Loading chat...

FL H0379

Bill

Status

Introduced

10/16/2015

Primary Sponsor

Insurance and Banking Subcommittee

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

CS/CS/HB 379 Summary

  • 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.

  • 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.

  • 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).

  • 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.

  • 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

Committee Referrals

Judiciary2/3/2016
Insurance And Banking Subcommittee1/21/2016
Civil Justice Subcommittee10/30/2015

Full Bill Text

No bill text available