| 1 | Representative Rivera offered the following: | 
| 2 | 
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| 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 | 
| 6 | 627.404, Florida Statutes, to read: | 
| 7 | 627.404  Insurable interest; personal insurance.-- | 
| 8 | (3)  Any trust, partnership, limited liability company, or | 
| 9 | similar entity that is approved in writing either by a | 
| 10 | charitable organization that meets the requirements of s. | 
| 11 | 501(c)(3) of the Internal Revenue Code of 1986, as amended, or | 
| 12 | by an organization to which a charitable contribution could be | 
| 13 | made under s. 170(c)(1), (2), or (3) of the Internal Revenue | 
| 14 | Code of 1986, as amended, may own or purchase life insurance on | 
| 15 | an insured who consents in writing to the ownership or purchase | 
| 16 | of that insurance, subject to the following: | 
| 17 | (a)  The approved trust, partnership, limited liability | 
| 18 | company, or similar entity must be, in part, formed for the | 
| 19 | purpose of generating funds for one or more organizations that | 
| 20 | meet the requirements of s. 501(c)(3) of the Internal Revenue | 
| 21 | Code of 1986, as amended, or organizations to which a charitable | 
| 22 | contribution could be made under s. 170(c)(1),(2), or (3) of the | 
| 23 | Internal Revenue Code of 1986, as amended, that are designated | 
| 24 | by the individual insureds. | 
| 25 | (b)  The approved trust, partnership, limited liability | 
| 26 | company, or similar entity shall procure or cause to be procured | 
| 27 | the combination of life insurance policies and single premium | 
| 28 | annuity contracts on the life of individual insureds. The | 
| 29 | annuity contracts shall be reasonably anticipated to fund the | 
| 30 | premiums on the life insurance policies for the second and | 
| 31 | succeeding years. | 
| 32 | (c)  The source of at least 99 percent of all funds used by | 
| 33 | the approved trust, partnership, limited liability company, or | 
| 34 | similar entity to procure the life insurance policies and | 
| 35 | annuity contracts must be from qualified institutional buyers as | 
| 36 | defined by Rule 144A of the Federal Securities Act of 1933 or | 
| 37 | must be proceeds from the annuity contracts or other insurance | 
| 38 | policies and interest income on such proceeds. | 
| 39 | (d)  The investment in the approved trust, partnership, | 
| 40 | limited liability company, or similar entity by qualified | 
| 41 | institutional buyers shall be pursuant to a nonpublic offering | 
| 42 | or a public offering through a registered broker or dealer under | 
| 43 | the Securities Exchange Act of 1934. | 
| 44 | (e)  No qualified institutional buyer can procure or hold | 
| 45 | any interest in the life insurance policies or the annuity | 
| 46 | contracts, or the benefits from such policies or contracts, | 
| 47 | except as part of a secured investment, subject to chapter 517 | 
| 48 | or to federal securities laws. | 
| 49 | (f)  The organization that meets the requirements of s. | 
| 50 | 501(c)(3) of the Internal Revenue Code of 1986, as amended, or | 
| 51 | the organization to which a charitable contribution could be | 
| 52 | made under s. 170(c)(1), (2), or (3) of the Internal Revenue | 
| 53 | Code of 1986, as amended, as designated by the individual | 
| 54 | insured, must, at the time of the acquisition of the life | 
| 55 | insurance policy, reasonably anticipate receiving not less than | 
| 56 | 90 percent of the death proceeds of each life insurance policy | 
| 57 | on such individual after the return of the investment and yield | 
| 58 | to the qualified institutional buyers in accordance with the | 
| 59 | securities offering or other disclosure materials. The | 
| 60 | reasonably anticipated minimum percentage or amount of the | 
| 61 | proceeds of the life insurance policies to be ultimately | 
| 62 | received by the designated organization must be included in the | 
| 63 | relevant securities offering or other disclosure materials used | 
| 64 | in any offering. | 
| 65 | (g)  The individual insured and each designated | 
| 66 | organization meeting the requirements of s. 501(c)(3) of the | 
| 67 | Internal Revenue Code of 1986, as amended, or each organization | 
| 68 | to which a charitable contribution could be made under s. | 
| 69 | 170(c)(1), (2), or (3) of the Internal Revenue Code of 1986, as | 
| 70 | amended, must be informed of the minimum percentage or amount of | 
| 71 | the proceeds of the life insurance policy that is reasonably | 
| 72 | anticipated to be ultimately paid to the designated organization | 
| 73 | prior to the ownership or purchase of life insurance on the | 
| 74 | individual insured by the approved trust, partnership, limited | 
| 75 | liability company, or similar entity. | 
| 76 | (h)  The individual insured must provide an affidavit | 
| 77 | stating that neither the individual insured or any relative as | 
| 78 | defined in s. 112.312(21) nor any entity controlled by the | 
| 79 | individual insured or relative, other than an organization | 
| 80 | meeting the requirements of s. 501(c)(3) of the Internal Revenue | 
| 81 | Code of 1986, as amended, or an organization to which a | 
| 82 | charitable contribution could be made under s. 170(c)(1), (2), | 
| 83 | or (3) of the Internal Revenue Code of 1986, as amended, | 
| 84 | received any monetary remuneration in consideration for the | 
| 85 | individual insured's consent to purchase the life insurance | 
| 86 | policy, except third-party expenses incurred in connection with | 
| 87 | the granting of such consent. | 
| 88 | (i)  At the time of the life insurance application, the | 
| 89 | designated organization meeting the requirements of s. 501(c)(3) | 
| 90 | of the Internal Revenue Code of 1986, as amended, or the | 
| 91 | organization to which a charitable contribution could be made | 
| 92 | under s. 170(c)(1), (2), or (3) of the Internal Revenue Code of | 
| 93 | 1986, as amended, must have been in existence for three years | 
| 94 | and must have assets in excess of $5 million, or the individual | 
| 95 | insured must be an accredited investor as defined by Rule 501 of | 
| 96 | Regulation D of the Federal Securities Act of 1933. | 
| 97 | (4)  With respect to the designated trust, partnership, | 
| 98 | limited liability company, or similar entity described in | 
| 99 | subsection (3), except in the case of a material default or | 
| 100 | commencement of a delinquency proceeding of the life insurer or | 
| 101 | the annuity company, or in the case of the life insurer or | 
| 102 | annuity company exercising its right to contest the life | 
| 103 | insurance policy or annuity contract: | 
| 104 | (a)  The life insurance policies procured or caused to be | 
| 105 | procured by such entity may not be assigned or transferred by | 
| 106 | such entity; | 
| 107 | (b)  The ownership or beneficiary designation in favor of | 
| 108 | such entity of the life insurance policies procured or caused to | 
| 109 | be procured by such entity may not be changed; or | 
| 110 | (c)  A policy loan under the life insurance policies | 
| 111 | procured or caused to be procured by such entity may not be | 
| 112 | taken out by such entity, | 
| 113 | 
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| 114 | unless such entity applies for and obtains a license pursuant to | 
| 115 | the provisions of s. 626.9912 prior to such transfer of | 
| 116 | ownership, change in beneficiary, or policy loan. | 
| 117 | 
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| 118 | 
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| 119 | ================= T I T L E  A M E N D M E N T ================= | 
| 120 | On page 2, remove line 21 and insert: | 
| 121 | the provision; amending s. 627.404, F.S.; authorizing certain | 
| 122 | entities to purchase or own life insurance policies on insureds | 
| 123 | under certain circumstances; providing criteria and | 
| 124 | requirements; providing limitations; providing an exception; | 
| 125 | amending s. 627.4091, F.S.; |