Senate Bill sb2198
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    Florida Senate - 2007                                  SB 2198
    By Senator Gaetz
    4-1119A-07
  1                      A bill to be entitled
  2         An act relating to viatical settlement
  3         providers; amending s. 626.89, F.S.; requiring
  4         authorized administrators to file a financial
  5         statement for each preceding calendar year or
  6         fiscal year as appropriate; requiring that an
  7         audited financial statement be filed within 6
  8         months after the end of the administrator's
  9         fiscal year; amending s. 626.9913, F.S.;
10         providing for annual statements required by the
11         Financial Services Commission to include an
12         annual audited financial statement of the
13         viatical settlement provider which is prepared
14         in accordance with general accounting
15         principles; specifying the timeframe to be
16         covered by the annual statement; providing an
17         effective date.
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19  Be It Enacted by the Legislature of the State of Florida:
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21         Section 1.  Subsections (1) and (2) of section 626.89,
22  Florida Statutes, are amended to read:
23         626.89  Annual financial statement and filing fee;
24  notice of change of ownership.--
25         (1)  Each authorized administrator shall file with the
26  office a full and true statement of its financial condition,
27  transactions, and affairs. The statement shall be filed
28  annually on or before March 1 or within such extension of time
29  therefor as the office for good cause may have granted and
30  shall be for the preceding calendar year or fiscal year as
31  applicable. The statement shall be in such form and contain
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    Florida Senate - 2007                                  SB 2198
    4-1119A-07
 1  such matters as the commission prescribes and shall be
 2  verified by at least two officers of such administrator.
 3         (2)  Each authorized administrator shall also file an
 4  audited financial statement performed by an independent
 5  certified public accountant. The audited financial statement
 6  shall be filed with the office on or before June 1 for the
 7  preceding calendar year ending December 31, or within 6 months
 8  after the end of the administrator's preceding fiscal year. An
 9  audited financial statement prepared on a consolidated basis
10  must include a columnar consolidating or combining worksheet
11  that must be filed with the statement and must comply with the
12  following:
13         (a)  Amounts shown on the consolidated audited
14  financial statement must be shown on the worksheet;
15         (b)  Amounts for each entity must be stated separately;
16  and
17         (c)  Explanations of consolidating and eliminating
18  entries must be included.
19         Section 2.  Subsection (2) of section 626.9913, Florida
20  Statutes, is amended to read:
21         626.9913  Viatical settlement provider license
22  continuance; annual report; fees; deposit.--
23         (2)  Annually, on or before March 1, the viatical
24  settlement provider licensee shall file a statement containing
25  information the commission requires and shall pay to the
26  office a license fee in the amount of $500. After December 31,
27  2007, the annual statement must shall include an annual
28  audited financial statement of the viatical settlement
29  provider statements prepared in accordance with generally
30  accepted accounting principles by an independent certified
31  public accountant covering a 12-month period ending on a day
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    Florida Senate - 2007                                  SB 2198
    4-1119A-07
 1  falling during as of the last day of the preceding calendar
 2  year. If the audited financial statement has not been
 3  completed, however, the licensee shall include in its annual
 4  statement an unaudited financial statement for the preceding
 5  calendar year and an affidavit from an officer of the licensee
 6  stating that the audit has not been completed. In this event,
 7  the licensee shall submit the audited statement on or before
 8  June 1. The annual statement, due on or before March 1 each
 9  year, shall also provide the office with a report of all life
10  expectancy providers who have provided life expectancies
11  directly or indirectly to the viatical settlement provider for
12  use in connection with a viatical settlement contract or a
13  viatical settlement investment. A viatical settlement provider
14  shall include in all statements filed with the office all
15  information requested by the office regarding a related
16  provider trust established by the viatical settlement
17  provider. The office may require more frequent reporting.
18  Failure to timely file the annual statement or the audited
19  financial statement or to timely pay the license fee is
20  grounds for immediate suspension of the license. The
21  commission may by rule require all or part of the statements
22  or filings required under this section to be submitted by
23  electronic means in a computer-readable form compatible with
24  the electronic data format specified by the commission.
25         Section 3.  This act shall take effect July 1, 2007.
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    Florida Senate - 2007                                  SB 2198
    4-1119A-07
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 2                          SENATE SUMMARY
 3    Requires that authorized administrators file a financial
      statement for each preceding calendar year or fiscal year
 4    as appropriate. Requires that an audited financial
      statement be filed within 6 months after the end of the
 5    administrator's fiscal year. Provides that annual
      statements submitted by viatical settlement providers to
 6    the Financial Services Commission include an annual
      audited financial statement prepared in accordance with
 7    general accounting rules. Specifies a timeframe for the
      annual statement.
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