2020 Legislature                           CS for CS for SB 1606
    2         An act relating to insurance administration; amending
    3         s. 319.30, F.S.; revising a certain electronic
    4         signature requirement for a motor vehicle salvage
    5         certificate of title; amending ss. 440.12 and 440.20,
    6         F.S.; authorizing the payment of certain workers’
    7         compensation benefits to be transmitted to the
    8         employee’s account with a licensed money transmitter;
    9         amending s. 624.155, F.S.; revising requirements and
   10         procedures for the civil remedy notice provided to
   11         insurers and the Department of Financial Services;
   12         revising the timeframe for an insurer to pay damages
   13         or for certain circumstances to be corrected; revising
   14         circumstances that toll the applicable statute of
   15         limitations and the period the statute of limitations
   16         is tolled; amending ss. 624.307 and 624.315, F.S.;
   17         providing that certain aggregate information
   18         containing trade secret information may be publicly
   19         disclosed by the department or the Office of Insurance
   20         Regulation, except under certain circumstances;
   21         amending s. 624.422, F.S., requiring insurers to file
   22         with the department certain contact information for
   23         service of process; amending s. 626.321, F.S.;
   24         providing that certain travel insurance licenses are
   25         subject to review by the department rather than by the
   26         office; revising persons who may be licensed to
   27         transact in travel insurance; specifying licensure and
   28         registration requirements for certain persons;
   29         defining the term “travel retailer”; specifying
   30         requirements for, restrictions on, and authorized acts
   31         by travel retailers and limited lines travel insurance
   32         producers; defining the term “offer and disseminate”;
   33         authorizing certain persons to sell, solicit, and
   34         negotiate travel insurance; amending ss. 627.062,
   35         627.0651, and 627.410, F.S.; specifying that certain
   36         periods ending on a weekend or on certain holidays are
   37         extended until the conclusion of the next business
   38         day; amending s. 627.714, F.S.; revising criteria for
   39         assessing a residential condominium unit owner’s loss
   40         assessment coverage; amending s. 627.7295, F.S.;
   41         decreasing the timeframe during which an insurer may
   42         not cancel a new policy or binder of motor vehicle
   43         insurance for nonpayment of premium, except under
   44         certain circumstances; creating ch. 647, F.S.,
   45         entitled “Travel Insurance”; creating s. 647.01, F.S.;
   46         providing legislative purpose; providing
   47         applicability; creating s. 647.02, F.S.; defining
   48         terms; creating s. 647.03, F.S.; defining the terms
   49         “primary certificateholder” and “primary
   50         policyholder”; requiring travel insurers to pay the
   51         insurance premium tax on specified travel insurance
   52         premiums; providing construction; specifying
   53         requirements for travel insurers; creating s. 647.04,
   54         F.S.; providing that a travel protection plan may be
   55         offered for one price if it meets specified
   56         requirements; creating s. 647.05, F.S.; specifying
   57         sales practice requirements, prohibited sales
   58         practices, and authorized sales practices relating to
   59         travel insurance; specifying a policyholder’s or
   60         certificateholder’s right to cancel a travel
   61         protection plan for a full refund; defining the term
   62         “delivery”; specifying unfair insurance trade
   63         practices; providing construction; creating s. 647.06,
   64         F.S.; specifying qualifications for travel
   65         administrators; providing an exemption from certain
   66         licensure; providing that insurers are responsible for
   67         ensuring certain acts by travel administrators;
   68         creating s. 647.07, F.S.; specifying the
   69         classification for travel insurance for rate filing
   70         purposes; specifying authorized forms of travel
   71         insurance; providing applicability of certain
   72         provisions of the Rating Law; authorizing the
   73         development and provision of travel insurance programs
   74         on certain bases; creating s. 647.08, F.S.; requiring
   75         the department to adopt rules; providing effective
   76         dates.
   78  Be It Enacted by the Legislature of the State of Florida:
   80         Section 1. Effective upon this act becoming a law,
   81  paragraph (d) of subsection (3) of section 319.30, Florida
   82  Statutes, is amended to read:
   83         319.30 Definitions; dismantling, destruction, change of
   84  identity of motor vehicle or mobile home; salvage.—
   85         (3)
   86         (d) An electronic signature that is consistent with chapter
   87  668 satisfies any signature required under this subsection,
   88  except that an electronic signature on an odometer disclosure
   89  submitted through an insurance company must be executed using an
   90  electronic signature, as defined in s. 668.003(4), which that
   91  uses a system providing an Identity Assurance Level,
   92  Authenticator Assurance Level, and Federation Assurance Level,
   93  as described in the National Institute of Standards and
   94  Technology Special Publication 800-63-3, as of December 1, 2017,
   95  which that are equivalent to or greater than:
   96         1. Level 2, for each level, for a certificate of
   97  destruction or.
   98         2. Level 3, for each level, for a salvage certificate of
   99  title.
  100         Section 2. Paragraph (a) of subsection (1) of section
  101  440.12, Florida Statutes, is amended to read:
  102         440.12 Time for commencement and limits on weekly rate of
  103  compensation.—
  104         (1) Compensation is not allowed for the first 7 days of the
  105  disability, except for benefits provided under s. 440.13.
  106  However, if the injury results in more than 21 days of
  107  disability, compensation is allowed from the commencement of the
  108  disability.
  109         (a) All weekly compensation payments, except for the first
  110  payment, must be paid by check or, if authorized by the
  111  employee, paid on a prepaid card pursuant to paragraph (b), or
  112  deposited directly into the employee’s account at a financial
  113  institution as defined in s. 655.005, or transmitted to the
  114  employee’s account with a money transmitter licensed under part
  115  II of chapter 560.
  116         Section 3. Paragraph (a) of subsection (1) and paragraph
  117  (a) of subsection (6) of section 440.20, Florida Statutes, are
  118  amended to read:
  119         440.20 Time for payment of compensation and medical bills;
  120  penalties for late payment.—
  121         (1)(a) Unless the carrier denies compensability or
  122  entitlement to benefits, the carrier shall pay compensation
  123  directly to the employee as required by ss. 440.14, 440.15, and
  124  440.16, in accordance with those sections. Upon receipt of the
  125  employee’s authorization as provided for in s. 440.12(1)(a), the
  126  carrier’s obligation to pay compensation directly to the
  127  employee is satisfied when the carrier directly deposits, by
  128  electronic transfer or other means, compensation into the
  129  employee’s account at a financial institution as defined in s.
  130  655.005 or onto a prepaid card in accordance with s. 440.12(1)
  131  or transmits the employee’s compensation to the employee’s
  132  account with a money transmitter licensed under part II of
  133  chapter 560. Compensation by direct deposit, or through the use
  134  of a prepaid card, or through transmission is considered paid on
  135  the date the funds become available for withdrawal by the
  136  employee.
  137         (6)(a) If any installment of compensation for death or
  138  dependency benefits, or compensation for disability benefits
  139  payable without an award is not paid within 7 days after it
  140  becomes due, as provided in subsection (2), subsection (3), or
  141  subsection (4), there shall be added to such unpaid installment
  142  a penalty of an amount equal to 20 percent of the unpaid
  143  installment, which shall be paid at the same time as, but in
  144  addition to, such installment of compensation. This penalty
  145  shall not apply for late payments resulting from conditions over
  146  which the employer or carrier had no control. When any
  147  installment of compensation payable without an award has not
  148  been paid within 7 days after it became due and the claimant
  149  concludes the prosecution of the claim before a judge of
  150  compensation claims without having specifically claimed
  151  additional compensation in the nature of a penalty under this
  152  section, the claimant will be deemed to have acknowledged that,
  153  owing to conditions over which the employer or carrier had no
  154  control, such installment could not be paid within the period
  155  prescribed for payment and to have waived the right to claim
  156  such penalty. However, during the course of a hearing, the judge
  157  of compensation claims shall on her or his own motion raise the
  158  question of whether such penalty should be awarded or excused.
  159  The department may assess without a hearing the penalty against
  160  either the employer or the carrier, depending upon who was at
  161  fault in causing the delay. The insurance policy cannot provide
  162  that this sum will be paid by the carrier if the department or
  163  the judge of compensation claims determines that the penalty
  164  should be paid by the employer rather than the carrier. Any
  165  additional installment of compensation paid by the carrier
  166  pursuant to this section shall be paid directly to the employee
  167  by check or, if authorized by the employee, by direct deposit
  168  into the employee’s account at a financial institution or by
  169  transmission to the employee’s account with a money transmitter
  170  licensed under part II of chapter 560.
  171         Section 4. Subsection (3) of section 624.155, Florida
  172  Statutes, is amended to read:
  173         624.155 Civil remedy.—
  174         (3)(a) As a condition precedent to bringing an action under
  175  this section, the department and the authorized insurer must
  176  have been given 60 days’ written notice of the violation. Notice
  177  to the authorized insurer must be provided by the department to
  178  the e-mail address designated by the insurer under s. 624.422.
  179         (b) The notice shall be on a form provided by the
  180  department and shall state with specificity the following
  181  information, and such other information as the department may
  182  require:
  183         1. The statutory provision, including the specific language
  184  of the statute, which the authorized insurer allegedly violated.
  185         2. The facts and circumstances giving rise to the
  186  violation.
  187         3. The name of any individual involved in the violation.
  188         4. Reference to specific policy language that is relevant
  189  to the violation, if any. If the person bringing the civil
  190  action is a third party claimant, she or he shall not be
  191  required to reference the specific policy language if the
  192  authorized insurer has not provided a copy of the policy to the
  193  third party claimant pursuant to written request.
  194         5. A statement that the notice is given in order to perfect
  195  the right to pursue the civil remedy authorized by this section.
  196         (c) No action shall lie if, within 60 days after the
  197  insurer receives filing notice from the department in accordance
  198  with this subsection, the damages are paid or the circumstances
  199  giving rise to the violation are corrected.
  200         (d) The authorized insurer that is the recipient of a
  201  notice filed pursuant to this section shall report to the
  202  department on the disposition of the alleged violation.
  203         (e) The applicable statute of limitations for an action
  204  under this section shall be tolled for a period of:
  205         1.Sixty 65 days after the insurer receives from the
  206  department by the mailing of the notice required by this
  207  subsection.
  208         2.Sixty days after the date appraisal is invoked pursuant
  209  to paragraph (f) or the mailing of a subsequent notice required
  210  by this subsection.
  211         (f) A notice required under this subsection may not be
  212  filed within 60 days after appraisal is invoked by any party in
  213  a residential property insurance claim.
  214         Section 5. Subsection (4) of section 624.307, Florida
  215  Statutes, is amended to read:
  216         624.307 General powers; duties.—
  217         (4) The department and office may each collect, propose,
  218  publish, and disseminate information relating to the subject
  219  matter of any duties imposed upon it by law. Aggregate
  220  information may include information asserted as trade secret
  221  information unless the trade secret information can be
  222  individually extrapolated, in which case the trade secret
  223  information remains protected as provided under s. 624.4213.
  224         Section 6. Subsection (4) is added to section 624.315,
  225  Florida Statutes, to read:
  226         624.315 Department; annual report.—
  227         (4)When aggregate information includes information
  228  asserted as trade secret information, the office may include the
  229  trade secret information in the report required under subsection
  230  (1) or may make the trade secret information available under
  231  subsection (2) unless the trade secret information can be
  232  individually extrapolated, in which case the trade secret
  233  information remains protected as provided under s. 624.4213.
  234         Section 7. Subsection (2) of section 624.422, Florida
  235  Statutes, is amended to read:
  236         624.422 Service of process; appointment of Chief Financial
  237  Officer as process agent.—
  238         (2) Prior to its authorization to transact insurance in
  239  this state, each insurer shall file with the department
  240  designation of the name and address of the person to whom
  241  process against it served upon the Chief Financial Officer is to
  242  be forwarded. Each insurer shall also file with the department
  243  designation of the name and e-mail address of the person to whom
  244  the department shall forward civil remedy notices filed under
  245  624.155. The insurer may change a the designation at any time by
  246  a new filing.
  247         Section 8. Paragraph (c) of subsection (1) of section
  248  626.321, Florida Statutes, is amended to read:
  249         626.321 Limited licenses and registration.—
  250         (1) The department shall issue to a qualified applicant a
  251  license as agent authorized to transact a limited class of
  252  business in any of the following categories of limited lines
  253  insurance:
  254         (c) Travel insurance.—License covering only policies and
  255  certificates of travel insurance which are subject to review by
  256  the office. Policies and certificates of travel insurance may
  257  provide coverage for travel insurance, as defined in s. 647.02
  258  risks incidental to travel, planned travel, or accommodations
  259  while traveling, including, but not limited to, accidental death
  260  and dismemberment of a traveler; trip or event cancellation,
  261  interruption, or delay; loss of or damage to personal effects or
  262  travel documents; damages to travel accommodations; baggage
  263  delay; emergency medical travel or evacuation of a traveler; or
  264  medical, surgical, and hospital expenses related to an illness
  265  or emergency of a traveler. Such policy or certificate may be
  266  issued for terms longer than 90 days, but, other than a policy
  267  or certificate providing coverage for air ambulatory services
  268  only, each policy or certificate must be limited to coverage for
  269  travel or use of accommodations of no longer than 90 days. The
  270  license may be issued only to an individual or business entity
  271  that has filed with the department an application for a license
  272  in a form and manner prescribed by the department.
  273         1.A limited lines travel insurance producer, as defined in
  274  s. 647.02, shall be licensed to sell, solicit, or negotiate
  275  travel insurance through a licensed insurer.
  276         2.A person may not act as a limited lines travel insurance
  277  producer or travel retailer unless properly licensed or
  278  registered, respectively. As used in this paragraph, the term
  279  “travel retailer” means a business entity that:
  280         a.Makes, arranges, or offers planned travel.
  281         b.May, under subparagraph 3., offer and disseminate travel
  282  insurance as a service to its customers on behalf of and under
  283  the direction of a limited lines travel insurance producer.
  284         3.A travel retailer may offer and disseminate travel
  285  insurance under a limited lines travel insurance producer
  286  business entity license only if all of the following
  287  requirements are met:
  288         a.The limited lines travel insurance producer or travel
  289  retailer provides to purchasers of travel insurance:
  290         (I)A description of the material terms or the actual
  291  material terms of the insurance coverage.
  292         (II)A description of the process for filing a claim.
  293         (III)A description of the review or cancellation process
  294  for the travel insurance policy.
  295         (IV)The identity and contact information of the insurer
  296  and limited lines travel insurance producer.
  297         b.At the time of licensure, the limited lines travel
  298  insurance producer establishes and maintains a register on the
  299  department’s website and appoints each travel retailer that
  300  offers travel insurance on behalf of the limited lines travel
  301  insurance producer. The limited lines travel insurance producer
  302  must maintain and update the register, which must include the
  303  travel retailer’s federal tax identification number and the
  304  name, address, and contact information of the travel retailer
  305  and an officer or person who directs or controls the travel
  306  retailer’s operations. The limited lines travel insurance
  307  producer shall submit the register to the department upon
  308  reasonable request. The limited lines travel insurance producer
  309  shall also certify that the travel retailer register complies
  310  with 18 U.S.C. s. 1033. The grounds for the suspension and
  311  revocation and the penalties applicable to resident insurance
  312  producers under this section apply to the limited lines travel
  313  insurance producers and travel retailers.
  314         c.The limited lines travel insurance producer has
  315  designated one of its employees as the designated responsible
  316  producer. The designated responsible producer, who must be a
  317  licensed insurance producer, is responsible for compliance with
  318  the travel insurance laws and regulations applicable to the
  319  limited lines travel insurance producer and its registrants. The
  320  designated responsible producer and the president, secretary,
  321  treasurer, and any other officer or person who directs or
  322  controls the limited lines travel insurance producer’s insurance
  323  operations must comply with the fingerprinting requirements
  324  applicable to insurance producers in the resident state of the
  325  limited lines travel insurance producer.
  326         d.The limited lines travel insurance producer has paid all
  327  applicable licensing and appointment fees, as set forth in
  328  applicable general law.
  329         e.The limited lines travel insurance producer requires
  330  each employee and each authorized representative of the travel
  331  retailer whose duties include offering and disseminating travel
  332  insurance to receive a program of instruction or training, which
  333  is subject, at the discretion of the department, to review and
  334  approval. The training material must, at a minimum, contain
  335  adequate instructions on the types of insurance offered, ethical
  336  sales practices, and required disclosures to prospective
  337  purchasers.
  339  As used in this paragraph, the term “offer and disseminate”
  340  means to provide general information, including a description of
  341  the coverage and price, as well as processing the application
  342  and collecting premiums.
  343         4.A travel retailer offering or disseminating travel
  344  insurance shall make available to prospective purchasers
  345  brochures or other written materials that have been approved by
  346  the travel insurer. Such materials must include information
  347  that, at a minimum:
  348         a.Provides the identity and contact information of the
  349  insurer and the limited lines travel insurance producer.
  350         b.Explains that the purchase of travel insurance is not
  351  required in order to purchase any other product or service from
  352  the travel retailer.
  353         c.Explains that a travel retailer is authorized to provide
  354  only general information about the insurance offered by the
  355  travel retailer, including a description of the coverage and
  356  price, but is not qualified or authorized to answer technical
  357  questions about the terms and conditions of the insurance
  358  offered by the travel retailer or to evaluate the adequacy of
  359  the customer’s existing insurance coverage.
  360         5.A travel retailer employee or authorized representative
  361  who is not licensed as an insurance producer may not:
  362         a.Evaluate or interpret the technical terms, benefits, and
  363  conditions of the offered travel insurance coverage;
  364         b.Evaluate or provide advice concerning a prospective
  365  purchaser’s existing insurance coverage; or
  366         c.Hold himself or herself or the travel retailer out as a
  367  licensed insurer, licensed producer, or insurance expert.
  369  Notwithstanding any other law, a travel retailer whose
  370  insurance-related activities, and those of its employees and
  371  authorized representatives, are limited to offering and
  372  disseminating travel insurance on behalf of and under the
  373  direction of a limited lines travel insurance producer meeting
  374  the conditions in this section may receive related compensation
  375  upon registration by the limited lines travel insurance producer
  376  as described in paragraph (2)(b).
  377         6.As the insurer’s designee, the limited lines travel
  378  insurance producer is responsible for the acts of the travel
  379  retailer and shall use reasonable means to ensure compliance by
  380  the travel retailer with this section.
  381         7.Any person licensed as a general or personal lines agent
  382  may sell, solicit, and negotiate travel insurance.:
  383         1.To a full-time salaried employee of a common carrier or
  384  a full-time salaried employee or owner of a transportation
  385  ticket agency and may authorize the sale of such ticket policies
  386  only in connection with the sale of transportation tickets, or
  387  to the full-time salaried employee of such an agent. Such policy
  388  may not be for more than 48 hours or more than the duration of a
  389  specified one-way trip or round trip.
  390         2.To an entity or individual that is:
  391         a.The developer of a timeshare plan that is the subject of
  392  an approved public offering statement under chapter 721;
  393         b.An exchange company operating an exchange program
  394  approved under chapter 721;
  395         c.A managing entity operating a timeshare plan approved
  396  under chapter 721;
  397         d.A seller of travel as defined in chapter 559; or
  398         e.A subsidiary or affiliate of any of the entities
  399  described in sub-subparagraphs a.-d.
  400         3.To a full-time salaried employee of a licensed general
  401  lines agent or a business entity that offers travel planning
  402  services if insurance sales activities authorized by the license
  403  are in connection with, and incidental to, travel.
  404         a.A license issued to a business entity that offers travel
  405  planning services must encompass each office, branch office, or
  406  place of business making use of the entity’s business name in
  407  order to offer, solicit, and sell insurance pursuant to this
  408  paragraph.
  409         b.The application for licensure must list the name,
  410  address, and phone number for each office, branch office, or
  411  place of business that is to be covered by the license. The
  412  licensee shall notify the department of the name, address, and
  413  phone number of any new location that is to be covered by the
  414  license before the new office, branch office, or place of
  415  business engages in the sale of insurance pursuant to this
  416  paragraph. The licensee shall notify the department within 30
  417  days after the closing or terminating of an office, branch
  418  office, or place of business. Upon receipt of the notice, the
  419  department shall delete the office, branch office, or place of
  420  business from the license.
  421         c.A licensed and appointed entity is directly responsible
  422  and accountable for all acts of the licensee’s employees and
  423  parties with whom the licensee has entered into a contractual
  424  agreement to offer travel insurance.
  426  A licensee shall require each individual who offers policies or
  427  certificates under subparagraph 2. or subparagraph 3. to receive
  428  initial training from a general lines agent or an insurer
  429  authorized under chapter 624 to transact insurance within this
  430  state. For an entity applying for a license as a travel
  431  insurance agent, the fingerprinting requirement of this section
  432  applies only to the president, secretary, and treasurer and to
  433  any other officer or person who directs or controls the travel
  434  insurance operations of the entity.
  435         Section 9. Paragraph (a) of subsection (2) of section
  436  627.062, Florida Statutes, is amended to read:
  437         627.062 Rate standards.—
  438         (2) As to all such classes of insurance:
  439         (a) Insurers or rating organizations shall establish and
  440  use rates, rating schedules, or rating manuals that allow the
  441  insurer a reasonable rate of return on the classes of insurance
  442  written in this state. A copy of rates, rating schedules, rating
  443  manuals, premium credits or discount schedules, and surcharge
  444  schedules, and changes thereto, must be filed with the office
  445  under one of the following procedures:
  446         1. If the filing is made at least 90 days before the
  447  proposed effective date and is not implemented during the
  448  office’s review of the filing and any proceeding and judicial
  449  review, such filing is considered a “file and use” filing. In
  450  such case, the office shall finalize its review by issuance of a
  451  notice of intent to approve or a notice of intent to disapprove
  452  within 90 days after receipt of the filing. If the 90-day period
  453  ends on a weekend or a holiday under s. 110.117(1)(a)-(i), it
  454  must be extended until the conclusion of the next business day.
  455  The notice of intent to approve and the notice of intent to
  456  disapprove constitute agency action for purposes of the
  457  Administrative Procedure Act. Requests for supporting
  458  information, requests for mathematical or mechanical
  459  corrections, or notification to the insurer by the office of its
  460  preliminary findings does not toll the 90-day period during any
  461  such proceedings and subsequent judicial review. The rate shall
  462  be deemed approved if the office does not issue a notice of
  463  intent to approve or a notice of intent to disapprove within 90
  464  days after receipt of the filing.
  465         2. If the filing is not made in accordance with
  466  subparagraph 1., such filing must be made as soon as
  467  practicable, but within 30 days after the effective date, and is
  468  considered a “use and file” filing. An insurer making a “use and
  469  file” filing is potentially subject to an order by the office to
  470  return to policyholders those portions of rates found to be
  471  excessive, as provided in paragraph (h).
  472         3. For all property insurance filings made or submitted
  473  after January 25, 2007, but before May 1, 2012, an insurer
  474  seeking a rate that is greater than the rate most recently
  475  approved by the office shall make a “file and use” filing. For
  476  purposes of this subparagraph, motor vehicle collision and
  477  comprehensive coverages are not considered property coverages.
  479  The provisions of this subsection do not apply to workers’
  480  compensation, employer’s liability insurance, and motor vehicle
  481  insurance.
  482         Section 10. Paragraph (a) of subsection (1) of section
  483  627.0651, Florida Statutes, is amended to read:
  484         627.0651 Making and use of rates for motor vehicle
  485  insurance.—
  486         (1) Insurers shall establish and use rates, rating
  487  schedules, or rating manuals to allow the insurer a reasonable
  488  rate of return on motor vehicle insurance written in this state.
  489  A copy of rates, rating schedules, and rating manuals, and
  490  changes therein, shall be filed with the office under one of the
  491  following procedures:
  492         (a) If the filing is made at least 60 days before the
  493  proposed effective date and the filing is not implemented during
  494  the office’s review of the filing and any proceeding and
  495  judicial review, such filing shall be considered a “file and
  496  use” filing. In such case, the office shall initiate proceedings
  497  to disapprove the rate and so notify the insurer or shall
  498  finalize its review within 60 days after receipt of the filing.
  499  If the 60-day period ends on a weekend or a holiday under s.
  500  110.117(1)(a)-(i), it must be extended until the conclusion of
  501  the next business day. Notification to the insurer by the office
  502  of its preliminary findings shall toll the 60-day period during
  503  any such proceedings and subsequent judicial review. The rate
  504  shall be deemed approved if the office does not issue notice to
  505  the insurer of its preliminary findings within 60 days after the
  506  filing.
  507         Section 11. Subsection (2) of section 627.410, Florida
  508  Statutes, is amended to read:
  509         627.410 Filing, approval of forms.—
  510         (2) Every such filing must be made at least 30 days in
  511  advance of any such use or delivery. At the expiration of the 30
  512  days, the form filed will be deemed approved unless prior
  513  thereto it has been affirmatively approved or disapproved by
  514  order of the office. The approval of such form by the office
  515  constitutes a waiver of any unexpired portion of such waiting
  516  period. The office may extend the period within which it may
  517  affirmatively approve or disapprove such form by up to 15 days
  518  by giving notice of such extension before expiration of the
  519  initial 30-day period. If the initial 30-day period or the 15
  520  day extension period ends on a weekend or a holiday under s.
  521  110.117(1)(a)-(i), the review period must be extended until the
  522  conclusion of the next business day. At the expiration of such
  523  extended period, and in the absence of prior affirmative
  524  approval or disapproval, such form shall be deemed approved.
  525         Section 12. Subsection (2) of section 627.714, Florida
  526  Statutes, is amended to read:
  527         627.714 Residential condominium unit owner coverage; loss
  528  assessment coverage required.—
  529         (2) The maximum amount of any unit owner’s loss assessment
  530  coverage that can be assessed for any loss shall be an amount
  531  equal to that unit owner’s loss assessment coverage limit in
  532  effect 1 day before the date of the occurrence that gave rise to
  533  the loss. Such coverage is applicable to any loss assessment
  534  regardless of the date of the assessment by the association. Any
  535  changes to the limits of a unit owner’s coverage for loss
  536  assessments made on or after the day before the date of the
  537  occurrence are not applicable to such loss.
  538         Section 13. Subsection (4) of section 627.7295, Florida
  539  Statutes, is amended to read:
  540         627.7295 Motor vehicle insurance contracts.—
  541         (4) The insurer may cancel the policy in accordance with
  542  this code except that, notwithstanding s. 627.728, an insurer
  543  may not cancel a new policy or binder during the first 30 60
  544  days immediately following the effective date of the policy or
  545  binder for nonpayment of premium unless the reason for the
  546  cancellation is the issuance of a check for the premium that is
  547  dishonored for any reason or any other type of premium payment
  548  that was subsequently determined to be rejected or invalid.
  549         Section 14. The Division of Law Revision is directed to
  550  create chapter 647, Florida Statutes, consisting of ss. 647.01
  551  647.08, Florida Statutes, to be entitled “Travel Insurance.”
  552         Section 15. Section 647.01, Florida Statutes, is created to
  553  read:
  554         647.01 Purpose and scope.—
  555         (1)The purpose of this chapter is to promote the public
  556  welfare by creating a comprehensive legal framework within which
  557  travel insurance may be sold in this state.
  558         (2)This chapter applies to:
  559         (a)Travel insurance that covers any resident of this state
  560  and that is sold, solicited, negotiated, or offered in this
  561  state.
  562         (b)Policies and certificates that are delivered or issued
  563  for delivery in this state.
  565  This chapter does not apply to cancellation fee waivers or
  566  travel assistance services, except as expressly provided in this
  567  chapter.
  568         (3)All other applicable provisions of the insurance laws
  569  of this state continue to apply to travel insurance, except that
  570  the specific provisions of this chapter shall supersede any
  571  general provisions of law that would otherwise be applicable to
  572  travel insurance.
  573         Section 16. Section 647.02, Florida Statutes, is created to
  574  read:
  575         647.02 Definitions.—As used in this chapter, the term:
  576         (1)“Aggregator site” means a website that provides access
  577  to information regarding insurance products from more than one
  578  insurer, including product and insurer information, for use in
  579  comparison shopping.
  580         (2)“Blanket travel insurance” means a policy of travel
  581  insurance issued to an eligible group providing coverage to all
  582  members of the eligible group without a separate charge to
  583  individual members of the eligible group.
  584         (3)“Cancellation fee waiver” means a contractual agreement
  585  between a supplier of travel services and its customer to waive
  586  some or all of the nonrefundable cancellation fee provisions of
  587  the supplier’s underlying travel contract with or without regard
  588  to the reason for the cancellation or form of reimbursement. A
  589  cancellation fee waiver is not insurance.
  590         (4)“Department” means the Department of Financial
  591  Services.
  592         (5)“Eligible group,” solely for the purposes of travel
  593  insurance, means two or more persons who are engaged in a common
  594  enterprise or who have an economic, educational, or social
  595  affinity or relationship, including, but not limited to, any of
  596  the following:
  597         (a)An entity engaged in the business of providing travel
  598  or travel services, including, but not limited to:
  599         1.A tour operator, lodging provider, vacation property
  600  owner, hotel, resort, travel club, travel agency, property
  601  manager, and cultural exchange program.
  602         2.An operator, owner, or lessor of a means of
  603  transportation of passengers, including, but not limited to, a
  604  common carrier, airline, cruise line, railroad, steamship
  605  company, and public bus carrier.
  607  With regard to any particular travel or type of travel or
  608  travelers, all members or customers of the group must have a
  609  common exposure to risk attendant to such travel.
  610         (b)A university, college, school, or other institution of
  611  learning, covering students, teachers, employees, or volunteers.
  612         (c)An employer covering any group of employees,
  613  volunteers, contractors, board of directors, dependents, or
  614  guests.
  615         (d)A sports team or camp, or a sponsor thereof, covering
  616  participants, members, campers, employees, officials,
  617  supervisors, or volunteers.
  618         (e)A religious, charitable, recreational, educational, or
  619  civic organization, or a branch thereof, covering any group of
  620  members, participants, or volunteers.
  621         (f)A financial institution or financial institution
  622  vendor, or a parent holding company, trustee, or agent of or
  623  designated by one or more financial institutions or financial
  624  institution vendors, including account holders, credit card
  625  holders, debtors, guarantors, or purchasers.
  626         (g)An incorporated or unincorporated association,
  627  including a labor union, having a common interest and
  628  constitution and bylaws, which is organized and maintained in
  629  good faith for purposes other than obtaining insurance coverage
  630  for its members or participants.
  631         (h)A trust or the trustees of a fund that covers its
  632  members, employees, or customers and is established, created, or
  633  maintained for the benefit of its members, employees, or
  634  customers, subject to:
  635         1.The department’s authorizing the use of a trust.
  636         2.The premium tax provisions in s. 647.03 applicable to
  637  incorporated or unincorporated associations that have a common
  638  interest and constitution and bylaws and that are organized and
  639  maintained in good faith for purposes other than obtaining
  640  insurance coverage for their members, employees, or customers.
  641         (i)An entertainment production company covering any group
  642  of participants, volunteers, audience members, contestants, or
  643  workers.
  644         (j)A volunteer fire department, ambulance, rescue, police,
  645  court, first-aid, civil defense, or other such volunteer group.
  646         (k)A preschool, daycare institution for children or
  647  adults, or senior citizen club.
  648         (l)An automobile or truck rental or leasing company
  649  covering a group of individuals who may become renters, lessees,
  650  or passengers as defined by their travel status on the rented or
  651  leased vehicles. The common carrier, the operator, owner, or
  652  lessor of a means of transportation, or the motor vehicle or
  653  truck rental or leasing company is the policyholder under a
  654  policy to which this section applies.
  655         (m)Any other group for which the department has made the
  656  following determinations:
  657         1.The group members are engaged in a common enterprise or
  658  have an economic, educational, or social affinity or
  659  relationship.
  660         2.Issuance of the travel insurance policy is not contrary
  661  to the public interest.
  662         (6)“Fulfillment materials” means documentation sent to the
  663  purchaser of a travel protection plan confirming the purchase
  664  and providing the travel protection plan’s coverage and
  665  assistance details.
  666         (7)“Group travel insurance” means travel insurance issued
  667  to an eligible group.
  668         (8)“Limited lines travel insurance producer” means:
  669         (a)A licensed or third-party administrator;
  670         (b)A licensed insurance producer, including a limited
  671  lines producer; or
  672         (c)A travel administrator.
  673         (9)“Travel administrator” means a person who directly or
  674  indirectly underwrites policies for; collects charges,
  675  collateral, or premiums from; or adjusts or settles claims made
  676  by residents of this state in connection with travel insurance,
  677  except that a person is not considered a travel administrator if
  678  the person is:
  679         (a)A person working for a travel administrator, to the
  680  extent that the person’s activities are subject to the
  681  supervision and control of the travel administrator;
  682         (b)An insurance producer selling insurance or engaged in
  683  administrative and claims-related activities within the scope of
  684  the producer’s license;
  685         (c)A travel retailer, as defined s. 626.321(1)(c)2.,
  686  offering and disseminating travel insurance and registered under
  687  the license of a limited lines travel insurance producer in
  688  accordance with s. 626.321(1)(c);
  689         (d)A person adjusting or settling claims in the normal
  690  course of the person’s practice or employment as an attorney at
  691  law, without collecting charges or premiums in connection with
  692  insurance coverage; or
  693         (e)A business entity that is affiliated with a licensed
  694  insurer while acting as a travel administrator for the direct
  695  and assumed insurance business of the affiliated insurer.
  696         (10)“Travel assistance services” means noninsurance
  697  services for which the consumer is not indemnified based on a
  698  fortuitous event, and the provision of which does not result in
  699  the transfer or shifting of risk which would constitute the
  700  business of insurance. The term includes, but is not limited to,
  701  security advisories, destination information, vaccination and
  702  immunization information services, travel reservation services,
  703  entertainment, activity and event planning, translation
  704  assistance, emergency messaging, international legal and medical
  705  referrals, medical case monitoring, coordination of
  706  transportation arrangements, emergency cash transfer assistance,
  707  medical prescription replacement assistance, passport and travel
  708  document replacement assistance, lost luggage assistance,
  709  concierge services, and any other service that is furnished in
  710  connection with planned travel. Travel assistance services are
  711  not insurance and are not related to insurance.
  712         (11)“Travel insurance” means insurance coverage for
  713  personal risks incidental to planned travel, including:
  714         (a)Interruption or cancellation of trip or event;
  715         (b)Loss of baggage or personal effects;
  716         (c)Damages to accommodations or rental vehicles;
  717         (d)Sickness, accident, disability, or death occurring
  718  during travel;
  719         (e)Emergency evacuation;
  720         (f)Repatriation of remains; or
  721         (g)Any other contractual obligations to indemnify or pay a
  722  specified amount to the traveler upon determinable contingencies
  723  related to travel, as determined by the office.
  725  The term does not include major medical plans that provide
  726  comprehensive medical protection for travelers with trips
  727  lasting longer than 6 months, including major medical plans for
  728  those working or residing overseas as expatriates, or any other
  729  product that requires a specific insurance producer license.
  730         (12)“Travel protection plan” means a plan that provides
  731  one or more of the following: travel insurance, travel
  732  assistance services, and cancellation fee waivers.
  733         Section 17. Section 647.03, Florida Statutes, is created to
  734  read:
  735         647.03 Premium tax.—
  736         (1)As used in this section, the term:
  737         (a)“Primary certificateholder” means an individual who
  738  purchases travel insurance under a group policy.
  739         (b)“Primary policyholder” means an individual who
  740  purchases individual travel insurance.
  741         (2)A travel insurer shall pay the premium tax, as required
  742  under s. 624.509, on travel insurance premiums paid by any of
  743  the following:
  744         (a)A primary policyholder who is a resident of this state.
  745         (b)A primary certificateholder who is a resident of this
  746  state.
  747         (c)A blanket travel insurance policyholder:
  748         1.Who is a resident in this state;
  749         2.Who has his or her principal place of business in this
  750  state; or
  751         3.Whose affiliate or subsidiary who has purchased blanket
  752  travel insurance for eligible blanket group members has his or
  753  her principal place of business in this state.
  755  The premium tax under this subsection is subject to any
  756  apportionment rules that apply to an insurer across multiple
  757  taxing jurisdictions or that authorize an insurer to allocate
  758  premium on an apportioned basis in a reasonable and equitable
  759  manner in those jurisdictions.
  760         (3)A travel insurer shall:
  761         (a)Document the state of residence or principal place of
  762  business of the policyholder or certificateholder, or an
  763  affiliate or subsidiary thereof, as required under subsection
  764  (2).
  765         (b)Report as premium only the amount allocable to travel
  766  insurance and not any amounts received for travel assistance
  767  services or cancellation fee waivers.
  768         Section 18. Section 647.04, Florida Statutes, is created to
  769  read:
  770         647.04 Travel protection plans.—A travel protection plan
  771  may be offered for one price for the combined features that the
  772  travel protection plan offers in this state if the travel
  773  protection plan meets all of the following requirements:
  774         (1)The travel protection plan clearly discloses to the
  775  consumer, at or before the time of purchase, that it includes
  776  travel insurance, travel assistance services, and cancellation
  777  fee waivers, as applicable, and provides information and an
  778  opportunity, at or before the time of purchase, for the consumer
  779  to obtain additional information regarding the features and
  780  pricing of each.
  781         (2)The fulfillment materials:
  782         (a)Describe and delineate the travel insurance, travel
  783  assistance services, and cancellation fee waivers in the travel
  784  protection plan.
  785         (b)Include the travel insurance disclosures required in
  786  this chapter, the contact information for persons providing
  787  travel assistance services, and cancellation fee waivers, as
  788  applicable.
  789         Section 19. Section 647.05, Florida Statutes, is created to
  790  read:
  791         647.05 Sales practices.—
  792         (1)(a)All documents provided to a consumer before the
  793  purchase of travel insurance, including, but not limited to,
  794  sales materials, advertising materials, and marketing materials,
  795  must be consistent with the travel insurance policy, including,
  796  but not limited to, forms, endorsements, policies, rate filings,
  797  and certificates of insurance.
  798         (b)For travel insurance policies or certificates that
  799  contain preexisting condition exclusions, information and an
  800  opportunity to learn more about the preexisting condition
  801  exclusions must be provided any time before the purchase.
  802  Information on the exclusions and the opportunity to learn more
  803  about these exclusions must be included in the coverage’s
  804  fulfillment materials.
  805         (c)The fulfillment materials and the information described
  806  in s. 626.321(1)(c)3.a. must be provided to a policyholder or
  807  certificateholder as soon as practicable after the purchase of a
  808  travel protection plan. Unless the insured has started a covered
  809  trip or filed a claim under the travel insurance coverage, the
  810  policyholder or certificateholder may cancel a policy or
  811  certificate for a full refund of the travel protection plan
  812  price from the date of purchase of a travel protection plan
  813  until at least:
  814         1.Fifteen days after the date of delivery of the travel
  815  protection plan’s fulfillment materials by postal mail; or
  816         2.Ten days after the date of delivery of the travel
  817  protection plan’s fulfillment materials by means other than
  818  postal mail.
  820  For the purposes of this paragraph, the term “delivery” means
  821  handing fulfillment materials to the policyholder or
  822  certificateholder or sending fulfillment materials by postal
  823  mail or electronic means to the policyholder or
  824  certificateholder.
  825         (d)An insurer shall disclose in the policy documentation
  826  and fulfillment materials whether the travel insurance is
  827  primary or secondary to other applicable coverage.
  828         (e)If travel insurance is marketed directly to a consumer
  829  through an insurer’s website or by others through an aggregator
  830  site, it is not an unfair trade practice or other violation of
  831  law if the following requirements are met:
  832         1.The web page provides an accurate summary or short
  833  description of the coverage.
  834         2.The consumer has access to the full provisions of the
  835  policy through electronic means.
  836         (2)A person offering, soliciting, or negotiating travel
  837  insurance or travel protection plans on an individual or group
  838  basis may not do so by using a negative or opt-out option that
  839  would require a consumer to take an affirmative action to
  840  deselect coverage, such as unchecking a box on an electronic
  841  form, when the consumer purchases a trip.
  842         (3)If a consumer’s destination jurisdiction requires
  843  insurance coverage, it is not an unfair trade practice to
  844  require that the consumer choose between the following options
  845  as a condition of purchasing a trip or travel package:
  846         (a)Purchasing the coverage required by the destination
  847  jurisdiction through the travel retailer, as defined s.
  848  626.321(1)(c)2., or limited lines travel insurance producer
  849  supplying the trip or travel package; or
  850         (b)Agreeing to obtain and provide proof of coverage that
  851  meets the destination jurisdiction’s requirements before
  852  departure.
  853         (4)(a)A person offering travel insurance to residents of
  854  this state is subject to part IX of chapter 626, the Unfair
  855  Insurance Trade Practices Act, except as otherwise provided in
  856  this chapter. If a conflict arises between this chapter and the
  857  Unfair Insurance Trade Practices Act regarding the sale and
  858  marketing of travel insurance and travel protection plans, the
  859  provisions of this chapter shall control.
  860         (b)A person commits an unfair insurance trade practice
  861  under the Unfair Insurance Trade Practices Act if the person:
  862         1.Offers or sells a travel insurance policy that could
  863  never result in payment of any claims for any insured under the
  864  policy; or
  865         2.Markets blanket travel insurance coverage as free.
  866         Section 20. Section 647.06, Florida Statutes, is created to
  867  read:
  868         647.06 Travel administrators.—
  869         (1)Notwithstanding any other provision of the Florida
  870  Insurance Code, a person may not act or represent himself or
  871  herself as a travel administrator in this state unless the
  872  person:
  873         (a)Is a licensed and appointed property and casualty
  874  insurance producer in this state for activities authorized under
  875  that producer license;
  876         (b)Is a licensed insurance agency, appointed as a managing
  877  general agent in this state; or
  878         (c)Holds a valid third-party administrator license in this
  879  state.
  880         (2)A travel administrator and its employees are exempt
  881  from the licensing requirements of part VI of chapter 626 for
  882  the travel insurance it administers.
  883         (3)An insurer is responsible for ensuring that a travel
  884  administrator administering travel insurance underwritten by the
  885  insurer:
  886         (a)Acts in accordance with this chapter.
  887         (b)Maintains all books and records that are relevant to
  888  the insurer and makes these books and records available to the
  889  department upon request.
  890         Section 21. Section 647.07, Florida Statutes, is created to
  891  read:
  892         647.07 Travel insurance policy.—
  893         (1)Notwithstanding any other provision of the Florida
  894  Insurance Code, travel insurance shall be classified and filed
  895  for purposes of rates and forms under the inland marine line of
  896  insurance; however, travel insurance that provides coverage for
  897  sickness, accident, disability, or death occurring during
  898  travel, either exclusively or in conjunction with related
  899  coverages of emergency evacuation or repatriation of remains, or
  900  incidental limited property and casualty benefits, such as
  901  baggage or trip cancellation, may be classified and filed for
  902  purposes of rates and forms under either the accident and health
  903  line of insurance or the inland marine line of insurance.
  904         (2)Travel insurance may be in the form of an individual,
  905  group, or blanket policy. Group or blanket policies are
  906  classified as commercial inland marine insurance under s.
  907  627.021(2)(d). Travel insurance policies not issued to a
  908  commercial entity and primarily used for personal, family, or
  909  household purposes are considered personal inland marine
  910  insurance and shall not be subject to s. 627.062. Sections of
  911  policies or endorsements for travel insurance which are
  912  considered personal inland marine insurance consisting of travel
  913  assistance services or cancellation fee waivers are not subject
  914  to s. 627.410.
  915         (3)Travel insurance programs may be developed and provided
  916  based on travel protection plans designed for individual or
  917  identified marketing or distribution channels.
  918         Section 22. Section 647.08, Florida Statutes, is created to
  919  read:
  920         647.08 Rulemaking authority.—The department shall adopt
  921  rules to administer this chapter.
  922         Section 23. Except as otherwise expressly provided in this
  923  act and except for this section, which shall take effect upon
  924  this act becoming a law, this act shall take effect July 1,
  925  2020.