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

House Bill 0549c1

Florida House of Representatives - 1997 CS/HB 549 By the Committee on Financial Services and Representatives Ziebarth and Feeney 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. 10 634.301, F.S.; providing a definition; amending 11 s. 634.312, F.S.; providing for a required 12 element of home warranty contracts; creating s. 13 634.331, F.S.; providing that a home warranty 14 may provide coverage of residential property 15 listed for sale prior to the sale of such 16 property under certain circumstances; amending 17 s. 634.406, F.S.; revising language with 18 respect to financial requirements; providing an 19 effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsection (6) of section 634.011, Florida 24 Statutes, is amended to read: 25 634.011 Definitions.--As used in this part, the term: 26 (6) "Motor vehicle" means: 27 (a) A self-propelled device operated solely or 28 primarily upon roadways to transport people or property, or 29 the component part of such a self-propelled device, except 30 such term does not include any self-propelled vehicle, or 31 component part of such vehicle, which: 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 549 614-109-97 1 1. Has a gross vehicle weight rating of 10,000 pounds 2 or more, and is not a recreational vehicle as defined by 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 conditions on such right of transfer. The assignment must 24 occur within a period of time specified in the agreement, 25 which period may not expire earlier than 15 days after the 26 date of the sale or transfer of the motor vehicle. The service 27 agreement company may charge an assignment fee not to exceed 28 $40. 29 Section 3. Subsections (10), (11), (12), (13) and (14) 30 of section 634.301, Florida Statutes, are renumbered as 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 549 614-109-97 1 subsections (11), (12), (13), (14), and (15) respectively, and 2 a new subsection (10) is added to said section to read: 3 634.301 Definitions.--As used in this part, the term: 4 (10) "Listing period" means the period of time 5 residential property is listed for sale with a licensed real 6 estate broker, beginning on the date the residence is first 7 listed for sale and ending on either the date the sale of the 8 residence is closed, the date the residence is taken off the 9 market, or the date the listing contract with the real estate 10 broker expires. 11 Section 4. Subsection (4) of section 634.312, Florida 12 Statutes, is renumbered as subsection (5) and a new subsection 13 (4) is added to said section to read: 14 634.312 Filing, approval of forms.-- 15 (4) All home warranty contracts are assignable in a 16 consumer transaction and must contain a statement informing 17 the purchaser of the home warranty of his right to assign it, 18 at least within 15 days from the date the home is sold or 19 transferred, to a subsequent retail purchaser of the home 20 covered by the home warranty and all conditions on such right 21 of transfer. The home warranty company may charge an 22 assignment fee not to exceed $40. Home warranty assignments 23 include, but are not limited to, the assignment from a home 24 builder who purchased the home warranty to a subsequent home 25 purchaser. 26 Section 5. Section 634.331, Florida Statutes, is 27 created to read: 28 634.331 Coverage of property for sale.--A home 29 warranty may provide coverage of residential property during 30 the listing period of such property for a period not to exceed 31 12 months, provided that the home warranty company charges the 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 549 614-109-97 1 warranty purchaser a separately identifiable charge for the 2 list period coverage in an amount equal to at least 15 percent 3 of the annual premium charged for the home warranty and the 4 charge for such coverage is due at the earlier of the end of 5 the listing period or the date the sale of the residential 6 property is closed. 7 Section 6. Subsection (5) of section 634.406, Florida 8 Statutes, is amended to read: 9 634.406 Financial requirements.-- 10 (5) No warranty seller may allow its gross written 11 premiums in force to exceed a 7 5 to 1 ratio to net assets. 12 Section 7. This act shall take effect October 1, 1997. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4