Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1372
       
       
       
       
       
       
                                Barcode 454688                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/25/2009           .                                
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       The Committee on Criminal Justice (Dean) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 236 - 257
    4  and insert:
    5         Section 9. Subsections (3) and (5) of section 627.4554,
    6  Florida Statutes, as amended by section 9 of chapter 2008-237,
    7  Laws of Florida, are amended, and subsection (10) is added to
    8  that section, to read:
    9         627.4554 Annuity investments by seniors.—
   10         (3) DEFINITIONS.—For purposes of this section, the term:
   11         (a) “Annuity contract” means a fixed annuity, equity
   12  indexed annuity, fixed equity indexed annuity, or variable
   13  annuity that is individually solicited, whether the product is
   14  classified as an individual annuity or a group annuity.
   15         (b)“Accredited investor” means any person who comes within
   16  any of the following categories, or who the issuer reasonably
   17  believes comes within any of the following categories, at the
   18  time of the sale of an annuity to that person:
   19         1.The person’s net worth or joint net worth with his or
   20  her spouse, at the time of the purchase, exceeds $1 million; or
   21         2.The person had an individual income in excess of
   22  $200,000 in each of the 2 most recent years, or joint income
   23  with his or her spouse in excess of $300,000 in each of those
   24  years, and has a reasonable expectation of reaching the same
   25  income level in the current year.
   26         (c)(b) “Recommendation” means advice provided by an
   27  insurance agent, or an insurer if no insurance agent is
   28  involved, to an individual senior consumer which results in a
   29  purchase or exchange of an annuity in accordance with that
   30  advice.
   31         (d)(c) “Senior consumer” means a person 65 years of age or
   32  older. In the event of a joint purchase by more than one party,
   33  a purchaser is considered to be a senior consumer if any of the
   34  parties is age 65 or older.
   35         (5) MITIGATION OF RESPONSIBILITY.—
   36         (a) The office may order an insurer to take reasonably
   37  appropriate corrective action, including rescission of the
   38  policy or contract and a full refund of the premiums paid or the
   39  accumulation value, whichever is greater, for any senior
   40  consumer harmed by a violation of this section by the insurer or
   41  the insurer’s insurance agent.
   42         (b) The department may order:
   43         1. An insurance agent to take reasonably appropriate
   44  corrective action, including monetary restitution of penalties
   45  or fees incurred by the senior consumer, for any senior consumer
   46  harmed by a willful violation of this section by the insurance
   47  agent.
   48         2. A managing general agency or insurance agency that
   49  employs or contracts with an insurance agent to sell or solicit
   50  the sale of annuities to senior consumers to take reasonably
   51  appropriate corrective action for any senior consumer harmed by
   52  a violation of this section by the insurance agent.
   53         (c)The department shall, in addition to any other penalty
   54  authorized under chapter 626, order an insurance agent to pay
   55  restitution to any senior consumer who has been deprived of
   56  money by the agent’s misappropriation, conversion, or unlawful
   57  withholding of moneys belonging to the senior consumer in the
   58  course of a transaction involving annuities. The amount of
   59  restitution required to be paid pursuant to this paragraph may
   60  not exceed the amount misappropriated, converted, or unlawfully
   61  withheld. This paragraph does not limit or restrict a person’s
   62  right to seek other remedies as provided by law.
   63         (d)(c) Any applicable penalty under the Florida Insurance
   64  Code for a violation of paragraph (4)(a), paragraph (4)(b), or
   65  subparagraph (4)(c)2. may be reduced or eliminated, according to
   66  a schedule adopted by the office or the department, as
   67  appropriate, if corrective action for the senior consumer was
   68  taken promptly after a violation was discovered.
   69         (10)An annuity contract issued to a senior consumer may
   70  not contain a surrender or deferred sales charge for a
   71  withdrawal of money from an annuity exceeding 10 percent of the
   72  amount withdrawn. The charge shall be reduced annually by 1
   73  percent so that no surrender or deferred sales charge exists
   74  after the end of the tenth policy year or at any time
   75  thereafter. This subsection does not apply to annuities
   76  purchased by an accredited investor.
   77  
   78  ================= T I T L E  A M E N D M E N T ================
   79         And the title is amended as follows:
   80         Delete lines 34 - 40
   81  and insert:
   82  627.4554, F.S.; defining the term “accredited investor”;
   83  authorizing the Department of Financial Services to order an
   84  insurance agent to pay monetary restitution to a senior consumer
   85  under certain circumstances; limiting the amount of such
   86  restitution; prohibiting an annuity contract issued to a senior
   87  consumer from containing a surrender or deferred sales charge
   88  for withdrawal of funds from an annuity in excess of a specified
   89  maximum amount; providing for the periodic reduction of such
   90  charge; providing for applicability; providing an effective
   91  date.