Florida Statutes

Fla. Stat. § 626.9913 (2025)

Viatical settlement provider license continuance; annual report; fees; deposit.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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626.9913 Viatical settlement provider license continuance; annual report; fees; deposit.—

(1) A viatical settlement provider license continues in force until suspended or revoked.

(2) Annually, on or before March 1, the viatical settlement provider licensee shall file a statement containing information the commission requires and shall pay to the office a license fee in the amount of $500. After December 31, 2007, the annual statement shall include an annual audited financial statement of the viatical settlement provider prepared in accordance with generally accepted accounting principles by an independent certified public accountant covering a 12-month period ending on a day falling during the last 6 months of the preceding calendar year. If the audited financial statement has not been completed, however, the licensee shall include in its annual statement an unaudited financial statement for the preceding calendar year and an affidavit from an officer of the licensee stating that the audit has not been completed. In this event, the licensee shall submit the audited statement on or before June 1. The annual statement, due on or before March 1 each year, shall also provide the office with a report of all life expectancy providers who have provided life expectancies directly or indirectly to the viatical settlement provider for use in connection with a viatical settlement contract or a viatical settlement investment. A viatical settlement provider shall include in all statements filed with the office all information requested by the office regarding a related provider trust established by the viatical settlement provider. The office may require more frequent reporting. Failure to timely file the annual statement or the audited financial statement or to timely pay the license fee is grounds for immediate suspension of the license. The commission may by rule require all or part of the statements or filings required under this section to be submitted by electronic means in a computer-readable form compatible with the electronic data format specified by the commission.

(3) To ensure the faithful performance of its obligations to its viators in the event of insolvency or the loss of its license, a viatical settlement provider licensee must deposit and maintain deposited in trust with the department securities eligible for deposit under s. 625.52, having at all times a value of not less than $100,000.

(4) There shall be no additional annual license fee or deposit requirements under this act for a related provider trust established by a viatical settlement provider.

(5) A judgment creditor or other claimant of a viatical settlement provider does not have the right to levy upon any of the assets or securities held in this state pursuant to this section.

History.—s. 4, ch. 96-336; s. 2, ch. 98-164; s. 1046, ch. 2003-261; s. 16, ch. 2005-237; s. 1, ch. 2006-64; s. 2, ch. 2007-148; s. 144, ch. 2020-2.

Notes of Decisions

Cited in 2 cases, 2002–2010 · leading case: State, Dep't of Ins. v. Accelerated Benefits Corp., 817 So. 2d 1086 (Fla. 4th DCA 2002).

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State, Dep't of Ins. v. Accelerated Benefits Corp., 817 So. 2d 1086 (Fla. 4th DCA 2002). “ABC, a former Department of Insurance *1087 viatical settlement provider licensee, had allegedly posted a deposit bond with the Department of Insurance pursuant • to Florida Statute section 626.9913. The Department of Insurance filed its motion to transfer venue to Leon County,…”

Off. of Ins. Reg. v. Life Ins. Settlement Ass'n, 31 So. 3d 953 (Fla. 1st DCA 2010). “” Several statutes were cited as laws implemented by the proposed rule, including section 626.9913(2), which requires viatical settlement providers to file an annual report “containing information the commission requires.”

— 626.9913(2) — 1 case

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