CODING: Words stricken are deletions; words underlined are additions.

House Bill 0549

Florida House of Representatives - 1997 HB 549 By Representative Ziebarth 1 A bill to be entitled 2 An act relating to warranty companies; amending 3 s. 634.011, F.S.; redefining the term "motor 4 vehicle" with respect to motor vehicle service 5 agreement companies; amending s. 634.121, F.S.; 6 authorizing such service agreement companies to 7 limit both the time period within which a 8 consumer may transfer the agreement and the 9 number of transfers permissible; amending s. 10 634.312, F.S.; providing for a required element 11 of home warranty contracts; creating s. 12 634.331, F.S.; providing that a home warranty 13 may provide coverage of residential property 14 listed for sale prior to the sale of such 15 property under certain circumstances; amending 16 s. 634.406, F.S.; revising language with 17 respect to financial requirements; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (6) of section 634.011, Florida 23 Statutes, is amended to read: 24 634.011 Definitions.--As used in this part, the term: 25 (6) "Motor vehicle" means: 26 (a) A self-propelled device operated solely or 27 primarily upon roadways to transport people or property, or 28 the component part of such a self-propelled device, except 29 such term does not include any self-propelled vehicle, or 30 component part of such vehicle, which: 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 549 559-135-97 1 1. Has a gross vehicle weight rating of 10,000 pounds 2 or more, except for recreational vehicles as defined in s. 3 320.01(1)(b); 4 2. Is designed to transport more than 10 passengers, 5 including the driver; or 6 3. Is used in the transportation of materials found to 7 be hazardous for the purposes of the Hazardous Materials 8 Transportation Act, as amended, 49 U.S.C. ss. 1801 et seq.; or 9 (b) A self-propelled device operated solely or 10 primarily upon water for noncommercial, personal use, or the 11 engine of such a vehicle, or a trailer or other device used to 12 transport such vehicle or device. 13 Section 2. Subsection (4) of section 634.121, Florida 14 Statutes, is amended to read: 15 634.121 Filing of forms, required procedures, 16 provisions.-- 17 (4) All motor vehicle service agreements are 18 assignable in a consumer transaction and must contain a 19 statement in conspicuous, boldfaced type, informing the 20 purchaser of the service agreement of his right to assign it, 21 before the expiration date, to a subsequent retail purchaser 22 of the motor vehicle covered by the service agreement and all 23 limitations on such right of transfer. The service agreement 24 company may limit both the time period within which a consumer 25 may transfer a motor vehicle service agreement and the number 26 of transfers permissible. The service agreement company may 27 charge an assignment fee not to exceed $40. 28 Section 3. Subsection (5) is added to section 634.312, 29 Florida Statutes, to read: 30 634.312 Filing, approval of forms.-- 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 549 559-135-97 1 (5) Each home warranty contract must describe the 2 procedure to transfer the warranty to subsequent retail 3 purchasers and all limitations and exclusions on the 4 transferability of such contracts. Home warranty transfers 5 include, but are not limited to, the transfer from a home 6 builder or homeowner who purchased the home warranty to a 7 subsequent home purchaser. 8 Section 4. Section 634.331, Florida Statutes, is 9 created to read: 10 634.331 Coverage of property for sale.--A home 11 warranty contract may provide coverage of residential property 12 listed for sale prior to the sale of such property, provided 13 that either: 14 (1) An element of the warranty premium is attributed 15 to such coverage; or 16 (2) The warranty purchaser has executed a bona fide 17 promise, in writing, to pay the warranty premium for coverage 18 during the listing period after the time of transfer of title 19 of the subject property. 20 Section 5. Subsections (4) and (5) of section 634.406, 21 Florida Statutes, are amended to read: 22 634.406 Financial requirements.-- 23 (4) No warrantor may allow its gross written premiums 24 in force to exceed a 10 7 to 1 ratio to net assets; however, a 25 company may exceed this requirement if the company: 26 (a) Holds licenses issued pursuant to the provisions 27 of part I and this part, and 28 (b) Maintains net assets of at least $2.5 million, and 29 (c) Utilizes contractual liability insurance which 30 reimburses the service warranty association for 100 percent of 31 its paid claims, and 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 549 559-135-97 1 (d) The insurer issuing the contractual liability 2 insurance policy maintains a policyholder surplus of at least 3 $100 million and is rated "A" or higher by A.M. Best Company. 4 (5) No warranty seller may allow its gross written 5 premiums in force to exceed a 10 5 to 1 ratio to net assets. 6 Section 6. This act shall take effect October 1, 1997. 7 8 ***************************************** 9 HOUSE SUMMARY 10 Revises provisions of law relating to motor vehicle 11 service agreement companies to: 1. Redefine the term "motor vehicle." 12 2. Provide that the service agreement company may limit both the time period within which a consumer may 13 transfer a motor vehicle service agreement and the number of transfers permissible. 14 15 Revises provisions of law relating to home warranty associations to: 16 1. Provide that each home warranty must describe the procedure to transfer the warranty to subsequent 17 retail purchasers and all limitations and exclusions on the transferability of such contracts. 18 2. Provide that a home warranty may provide coverage of residential property listed for sale prior to 19 the sale of such property under described circumstances. 3. Revise provisions relating to financial 20 requirements. 21 22 23 24 25 26 27 28 29 30 31 4