The Florida Senate

626.9912  Viatical settlement provider license required; application for license.--

(1)  After July 1, 1996, a person may not perform the functions of a viatical settlement provider as defined in this act or enter into or solicit a viatical settlement contract without first having obtained a license from the department.

(2)  Application for a viatical settlement provider license must be made to the department by the applicant on a form prescribed by the department, under oath and signed by the applicant. The application must be accompanied by a fee of $500. If the applicant is a corporation, the application must be under oath and signed by the president and the secretary of the corporation.

(3)  In the application, the applicant must provide all of the following:

(a)  The applicant's full name, age, residence address, and business address, and all occupations engaged in by the applicant during the 5 years preceding the date of the application.

(b)  A copy of the applicant's basic organizational documents, if any, including the articles of incorporation, articles of association, partnership agreement, trust agreement, or other similar documents, together with all amendments to such documents.

(c)  Copies of all bylaws, rules, regulations, or similar documents regulating the conduct of the applicant's internal affairs.

(d)  A list showing the name, business and residence addresses, and official position of each individual who is responsible for conduct of the applicant's affairs, including, but not limited to, any member of the applicant's board of directors, board of trustees, executive committee, or other governing board or committee and any other person or entity owning or having the right to acquire 10 percent or more of the voting securities of the applicant.

(e)  With respect to each individual identified under paragraph (d):

1.  A sworn biographical statement on forms supplied by the department.

2.  A set of fingerprints on forms prescribed by the department, certified by a law enforcement officer, and accompanied by the fingerprinting fee specified in s. 624.501.

3.  Authority for release of information relating to the investigation of the individual's background.

(f)  All applications, viatical settlement contract forms, rating manuals, and other related forms proposed to be used by the applicant.

(g)  Such other information as the department deems necessary to determine that the applicant and the individuals identified under paragraph (d) are competent and trustworthy and can lawfully and successfully act as a viatical settlement provider.

(4)  The department may not issue a license to an entity other than a natural person if it is not satisfied that all officers, directors, employees, stockholders, and partners who exercise or have the ability to exercise effective control of the entity or who have the ability to influence the transaction of business by the entity meet the standards of this act and have not violated any provision of this act or rules of the department related to the business of viatical settlement contracts.

(5)  Upon the filing of a sworn application and the payment of the license fee, the department shall investigate each applicant and may issue the applicant a license if the department finds that the applicant:

(a)  Has provided a detailed plan of operation.

(b)  Is competent and trustworthy and intends to act in good faith in the business authorized by the license applied for; however, for purposes of this act, including this paragraph, a person shall not be deemed to be incompetent and untrustworthy solely for any felony committed more than 5 years before licensure if the person has had his or her civil rights restored by the Governor and Cabinet with respect to such felony.

(c)  Has a good business reputation and has had experience, training, or education that qualifies the applicant to conduct the business authorized by the license applied for.

(d)  If the applicant is a corporation, is a corporation incorporated under the laws of this state, or is a foreign corporation authorized to transact business in this state.

(e)  Has designated the Insurance Commissioner and Treasurer as its agent for service of process.

(f)  Has made the deposit required by s. 626.9913(3).

History.--s. 3, ch. 96-336.