Florida Statutes

Fla. Stat. § 626.99245 (2025)

Conflict of regulation of viaticals.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 2 cases, 2007–2015 · leading case: Am. United Life Ins. v. Martinez, 480 F.3d 1043 (11th Cir. 2007).

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Am. United Life Ins. v. Martinez, 480 F.3d 1043 (11th Cir. 2007). · cites it 2× “According to Fla. Stat. § 626.99245 (2): 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…”

McCloskey v. Dep't of Fin. Servs., 172 So. 3d 973 (Fla. 5th DCA 2015). · cites it 4× “Ch. 2005-237, § 32, Laws of Fla. (codified at § 626.”

— 626.99245(4) — 1 case

McCloskey v. Dep't of Fin. Servs., 172 So. 3d 973 (Fla. 5th DCA 2015). “Ch. 2005-237, § 32, Laws of Fla. (codified at § 626.”

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