Senate Bill 2004c1

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    Florida Senate - 1998                           CS for SB 2004

    By the Committee on Banking and Insurance and Senator Burt





    311-1951-98

  1                      A bill to be entitled

  2         An act relating to the Viatical Settlement Act;

  3         amending s. 626.9911, F.S.; modifying

  4         definitions used in the act and adding a

  5         definition of related provider trust; amending

  6         s. 626.9913, F.S.; requiring viatical

  7         settlement providers to file certain

  8         information with the Department of Insurance;

  9         specifying applicability of fee and deposit

10         requirements; amending s. 626.9914, F.S.;

11         specifying liability of a viatical settlement

12         provider for a related provider trust; amending

13         s. 626.9921, F.S.; requiring certain providers

14         to file notice with the department; providing

15         an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Subsections (5) and (6) of section

20  626.9911, Florida Statutes, are amended and subsection (8) is

21  added to that section, to read:

22         626.9911  Definitions.--As used in this act, the term:

23         (5)  "Viatical settlement contract" means a written

24  settlement entered into between a viatical settlement

25  provider, or its related provider trust, and a viator.  The

26  agreement must establish the terms under which the viatical

27  settlement provider will pay compensation or anything of

28  value.

29         (6)  "Viatical settlement provider" means a person who,

30  in this state or from this state, enters into a viatical

31  settlement contract with a viator.  The term does not include:

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    Florida Senate - 1998                           CS for SB 2004
    311-1951-98




  1         (a)  Any bank, savings bank, savings and loan

  2  association, credit union, or other licensed lending

  3  institution that takes an assignment of a life insurance

  4  policy as collateral for a loan;

  5         (b)  A life and health insurer that has lawfully issued

  6  a life insurance policy that provides accelerated benefits to

  7  terminally ill policyholders or certificateholders; or

  8         (c)  Any natural person who enters into no more than

  9  one viatical settlement contract with a viator in 1 calendar

10  year, unless such natural person has previously been licensed

11  under this act or is currently licensed under this act.

12         (d)  A trust that meets the definition of a "related

13  provider trust".

14         (8)  "Related provider trust" means a trust established

15  by a viatical settlement provider for the sole purpose of

16  entering into or owning viatical settlement contracts. A

17  related provider trust shall be subject to all provisions of

18  this act that apply to the viatical settlement provider who

19  established the related provider trust, except s. 626.9912,

20  which shall not be applicable. A viatical settlement provider

21  may establish no more than one related provider trust, and the

22  sole trustee of such related provider trust shall be the

23  viatical settlement provider licensed under s. 626.9912. The

24  name of the licensed viatical settlement provider shall be

25  included within the name of the related provider trust.

26         Section 2.  Subsection (2) of section 626.9913, Florida

27  Statutes, is amended and subsection (4) is added to that

28  section, to read:

29         626.9913  Viatical settlement provider license

30  continuance; annual report; fees; deposit.--

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    Florida Senate - 1998                           CS for SB 2004
    311-1951-98




  1         (2)  Annually, on or before March 1, the viatical

  2  settlement provider licensee shall file a statement containing

  3  information the department requires and shall pay to the

  4  department a license fee in the amount of $500. A viatical

  5  settlement provider shall include in all statements filed with

  6  the department all information requested by the department

  7  regarding a related provider trust established by the viatical

  8  settlement provider. The department may require more frequent

  9  reporting.  Failure to timely file the annual statement or to

10  timely pay the license fee is grounds for immediate suspension

11  of the license.

12         (4)  There shall be no additional annual license fee or

13  deposit requirements under this act for a related provider

14  trust established by a viatical settlement provider.

15         Section 3.  Subsection (4) is added to section

16  626.9914, Florida Statutes, to read:

17         626.9914  Suspension, revocation, or nonrenewal of

18  viatical settlement provider license; grounds; administrative

19  fine.--

20         (4)  If a viatical settlement provider establishes a

21  related provider trust as permitted by this act, the viatical

22  settlement provider shall be liable and responsible for the

23  performance of all obligations of the related provider trust

24  under all viatical settlement contracts entered into by the

25  related provider trust, and for the compliance of the related

26  provider trust with all provisions of this act. Any violation

27  of this act by the related provider trust shall be deemed a

28  violation of this act by the viatical settlement provider as

29  well as the related provider trust. If the related provider

30  trust violates any provisions of this act, the department may

31  exercise all remedies set forth in this act for such

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    Florida Senate - 1998                           CS for SB 2004
    311-1951-98




  1  violations against the viatical settlement provider, as well

  2  as the related provider trust.

  3         Section 4.  Subsection (1) of section 626.9921, Florida

  4  Statutes, is amended, and subsection (3) is added to that

  5  section, to read:

  6         626.9921  Filing of forms; required procedures;

  7  approval.--

  8         (1)  A viatical settlement contract form or related

  9  form may be used in this state only after the viatical

10  settlement provider or related provider trust has filed the

11  form with the department and only after the form has been

12  approved by the department.

13         (3)  If a viatical settlement provider elects to use a

14  related provider trust in accordance with this act, the

15  viatical settlement provider shall file notice of its

16  intention to use a related provider trust with the department,

17  including a copy of the trust agreement of the related

18  provider trust.

19         Section 5.  This act shall take effect July 1, 1998.

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    Florida Senate - 1998                           CS for SB 2004
    311-1951-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2004

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  4  Authorizes a viatical settlement provider to establish a
    "related provider trust" for the sole purpose of entering into
  5  or owning viatical settlement contracts.

  6  Requires the related provider trust to be subject to all
    provisions that apply to viatical settlement providers except
  7  that a separate license would not be required for the trust.
    Only one such trust could be established by a viatical
  8  settlement provider, who would be the sole trustee. The
    licensed provider would be liable and responsible for the
  9  performance of all obligations of the related provider trust
    under all viatical settlement contracts entered into by the
10  trust. Any violation of the act by the related provider trust
    would be deemed a violation of the act by the provider as well
11  as the trust. If the trust violates any provisions of the act,
    the department could exercise all remedies for such violations
12  against the viatical settlement provider, as well as the
    trust. The provider would be required to file notice of its
13  intention to use a related provider trust, including a copy of
    the trust agreement, and include all information requested by
14  the department regarding the trust in all statements filed
    with the department.
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