| 1 | The Commerce Council recommends the following: | 
| 2 | 
  | 
| 3 |      Council/Committee Substitute | 
| 4 |      Remove the entire bill and insert: | 
| 5 | A bill to be entitled | 
| 6 | An act relating to insurance; amending s. 624.605, F.S.;  | 
| 7 | including debt cancellation products within the definition  | 
| 8 | of the term "casualty insurance"; describing debt  | 
| 9 | cancellation products; authorizing certain entities to  | 
| 10 | offer debt cancellation products under certain  | 
| 11 | circumstances; specifying such products as not  | 
| 12 | constituting insurance; amending ss. 627.553 and 627.679,  | 
| 13 | F.S.; revising certain limitations on certain amounts of  | 
| 14 | life insurance on a debtor; amending s. 627.681, F.S.;  | 
| 15 | revising a limitation on the term of credit disability  | 
| 16 | insurance; providing an effective date. | 
| 17 | 
  | 
| 18 | Be It Enacted by the Legislature of the State of Florida: | 
| 19 | 
  | 
| 20 |      Section 1.  Paragraph (r) is added to subsection (1) of  | 
| 21 | section 624.605, Florida Statutes, to read: | 
| 22 |      624.605  "Casualty insurance" defined.-- | 
| 23 |      (1)  "Casualty insurance" includes: | 
| 24 |      (r)  Insurance for debt cancellation products.--Insurance  | 
| 25 | that a creditor may purchase against the risk of financial loss  | 
| 26 | from the use of debt cancellation products with consumer loans  | 
| 27 | and leases. | 
| 28 |      1.  For purposes of this paragraph, debt cancellation  | 
| 29 | products, including, but not limited to, debt cancellation  | 
| 30 | contracts, debt suspension agreements, and guaranteed asset  | 
| 31 | protection contracts, are loan and lease contract terms, or  | 
| 32 | modifications to loan or lease contracts, under which a creditor  | 
| 33 | agrees to cancel or suspend all or part of a customer's  | 
| 34 | obligation to make payments upon the occurrence of specified  | 
| 35 | adverse events. | 
| 36 |      2.  Debt cancellation products may be offered by financial  | 
| 37 | institutions, as defined in s. 655.005(1)(h), pursuant to the  | 
| 38 | same terms and conditions as products offered by depository  | 
| 39 | institutions, as defined in 12 U.S.C. s. 1813(c), or federal  | 
| 40 | credit unions, as defined in 12 U.S.C. s. 1752(1), and such  | 
| 41 | products shall not constitute insurance for purposes of the  | 
| 42 | Florida Insurance Code. | 
| 43 |      Section 2.  Subsection (3) of section 627.553, Florida  | 
| 44 | Statutes, is amended to read: | 
| 45 |      627.553  Debtor groups.--The lives of a group of  | 
| 46 | individuals may be insured under a policy issued to a creditor  | 
| 47 | or its parent holding company, or to a trustee or trustees or  | 
| 48 | agent designated by two or more creditors, which creditor,  | 
| 49 | holding company, affiliate, trustee or trustees, or agent shall  | 
| 50 | be deemed the policyholder, to insure debtors of the creditor or  | 
| 51 | creditors, subject to the following requirements: | 
| 52 |      (3)  The amount of insurance on the life of any debtor  | 
| 53 | shall at no time exceed the amount owed by her or him which is  | 
| 54 | repayable in installments to the creditor or $50,000, whichever  | 
| 55 | is less, except that loans not exceeding 1 year's duration shall  | 
| 56 | not be subject to such limits. However, on such loans not  | 
| 57 | exceeding 1 year's duration, the limit of coverage shall not  | 
| 58 | exceed $50,000 with any one insurer. | 
| 59 |      Section 3.  Paragraph (b) of subsection (1) of section  | 
| 60 | 627.679, Florida Statutes, is amended to read: | 
| 61 |      627.679  Amount of insurance; disclosure.-- | 
| 62 |      (1) | 
| 63 |      (b)  The total amount of credit life insurance on the life  | 
| 64 | of any debtor with respect to any loan or loans covered in one  | 
| 65 | or more insurance policies shall at no time exceed the amount of  | 
| 66 | the indebtedness $50,000 with any one creditor, except that  | 
| 67 | loans not exceeding 1 year's duration shall not be subject to  | 
| 68 | such limits, and on such loans not exceeding 1 year's duration,  | 
| 69 | the limits of coverage shall not exceed $50,000 with any one  | 
| 70 | insurer. | 
| 71 |      Section 4.  Subsection (2) of section 627.681, Florida  | 
| 72 | Statutes, is amended to read: | 
| 73 |      627.681  Term and evidence of insurance.-- | 
| 74 |      (2)  The term of credit disability insurance on any debtor  | 
| 75 | insured under this section shall not exceed the term of  | 
| 76 | indebtedness 10 years, and for credit transactions that exceed  | 
| 77 | 60 months, coverage shall not exceed 60 monthly indemnities. | 
| 78 |      Section 5.  This act shall take effect upon becoming a law. |