Senate Bill 2402

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    Florida Senate - 1999                                  SB 2402

    By Senator Rossin





    35-1162A-99

  1                      A bill to be entitled

  2         An act relating to insurance; requiring certain

  3         disclosures relating to insurance sold in

  4         connection with an extension of credit;

  5         providing disclosure requirements regarding the

  6         sale of life insurance and annuities by

  7         financial institutions; providing guidelines

  8         regarding the sale of insurance on the premises

  9         of a financial institution; requiring certain

10         persons associated with financial institutions

11         to be licensed; authorizing referral fees;

12         repealing s. 626.988, F.S., relating to

13         prohibition of insurance activities by persons

14         employed or associated with financial

15         institutions; providing 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.  This act may be cited as "The Florida

20  Insurance Consumers Protection Act."

21         Section 2.  Choice of Insurance Provider.--Any

22  insurance agent or agency that offers, solicits, or sells

23  insurance in this state in connection with insurance required

24  for a loan or extension of credit must disclose to customers

25  that insurance may be purchased from an agent or insurance

26  company of the customer's choice and that the customer's

27  choice shall not affect the customer's credit relationship

28  with the financial institution, including the decision to

29  grant or to deny the application for a loan or extension of

30  credit. For purposes of this section, loans and extension of

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    Florida Senate - 1999                                  SB 2402
    35-1162A-99




  1  credit do not include financing in connection with the

  2  insurance product being offered or sold.

  3         Section 3.  Disclosure of Investment Risk.--A financial

  4  institution that sells or solicits life insurance and

  5  annuities, or any licensed agent that sells or solicits life

  6  insurance and annuities recommended or sponsored by a

  7  financial institution, or that sells or solicits life

  8  insurance and annuities on the premises of a financial

  9  institution must disclose in writing to customers, including

10  in any advertisement or promotional material, and orally

11  during any customer contact, that any life insurance annuity

12  offered, recommended, sponsored, or sold:

13         (1)  Is not a deposit;

14         (2)  Is not insured by the Federal Deposit Insurance

15  Corporation;

16         (3)  Is not guaranteed by any insured depository

17  institution; and

18         (4)  Where appropriate, involves investment risk,

19  including potential loss of principle.

20         Section 4.  Minimizing Confusion.--To the extent

21  practicable, sales of insurance on the premises of a financial

22  institution must take place in a manner that minimizes

23  customer confusion between deposit and credit products offered

24  by the financial institution and insurance products. A

25  financial institution may comply with this section if it uses

26  signs clearly visible to its customers that distinguish

27  insurance products from deposit and credit products.

28         Section 5.  License Requirement.--A person associated

29  with a financial institution may not offer, solicit, or sell

30  insurance in this state unless that person has complied with

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    Florida Senate - 1999                                  SB 2402
    35-1162A-99




  1  all applicable state insurance licensing and appointment laws

  2  and regulations.

  3         Section 6.  Referral Fees.--A referral fee may be paid

  4  to a person not licensed to sell insurance if the person

  5  provides no opinions or advice regarding insurance and the fee

  6  is not based upon the consummation of an insurance

  7  transaction.

  8         Section 7.  Section 626.988 is repealed.

  9         Section 8.  This act shall take effect upon becoming a

10  law.

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13                          SENATE SUMMARY

14    Repeals a provision that prohibits insurance activities
      by persons employed by or associated with financial
15    institutions, and establishes disclosure requirements and
      other guidelines for the sale of insurance by such
16    persons. (See bill for details.)

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