Bill Text: FL S1860 | 2018 | Regular Session | Introduced
Bill Title: Interstate Insurance Product Regulation Compact
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Banking and Insurance [S1860 Detail]
Download: Florida-2018-S1860-Introduced.html
Florida Senate - 2018 SB 1860 By Senator Broxson 1-01215B-18 20181860__ 1 A bill to be entitled 2 An act relating to the Interstate Insurance Product 3 Regulation Compact; amending s. 626.9933, F.S.; 4 providing that the state prospectively opts out of all 5 uniform standards adopted by the Interstate Insurance 6 Product Regulation Commission involving annuity and 7 disability income insurance products; amending s. 8 626.9934, F.S.; revising the effective date of compact 9 standards adopted by the state; revising applicability 10 of a prospective opt-out provision; deleting a 11 provision construing certain opt-out authority under 12 the compact; deleting a provision specifying the 13 state’s opting out of certain standards; deleting a 14 provision relating to applicability and construction 15 of a certain exclusivity provision in the compact; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 626.9933, Florida Statutes, is amended 21 to read: 22 626.9933 Opt out from annuity, disability income, and long 23 term care products standards.—Pursuant to Article VII of the 24 Interstate Insurance Product Regulation Compact, adopted by this 25 act, this state prospectively opts out of all uniform standards 26 adopted by the Interstate Insurance Product Regulation 27 Commission involving annuity, disability income, and long-term 28 care insurance products, and such opt out may not be treated as 29 a material variance in the offer or acceptance of this state to 30 participate in the compact. 31 Section 2. Section 626.9934, Florida Statutes, is amended 32 to read: 33 626.9934 Effective date of compact standards; opt out of 34 certain amendmentsopt outprocedures;state law exemptions; 35 legislative notice.— 36 (1) Except as provided in s. 626.9933 and this section, all 37 uniform standards adopted by the Interstate Insurance Product 38 Regulation Commission as of March 9, 2018March 1, 2013, are 39 adopted by this state. 40 (2)Notwithstanding subsections (3), (4), (5), and (6) of41Article VII of the Interstate Insurance Product Regulation42Compact as adopted by this act,This state prospectively opts 43 out ofanynew uniform standard, oramendments to existing 44 uniform standards,adopted by the Interstate Insurance Product 45 Regulation Commission after March 9, 2018March 1, 2013, if such 46 amendments substantially alter or add to existing uniform 47 standards adopted by this state pursuant to subsection (1), 48 until such time as this state enacts legislation to adopt new 49 uniform standards or amendments to existing standards adopted by 50 the commission after March 9, 2018March 1, 2013. 51(3) The authority under Article VII of the Interstate52Insurance Product Regulation Compact to opt out of a uniform53standard includes an order issued under chapter 120, the54Administrative Procedure Act.55(4) In addition to the uniform standards and amendments to56uniform standards that the state opts out of pursuant to57subsection (2), pursuant to subsections (4) and (5) of Article58VII of the Interstate Insurance Product Regulation Compact, this59state opts out of the following uniform standards adopted by the60Interstate Insurance Product Regulation Commission:61(a) The 10-day period for the unconditional refund of62premiums, plus any fees or charges under s. 626.99.63(b) Underwriting criteria limiting the amount, extent, or64kind of life insurance based on past or future travel in a65manner that is inconsistent with s. 626.9541(1)(dd) as66implemented by the Office of Insurance Regulation.67(c) Any other uniform standard that conflicts with statutes68or rules of this state providing consumer protections for69products covered by the compact.70(5) The exclusivity provision of paragraph (2)(b) of71Article XVI of the Interstate Insurance Product Regulation72Compact applies only to those uniform standards adopted by the73Interstate Insurance Product Regulation Commission in accordance74with the terms of the compact and does not apply to those75standards that this state has opted out of pursuant to this act76or the compact. In addition, the exclusivity provision does not77limit or render inapplicable standards adopted by this state in78the absence of a standard adopted by the commission.79Notwithstanding paragraph (2)(b) of Article XVI of the compact,80standards adopted by this state continue to apply to the81content, approval, and certification of products in this state,82including, but not limited to:83(a) The prohibition against a surrender or deferred sales84charge of more than 10 percent pursuant to s. 627.4554.85(b) Notification to an applicant of the right to designate86a secondary addressee at the time of application under s.87627.4555.88(c) Notification of secondary addressees at least 21 days89before the impending lapse of a policy under s. 627.4555.90(d) The inclusion of a clear statement pursuant to s.91627.803 that the benefits, values, or premiums under a variable92annuity are indeterminate and may vary.93(e) Interest on surrender proceeds pursuant to s. 627.482.94 (3)(6)After enactment of this section, if the Interstate 95 Insurance Product Regulation Commission adopts any new uniform 96 standard or amendment to the existing uniform standard as 97 specified in subsection (2), the Office of Insurance Regulation 98 shall immediately notify the Legislature of such new standard or 99 amendment. 100 Section 3. This act shall take effect upon becoming a law.