Senate Bill sb1848e1

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    CS for SB 1848                                 First Engrossed



  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. 634.271, F.S.; providing an

10         exemption from penalty provisions for certain

11         service warranties; providing retroactive

12         applicability; amending s. 634.406, F.S.;

13         prescribing conditions under which a service

14         warranty association is exempt from certain

15         premium-reserve and liability-insurance

16         requirements and may allow premiums to exceed

17         certain limits; providing an effective date.

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

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21         Section 1.  Section 634.1815, Florida Statutes, is

22  created to read:

23         634.1815  Rebating; when allowed.--

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

25  her commission except as follows:

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

27  the same actuarial class.

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

29  schedule filed by the salesperson with the service agreement

30  company issuing the service agreement to which the rebate

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    CS for SB 1848                                 First Engrossed



 1  applies. The service agreement company shall maintain a copy

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

 3         (c)  The rebating schedule shall be uniformly applied

 4  in that all consumers who purchase the same service agreement

 5  through the salesperson for the same coverage receive the same

 6  percentage rebate.

 7         (d)  The rebate schedule is prominently displayed in

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

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

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

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

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

13  rebate or whether a rebate is available.

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

15  based on factors that are unfairly discriminatory.

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

17  the rebate schedule.

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

19  the purchase or failure to purchase collateral business.

20         Section 2.  Subsection (5) is added to section 634.271,

21  Florida Statutes, to read:

22         634.271  Civil remedy.--

23         (5)  The penalty provisions in ss. 520.12 and 521.006,

24  as well as the statutory penalty minimum recovery of $500 in

25  subsection (1), do not apply to any violation of this part or

26  chapters 520 and 521 relating to or in connection with the

27  issuance, purchase, or sale, before April 23, 2002, of a

28  vehicle protection product or contract, agreement, or product

29  that provides for payment of vehicle protection expenses as

30  defined in s. 634.011.

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    CS for SB 1848                                 First Engrossed



 1         Section 3.  Section 634.3205, Florida Statutes, is

 2  created to read:

 3         634.3205  Rebating; when allowed.--

 4         (1)  No sales representative shall rebate any portion

 5  of his or her commission except as follows:

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

 7  the same actuarial class.

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

 9  schedule filed by the sales representative with the home

10  warranty association issuing the home warranty to which the

11  rebate applies. The home warranty association shall maintain a

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

13         (c)  The rebating schedule shall be uniformly applied

14  in that all consumers who purchase the same home warranty

15  through the sales representative for the same coverage receive

16  the same percentage rebate.

17         (d)  The rebate schedule is prominently displayed in

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

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

20  charge.

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

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

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

24  rebate or whether a rebate is available.

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

26  based on factors that are unfairly discriminatory.

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

28  the rebate schedule.

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

30  the purchase or failure to purchase collateral business.

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    CS for SB 1848                                 First Engrossed



 1         Section 4.  Subsection (8) is added to section 634.406,

 2  Florida Statutes, to read:

 3         634.406  Financial requirements.--

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

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

 6  634, is not required to establish an unearned premium reserve

 7  or maintain contractual liability insurance and may allow its

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

 9  section if the association complies with the following:

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

11  or indirect wholly owned subsidiary of a parent corporation,

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

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

14  office with the following:

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

16  financial statements or the audited consolidated financial

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

18  independent certified public accountant in accordance with

19  generally accepted accounting principles, which clearly

20  demonstrate the net worth of the association or its parent

21  corporation to be $100 million and a quarterly written

22  certification to the office that such entity continues to

23  maintain the net worth required under this paragraph; and

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

25  10-K, Form 10-Q, or Form 20-F as filed with the United States

26  Securities and Exchange Commission or such other documents as

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

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

29  10 days after the last date each such report must be filed

30  with the Securities and Exchange Commission, the National

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    CS for SB 1848                                 First Engrossed



 1  Association of Security Dealers Automated Quotation system, or

 2  other recognized stock exchange.

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 4  Failure to timely file the documents required under this

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

 6  association to suspension or revocation of its license under

 7  this part. An association or parent corporation demonstrating

 8  compliance with subparagraph 1. and subparagraph 2. must

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

10  top four rating categories by a recognized rating service.

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

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

13  following provisions must be met:

14         1.  The parent corporation must guarantee all service

15  warranty obligations of the association, wherever written, on

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

17  termination, or modification of the guarantee shall become

18  effective unless the parent corporation provides the office

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

20  the cancellation, termination, or modification and the office

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

22  of cancellation, termination, or modification of the

23  guarantee, the association must demonstrate to the

24  satisfaction of the office compliance with all applicable

25  provisions of this part, including whether the association

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

27  contractual liability insurance, establishing required

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

29  association or parent corporation does not demonstrate to the

30  satisfaction of the office compliance with all applicable

31  provisions of this part, it shall immediately cease writing


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    CS for SB 1848                                 First Engrossed



 1  new and renewal business upon the effective date of the

 2  cancellation, termination, or modification.

 3         2.  The service warranty association must maintain at

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

 5         Section 5.  Section 634.4225, Florida Statutes, is

 6  created to read:

 7         634.4225  Rebating; when allowed.--

 8         (1)  No sales representative shall rebate any portion

 9  of his or her commission except as follows:

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

11  the same actuarial class.

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

13  schedule filed by the sales representative with the

14  association issuing the service warranty to which the rebate

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

16  schedules for a period of 3 years.

17         (c)  The rebating schedule shall be uniformly applied

18  in that all consumers who purchase the same service warranty

19  through the sales representative for the same coverage receive

20  the same percentage rebate.

21         (d)  The rebate schedule is prominently displayed in

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

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

24  charge.

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

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

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

28  rebate or whether a rebate is available.

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

30  on factors that are unfairly discriminatory.

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    CS for SB 1848                                 First Engrossed



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

 2  the rebate schedule.

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

 4  the purchase or failure to purchase collateral business.

 5         Section 6.  This act shall take effect upon becoming a

 6  law and section 2 shall apply retroactively to January 1,

 7  1998.

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