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FL H0379
Bill
Status
10/16/2015
Primary Sponsor
Insurance and Banking Subcommittee
Click for details
AI Summary
CS/CS/HB 379 Summary
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Amends Florida law governing transfers of structured settlement payment rights to require court approval based on written findings that transfers comply with the law and serve the payee's best interests.
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Requires transferees to provide payees with detailed disclosure statements (in bold, 14-point minimum font) at least 10 days before the payee incurs any obligation, specifying payment amounts, present values, fees, interest rates, and penalties.
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Mandates court hearings where the payee must appear in person unless the court excuses the payee for good cause, and establishes a 15-day deadline for written responses to transfer applications (reduced from 20 days).
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Protects payees by making provisions non-waivable and preventing penalties if a transfer fails conditions; makes transferees solely responsible for compliance while releasing structured settlement obligors and annuity issuers from liability after court approval.
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Provides remedies for violations: payees can recover refunds, penalties up to three times the discount and finance charges, and reasonable attorney's fees if transferees violate discount/finance charge or disclosure requirements.
Legislative Description
Transfers of Structured Settlement Payment Rights
Last Action
Laid on Table, companion bill(s) passed, see CS/SB 458 (Ch. 2016-45)
2/23/2016