HB 441

1
A bill to be entitled
2An act relating to debt cancellation products; amending s.
3624.605, F.S.; including debt cancellation products under
4casualty insurance; describing debt cancellation products;
5authorizing certain entities to offer debt cancellation
6products under certain circumstances; specifying such
7products as not constituting insurance; amending s.
8626.9541, F.S.; providing an additional exclusion from a
9prohibition against free insurance for certain property
10insurance; creating s. 655.947, F.S.; defining debt
11cancellation products; authorizing financial institutions
12to offer such products; authorizing a fee; requiring the
13Financial Services Commission to adopt rules; amending s.
14520.07, F.S.; requiring the commission to adopt rules for
15the sale of such products by motor vehicle retail
16installment sellers; 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)  Debt cancellation products.--Insurance that a creditor
25may purchase against the risk of financial loss from the use of
26debt cancellation products with consumer loans or leases or
27retail installment contracts.
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, lease, or retail installment
32contract terms, or modifications to loan, lease, or retail
33installment contracts, under which a creditor agrees to cancel
34or suspend all or part of a customer's obligation to make
35payments upon the occurrence of specified events.
36     2.  Debt cancellation products may be offered by financial
37institutions, as defined in s. 655.005(1)(h), and including
38insured depository institutions, as defined in 12 U.S.C. s.
391813(c), and subsidiaries of such institutions, as provided in
40the financial institution codes, or motor vehicle retail
41installment sellers, as defined in s. 520.02(15) or retail
42lessors, as defined in s. 521.003(8), and such products shall
43not constitute insurance for purposes of the Florida Insurance
44Code.
45     Section 2.  Paragraph (n) of subsection (1) of section
46626.9541, Florida Statutes, is amended to read:
47     626.9541  Unfair methods of competition and unfair or
48deceptive acts or practices defined.--
49     (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
50ACTS.--The following are defined as unfair methods of
51competition and unfair or deceptive acts or practices:
52     (n)  Free insurance prohibited.--
53     1.  Advertising, offering, or providing free insurance as
54an inducement to the purchase or sale of real or personal
55property or of services directly or indirectly connected with
56such real or personal property.
57     2.  For the purposes of this paragraph, "free" insurance
58is:
59     a.  Insurance for which no identifiable and additional
60charge is made to the purchaser of such real property, personal
61property, or services.
62     b.  Insurance for which an identifiable or additional
63charge is made in an amount less than the cost of such insurance
64as to the seller or other person, other than the insurer,
65providing the same.
66     3.  Subparagraphs 1. and 2. do not apply to:
67     a.  Insurance of, loss of, or damage to the real or
68personal property involved in any such sale or services, under a
69policy 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
73transaction not in the regular course of business.
74     e.  Title insurance.
75     f.  Any purchase agreement involving the purchase of a
76cemetery lot or lots in which, under stated conditions, any
77balance due is forgiven upon the death of the purchaser.
78     g.  Life insurance, trip cancellation insurance, or lost
79baggage insurance offered by a travel agency as part of a travel
80package offered by and booked through the agency.
81     h.  Insurance covering property, other than real property
82or motor vehicles, if the person paying for the insurance:
83     (I)  Has an ongoing contractual interest or other economic
84interest in the property; or
85     (II)  Requires the property to deliver its services.
86     4.  Using the word "free" or words which imply the
87provision of insurance without a cost to describe life or
88disability insurance, in connection with the advertising or
89offering for sale of any kind of goods, merchandise, or
90services.
91     Section 3.  Section 655.947, Florida Statutes, is created
92to read:
93     655.947  Debt cancellation products.--
94     (1)  Debt cancellation products, including, but not limited
95to, debt cancellation contracts, debt suspension agreements, and
96guaranteed asset protection contracts, are loan or lease
97contract provisions, or modifications to loan or lease
98contracts, under which a creditor agrees to cancel or suspend
99all or part of a customer's obligation to make payments upon the
100occurrence of specified events. Debt cancellation products may
101be offered, and a fee charged, by financial institutions and
102their subsidiaries subject to the provisions of this section. As
103used in this section, the term "financial institutions" includes
104those as defined in s. 655.005(1)(h) and insured depository
105institutions as defined in 12 U.S.C. s. 1813(c).
106     (2)  The commission shall adopt rules pursuant to ss.
107120.536(1) and 120.54 to administer this section, which rules
108must be consistent with 12 C.F.R. part 37, as amended.
109     Section 4.  Subsection (11) is added to section 520.07,
110Florida Statutes, to read:
111     520.07  Requirements and prohibitions as to retail
112installment contracts.--
113     (11)  The commission shall adopt rules to administer the
114sale of debt cancellation products as defined in s.
115624.605(1)(r) by motor vehicle retail installment sellers.
116     Section 5.  This act shall take effect July 1, 2007.


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