Senate Bill sb1616c1

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    Florida Senate - 2005                           CS for SB 1616

    By the Committee on Banking and Insurance; and Senator Atwater





    597-2155-05

  1                      A bill to be entitled

  2         An act relating to insurable interests;

  3         amending s. 627.404, F.S.; authorizing a trust,

  4         partnership, limited liability company, or

  5         similar entity approved by a university meeting

  6         specified criteria to own or purchase life

  7         insurance on a consenting person; prescribing

  8         guidelines and requirements for such life

  9         insurance; requiring approval by the Department

10         of Financial Services; providing an effective

11         date.

12  

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

14  

15         Section 1.  Subsection (3) is added to section 627.404,

16  Florida Statutes, to read:

17         627.404  Insurable interest; personal insurance.--

18         (3)(a)  Any trust, partnership, limited liability

19  company, or similar entity that is approved in writing either

20  by a public or private university in this state which receives

21  state funds, or its affiliated foundations, and meets the

22  requirements of s. 501(c)(3) of the Internal Revenue Code of

23  1986, as amended, or a public or private university in this

24  state which receives state funds, or its affiliated

25  foundation, to which a charitable contribution could be made

26  under s. 170(c)(1), (2), or (3) of the Internal Revenue Code

27  of 1986, as amended, may own or purchase life insurance on an

28  insured who consents in writing to the ownership or purchase

29  of that insurance, subject to the following: 

30         1.  The approved trust, partnership, limited liability

31  company, or similar entity must be, in part, formed for the

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    Florida Senate - 2005                           CS for SB 1616
    597-2155-05




 1  purpose of generating funds for one or more designated public

 2  or private universities in this state which receive state

 3  funds or their affiliated foundations.

 4         2.  The approved trust, partnership, limited liability

 5  company, or similar entity must procure or cause to be

 6  procured a combination of life insurance policies and annuity

 7  contracts on the life of consenting individual insureds.

 8  Payments under the annuity contracts must be reasonably

 9  anticipated to fund the premiums on the life insurance

10  policies for the second and succeeding years.

11         3.  At least 99 percent of all funds used by the

12  approved trust, partnership, limited liability company, or

13  similar entity to procure the life insurance policies and

14  annuity contracts must be from qualified institutional buyers

15  as defined by Rule 144A of the Federal Securities Act of 1933

16  or proceeds from annuity contracts or other insurance policies

17  procured with the funds invested by qualified institutional

18  buyers, and interest income thereon.

19         4.  The investment in the approved trust, partnership,

20  limited liability company, or similar entity by qualified

21  institutional buyers shall be pursuant to a nonpublic offering

22  or a public offering through a registered broker/dealer under

23  the Securities Exchange Act of 1934.

24         5.  A qualified institutional buyer may not procure or

25  hold any direct interest in the life insurance policies or the

26  annuity contracts, or the benefits therefrom, except as part

27  of a securitized transaction, subject to chapter 517 or to

28  federal securities laws.

29         6.  The public or private university in this state

30  which receives state funds or its affiliated foundations as

31  designated by the individual insured must, at the time of the

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    Florida Senate - 2005                           CS for SB 1616
    597-2155-05




 1  acquisition of the life insurance policies by the approved

 2  trust, partnership, limited liability company, or similar

 3  entity, reasonably anticipate receiving death benefit proceeds

 4  of each life insurance policy on such individual insured after

 5  the return of the amount invested and yield accrued and

 6  payable to the qualified institutional buyers in accordance

 7  with the securities offering or other disclosure materials.

 8  The reasonably anticipated minimum percentage or amount of the

 9  death benefit proceeds of the life insurance policies to be

10  ultimately received by the designated public or private

11  university in this state which receives state funds or its

12  affiliated foundations must be disclosed in the relevant

13  securities offering or other disclosure materials used in any

14  offering.

15         7.  The individual insured and each designated public

16  or private university in this state which receives state funds

17  or its affiliated foundations must be informed prior to the

18  ownership or purchase of life insurance on the individual

19  insured by the approved trust, partnership, limited liability

20  company, or similar entity of the minimum percentage or amount

21  of the proceeds of the life insurance policy which is

22  reasonably anticipated to be ultimately paid to the designated

23  organization.

24         8.  The individual insured must provide an affidavit

25  stating that neither the individual insured, nor any relative

26  of the individual insured as defined in s. 112.312(21), nor

27  any entity controlled by the individual insured or relative,

28  other than a public or private university in this state which

29  receives state funds or its affiliated foundations, received

30  any monetary remuneration in consideration for the individual

31  insured's consent to purchase the life insurance policy,

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    Florida Senate - 2005                           CS for SB 1616
    597-2155-05




 1  except third-party expenses incurred in connection with the

 2  grant of such consent. Any insurance or annuity product

 3  purchased in conjunction with a transaction authorized by this

 4  section shall be purchased through an agent licensed in this

 5  state. At the time of the transaction, the insured must have a

 6  minimum net worth of $5 million.

 7         (b)  Transactions involving the procurement or funding

 8  of the procurement of a life insurance policy or annuity

 9  contract pursuant to paragraph (a) are prohibited without the

10  prior approval of the Department of Financial Services in

11  consultation with the Office of Financial Regulation and the

12  Office of Insurance Regulation, which approval may be provided

13  only upon a determination that the planned transaction meets

14  the requirements of paragraph (a), is fiscally prudent, and is

15  determined to be in the best interest of the people of this

16  state. Upon approval, a trust, partnership, limited liability

17  company, or similar entity that meets the requirements of

18  paragraph (a) has an insurable interest in the life of the

19  individual insured.

20         (c)  With respect to the approved trust, partnership,

21  limited liability company, or similar entity described in

22  paragraph (a), except in the case of a material default of, or

23  commencement of a delinquency proceeding against, the life

24  insurer or annuity company, or the life insurer or annuity

25  company exercising its right to contest the life insurance

26  policy or annuity contract:

27         1.  The life insurance policies procured or caused to

28  be procured by such entity may not be assigned or transferred

29  by such entity;

30  

31  

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    Florida Senate - 2005                           CS for SB 1616
    597-2155-05




 1         2.  The ownership or beneficiary designation in favor

 2  of such entity of the life insurance policies procured or

 3  caused to be procured by such entity may not be changed; or

 4         3.  A policy loan under the life insurance policies

 5  procured or caused to be procured by such entity may not be

 6  taken out by such entity

 7  

 8  unless such entity applies for and obtains a license under s.

 9  626.9912 prior to such transfer or assignment of ownership,

10  change in beneficiary, or policy loan. All transactions under

11  s. 626.9912 are subject to chapter 571.

12         Section 2.  This act shall take effect upon becoming a

13  law.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                         Senate Bill 1616

17                                 

18  
    o    Requires any insurance or annuity contract purchased
19       through a charitable life and annuity trust to be
         purchased through an agent who is licensed in Florida.
20  
    o    Requires an insured (on whose behalf the life insurance
21       policy is purchased) taking part in a charitable life and
         annuity trust arrangement to have a net worth of at least
22       $5 million at the time of the transaction.

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