HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Insurance offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Subsections (8), (9), (10), (14), and (15)
18  of section 626.9911, Florida Statutes, are amended to read:
19         626.9911  Definitions.--As used in this act, the term:
20         (8)  "Related provider trust" means a titling trust or
21  other trust established by a licensed viatical settlement
22  provider or a financing entity for the sole purpose of holding
23  the ownership or beneficial interest in purchased policies in
24  connection with a financing transaction.  The trust must have
25  a written agreement with a licensed viatical settlement
26  provider or financing entity under which the licensed viatical
27  settlement provider or financing entity is responsible for
28  insuring compliance with all statutory and regulatory
29  requirements and under which the trust agrees to make all
30  records and files relating to viatical settlement transactions
31  available to the department as if those records and files were
                                  1
    File original & 9 copies    04/12/01                          
    hin0002                     05:58 pm         01507-in  -883055
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No. 1 (for drafter's use only)
 1  maintained directly by the licensed viatical settlement
 2  provider entering into or owning viatical settlement
 3  contracts. This term does not include an independent
 4  third-party trustee or escrow agent or a trust that does not
 5  enter into agreements with a viator. A related provider trust
 6  shall be subject to all provisions of this act that apply to
 7  the viatical settlement provider who established the related
 8  provider trust, except s. 626.9912, which shall not be
 9  applicable. A viatical settlement provider may establish no
10  more than one related provider trust, and the sole trustee of
11  such related provider trust shall be the viatical settlement
12  provider licensed under s. 626.9912. The name of the licensed
13  viatical settlement provider shall be included within the name
14  of the related provider trust.
15         (9)  "Viatical settlement purchase agreement" means a
16  contract or agreement, entered into by a viatical settlement
17  purchaser, to which the viator is not a party, to purchase a
18  life insurance policy or an interest in a life insurance
19  policy, which is entered into for the purpose of deriving an
20  economic benefit.  The term also includes purchases made in
21  the secondary market, that is, purchases from any person other
22  than the provider who effectuated the viatical settlement
23  contract.
24         (10)  "Viatical settlement purchaser" means a person
25  who gives a sum of money as consideration for a life insurance
26  policy or an equitable or legal interest in the death benefits
27  of a life insurance policy which has been or will be the
28  subject of a viatical settlement contract, for the purpose of
29  deriving an economic benefit, including purchases made in the
30  secondary market, that is, purchases from any person other
31  than the provider who effectuated the viatical settlement
                                  2
    File original & 9 copies    04/12/01                          
    hin0002                     05:58 pm         01507-in  -883055
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No. 1 (for drafter's use only)
 1  contract or an entity affiliated with the provider.
 2         The term does not include ,other than a licensee under
 3  this part, an accredited investor as defined in Rule 501,
 4  Regulation D of the Securities Act Rules, or a qualified
 5  institutional buyer as defined by Rule 144(a) of the Federal
 6  Securities Act, or a special purpose entity who gives a sum of
 7  money as consideration for a life insurance policy or an
 8  equitable or legal interest in the death benefits of a life
 9  insurance policy which has been or will be the subject of a
10  viatical settlement contract, for the purpose of deriving an
11  economic benefit.
12         The above references to Rule 501, Regulation D and Rule
13  144(a) of the Federal Securities Act are used strictly for
14  defining purposes and shall not be interpreted in any other
15  manner. Any person who claims to be an accredited investor
16  shall sign an affidavit stating that he or she is an
17  accredited investor, the basis of that claim, and that he or
18  she understands that as an accredited investor he or she will
19  not be entitled to certain protections of the Viatical Act.
20  This affidavit must be kept with other documents required to
21  be maintained by this act.
22         (14)  "Special purpose entity" means an entity
23  established by a licensed viatical settlement provider, which
24  may be a corporation, partnership, trust, limited liability
25  company, or other similar entity formed solely to provide,
26  either directly or indirectly, access to act as a vehicle to
27  permit a lender to the provider to access institutional
28  capital markets to a viatical settlement for the provider or a
29  financing entity. A special purpose entity shall not enter
30  into a viatical settlement contract or a viatical settlement
31  purchase agreement.
                                  3
    File original & 9 copies    04/12/01                          
    hin0002                     05:58 pm         01507-in  -883055
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No. 1 (for drafter's use only)
 1         (15)  "Financing entity" means an underwriter,
 2  placement agent, lender, purchaser of securities, or purchaser
 3  of a policy or certificate from a viatical settlement
 4  provider, credit enhancer, or any entity person that may be a
 5  party to a viatical settlement contract and that has direct
 6  ownership in a policy or certificate that is the subject of a
 7  viatical settlement contract, but whose principal sole
 8  activity related to the transaction is providing funds or
 9  credit enhancement to effect the viatical settlement and who
10  has an agreement in writing with one or more licensed viatical
11  settlement providers a licensed viatical settlement provider
12  to act as a participant in a financing transaction. The term
13  does not include a nonaccredited investor, a viatical
14  settlement purchaser, or other natural person.  A financing
15  entity shall not enter into a viatical settlement contract.
16         Section 2.  Subsection (1) of section 626.9921, Florida
17  Statutes, is amended to read:
18         626.9921  Filing of forms; required procedures;
19  approval.--
20         (1)  A viatical settlement contract form, viatical
21  settlement purchase agreement form, escrow form, or related
22  form may be used in this state only after the viatical
23  settlement provider or any related provider trust has filed
24  the form has been filed with the department and only after the
25  form has been approved by the department.
26         Section 3.  Subsection (3) is added to section
27  626.99235, Florida Statutes, to read: 626.99235  Disclosures
28  to viatical settlement purchasers; misrepresentations.--
29         (3)  The requirements of this section also apply to
30  purchases made in the secondary market, which involve
31  purchases from any person other than the provider who
                                  4
    File original & 9 copies    04/12/01                          
    hin0002                     05:58 pm         01507-in  -883055
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No. 1 (for drafter's use only)
 1  effectuated the viatical settlement contract.
 2         Section 4.  Section 626.99236, Florida Statutes, is
 3  amended to read:
 4         626.99236  Further disclosures to viatical settlement
 5  purchasers.--
 6         (1)  No later than 5 days prior to the assignment,
 7  transfer, sale, devise, or bequest of the death benefit or
 8  ownership of all or a portion of the insurance policy or
 9  certificate of insurance to the purchaser, the viatical
10  settlement provider and the viatical settlement sales agent,
11  themselves, itself or through another person, shall provide in
12  writing the following disclosures to any viatical settlement
13  purchaser:
14         (a)  All the life expectancy certifications obtained by
15  the provider.
16         (b)  The name and address of the insurance company, the
17  policy number, and the date of original issue of the
18  viaticated policy.
19         (c)  The experience and qualifications of the person
20  issuing the life expectancy certification, and that person's
21  relationship to the viatical settlement provider, the viatical
22  settlement broker, the viatical settlement sales agent, and
23  the viator.
24         (d)  The name and address of any person providing
25  escrow services, and that person's relationship to the
26  viatical settlement provider, the viatical settlement broker,
27  the viatical settlement sales agent, and the viator.
28         (e)  The type of life insurance policy offered or sold,
29  including a statement as to whether the policy is whole life,
30  term life, universal life, or a group policy certificate; a
31  statement as to whether the policy is in lapse status or has
                                  5
    File original & 9 copies    04/12/01                          
    hin0002                     05:58 pm         01507-in  -883055
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No. 1 (for drafter's use only)
 1  lapsed in the last 2 years; and a statement as to whether the
 2  purchaser is entitled to benefits contained in the policy
 3  other than the death benefit of the policy.
 4         (f)  The procedure to be used by the provider to
 5  provide the status of the health condition of the insured to a
 6  purchaser.
 7         (2)  The viatical settlement purchase agreement is
 8  voidable by the purchaser at any time within 3 days after the
 9  disclosures mandated by this section are received by the
10  purchaser.
11         (3)  At the time the disclosures in subsection (1) are
12  made, the viatical settlement purchaser shall be advised to
13  seek independent financial advice from a person not
14  compensated by the viatical settlement provider or viatical
15  settlement broker or the viatical settlement sales agent. The
16  viatical settlement purchaser shall sign an affidavit that he
17  or she has received the disclosures and understands their
18  importance.
19         (4)  A viatical settlement purchase transaction in the
20  secondary market, which involves purchases from any person
21  other than the provider who effectuated the viatical
22  settlement contract, may be completed only through the use of
23  an independent third-party trustee or escrow agent.  All funds
24  to be paid by the purchaser must be deposited by the purchaser
25  with the independent third-party trustee or escrow agent.  The
26  independent third-party trustee or escrow agent shall not
27  release the deposited funds to the seller until after the 3
28  day voidable period established by subsection (2) has expired.
29         (5)  The requirements of subsections (1), (2), and (3)
30  of this section also apply to purchases made in the secondary
31  market, which involve purchases occurring from any person
                                  6
    File original & 9 copies    04/12/01                          
    hin0002                     05:58 pm         01507-in  -883055
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No. 1 (for drafter's use only)
 1  other than the provider who effectuated the viatical
 2  settlement contract.
 3         Section 5.  Subsection (10) is added to section
 4  626.9924, Florida Statutes, to read: 626.9924  Viatical
 5  settlement contracts; procedures; rescission.--
 6         (10)  The viatical settlement provider who effectuated
 7  the viatical settlement contract with the viator (the "initial
 8  provider") is responsible for tracking the insured, including
 9  but not limited to, keeping track of the insured's whereabouts
10  and health status, submission of death claims or assisting the
11  beneficiary in the submission of death claims, and the status
12  of the payment of premiums until the death of the insured.
13  This responsibility may be contracted out to a third party,
14  however, the ultimate responsibility remains with the initial
15  provider.  This responsibility continues with the initial
16  provider, notwithstanding any transfers of the viaticated
17  policy in the secondary market.  This subsection only applies
18  to those viaticated policies that are, or are to become, the
19  subject of viatical settlement purchase agreements.
20         Section 6.  Subsection (3) is added to section
21  626.9945, Florida Statutes, to read: 626.99245  Conflict of
22  regulation of viaticals.--
23         (3)  This section does not affect the requirements of
24  ss. 626.9911(6) and 626.9912(1) that a viatical settlement
25  provider doing business from this state must obtain a viatical
26  settlement license from the department.  "Doing business from
27  this state" includes effectuating viatical settlement
28  contracts and effectuating viatical settlement purchase
29  agreements from offices in this state, regardless of the state
30  of residence of the viator or the viatical settlement
31  purchaser.
                                  7
    File original & 9 copies    04/12/01                          
    hin0002                     05:58 pm         01507-in  -883055
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No. 1 (for drafter's use only)
 1         Section 7.  This act shall take effect July 1, 2001.
 2  
 3  
 4  ================ T I T L E   A M E N D M E N T ===============
 5  And the title is amended as follows:
 6         On page 1,
 7  remove from the title of the bill:  The entire title
 8  
 9  and insert in lieu thereof:
10                  A bill to be entitled
11         An act relating to viatical settlement
12         contracts; amending s. 626.9911, F.S.; revising
13         definitions; amending s. 626.9921, F.S.;
14         providing for approval of forms; amending s.
15         626.99235, F.S.; providing for applicability to
16         purchase in the secondary market; amending s.
17         626.99236, F.S.; requiring certain purchases to
18         be handled by an independent third party
19         trustee; amending s. 626.9924, F.S.; providing
20         additional responsibilities of viatical
21         settlement provider; amending s. 626.99245,
22         F.S.; clarifying application of licensing
23         requirements to viatical settlement providers;
24         providing an effective date.
25  
26  
27  
28  
29  
30  
31  
                                  8
    File original & 9 copies    04/12/01                          
    hin0002                     05:58 pm         01507-in  -883055