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House Bill 0487

Florida House of Representatives - 1997 HB 487 By Representative Dennis 1 A bill to be entitled 2 An act relating to premium finance companies; 3 amending s. 627.828, F.S.; revising certain net 4 worth requirements for applicants for a premium 5 finance company license; providing for a surety 6 bond under certain circumstances; requiring 7 certain insurance coverage; amending s. 8 627.848, F.S.; requiring insurers to return 9 certain amounts to premium finance companies on 10 cancelled policies; requiring such companies to 11 refund certain unearned premium; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 627.828, Florida Statutes, is 17 amended to read: 18 627.828 License required.-- 19 (1) Except as provided in ss. 627.901 and 627.902, no 20 person shall engage in the business of a premium finance 21 company unless licensed by the department. Every premium 22 finance company licensed under the provisions of this part 23 shall maintain at all times a net worth of $35,000. However, 24 in lieu of having a net worth of $35,000, a premium finance 25 company which has a net worth of at least $10,000 may file a 26 surety bond or other acceptable collateral with the department 27 as approved by it in the amount of $35,000, which bond or 28 collateral shall be maintained. 29 (2) The application for a license shall be in writing 30 and in the form prescribed by the department. Every applicant 31 shall provide evidence proof of a net worth of $35,000, 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 487 511-132-97 1 attested to by two officers of the company, or a $35,000 2 surety bond and evidence of a net worth of $10,000, attested 3 to by two officers of the company. Assets to be used in 4 computing the required net worth shall be determined by rules 5 adopted by the department. 6 (3) Each premium finance company licensed under this 7 part shall maintain at all times an errors and omissions 8 insurance policy of no less than $500,000 per claim. 9 (4)(3) A single license shall entitle the holder to 10 operate more than one office. 11 (5)(4) At the time of filing an application for a 12 license, the applicant shall pay to the department the license 13 fee and, upon original application or upon application 14 subsequent to denial of application, or revocation, suspension 15 or surrender of a license, an investigation fee. 16 (6)(5) Such license shall state the name and address 17 of the licensee, and a copy shall be kept conspicuously posted 18 in each office of the licensee and shall not be transferable 19 or assignable. 20 (7)(6) Prior to moving an existing office to another 21 location, a licensee shall notify the department in writing of 22 its intention to do so. 23 Section 2. Paragraph (e) of subsection (1) of section 24 627.848, Florida Statutes, 1996 Supplement, is amended to 25 read: 26 627.848 Cancellation of insurance contract upon 27 default.-- 28 (1) When a premium finance agreement contains a power 29 of attorney or other authority enabling the premium finance 30 company to cancel any insurance contract listed in the 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 487 511-132-97 1 agreement, the insurance contract shall not be canceled unless 2 cancellation is in accordance with the following provisions: 3 (e) Whenever an insurance contract is canceled in 4 accordance with this section, the insurer shall promptly 5 return the unpaid balance due under the finance contract, up 6 to the gross amount available, which shall include unearned 7 premiums, upon the cancellation of the policy, to the premium 8 finance company, which shall, after satisfaction of the 9 premium finance contract, return and any remaining unearned 10 premium to the agent or the insured in the case of personal 11 lines insurance, or to the agent in the case of commercial 12 insurance both, for the benefit of the insured or insureds. 13 Section 3. This act shall take effect upon becoming a 14 law. 15 16 ***************************************** 17 HOUSE SUMMARY 18 Revises net worth requirements for licensing premium 19 finance companies. Revises refund requirements on cancelled policies. See bill for details. 20 21 22 23 24 25 26 27 28 29 30 31 3