Senate Bill sb1848c1

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    Florida Senate - 2004                           CS for SB 1848

    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services; and Senator Bennett




    310-2096-04

  1                      A bill to be entitled

  2         An act relating to warranty associations;

  3         creating ss. 634.1815, 634.3205, and 634.4225,

  4         F.S.; prescribing conditions under which a

  5         salesperson or a sales representative of a

  6         motor vehicle service agreement company, a home

  7         warranty association, or a service warranty

  8         association may rebate his or her commission;

  9         amending s. 634.406, F.S.; prescribing

10         conditions under which a service warranty

11         association is exempt from certain

12         premium-reserve and liability-insurance

13         requirements and may allow premiums to exceed

14         certain limits; providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Section 634.1815, Florida Statutes, is

19  created to read:

20         634.1815  Rebating; when allowed.--

21         (1)  No salesperson shall rebate any portion of his or

22  her commission except as follows:

23         (a)  The rebate shall be available to all consumers in

24  the same actuarial class.

25         (b)  The rebate shall be in accordance with a rebating

26  schedule filed by the salesperson with the service agreement

27  company issuing the service agreement to which the rebate

28  applies. The service agreement company shall maintain a copy

29  of all rebating schedules for a period of 3 years.

30         (c)  The rebating schedule shall be uniformly applied

31  in that all consumers who purchase the same service agreement

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    Florida Senate - 2004                           CS for SB 1848
    310-2096-04




 1  through the salesperson for the same coverage receive the same

 2  percentage rebate.

 3         (d)  The rebate schedule is prominently displayed in

 4  public view in the salesperson's place of doing business and a

 5  copy is available to consumers on request at no charge.

 6         (e)  The age, sex, place of residence, race,

 7  nationality, ethnic origin, marital status, or occupation of

 8  the consumer is not used in determining the percentage of the

 9  rebate or whether a rebate is available.

10         (2)  No rebate shall be withheld or limited in amount

11  based on factors that are unfairly discriminatory.

12         (3)  No rebate shall be given which is not reflected on

13  the rebate schedule.

14         (4)  No rebate shall be refused or granted based upon

15  the purchase or failure to purchase collateral business.

16         Section 2.  Section 634.3205, Florida Statutes, is

17  created to read:

18         634.3205  Rebating; when allowed.--

19         (1)  No sales representative shall rebate any portion

20  of his or her commission except as follows:

21         (a)  The rebate shall be available to all consumers in

22  the same actuarial class.

23         (b)  The rebate shall be in accordance with a rebating

24  schedule filed by the sales representative with the home

25  warranty association issuing the home warranty to which the

26  rebate applies. The home warranty association shall maintain a

27  copy of all rebating schedules for a period of 3 years.

28         (c)  The rebating schedule shall be uniformly applied

29  in that all consumers who purchase the same home warranty

30  through the sales representative for the same coverage receive

31  the same percentage rebate.

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    Florida Senate - 2004                           CS for SB 1848
    310-2096-04




 1         (d)  The rebate schedule is prominently displayed in

 2  public view in the sales representative's place of doing

 3  business and a copy is available to consumers on request at no

 4  charge.

 5         (e)  The age, sex, place of residence, race,

 6  nationality, ethnic origin, marital status, or occupation of

 7  the consumer is not used in determining the percentage of the

 8  rebate or whether a rebate is available.

 9         (2)  No rebate shall be withheld or limited in amount

10  based on factors that are unfairly discriminatory.

11         (3)  No rebate shall be given which is not reflected on

12  the rebate schedule.

13         (4)  No rebate shall be refused or granted based upon

14  the purchase or failure to purchase collateral business.

15         Section 3.  Subsection (8) is added to section 634.406,

16  Florida Statutes, to read:

17         634.406  Financial requirements.--

18         (8)  An association licensed under this part, and

19  holding no other license under part I or part II of chapter

20  634, is not required to establish an unearned premium reserve

21  or maintain contractual liability insurance and may allow its

22  premiums to exceed the ratio to net assets limitation of this

23  section if the association complies with the following:

24         (a)  The association or, if the association is a direct

25  or indirect wholly owned subsidiary of a parent corporation,

26  its parent corporation has, and maintains at all times, a

27  minimum net worth of at least $100 million and provides the

28  office with the following:

29         1.  A copy of the association's annual audited

30  financial statements or the audited consolidated financial

31  statements of the association's parent, prepared by an

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    Florida Senate - 2004                           CS for SB 1848
    310-2096-04




 1  independent certified public accountant in accordance with

 2  generally accepted accounting principles, which clearly

 3  demonstrate the net worth of the association or its parent

 4  corporation to be $100 million and a quarterly written

 5  certification to the office that such entity continues to

 6  maintain the net worth required under this paragraph; and

 7         2.  The association's or its parent corporation's Form

 8  10-K, Form 10-Q, or Form 20-F as filed with the United States

 9  Securities and Exchange Commission or such other documents as

10  are required to be filed with a recognized stock exchange,

11  which shall be provided on a quarterly and annual basis within

12  10 days after the last date each such report must be filed

13  with the Securities and Exchange Commission, the National

14  Association of Security Dealers Automated Quotation system, or

15  other recognized stock exchange.

16  

17  Failure to timely file the documents required under this

18  paragraph may, at the discretion of the office, subject the

19  association to suspension or revocation of its license under

20  this part. An association or parent corporation demonstrating

21  compliance with subparagraph 1. and subparagraph 2. must

22  maintain outstanding debt obligations, if any, rated in the

23  top four rating categories by a recognized rating service.

24         (b)  If the net worth of a parent corporation is used

25  to satisfy the net worth provisions of paragraph (a), the

26  following provisions must be met:

27         1.  The parent corporation must guarantee all service

28  warranty obligations of the association, wherever written, on

29  a form approved in advance by the office. No cancellation,

30  termination, or modification of the guarantee shall become

31  effective unless the parent corporation provides the office

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    Florida Senate - 2004                           CS for SB 1848
    310-2096-04




 1  written notice at least 90 days before the effective date of

 2  the cancellation, termination, or modification and the office

 3  approves the request in writing. Prior to the effective date

 4  of cancellation, termination, or modification of the

 5  guarantee, the association must demonstrate to the

 6  satisfaction of the office compliance with all applicable

 7  provisions of this part, including whether the association

 8  will meet the requirements of this section by the purchase of

 9  contractual liability insurance, establishing required

10  reserves, or other method allowed under this section. If the

11  association or parent corporation does not demonstrate to the

12  satisfaction of the office compliance with all applicable

13  provisions of this part, it shall immediately cease writing

14  new and renewal business upon the effective date of the

15  cancellation, termination, or modification.

16         2.  The service warranty association must maintain at

17  all times net assets of at least $750,000.

18         Section 4.  Section 634.4225, Florida Statutes, is

19  created to read:

20         634.4225  Rebating; when allowed.--

21         (1)  No sales representative shall rebate any portion

22  of his or her commission except as follows:

23         (a)  The rebate shall be available to all consumers in

24  the same actuarial class.

25         (b)  The rebate shall be in accordance with a rebating

26  schedule filed by the sales representative with the

27  association issuing the service warranty to which the rebate

28  applies. The association shall maintain a copy of all rebating

29  schedules for a period of 3 years.

30         (c)  The rebating schedule shall be uniformly applied

31  in that all consumers who purchase the same service warranty

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    Florida Senate - 2004                           CS for SB 1848
    310-2096-04




 1  through the sales representative for the same coverage receive

 2  the same percentage rebate.

 3         (d)  The rebate schedule is prominently displayed in

 4  public view in the sales representative's place of doing

 5  business and a copy is available to consumers on request at no

 6  charge.

 7         (e)  The age, sex, place of residence, race,

 8  nationality, ethnic origin, marital status, or occupation of

 9  the consumer is not used in determing the percentage of the

10  rebate or whether a rebate is available.

11         (2)  No rebate shall be withheld or limited in amount

12  on factors that are unfairly discriminatory.

13         (3)  No rebate shall be given which is not reflected on

14  the rebate schedule.

15         (4)  No rebate shall be refused or granted based upon

16  the purchase or failure to purchase collateral business.

17         Section 5.  This act shall take effect upon becoming a

18  law.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 1848

22                                 

23  The committee substitute replaces the underlying bill with the
    following provisions:
24  
    --   Agents for motor vehicle service agreement companies,
25       home warranty associations, and service warranty
         associations are authorized to rebate their commissions
26       to their customers under certain circumstances; and

27  --   A service warranty association that has a net worth of at
         least $100 million, or that is a wholly owned subsidiary
28       of a parent corporation with a net worth of at least $100
         million which guarantees the performance of the warranty
29       obligations of the association, is not required to
         maintain an unearned premiums reserve or contractual
30       liability insurance and may allow its premiums to net
         assets ratio to exceed 7-to-1.
31  

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