Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1600
       
       
       
       
       
       
                                Ì549508AÎ549508                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2017           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Young) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 190 - 256
    4  and insert:
    5         626.99287 Contestability of viaticated policies.—
    6         (1) Except as hereinafter provided, if a viatical
    7  settlement contract is entered into within the 2-year period
    8  commencing with the date of issuance of the insurance policy or
    9  certificate to be acquired, the viatical settlement contract is
   10  void and unenforceable by either party.
   11         (2) Except as hereinafter provided, if a viatical
   12  settlement policy is subject to a loan secured directly or
   13  indirectly by an interest in the policy within a 5-year period
   14  commencing on the date of issuance of the policy or certificate,
   15  the viatical settlement contract is void and unenforceable by
   16  either party.
   17         (3) Notwithstanding the limitations in subsections (1) and
   18  (2) this limitation, such a viatical settlement contract is not
   19  void and unenforceable if the viator provides a sworn affidavit
   20  and accompanying independent evidentiary documentation
   21  certifying to the viatical settlement provider that one or more
   22  of the following conditions were met during the periods
   23  applicable to the viaticated policy as stated in subsections (1)
   24  or (2):
   25         (a)(1) The policy was issued upon the owner’s exercise of
   26  conversion rights arising out of a group or term policy, if the
   27  total time covered under the prior policy is at least 60 months.
   28  The time covered under a group policy must be calculated without
   29  regard to any change in insurance carriers, provided the
   30  coverage has been continuous and under the same group
   31  sponsorship.;
   32         (b)(2) The owner of the policy is a charitable organization
   33  exempt from taxation under 26 U.S.C. s. 501(c)(3).;
   34         (3) The owner of the policy is not a natural person;
   35         (4) The viatical settlement contract was entered into
   36  before July 1, 2000;
   37         (c)(5) The viator certifies by producing independent
   38  evidence to the viatical settlement provider that one or more of
   39  the following conditions were have been met within the 2-year
   40  period:
   41         (a)1. The viator or insured is terminally or chronically
   42  ill diagnosed with an illness or condition that is either:
   43         a. Catastrophic or life threatening; or
   44         b. Requires a course of treatment for a period of at least
   45  3 years of long-term care or home health care; and
   46         2. the condition was not known to the insured at the time
   47  the life insurance contract was entered into;.
   48         2.(b) The viator’s spouse dies;
   49         3.(c) The viator divorces his or her spouse;
   50         4.(d) The viator retires from full-time employment;
   51         5.(e) The viator becomes physically or mentally disabled
   52  and a physician determines that the disability prevents the
   53  viator from maintaining full-time employment;
   54         6.(f) The owner of the policy was the insured’s employer at
   55  the time the policy or certificate was issued and the employment
   56  relationship terminated;
   57         7.(g) A final order, judgment, or decree is entered by a
   58  court of competent jurisdiction, on the application of a
   59  creditor of the viator, adjudicating the viator bankrupt or
   60  insolvent, or approving a petition seeking reorganization of the
   61  viator or appointing a receiver, trustee, or liquidator to all
   62  or a substantial part of the viator’s assets; or
   63         8.(h) The viator experiences a significant decrease in
   64  income which is unexpected by the viator and which impairs his
   65  or her reasonable ability to pay the policy premium.
   66         (d) The viator entered into a viatical settlement contract
   67  more than 2 years after the policy’s issuance date and, with
   68  respect to the policy, at all times before the date that is 2
   69  years after policy issuance, each of the following conditions is
   70  met:
   71         1. Policy premiums have been funded exclusively with
   72  unencumbered assets, including an interest in the life insurance
   73  policy being financed only to the extent of its net cash
   74  surrender value, provided by, or fully recourse liability
   75  incurred by, the insured;
   76         2. There is no agreement or understanding with any other
   77  person to guarantee any such liability or to purchase, or stand
   78  ready to purchase, the policy, including through an assumption
   79  or forgiveness of the loan; and
   80         3. Neither the insured or the policy has been evaluated for
   81  settlement.
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete lines 11 - 15
   86  and insert:
   87         F.S.; providing that a viatical settlement contract is
   88         void and unenforceable by either party if the viatical
   89         settlement policy is subject, within a specified
   90         timeframe, to a loan secured by an interest in the
   91         policy; revising conditions and requirements in which
   92         viatical settlement contracts entered into within
   93         specified timeframes are valid and enforceable;
   94         deleting