HB 1361CS

CHAMBER ACTION




1The Commerce Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to insurance; amending s. 624.605, F.S.;
7including debt cancellation products within the definition
8of the term "casualty insurance"; describing debt
9cancellation products; authorizing certain entities to
10offer debt cancellation products under certain
11circumstances; specifying such products as not
12constituting insurance; amending ss. 627.553 and 627.679,
13F.S.; revising certain limitations on certain amounts of
14life insurance on a debtor; amending s. 627.681, F.S.;
15revising a limitation on the term of credit disability
16insurance; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Paragraph (r) is added to subsection (1) of
21section 624.605, Florida Statutes, to read:
22     624.605  "Casualty insurance" defined.--
23     (1)  "Casualty insurance" includes:
24     (r)  Insurance for debt cancellation products.--Insurance
25that a creditor may purchase against the risk of financial loss
26from the use of debt cancellation products with consumer loans
27and leases.
28     1.  For purposes of this paragraph, debt cancellation
29products, including, but not limited to, debt cancellation
30contracts, debt suspension agreements, and guaranteed asset
31protection contracts, are loan and lease contract terms, or
32modifications to loan or lease contracts, under which a creditor
33agrees to cancel or suspend all or part of a customer's
34obligation to make payments upon the occurrence of specified
35adverse events.
36     2.  Debt cancellation products may be offered by financial
37institutions, as defined in s. 655.005(1)(h), pursuant to the
38same terms and conditions as products offered by depository
39institutions, as defined in 12 U.S.C. s. 1813(c), or federal
40credit unions, as defined in 12 U.S.C. s. 1752(1), and such
41products shall not constitute insurance for purposes of the
42Florida Insurance Code.
43     Section 2.  Subsection (3) of section 627.553, Florida
44Statutes, is amended to read:
45     627.553  Debtor groups.--The lives of a group of
46individuals may be insured under a policy issued to a creditor
47or its parent holding company, or to a trustee or trustees or
48agent designated by two or more creditors, which creditor,
49holding company, affiliate, trustee or trustees, or agent shall
50be deemed the policyholder, to insure debtors of the creditor or
51creditors, subject to the following requirements:
52     (3)  The amount of insurance on the life of any debtor
53shall at no time exceed the amount owed by her or him which is
54repayable in installments to the creditor or $50,000, whichever
55is less, except that loans not exceeding 1 year's duration shall
56not be subject to such limits. However, on such loans not
57exceeding 1 year's duration, the limit of coverage shall not
58exceed $50,000 with any one insurer.
59     Section 3.  Paragraph (b) of subsection (1) of section
60627.679, Florida Statutes, is amended to read:
61     627.679  Amount of insurance; disclosure.--
62     (1)
63     (b)  The total amount of credit life insurance on the life
64of any debtor with respect to any loan or loans covered in one
65or more insurance policies shall at no time exceed the amount of
66the indebtedness $50,000 with any one creditor, except that
67loans not exceeding 1 year's duration shall not be subject to
68such limits, and on such loans not exceeding 1 year's duration,
69the limits of coverage shall not exceed $50,000 with any one
70insurer.
71     Section 4.  Subsection (2) of section 627.681, Florida
72Statutes, is amended to read:
73     627.681  Term and evidence of insurance.--
74     (2)  The term of credit disability insurance on any debtor
75insured under this section shall not exceed the term of
76indebtedness 10 years, and for credit transactions that exceed
7760 months, coverage shall not exceed 60 monthly indemnities.
78     Section 5.  This act shall take effect upon becoming a law.


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