House Bill hb1507

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    Florida House of Representatives - 2001                HB 1507

        By Representative Bennett






  1                      A bill to be entitled

  2         An act relating to viatical settlement

  3         contracts; amending s. 626.9911, F.S.; revising

  4         a definition; amending s. 626.9924, F.S.;

  5         providing additional responsibilities of a

  6         viatical settlement provider; amending s.

  7         626.99245, F.S.; clarifying application of

  8         licensing requirements to viatical settlement

  9         providers; creating s. 626.99297, F.S.;

10         providing a grace period for certain unlicensed

11         viatical settlement providers under certain

12         circumstances; amending s. 627.601, F.S.;

13         excluding from application certain contracts

14         providing for accelerating death benefits under

15         certain circumstances; providing an effective

16         date.

17

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

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20         Section 1.  Subsection (6) of section 626.9911, Florida

21  Statutes, is amended to read:

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

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

24  in this state, from this state, or with a resident of this

25  state, effectuates a viatical settlement contract or who

26  engages in the business of purchasing, securing, or otherwise

27  acquiring viaticated policies or interests in viaticated

28  policies which ultimately become the subject of viatical

29  settlement purchase agreements.  The term does not include:

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

31  association, credit union, or other licensed lending

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    Florida House of Representatives - 2001                HB 1507

    750-115-01






  1  institution that takes an assignment of a life insurance

  2  policy as collateral for a loan;

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

  4  a life insurance policy that provides accelerated benefits to

  5  terminally ill policyholders or certificateholders; or

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

  7  one viatical settlement contract with a viator in 1 calendar

  8  year, unless such natural person has previously been licensed

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

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

11  provider trust."

12         (e)  A viator in this state.

13         (f)  A viatical settlement purchaser.

14         (g)  A financing entity.

15         Section 2.  Subsection (10) is added to section

16  626.9924, Florida Statutes, to read:

17         626.9924  Viatical settlement contracts; procedures;

18  rescission.--

19         (10)  The viatical settlement provider who effectuated

20  the viatical settlement contract with the viator is

21  responsible for tracking the insured, which, for purposes of

22  this subsection, means keeping track of the insured's

23  whereabouts and health status, submission of death claims, and

24  payment of premiums until the death of the insured.  This

25  responsibility may be contracted out to a third party;

26  however, the ultimate responsibility remains with the viatical

27  settlement provider.  This responsibility continues with the

28  initial viatical settlement provider, notwithstanding any

29  transfers of the viaticated policy in the secondary market.

30         Section 3.  Subsection (3) is added to section

31  626.99245, Florida Statutes, to read:

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    Florida House of Representatives - 2001                HB 1507

    750-115-01






  1         626.99245  Conflict of regulation of viaticals.--

  2         (3)  This section does not impact the requirement of

  3  ss. 626.9911(6) and 626.9912(1) that a viatical settlement

  4  provider doing business from this state must obtain a viatical

  5  settlement license from the department.  For purposes of this

  6  subsection, "doing business from this state" means

  7  effectuating viatical settlement contracts and effectuating

  8  viatical settlement purchase agreements from offices in this

  9  state, regardless of the state of residence of the viator or

10  the viatical settlement purchaser.

11         Section 4.  Section 626.99297, Florida Statutes, is

12  created to read:

13         626.99297  Grace period for unlicensed viatical

14  settlement provider.--An unlicensed viatical settlement

15  provider that was legally transacting business in this state

16  on June 30, 2001, may continue to transact such business, in

17  the absence of any orders by the department to the contrary,

18  until the department approves or disapproves the viatical

19  settlement provider's application for licensure if the

20  viatical settlement provider files with the department an

21  application for licensure no later than August 1, 2001, and if

22  the viatical settlement provider complies with all other

23  provisions of this part.

24         Section 5.  Subsection (3) of section 627.601, Florida

25  Statutes, is amended to read:

26         627.601  Scope of this part.--Nothing in this part

27  applies to or affects:

28         (3)  Life insurance, endowment, or annuity contracts,

29  or contracts supplemental thereto, which contain only

30  provisions relating to health insurance that:

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    Florida House of Representatives - 2001                HB 1507

    750-115-01






  1         (a)  Provide additional benefits in case of death or

  2  dismemberment or loss of sight by accident or accidental

  3  means; or

  4         (b)  Operate to safeguard the contract against lapse,

  5  or to give a special surrender value or special benefit or an

  6  annuity if the insured or annuitant becomes totally and

  7  permanently disabled, as defined by the contract or

  8  supplemental contract; or

  9         (c)  Provide, at no additional cost, the right to

10  accelerate death benefits of a life insurance contract, based

11  upon health conditions as defined in the contract.

12         Section 6.  This act shall take effect July 1, 2001.

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15                          HOUSE SUMMARY

16
      Makes the viatical settlement provider who effectuates a
17    contract responsible for keeping track of an insured.
      Clarifies licensing requirements for viatical settlement
18    providers and provides a grace period for unlicensed
      viatical settlement providers legally transacting
19    business in this state for becoming licensed. Excludes
      from provisions of the Insurance Code relating to health
20    insurance, life insurance, endowment, or annuity
      contracts containing only health insurance provisions
21    providing a right to accelerate death benefits. See bill
      for details.
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