagraph 3., offer and disseminate travel
  207  insurance as a service to its customers on behalf of and under
  208  the direction of a limited lines travel insurance producer.
  209         3.A travel retailer may offer and disseminate travel
  210  insurance under a limited lines travel insurance producer
  211  business entity license only if all of the following
  212  requirements are met:
  213         a.The limited lines travel insurance producer or travel
  214  retailer provides to purchasers of travel insurance:
  215         (I)A description of the material terms or the actual
  216  material terms of the insurance coverage.
  217         (II)A description of the process for filing a claim.
  218         (III)A description of the review or cancellation process
  219  for the travel insurance policy.
  220         (IV)The identity and contact information of the insurer
  221  and limited lines travel insurance producer.
  222         b.At the time of licensure, the limited lines travel
  223  insurance producer establishes and maintains a register on the
  224  department’s website and appoints each travel retailer that
  225  offers travel insurance on behalf of the limited lines travel
  226  insurance producer. The limited lines travel insurance producer
  227  must maintain and update the register, which must include the
  228  travel retailer’s federal tax identification number and the
  229  name, address, and contact information of the travel retailer
  230  and an officer or person who directs or controls the travel
  231  retailer’s operations. The limited lines travel insurance
  232  producer shall submit the register to the department upon
  233  reasonable request. The limited lines travel insurance producer
  234  shall also certify that the travel retailer register complies
  235  with 18 U.S.C. s. 1033. The grounds for the suspension and
  236  revocation and the penalties applicable to resident insurance
  237  producers under this section apply to the limited lines travel
  238  insurance producers and travel retailers.
  239         c.The limited lines travel insurance producer has
  240  designated one of its employees as the designated responsible
  241  producer. The designated responsible producer, who must be a
  242  licensed insurance producer, is responsible for compliance with
  243  the travel insurance laws and regulations applicable to the
  244  limited lines travel insurance producer and its registrants. The
  245  designated responsible producer and the president, secretary,
  246  treasurer, and any other officer or person who directs or
  247  controls the limited lines travel insurance producer’s insurance
  248  operations must comply with the fingerprinting requirements
  249  applicable to insurance producers in the resident state of the
  250  limited lines travel insurance producer.
  251         d.The limited lines travel insurance producer has paid all
  252  applicable licensing and appointment fees, as set forth in
  253  applicable general law.
  254         e.The limited lines travel insurance producer requires
  255  each employee and each authorized representative of the travel
  256  retailer whose duties include offering and disseminating travel
  257  insurance to receive a program of instruction or training, which
  258  is subject, at the discretion of the department, to review and
  259  approval. The training material must, at a minimum, contain
  260  adequate instructions on the types of insurance offered, ethical
  261  sales practices, and required disclosures to prospective
  262  purchasers.
  264  As used in this paragraph, the term “offer and disseminate”
  265  means to provide general information, including a description of
  266  the coverage and price, as well as processing the application
  267  and collecting premiums.
  268         4.A travel retailer offering or disseminating travel
  269  insurance shall make available to prospective purchasers
  270  brochures or other written materials that have been approved by
  271  the travel insurer. Such materials must include information
  272  that, at a minimum:
  273         a.Provides the identity and contact information of the
  274  insurer and the limited lines travel insurance producer.
  275         b.Explains that the purchase of travel insurance is not
  276  required in order to purchase any other product or service from
  277  the travel retailer.
  278         c.Explains that a travel retailer is authorized to provide
  279  only general information about the insurance offered by the
  280  travel retailer, including a description of the coverage and
  281  price, but is not qualified or authorized to answer technical
  282  questions about the terms and conditions of the insurance
  283  offered by the travel retailer or to evaluate the adequacy of
  284  the customer’s existing insurance coverage.
  285         5.A travel retailer employee or authorized representative
  286  who is not licensed as an insurance producer may not:
  287         a.Evaluate or interpret the technical terms, benefits, and
  288  conditions of the offered travel insurance coverage;
  289         b.Evaluate or provide advice concerning a prospective
  290  purchaser’s existing insurance coverage; or
  291         c.Hold himself or herself or the travel retailer out as a
  292  licensed insurer, licensed producer, or insurance expert.
  294  Notwithstanding any other law, a travel retailer whose
  295  insurance-related activities, and those of its employees and
  296  authorized representatives, are limited to offering and
  297  disseminating travel insurance on behalf of and under the
  298  direction of a limited lines travel insurance producer meeting
  299  the conditions in this section may receive related compensation
  300  upon registration by the limited lines travel insurance producer
  301  as described in paragraph (2)(b).
  302         6.As the insurer’s designee, the limited lines travel
  303  insurance producer is responsible for the acts of the travel
  304  retailer and shall use reasonable means to ensure compliance by
  305  the travel retailer with this section.
  306         7.Any person licensed as a general or personal lines agent
  307  may sell, solicit, and negotiate travel insurance.:
  308         1.To a full-time salaried employee of a common carrier or
  309  a full-time salaried employee or owner of a transportation
  310  ticket agency and may authorize the sale of such ticket policies
  311  only in connection with the sale of transportation tickets, or
  312  to the full-time salaried employee of such an agent. Such policy
  313  may not be for more than 48 hours or more than the duration of a
  314  specified one-way trip or round trip.
  315         2.To an entity or individual that is:
  316         a.The developer of a timeshare plan that is the subject of
  317  an approved public offering statement under chapter 721;
  318         b.An exchange company operating an exchange program
  319  approved under chapter 721;
  320         c.A managing entity operating a timeshare plan approved
  321  under chapter 721;
  322         d.A seller of travel as defined in chapter 559; or
  323         e.A subsidiary or affiliate of any of the entities
  324  described in sub-subparagraphs a.-d.
  325         3.To a full-time salaried employee of a licensed general
  326  lines agent or a business entity that offers travel planning
  327  services if insurance sales activities authorized by the license
  328  are in connection with, and incidental to, travel.
  329         a.A license issued to a business entity that offers travel
  330  planning services must encompass each office, branch office, or
  331  place of business making use of the entity’s business name in
  332  order to offer, solicit, and sell insurance pursuant to this
  333  paragraph.
  334         b.The application for licensure must list the name,
  335  address, and phone number for each office, branch office, or
  336  place of business that is to be covered by the license. The
  337  licensee shall notify the department of the name, address, and
  338  phone number of any new location that is to be covered by the
  339  license before the new office, branch office, or place of
  340  business engages in the sale of insurance pursuant to this
  341  paragraph. The licensee shall notify the department within 30
  342  days after the closing or terminating of an office, branch
  343  office, or place of business. Upon receipt of the notice, the
  344  department shall delete the office, branch office, or place of
  345  business from the license.
  346         c.A licensed and appointed entity is directly responsible
  347  and accountable for all acts of the licensee’s employees and
  348  parties with whom the licensee has entered into a contractual
  349  agreement to offer travel insurance.
  351  A licensee shall require each individual who offers policies or
  352  certificates under subparagraph 2. or subparagraph 3. to receive
  353  initial training from a general lines agent or an insurer
  354  authorized under chapter 624 to transact insurance within this
  355  state. For an entity applying for a license as a travel
  356  insurance agent, the fingerprinting requirement of this section
  357  applies only to the president, secretary, and treasurer and to
  358  any other officer or person who directs or controls the travel
  359  insurance operations of the entity.
  360         Section 9. Paragraph (a) of subsection (2) of section
  361  627.062, Florida Statutes, is amended to read:
  362         627.062 Rate standards.—
  363         (2) As to all such classes of insurance:
  364         (a) Insurers or rating organizations shall establish and
  365  use rates, rating schedules, or rating manuals that allow the
  366  insurer a reasonable rate of return on the classes of insurance
  367  written in this state. A copy of rates, rating schedules, rating
  368  manuals, premium credits or discount schedules, and surcharge
  369  schedules, and changes thereto, must be filed with the office
  370  under one of the following procedures:
  371         1. If the filing is made at least 90 days before the
  372  proposed effective date and is not implemented during the
  373  office’s review of the filing and any proceeding and judicial
  374  review, such filing is considered a “file and use” filing. In
  375  such case, the office shall finalize its review by issuance of a
  376  notice of intent to approve or a notice of intent to disapprove
  377  within 90 days after receipt of the filing. If the 90-day period
  378  ends on a weekend or a holiday under s. 110.117(1)(a)-(i), it
  379  must be extended until the conclusion of the next business day.
  380  The notice of intent to approve and the notice of intent to
  381  disapprove constitute agency action for purposes of the
  382  Administrative Procedure Act. Requests for supporting
  383  information, requests for mathematical or mechanical
  384  corrections, or notification to the insurer by the office of its
  385  preliminary findings does not toll the 90-day period during any
  386  such proceedings and subsequent judicial review. The rate shall
  387  be deemed approved if the office does not issue a notice of
  388  intent to approve or a notice of intent to disapprove within 90
  389  days after receipt of the filing.
  390         2. If the filing is not made in accordance with
  391  subparagraph 1., such filing must be made as soon as
  392  practicable, but within 30 days after the effective date, and is
  393  considered a “use and file” filing. An insurer making a “use and
  394  file” filing is potentially subject to an order by the office to
  395  return to policyholders those portions of rates found to be
  396  excessive, as provided in paragraph (h).
  397         3. For all property insurance filings made or submitted
  398  after January 25, 2007, but before May 1, 2012, an insurer
  399  seeking a rate that is greater than the rate most recently
  400  approved by the office shall make a “file and use” filing. For
  401  purposes of this subparagraph, motor vehicle collision and
  402  comprehensive coverages are not considered property coverages.
  404  The provisions of this subsection do not apply to workers’
  405  compensation, employer’s liability insurance, and motor vehicle
  406  insurance.
  407         Section 10. Paragraph (a) of subsection (1) of section
  408  627.0651, Florida Statutes, is amended to read:
  409         627.0651 Making and use of rates for motor vehicle
  410  insurance.—
  411         (1) Insurers shall establish and use rates, rating
  412  schedules, or rating manuals to allow the insurer a reasonable
  413  rate of return on motor vehicle insurance written in this state.
  414  A copy of rates, rating schedules, and rating manuals, and
  415  changes therein, shall be filed with the office under one of the
  416  following procedures:
  417         (a) If the filing is made at least 60 days before the
  418  proposed effective date and the filing is not implemented during
  419  the office’s review of the filing and any proceeding and
  420  judicial review, such filing shall be considered a “file and
  421  use” filing. In such case, the office shall initiate proceedings
  422  to disapprove the rate and so notify the insurer or shall
  423  finalize its review within 60 days after receipt of the filing.
  424  If the 60-day period ends on a weekend or a holiday under s.
  425  110.117(1)(a)-(i), it must be extended until the conclusion of
  426  the next business day. Notification to the insurer by the office
  427  of its preliminary findings shall toll the 60-day period during
  428  any such proceedings and subsequent judicial review. The rate
  429  shall be deemed approved if the office does not issue notice to
  430  the insurer of its preliminary findings within 60 days after the
  431  filing.
  432         Section 11. Subsection (2) of section 627.410, Florida
  433  Statutes, is amended to read:
  434         627.410 Filing, approval of forms.—
  435         (2) Every such filing must be made at least 30 days in
  436  advance of any such use or delivery. At the expiration of the 30
  437  days, the form filed will be deemed approved unless prior
  438  thereto it has been affirmatively approved or disapproved by
  439  order of the office. The approval of such form by the office
  440  constitutes a waiver of any unexpired portion of such waiting
  441  period. The office may extend the period within which it may
  442  affirmatively approve or disapprove such form by up to 15 days
  443  by giving notice of such extension before expiration of the
  444  initial 30-day period. If the initial 30-day period or the 15
  445  day extension period ends on a weekend or a holiday under s.
  446  110.117(1)(a)-(i), the review period must be extended until the
  447  conclusion of the next business day. At the expiration of such
  448  extended period, and in the absence of prior affirmative
  449  approval or disapproval, such form shall be deemed approved.
  450         Section 12. Subsection (2) of section 627.714, Florida
  451  Statutes, is amended to read:
  452         627.714 Residential condominium unit owner coverage; loss
  453  assessment coverage required.—
  454         (2) The maximum amount of any unit owner’s loss assessment
  455  coverage that can be assessed for any loss shall be an amount
  456  equal to that unit owner’s loss assessment coverage limit in
  457  effect 1 day before the date of the occurrence that gave rise to
  458  the loss. Such coverage is applicable to any loss assessment
  459  regardless of the date of the assessment by the association. Any
  460  changes to the limits of a unit owner’s coverage for loss
  461  assessments made on or after the day before the date of the
  462  occurrence are not applicable to such loss.
  463         Section 13. Subsection (4) of section 627.7295, Florida
  464  Statutes, is amended to read:
  465         627.7295 Motor vehicle insurance contracts.—
  466         (4) The insurer may cancel the policy in accordance with
  467  this code except that, notwithstanding s. 627.728, an insurer
  468  may not cancel a new policy or binder during the first 30 60
  469  days immediately following the effective date of the policy or
  470  binder for nonpayment of premium unless the reason for the
  471  cancellation is the issuance of a check for the premium that is
  472  dishonored for any reason or any other type of premium payment
  473  that was subsequently determined to be rejected or invalid.
  474         Section 14. The Division of Law Revision is directed to
  475  create chapter 647, Florida Statutes, consisting of ss. 647.01
  476  647.08, Florida Statutes, to be entitled “Travel Insurance.”
  477         Section 15. Section 647.01, Florida Statutes, is created to
  478  read:
  479         647.01 Purpose and scope.—
  480         (1)The purpose of this chapter is to promote the public
  481  welfare by creating a comprehensive legal framework within which
  482  travel insurance may be sold in this state.
  483         (2)This chapter applies to:
  484         (a)Travel insurance that covers any resident of this state
  485  and that is sold, solicited, negotiated, or offered in this
  486  state.
  487         (b)Policies and certificates that are delivered or issued
  488  for delivery in this state.
  490  This chapter does not apply to cancellation fee waivers or
  491  travel assistance services, except as expressly provided in this
  492  chapter.
  493         (3)All other applicable provisions of the insurance laws
  494  of this state continue to apply to travel insurance, except that
  495  the specific provisions of this chapter shall supersede any
  496  general provisions of law that would otherwise be applicable to
  497  travel insurance.
  498         Section 16. Section 647.02, Florida Statutes, is created to
  499  read:
  500         647.02 Definitions.—As used in this chapter, the term:
  501         (1)“Aggregator site” means a website that provides access
  502  to information regarding insurance products from more than one
  503  insurer, including product and insurer information, for use in
  504  comparison shopping.
  505         (2)“Blanket travel insurance” means a policy of travel
  506  insurance issued to an eligible group providing coverage to all
  507  members of the eligible group without a separate charge to
  508  individual members of the eligible group.
  509         (3)“Cancellation fee waiver” means a contractual agreement
  510  between a supplier of travel services and its customer to waive
  511  some or all of the nonrefundable cancellation fee provisions of
  512  the supplier’s underlying travel contract with or without regard
  513  to the reason for the cancellation or form of reimbursement. A
  514  cancellation fee waiver is not insurance.
  515         (4)“Department” means the Department of Financial
  516  Services.
  517         (5)“Eligible group,” solely for the purposes of travel
  518  insurance, means two or more persons who are engaged in a common
  519  enterprise or who have an economic, educational, or social
  520  affinity or relationship, including, but not limited to, any of
  521  the following:
  522         (a)An entity engaged in the business of providing travel
  523  or travel services, including, but not limited to:
  524         1.A tour operator, lodging provider, vacation property
  525  owner, hotel, resort, travel club, travel agency, property
  526  manager, and cultural exchange program.
  527         2.An operator, owner, or lessor of a means of
  528  transportation of passengers, including, but not limited to, a
  529  common carrier, airline, cruise line, railroad, steamship
  530  company, and public bus carrier.
  532  With regard to any particular travel or type of travel or
  533  travelers, all members or customers of the group must have a
  534  common exposure to risk attendant to such travel.
  535         (b)A university, college, school, or other institution of
  536  learning, covering students, teachers, employees, or volunteers.
  537         (c)An employer covering any group of employees,
  538  volunteers, contractors, board of directors, dependents, or
  539  guests.
  540         (d)A sports team or camp, or a sponsor thereof, covering
  541  participants, members, campers, employees, officials,
  542  supervisors, or volunteers.
  543         (e)A religious, charitable, recreational, educational, or
  544  civic organization, or a branch thereof, covering any group of
  545  members, participants, or volunteers.
  546         (f)A financial institution or financial institution
  547  vendor, or a parent holding company, trustee, or agent of or
  548  designated by one or more financial institutions or financial
  549  institution vendors, including account holders, credit card
  550  holders, debtors, guarantors, or purchasers.
  551         (g)An incorporated or unincorporated association,
  552  including a labor union, having a common interest and
  553  constitution and bylaws, which is organized and maintained in
  554  good faith for purposes other than obtaining insurance coverage
  555  for its members or participants.
  556         (h)A trust or the trustees of a fund that covers its
  557  members, employees, or customers and is established, created, or
  558  maintained for the benefit of its members, employees, or
  559  customers, subject to:
  560         1.The department’s authorizing the use of a trust.
  561         2.The premium tax provisions in s. 647.03 applicable to
  562  incorporated or unincorporated associations that have a common
  563  interest and constitution and bylaws and that are organized and
  564  maintained in good faith for purposes other than obtaining
  565  insurance coverage for their members, employees, or customers.
  566         (i)An entertainment production company covering any group
  567  of participants, volunteers, audience members, contestants, or
  568  workers.
  569         (j)A volunteer fire department, ambulance, rescue, police,
  570  court, first-aid, civil defense, or other such volunteer group.
  571         (k)A preschool, daycare institution for children or
  572  adults, or senior citizen club.
  573         (l)An automobile or truck rental or leasing company
  574  covering a group of individuals who may become renters, lessees,
  575  or passengers as defined by their travel status on the rented or
  576  leased vehicles. The common carrier, the operator, owner, or
  577  lessor of a means of transportation, or the motor vehicle or
  578  truck rental or leasing company is the policyholder under a
  579  policy to which this section applies.
  580         (m)Any other group for which the department has made the
  581  following determinations:
  582         1.The group members are engaged in a common enterprise or
  583  have an economic, educational, or social affinity or
  584  relationship.
  585         2.Issuance of the travel insurance policy is not contrary
  586  to the public interest.
  587         (6)“Fulfillment materials” means documentation sent to the
  588  purchaser of a travel protection plan confirming the purchase
  589  and providing the travel protection plan’s coverage and
  590  assistance details.
  591         (7)“Group travel insurance” means travel insurance issued
  592  to an eligible group.
  593         (8)“Limited lines travel insurance producer” means:
  594         (a)A licensed or third-party administrator;
  595         (b)A licensed insurance producer, including a limited
  596  lines producer; or
  597         (c)A travel administrator.
  598         (9)“Travel administrator” means a person who directly or
  599  indirectly underwrites policies for; collects charges,
  600  collateral, or premiums from; or adjusts or settles claims made
  601  by residents of this state in connection with travel insurance,
  602  except that a person is not considered a travel administrator if
  603  the person is:
  604         (a)A person working for a travel administrator, to the
  605  extent that the person’s activities are subject to the
  606  supervision and control of the travel administrator;
  607         (b)An insurance producer selling insurance or engaged in
  608  administrative and claims-related activities within the scope of
  609  the producer’s license;
  610         (c)A travel retailer, as defined s. 626.321(1)(c)2.,
  611  offering and disseminating travel insurance and registered under
  612  the license of a limited lines travel insurance producer in
  613  accordance with s. 626.321(1)(c);
  614         (d)A person adjusting or settling claims in the normal
  615  course of the person’s practice or employment as an attorney at
  616  law, without collecting charges or premiums in connection with
  617  insurance coverage; or
  618         (e)A business entity that is affiliated with a licensed
  619  insurer while acting as a travel administrator for the direct
  620  and assumed insurance business of the affiliated insurer.
  621         (10)“Travel assistance services” means noninsurance
  622  services for which the consumer is not indemnified based on a
  623  fortuitous event, and the provision of which does not result in
  624  the transfer or shifting of risk which would constitute the
  625  business of insurance. The term includes, but is not limited to,
  626  security advisories, destination information, vaccination and
  627  immunization information services, travel reservation services,
  628  entertainment, activity and event planning, translation
  629  assistance, emergency messaging, international legal and medical
  630  referrals, medical case monitoring, coordination of
  631  transportation arrangements, emergency cash transfer assistance,
  632  medical prescription replacement assistance, passport and travel
  633  document replacement assistance, lost luggage assistance,
  634  concierge services, and any other service that is furnished in
  635  connection with planned travel. Travel assistance services are
  636  not insurance and are not related to insurance.
  637         (11)“Travel insurance” means insurance coverage for
  638  personal risks incidental to planned travel, including:
  639         (a)Interruption or cancellation of trip or event;
  640         (b)Loss of baggage or personal effects;
  641         (c)Damages to accommodations or rental vehicles;
  642         (d)Sickness, accident, disability, or death occurring
  643  during travel;
  644         (e)Emergency evacuation;
  645         (f)Repatriation of remains; or
  646         (g)Any other contractual obligations to indemnify or pay a
  647  specified amount to the traveler upon determinable contingencies
  648  related to travel, as determined by the office.
  650  The term does not include major medical plans that provide
  651  comprehensive medical protection for travelers with trips
  652  lasting longer than 6 months, including major medical plans for
  653  those working or residing overseas as expatriates, or any other
  654  product that requires a specific insurance producer license.
  655         (12)“Travel protection plan” means a plan that provides
  656  one or more of the following: travel insurance, travel
  657  assistance services, and cancellation fee waivers.
  658         Section 17. Section 647.03, Florida Statutes, is created to
  659  read:
  660         647.03 Premium tax.—
  661         (1)As used in this section, the term:
  662         (a)“Primary certificateholder” means an individual who
  663  purchases travel insurance under a group policy.
  664         (b)“Primary policyholder” means an individual who
  665  purchases individual travel insurance.
  666         (2)A travel insurer shall pay the premium tax, as required
  667  under s. 624.509, on travel insurance premiums paid by any of
  668  the following:
  669         (a)A primary policyholder who is a resident of this state.
  670         (b)A primary certificateholder who is a resident of this
  671  state.
  672         (c)A blanket travel insurance policyholder:
  673         1.Who is a resident in this state;
  674         2.Who has his or her principal place of business in this
  675  state; or
  676         3.Whose affiliate or subsidiary who has purchased blanket
  677  travel insurance for eligible blanket group members has his or
  678  her principal place of business in this state.
  680  The premium tax under this subsection is subject to any
  681  apportionment rules that apply to an insurer across multiple
  682  taxing jurisdictions or that authorize an insurer to allocate
  683  premium on an apportioned basis in a reasonable and equitable
  684  manner in those jurisdictions.
  685         (3)A travel insurer shall:
  686         (a)Document the state of residence or principal place of
  687  business of the policyholder or certificateholder, or an
  688  affiliate or subsidiary thereof, as required under subsection
  689  (2).
  690         (b)Report as premium only the amount allocable to travel
  691  insurance and not any amounts received for travel assistance
  692  services or cancellation fee waivers.
  693         Section 18. Section 647.04, Florida Statutes, is created to
  694  read:
  695         647.04 Travel protection plans.—A travel protection plan
  696  may be offered for one price for the combined features that the
  697  travel protection plan offers in this state if the travel
  698  protection plan meets all of the following requirements:
  699         (1)The travel protection plan clearly discloses to the
  700  consumer, at or before the time of purchase, that it includes
  701  travel insurance, travel assistance services, and cancellation
  702  fee waivers, as applicable, and provides information and an
  703  opportunity, at or before the time of purchase, for the consumer
  704  to obtain additional information regarding the features and
  705  pricing of each.
  706         (2)The fulfillment materials:
  707         (a)Describe and delineate the travel insurance, travel
  708  assistance services, and cancellation fee waivers in the travel
  709  protection plan.
  710         (b)Include the travel insurance disclosures required in
  711  this chapter, the contact information for persons providing
  712  travel assistance services, and cancellation fee waivers, as
  713  applicable.
  714         Section 19. Section 647.05, Florida Statutes, is created to
  715  read:
  716         647.05 Sales practices.—
  717         (1)(a)All documents provided to a consumer before the
  718  purchase of travel insurance, including, but not limited to,
  719  sales materials, advertising materials, and marketing materials,
  720  must be consistent with the travel insurance policy, including,
  721  but not limited to, forms, endorsements, policies, rate filings,
  722  and certificates of insurance.
  723         (b)For travel insurance policies or certificates that
  724  contain preexisting condition exclusions, information and an
  725  opportunity to learn more about the preexisting condition
  726  exclusions must be provided any time before the purchase.
  727  Information on the exclusions and the opportunity to learn more
  728  about these exclusions must be included in the coverage’s
  729  fulfillment materials.
  730         (c)The fulfillment materials and the information described
  731  in s. 626.321(1)(c)3.a. must be provided to a policyholder or
  732  certificateholder as soon as practicable after the purchase of a
  733  travel protection plan. Unless the insured has started a covered
  734  trip or filed a claim under the travel insurance coverage, the
  735  policyholder or certificateholder may cancel a policy or
  736  certificate for a full refund of the travel protection plan
  737  price from the date of purchase of a travel protection plan
  738  until at least:
  739         1.Fifteen days after the date of delivery of the travel
  740  protection plan’s fulfillment materials by postal mail; or
  741         2.Ten days after the date of delivery of the travel
  742  protection plan’s fulfillment materials by means other than
  743  postal mail.
  745  For the purposes of this paragraph, the term “delivery” means
  746  handing fulfillment materials to the policyholder or
  747  certificateholder or sending fulfillment materials by postal
  748  mail or electronic means to the policyholder or
  749  certificateholder.
  750         (d)An insurer shall disclose in the policy documentation
  751  and fulfillment materials whether the travel insurance is
  752  primary or secondary to other applicable coverage.
  753         (e)If travel insurance is marketed directly to a consumer
  754  through an insurer’s website or by others through an aggregator
  755  site, it is not an unfair trade practice or other violation of
  756  law if the following requirements are met:
  757         1.The web page provides an accurate summary or short
  758  description of the coverage.
  759         2.The consumer has access to the full provisions of the
  760  policy through electronic means.
  761         (2)A person offering, soliciting, or negotiating travel
  762  insurance or travel protection plans on an individual or group
  763  basis may not do so by using a negative or opt-out option that
  764  would require a consumer to take an affirmative action to
  765  deselect coverage, such as unchecking a box on an electronic
  766  form, when the consumer purchases a trip.
  767         (3)If a consumer’s destination jurisdiction requires
  768  insurance coverage, it is not an unfair trade practice to
  769  require that the consumer choose between the following options
  770  as a condition of purchasing a trip or travel package:
  771         (a)Purchasing the coverage required by the destination
  772  jurisdiction through the travel retailer, as defined s.
  773  626.321(1)(c)2., or limited lines travel insurance producer
  774  supplying the trip or travel package; or
  775         (b)Agreeing to obtain and provide proof of coverage that
  776  meets the destination jurisdiction’s requirements before
  777  departure.
  778         (4)(a)A person offering travel insurance to residents of
  779  this state is subject to part IX of chapter 626, the Unfair
  780  Insurance Trade Practices Act, except as otherwise provided in
  781  this chapter. If a conflict arises between this chapter and the
  782  Unfair Insurance Trade Practices Act regarding the sale and
  783  marketing of travel insurance and travel protection plans, the
  784  provisions of this chapter shall control.
  785         (b)A person commits an unfair insurance trade practice
  786  under the Unfair Insurance Trade Practices Act if the person:
  787         1.Offers or sells a travel insurance policy that could
  788  never result in payment of any claims for any insured under the
  789  policy; or
  790         2.Markets blanket travel insurance coverage as free.
  791         Section 20. Section 647.06, Florida Statutes, is created to
  792  read:
  793         647.06 Travel administrators.—
  794         (1)Notwithstanding any other provision of the Florida
  795  Insurance Code, a person may not act or represent himself or
  796  herself as a travel administrator in this state unless the
  797  person:
  798         (a)Is a licensed and appointed property and casualty
  799  insurance producer in this state for activities authorized under
  800  that producer license;
  801         (b)Is a licensed insurance agency, appointed as a managing
  802  general agent in this state; or
  803         (c)Holds a valid third-party administrator license in this
  804  state.
  805         (2)A travel administrator and its employees are exempt
  806  from the licensing requirements of part VI of chapter 626 for
  807  the travel insurance it administers.
  808         (3)An insurer is responsible for ensuring that a travel
  809  administrator administering travel insurance underwritten by the
  810  insurer:
  811         (a)Acts in accordance with this chapter.
  812         (b)Maintains all books and records that are relevant to
  813  the insurer and makes these books and records available to the
  814  department upon request.
  815         Section 21. Section 647.07, Florida Statutes, is created to
  816  read:
  817         647.07 Travel insurance policy.—
  818         (1)Notwithstanding any other provision of the Florida
  819  Insurance Code, travel insurance shall be classified and filed
  820  for purposes of rates and forms under the inland marine line of
  821  insurance; however, travel insurance that provides coverage for
  822  sickness, accident, disability, or death occurring during
  823  travel, either exclusively or in conjunction with related
  824  coverages of emergency evacuation or repatriation of remains, or
  825  incidental limited property and casualty benefits, such as
  826  baggage or trip cancellation, may be classified and filed for
  827  purposes of rates and forms under either the accident and health
  828  line of insurance or the inland marine line of insurance.
  829         (2)Travel insurance may be in the form of an individual,
  830  group, or blanket policy. Group or blanket policies are
  831  classified as commercial inland marine insurance under s.
  832  627.021(2)(d). Travel insurance policies not issued to a
  833  commercial entity and primarily used for personal, family, or
  834  household purposes are considered personal inland marine
  835  insurance and shall not be subject to s. 627.062. Sections of
  836  policies or endorsements for travel insurance which are
  837  considered personal inland marine insurance consisting of travel
  838  assistance services or cancellation fee waivers are not subject
  839  to s. 627.410.
  840         (3)Travel insurance programs may be developed and provided
  841  based on travel protection plans designed for individual or
  842  identified marketing or distribution channels.
  843         Section 22. Section 647.08, Florida Statutes, is created to
  844  read:
  845         647.08 Rulemaking authority.—The department shall adopt
  846  rules to administer this chapter.
  847         Section 23. Except as otherwise expressly provided in this
  848  act and except for this section, which shall take effect upon
  849  this act becoming a law, this act shall take effect July 1,
  850  2020.
  852  ================= T I T L E  A M E N D M E N T ================
  853  And the title is amended as follows:
  854         Delete everything before the enacting clause
  855  and insert:
  856                        A bill to be entitled                      
  857         An act relating to insurance administration; amending
  858         s. 319.30, F.S.; revising a certain electronic
  859         signature requirement for a motor vehicle salvage
  860         certificate of title; amending ss. 440.12 and 440.20,
  861         F.S.; authorizing the payment of certain workers’
  862         compensation benefits to be transmitted to the
  863         employee’s account with a licensed money transmitter;
  864         amending s. 624.155, F.S.; revising requirements and
  865         procedures for the civil remedy notice provided to
  866         insurers and the Department of Financial Services;
  867         revising the timeframe for an insurer to pay damages
  868         or for certain circumstances to be corrected; revising
  869         circumstances that toll the applicable statute of
  870         limitations and the period the statute of limitations
  871         is tolled; amending ss. 624.307 and 624.315, F.S.;
  872         providing that certain aggregate information
  873         containing trade secret information may be publicly
  874         disclosed by the department or the Office of Insurance
  875         Regulation, except under certain circumstances;
  876         amending s. 624.422, F.S., requiring insurers to file
  877         with the department certain contact information for
  878         service of process; amending s. 626.321, F.S.;
  879         providing that certain travel insurance licenses are
  880         subject to review by the department rather than by the
  881         office; revising persons who may be licensed to
  882         transact in travel insurance; specifying licensure and
  883         registration requirements for certain persons;
  884         defining the term “travel retailer”; specifying
  885         requirements for, restrictions on, and authorized acts
  886         by travel retailers and limited lines travel insurance
  887         producers; defining the term “offer and disseminate”;
  888         authorizing certain persons to sell, solicit, and
  889         negotiate travel insurance; amending ss. 627.062,
  890         627.0651, and 627.410, F.S.; specifying that certain
  891         periods ending on a weekend or on certain holidays are
  892         extended until the conclusion of the next business
  893         day; amending s. 627.714, F.S.; revising criteria for
  894         assessing a residential condominium unit owner’s loss
  895         assessment coverage; amending s. 627.7295, F.S.;
  896         decreasing the timeframe during which an insurer may
  897         not cancel a new policy or binder of motor vehicle
  898         insurance for nonpayment of premium, except under
  899         certain circumstances; creating ch. 647, F.S.,
  900         entitled “Travel Insurance”; creating s. 647.01, F.S.;
  901         providing legislative purpose; providing
  902         applicability; creating s. 647.02, F.S.; defining
  903         terms; creating s. 647.03, F.S.; defining the terms
  904         “primary certificateholder” and “primary
  905         policyholder”; requiring travel insurers to pay the
  906         insurance premium tax on specified travel insurance
  907         premiums; providing construction; specifying
  908         requirements for travel insurers; creating s. 647.04,
  909         F.S.; providing that a travel protection plan may be
  910         offered for one price if it meets specified
  911         requirements; creating s. 647.05, F.S.; specifying
  912         sales practice requirements, prohibited sales
  913         practices, and authorized sales practices relating to
  914         travel insurance; specifying a policyholder or
  915         certificateholder’s right to cancel a travel
  916         protection plan for a full refund; defining the term
  917         “delivery”; specifying unfair insurance trade
  918         practices; providing construction; creating s. 647.06,
  919         F.S.; specifying qualifications for travel
  920         administrators; providing an exemption from certain
  921         licensure; providing that insurers are responsible for
  922         ensuring certain acts by travel administrators;
  923         creating s. 647.07, F.S.; specifying the
  924         classification for travel insurance for rate filing
  925         purposes; specifying authorized forms of travel
  926         insurance; providing applicability of certain
  927         provisions of the Rating Law; authorizing the
  928         development and provision of travel insurance programs
  929         on certain bases; creating s. 647.08, F.S.; requiring
  930         the department to adopt rules; providing effective
  931         dates.