Bill Amendment: FL S1334 | 2020 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Financial Services
Status: 2020-03-14 - Died in Banking and Insurance [S1334 Detail]
Download: Florida-2020-S1334-Senate_Committee_Amendment_893146.html
Bill Title: Financial Services
Status: 2020-03-14 - Died in Banking and Insurance [S1334 Detail]
Download: Florida-2020-S1334-Senate_Committee_Amendment_893146.html
Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1334 Ì8931464Î893146 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 536 - 542. 4 Between lines 693 and 694 5 insert: 6 Section 27. Paragraph (a) of subsection (1) of section 7 440.12, Florida Statutes, is amended to read: 8 440.12 Time for commencement and limits on weekly rate of 9 compensation.— 10 (1) Compensation is not allowed for the first 7 days of the 11 disability, except for benefits provided under s. 440.13. 12 However, if the injury results in more than 21 days of 13 disability, compensation is allowed from the commencement of the 14 disability. 15 (a) All weekly compensation payments, except for the first 16 payment, must be paid by check or, if authorized by the 17 employee, on a prepaid card pursuant to paragraph (b) or 18 deposited directly into the employee's account at a financial 19 institution as defined in s. 655.005 or transmitted to the 20 employee's account with a money transmitter licensed under part 21 II of chapter 560. 22 Section 28. Paragraph (a) of subsection (1) and paragraph 23 (a) of subsection (6) of section 440.20, Florida Statutes, are 24 amended to read: 25 440.20 Time for payment of compensation and medical bills; 26 penalties for late payment.— 27 (1)(a) Unless the carrier denies compensability or 28 entitlement to benefits, the carrier shall pay compensation 29 directly to the employee as required by ss. 440.14, 440.15, and 30 440.16, in accordance with those sections. Upon receipt of the 31 employee's authorization as provided for in s. 440.12(1)(a), the 32 carrier's obligation to pay compensation directly to the 33 employee is satisfied when the carrier directly deposits, by 34 electronic transfer or other means, compensation into the 35 employee's account at a financial institution as defined in s. 36 655.005 or onto a prepaid card in accordance with s. 440.12(1) 37 or transmits the employee's compensation to the employee's 38 account with a money transmitter licensed under part II of 39 chapter 560. Compensation by direct deposit or through the use 40 of a prepaid card or through transmission is considered paid on 41 the date the funds become available for withdrawal by the 42 employee. 43 (6)(a) If any installment of compensation for death or 44 dependency benefits, or compensation for disability benefits 45 payable without an award is not paid within 7 days after it 46 becomes due, as provided in subsection (2), subsection (3), or 47 subsection (4), there shall be added to such unpaid installment 48 a penalty of an amount equal to 20 percent of the unpaid 49 installment, which shall be paid at the same time as, but in 50 addition to, such installment of compensation. This penalty 51 shall not apply for late payments resulting from conditions over 52 which the employer or carrier had no control. When any 53 installment of compensation payable without an award has not 54 been paid within 7 days after it became due and the claimant 55 concludes the prosecution of the claim before a judge of 56 compensation claims without having specifically claimed 57 additional compensation in the nature of a penalty under this 58 section, the claimant will be deemed to have acknowledged that, 59 owing to conditions over which the employer or carrier had no 60 control, such installment could not be paid within the period 61 prescribed for payment and to have waived the right to claim 62 such penalty. However, during the course of a hearing, the judge 63 of compensation claims shall on her or his own motion raise the 64 question of whether such penalty should be awarded or excused. 65 The department may assess without a hearing the penalty against 66 either the employer or the carrier, depending upon who was at 67 fault in causing the delay. The insurance policy cannot provide 68 that this sum will be paid by the carrier if the department or 69 the judge of compensation claims determines that the penalty 70 should be paid by the employer rather than the carrier. Any 71 additional installment of compensation paid by the carrier 72 pursuant to this section shall be paid directly to the employee 73 by check or, if authorized by the employee, by direct deposit 74 into the employee's account at a financial institution or by 75 transmission to the employee's account with a money transmitter 76 licensed under part II of chapter 560. 77 Section 29. Subsection (4) of section 627.914, Florida 78 Statutes, is redesignated as subsection (5), a new subsection 79 (4) is added to that section, and subsections (2) and (3) of 80 that section are amended, to read: 81 627.914 Reports of information by workers’ compensation 82 insurers required.— 83 (2)(a) Each insurer and self-insurance fund authorized to 84 write a policy of workers’ compensation insurance shall report 85transmitthe following information annually on both Florida 86 experience and nationwide experience separately: 87 1.(a)Payrolls by classification. 88 2.(b)Manual premiums by classification. 89 3.(c)Standard premiums by classification. 90 4.(d)Losses by classification and injury type. 91 5.(e)Expenses. 92 93 An insurer or self-insurance fund that is placed in receivership 94 pursuant to part I of chapter 631 must continue to report the 95 information required under this paragraph. At the discretion of 96 the receiver, the insurer or self-insurance fund may outsource 97 the reporting of such information to a third-party reporting 98 vendor. The office shall approve a modified reporting plan that 99 is limited in terms of data elements. 100 (b) A report of thethisinformation required under 101 paragraph (a) shall be filed no later than July 1 of each year. 102 All reports shall be filed in accordance with standard reporting 103 procedures for insurers, which procedures have received approval 104 by the office, and shall contain data for the most recent policy 105 period available. A statistical or rating organization may be 106 used by insurers and self-insurance funds to report the data 107 required by this section. The statistical or rating organization 108 shall report each data element in the aggregate only for 109 insurers and self-insurance funds required to report under this 110 section who elect to have the organization report on their 111 behalf. Such insurers and self-insurance funds shall be named in 112 the report. 113 (3) Individual self-insurers as defined in s. 440.02 shall 114 report only Florida data as prescribed in subparagraphs 115 (2)(a)1.-5.paragraphs (2)(a)-(e)to the office. 116 (a) The office shall publish the dates and forms necessary 117 to enable individual self-insurers to comply with this section. 118 (b) A statistical or rating organization may be used by 119 individual self-insurers for the purposes of reporting the data 120 required by this section and calculating experience ratings. 121 (4) The office may use the information it receives under 122 this section in its adoption of rates and experience ratings 123 modifications. 124 Section 30. Paragraph (c) of subsection (1) of section 125 626.321, Florida Statutes, is amended to read: 126 626.321 Limited licenses and registration.— 127 (1) The department shall issue to a qualified applicant a 128 license as agent authorized to transact a limited class of 129 business in any of the following categories of limited lines 130 insurance: 131 (c) Travel insurance.—License covering only policies and 132 certificates of travel insurance which are subject to review by 133 the departmentoffice. Policies and certificates of travel 134 insurance may provide coverage for travel insurance, as defined 135 in s. 647.02risks incidental to travel, planned travel, or136accommodations while traveling, including, but not limited to,137accidental death and dismemberment of a traveler; trip or event138cancellation, interruption, or delay; loss of or damage to139personal effects or travel documents; damages to travel140accommodations; baggage delay; emergency medical travel or141evacuation of a traveler; or medical, surgical, and hospital142expenses related to an illness or emergency of a traveler. Such143policy or certificate may be issued for terms longer than 90144days, but, other than a policy or certificate providing coverage145for air ambulatory services only, each policy or certificate146must be limited to coverage for travel or use of accommodations147of no longer than 90 days. The license may be issued only to an 148 individual or business entity that has filed with the department 149 an application for a license in a form and manner prescribed by 150 the department.:151 1. A limited lines travel insurance producer, as defined in 152 s. 647.02, shall be licensed to sell, solicit, or negotiate 153 travel insurance through a licensed insurer. 154 2. A person may not act as a limited lines travel insurance 155 producer or travel retailer unless properly licensed or 156 registered, respectively. As used in this paragraph, the term 157 “travel retailer” means a business entity that: 158 a. Makes, arranges, or offers planned travel. 159 b. May, under subparagraph 3., offer and disseminate travel 160 insurance as a service to its customers on behalf of and under 161 the direction of a limited lines travel insurance producer. 162 3. A travel retailer may offer and disseminate travel 163 insurance under a limited lines travel insurance producer 164 business entity license only if all of the following 165 requirements are met: 166 a. The limited lines travel insurance producer or travel 167 retailer provides to purchasers of travel insurance: 168 (I) A description of the material terms or the actual 169 material terms of the insurance coverage. 170 (II) A description of the process for filing a claim. 171 (III) A description of the review or cancellation process 172 for the travel insurance policy. 173 (IV) The identity and contact information of the insurer 174 and limited lines travel insurance producer. 175 b. At the time of licensure, the limited lines travel 176 insurance producer establishes and maintains a register, on a 177 form prescribed by the department, of each travel retailer that 178 offers travel insurance on behalf of the limited lines travel 179 insurance producer. The limited lines travel insurance producer 180 must maintain and update the register, which must include the 181 travel retailer’s federal tax identification number and the 182 name, address, and contact information of the travel retailer 183 and an officer or person who directs or controls the travel 184 retailer’s operations. The limited lines travel insurance 185 producer shall submit the register to the department upon 186 reasonable request. The limited lines travel insurance producer 187 shall also certify that the travel retailer register complies 188 with 18 U.S.C. s. 1033. The grounds for the suspension and 189 revocation and the penalties applicable to resident insurance 190 producers under this section apply to the limited lines travel 191 insurance producers and travel retailers. 192 c. The limited lines travel insurance producer has 193 designated one of its employees as the designated responsible 194 producer. The designated responsible producer, who must be a 195 licensed insurance producer, is responsible for the compliance 196 with the travel insurance laws and regulations applicable to the 197 limited lines travel insurance producer and its registrants. The 198 designated responsible producer and the president, secretary, 199 treasurer, and any other officer or person who directs or 200 controls the limited lines travel insurance producer’s insurance 201 operations must comply with the fingerprinting requirements 202 applicable to insurance producers in the resident state of the 203 limited lines travel insurance producer. 204 d. The limited lines travel insurance producer has paid all 205 applicable licensing fees as set forth in applicable general 206 law. 207 e. The limited lines travel insurance producer requires 208 each employee and each authorized representative of the travel 209 retailer whose duties include offering and disseminating travel 210 insurance to receive a program of instruction or training, which 211 is subject, at the discretion of the department, to review and 212 approval. The training material must, at a minimum, contain 213 adequate instructions on the types of insurance offered, ethical 214 sales practices, and required disclosures to prospective 215 purchasers. 216 217 As used in this paragraph, the term “offer and disseminate” 218 means to provide general information, including a description of 219 the coverage and price, as well as processing the application 220 and collecting premiums. 221 4. A travel retailer offering or disseminating travel 222 insurance shall make available to prospective purchasers 223 brochures or other written materials that have been approved by 224 the travel insurer. Such materials must include information 225 that, at a minimum: 226 a. Provides the identity and contact information of the 227 insurer and the limited lines travel insurance producer. 228 b. Explains that the purchase of travel insurance is not 229 required in order to purchase any other product or service from 230 the travel retailer. 231 c. Explains that a travel retailer is authorized to provide 232 only general information about the insurance offered by the 233 travel retailer, including a description of the coverage and 234 price, but is not qualified or authorized to answer technical 235 questions about the terms and conditions of the insurance 236 offered by the travel retailer or to evaluate the adequacy of 237 the customer’s existing insurance coverage. 238 5. A travel retailer employee or authorized representative 239 who is not licensed as an insurance producer may not: 240 a. Evaluate or interpret the technical terms, benefits, and 241 conditions of the offered travel insurance coverage; 242 b. Evaluate or provide advice concerning a prospective 243 purchaser’s existing insurance coverage; or 244 c. Hold himself or herself or the travel retailer out as a 245 licensed insurer, licensed producer, or insurance expert. 246 247 Notwithstanding any other provision of law, a travel retailer 248 whose insurance-related activities, and those of its employees 249 and authorized representatives, are limited to offering and 250 disseminating travel insurance on behalf of and under the 251 direction of a limited lines travel insurance producer meeting 252 the conditions in this section may receive related compensation 253 upon registration by the limited lines travel insurance producer 254 as described in paragraph (2)(b). 255 6. As the insurer’s designee, the limited lines travel 256 insurance producer is responsible for the acts of the travel 257 retailer and shall use reasonable means to ensure compliance by 258 the travel retailer with this section. 259 7. Any person licensed in a major line of authority as an 260 insurance producer, including a property and casualty insurance 261 producer who is not appointed by an insurer, may sell, solicit, 262 and negotiate travel insurance. 2631.To a full-time salaried employee of a common carrier or264a full-time salaried employee or owner of a transportation265ticket agency and may authorize the sale of such ticket policies266only in connection with the sale of transportation tickets, or267to the full-time salaried employee of such an agent. Such policy268may not be for more than 48 hours or more than the duration of a269specified one-way trip or round trip.2702.To an entity or individual that is:271a.The developer of a timeshare plan that is the subject of272an approved public offering statement under chapter 721;273b.An exchange company operating an exchange program274approved under chapter 721;275c.A managing entity operating a timeshare plan approved276under chapter 721;277d.A seller of travel as defined in chapter 559; or278e.A subsidiary or affiliate of any of the entities279described in sub-subparagraphs a.-d.2803.To a full-time salaried employee of a licensed general281lines agent or a business entity that offers travel planning282services if insurance sales activities authorized by the license283are in connection with, and incidental to, travel.284a.A license issued to a business entity that offers travel285planning services must encompass each office, branch office, or286place of business making use of the entity’s business name in287order to offer, solicit, and sell insurance pursuant to this288paragraph.289b.The application for licensure must list the name,290address, and phone number for each office, branch office, or291place of business that is to be covered by the license. The292licensee shall notify the department of the name, address, and293phone number of any new location that is to be covered by the294license before the new office, branch office, or place of295business engages in the sale of insurance pursuant to this296paragraph. The licensee shall notify the department within 30297days after the closing or terminating of an office, branch298office, or place of business. Upon receipt of the notice, the299department shall delete the office, branch office, or place of300business from the license.301c.A licensed and appointed entity is directly responsible302and accountable for all acts of the licensee’s employees and303parties with whom the licensee has entered into a contractual304agreement to offer travel insurance.305 306A licensee shall require each individual who offers policies or307certificates under subparagraph 2. or subparagraph 3. to receive308initial training from a general lines agent or an insurer309authorized under chapter 624 to transact insurance within this310state. For an entity applying for a license as a travel311insurance agent, the fingerprinting requirement of this section312applies only to the president, secretary, and treasurer and to313any other officer or person who directs or controls the travel314insurance operations of the entity.315 Section 31. The Division of Law Revision is directed to 316 create chapter 647, Florida Statutes, consisting of ss. 647.01 317 647.08, Florida Statutes, to be entitled “Travel Insurance.” 318 Section 32. Section 647.01, Florida Statutes, is created to 319 read: 320 647.01 Purpose and scope.— 321 (1) The purpose of this chapter is to promote the public 322 welfare by creating a comprehensive legal framework within which 323 travel insurance may be sold in this state. 324 (2) This chapter applies to: 325 (a) Travel insurance that covers any resident of this state 326 and that is sold, solicited, negotiated, or offered in this 327 state. 328 (b) Policies and certificates that are delivered or issued 329 for delivery in this state. 330 331 This chapter does not apply to cancellation fee waivers or 332 travel assistance services, except as expressly provided in this 333 chapter. 334 (3) All other applicable provisions of the insurance laws 335 of this state continue to apply to travel insurance, except that 336 the specific provisions of this chapter shall supersede any 337 general provisions of law that would otherwise be applicable to 338 travel insurance. 339 Section 33. Section 647.02, Florida Statutes, is created to 340 read: 341 647.02 Definitions.—As used in this chapter, the term: 342 (1) “Aggregator site” means a website that provides access 343 to information regarding insurance products from more than one 344 insurer, including product and insurer information, for use in 345 comparison shopping. 346 (2) “Blanket travel insurance” means a policy of travel 347 insurance issued to an eligible group providing coverage to all 348 members of the eligible group without a separate charge to 349 individual members of the eligible group. 350 (3) “Cancellation fee waiver” means a contractual agreement 351 between a supplier of travel services and its customer to waive 352 some or all of the nonrefundable cancellation fee provisions of 353 the supplier’s underlying travel contract with or without regard 354 to the reason for the cancellation or form of reimbursement. A 355 cancellation fee waiver is not insurance. 356 (4) “Department” means the Department of Financial 357 Services. 358 (5) “Eligible group,” solely for the purposes of travel 359 insurance, means two or more persons who are engaged in a common 360 enterprise or who have an economic, educational, or social 361 affinity or relationship, including, but not limited to, any of 362 the following: 363 (a) An entity engaged in the business of providing travel 364 or travel services, including, but not limited to: 365 1. A tour operator, lodging provider, vacation property 366 owner, hotel, resort, travel club, travel agency, property 367 manager, and cultural exchange program. 368 2. An operator, owner, or lessor of a means of 369 transportation of passengers, including, but not limited to, a 370 common carrier, airline, cruise line, railroad, steamship 371 company, and public bus carrier. 372 373 With regard to any particular travel or type of travel or 374 travelers, all members or customers of the group must have a 375 common exposure to risk attendant to such travel. 376 (b) A university, college, school, or other institution of 377 learning, covering students, teachers, employees, or volunteers. 378 (c) An employer covering any group of employees, 379 volunteers, contractors, board of directors, dependents, or 380 guests. 381 (d) A sports team or camp, or a sponsor thereof, covering 382 participants, members, campers, employees, officials, 383 supervisors, or volunteers. 384 (e) A religious, charitable, recreational, educational, or 385 civic organization, or a branch thereof, covering any group of 386 members, participants, or volunteers. 387 (f) A financial institution or financial institution 388 vendor, or a parent holding company, trustee, or agent of or 389 designated by one or more financial institutions or financial 390 institution vendors, including account holders, credit card 391 holders, debtors, guarantors, or purchasers. 392 (g) An incorporated or unincorporated association, 393 including a labor union, having a common interest and 394 constitution and bylaws, which is organized and maintained in 395 good faith for purposes other than obtaining insurance coverage 396 for its members or participants. 397 (h) A trust or the trustees of a fund that covers its 398 members, employees, or customers and is established, created, or 399 maintained for the benefit of its members, employees, or 400 customers, subject to: 401 1. The department’s authorizing the use of a trust. 402 2. The premium tax provisions in s. 647.03 applicable to 403 incorporated or unincorporated associations that have a common 404 interest and constitution and bylaws and that are organized and 405 maintained in good faith for purposes other than obtaining 406 insurance coverage for their members, employees, or customers. 407 (i) An entertainment production company covering any group 408 of participants, volunteers, audience members, contestants, or 409 workers. 410 (j) A volunteer fire department, ambulance, rescue, police, 411 court, first-aid, civil defense, or other such volunteer group. 412 (k) A preschool, daycare institution for children or 413 adults, or senior citizen club. 414 (l) An automobile or truck rental or leasing company 415 covering a group of individuals who may become renters, lessees, 416 or passengers as defined by their travel status on the rented or 417 leased vehicles. The common carrier, the operator, owner, or 418 lessor of a means of transportation, or the motor vehicle or 419 truck rental or leasing company is the policyholder under a 420 policy to which this section applies. 421 (m) Any other group for which the department has made the 422 following determinations: 423 1. The group members are engaged in a common enterprise or 424 have an economic, educational, or social affinity or 425 relationship. 426 2. Issuance of the travel insurance policy is not contrary 427 to the public interest. 428 (6) “Fulfillment materials” means documentation sent to the 429 purchaser of a travel protection plan confirming the purchase 430 and providing the travel protection plan’s coverage and 431 assistance details. 432 (7) “Group travel insurance” means travel insurance issued 433 to an eligible group. 434 (8) “Limited lines travel insurance producer” means: 435 (a) A licensed or third-party administrator; 436 (b) A licensed insurance producer, including a limited 437 lines producer; or 438 (c) A travel administrator. 439 (9) “Travel administrator” means a person who directly or 440 indirectly underwrites policies for, collects charges, 441 collateral, or premiums from, or adjusts or settles claims on, 442 residents of this state, in connection with travel insurance, 443 except that a person is not considered a travel administrator if 444 the person is: 445 (a) A person working for a travel administrator, to the 446 extent that the person’s activities are subject to the 447 supervision and control of the travel administrator; 448 (b) An insurance producer selling insurance or engaged in 449 administrative and claims-related activities within the scope of 450 the producer’s license; 451 (c) A travel retailer, as defined s. 626.321(1)(c)2., 452 offering and disseminating travel insurance and registered under 453 the license of a limited lines travel insurance producer in 454 accordance with s. 626.321(1)(c); 455 (d) A person adjusting or settling claims in the normal 456 course of the person’s practice or employment as an attorney at 457 law, without collecting charges or premiums in connection with 458 insurance coverage; or 459 (e) A business entity that is affiliated with a licensed 460 insurer while acting as a travel administrator for the direct 461 and assumed insurance business of the affiliated insurer. 462 (10) “Travel assistance services” means noninsurance 463 services for which the consumer is not indemnified based on a 464 fortuitous event, and the provision of which does not result in 465 the transfer or shifting of risk which would constitute the 466 business of insurance. The term includes, but is not limited to, 467 security advisories, destination information, vaccination and 468 immunization information services, travel reservation services, 469 entertainment, activity and event planning, translation 470 assistance, emergency messaging, international legal and medical 471 referrals, medical case monitoring, coordination of 472 transportation arrangements, emergency cash transfer assistance, 473 medical prescription replacement assistance, passport and travel 474 document replacement assistance, lost luggage assistance, 475 concierge services, and any other service that is furnished in 476 connection with planned travel. Travel assistance services are 477 not insurance and are not related to insurance. 478 (11) “Travel insurance” means insurance coverage for 479 personal risks incidental to planned travel, including: 480 (a) Interruption or cancellation of trip or event; 481 (b) Loss of baggage or personal effects; 482 (c) Damages to accommodations or rental vehicles; 483 (d) Sickness, accident, disability, or death occurring 484 during travel; 485 (e) Emergency evacuation; 486 (f) Repatriation of remains; or 487 (g) Any other contractual obligations to indemnify or pay a 488 specified amount to the traveler upon determinable contingencies 489 related to travel as approved by the Commissioner of Insurance 490 Regulation. 491 492 The term does not include major medical plans that provide 493 comprehensive medical protection for travelers with trips 494 lasting longer than 6 months, including major medical plans for 495 those working or residing overseas as expatriates, or any other 496 product that requires a specific insurance producer license. 497 (12) “Travel protection plan” means a plan that provides 498 one or more of the following: travel insurance, travel 499 assistance services, and cancellation fee waivers. 500 Section 34. Section 647.03, Florida Statutes, is created to 501 read: 502 647.03 Premium tax.— 503 (1) As used in this section, the term: 504 (a) “Primary certificateholder” means an individual who 505 purchases travel insurance under a group policy. 506 (b) “Primary policyholder” means an individual who 507 purchases individual travel insurance. 508 (2) A travel insurer shall pay the premium tax, as required 509 under s. 624.509, on travel insurance premiums paid by any of 510 the following: 511 (a) A primary policyholder who is a resident of this state. 512 (b) A primary certificateholder who is a resident of this 513 state. 514 (c) A blanket travel insurance policyholder: 515 1. Who is a resident in this state; 516 2. Who has his or her principal place of business in this 517 state; or 518 3. Whose affiliate or subsidiary who has purchased blanket 519 travel insurance for eligible blanket group members has his or 520 her principal place of business in this state. 521 522 The premium tax under this subsection is subject to any 523 apportionment rules that apply to an insurer across multiple 524 taxing jurisdictions or that authorize an insurer to allocate 525 premium on an apportioned basis in a reasonable and equitable 526 manner in those jurisdictions. 527 (3) A travel insurer shall: 528 (a) Document the state of residence or principal place of 529 business of the policyholder or certificateholder, or an 530 affiliate or subsidiary thereof, as required under subsection 531 (2). 532 (b) Report as premium only the amount allocable to travel 533 insurance and not any amounts received for travel assistance 534 services or cancellation fee waivers. 535 Section 35. Section 647.04, Florida Statutes, is created to 536 read: 537 647.04 Travel protection plans.—A travel protection plan 538 may be offered for one price for the combined features that the 539 travel protection plan offers in this state if the travel 540 protection plan meets all of the following requirements: 541 (1) The travel protection plan clearly discloses to the 542 consumer, at or before the time of purchase, that it includes 543 travel insurance, travel assistance services, and cancellation 544 fee waivers, as applicable, and provides information and an 545 opportunity, at or before the time of purchase, for the consumer 546 to obtain additional information regarding the features and 547 pricing of each. 548 (2) The fulfillment materials: 549 (a) Describe and delineate the travel insurance, travel 550 assistance services, and cancellation fee waivers in the travel 551 protection plan. 552 (b) Include the travel insurance disclosures required in 553 this chapter, the contact information for persons providing 554 travel assistance services, and cancellation fee waivers, as 555 applicable. 556 Section 36. Section 647.05, Florida Statutes, is created to 557 read: 558 647.05 Sales practices.— 559 (1)(a) All documents provided to a consumer before the 560 purchase of travel insurance, including, but not limited to, 561 sales materials, advertising materials, and marketing materials, 562 must be consistent with the travel insurance policy, including, 563 but not limited to, forms, endorsements, policies, rate filings, 564 and certificates of insurance. 565 (b) For travel insurance policies or certificates that 566 contain preexisting condition exclusions, information and an 567 opportunity to learn more about the preexisting condition 568 exclusions must be provided any time before the purchase. 569 Information on the exclusions and the opportunity to learn more 570 about these exclusions must be included in the coverage’s 571 fulfillment materials. 572 (c) The fulfillment materials and the information described 573 in s. 626.321(1)(c)3.a. must be provided to a policyholder or 574 certificateholder as soon as practicable after the purchase of a 575 travel protection plan. Unless the insured has started a covered 576 trip or filed a claim under the travel insurance coverage, the 577 policyholder or certificateholder may cancel a policy or 578 certificate for a full refund of the travel protection plan 579 price from the date of purchase of a travel protection plan 580 until at least: 581 1. Fifteen days after the date of delivery of the travel 582 protection plan’s fulfillment materials by postal mail; or 583 2. Ten days after the date of delivery of the travel 584 protection plan’s fulfillment materials by means other than 585 postal mail. 586 587 For the purposes of this paragraph, the term “delivery” means 588 handing fulfillment materials to the policyholder or 589 certificateholder or sending fulfillment materials by postal 590 mail or electronic means to the policyholder or 591 certificateholder. 592 (d) An insurer shall disclose in the policy documentation 593 and fulfillment materials whether the travel insurance is 594 primary or secondary to other applicable coverage. 595 (e) If travel insurance is marketed directly to a consumer 596 through an insurer’s website or by others through an aggregator 597 site, it is not an unfair trade practice or other violation of 598 law if the following requirements are met: 599 1. The web page provides an accurate summary or short 600 description of the coverage. 601 2. The consumer has access to the full provisions of the 602 policy through electronic means. 603 (2) A person offering, soliciting, or negotiating travel 604 insurance or travel protection plans on an individual or group 605 basis may not do so by using a negative or opt-out option that 606 would require a consumer to take an affirmative action to 607 deselect coverage, such as unchecking a box on an electronic 608 form, when the consumer purchases a trip. 609 (3) If a consumer’s destination jurisdiction requires 610 insurance coverage, it is not an unfair trade practice to 611 require that the consumer choose between the following options 612 as a condition of purchasing a trip or travel package: 613 (a) Purchasing the coverage required by the destination 614 jurisdiction through the travel retailer, as defined s. 615 626.321(1)(c)2., or limited lines travel insurance producer 616 supplying the trip or travel package; or 617 (b) Agreeing to obtain and provide proof of coverage that 618 meets the destination jurisdiction’s requirements before 619 departure. 620 (4)(a) A person offering travel insurance to residents of 621 this state is subject to part IX of chapter 626, the Unfair 622 Insurance Trade Practices Act, except as otherwise provided in 623 this chapter. If a conflict arises between this chapter and the 624 Unfair Insurance Trade Practices Act regarding the sale and 625 marketing of travel insurance and travel protection plans, the 626 provisions of this chapter shall control. 627 (b) A person commits an unfair insurance trade practice 628 under the Unfair Insurance Trade Practices Act if the person: 629 1. Offers or sells a travel insurance policy that could 630 never result in payment of any claims for any insured under the 631 policy; or 632 2. Markets blanket travel insurance coverage as free. 633 Section 37. Section 647.06, Florida Statutes, is created to 634 read: 635 647.06 Travel administrators.— 636 (1) Notwithstanding any other provision of the Florida 637 Insurance Code, a person may not act or represent himself or 638 herself as a travel administrator in this state unless the 639 person: 640 (a) Is a licensed property and casualty insurance producer 641 in this state for activities authorized under that producer 642 license; 643 (b) Is appointed as a managing general agent in this state; 644 or 645 (c) Holds a valid third-party administrator license in this 646 state. 647 (2) A travel administrator and its employees are exempt 648 from the licensing requirements of part VI of chapter 626 for 649 the travel insurance it administers. 650 (3) An insurer is responsible for ensuring that a travel 651 administrator administering travel insurance underwritten by the 652 insurer: 653 (a) Acts in accordance with this chapter. 654 (b) Maintains all books and records that are relevant to 655 the insurer and makes these books and records available to the 656 department upon request. 657 Section 38. Section 647.07, Florida Statutes, is created to 658 read: 659 647.07 Travel insurance policy.— 660 (1) Notwithstanding any other provision of the Florida 661 Insurance Code, travel insurance shall be classified and filed 662 for purposes of rates and forms under the inland marine line of 663 insurance; however, travel insurance that provides coverage for 664 sickness, accident, disability, or death occurring during 665 travel, either exclusively or in conjunction with related 666 coverages of emergency evacuation or repatriation of remains, or 667 incidental limited property and casualty benefits such as 668 baggage or trip cancellation, may be classified and filed for 669 purposes of rates and forms under either the accident and health 670 line of insurance or the inland marine line of insurance. 671 (2) Travel insurance may be in the form of an individual, 672 group, or blanket policy. 673 (3) Eligibility and underwriting standards for travel 674 insurance may be developed and provided based on travel 675 protection plans designed for individual or identified marketing 676 or distribution channels, if those standards also meet the 677 state’s underwriting standards for inland marine insurance. 678 Section 39. Section 647.08, Florida Statutes, is created to 679 read: 680 647.08 Rulemaking authority.—The department shall adopt 681 rules to administer this chapter. 682 683 ================= T I T L E A M E N D M E N T ================ 684 And the title is amended as follows: 685 Delete lines 67 - 69 686 and insert: 687 Timeframe; requiring the 688 Delete line 92 689 and insert: 690 respectively, without specified licenses; amending s. 691 440.12, F.S.; providing that an employee receiving 692 workers' compensation payments may authorize a carrier 693 to transmit compensation payments to a licensed money 694 transmitter; amending s. 440.20, F.S.; specifying that 695 the carrier's transmission of compensation with a 696 licensed money transmitter to the employee's account 697 satisfies the carrier's obligation to pay compensation 698 directly to the employee; amending s. 626.321, F.S.; 699 providing that certain travel insurance licenses are 700 subject to review by the Department of Financial 701 Services rather than the Office of Insurance 702 Regulation; revising persons who may be licensed to 703 transact in travel insurance; specifying licensure and 704 registration requirements for certain persons; 705 defining the term “travel retailer”; specifying 706 requirements for, restrictions on, and authorized acts 707 by travel retailers and limited lines travel insurance 708 producers; defining the term “offer and disseminate”; 709 authorizing certain persons to sell, solicit, and 710 negotiate travel insurance; amending s. 627.914, F.S.; 711 requiring insurers or self-insurance funds that write 712 workers’ compensation insurance and that are in 713 receivership to continue to report certain information 714 to the office; authorizing the outsourcing of 715 reporting under certain circumstances; requiring the 716 office to approve a certain reporting plan; 717 authorizing the office to use the information for 718 certain purposes; creating ch. 647, F.S., entitled 719 “Travel Insurance”; creating s. 647.01, F.S.; 720 providing legislative purpose; providing 721 applicability; creating s. 647.02, F.S.; defining 722 terms; creating s. 647.03, F.S.; defining the terms 723 “primary certificateholder” and “primary 724 policyholder”; requiring travel insurers to pay the 725 insurance premium tax on specified travel insurance 726 premiums; providing construction; specifying 727 requirements for travel insurers; creating s. 647.04, 728 F.S.; providing that a travel protection plan may be 729 offered for one price if its meets specified 730 requirements; creating s. 647.05, F.S.; specifying 731 sales practice requirements, prohibited sales 732 practices, and authorized sales practices relating to 733 travel insurance; specifying a policyholder or 734 certificateholder’s right to cancel a travel 735 protection plan for a full refund; defining the term 736 “delivery”; specifying unfair insurance trade 737 practices; providing construction; creating s. 647.06, 738 F.S.; specifying qualifications for travel 739 administrators; providing an exemption from certain 740 licensure; providing that insurers are responsible for 741 ensuring certain acts by travel administrators; 742 creating s. 647.07, F.S.; specifying the 743 classification for travel insurance for rate filing 744 purposes; specifying authorized forms of travel 745 insurance; authorizing certain eligibility and 746 underwriting standards for travel insurance; creating 747 s. 647.08, F.S.; requiring the department to adopt 748 rules; providing