HB 1329

1
A bill to be entitled
2An act relating to insurance; amending ss. 626.9913,
3627.836, 651.026, and 651.0261, F.S., relating to viatical
4settlement providers, premium finance companies, and
5continuing care providers; authorizing the Financial
6Services Commission to require by rule that certain
7statements or filings be submitted by electronic means in
8a certain format; amending s. 628.281, F.S.; authorizing
9the Office of Insurance Regulation to require that certain
10records or copies be submitted by remote electronic
11access; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (2) of section 626.9913, Florida
16Statutes, is amended to read:
17     626.9913  Viatical settlement provider license continuance;
18annual report; fees; deposit.--
19     (2)  Annually, on or before March 1, the viatical
20settlement provider licensee shall file a statement containing
21information the commission requires and shall pay to the office
22a license fee in the amount of $500. The annual statement shall
23include audited financial statements prepared in accordance with
24generally accepted accounting principles by an independent
25certified public accountant as of the last day of the preceding
26calendar year. If the audited financial statement has not been
27completed, however, the licensee shall include in its annual
28statement an unaudited financial statement and an affidavit from
29an officer of the licensee stating that the audit has not been
30completed. In this event, the licensee shall submit the audited
31statement on or before June 1. The annual statement shall also
32provide the office with a report of all life expectancy
33providers who have provided life expectancies directly or
34indirectly to the viatical settlement provider for use in
35connection with a viatical settlement contract or a viatical
36settlement investment. A viatical settlement provider shall
37include in all statements filed with the office all information
38requested by the office regarding a related provider trust
39established by the viatical settlement provider. The office may
40require more frequent reporting. Failure to timely file the
41annual statement or to timely pay the license fee is grounds for
42immediate suspension of the license. The commission may require
43by rule all or part of the statements or filings required under
44this section to be submitted by electronic means in a computer-
45readable form compatible with the electronic data format
46specified by the commission.
47     Section 2.  Subsection (2) of section 627.836, Florida
48Statutes, is amended to read:
49     627.836  Licensee's books and records; reports.--
50     (2)  Each licensee shall annually, on or before March 1,
51file a report with the office giving such information as the
52office may require. The report shall be made under oath and in
53the form prescribed by the commission and shall be accompanied
54by the annual report filing fee specified in s. 627.849. The
55office may make and publish annually an analysis and
56recapitulation of such reports. In addition, the office may
57require such additional regular or special reports as it deems
58may deem necessary. The commission may require by rule all or
59part of the statements or filings required under this section to
60be submitted by electronic means in a computer-readable form
61compatible with the electronic data format specified by the
62commission.
63     Section 3.  Paragraph (c) of subsection (1) of section
64628.281, Florida Statutes, is amended to read:
65     628.281  Exceptions to requirement that office, records,
66and assets be maintained in this state.--
67     (1)  The provisions of s. 628.271 shall not be deemed to
68prohibit or prevent an insurer from:
69     (c)  Establishing and maintaining its principal operations
70offices, its usual operations records, and such of its assets as
71may be necessary or convenient for the purpose, in another state
72in which the insurer is authorized to transact insurance in
73order that general administration of its affairs may be combined
74with that of an affiliated insurer or insurers, but subject to
75the following conditions:
76     1.  That the office consent in writing to the such removal
77of offices, records, and assets from this state upon evidence
78satisfactory to it that the same will facilitate and make more
79economical the operations of the insurer and will not
80unreasonably diminish the service or protection thereafter to be
81given the insurer's policyholders in this state and elsewhere;
82     2.  That the insurer will continue to maintain in this
83state its principal corporate office or place of business, and
84maintain therein available to the inspection of the office
85complete records of its corporate proceedings and a copy of each
86financial statement of the insurer current within the preceding
875 years, including a copy of each interim financial statement
88prepared for the information of the insurer's officers or
89directors;
90     3.  That, upon the written request of the office, the
91insurer will with reasonable promptness provide the office
92remote electronic access to or produce at its principal
93corporate offices in this state for examination or for subpoena
94its records or copies thereof relative to a particular
95transaction or transactions of the insurer as designated by the
96office in its request; and
97     4.  That, if at any time the office finds that the
98conditions justifying the maintenance of the such offices,
99records, and assets outside this state no longer exist, or that
100the insurer has willfully and knowingly violated any of the
101conditions stated in subparagraphs 2. and 3., the office may
102order the return of the such offices, records, and assets to
103this state within such reasonable time, not less than 6 months,
104as may be specified in the order; and that for failure to comply
105with the such order, as thereafter modified or extended, if any,
106the office shall suspend or revoke the insurer's certificate of
107authority.
108     Section 4.  Subsection (9) is added to section 651.026,
109Florida Statutes, to read:
110     651.026  Annual reports.--
111     (9)  The commission may require by rule all or part of the
112statements or filings required under this section to be
113submitted by electronic means in a computer-readable form
114compatible with the electronic data format specified by the
115commission.
116     Section 5.  Section 651.0261, Florida Statutes, is amended
117to read:
118     651.0261  Quarterly statements.--If the office finds,
119pursuant to rules of the commission, that such information is
120needed to properly monitor the financial condition of a provider
121or facility or is otherwise needed to protect the public
122interest, the office may require the provider to file, within 45
123days after the end of each fiscal quarter, a quarterly unaudited
124financial statement of the provider or of the facility in the
125form prescribed by the commission by rule. The commission may
126require by rule all or part of the statements or filings
127required under this section to be submitted by electronic means
128in a computer-readable form compatible with the electronic data
129format specified by the commission.
130     Section 6.  This act shall take effect upon becoming a law.


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