HB 1003

1
A bill to be entitled
2An act relating to annuity products; amending s.
3627.4554, F.S.; providing that any person who
4purchases an annuity product in this state and who is
575 years of age or older at the time of purchase may
6rescind without penalty the contract for the sale of
7such annuity product for any reason at any time within
8a period of 1 year after the date on which such
9product is purchased; requiring that a person
10rescinding such contract notify the insurer or
11insurer's agent of rescission in writing; requiring
12that a person rescinding such contract or agreement
13receive from the insurer a full refund of any costs
14paid to the insurer or insurer's agent for the annuity
15product or related services upon receipt by the
16insurer or insurer's agent of the written notice of
17rescission; requiring that an insurer licensed to
18provide annuity products in this state include certain
19provisions in a contract for such product; providing
20an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Subsection (9) is added to section 627.4554,
25Florida Statutes, to read:
26     627.4554  Annuity investments by seniors.--
27     (9)  RESCISSION.--Any person who purchases an annuity
28product in this state and is 75 years of age or older at the
29time of purchase may rescind without penalty a contract for the
30sale of such annuity product for any reason at any time within a
31period of 1 year after the date on which such product is
32purchased.
33     (a)  Such rescission must be made in writing and may be
34delivered to the insured or any agent of the insured selling
35annuity products.
36     (b)  A person rescinding a contract or agreement for such
37annuity product shall receive from the insurer a full refund of
38any costs paid to the insurer or insurer's agent for such
39product or related services upon receipt by the insurer of the
40written notice of rescission.
41     (c)  Any insurer licensed to write or sell annuities or
42annuity products in this state must include provisions in any
43contract or agreement for the purchase of that insurer's annuity
44products allowing a person 75 years of age or older who
45purchases an annuity product from that insurer or an agent of
46that insurer to rescind such contract or agreement in accordance
47with this subsection and providing that person with a full
48refund of any costs paid to the insurer or insurer's agent for
49such product or related services. Failure to include such
50provisions constitutes a violation of this code, subject to the
51appropriate penalties.
52     Section 2.  This act shall take effect July 1, 2008.


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