HB 1361

1
A bill to be entitled
2 An act relating to insurance; amending s. 624.605, F.S.;
3 including debt cancellation products within the definition
4 of the term "casualty insurance"; describing debt
5 cancellation products; authorizing certain entities to
6 offer debt cancellation products under certain
7 circumstances; specifying such products as not
8 constituting insurance; amending ss. 627.553 and 627.679,
9 F.S.; revising certain limitations on certain amounts of
10 life insurance on a debtor; amending s. 627.681, F.S.;
11 revising a limitation on the term of credit disability
12 insurance; amending 627.681, F.S.; revising a provision
13 relating to the term and evidence of insurance; amending
14 s. 627.902, F.S.; exempting certain lump-sum premium
15 payments from provisions relating to premium financing;
16 amending s. 628.511, F.S.; revising the definitions of the
17 terms "clearing corporation" and "custodian"; deleting
18 definitions of the terms "book entry system" and "member
19 bank"; conforming changes; amending s. 655.947, F.S.;
20 providing what constitutes a debt cancellation product;
21 providing a definition; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25      Section 1.  Paragraph (r) is added to subsection (1) of
26 section 624.605, Florida Statutes, to read:
27      624.605  "Casualty insurance" defined.--
28      (1)  "Casualty insurance" includes:
29      (r)  Insurance for debt cancellation products.--Insurance
30 that a creditor may purchase against the risk of financial loss
31 from the use of debt cancellation products with consumer loans
32 or leases or retail installment contracts.
33      1.  For purposes of this paragraph, debt cancellation
34 products, including, but not limited to, debt cancellation
35 contracts, debt suspension agreements, and guaranteed asset
36 protection contracts, are loan or lease or retail installment
37 contract terms, or modifications to loan, lease, or retail
38 installment contracts, under which a creditor agrees to cancel
39 or suspend all or part of a customer's obligation to make
40 payments upon the occurrence of specified events.
41      2.  Debt cancellation products may be offered by financial
42 institutions, as defined in s. 655.005(1)(h), and including
43 insured depository institutions, as defined in 12 U.S.C. s.
44 1813(c), and subsidiaries thereof, as provided in the Financial
45 Institution Codes, or Motor Vehicle Retail Installment Sellers,
46 as defined in s. 520.02(15) or Retail Lessors, as defined in s.
47 521.003(8), Florida Statutes, and such products shall not
48 constitute insurance for purposes of the Florida Insurance Code.
49      Section 2.  Subsection (3) of section 627.553, Florida
50 Statutes, is amended to read:
51      627.553  Debtor groups.--The lives of a group of
52 individuals may be insured under a policy issued to a creditor
53 or its parent holding company, or to a trustee or trustees or
54 agent designated by two or more creditors, which creditor,
55 holding company, affiliate, trustee or trustees, or agent shall
56 be deemed the policyholder, to insure debtors of the creditor or
57 creditors, subject to the following requirements:
58      (3)  The amount of insurance on the life of any debtor
59 shall at no time exceed the amount owed by her or him which is
60 repayable in installments to the creditor or $50,000, whichever
61 is less, except that loans not exceeding 1 year's duration shall
62 not be subject to such limits. However, on such loans not
63 exceeding 1 year's duration, the limit of coverage shall not
64 exceed $50,000 with any one insurer.
65      Section 3.  Paragraph (b) of subsection (1) of section
66 627.679, Florida Statutes, is amended to read:
67      627.679  Amount of insurance; disclosure.--
68      (1)
69      (b)  The total amount of credit life insurance on the life
70 of any debtor with respect to any loan or loans covered in one
71 or more insurance policies shall at no time exceed the amount of
72 the indebtedness $50,000 with any one creditor, except that
73 loans not exceeding 1 year's duration shall not be subject to
74 such limits, and on such loans not exceeding 1 year's duration,
75 the limits of coverage shall not exceed $50,000 with any one
76 insurer.
77      Section 4.  Subsection (2) of section 627.681, Florida
78 Statutes, is amended to read:
79      627.681  Term and evidence of insurance.--
80      (2)  The term of credit disability insurance on any debtor
81 insured under this section shall not exceed the term of
82 indebtedness 10 years, and for credit transactions that exceed
83 60 months, coverage shall not exceed 60 monthly indemnities.
84      Section 5.  Section 627.902, Florida Statutes, is amended
85 to read:
86      627.902  Premium financing by an insurer or subsidiary.--
87      (1)  An insurer, a subsidiary of an insurer, or a
88 corporation under substantially the same management or control
89 as an authorized insurer or group of authorized insurers may
90 finance property, casualty, surety, and marine insurance
91 premiums on policies issued or business produced by such insurer
92 or insurers; however, any such insurer, subsidiary, or
93 corporation or group of insurers that charges a total service
94 charge per year or rate of interest which is substantially more
95 than that provided in s. 627.901 shall be subject to part XV of
96 this chapter. Notwithstanding any other provision of law, an
97 insurer, a subsidiary of an insurer, or a corporation under
98 substantially the same management or control as an authorized
99 insurer or group of authorized insurers may charge one-half of
100 the additional charge provided in s. 627.840, and the charges
101 provided in s. 627.841.
102      (2)  Nothing in this part or in part XV shall disallow or
103 otherwise apply to a discount for those who pay the entire
104 premium for the entire policy term at the inception of the term
105 if the discount is found to be actuarially justified by the
106 office and approved by the office pursuant to the provisions of
107 part I of this chapter. Such actuarially justified and approved
108 discount shall not be deemed a component of or related to
109 premium financing.
110      Section 6.  Section 628.511, Florida Statutes, is amended
111 to read:
112      628.511  Clearing corporations Book entry accounting
113 system.--
114      (1)  The purpose of this section is to authorize domestic
115 insurers to utilize modern systems for holding and transferring
116 securities without physical delivery of securities certificates,
117 subject to appropriate rules of the commission.
118      (2)  The following terms are defined for use in this
119 section:
120      (a)  "Securities" means instruments as defined in s.
121 678.1021.
122      (b)  "Clearing corporation" means a clearing corporation as
123 defined in s. 678.1021. The term "clearing corporation" also
124 includes "treasury/reserve automated debt entry securities
125 includes "treasury/reserve automated debt entry securities
126 system" and "treasury direct" book-entry securities systems as
127 established pursuant to 31 U.S.C. ss. 3100 et seq., 12 U.S.C.
128 391 and 5 U.S.C. 301.
129      (c)  "Custodian" "Direct participant" means a national
130 bank, state bank or trust company, or broker or dealer that
131 which maintains an account in its name in a clearing corporation
132 and through which an insurance company participates in a
133 clearing corporation.
134      (d)  "Federal Reserve book-entry system" means the
135 computerized systems sponsored by the United States Department
136 of the Treasury and agencies and instrumentalities of the United
137 States for holding and transferring securities of the United
138 States Government and such agencies and instrumentalities,
139 respectively, in Federal Reserve banks through banks which are
140 members of the Federal Reserve System or which otherwise have
141 access to such computerized systems.
142      (e)  "Member bank" means a national bank, state bank or
143 trust company which is a member of the Federal Reserve System
144 and through which an insurer participates in the Federal Reserve
145 book-entry system.
146      (3)  Notwithstanding any other provision of law, a domestic
147 insurer may deposit or arrange for the deposit of securities
148 held in or purchased for its general account and its separate
149 accounts in a clearing corporation or in the Federal Reserve
150 book-entry system. When securities are deposited with a clearing
151 corporation, certificates representing securities of the same
152 class of the same issuer may be merged and held in bulk in the
153 name of the nominee of such clearing corporation with any other
154 securities deposited with such clearing corporation by any
155 person, regardless of the ownership of such securities, and
156 certificates representing securities of small denominations may
157 be merged into one or more certificates of larger denominations.
158 The records of any custodian bank through which an insurer holds
159 securities in the Federal Reserve book-entry system, and the
160 records of any custodian banks through which an insurer holds
161 securities in a clearing corporation, shall at all times show
162 that such securities are held for such insurer and for which
163 accounts thereof. Ownership of, and other interests in, such
164 securities may be transferred by bookkeeping entry on the books
165 of such clearing corporation or in the Federal Reserve book-
166 entry system without, in either case, physical delivery of
167 certificates representing such securities.
168      (4)  The commission may adopt rules governing the deposit
169 by insurers of securities with clearing corporations and in the
170 Federal Reserve book-entry system.
171      Section 7.  Section 655.947, Florida Statutes, is created
172 to read:
173      655.947  Debt cancellation products.--
174      (1)  Debt cancellation products, including, but not limited
175 to, debt cancellation contracts, debt suspension agreements, and
176 guaranteed asset protection contracts, are loan or lease
177 contract terms, or modifications to loan or lease contracts,
178 under which a creditor agrees to cancel or suspend all or part
179 of a customer's obligation to make payments upon the occurrence
180 of specified events. Debt cancellation products may be offered,
181 and a fee charged, by financial institutions and their
182 subsidiaries subject to the provisions of this section. As used
183 in this section, the term "financial institutions" includes
184 those as defined in s. 655.005(1)(h) and insured depository
185 institutions as defined in 12 U.S.C. s. 1813.
186      (2)  The commission shall adopt rules to administer this
187 section, such rules shall be consistent with 12 CFR Part 37, as
188 amended.
189      Section 8.  This act shall take effect upon becoming a law.


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