| 1 | Representative Berfield offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. (1) The Regulatory Trust Fund within the |
| 6 | Department of Financial Services, FLAIR number 43-2-573, which |
| 7 | is to be terminated pursuant to Section 19(f), Article III of |
| 8 | the State Constitution on November 4, 2004, is re-created. |
| 9 | (2) All current balances of the trust fund are carried |
| 10 | forward, and all current sources and uses of the trust fund are |
| 11 | continued. |
| 12 | Section 2. Subsection (4) is added to section 626.99245, |
| 13 | Florida Statutes, to read: |
| 14 | 626.99245 Conflict of regulation of viaticals.-- |
| 15 | (4) The offer, sale, and purchase of viatical settlement |
| 16 | contracts and the regulation of viatical settlement providers |
| 17 | shall be within the exclusive jurisdiction of the Office of |
| 18 | Insurance Regulation under the provisions of part X of this |
| 19 | chapter. |
| 20 | Section 3. This act shall take effect November 4, 2004. |
| 21 |
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| 22 | ================= T I T L E A M E N D M E N T ================= |
| 23 | Remove the entire title and insert: |
| 24 | A bill to be entitled |
| 25 | An act relating to the Department of Financial Services; |
| 26 | re-creating the Regulatory Trust Fund within the |
| 27 | Department of Financial Services without modification; |
| 28 | carrying forward current balances and continuing current |
| 29 | sources and uses thereof; providing an effective date. |
| 30 |
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| 31 | WHEREAS, the Legislature wishes to extend the life of the |
| 32 | Regulatory Trust Fund within the Department of Financial |
| 33 | Services, which is otherwise scheduled to be terminated pursuant |
| 34 | to constitutional mandate, and |
| 35 | WHEREAS, the Legislature has reviewed the trust fund before |
| 36 | its scheduled termination date and has found that it continues |
| 37 | to meet an important public purpose, and |
| 38 | WHEREAS, the Legislature has found that existing public |
| 39 | policy concerning the trust fund sets adequate parameters for |
| 40 | its use, and |
| 41 | WHEREAS, the Legislature wishes to clarify that |
| 42 | jurisdiction over viatical settlement contracts and providers is |
| 43 | exclusively within the Office of Insurance Regulation under part |
| 44 | X of chapter 626, Florida Statutes, NOW, THEREFORE, |