The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 626
INSURANCE FIELD REPRESENTATIVES AND OPERATIONS

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F.S. 626.99245

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.

F.S. 626.99245 on Google Scholar

F.S. 626.99245 on Casetext

Amendments to 626.99245

Arrestable Offenses / Crimes under Fla. Stat. 626.99245

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 626.99245.

Annotations, Discussions, Cases:

Cases from cite.case.law:

P. McCLOSKEY, v. DEPARTMENT OF FINANCIAL SERVICES,, 172 So. 3d 973 (Fla. Dist. Ct. App. 2015)

. . . See § 626.99245(4), Fla. . . . (codified at § 626.99245(4), Fla. Stat. (2004)). . . . filed the administrative complaint on June 7, 2011, sections 626.99295, Florida Statutes (2005), and 626.99245 . . .

AMERICAN UNITED LIFE INSURANCE CO. v. MARTINEZ,, 480 F.3d 1043 (11th Cir. 2007)

. . . However, section 626.99245 of the Act, which addresses “Conflict of regulation of viaticáis,” limits . . . Stat. § 626.99245(2): A viatical settlement provider who from this state enters into a viatical settlement . . . Section 626.99245(2) the Act provides that: "A viatical settlement provider who from this state enters . . . Stat. § 626.99245(2). . . . .