626.9922
Examination.
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626.9922 Examination.—
(1) The office or department may examine the business and affairs of any of its respective licensees or applicants for a license. The office or department may order any such licensee or applicant to produce any records, books, files, advertising and solicitation materials, or other information and may take statements under oath to determine whether the licensee or applicant is in violation of the law or is acting contrary to the public interest. The expenses incurred in conducting any examination or investigation must be paid by the licensee or applicant. Examinations and investigations must be conducted as provided in chapter 624, and licensees are subject to all applicable provisions of the insurance code.
(2) All accounts, books and records, documents, files, contracts, and other information relating to all transactions of viatical settlement contracts, life expectancies, or viatical settlement purchase agreements made before July 1, 2005, must be maintained by the licensee for a period of at least 3 years after the death of the insured and must be available to the office or department for inspection during reasonable business hours.
(3) All such records or accurate copies of such records must be maintained at the licensee’s home office. As used in this section, the term “home office” means the principal place of business and any other single storage facility, the street address of which shall be disclosed to the office or department within 20 days after its initial use, or within 20 days of the effective date of this subsection.
(4) The originals of records required to be maintained under this section must be made available to the office or department for examination at the office’s or department’s request.
(5) The office has jurisdiction over all viatical settlement purchase agreements made before July 1, 2005, including, but not limited to, the authority to examine persons in possession of records relating to viatical settlement purchase agreements made before July 1, 2005, and that authority set forth in s. 624.319.
(6) If the office makes the determination that a viatical settlement provider does not have the financial ability to perform its present or future obligations under the viatical settlement purchase agreements made before July 1, 2005, the office shall make a referral to the United States Securities and Exchange Commission or the Office of Financial Regulation for further administrative action pursuant to s. 517.191, including, but not limited to, the appointment of a receiver by the court.
(7) Subsections (1), (2), (3), and (4) apply to life expectancy providers providing life expectancies in the state and providing life expectancies to viatical settlement providers in the state, as if life expectancy providers were licensees.
History.—s. 13, ch. 96-336; s. 5, ch. 99-212; s. 4, ch. 2000-344; s. 1052, ch. 2003-261; s. 23, ch. 2005-237.
Notes of Decisions
Cited in 2
cases, 1999–2010 · leading case: Coventry First, LLC v. State, Office of Insurance Regulation
Coventry First, LLC v. State, Office of Insurance Regulation (2010)
“Section 626.9922 does not differentiate between in-state and out-of-state records of licensees.”
State v. Viatical Services, Inc. (1999)
“See § 626.9922, Fla. Stat. (1997). Thus, the medical records of the patient are available for review by a variety of persons for the purposes of concluding and monitoring a commercial transaction.”
— 626.9922(1) — 1 case
Coventry First, LLC v. State, Office of Insurance Regulation (2010)
“Section 626.9922 does not differentiate between in-state and out-of-state records of licensees.”
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