Amendment
Bill No. 2038
Amendment No. 123833
CHAMBER ACTION
Senate House
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1Representative Rivera offered the following:
2
3     Amendment (with title amendment)
4     On page 28, between lines 27 and 28, insert:
5     Section 12.  Subsections (3) and (4) are added to section
6627.404, Florida Statutes, to read:
7     627.404  Insurable interest; personal insurance.--
8     (3)  Any trust, partnership, limited liability company, or
9similar entity that is approved in writing either by a
10charitable organization that meets the requirements of s.
11501(c)(3) of the Internal Revenue Code of 1986, as amended, or
12by an organization to which a charitable contribution could be
13made under s. 170(c)(1), (2), or (3) of the Internal Revenue
14Code of 1986, as amended, may own or purchase life insurance on
15an insured who consents in writing to the ownership or purchase
16of that insurance, subject to the following:
17     (a)  The approved trust, partnership, limited liability
18company, or similar entity must be, in part, formed for the
19purpose of generating funds for one or more organizations that
20meet the requirements of s. 501(c)(3) of the Internal Revenue
21Code of 1986, as amended, or organizations to which a charitable
22contribution could be made under s. 170(c)(1),(2), or (3) of the
23Internal Revenue Code of 1986, as amended, that are designated
24by the individual insureds.
25     (b)  The approved trust, partnership, limited liability
26company, or similar entity shall procure or cause to be procured
27the combination of life insurance policies and single premium
28annuity contracts on the life of individual insureds. The
29annuity contracts shall be reasonably anticipated to fund the
30premiums on the life insurance policies for the second and
31succeeding years.
32     (c)  The source of at least 99 percent of all funds used by
33the approved trust, partnership, limited liability company, or
34similar entity to procure the life insurance policies and
35annuity contracts must be from qualified institutional buyers as
36defined by Rule 144A of the Federal Securities Act of 1933 or
37must be proceeds from the annuity contracts or other insurance
38policies and interest income on such proceeds.
39     (d)  The investment in the approved trust, partnership,
40limited liability company, or similar entity by qualified
41institutional buyers shall be pursuant to a nonpublic offering
42or a public offering through a registered broker or dealer under
43the Securities Exchange Act of 1934.
44     (e)  No qualified institutional buyer can procure or hold
45any interest in the life insurance policies or the annuity
46contracts, or the benefits from such policies or contracts,
47except as part of a secured investment, subject to chapter 517
48or to federal securities laws.
49     (f)  The organization that meets the requirements of s.
50501(c)(3) of the Internal Revenue Code of 1986, as amended, or
51the organization to which a charitable contribution could be
52made under s. 170(c)(1), (2), or (3) of the Internal Revenue
53Code of 1986, as amended, as designated by the individual
54insured, must, at the time of the acquisition of the life
55insurance policy, reasonably anticipate receiving not less than
5690 percent of the death proceeds of each life insurance policy
57on such individual after the return of the investment and yield
58to the qualified institutional buyers in accordance with the
59securities offering or other disclosure materials. The
60reasonably anticipated minimum percentage or amount of the
61proceeds of the life insurance policies to be ultimately
62received by the designated organization must be included in the
63relevant securities offering or other disclosure materials used
64in any offering.
65     (g)  The individual insured and each designated
66organization meeting the requirements of s. 501(c)(3) of the
67Internal Revenue Code of 1986, as amended, or each organization
68to which a charitable contribution could be made under s.
69170(c)(1), (2), or (3) of the Internal Revenue Code of 1986, as
70amended, must be informed of the minimum percentage or amount of
71the proceeds of the life insurance policy that is reasonably
72anticipated to be ultimately paid to the designated organization
73prior to the ownership or purchase of life insurance on the
74individual insured by the approved trust, partnership, limited
75liability company, or similar entity.
76     (h)  The individual insured must provide an affidavit
77stating that neither the individual insured or any relative as
78defined in s. 112.312(21) nor any entity controlled by the
79individual insured or relative, other than an organization
80meeting the requirements of s. 501(c)(3) of the Internal Revenue
81Code of 1986, as amended, or an organization to which a
82charitable contribution could be made under s. 170(c)(1), (2),
83or (3) of the Internal Revenue Code of 1986, as amended,
84received any monetary remuneration in consideration for the
85individual insured's consent to purchase the life insurance
86policy, except third-party expenses incurred in connection with
87the granting of such consent.
88     (i)  At the time of the life insurance application, the
89designated organization meeting the requirements of s. 501(c)(3)
90of the Internal Revenue Code of 1986, as amended, or the
91organization to which a charitable contribution could be made
92under s. 170(c)(1), (2), or (3) of the Internal Revenue Code of
931986, as amended, must have been in existence for three years
94and must have assets in excess of $5 million, or the individual
95insured must be an accredited investor as defined by Rule 501 of
96Regulation D of the Federal Securities Act of 1933.
97     (4)  With respect to the designated trust, partnership,
98limited liability company, or similar entity described in
99subsection (3), except in the case of a material default or
100commencement of a delinquency proceeding of the life insurer or
101the annuity company, or in the case of the life insurer or
102annuity company exercising its right to contest the life
103insurance policy or annuity contract:
104     (a)  The life insurance policies procured or caused to be
105procured by such entity may not be assigned or transferred by
106such entity;
107     (b)  The ownership or beneficiary designation in favor of
108such entity of the life insurance policies procured or caused to
109be procured by such entity may not be changed; or
110     (c)  A policy loan under the life insurance policies
111procured or caused to be procured by such entity may not be
112taken out by such entity,
113
114unless such entity applies for and obtains a license pursuant to
115the provisions of s. 626.9912 prior to such transfer of
116ownership, change in beneficiary, or policy loan.
117
118
119================= T I T L E  A M E N D M E N T =================
120     On page 2, remove line 21 and insert:
121the provision; amending s. 627.404, F.S.; authorizing certain
122entities to purchase or own life insurance policies on insureds
123under certain circumstances; providing criteria and
124requirements; providing limitations; providing an exception;
125amending s. 627.4091, F.S.;


CODING: Words stricken are deletions; words underlined are additions.