Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1007, 1st Eng.
       
       
       
       
       
       
                                Ì888862OÎ888862                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .         Floor: SENA1/C         
             05/05/2017 05:43 PM       .      05/05/2017 08:46 PM       
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       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective September 1, 2017, section 626.9891,
    6  Florida Statutes, is reordered and amended to read:
    7         626.9891 Insurer anti-fraud investigative units; reporting
    8  requirements; penalties for noncompliance.—
    9         (1)(5)As used in For purposes of this section, the term:
   10         (a) “Anti-fraud investigative unit” means the designated
   11  anti-fraud unit or division, or contractor authorized under
   12  subparagraph (2)(a)2.
   13         (b) “Designated anti-fraud unit or division” includes a
   14  distinct unit or division or a unit or division made up of the
   15  assignment of fraud investigation to employees whose principal
   16  responsibilities are the investigation and disposition of claims
   17  who are also assigned investigation of fraud. If an insurer
   18  creates a distinct unit or division, hires additional employees,
   19  or contracts with another entity to fulfill the requirements of
   20  this section, the additional cost incurred must be included as
   21  an administrative expense for ratemaking purposes.
   22         (2)(1)By December 31, 2017, every insurer admitted to do
   23  business in this state who in the previous calendar year, at any
   24  time during that year, had $10 million or more in direct
   25  premiums written shall:
   26         (a)1. Establish and maintain a designated anti-fraud unit
   27  or division within the company to investigate and report
   28  possible fraudulent insurance acts claims by insureds or by
   29  persons making claims for services or repairs against policies
   30  held by insureds; or
   31         2.(b) Contract with others to investigate and report
   32  possible fraudulent insurance acts by insureds or by persons
   33  making claims for services or repairs against policies held by
   34  insureds.
   35         (b) Adopt an anti-fraud plan.
   36         (c) Designate at least one employee with primary
   37  responsibility for implementing the requirements of this
   38  section.
   39         (d) Electronically An insurer subject to this subsection
   40  shall file with the Division of Investigative and Forensic
   41  Services of the department, and annually thereafter on or before
   42  July 1, 1996, a detailed description of the designated anti
   43  fraud unit or division established pursuant to paragraph (a) or
   44  a copy of the contract executed under subparagraph (a)2., as
   45  applicable, a copy of the anti-fraud plan, and the name of the
   46  employee designated under paragraph (c) and related documents
   47  required by paragraph (b).
   48  
   49  An insurer must include the additional cost incurred in creating
   50  a distinct unit or division, hiring additional employees, or
   51  contracting with another entity to fulfill the requirements of
   52  this section, as an administrative expense for ratemaking
   53  purposes.
   54         (2)Every insurer admitted to do business in this state,
   55  which in the previous calendar year had less than $10 million in
   56  direct premiums written, must adopt an anti-fraud plan and file
   57  it with the Division of Investigative and Forensic Services of
   58  the department on or before July 1, 1996. An insurer may, in
   59  lieu of adopting and filing an anti-fraud plan, comply with the
   60  provisions of subsection (1).
   61         (3) Each insurers anti-fraud plan must plans shall include:
   62         (a) An acknowledgement that the insurer has established
   63  procedures for detecting and investigating possible fraudulent
   64  insurance acts relating to the different types of insurance by
   65  that insurer A description of the insurer’s procedures for
   66  detecting and investigating possible fraudulent insurance acts;
   67         (b) An acknowledgment that the insurer has established A
   68  description of the insurer’s procedures for the mandatory
   69  reporting of possible fraudulent insurance acts to the Division
   70  of Investigative and Forensic Services of the department;
   71         (c) An acknowledgement that the insurer provides the A
   72  description of the insurer’s plan for anti-fraud education and
   73  training required by this section to the anti-fraud
   74  investigative unit of its claims adjusters or other personnel;
   75  and
   76         (d) A description of the required anti-fraud education and
   77  training;
   78         (e) A written description or chart outlining the
   79  organizational arrangement of the insurer’s anti-fraud
   80  investigative unit, including the position titles and
   81  descriptions of staffing; and personnel who are responsible for
   82  the investigation and reporting of possible fraudulent insurance
   83  acts
   84         (f)The rationale for the level of staffing and resources
   85  being provided for the anti-fraud investigative unit which may
   86  include objective criteria, such as the number of policies
   87  written, the number of claims received on an annual basis, the
   88  volume of suspected fraudulent claims detected on an annual
   89  basis, an assessment of the optimal caseload that one
   90  investigator can handle on an annual basis, and other factors.
   91         (4) By December 31, 2018, each insurer shall provide staff
   92  of the anti-fraud investigative unit at least 2 hours of initial
   93  anti-fraud training that is designed to assist in identifying
   94  and evaluating instances of suspected fraudulent insurance acts
   95  in underwriting or claims activities. Annually thereafter, an
   96  insurer shall provide such employees a 1-hour course that
   97  addresses detection, referral, investigation, and reporting of
   98  possible fraudulent insurance acts for the types of insurance
   99  lines written by the insurer.
  100         (5) Each insurer is required to report data related to
  101  fraud for each identified line of business written by the
  102  insurer during the prior calendar year. The data shall be
  103  reported to the department by March 1, 2019, and annually
  104  thereafter, and must include, at a minimum:
  105         (a)The number of policies in effect;
  106         (b)The amount of premiums written for policies;
  107         (c)The number of claims received;
  108         (d)The number of claims referred to the anti-fraud
  109  investigative unit;
  110         (e)The number of other insurance fraud matters referred to
  111  the anti-fraud investigative unit that were not claim related;
  112         (f)The number of claims investigated or accepted by the
  113  anti-fraud investigative unit;
  114         (g)The number of other insurance fraud matters
  115  investigated or accepted by the anti-fraud investigative unit
  116  that were not claim related;
  117         (h)The number of cases referred to the Division of
  118  Investigative and Forensic Services;
  119         (i)The number of cases referred to other law enforcement
  120  agencies;
  121         (j)The number of cases referred to other entities; and
  122         (k)The estimated dollar amount or range of damages on
  123  cases referred to the Division of Investigative and Forensic
  124  Services or other agencies.
  125         (6) In addition to providing information required under
  126  subsections (2), (4), and (5), each insurer writing workers’
  127  compensation insurance shall also report the following
  128  information to the department, on or before March 1, 2019, and
  129  annually thereafter August 1 of each year, on its experience in
  130  implementing and maintaining an anti-fraud investigative unit or
  131  an anti-fraud plan. The report must include, at a minimum:
  132         (a)The estimated dollar amount of losses attributable to
  133  workers’ compensation fraud delineated by the type of fraud,
  134  including claimant, employer, provider, agent, or other type.
  135         (b)The estimated dollar amount of recoveries attributable
  136  to workers’ compensation fraud delineated by the type of fraud,
  137  including claimant, employer, provider, agent, or other type.
  138         (c)The number of cases referred to the Division of
  139  Investigative and Forensic Services, delineated by the type of
  140  fraud, including claimant, employer, provider, agent, or other
  141  type.
  142         (a)The dollar amount of recoveries and losses attributable
  143  to workers’ compensation fraud delineated by the type of fraud:
  144  claimant, employer, provider, agent, or other.
  145         (b)The number of referrals to the Bureau of Workers’
  146  Compensation Fraud for the prior year.
  147         (c)A description of the organization of the anti-fraud
  148  investigative unit, if applicable, including the position titles
  149  and descriptions of staffing.
  150         (d)The rationale for the level of staffing and resources
  151  being provided for the anti-fraud investigative unit, which may
  152  include objective criteria such as number of policies written,
  153  number of claims received on an annual basis, volume of
  154  suspected fraudulent claims currently being detected, other
  155  factors, and an assessment of optimal caseload that can be
  156  handled by an investigator on an annual basis.
  157         (e)The inservice education and training provided to
  158  underwriting and claims personnel to assist in identifying and
  159  evaluating instances of suspected fraudulent activity in
  160  underwriting or claims activities.
  161         (f)A description of a public awareness program focused on
  162  the costs and frequency of insurance fraud and methods by which
  163  the public can prevent it.
  164         (7)(4)An Any insurer who obtains a certificate of
  165  authority has 6 after July 1, 1995, shall have 18 months in
  166  which to comply with subsection (2), and one calendar year
  167  thereafter, to comply with subsections (4), (5), and (6) the
  168  requirements of this section.
  169         (8)(7) If an insurer fails to timely submit a final
  170  acceptable anti-fraud plan or anti-fraud investigative unit
  171  description, fails to implement the provisions of a plan or an
  172  anti-fraud investigative unit description, or otherwise refuses
  173  to comply with the provisions of this section, the department,
  174  office, or commission may:
  175         (a) Impose an administrative fine of not more than $2,000
  176  per day for such failure by an insurer to submit an acceptable
  177  anti-fraud plan or anti-fraud investigative unit description,
  178  until the department, office, or commission deems the insurer to
  179  be in compliance;
  180         (b) Impose an administrative fine for failure by an insurer
  181  to implement or follow the provisions of an anti-fraud plan or
  182  anti-fraud investigative unit description; or
  183         (c) Impose the provisions of both paragraphs (a) and (b).
  184         (9) On or before December 31, 2018, the Division of
  185  Investigative and Forensic Services shall create a report
  186  detailing best practices for the detection, investigation,
  187  prevention, and reporting of insurance fraud and other
  188  fraudulent insurance acts. The report must be updated as
  189  necessary but at least every 2 years. The report must provide:
  190         (a)Information on the best practices for the establishment
  191  of anti-fraud investigative units within insurers;
  192         (b)Information on the best practices and methods for
  193  detecting and investigating insurance fraud and other fraudulent
  194  insurance acts;
  195         (c) Information on appropriate anti-fraud education and
  196  training of insurer personnel;
  197         (d) Information on the best practices for reporting
  198  insurance fraud and other fraudulent insurance acts to the
  199  Division of Investigative and Forensic Services and to other law
  200  enforcement agencies;
  201         (e) Information regarding the appropriate level of staffing
  202  and resources for anti-fraud investigative units within
  203  insurers;
  204         (f) Information detailing statistics and data relating to
  205  insurance fraud which insurers should maintain; and
  206         (g) Other information as determined by the Division of
  207  Investigative and Forensic Services.
  208         (10)(8) The department may adopt rules to administer this
  209  section, except that it shall adopt rules to administer
  210  subsection (5).
  211         Section 2. Effective July 1, 2017, section 626.9896,
  212  Florida Statutes, is created to read:
  213         626.9896Dedicated insurance fraud prosecutors.—
  214         (1)The department shall collect data from each state
  215  attorney office that receives an appropriation to fund attorneys
  216  and paralegals dedicated solely to the prosecution of insurance
  217  fraud cases and report on the use of such funds. The data must
  218  be submitted by the state attorneys to the Division of
  219  Investigative and Forensic Services on the last day of each
  220  calendar quarter beginning September 30, 2017, and quarterly
  221  thereafter. Data must be submitted for each attorney funded by
  222  the appropriation and grouped by case type, including Division
  223  of Investigative and Forensic Services insurance fraud cases,
  224  other insurance fraud cases, and cases not involving insurance
  225  fraud. For each type of case, the data must include the number
  226  of cases in which an information has been filed; the number of
  227  cases pending at pretrial or intake, the number of cases in
  228  which the attorney is assisting in the investigation; the number
  229  of cases closed or disposed of during the prior quarter; the
  230  disposition of the cases closed during the prior quarter; and
  231  the number of cases currently pending in a pretrial diversion
  232  program.
  233         (2)The Division of Investigative and Forensic Services
  234  must report the data collected pursuant to subsection (1) for
  235  the year ending June 30, to the Executive Office of the
  236  Governor, the Speaker of the House of Representatives, and the
  237  President of the Senate by September 1, 2018, and annually
  238  thereafter.
  239         Section 3. Section 641.221, Florida Statutes, is amended to
  240  read:
  241         641.221 Continued eligibility for certificate of
  242  authority.—
  243         (1) In order to maintain its eligibility for a certificate
  244  of authority, a health maintenance organization shall continue
  245  to meet all conditions required to be met under this part and
  246  the rules promulgated thereunder for the initial application for
  247  and issuance of its certificate of authority under s. 641.22.
  248         (2)In order to maintain eligibility for a certificate of
  249  authority, a health maintenance organization authorized under
  250  the Florida Insurance Code to exclusively market, sell, or offer
  251  to sell Medicare Advantage plans in this state shall be actively
  252  engaged in managed care within 24 months after licensure, shall
  253  designate and maintain at least one primary anti-fraud employee,
  254  and shall adopt an anti-fraud plan. The Office of Insurance
  255  Regulation may extend the period of eligibility upon written
  256  request.
  257         Section 4. Paragraph (m) of subsection (1) of section
  258  626.9541, Florida Statutes, is amended to read:
  259         626.9541 Unfair methods of competition and unfair or
  260  deceptive acts or practices defined.—
  261         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
  262  ACTS.—The following are defined as unfair methods of competition
  263  and unfair or deceptive acts or practices:
  264         (m) Advertising and promotional gifts and charitable
  265  contributions permitted.—
  266         1. No provision of paragraph (f), paragraph (g), or
  267  paragraph (h) shall be deemed to prohibit a licensed insurer or
  268  its agent from:
  269         a. Giving to insureds, prospective insureds, and others,
  270  for the purpose of advertising, any article of merchandise,
  271  goods, wares, gift cards, gift certificates, event tickets,
  272  anti-fraud or loss mitigation services, and other items with a
  273  total value of $100 or less per customer or prospective customer
  274  within 1 calendar year having a value of not more than $25.
  275         b. Making charitable contributions, as defined in s. 170(c)
  276  of the Internal Revenue Code, on behalf of insureds or
  277  prospective insureds of up to $100 per insured or prospective
  278  insured each calendar year.
  279         2. A title insurance agent or title insurance agency, as
  280  those terms are defined in s. 626.841, or a title insurer, as
  281  defined in s. 627.7711, may not give to insureds, prospective
  282  insureds, or others, for the purpose of advertising, any article
  283  of merchandise having a value in excess of $25. A person or
  284  entity governed by this subparagraph is exempt from subparagraph
  285  1.
  286         Section 5. Section 641.3915, Florida Statutes, is amended
  287  to read:
  288         641.3915 Health maintenance organization anti-fraud plans
  289  and investigative units.—Each authorized health maintenance
  290  organization and applicant for a certificate of authority shall
  291  comply with the provisions of ss. 626.989 and 626.9891 as though
  292  such organization or applicant were an authorized insurer. For
  293  purposes of this section, the reference to the year 1996 in s.
  294  626.9891 means the year 2000 and the reference to the year 1995
  295  means the year 1999.
  296         Section 6. Present subsections (2) through (7) of section
  297  626.9911, Florida Statutes, are renumbered as subsections (3)
  298  through (8), respectively, present subsections (8) through (14)
  299  of that section are renumbered as subsections (10) through (16),
  300  respectively, and new subsections (2) and (9) are added to that
  301  section, to read:
  302         626.9911 Definitions.—As used in this act, the term:
  303         (2)“Fraudulent viatical settlement act” means an act or
  304  omission committed by a person who knowingly, or with intent to
  305  defraud for the purpose of depriving another of property or for
  306  pecuniary gain, commits or allows an employee or agent to commit
  307  any of the following acts:
  308         (a)Presenting, causing to be presented, or preparing with
  309  the knowledge or belief that it will be presented to or by
  310  another person, false or concealed material information as part
  311  of, in support of, or concerning a fact material to:
  312         1.An application for the issuance of a viatical settlement
  313  contract or a life insurance policy;
  314         2.The underwriting of a viatical settlement contract or a
  315  life insurance policy;
  316         3.A claim for payment or benefit pursuant to a viatical
  317  settlement contract or a life insurance policy;
  318         4.Premiums paid on a life insurance policy;
  319         5.Payments and changes in ownership or beneficiary made in
  320  accordance with the terms of a viatical settlement contract or a
  321  life insurance policy;
  322         6.The reinstatement or conversion of a life insurance
  323  policy;
  324         7.The solicitation, offer, effectuation, or sale of a
  325  viatical settlement contract or a life insurance policy;
  326         8.The issuance of written evidence of a viatical
  327  settlement contract or a life insurance policy; or
  328         9.A financing transaction for a viatical settlement
  329  contract or life insurance policy.
  330         (b)Employing a plan, financial structure, device, scheme,
  331  or artifice relating to viaticated policies for the purpose of
  332  perpetrating fraud.
  333         (c)Engaging in a stranger-originated life insurance
  334  practice.
  335         (d)Failing to disclose, upon request by an insurer, that
  336  the prospective insured has undergone a life expectancy
  337  evaluation by a person other than the insurer or its authorized
  338  representatives in connection with the issuance of the life
  339  insurance policy.
  340         (e)Perpetuating a fraud or preventing the detection of a
  341  fraud by:
  342         1.Removing, concealing, altering, destroying, or
  343  sequestering from the office the assets or records of a licensee
  344  or other person engaged in the business of viatical settlements;
  345         2.Misrepresenting or concealing the financial condition of
  346  a licensee, financing entity, insurer, or other person;
  347         3.Transacting in the business of viatical settlements in
  348  violation of laws requiring a license, certificate of authority,
  349  or other legal authority to transact such business; or
  350         4.Filing with the office or the equivalent chief insurance
  351  regulatory official of another jurisdiction a document that
  352  contains false information or conceals information about a
  353  material fact from the office or other regulatory official.
  354         (f)Embezzlement, theft, misappropriation, or conversion of
  355  moneys, funds, premiums, credits, or other property of a
  356  viatical settlement provider, insurer, insured, viator,
  357  insurance policyowner, or other person engaged in the business
  358  of viatical settlements or life insurance.
  359         (g)Entering into, negotiating, brokering, or otherwise
  360  dealing in a viatical settlement contract, the subject of which
  361  is a life insurance policy that was obtained based on
  362  information that was falsified or concealed for the purpose of
  363  defrauding the policy’s issuer, viatical settlement provider, or
  364  viator.
  365         (h)Facilitating the viator’s change of residency state to
  366  avoid the provisions of this act.
  367         (i)Facilitating or causing the creation of a trust with a
  368  non-Florida or other nonresident entity for the purpose of
  369  owning a life insurance policy covering a Florida resident to
  370  avoid the provisions of this act.
  371         (j)Facilitating or causing the transfer of the ownership
  372  of an insurance policy covering a Florida resident to a trust
  373  with a situs outside this state or to another nonresident entity
  374  to avoid the provisions of this act.
  375         (k)Applying for or obtaining a loan that is secured
  376  directly or indirectly by an interest in a life insurance policy
  377  with intent to defraud, for the purpose of depriving another of
  378  property or for pecuniary gain.
  379         (l)Attempting to commit, assisting, aiding, or abetting in
  380  the commission of, or conspiring to commit, an act or omission
  381  specified in this subsection.
  382         (9)“Stranger-originated life insurance practice” means an
  383  act, practice, arrangement, or agreement to initiate a life
  384  insurance policy for the benefit of a third-party investor who,
  385  at the time of policy origination, has no insurable interest in
  386  the insured. Stranger-originated life insurance practices
  387  include, but are not limited to:
  388         (a)The purchase of a life insurance policy with resources
  389  or guarantees from or through a person who, at the time of such
  390  policy’s inception, could not lawfully initiate the policy and
  391  the execution of a verbal or written arrangement or agreement to
  392  directly or indirectly transfer the ownership of such policy or
  393  policy benefits to a third party.
  394         (b)The creation of a trust or other entity that has the
  395  appearance of an insurable interest in order to initiate
  396  policies for investors, in violation of insurable interest laws
  397  and the prohibition against wagering on life.
  398         Section 7. Subsection (7) of section 626.9924, Florida
  399  Statutes, is amended to read:
  400         626.9924 Viatical settlement contracts; procedures;
  401  rescission.—
  402         (7) At any time during the contestable period, within 20
  403  days after a viator executes documents necessary to transfer
  404  rights under an insurance policy or within 20 days of any
  405  agreement, option, promise, or any other form of understanding,
  406  express or implied, to viaticate the policy, the provider must
  407  give notice to the insurer of the policy that the policy has or
  408  will become a viaticated policy. The notice must be accompanied
  409  by the documents required by s. 626.99287 626.99287(5)(a) in
  410  their entirety.
  411         Section 8. Subsection (2) of section 626.99245, Florida
  412  Statutes, is amended to read:
  413         626.99245 Conflict of regulation of viaticals.—
  414         (2) This section does not affect the requirement of ss.
  415  626.9911(14) 626.9911(12) and 626.9912(1) that a viatical
  416  settlement provider doing business from this state must obtain a
  417  viatical settlement license from the office. As used in this
  418  subsection, the term “doing business from this state” includes
  419  effectuating viatical settlement contracts from offices in this
  420  state, regardless of the state of residence of the viator.
  421         Section 9. Subsection (1) of section 626.99275, Florida
  422  Statutes, is amended to read:
  423         626.99275 Prohibited practices; penalties.—
  424         (1) It is unlawful for a any person to:
  425         (a) To Knowingly enter into, broker, or otherwise deal in a
  426  viatical settlement contract the subject of which is a life
  427  insurance policy, knowing that the policy was obtained by
  428  presenting materially false information concerning any fact
  429  material to the policy or by concealing, for the purpose of
  430  misleading another, information concerning any fact material to
  431  the policy, where the viator or the viator’s agent intended to
  432  defraud the policy’s issuer.
  433         (b) To Knowingly or with the intent to defraud, for the
  434  purpose of depriving another of property or for pecuniary gain,
  435  issue or use a pattern of false, misleading, or deceptive life
  436  expectancies.
  437         (c) To Knowingly engage in any transaction, practice, or
  438  course of business intending thereby to avoid the notice
  439  requirements of s. 626.9924(7).
  440         (d) To Knowingly or intentionally facilitate the change of
  441  state of residency of a viator to avoid the provisions of this
  442  chapter.
  443         (e)Knowingly enter into a viatical settlement contract
  444  before the application for or issuance of a life insurance
  445  policy that is the subject of a viatical settlement contract or
  446  during an applicable period specified in s. 626.99287(1) or (2),
  447  unless the viator provides a sworn affidavit and accompanying
  448  independent evidentiary documentation in accordance with s.
  449  626.99287.
  450         (f)Engage in a fraudulent viatical settlement act, as
  451  defined in s. 626.9911.
  452         (g)Knowingly issue, solicit, market, or otherwise promote
  453  the purchase of a life insurance policy for the purpose of or
  454  with an emphasis on selling the policy to a third party.
  455         (h)Engage in a stranger-originated life insurance
  456  practice, as defined in s. 626.9911.
  457         Section 10. Section 626.99287, Florida Statutes, is amended
  458  to read:
  459         626.99287 Contestability of viaticated policies.—
  460         (1) Except as hereinafter provided, if a viatical
  461  settlement contract is entered into within the 2-year period
  462  commencing with the date of issuance of the insurance policy or
  463  certificate to be acquired, the viatical settlement contract is
  464  void and unenforceable by either party.
  465         (2) Except as hereinafter provided, if a viatical
  466  settlement policy is subject to a loan secured directly or
  467  indirectly by an interest in the policy within a 5-year period
  468  commencing on the date of issuance of the policy or certificate,
  469  the viatical settlement contract is void and unenforceable by
  470  either party.
  471         (3) Notwithstanding the limitations in subsections (1) and
  472  (2) this limitation, such a viatical settlement contract is not
  473  void and unenforceable if the viator provides a sworn affidavit
  474  and accompanying independent evidentiary documentation
  475  certifying to the viatical settlement provider that one or more
  476  of the following conditions were met during the periods
  477  applicable to the viaticated policy as stated in subsections (1)
  478  or (2):
  479         (a)(1) The policy was issued upon the owner’s exercise of
  480  conversion rights arising out of a group or term policy, if the
  481  total time covered under the prior policy is at least 60 months.
  482  The time covered under a group policy must be calculated without
  483  regard to any change in insurance carriers, provided the
  484  coverage has been continuous and under the same group
  485  sponsorship.;
  486         (b)(2) The owner of the policy is a charitable organization
  487  exempt from taxation under 26 U.S.C. s. 501(c)(3).;
  488         (3) The owner of the policy is not a natural person;
  489         (4) The viatical settlement contract was entered into
  490  before July 1, 2000;
  491         (c)(5) The viator certifies by producing independent
  492  evidence to the viatical settlement provider that one or more of
  493  the following conditions were have been met within the 2-year
  494  period:
  495         (a)1. The viator or insured is terminally or chronically
  496  ill diagnosed with an illness or condition that is either:
  497         a. Catastrophic or life threatening; or
  498         b. Requires a course of treatment for a period of at least
  499  3 years of long-term care or home health care; and
  500         2. the condition was not known to the insured at the time
  501  the life insurance contract was entered into;.
  502         2.(b) The viator’s spouse dies;
  503         3.(c) The viator divorces his or her spouse;
  504         4.(d) The viator retires from full-time employment;
  505         5.(e) The viator becomes physically or mentally disabled
  506  and a physician determines that the disability prevents the
  507  viator from maintaining full-time employment;
  508         6.(f) The owner of the policy was the insured’s employer at
  509  the time the policy or certificate was issued and the employment
  510  relationship terminated;
  511         7.(g) A final order, judgment, or decree is entered by a
  512  court of competent jurisdiction, on the application of a
  513  creditor of the viator, adjudicating the viator bankrupt or
  514  insolvent, or approving a petition seeking reorganization of the
  515  viator or appointing a receiver, trustee, or liquidator to all
  516  or a substantial part of the viator’s assets; or
  517         8.(h) The viator experiences a significant decrease in
  518  income which is unexpected by the viator and which impairs his
  519  or her reasonable ability to pay the policy premium.
  520         (d) The viator entered into a viatical settlement contract
  521  more than 2 years after the policy’s issuance date and, with
  522  respect to the policy, at all times before the date that is 2
  523  years after policy issuance, each of the following conditions is
  524  met:
  525         1. Policy premiums have been funded exclusively with
  526  unencumbered assets, including an interest in the life insurance
  527  policy being financed only to the extent of its net cash
  528  surrender value, provided by, or fully recourse liability
  529  incurred by, the insured;
  530         2. There is no agreement or understanding with any other
  531  person to guarantee any such liability or to purchase, or stand
  532  ready to purchase, the policy, including through an assumption
  533  or forgiveness of the loan; and
  534         3. Neither the insured or the policy has been evaluated for
  535  settlement.
  536  
  537  If the viatical settlement provider submits to the insurer a
  538  copy of the viator’s or owner’s certification described above,
  539  then the provider submits a request to the insurer to effect the
  540  transfer of the policy or certificate to the viatical settlement
  541  provider, the viatical settlement agreement shall not be void or
  542  unenforceable by operation of this section. The insurer shall
  543  timely respond to such request. Nothing in this section shall
  544  prohibit an insurer from exercising its right during the
  545  contestability period to contest the validity of any policy on
  546  grounds of fraud.
  547         Section 11. Section 626.99289, Florida Statutes, is created
  548  to read:
  549         626.99289 Void and unenforceable contracts, agreements,
  550  arrangements, and transactions.—Notwithstanding s. 627.455, a
  551  contract, agreement, arrangement, or transaction, including, but
  552  not limited to, a financing agreement or any other arrangement
  553  or understanding entered into, whether written or verbal, for
  554  the furtherance or aid of a stranger-originated life insurance
  555  practice is void and unenforceable.
  556         Section 12. Section 626.99291, Florida Statutes, is created
  557  to read:
  558         626.99291Contestability of life insurance policies.
  559  Notwithstanding s. 627.455, a life insurer may contest a life
  560  insurance policy if the policy was obtained by a stranger
  561  originated life insurance practice, as defined in s. 626.9911.
  562         Section 13. Section 626.99292, Florida Statutes, is created
  563  to read:
  564         626.99292 Notice to insureds.—
  565         (1) A life insurer shall provide an individual life
  566  insurance policyholder with a statement informing him or her
  567  that if he or she is considering making changes in the status of
  568  his or her policy, he or she should consult with a licensed
  569  insurance or financial advisor. The statement may accompany or
  570  be included in notices or mailings otherwise provided to the
  571  policyholder.
  572         (2)The statement must also advise the policyholder that he
  573  or she may contact the office for more information and include a
  574  website address or other location or manner by which the
  575  policyholder may contact the office.
  576         Section 14. Effective January 1, 2019, section 627.744,
  577  Florida Statutes, is amended to read:
  578         627.744 Required Preinsurance inspection of private
  579  passenger motor vehicles.—
  580         (1) A private passenger motor vehicle insurance policy
  581  providing physical damage coverage, including collision or
  582  comprehensive coverage, may not be issued in this state unless
  583  the insurer has inspected the motor vehicle in accordance with
  584  this section.
  585         (2) This section does not apply:
  586         (a) To a policy for a policyholder who has been insured for
  587  2 years or longer, without interruption, under a private
  588  passenger motor vehicle policy that provides physical damage
  589  coverage for any vehicle if the agent of the insurer verifies
  590  the previous coverage.
  591         (b) To a new, unused motor vehicle purchased or leased from
  592  a licensed motor vehicle dealer or leasing company. The insurer
  593  may require:
  594         1. A bill of sale, buyer’s order, or lease agreement that
  595  contains a full description of the motor vehicle; or
  596         2. A copy of the title or registration that establishes
  597  transfer of ownership from the dealer or leasing company to the
  598  customer and a copy of the window sticker.
  599  
  600  For the purposes of this paragraph, the physical damage coverage
  601  on the motor vehicle may not be suspended during the term of the
  602  policy due to the applicant’s failure to provide or the
  603  insurer’s option not to require the documents. However, if the
  604  insurer requires a document under this paragraph at the time the
  605  policy is issued, payment of a claim may be conditioned upon the
  606  receipt by the insurer of the required documents, and no
  607  physical damage loss occurring after the effective date of the
  608  coverage may be payable until the documents are provided to the
  609  insurer.
  610         (c) To a temporary substitute motor vehicle.
  611         (d) To a motor vehicle which is leased for less than 6
  612  months, if the insurer receives the lease or rental agreement
  613  containing a description of the leased motor vehicle, including
  614  its condition. Payment of a physical damage claim is conditioned
  615  upon receipt of the lease or rental agreement.
  616         (e) To a vehicle that is 10 years old or older, as
  617  determined by reference to the model year.
  618         (f) To any renewal policy.
  619         (g) To a motor vehicle policy issued in a county with a
  620  1988 estimated population of less than 500,000.
  621         (h) To any other vehicle or policy exempted by rule of the
  622  commission. The commission may base a rule under this paragraph
  623  only on a determination that the likelihood of a fraudulent
  624  physical damage claim is remote or that the inspection would
  625  cause a serious hardship to the insurer or the applicant.
  626         (i) When the insurer’s authorized inspection service has no
  627  inspection facility either in the municipality in which the
  628  automobile is principally garaged or within 10 miles of such
  629  municipality.
  630         (j) When the insured vehicle is insured under a
  631  commercially rated policy that insures five or more vehicles.
  632         (k) When an insurance producer is transferring a book of
  633  business from one insurer to another.
  634         (l) When an individual insured’s coverage is being
  635  transferred and initiated by a producer to a new insurer.
  636         (3) This subsection does not prohibit an insurer from
  637  requiring a preinsurance inspection of any motor vehicle as a
  638  condition of issuance of physical damage coverage.
  639         (3)(4) The inspection required by this section shall be
  640  provided by the insurer or by a person or organization
  641  authorized by the insurer. The applicant may be required to pay
  642  the cost of the inspection, not to exceed $5. The inspection
  643  shall be recorded on a form prescribed by the commission, and
  644  the form or a copy shall be retained by the insurer with its
  645  policy records for the insured. The insurer shall provide a copy
  646  of the form to the insured upon request. Any inspection fee paid
  647  directly by the applicant may not be considered part of the
  648  premium. However, an insurer that provides the inspection at no
  649  cost to the applicant may include the expense of the inspection
  650  within a rate filing.
  651         (4)(5) The inspection shall include at least the following:
  652         (a) Taking a physical imprint of the vehicle identification
  653  number of the vehicle or otherwise recording the vehicle
  654  identification number in a manner prescribed by the commission.
  655         (b) Recording the presence of accessories required by the
  656  commission to be recorded.
  657         (c) Recording the locations of and a description of
  658  existing damage to the vehicle.
  659         (5)(6) An insurer may defer an inspection for 30 calendar
  660  days following the effective date of coverage for a new policy,
  661  but not for a renewal policy, and for additional or replacement
  662  vehicles to an existing policy, if an inspection at the time of
  663  the request for coverage would create a serious inconvenience
  664  for the applicant and such hardship is documented in the
  665  insured’s policy record.
  666         (6)(7) The commission may, by rule, establish such
  667  procedures and notice requirements that it finds necessary to
  668  implement this section.
  669         (7)Notwithstanding any other provision of this section, an
  670  insurer may opt out of the inspection requirements of this
  671  section. An insurer opting out of the inspection must file a
  672  manual rule with the office indicating that the insurer will not
  673  participate in the inspection program under this section. An
  674  insurer that files such a manual rule with the office may
  675  establish its own preinsurance inspection requirements as a
  676  condition to issuing a private passenger motor vehicle insurance
  677  policy. The insurer’s preinsurance inspection requirements must
  678  be included in the manual rule filed with the office. An insurer
  679  opting out of the inspection requirements of this section may
  680  not require an applicant to pay for the cost of an inspection.
  681         (8) The Division of Insurance Fraud of the Department of
  682  Financial Services shall provide a report of data from the
  683  required preinsurance inspection of motor vehicles to the
  684  Governor, the President of the Senate, and the Speaker of the
  685  House of Representatives by December 1, 2016.
  686         (a) The data must include, but need not be limited to:
  687         1. A written estimate of the total cost incurred by
  688  insurers and policyholders in order to comply with the
  689  inspections.
  690         2. A written estimate of the total cost incurred by
  691  insurers to have their motor vehicles inspected.
  692         3. Documentation regarding the total premium savings for
  693  policyholders as a result of the inspections.
  694         4. Documentation of the total number of inspected motor
  695  vehicles that had a preexisting condition.
  696         5. Documentation regarding the potential fraud in motor
  697  vehicle claims incurred within the first 125 days after issuance
  698  of a new policy.
  699         6. Documentation of the total number of referrals of
  700  fraudulent acts to the National Insurance Crime Bureau by
  701  preinsurance inspectors during the past 5 years.
  702         (b) The Legislature may use the report data in determining
  703  the future public necessity for this section.
  704         Section 15. Effective September 1, 2017, section 641.3915,
  705  Florida Statutes, is amended to read:
  706         641.3915 Health maintenance organization anti-fraud plans
  707  and investigative units.—Each authorized health maintenance
  708  organization and applicant for a certificate of authority shall
  709  comply with the provisions of ss. 626.989 and 626.9891 as though
  710  such organization or applicant were an authorized insurer. For
  711  purposes of this section, the reference to the year 1996 in s.
  712  626.9891 means the year 2000 and the reference to the year 1995
  713  means the year 1999.
  714         Section 16. Except as otherwise expressly provided in this
  715  act, this act shall take effect upon becoming a law.
  716  
  717  ================= T I T L E  A M E N D M E N T ================
  718  And the title is amended as follows:
  719         Delete everything before the enacting clause
  720  and insert:
  721                        A bill to be entitled                      
  722         An act relating to prohibited insurance acts;
  723         reordering and amending s. 626.9891, F.S.; defining
  724         and revising definitions; requiring every insurer to
  725         designate at least one primary anti-fraud employee for
  726         certain purposes; requiring insurers to adopt an anti
  727         fraud plan; revising insurer requirements in providing
  728         anti-fraud information to the Department of Financial
  729         Services; requiring specified information to be filed
  730         annually with the department; revising the information
  731         to be provided by insurers who write workers’
  732         compensation insurance; requiring each insurer to
  733         provide annual anti-fraud education and training;
  734         requiring insurers who submit an application for a
  735         certificate of authority after a specified date to
  736         comply with the section; providing penalties for the
  737         failure to comply with requirements of the section;
  738         requiring the Division of Investigative and Forensic
  739         Services of the department to create, by a specified
  740         date, a report detailing best practices for the
  741         detection, investigation, prevention, and reporting of
  742         insurance fraud and other fraudulent insurance acts;
  743         requiring such report to be updated at certain
  744         intervals; specifying required information in the
  745         report; requiring the department to adopt rules
  746         relating to insurers’ annual reporting of certain
  747         data; creating s. 626.9896, F.S.; requiring the
  748         department to collect specified data from certain
  749         state attorney offices; requiring such state attorneys
  750         to submit such data at specified intervals; requiring
  751         the Division of Investigative and Forensic Services to
  752         provide an annual report to the Executive Office of
  753         the Governor, the Speaker of the House of
  754         Representatives, and the President of the Senate;
  755         amending s. 641.221, F.S.; requiring a health
  756         maintenance organization authorized to exclusively
  757         market, sell, or offer to sell Medicare Advantage
  758         plans in this state to meet certain criteria to
  759         maintain eligibility for a certificate of authority;
  760         authorizing the Office of Insurance Regulation to
  761         extend the period of eligibility; amending s.
  762         626.9541, F.S.; revising a limitation on licensed
  763         insurers and their agents relating to advertising and
  764         promotional gifts given to insureds, prospective
  765         insureds, and others; authorizing such insurers and
  766         agents to make specified charitable contributions on
  767         behalf of insureds or prospective insureds; specifying
  768         a limitation on the value of merchandise that may be
  769         given by title insurance agents or title insurance
  770         agencies to insureds, prospective insureds, and
  771         others; providing applicability; amending s. 641.3915,
  772         F.S.; deleting an obsolete provision; amending s.
  773         626.9911, F.S.; defining the terms “fraudulent
  774         viatical settlement act” and “stranger-originated life
  775         insurance practice” for purposes of provisions
  776         relating to the Viatical Settlement Act; amending ss.
  777         626.9924 and 626.99245, F.S.; conforming cross
  778         references; amending s. 626.99275, F.S.; providing
  779         additional prohibited acts related to viatical
  780         settlement contracts; amending s. 626.99287, F.S.;
  781         providing that a viatical settlement contract is void
  782         and unenforceable by either party if the viatical
  783         settlement policy is subject, within a specified
  784         timeframe, to a loan secured by an interest in the
  785         policy; revising conditions and requirements in which
  786         viatical settlement contracts entered into within
  787         specified timeframes are valid and enforceable;
  788         deleting provisions related to the transfer of
  789         insurance policies or certificates to viatical
  790         settlement providers; creating s. 626.99289, F.S.;
  791         providing that certain contracts, agreements,
  792         arrangements, or transactions relating to stranger
  793         originated life insurance practices are void and
  794         unenforceable; creating s. 626.99291, F.S.;
  795         authorizing a life insurer to contest policies
  796         obtained through such practices; creating s.
  797         626.99292, F.S.; requiring life insurers to provide a
  798         specified statement to individual life insurance
  799         policyholders; authorizing such statements to
  800         accompany or be included in notices or mailings
  801         provided to the policyholders; requiring such
  802         statements to include contact information; amending s.
  803         627.744, F.S.; deleting a provision that provides
  804         construction; authorizing insurers to opt out of the
  805         preinsurance inspection requirements for private
  806         passenger motor vehicles; requiring insurers opting
  807         out to file a certain manual rule with the Office of
  808         Insurance Regulation; authorizing such insurers to
  809         establish their own preinsurance inspection
  810         requirements, which must be included in the filed
  811         manual rule; prohibiting such insurers from requiring
  812         applicants to pay for the cost of inspections;
  813         deleting an obsolete provision; amending s. 641.3915,
  814         F.S.; deleting obsolete provisions; providing
  815         effective dates.