Florida Senate - 2008 SB 2082
By Senator Bennett
21-03140-08 20082082__
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A bill to be entitled
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An act relating to annuity products; amending s.
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627.4554, F.S.; providing that any person who purchases
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an annuity product in this state and who is 75 years of
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age or older at the time of purchase may rescind
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without penalty the contract for the sale of such
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annuity product for any reason at any time within a
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period of 1 year after the date on which such product
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is purchased; requiring that a person rescinding such
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contract notify the insurer or insurer's agent of
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rescission in writing; requiring that a person
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rescinding such contract or agreement receive from the
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insurer a full refund of any costs paid to the insurer
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or insurer's agent for the annuity product or related
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services upon receipt by the insurer or insurer's agent
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of the written notice of rescission; requiring that an
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insurer licensed to provide annuity products in this
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state include certain provisions in a contract for such
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product; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (9) is added to section 627.4554,
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Florida Statutes, to read:
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627.4554 Annuity investments by seniors.--
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(9) RESCISSION.--Any person who purchases an annuity
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product in this state and is 75 years of age or older at the time
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of purchase may rescind without penalty a contract for the sale
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of such annuity product for any reason at any time within a
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period of 1 year after the date on which such product is
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purchased.
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(a) Such rescission must be made in writing and may be
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delivered to the insured or any agent of the insured selling
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annuity products.
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(b) A person rescinding a contract or agreement for such
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annuity product shall receive from the insurer a full refund of
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any costs paid to the insurer or insurer's agent for such product
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or related services upon receipt by the insurer of the written
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notice of rescission.
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(c) Any insurer licensed to write or sell annuities or
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annuity products in this state must include provisions in any
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contract or agreement for the purchase of that insurer's annuity
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products allowing a person 75 years of age or older who purchases
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an annuity product from that insurer or an agent of that insurer
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to rescind such contract or agreement in accordance with this
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subsection and providing that person with a full refund of any
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costs paid to the insurer or insurer's agent for such product or
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related services. Failure to include such provisions constitutes
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a violation of this code, subject to the appropriate penalties.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.