Senate Bill sb2084

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    Florida Senate - 2007                                  SB 2084

    By Senator Bennett





    21-1521-07

  1                      A bill to be entitled

  2         An act relating to financial institutions;

  3         amending s. 624.605, F.S.; expanding the

  4         definition of the term "casualty insurance";

  5         amending s. 627.553, F.S.; removing a provision

  6         limiting the maximum amount for which a

  7         creditor or its parent holding company may

  8         insure the life of a debtor; amending s.

  9         627.679, F.S.; providing that the amount of

10         credit life insurance on the life of any debtor

11         with respect to certain loans may not exceed

12         the amount of indebtedness; amending s.

13         627.681, F.S.; providing that the term of

14         credit disability insurance on certain debtors

15         may not exceed the term of indebtedness;

16         amending s. 655.0392, F.S.; prohibiting a

17         financial institution from establishing or

18         maintaining an office on the property of an

19         affiliate that engages in retail commercial

20         activities; creating s. 655.947, F.S.;

21         providing that certain debt cancellation

22         products are loan or lease contract terms or

23         modifications of a loan or lease contract under

24         which a creditor agrees to cancel or suspend a

25         customer's obligation to make payments upon the

26         occurrence of specified events; authorizing

27         financial institutions and their subsidiaries

28         to offer debt cancellation products and charge

29         a fee for such products; defining the term

30         "financial institution"; requiring the

31         Financial Services Commission to adopt rules;

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    Florida Senate - 2007                                  Sb 2084
    21-1521-07




 1         amending s. 658.21, F.S.; requiring that the

 2         lesser of 25 percent of a bank's capital or $3

 3         million be controlled by the organizing

 4         directors of a bank upon application for

 5         creation of such bank; amending s. 658.36,

 6         F.S.; authorizing any state bank or trust

 7         company to increase its capital stock after

 8         filing a written notice at least 15 days prior

 9         to such increase; amending s. 658.44, F.S.;

10         providing for the determination of the value of

11         dissenting shares of each constituent state

12         bank or trust company upon a merger of such

13         state bank or trust company; providing an

14         effective date.

15  

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

17  

18         Section 1.  Paragraph (r) is added to subsection (1) of

19  section 624.605, Florida Statutes, to read:

20         624.605  "Casualty insurance" defined.--

21         (1)  "Casualty insurance" includes:

22         (r)  Debt cancellation products.--Insurance that a

23  creditor may purchase against the risk of financial loss from

24  the use of debt cancellation products with consumer loans or

25  leases or retail installment contracts.

26         1.  For purposes of this paragraph, debt cancellation

27  products, including, but not limited to, debt cancellation

28  contracts, debt suspension agreements, and guaranteed asset

29  protection contracts, are loan, lease, or retail installment

30  contract terms, or modifications to loan, lease, or retail

31  installment contracts, under which a creditor agrees to cancel

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    Florida Senate - 2007                                  Sb 2084
    21-1521-07




 1  or suspend all or part of a customer's obligation to make

 2  payments upon the occurrence of specified events.

 3         2.  Debt cancellation products may be offered by

 4  financial institutions, as defined in s. 655.005(1)(h), and

 5  including insured depository institutions, as defined in 12

 6  U.S.C. s. 1813(c), and subsidiaries of such institutions, as

 7  provided in the financial institution codes, or motor vehicle

 8  retail installment sellers, as defined in s. 520.02(15) or

 9  retail lessors, as defined in s. 521.003(8), and such products

10  shall not constitute insurance for purposes of the Florida

11  Insurance Code.

12         Section 2.  Subsection (3) of section 627.553, Florida

13  Statutes, is amended to read:

14         627.553  Debtor groups.--The lives of a group of

15  individuals may be insured under a policy issued to a creditor

16  or its parent holding company, or to a trustee or trustees or

17  agent designated by two or more creditors, which creditor,

18  holding company, affiliate, trustee or trustees, or agent

19  shall be deemed the policyholder, to insure debtors of the

20  creditor or creditors, subject to the following requirements:

21         (3)  The amount of insurance on the life of any debtor

22  shall at no time exceed the amount owed by the debtor her or

23  him which is repayable in installments to the creditor or

24  $50,000, whichever is less, except that loans not exceeding 1

25  year's duration shall not be subject to such limits. However,

26  on such loans not exceeding 1 year's duration, the limit of

27  coverage shall not exceed $50,000 with any one insurer.

28         Section 3.  Paragraph (b) of subsection (1) of section

29  627.679, Florida Statutes, is amended to read:

30         627.679  Amount of insurance; disclosure.--

31         (1)

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 1         (b)  The total amount of credit life insurance on the

 2  life of any debtor with respect to any loan or loans covered

 3  in one or more insurance policies shall at no time exceed the

 4  amount of indebtedness $50,000 with any one creditor, except

 5  that loans not exceeding 1 year's duration shall not be

 6  subject to such limits, and on such loans not exceeding 1

 7  year's duration, the limits of coverage shall not exceed

 8  $50,000 with any one insurer.

 9         Section 4.  Subsection (2) of section 627.681, Florida

10  Statutes, is amended to read:

11         627.681  Term and evidence of insurance.--

12         (2)  The term of credit disability insurance on any

13  debtor insured under this section shall not exceed the term of

14  indebtedness 10 years, and for credit transactions that exceed

15  60 months, coverage shall not exceed 60 monthly indemnities.

16         Section 5.  Section 655.0392, Florida Statutes, is

17  amended to read:

18         655.0392  Place of transacting business.--

19         (1)  A financial institution may not establish or

20  maintain an office in this state on the premises or property

21  of an affiliate of such financial institution if the affiliate

22  engages in retail commercial activities.

23         (2)  Any financial institution, except a credit union,

24  organized under the laws of this state or federal law may

25  apply for space in any building owned or leased by the state,

26  political subdivision, or municipality in the community or

27  political subdivision in which the financial institution does

28  business.  The application must be addressed to the officer

29  charged with the allotment of space in such building, who, if

30  space is available, may allot the space at a commercially

31  

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    Florida Senate - 2007                                  Sb 2084
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 1  reasonable rate.  A credit union may apply for such space

 2  under the provisions of s. 657.008(4).

 3         Section 6.  Section 655.947, Florida Statutes, is

 4  created to read:

 5         655.947  Debt cancellation products.--

 6         (1)  Debt cancellation products, including, but not

 7  limited to, debt cancellation contracts, debt suspension

 8  agreements, and guaranteed asset protection contracts, are

 9  loan or lease contract provisions, or modifications to loan or

10  lease contracts, under which a creditor agrees to cancel or

11  suspend all or part of a customer's obligation to make

12  payments upon the occurrence of specified events. Debt

13  cancellation products may be offered and a fee may be charged

14  by financial institutions and their subsidiaries subject to

15  the provisions of this section. As used in this section, the

16  term "financial institutions" includes those as defined in s.

17  655.005(1)(h) and insured depository institutions as defined

18  in 12 U.S.C. s. 1813(c).

19         (2)  The commission shall adopt rules pursuant to ss.

20  120.536(1) and 120.54 to administer this section, which rules

21  must be consistent with 12 C.F.R. part 37, as amended.

22         Section 7.  Subsection (2) of section 658.21, Florida

23  Statutes, is amended to read:

24         658.21  Approval of application; findings

25  required.--The office shall approve the application if it

26  finds that:

27         (2)  The proposed capitalization is in such amount as

28  the office deems adequate, but in no case may the total

29  capital accounts at opening for a bank be less than $6 million

30  if the proposed bank is to be located in any county which is

31  included in a metropolitan statistical area, or $4 million if

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 1  the proposed bank is to be located in any other county.  The

 2  total capital accounts at opening for a trust company may not

 3  be less than $2 million. Of total capital accounts at opening,

 4  as noted in the application or amendments or changes to the

 5  application, at least 25 percent of the capital or $3 million,

 6  whichever is less, shall be directly owned or controlled by

 7  the organizing directors of the bank. Directors of banks owned

 8  by single-bank holding companies shall have direct ownership

 9  or control of at least 25 percent of the bank holding

10  company's capital accounts. The office may disallow illegally

11  obtained currency, monetary instruments, funds, or other

12  financial resources from the capitalization requirements of

13  this section.

14         Section 8.  Subsection (2) of section 658.36, Florida

15  Statutes, is amended to read:

16         658.36  Changes in capital.--

17         (2)  A Any state bank or trust company may, with the

18  approval of the office, provide for an increase in its capital

19  stock only if the state bank or trust company files a written

20  notice 15 days before the increase.

21         Section 9.  Subsection (5) of section 658.44, Florida

22  Statutes, is amended to read:

23         658.44  Approval by stockholders; rights of dissenters;

24  preemptive rights.--

25         (5)  The value of dissenting shares of each constituent

26  state bank or state trust company, the owners of which have

27  not accepted an offer for such shares made pursuant to

28  subsection (3), shall be determined as of the effective date

29  of the merger pursuant to ss. 607.1326 and 607.1331 by three

30  appraisers, one to be selected by the owners of at least

31  two-thirds of such dissenting shares, one to be selected by

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    Florida Senate - 2007                                  Sb 2084
    21-1521-07




 1  the board of directors of the resulting state bank, and the

 2  third to be selected by the two so chosen. The value agreed

 3  upon by any two of the appraisers shall control and be final

 4  and binding on all parties. If, within 90 days from the

 5  effective date of the merger, for any reason one or more of

 6  the appraisers is not selected as herein provided, or the

 7  appraisers fail to determine the value of such dissenting

 8  shares, the office shall cause an appraisal of such dissenting

 9  shares to be made which will be final and binding on all

10  parties. The expenses of appraisal shall be paid by the

11  resulting state bank or trust company.

12         Section 10.  This act shall take effect July 1, 2007.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Expands the definition of the term "casualty insurance."
      Removes a provision concerning the maximum amount for
17    which a creditor or its parent holding company may insure
      the life of a debtor. Provides that the amount of credit
18    life insurance on the life of any debtor with respect to
      certain loans may not exceed the amount of indebtedness.
19    Provides that the term of credit disability insurance on
      certain debtors may not exceed the term of indebtedness.
20    Prohibits a financial institution from establishing or
      maintaining an office on the property of an affiliate
21    that engages in retail commercial activities. Provides
      that certain debt cancellation products are loan or lease
22    contract terms or modifications of a loan or lease
      contract under which a creditor agrees to cancel or
23    suspend a customer's obligation to make payments upon the
      occurrence of specified events. Authorizes financial
24    institutions and their subsidiaries to offer debt
      cancellation products and charge a fee for such products.
25    Defines the term "financial institution." Requires the
      Financial Services Commission to adopt rules. Requires
26    that the lesser of 25 percent of a bank's capital or $3
      million be controlled by the organizing directors of a
27    bank upon application for creation of such bank.
      Authorizes any state bank or trust company to increase
28    its capital stock after filing a written notice at least
      15 days prior to such increase. Provides for the
29    determination of the value of dissenting shares of each
      constituent state bank or trust company upon a merger of
30    such state bank or trust company.

31  

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