1 | A bill to be entitled |
2 | An act relating to debt cancellation products; amending s. |
3 | 624.605, F.S.; including debt cancellation products under |
4 | casualty insurance; describing debt cancellation products; |
5 | authorizing certain entities to offer debt cancellation |
6 | products under certain circumstances; specifying such |
7 | products as not constituting insurance; amending s. |
8 | 626.9541, F.S.; providing an additional exclusion from a |
9 | prohibition against free insurance for certain property |
10 | insurance; creating s. 655.947, F.S.; defining debt |
11 | cancellation products; authorizing financial institutions |
12 | to offer such products; authorizing a fee; requiring the |
13 | Financial Services Commission to adopt rules; amending s. |
14 | 520.07, F.S.; requiring the commission to adopt rules for |
15 | the sale of such products by motor vehicle retail |
16 | installment sellers; providing an effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. Paragraph (r) is added to subsection (1) of |
21 | section 624.605, Florida Statutes, to read: |
22 | 624.605 "Casualty insurance" defined.-- |
23 | (1) "Casualty insurance" includes: |
24 | (r) Debt cancellation products.--Insurance that a creditor |
25 | may purchase against the risk of financial loss from the use of |
26 | debt cancellation products with consumer loans or leases or |
27 | retail installment contracts. |
28 | 1. For purposes of this paragraph, debt cancellation |
29 | products, including, but not limited to, debt cancellation |
30 | contracts, debt suspension agreements, and guaranteed asset |
31 | protection contracts, are loan, lease, or retail installment |
32 | contract terms, or modifications to loan, lease, or retail |
33 | installment contracts, under which a creditor agrees to cancel |
34 | or suspend all or part of a customer's obligation to make |
35 | payments upon the occurrence of specified events. |
36 | 2. Debt cancellation products may be offered by financial |
37 | institutions, as defined in s. 655.005(1)(h), and including |
38 | insured depository institutions, as defined in 12 U.S.C. s. |
39 | 1813(c), and subsidiaries of such institutions, as provided in |
40 | the financial institution codes, or motor vehicle retail |
41 | installment sellers, as defined in s. 520.02(15) or retail |
42 | lessors, as defined in s. 521.003(8), and such products shall |
43 | not constitute insurance for purposes of the Florida Insurance |
44 | Code. |
45 | Section 2. Paragraph (n) of subsection (1) of section |
46 | 626.9541, Florida Statutes, is amended to read: |
47 | 626.9541 Unfair methods of competition and unfair or |
48 | deceptive acts or practices defined.-- |
49 | (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE |
50 | ACTS.--The following are defined as unfair methods of |
51 | competition and unfair or deceptive acts or practices: |
52 | (n) Free insurance prohibited.-- |
53 | 1. Advertising, offering, or providing free insurance as |
54 | an inducement to the purchase or sale of real or personal |
55 | property or of services directly or indirectly connected with |
56 | such real or personal property. |
57 | 2. For the purposes of this paragraph, "free" insurance |
58 | is: |
59 | a. Insurance for which no identifiable and additional |
60 | charge is made to the purchaser of such real property, personal |
61 | property, or services. |
62 | b. Insurance for which an identifiable or additional |
63 | charge is made in an amount less than the cost of such insurance |
64 | as to the seller or other person, other than the insurer, |
65 | providing the same. |
66 | 3. Subparagraphs 1. and 2. do not apply to: |
67 | a. Insurance of, loss of, or damage to the real or |
68 | personal property involved in any such sale or services, under a |
69 | policy covering the interests therein of the seller or vendor. |
70 | b. Blanket disability insurance as defined in s. 627.659. |
71 | c. Credit life insurance or credit disability insurance. |
72 | d. Any individual, isolated, nonrecurring unadvertised |
73 | transaction not in the regular course of business. |
74 | e. Title insurance. |
75 | f. Any purchase agreement involving the purchase of a |
76 | cemetery lot or lots in which, under stated conditions, any |
77 | balance due is forgiven upon the death of the purchaser. |
78 | g. Life insurance, trip cancellation insurance, or lost |
79 | baggage insurance offered by a travel agency as part of a travel |
80 | package offered by and booked through the agency. |
81 | h. Insurance covering property, other than real property |
82 | or motor vehicles, if the person paying for the insurance: |
83 | (I) Has an ongoing contractual interest or other economic |
84 | interest in the property; or |
85 | (II) Requires the property to deliver its services. |
86 | 4. Using the word "free" or words which imply the |
87 | provision of insurance without a cost to describe life or |
88 | disability insurance, in connection with the advertising or |
89 | offering for sale of any kind of goods, merchandise, or |
90 | services. |
91 | Section 3. Section 655.947, Florida Statutes, is created |
92 | to read: |
93 | 655.947 Debt cancellation products.-- |
94 | (1) Debt cancellation products, including, but not limited |
95 | to, debt cancellation contracts, debt suspension agreements, and |
96 | guaranteed asset protection contracts, are loan or lease |
97 | contract provisions, or modifications to loan or lease |
98 | contracts, under which a creditor agrees to cancel or suspend |
99 | all or part of a customer's obligation to make payments upon the |
100 | occurrence of specified events. Debt cancellation products may |
101 | be offered, and a fee charged, by financial institutions and |
102 | their subsidiaries subject to the provisions of this section. As |
103 | used in this section, the term "financial institutions" includes |
104 | those as defined in s. 655.005(1)(h) and insured depository |
105 | institutions as defined in 12 U.S.C. s. 1813(c). |
106 | (2) The commission shall adopt rules pursuant to ss. |
107 | 120.536(1) and 120.54 to administer this section, which rules |
108 | must be consistent with 12 C.F.R. part 37, as amended. |
109 | Section 4. Subsection (11) is added to section 520.07, |
110 | Florida Statutes, to read: |
111 | 520.07 Requirements and prohibitions as to retail |
112 | installment contracts.-- |
113 | (11) The commission shall adopt rules to administer the |
114 | sale of debt cancellation products as defined in s. |
115 | 624.605(1)(r) by motor vehicle retail installment sellers. |
116 | Section 5. This act shall take effect July 1, 2007. |