reglab/housing_qa huggingface dataset:
FL Stat § 626.99245 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part X - Viatical Settlements (Ss. 626.991-626.99295)|626.99245 - Conflict of regulation of viaticals.

626.99245 Conflict of regulation of viaticals.—(1) A viatical settlement provider who from this state enters into a viatical settlement contract with a viator who is a resident of another state that has enacted statutes or adopted regulations governing viatical settlement contracts shall be governed in the effectuation of that viatical settlement contract by the statutes and regulations of the viator’s state of residence. If the state in which the viator is a resident has not enacted statutes or regulations governing viatical settlement agreements, the provider shall give the viator notice that neither Florida nor his or her state regulates the transaction upon which he or she is entering. For transactions in those states, however, the viatical settlement provider is to maintain all records required as if the transactions were executed in Florida. The forms used in those states need not be approved by the office.(2) This section does not affect the requirement of ss. 626.9911(14) and 626.9912(1) that a viatical settlement provider doing business from this state must obtain a viatical settlement license from the office. As used in this subsection, the term “doing business from this state” includes effectuating viatical settlement contracts from offices in this state, regardless of the state of residence of the viator.History.—s. 7, ch. 2000-344; s. 6, ch. 2001-207; s. 6, ch. 2001-247; s. 1054, ch. 2003-261; s. 78, ch. 2004-390; s. 24, ch. 2005-237; s. 7, ch. 2017-178.
FL Stat § 626.9925 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part X - Viatical Settlements (Ss. 626.991-626.99295)|626.9925 - Rules.

626.9925 Rules.—The commission may adopt rules to administer this act, including rules establishing standards for evaluating advertising by licensees; rules providing for the collection of data, for disclosures to viators, for the reporting of life expectancies, and for the registration of life expectancy providers; and rules defining terms used in this act and prescribing recordkeeping requirements relating to executed viatical settlement contracts.History.—s. 16, ch. 96-336; s. 7, ch. 99-212; s. 8, ch. 2000-344; s. 1055, ch. 2003-261; s. 25, ch. 2005-237.
FL Stat § 626.9926 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part X - Viatical Settlements (Ss. 626.991-626.99295)|626.9926 - Rate regulation not authorized.

626.9926 Rate regulation not authorized.—Nothing in this act shall be construed to authorize the office or department to directly or indirectly regulate the amount paid as consideration for entry into a viatical settlement contract.History.—s. 17, ch. 96-336; s. 8, ch. 99-212; s. 1056, ch. 2003-261; s. 26, ch. 2005-237.
FL Stat § 626.9927 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part X - Viatical Settlements (Ss. 626.991-626.99295)|626.9927 - Unfair trade practices; cease and desist; injunctions; civil remedy.

626.9927 Unfair trade practices; cease and desist; injunctions; civil remedy.—(1) A violation of this act is an unfair trade practice under ss. 626.9521 and 626.9541 and is subject to the penalties provided in the insurance code. Part IX of this chapter, entitled Unfair Insurance Trade Practices, applies to a licensee under this act or a transaction subject to this act as if a viatical settlement contract were an insurance policy.(2) In addition to the penalties and other enforcement provisions of this act, if any person violates this act or any rule implementing this act, the office or department, as appropriate, may seek an injunction in the circuit court of the county where the person resides or has a principal place of business and may apply for temporary and permanent orders that the office or department determines necessary to restrain the person from committing the violation.(3) Any person damaged by the acts of a person in violation of this act may bring a civil action against the person committing the violation in the circuit court of the county in which the alleged violator resides or has a principal place of business or in the county wherein the alleged violation occurred. Upon an adverse adjudication, the defendant is liable for damages, together with court costs and reasonable attorney’s fees incurred by the plaintiff. When so awarded, court costs and attorney’s fees must be included in the judgment or decree rendered in the case. If it appears to the court that the suit brought by the plaintiff is frivolous or brought for purposes of harassment, the plaintiff is liable for court costs and reasonable attorney’s fees incurred by the defendant.History.—s. 18, ch. 96-336; s. 9, ch. 99-212; s. 1057, ch. 2003-261; s. 27, ch. 2005-237.
FL Stat § 626.99272 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part X - Viatical Settlements (Ss. 626.991-626.99295)|626.99272 - Cease and desist orders and fines.

626.99272 Cease and desist orders and fines.—(1) The office or department as appropriate may issue a cease and desist order upon a person that violates any provision of this part, any rule or order adopted by the commission, office, or department, or any written agreement entered into with the office or department.(2) When the office or department finds that such an action presents an immediate danger to the public which requires an immediate final order, it may issue an emergency cease and desist order reciting with particularity the facts underlying such findings. The emergency cease and desist order is effective immediately upon service of a copy of the order on the respondent and remains effective for 90 days. If the office or department begins nonemergency cease and desist proceedings under subsection (1), the emergency cease and desist order remains effective, absent an order by an appellate court of competent jurisdiction pursuant to s. 120.68, until the conclusion of proceedings under ss. 120.569 and 120.57.(3) The office or department may impose and collect an administrative fine not to exceed $10,000 for each nonwillful violation and $25,000 for each willful violation of any provision of this part.History.—s. 10, ch. 99-212; s. 1058, ch. 2003-261.
FL Stat § 626.99275 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part X - Viatical Settlements (Ss. 626.991-626.99295)|626.99275 - Prohibited practices; penalties.

626.99275 Prohibited practices; penalties.—(1) It is unlawful for a person to:(a) Knowingly enter into, broker, or otherwise deal in a viatical settlement contract the subject of which is a life insurance policy, knowing that the policy was obtained by presenting materially false information concerning any fact material to the policy or by concealing, for the purpose of misleading another, information concerning any fact material to the policy, where the viator or the viator’s agent intended to defraud the policy’s issuer.(b) Knowingly or with the intent to defraud, for the purpose of depriving another of property or for pecuniary gain, issue or use a pattern of false, misleading, or deceptive life expectancies.(c) Knowingly engage in any transaction, practice, or course of business intending thereby to avoid the notice requirements of s. 626.9924(7).(d) Knowingly or intentionally facilitate the change of state of residency of a viator to avoid the provisions of this chapter.(e) Knowingly enter into a viatical settlement contract before the application for or issuance of a life insurance policy that is the subject of a viatical settlement contract or during an applicable period specified in s. 626.99287(1) or (2), unless the viator provides a sworn affidavit and accompanying independent evidentiary documentation in accordance with s. 626.99287.(f) Engage in a fraudulent viatical settlement act, as defined in s. 626.9911.(g) Knowingly issue, solicit, market, or otherwise promote the purchase of a life insurance policy for the purpose of or with an emphasis on selling the policy to a third party.(h) Engage in a stranger-originated life insurance practice, as defined in s. 626.9911.(2) A person who violates any provision of this section commits:(a) A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the insurance policy involved is valued at any amount less than $20,000.(b) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the insurance policy involved is valued at $20,000 or more, but less than $100,000.(c) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the insurance policy involved is valued at $100,000 or more.History.—s. 11, ch. 99-212; s. 9, ch. 2000-344; s. 53, ch. 2001-63; s. 28, ch. 2005-237; s. 8, ch. 2017-178.
FL Stat § 626.99278 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part X - Viatical Settlements (Ss. 626.991-626.99295)|626.99278 - Viatical provider anti-fraud plan.

626.99278 Viatical provider anti-fraud plan.—Every licensed viatical settlement provider and registered life expectancy provider must adopt an anti-fraud plan and file it with the Division of Investigative and Forensic Services of the department. Each anti-fraud plan shall include:(1) A description of the procedures for detecting and investigating possible fraudulent acts and procedures for resolving material inconsistencies between medical records and insurance applications.(2) A description of the procedures for the mandatory reporting of possible fraudulent insurance acts and prohibited practices set forth in s. 626.99275 to the Division of Investigative and Forensic Services of the department.(3) A description of the plan for anti-fraud education and training of its underwriters or other personnel.(4) A written description or chart outlining the organizational arrangement of the anti-fraud personnel who are responsible for the investigation and reporting of possible fraudulent insurance acts and for the investigation of unresolved material inconsistencies between medical records and insurance applications.(5) For viatical settlement providers, a description of the procedures used to perform initial and continuing review of the accuracy of life expectancies used in connection with a viatical settlement contract or viatical settlement investment.History.—s. 10, ch. 2000-344; s. 29, ch. 2005-237; s. 20, ch. 2016-165.
FL Stat § 626.9928 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part X - Viatical Settlements (Ss. 626.991-626.99295)|626.9928 - Acquisitions.

626.9928 Acquisitions.—Acquisition of interest in a viatical settlement provider is subject to s. 628.4615.History.—s. 19, ch. 96-336; s. 30, ch. 2005-237.
FL Stat § 626.99285 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part X - Viatical Settlements (Ss. 626.991-626.99295)|626.99285 - Applicability of insurance code.

626.99285 Applicability of insurance code.—In addition to other applicable provisions cited in the insurance code, the office or department, as appropriate, has the authority granted under ss. 624.310, 626.901, and 626.989 to regulate viatical settlement providers, viatical settlement brokers, viatical settlement contracts, and viatical settlement transactions.History.—s. 11, ch. 2000-344; s. 1059, ch. 2003-261; s. 31, ch. 2005-237.
FL Stat § 626.99289 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part X - Viatical Settlements (Ss. 626.991-626.99295)|626.99289 - Void and unenforceable contracts, agreements, arrangements, and transactions.

626.99289 Void and unenforceable contracts, agreements, arrangements, and transactions.—Notwithstanding s. 627.455, a contract, agreement, arrangement, or transaction, including, but not limited to, a financing agreement or any other arrangement or understanding entered into, whether written or verbal, for the furtherance or aid of a stranger-originated life insurance practice is void and unenforceable.History.—s. 10, ch. 2017-178.
FL Stat § 626.99291 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part X - Viatical Settlements (Ss. 626.991-626.99295)|626.99291 - Contestability of life insurance policies.

626.99291 Contestability of life insurance policies.—Notwithstanding s. 627.455, a life insurer may contest a life insurance policy if the policy was obtained by a stranger-originated life insurance practice, as defined in s. 626.9911.History.—s. 11, ch. 2017-178.
FL Stat § 626.99292 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part X - Viatical Settlements (Ss. 626.991-626.99295)|626.99292 - Notice to insureds.

626.99292 Notice to insureds.—(1) A life insurer shall provide an individual life insurance policyholder with a statement informing him or her that if he or she is considering making changes in the status of his or her policy, he or she should consult with a licensed insurance or financial advisor. The statement may accompany or be included in notices or mailings otherwise provided to the policyholder.(2) The statement must also advise the policyholder that he or she may contact the department for more information and include a website address or other location or manner by which the policyholder may contact the department.History.—s. 12, ch. 2017-178.
FL Stat § 626.99295 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part X - Viatical Settlements (Ss. 626.991-626.99295)|626.99295 - Grace period.

626.99295 Grace period.—Any person who, on July 1, 2005, is effectuating a viatical settlement purchase agreement made before July 1, 2005, under provisions of law in effect before such date, which viatical settlement purchase agreement was not registered pursuant to chapter 517, must proceed within 30 days after July 1, 2005, to conclude all viatical settlement purchase transactions in progress, provided, if funds have not been matched with a viaticated policy, such funds, or any unmatched portion of such funds, shall be returned to the viatical settlement purchaser within 30 days after July 1, 2005. The provider may not solicit, negotiate, advertise, or effectuate new viatical settlement purchase agreements after July 1, 2005.History.—s. 13, ch. 2000-344; s. 1060, ch. 2003-261; s. 32, ch. 2005-237.
FL Stat § 626.9931 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part XII - Interstate Insurance Product Regulation (Ss. 626.9931-626.9938)|626.9931 - Legislative findings; intent.

626.9931 Legislative findings; intent.—(1) The Legislature finds that the financial services marketplace has changed significantly in recent years and that asset-based insurance products, which include life insurance, annuities, disability income insurance, and long-term care insurance, now compete directly with other retirement and estate planning instruments that are sold by banks and securities firms.(2) The Legislature further finds that the increased mobility of the population and the risks borne by these asset-based products are not local in nature.(3) The Legislature further finds that the Interstate Insurance Product Regulation Compact Model adopted by the National Association of Insurance Commissioners and endorsed by the National Conference of Insurance Legislators and the National Conference of State Legislatures is designed to address these market changes by providing a uniform set of product standards and a single source for filing of new products.(4) The Legislature further finds that the product standards that have been developed provide a high level of consumer protection. Further, it is noted that the Interstate Insurance Product Regulation Compact Model includes a mechanism for opting out of any product standard that the state determines would not reasonably protect its citizens. With respect to long-term care insurance, the Legislature understands that the compact does not intend to develop a uniform standard for rate increase filings, thereby leaving the authority over long-term care rate increases with the state. The state relies on that understanding in adopting this legislation. The state, pursuant to the terms and conditions of this act, seeks to join with other states and establish the Interstate Insurance Product Regulation Compact, and thus become a member of the Interstate Insurance Product Regulation Commission. The Commissioner of Insurance Regulation is hereby designated to serve as the representative of this state on the commission. The commissioner may designate a person to represent this state on the commission, as necessary, to fulfill the duties of being a member of the commission.History.—s. 1, ch. 2013-140.
FL Stat § 626.9933 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part XII - Interstate Insurance Product Regulation (Ss. 626.9931-626.9938)|626.9933 - Opt out from long-term care products standards.

626.9933 Opt out from long-term care products standards.—Pursuant to Article VII of the Interstate Insurance Product Regulation Compact, adopted by this act, this state prospectively opts out of all uniform standards adopted by the Interstate Insurance Product Regulation Commission involving long-term care insurance products, and such opt out may not be treated as a material variance in the offer or acceptance of this state to participate in the compact.History.—s. 3, ch. 2013-140.
FL Stat § 626.9935 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part XII - Interstate Insurance Product Regulation (Ss. 626.9931-626.9938)|626.9935 - Applicability of taxes.

626.9935 Applicability of taxes.—Notwithstanding subsection (4) of Article XII of the Interstate Insurance Product Regulation Compact, the Interstate Insurance Product Regulation Commission is subject to:(1) State unemployment or reemployment taxes imposed pursuant to chapter 443, in compliance with the Federal Unemployment Tax Act, for any persons employed by the commission who perform services for it within this state.(2) Taxation on any commission business or activity conducted or performed in this state.History.—s. 5, ch. 2013-140.
FL Stat § 626.9936 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part XII - Interstate Insurance Product Regulation (Ss. 626.9931-626.9938)|626.9936 - Access to records.

626.9936 Access to records.—(1) Notwithstanding subsections (1) and (2) of Article VIII, subsection (2) of Article X, and subsection (6) of Article XII of the Interstate Insurance Product Regulation Compact, a request by a resident of this state for public inspection and copying of information, data, or official records that includes:(a) An insurer’s trade secrets shall be referred to the commissioner who shall respond to the request, with the cooperation and assistance of the commission, in accordance with s. 624.4213; or(b) Matters of privacy of individuals shall be referred to the commissioner who shall respond to the request, with the cooperation and assistance of the commission, in accordance with s. 119.07(1).(2) This act does not abrogate the right of a person to access information consistent with the State Constitution and laws of this state.History.—s. 6, ch. 2013-140.
FL Stat § 626.9937 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part XII - Interstate Insurance Product Regulation (Ss. 626.9931-626.9938)|626.9937 - Rules.

626.9937 Rules.—The Financial Services Commission may adopt rules to administer this act.History.—s. 7, ch. 2013-140.
FL Stat § 626.9938 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part XII - Interstate Insurance Product Regulation (Ss. 626.9931-626.9938)|626.9938 - Severability.

626.9938 Severability.—Effective upon this act becoming a law, notwithstanding Article XV of the Interstate Insurance Product Regulation Compact, if any part of s. 626.9933 or s. 626.9934 is invalidated by the courts, such ruling renders the entire act invalid.History.—s. 8, ch. 2013-140.
FL Stat § 626.995 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part XIII - Navigators (Ss. 626.995-626.9958)|626.995 - Scope of part.

626.995 Scope of part.—This part applies only to navigators.History.—s. 5, ch. 2013-101.
FL Stat § 626.9951 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part XIII - Navigators (Ss. 626.995-626.9958)|626.9951 - Definitions.

626.9951 Definitions.—As used in this part, the term:(1) “Exchange” means an exchange established for this state under PPACA.(2) “Financial services business” means a financial activity regulated by the Department of Financial Services, the Office of Insurance Regulation, or the Office of Financial Regulation.(3) “Navigator” means an individual authorized by an exchange to serve as a navigator, or who works on behalf of an entity authorized by an exchange to serve as a navigator, pursuant to 42 U.S.C. s. 18031(i)(1), who facilitates the selection of a qualified health plan through the exchange and performs any other duties specified under 42 U.S.C. s. 18031(i)(3).(4) “PPACA” has the same meaning as in s. 627.402.History.—s. 6, ch. 2013-101.
FL Stat § 626.9952 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part XIII - Navigators (Ss. 626.995-626.9958)|626.9952 - Registration required; purpose.

626.9952 Registration required; purpose.—(1) Beginning August 1, 2013, an individual may not act as, offer to act as, or advertise any service as a navigator unless registered with the department under this part.(2) The purpose of registration is to identify qualified individuals to assist the insurance-buying public in selecting a qualified health plan through an exchange by providing fair, accurate, and impartial information regarding qualified health plans and the availability of premium tax credits and cost-sharing reductions for such plans, and to protect the public from unauthorized activities or conduct.History.—s. 7, ch. 2013-101.
FL Stat § 626.9955 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 626 - Insurance Field Representatives and Operations|Part XIII - Navigators (Ss. 626.995-626.9958)|626.9955 - Registered navigator list.

626.9955 Registered navigator list.—Upon approval of an application for registration under this part, the department shall add the name of the registrant to its publicly available list of registered navigators in order for operators of an exchange and other interested parties to validate a navigator’s registration.History.—s. 10, ch. 2013-101.