Senate Bill sb0764c1
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Florida Senate - 2006 CS for SB 764
By the Committee on Banking and Insurance; and Senators
Aronberg, Alexander, Margolis and Atwater
597-1958-06
1 A bill to be entitled
2 An act relating to travel-limited life
3 insurance coverage; amending s. 626.9541, F.S.;
4 specifying prohibited activities by insurers
5 relating to lawful travel; providing
6 exceptions; authorizing the adoption of rules
7 by the Financial Services Commission to
8 implement the act and allow for limited
9 exceptions based on emergencies and public
10 policy; providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. This act may be cited as "The Freedom To
15 Travel Act."
16 Section 2. Paragraph (dd) is added to subsection (1)
17 of section 626.9541, Florida Statutes, to read:
18 626.9541 Unfair methods of competition and unfair or
19 deceptive acts or practices defined.--
20 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR
21 DECEPTIVE ACTS.--The following are defined as unfair methods
22 of competition and unfair or deceptive acts or practices:
23 (dd) Life insurance limitations based on past foreign
24 travel experiences or future foreign travel plans.--
25 1. An insurer may not refuse life insurance to, refuse
26 to continue life insurance of, or limit the amount, extent, or
27 kind of life insurance coverage available to an individual
28 based solely on the individual's past lawful foreign travel
29 experiences.
30 2. An insurer may not refuse life insurance to, refuse
31 to continue life insurance of, or limit the amount, extent, or
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 764
597-1958-06
1 kind of life insurance coverage available to an individual
2 based solely on the individual's future lawful travel plans
3 unless the insurer can demonstrate and the Office of Insurance
4 Regulation determines that insureds who intend to travel are a
5 separate actuarially supportable class whose risk of loss is
6 different from those insureds who do not intend to travel.
7 3. The commission may adopt rules necessary to
8 implement this paragraph and may provide for limited
9 exceptions that are based upon national or international
10 emergency conditions that affect the public health, safety,
11 and welfare and that are consistent with public policy.
12 Section 3. This act shall take effect July 1, 2006.
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14 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
15 Senate Bill 764
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17 Cites the act as the "The Freedom To Travel Act."
18 Creates a new unfair or deceptive trade practice provision
under the Insurance Code (s. 626.9541, F.S.) which would
19 prohibit life insurers from refusing coverage or otherwise
discriminating against an individual solely on the basis of
20 the individual's past lawful foreign travel experiences.
21 Prohibits life insurers from refusing coverage or otherwise
discriminating against an individual solely on the basis of
22 that individual's "future" lawful foreign travel plans, unless
life insurers demonstrate, and the Office of Insurance
23 Regulation determines, that insureds who intend to travel are
a seperate actuarilly supportable class whose risk of loss is
24 different from those insureds who do not intend to travel.
25 Authorizes the Financial Services Commission (Governor and
Cabinet) to develop rules to implement these provisions and
26 provides authority to the Commission to allow for limited
exceptions based on national or international emergency
27 conditions affecting public health, safety, and welfare that
are consistent with public policy.
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CODING: Words stricken are deletions; words underlined are additions.