Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 2412
                        Barcode 150506
                            CHAMBER ACTION
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11  Senator Garcia moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 33, line 17, through
15            page 40, line 31, delete those lines
16  
17  and insert:  
18         Section 19.  Section 626.99175, Florida Statutes, is
19  created to read:
20         626.99175  Life expectancy providers; registration
21  required; denial, suspension, revocation.--
22         (1)  After July 1, 2006, a person may not perform the
23  functions of a life expectancy provider without first having
24  registered as a life expectancy provider, except as provided
25  in subsection (6).
26         (2)  Application for registration as a life expectancy
27  provider must be made to the office by the applicant on a form
28  prescribed by the office, under oath and signed by the
29  applicant. The application must be accompanied by a fee of
30  $500.
31         (3)  A completed application shall be evidenced on a
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 form and in a manner prescribed by the office and shall 2 require the registered life expectancy provider to update such 3 information and renew such registration as required by the 4 office. 5 (4) In the application, the applicant must provide all 6 of the following: 7 (a) The full name, age, residence address, and 8 business address, and all occupations engaged in by the 9 applicant during the 5 years preceding the date of the 10 application. 11 (b) A copy of the applicant's basic organizational 12 documents, if any, including the articles of incorporation, 13 articles of association, partnership agreement, trust 14 agreement, or other similar documents, together with all 15 amendments to such documents. 16 (c) Copies of all bylaws, rules, regulations, or 17 similar documents regulating the conduct of the applicant's 18 internal affairs. 19 (d) A list showing the name, business and residence 20 addresses, and official position of each individual who is 21 responsible for conduct of the applicant's affairs, including, 22 but not limited to, any member of the board of directors, 23 board of trustees, executive committee, or other governing 24 board or committee and any other person or entity owning or 25 having the right to acquire 10 percent or more of the voting 26 securities of the applicant, and any person performing life 27 expectancies by the applicant. 28 (e) A sworn biographical statement on forms supplied 29 by the office with respect to each individual identified under 30 paragraph (d), including whether such individual has been 31 associated with any other life expectancy provider or has 2 12:55 PM 04/27/05 s2412c1c-40-t6f
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 performed any services for a person in the business of 2 viatical settlements. 3 (f) A sworn statement of any criminal and civil 4 actions pending or final against the registrant or any 5 individual identified under paragraph (d): 6 (g) A general description of the following policies 7 and procedures covering all life expectancy determination 8 criteria and protocols: 9 1. The plan or plans of policies and procedures used 10 to determine life expectancies. 11 2. A description of the training, including continuing 12 training, of the individuals who determine life expectancies. 13 3. A description of how the life expectancy provider 14 updates its manuals, underwriting guides, mortality tables, 15 and other reference works and ensures that the provider bases 16 its determination of life expectancies on current data. 17 (h) A plan for assuring confidentiality of personal, 18 medical, and financial information in accordance with federal 19 and state laws. 20 (i) An anti-fraud plan as required pursuant to s. 21 626.99278. 22 (j) A list of any agreements, contracts, or any other 23 arrangement to provide life expectancies to a viatical 24 settlement provider, viatical settlement broker, or any other 25 person in the business of viatical settlements in connection 26 with any viatical settlement contract or viatical settlement 27 investment. 28 (5) As part of the application, and on or before March 29 1 of every 3 years thereafter, a registered life expectancy 30 provider shall file with the office an audit of all life 31 expectancies by the life expectancy provider for the 5 3 12:55 PM 04/27/05 s2412c1c-40-t6f
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 calendar years immediately preceding such audit, which audit 2 shall be conducted and certified by a nationally recognized 3 actuarial firm and shall include only the following: 4 (a) A mortality table. 5 (b) The number, percentage, and an actual-to-expected 6 ratio of life expectancies in the following categories: life 7 expectancies of less than 24 months, life expectancies of 25 8 months to 48 months, life expectancies of 49 months to 72 9 months, life expectancies of 73 months to 108 months, life 10 expectancies of 109 months to 144 months, life expectancies of 11 145 months to 180 months, and life expectancies of more than 12 180 months. 13 (6) The life expectancy provider who is a subsidiary 14 or affiliate of an insurance company licensed in this state 15 shall be deemed to meet the registration requirements of this 16 section and may provide life expectancies or operate as a life 17 expectancy provider pursuant to this act. 18 (7) No viatical settlement broker, viatical settlement 19 provider, or insurance agent in the business of viatical 20 settlements in this state shall directly or indirectly own or 21 be an officer, director, or employee of a life expectancy 22 provider. 23 (8) Each registered life expectancy provider shall 24 provide the office, as applicable, at least 30 days' advance 25 notice of any change in the registrant's name, residence 26 address, principal business address, or mailing address. 27 (9) A person required to be registered by this section 28 shall for 5 years retain copies of all life expectancies and 29 supporting documents and medical records unless those personal 30 medical records are subject to different retention or 31 destruction requirements of a federal or state personal health 4 12:55 PM 04/27/05 s2412c1c-40-t6f
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 information law. 2 (10) An application for life expectancy provider 3 registration shall be approved or denied by the commissioner 4 within 60 calendar days following receipt of a completed 5 application by the commissioner. The office shall notify the 6 applicant that the application is complete. A completed 7 application that is not approved or denied in 60 calendar days 8 following its receipt shall be deemed approved. 9 (11) The office may, in its discretion, deny the 10 application for a life expectancy provider registration or 11 suspend, revoke, or refuse to renew or continue the 12 registration of a life expectancy provider if the office 13 finds: 14 (a) Any cause for which registration could have been 15 refused had it then existed and been known to the office; 16 (b) A violation of any provision of this code or of 17 any other law applicable to the applicant or registrant; 18 (c) A violation of any lawful order or rule of the 19 department, commission, or office; or 20 (d) That the applicant or registrant: 21 1. Has been found guilty of or pled guilty or nolo 22 contendere to a felony or a crime punishable by imprisonment 23 of 1 year or more under the law of the United States of 24 America or of any state thereof or under the law of any other 25 country; 26 2. Has knowingly and willfully aided, assisted, 27 procured, advised, or abetted any person in the violation of a 28 provision of the insurance code or any order or rule of the 29 department, commission, or office; 30 3. Has knowingly and with intent to defraud, provided 31 a life expectancy that does not conform to an applicant's or 5 12:55 PM 04/27/05 s2412c1c-40-t6f
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 registrant's general practice; 2 4. Does not have a good business reputation or does 3 not have experience, training, or education that qualifies the 4 applicant or registrant to conduct the business of a life 5 expectancy provider; or 6 5. Has demonstrated a lack of fitness or 7 trustworthiness to engage in the business of issuing life 8 expectancies. 9 (12) The office may, in lieu of or in addition to any 10 suspension or revocation, assess an administrative fine not to 11 exceed $2,500 for each nonwillful violation or $10,000 for 12 each willful violation by a registered life expectancy 13 provider. The office may also place a registered life 14 expectancy provider on probation for a period not to exceed 2 15 years. 16 (13) It is a violation of this section for a person to 17 represent, orally or in writing, that a life expectancy 18 provider's registration pursuant to this act is in any way a 19 recommendation or approval of the entity or means that the 20 qualifications or abilities have in any way been approved of. 21 Section 20. Section 626.9919, Florida Statutes, is 22 amended to read: 23 626.9919 Notice of change of licensee or registrant's 24 address or name.--Each viatical settlement provider licensee 25 and registered life expectance provider, viatical settlement 26 broker licensee, and viatical settlement sales agent licensee 27 must provide the office or department, as applicable, at least 28 30 days' advance notice of any change in the licensee's or 29 registrant's name, residence address, principal business 30 address, or mailing address. 31 Section 21. Section 626.992, Florida Statutes, is 6 12:55 PM 04/27/05 s2412c1c-40-t6f
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 amended to read: 2 626.992 Use of licensed viatical settlement providers, 3 viatical settlement licensed brokers, and registered life 4 expectancy providers, and sales agents required.-- 5 (1) A licensed viatical settlement provider may not 6 use any person to perform the functions of a viatical 7 settlement broker as defined in this act unless such person 8 holds a current, valid life agent license and has appointed 9 himself or herself in conformance with this chapter as a 10 viatical settlement broker. Salaried individuals employed by 11 viatical settlement providers shall engage in viatical 12 settlement broker activities only when accompanied by a 13 viatical settlement broker who holds a current valid license 14 issued under this act. A viatical settlement provider may not 15 use any person to perform the functions of a viatical 16 settlement sales agent unless the person holds a current, 17 valid license as provided in subsection (4). 18 (2) A licensed viatical settlement broker may not use 19 any person to perform the functions of a viatical settlement 20 provider as defined in this act unless such person holds a 21 current, valid license as a viatical settlement provider. 22 (3) After July 1, 2006, a person may not operate as a 23 life expectancy provider unless such person is registered as a 24 life expectancy provider pursuant to this act. A viatical 25 settlement sales agent may not use any person to perform the 26 functions of a viatical settlement broker unless such person 27 holds a current, valid license as a viatical settlement 28 broker. 29 (4) After July 1, 2006, a viatical settlement 30 provider, viatical settlement broker, or any other person in 31 the business of viatical settlements may not obtain life 7 12:55 PM 04/27/05 s2412c1c-40-t6f
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 expectancies from a person who is not registered as a life 2 expectancy provider pursuant to this act. A person may not 3 perform the functions of a viatical settlement sales agent 4 unless licensed as a life agent as defined in s. 626.015 and 5 as provided in this chapter. 6 Section 22. Subsections (1) and (2) of section 7 626.9921, Florida Statutes, are amended to read: 8 626.9921 Filing of forms; required procedures; 9 approval.-- 10 (1) A viatical settlement contract form, viatical 11 settlement purchase agreement form, escrow form, or related 12 form may be used in this state only after the form has been 13 filed with the office and only after the form has been 14 approved by the office. 15 (2) The viatical settlement contract form, viatical 16 settlement purchase agreement form, escrow form, or related 17 form must be filed with the office at least 60 days before its 18 use. The form is considered approved on the 60th day after its 19 date of filing unless it has been previously disapproved by 20 the office. The office must disapprove a viatical settlement 21 contract form, viatical settlement purchase agreement form, 22 escrow form, or related form that is unreasonable, contrary to 23 the public interest, discriminatory, or misleading, or unfair 24 to the viator or the purchaser. 25 Section 23. Subsection (2) of section 626.9922, 26 Florida Statutes, is amended, and subsections (5), (6), and 27 (7) are added to said section, to read: 28 626.9922 Examination.-- 29 (2) All accounts, books and records, documents, files, 30 contracts, and other information relating to all transactions 31 of viatical settlement contracts, life expectancies, or 8 12:55 PM 04/27/05 s2412c1c-40-t6f
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 viatical settlement purchase agreements made before July 1, 2 2005, must be maintained by the licensee for a period of at 3 least 3 years after the death of the insured and must be 4 available to the office or department for inspection during 5 reasonable business hours. 6 (5) The office has jurisdiction over all viatical 7 settlement purchase agreements made before July 1, 2005, 8 including, but not limited to, the authority to examine 9 persons in possession of records relating to viatical 10 settlement purchase agreements made before July 1, 2005, and 11 that authority set forth in s. 624.319. 12 (6) If the office makes the determination that a 13 viatical settlement provider does not have the financial 14 ability to perform its present or future obligations under the 15 viatical settlement purchase agreements made before July 1, 16 2005, the office shall make a referral to the United States 17 Securities and Exchange Commission or the Office of Financial 18 Regulation for further administrative action pursuant to s. 19 517.191, including, but not limited to, the appointment of a 20 receiver by the court. 21 (7) Subsections (1), (2), (3), and (4) apply to life 22 expectancy providers providing life expectancies in the state 23 and providing life expectancies to viatical settlement 24 providers in the state, as if life expectancy providers were 25 licensees. 26 Section 24. Section 626.99245, Florida Statutes, is 27 amended to read: 28 626.99245 Conflict of regulation of viaticals.-- 29 (1) A viatical settlement provider who from this state 30 enters into a viatical settlement purchase agreement with a 31 purchaser who is a resident of another state that has enacted 9 12:55 PM 04/27/05 s2412c1c-40-t6f
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 statutes or adopted regulations governing viatical settlement 2 purchase agreements, shall be governed in the effectuation of 3 that viatical settlement purchase agreement by the statutes 4 and regulations of the purchaser's state of residence. If the 5 state in which the purchaser is a resident has not enacted 6 statutes or regulations governing viatical settlement purchase 7 agreements, the provider shall give the purchaser notice that 8 neither Florida nor his or her state regulates the transaction 9 upon which he or she is entering. For transactions in these 10 states, however, the viatical settlement provider is to 11 maintain all records required as if the transactions were 12 executed in Florida. However, the forms used in those states 13 need not be approved by the office. 14 (1)(2) A viatical settlement provider who from this 15 state enters into a viatical settlement contract with a viator 16 who is a resident of another state that has enacted statutes 17 or adopted regulations governing viatical settlement contracts 18 shall be governed in the effectuation of that viatical 19 settlement contract by the statutes and regulations of the 20 viator's state of residence. If the state in which the viator 21 is a resident has not enacted statutes or regulations 22 governing viatical settlement agreements, the provider shall 23 give the viator notice that neither Florida nor his or her 24 state regulates the transaction upon which he or she is 25 entering. For transactions in those states, however, the 26 viatical settlement provider is to maintain all records 27 required as if the transactions were executed in Florida. The 28 forms used in those states need not be approved by the office. 29 (2)(3) This section does not affect the requirement of 30 ss. 626.9911(12)(5) and 626.9912(1) that a viatical settlement 31 provider doing business from this state must obtain a viatical 10 12:55 PM 04/27/05 s2412c1c-40-t6f
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 settlement license from the office. As used in this 2 subsection, the term "doing business from this state" includes 3 effectuating viatical settlement contracts and effectuating 4 viatical settlement purchase agreements from offices in this 5 state, regardless of the state of residence of the viator or 6 the viatical settlement purchaser. 7 (4) The offer, sale, and purchase of viatical 8 settlement contracts, and the regulation of viatical 9 settlement providers shall be within the exclusive 10 jurisdiction of the Office of Insurance Regulation under the 11 provisions of this part. 12 Section 25. Section 626.9925, Florida Statutes, is 13 amended to read: 14 626.9925 Rules.--The commission may adopt rules to 15 administer this act, including rules establishing standards 16 for evaluating advertising by licensees; rules providing for 17 the collection of data, for disclosures to viators or 18 purchasers, and for the reporting of life expectancies and for 19 the registration of life expectancy providers; and rules 20 defining terms used in this act and prescribing recordkeeping 21 requirements relating to executed viatical settlement 22 contracts and viatical settlement purchase agreements. 23 Section 26. Section 626.9926, Florida Statutes, is 24 amended to read: 25 626.9926 Rate regulation not authorized.--Nothing in 26 this act shall be construed to authorize the office or 27 department to directly or indirectly regulate the amount paid 28 as consideration for entry into a viatical settlement contract 29 or viatical settlement purchase agreement. 30 Section 27. Subsection (1) of section 626.9927, 31 Florida Statutes, is amended to read: 11 12:55 PM 04/27/05 s2412c1c-40-t6f
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 626.9927 Unfair trade practices; cease and desist; 2 injunctions; civil remedy.-- 3 (1) A violation of this act is an unfair trade 4 practice under ss. 626.9521 and 626.9541 and is subject to the 5 penalties provided in the insurance code. Part IX X of this 6 chapter, entitled Unfair Insurance Trade Practices, applies to 7 a licensee under this act or a transaction subject to this act 8 as if a viatical settlement contract and a viatical settlement 9 purchase agreement were an insurance policy. 10 Section 28. Paragraph (b) of subsection (1) of section 11 626.99275, Florida Statutes, is amended, paragraph (d) is 12 added to that subsection, and subsection (2) of that section 13 is reenacted, to read: 14 626.99275 Prohibited practices; penalties.-- 15 (1) It is unlawful for any person: 16 (b) To knowingly or with the intent to defraud, for 17 the purpose of depriving another of property or for pecuniary 18 gain, issue or use a pattern of false, misleading, or 19 deceptive life expectancies. In the solicitation or sale of a 20 viatical settlement purchase agreement: 21 1. To employ any device, scheme, or artifice to 22 defraud; 23 2. To obtain money or property by means of an untrue 24 statement of a material fact or by any omission to state a 25 material fact necessary in order to make the statements made, 26 in light of the circumstances under which they were made, not 27 misleading; or 28 3. To engage in any transaction, practice, or course 29 of business which operates or would operate as a fraud or 30 deceit upon a person. 31 (d) To knowingly or intentionally facilitate the 12 12:55 PM 04/27/05 s2412c1c-40-t6f
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 change of state of residency of a viator to avoid the 2 provisions of this chapter. 3 (2) A person who violates any provision of this 4 section commits: 5 (a) A felony of the third degree, punishable as 6 provided in s. 775.082, s. 775.083, or s. 775.084, if the 7 insurance policy involved is valued at any amount less than 8 $20,000. 9 (b) A felony of the second degree, punishable as 10 provided in s. 775.082, s. 775.083, or s. 775.084, if the 11 insurance policy involved is valued at $20,000 or more, but 12 less than $100,000. 13 (c) A felony of the first degree, punishable as 14 provided in s. 775.082, s. 775.083, or s. 775.084, if the 15 insurance policy involved is valued at $100,000 or more. 16 Section 29. Section 626.99278, Florida Statutes, is 17 amended to read: 18 626.99278 Viatical provider anti-fraud plan.--Every 19 licensed viatical settlement provider and registered life 20 expectancy provider viatical settlement broker must adopt an 21 anti-fraud plan and file it with the Division of Insurance 22 Fraud of the department on or before December 1, 2000. Each 23 anti-fraud plan shall include: 24 (1) A description of the procedures for detecting and 25 investigating possible fraudulent acts and procedures for 26 resolving material inconsistencies between medical records and 27 insurance applications.; 28 (2) A description of the procedures for the mandatory 29 reporting of possible fraudulent insurance acts and prohibited 30 practices set forth in s. 626.99275 to the Division of 31 Insurance Fraud of the department.; 13 12:55 PM 04/27/05 s2412c1c-40-t6f
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 (3) A description of the plan for anti-fraud education 2 and training of its underwriters or other personnel.; and 3 (4) A written description or chart outlining the 4 organizational arrangement of the anti-fraud personnel who are 5 responsible for the investigation and reporting of possible 6 fraudulent insurance acts, and for the investigation of 7 investigating unresolved material inconsistencies between 8 medical records and insurance applications. 9 (5) For viatical settlement providers, a description 10 of the procedures used to perform initial and continuing 11 review of the accuracy of life expectancies used in connection 12 with a viatical settlement contract or viatical settleemnt 13 investment. 14 15 (Redesignate subsequent sections.) 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 On page 3, lines 3-20, delete those lines 21 22 and insert: 23 creating s. 626.99175, F.S.; requiring 24 registration to operate as a life expectancy 25 provider; providing registration for 26 requirements; requiring certain application 27 information; requiring registered life 28 expectancy providers to periodically file 29 audits with the office; providing audit 30 requirements; authorizing certain subsidiaries 31 of life expectancy providers to operate as a 14 12:55 PM 04/27/05 s2412c1c-40-t6f
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 provider under certain circumstances; 2 prohibiting certain providers, brokers, and 3 agents from owning or being an officer, 4 director, or employee of a life expectancy 5 provider; requiring providers to provide the 6 office with advance notice of certain changes; 7 requiring providers to retain copies of certain 8 information and documents; providing an 9 exception; providing procedures for approval or 10 denial of applications; specifying grounds for 11 denial of an application; authorizing the 12 office to assess administrative fines under 13 certain circumstances; authorizing the office 14 to place a provider on probation for a certain 15 period; specifying certain activities 16 violations; amending ss. 626.9919, 626.992, and 17 626.9921, F.S., to conform; amending s. 18 626.9922, F.S.; specifying office jurisdiction 19 over certain viatical settlement purchase 20 agreements; authorizing the office to refer 21 certain cases to the United States Securities 22 and Exchange Commission for administrative 23 action under certain circumstances; providing 24 application to life expectancy providers; 25 amending ss. 626.99245, 626.9925, 626.9926, and 26 626.9927, F.S., to conform; amending s. 27 626.99275, F.S.; revising prohibited practices 28 to apply to issuing life expectancies and 29 change a viator's residency for certain 30 purposes; providing a criminal penalty; 31 amending s. 626.99278, F.S.; providing for 15 12:55 PM 04/27/05 s2412c1c-40-t6f
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2412 Barcode 150506 1 application to registered life expectancy 2 providers; requiring an anti-fraud plan to 3 include a description of procedures used to 4 perform life expectancy accuracy reviews; 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 16 12:55 PM 04/27/05 s2412c1c-40-t6f