| 1 | A bill to be entitled | 
  
    | 2 | An act relating to insurance; amending s. 624.605, F.S.; | 
  
    | 3 | including debt cancellation products within the definition | 
  
    | 4 | of the term "casualty insurance"; describing debt | 
  
    | 5 | cancellation products; authorizing certain entities to | 
  
    | 6 | offer debt cancellation products under certain | 
  
    | 7 | circumstances; specifying such products as not | 
  
    | 8 | constituting insurance; amending ss. 627.553 and 627.679, | 
  
    | 9 | F.S.; revising certain limitations on certain amounts of | 
  
    | 10 | life insurance on a debtor; amending s. 627.681, F.S.; | 
  
    | 11 | revising a limitation on the term of credit disability | 
  
    | 12 | insurance; amending 627.681, F.S.; revising a provision | 
  
    | 13 | relating to the term and evidence of insurance; amending | 
  
    | 14 | s. 627.902, F.S.; exempting certain lump-sum premium | 
  
    | 15 | payments from provisions relating to premium financing; | 
  
    | 16 | amending s. 628.511, F.S.; revising the definitions of the | 
  
    | 17 | terms "clearing corporation" and "custodian"; deleting | 
  
    | 18 | definitions of the terms "book entry system" and "member | 
  
    | 19 | bank"; conforming changes; amending s. 655.947, F.S.; | 
  
    | 20 | providing what constitutes a debt cancellation product; | 
  
    | 21 | providing a definition; providing an effective date. | 
  
    | 22 | 
 | 
  
    | 23 | Be It Enacted by the Legislature of the State of Florida: | 
  
    | 24 | 
 | 
  
    | 25 | Section 1.  Paragraph (r) is 
      added to subsection (1) of | 
  
    | 26 | section 624.605, Florida Statutes, to read: | 
  
    | 27 | 624.605  "Casualty insurance" 
      defined.-- | 
  
    | 28 | (1)  "Casualty insurance" 
      includes: | 
  
    | 29 | (r)  Insurance for debt 
      cancellation products.--Insurance | 
  
    | 30 | that a creditor may purchase against the risk of financial loss | 
  
    | 31 | from the use of debt cancellation products with consumer loans | 
  
    | 32 | or leases or retail installment contracts. | 
  
    | 33 | 1.  For purposes of this 
      paragraph, debt cancellation | 
  
    | 34 | products, including, but not limited to, debt cancellation | 
  
    | 35 | contracts, debt suspension agreements, and guaranteed asset | 
  
    | 36 | protection contracts, are loan or lease or retail installment | 
  
    | 37 | contract terms, or modifications to loan, lease, or retail | 
  
    | 38 | installment contracts, under which a creditor agrees to cancel | 
  
    | 39 | or suspend all or part of a customer's obligation to make | 
  
    | 40 | payments upon the occurrence of specified events. | 
  
    | 41 | 2.  Debt cancellation 
      products may be offered by financial | 
  
    | 42 | institutions, as defined in s. 655.005(1)(h), and including | 
  
    | 43 | insured depository institutions, as defined in 12 U.S.C. s. | 
  
    | 44 | 1813(c), and subsidiaries thereof, as provided in the Financial | 
  
    | 45 | Institution Codes, or Motor Vehicle Retail Installment Sellers, | 
  
    | 46 | as defined in s. 520.02(15) or Retail Lessors, as defined in s. | 
  
    | 47 | 521.003(8), Florida Statutes, and such products shall not | 
  
    | 48 | constitute insurance for purposes of the Florida Insurance 
    Code. | 
  
    | 49 | Section 2.  Subsection (3) of 
      section 627.553, Florida | 
  
    | 50 | Statutes, is amended to read: | 
  
    | 51 | 627.553  Debtor groups.--The 
      lives of a group of | 
  
    | 52 | individuals may be insured under a policy issued to a creditor | 
  
    | 53 | or its parent holding company, or to a trustee or trustees or | 
  
    | 54 | agent designated by two or more creditors, which creditor, | 
  
    | 55 | holding company, affiliate, trustee or trustees, or agent shall | 
  
    | 56 | be deemed the policyholder, to insure debtors of the creditor or | 
  
    | 57 | creditors, subject to the following requirements: | 
  
    | 58 | (3)  The amount of insurance 
      on the life of any debtor | 
  
    | 59 | shall at no time exceed the amount owed by her or him which is | 
  
    | 60 | repayable in installments to the creditor or $50,000, whichever | 
  
    | 61 | is less, except that loans not exceeding 1 year's duration 
      shall | 
  
    | 62 | not be subject to such limits.However, on such loans 
      not | 
  
    | 63 | exceeding 1 year's duration, the limit of coverage shall not | 
  
    | 64 | exceed $50,000 with any one insurer. | 
  
    | 65 | Section 3.  Paragraph (b) of 
      subsection (1) of section | 
  
    | 66 | 627.679, Florida Statutes, is amended to read: | 
  
    | 67 | 627.679  Amount of insurance; 
      disclosure.-- | 
  
    | 68 | (1) | 
  
    | 69 | (b)  The total amount of 
      credit life insurance on the life | 
  
    | 70 | of any debtor with respect to any loan or loans covered in one | 
  
    | 71 | or more insurance policies shall at no time exceed the amount 
      of | 
  
    | 72 | the indebtedness $50,000 with any one creditor, except 
      that | 
  
    | 73 | loans not exceeding 1 year's duration shall not be subject to | 
  
    | 74 | such limits, and on such loans not exceeding 1 year's duration, | 
  
    | 75 | the limits of coverage shall not exceed $50,000 with any one | 
  
    | 76 | insurer. | 
  
    | 77 | Section 4.  Subsection (2) of 
      section 627.681, Florida | 
  
    | 78 | Statutes, is amended to read: | 
  
    | 79 | 627.681  Term and evidence of 
      insurance.-- | 
  
    | 80 | (2)  The term of credit 
      disability insurance on any debtor | 
  
    | 81 | insured under this section shall not exceed the term of | 
  
    | 82 | indebtedness 10 years, and for credit transactions that 
      exceed | 
  
    | 83 | 60 months, coverage shall not exceed 60 monthly 
  indemnities. | 
  
    | 84 | Section 5.  Section 627.902, 
      Florida Statutes, is amended | 
  
    | 85 | to read: | 
  
    | 86 | 627.902  Premium financing by 
      an insurer or subsidiary.-- | 
  
    | 87 | (1)  An insurer, a 
      subsidiary of an insurer, or a | 
  
    | 88 | corporation under substantially the same management or control | 
  
    | 89 | as an authorized insurer or group of authorized insurers may | 
  
    | 90 | finance property, casualty, surety, and marine insurance | 
  
    | 91 | premiums on policies issued or business produced by such insurer | 
  
    | 92 | or insurers; however, any such insurer, subsidiary, or | 
  
    | 93 | corporation or group of insurers that charges a total service | 
  
    | 94 | charge per year or rate of interest which is substantially more | 
  
    | 95 | than that provided in s. 627.901 shall be subject to part XV of | 
  
    | 96 | this chapter. Notwithstanding any other provision of law, an | 
  
    | 97 | insurer, a subsidiary of an insurer, or a corporation under | 
  
    | 98 | substantially the same management or control as an authorized | 
  
    | 99 | insurer or group of authorized insurers may charge one-half of | 
  
    | 100 | the additional charge provided in s. 627.840, and the charges | 
  
    | 101 | provided in s. 627.841. | 
  
    | 102 | (2)  Nothing in this part 
      or in part XV shall disallow or | 
  
    | 103 | otherwise apply to a discount for those who pay the entire | 
  
    | 104 | premium for the entire policy term at the inception of the term | 
  
    | 105 | if the discount is found to be actuarially justified by the | 
  
    | 106 | office and approved by the office pursuant to the provisions of | 
  
    | 107 | part I of this chapter. Such actuarially justified and approved | 
  
    | 108 | discount shall not be deemed a component of or related to | 
  
    | 109 | premium financing. | 
  
    | 110 | Section 6.  Section 628.511, 
      Florida Statutes, is amended | 
  
    | 111 | to read: | 
  
    | 112 | 628.511  Clearing 
      corporations Book entry accounting | 
  
    | 113 | system.-- | 
  
    | 114 | (1)  The purpose of this 
      section is to authorize domestic | 
  
    | 115 | insurers to utilize modern systems for holding and transferring | 
  
    | 116 | securities without physical delivery of securities certificates, | 
  
    | 117 | subject to appropriate rules of the commission. | 
  
    | 118 | (2)  The following terms are 
      defined for use in this | 
  
    | 119 | section: | 
  
    | 120 | (a)  "Securities" means 
      instruments as defined in s. | 
  
    | 121 | 678.1021. | 
  
    | 122 | (b)  "Clearing corporation" 
      means a clearing corporation as | 
  
    | 123 | defined in s. 678.1021. The term "clearing corporation" also | 
  
    | 124 | includes "treasury/reserve automated debt entry securities | 
  
    | 125 | includes "treasury/reserve automated debt entry securities | 
  
    | 126 | system" and "treasury direct" book-entry securities systems as | 
  
    | 127 | established pursuant to 31 U.S.C. ss. 3100 et seq., 12 U.S.C. | 
  
    | 128 | 391 and 5 U.S.C. 301. | 
  
    | 129 | (c)  "Custodian" "Direct participant"means a national | 
  
    | 130 | bank, state bank or trust company, or broker or dealer that | 
  
    | 131 | which maintains an account in its name in a clearing 
      corporation | 
  
    | 132 | and through which an insurance companyparticipates in a | 
  
    | 133 | clearing corporation. | 
  
    | 134 | (d)  "Federal Reserve 
      book-entry system" means the | 
  
    | 135 | computerized systems sponsored by the United States Department | 
  
    | 136 | of the Treasury and agencies and instrumentalities of the 
      United | 
  
    | 137 | States for holding and transferring securities of the United | 
  
    | 138 | States Government and such agencies and instrumentalities, | 
  
    | 139 | respectively, in Federal Reserve banks through banks which are | 
  
    | 140 | members of the Federal Reserve System or which otherwise have | 
  
    | 141 | access to such computerized systems. | 
  
    | 142 | (e)  "Member bank" means a 
      national bank, state bank or | 
  
    | 143 | trust company which is a member of the Federal Reserve System | 
  
    | 144 | and through which an insurer participates in the Federal 
      Reserve | 
  
    | 145 | book-entry system. | 
  
    | 146 | (3)  Notwithstanding any other 
      provision of law, a domestic | 
  
    | 147 | insurer may deposit or arrange for the deposit of securities | 
  
    | 148 | held in or purchased for its general account and its separate | 
  
    | 149 | accounts in a clearing corporation or in the Federal Reserve | 
  
    | 150 | book-entry system. When securities are deposited with a 
      clearing | 
  
    | 151 | corporation, certificates representing securities of the same | 
  
    | 152 | class of the same issuer may be merged and held in bulk in the | 
  
    | 153 | name of the nominee of such clearing corporation with any other | 
  
    | 154 | securities deposited with such clearing corporation by any | 
  
    | 155 | person, regardless of the ownership of such securities, and | 
  
    | 156 | certificates representing securities of small denominations may | 
  
    | 157 | be merged into one or more certificates of larger denominations. | 
  
    | 158 | The records of any custodian bankthrough which an 
      insurer holds | 
  
    | 159 | securities in the Federal Reserve book-entry system, and the | 
  
    | 160 | records of any custodian banks through which an insurer holds | 
  
    | 161 | securitiesin a clearing corporation, shall at all times show | 
  
    | 162 | that such securities are held for such insurer and for which | 
  
    | 163 | accounts thereof. Ownership of, and other interests in, such | 
  
    | 164 | securities may be transferred by bookkeeping entry on the books | 
  
    | 165 | of such clearing corporation or in the Federal Reserve 
  book- | 
  
    | 166 | entry systemwithout, in either case,physical delivery 
      of | 
  
    | 167 | certificates representing such securities. | 
  
    | 168 | (4)  The commission may adopt 
      rules governing the deposit | 
  
    | 169 | by insurers of securities with clearing corporations and in the | 
  
    | 170 | Federal Reserve book-entry system. | 
  
    | 171 | Section 7.  Section 655.947, 
      Florida Statutes, is created | 
  
    | 172 | to read: | 
  
    | 173 | 655.947  Debt cancellation 
      products.-- | 
  
    | 174 | (1)  Debt cancellation 
      products, including, but not limited | 
  
    | 175 | to, debt cancellation contracts, debt suspension agreements, 
      and | 
  
    | 176 | guaranteed asset protection contracts, are loan or lease | 
  
    | 177 | contract terms, or modifications to loan or lease contracts, | 
  
    | 178 | under which a creditor agrees to cancel or suspend all or part | 
  
    | 179 | of a customer's obligation to make payments upon the occurrence | 
  
    | 180 | of specified events. Debt cancellation products may be offered, | 
  
    | 181 | and a fee charged, by financial institutions and their | 
  
    | 182 | subsidiaries subject to the provisions of this section. As used | 
  
    | 183 | in this section, the term "financial institutions" includes | 
  
    | 184 | those as defined in s. 655.005(1)(h) and insured depository | 
  
    | 185 | institutions as defined in 12 U.S.C. s. 1813. | 
  
    | 186 | (2)  The commission shall 
      adopt rules to administer this | 
  
    | 187 | section, such rules shall be consistent with 12 CFR Part 37, as | 
  
    | 188 | amended. | 
  
    | 189 | Section 8.  This act shall 
      take effect upon becoming a law. |