Senate Bill sb2240

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2240

    By Senator Garcia





    39-871A-01                                         See HB 1787

  1                      A bill to be entitled

  2         An act relating to warranty associations;

  3         amending s. 634.011, F.S.; defining the term

  4         "additive product"; redefining the terms "motor

  5         vehicle service agreement" and "salesperson";

  6         amending s. 634.044, F.S.; including part

  7         inventories among the allowable assets of a

  8         service agreement company; amending s. 634.137,

  9         F.S.; providing for submission of financial

10         reports to the Department of Insurance in a

11         computer-readable form; amending s. 634.171,

12         F.S.; providing that a motor vehicle service

13         agreement company is not required to be

14         licensed as a salesperson to solicit, sell,

15         issue, or otherwise transact the motor vehicle

16         service agreements issued by the company;

17         repealing s. 634.281, F.S., which provides that

18         service agreement companies and their

19         salespersons are subject to pt. X of ch. 626,

20         F.S., relating to viatical settlements;

21         creating s. 634.2815, F.S.; prohibiting

22         engaging in any trade practice determined to be

23         an unfair method of competition or an unfair or

24         deceptive act or practice involving the

25         business of motor vehicle service agreements;

26         creating s. 634.282, F.S.; defining unfair

27         methods of competition and unfair or deceptive

28         acts or practices; creating s. 634.2825, F.S.;

29         requiring vendors and lenders to separately

30         state and identify the amount charged and to be

31         paid for a motor vehicle service agreement;

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         providing applicability; creating s. 634.283,

  2         F.S.; providing power of the Department of

  3         Insurance to examine and investigate the

  4         affairs of persons involved in the business of

  5         motor vehicle service agreements in the state;

  6         creating s. 634.284, F.S.; authorizing the

  7         department to conduct hearings with respect to

  8         specified prohibited practices; providing a

  9         fine for failure to comply with a subpoena or

10         an order directing discovery; creating s.

11         634.285, F.S.; providing for the issuance of

12         cease and desist orders by the department;

13         providing specified penalties; creating s.

14         634.286, F.S.; providing for appeals of orders

15         of the department; creating s. 634.287, F.S.;

16         providing penalties for violation of a cease

17         and desist order of the department; creating s.

18         634.288, F.S.; providing for civil liability;

19         amending s. 634.301, F.S.; redefining the term

20         "home warranty"; amending s. 634.3077, F.S.;

21         eliminating specified assets to be deducted in

22         computing the net asset requirement of a home

23         warranty association;  creating s. 634.3078,

24         F.S.; specifying allowable assets and

25         liabilities with respect to the determination

26         of the financial condition of a service

27         warranty association; amending s. 634.313,

28         F.S.; providing for submission of annual

29         statements and financial reports to the

30         Department of Insurance in a computer-readable

31         form; amending s. 634.318, F.S.; providing that

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         a home warranty association is not required to

  2         be licensed as a salesperson to solicit, sell,

  3         issue, or otherwise transact the home warranty

  4         agreements issued by the association; amending

  5         s. 634.331, F.S.; revising terminology with

  6         respect to coverage of property for sale;

  7         amending s. 634.336, F.S.; including

  8         advertising, offering, or providing a free home

  9         warranty as an inducement to specified

10         purchases or sales among acts or practices

11         which constitute unfair methods of competition

12         and unfair or deceptive acts or practices;

13         amending s. 634.415, F.S.; providing for

14         submission of statements and reports to the

15         Department of Insurance in a computer-readable

16         form; amending s. 634.419, F.S.; providing that

17         a service warranty association is not required

18         to be licensed as a sales representative to

19         solicit, sell, or issue service warranty

20         agreements issued by the association; amending

21         s. 634.436, F.S.; including advertising,

22         offering, or providing a free service warranty

23         as an inducement to specified purchases or

24         sales among acts or practices which constitute

25         unfair methods of competition and unfair or

26         deceptive acts or practices; amending ss.

27         624.124, 628.4615, F.S.; conforming

28         cross-references; providing an effective date.

29

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

31

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         Section 1.  Present subsections (2) through (16) of

  2  section 634.011, Florida Statutes, are renumbered as

  3  subsections (3) through (17), respectively, present

  4  subsections (7) and (13) are amended, and a new subsection (2)

  5  is added to that section, to read:

  6         634.011  Definitions.--As used in this part, the term:

  7         (2)  "Additive product" means any fuel supplement, oil

  8  supplement, or any other supplement product added to a motor

  9  vehicle for the purpose of increasing or enhancing the

10  performance or improving the longevity of such motor vehicle.

11         (8)(7)  "Motor vehicle service agreement" or "service

12  agreement" means any contract or agreement indemnifying the

13  service agreement holder for the motor vehicle listed on the

14  service agreement and arising out of the ownership, operation,

15  and use of the motor vehicle against loss caused by failure of

16  any mechanical or other component part, or any mechanical or

17  other component part that does not function as it was

18  originally intended; however, nothing in this part shall

19  prohibit or affect the giving, free of charge, of the usual

20  performance guarantees by manufacturers or dealers in

21  connection with the sale of motor vehicles; and provided

22  further, however, transactions exempt under s. 624.125 shall

23  be expressly excluded from this definition and are exempt from

24  the provisions of this part. The term "motor vehicle service

25  agreement" includes any contract or agreement which provides

26  the coverage or protection defined in this subsection and is

27  issued or provided in conjunction with an additive product

28  applied to the motor vehicle which is the subject of such

29  contract or agreement.

30         (14)(13)  "Salesperson" means any dealership,

31  corporation, partnership, or sole proprietorship employed or

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  otherwise retained by an insurer or motor vehicle service

  2  agreement company for the purpose of selling or issuing motor

  3  vehicle service agreements or for the purpose of soliciting or

  4  retaining other salespersons.

  5         Section 2.  Subsection (1) of section 634.044, Florida

  6  Statutes, is amended to read:

  7         634.044  Assets and liabilities.--

  8         (1)  ASSETS.--In any determination of the financial

  9  condition of a service agreement company, there shall be

10  allowed as assets only those assets that are owned by the

11  service agreement company and which assets consist of:

12         (a)  Cash in the possession of the service agreement

13  company, or in transit under its control, including the true

14  balance of any deposit in a solvent bank, savings and loan

15  association, or trust company which is domiciled in the United

16  States.

17         (b)  Investments, securities, properties, and loans

18  acquired or held in accordance with this part, and in

19  connection therewith the following items:

20         1.  Interest due or accrued on any bond or evidence of

21  indebtedness which is not in default and which is not valued

22  on a basis including accrued interest.

23         2.  Declared and unpaid dividends on stock and shares,

24  unless the amount of the dividends has otherwise been allowed

25  as an asset.

26         3.  Interest due or accrued upon a collateral loan

27  which is not in default in an amount not to exceed 1 year's

28  interest thereon.

29         4.  Interest due or accrued on deposits or certificates

30  of deposit in solvent banks, savings and loan associations,

31  and trust companies domiciled in the United States, and

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  interest due or accrued on other assets, if such interest is

  2  in the judgment of the department a collectible asset.

  3         5.  Interest due or accrued on current mortgage loans,

  4  in an amount not exceeding in any event the amount, if any, of

  5  the excess of the value of the property less delinquent taxes

  6  thereon over the unpaid principal; but in no event shall

  7  interest accrued for a period in excess of 90 days be allowed

  8  as an asset.

  9         6.  Rent due or accrued on real property if such rent

10  is not in arrears for more than 3 months.  However, in no

11  event shall rent accrued for a period in excess of 90 days be

12  allowed as an asset.

13         7.  The unaccrued portion of taxes paid prior to the

14  due date on real property.

15         (c)  Furniture, fixtures, furnishings, vehicles, and

16  equipment, if the original cost of each item is at least $200,

17  which cost shall be amortized in full over a period not to

18  exceed 5 calendar years, unless otherwise approved by the

19  department.

20         (d)  Part inventories maintained for the purpose of

21  servicing products warranted. Part inventories must be listed

22  at cost. Service agreement companies are required to maintain

23  records to support valuation of part inventories.

24         (e)(d)  The liquidation value of or prepaid expenses.

25         (f)(e)  Other assets or receivables, not inconsistent

26  with the provisions of this section, deemed by the department

27  to be available for the payment of losses and claims, at

28  values to be determined by the department.

29

30  The department, upon determining that a service agreement

31  company's asset has not been evaluated according to applicable

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  law or that it does not qualify as an asset, shall require the

  2  service agreement company to properly reevaluate the asset or

  3  replace the asset with an asset suitable to the department

  4  within 30 days of written notification by the department of

  5  this determination, if the removal of the asset from the

  6  organization's assets would impair the company's solvency.

  7         Section 3.  Subsection (5) is added to section 634.137,

  8  Florida Statutes, to read:

  9         634.137  Financial and statistical reporting

10  requirements.--

11         (5)  The department may by rule require each motor

12  vehicle service agreement company to submit to the department,

13  as the department may designate, all or part of the

14  information contained in the financial reports required by

15  this section in a computer-readable form compatible with the

16  electronic data processing system specified by the department.

17         Section 4.  Section 634.171, Florida Statutes, is

18  amended to read:

19         634.171  Salesperson to be licensed and

20  appointed.--Salespersons for motor vehicle service agreement

21  companies and insurers shall be licensed, appointed, renewed,

22  continued, reinstated, or terminated as prescribed in chapter

23  626 for insurance representatives in general.  However, they

24  shall be exempt from all other provisions of chapter 626

25  including fingerprinting, photo identification, education, and

26  examination provisions.  License, appointment, and other fees

27  shall be those prescribed in s. 624.501.  A licensed and

28  appointed salesperson shall be directly responsible and

29  accountable for all acts of her or his employees and other

30  representatives.  Each service agreement company or insurer

31  shall, on forms prescribed by the department, within 30 days

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  after termination of the appointment, notify the department of

  2  such termination.  No employee or salesperson of a motor

  3  vehicle service agreement company or insurer may directly or

  4  indirectly solicit or negotiate insurance contracts, or hold

  5  herself or himself out in any manner to be an insurance agent

  6  or solicitor, unless so qualified, licensed, and appointed

  7  therefor under the Florida Insurance Code. A motor vehicle

  8  service agreement company is not required to be licensed as a

  9  salesperson to solicit, sell, issue, or otherwise transact the

10  motor vehicle service agreements issued by the motor vehicle

11  service agreement company.

12         Section 5.  Section 634.281, Florida Statutes, is

13  repealed.

14         Section 6.  Section 634.2815, Florida Statutes, is

15  created to read:

16         634.2815  Unfair methods of competition and unfair or

17  deceptive acts or practices prohibited.--No person may engage

18  in this state in any trade practice which is defined in this

19  part as, or determined pursuant to s. 634.282 to be, an unfair

20  method of competition or an unfair or deceptive act or

21  practice involving the business of motor vehicle service

22  agreements.

23         Section 7.  Section 634.282, Florida Statutes, is

24  created to read:

25         634.282  Unfair methods of competition and unfair or

26  deceptive acts or practices defined.--The following methods,

27  acts, or practices are defined as unfair methods of

28  competition and unfair or deceptive acts or practices:

29         (1)  MISREPRESENTATION AND FALSE

30  ADVERTISING.--Knowingly making, issuing, circulating, or

31  causing to be made, issued, or circulated, any estimate,

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  illustration, circular, statement, sales presentation,

  2  omission, or comparison which:

  3         (a)  Misrepresents the benefits, advantages,

  4  conditions, or terms of any motor vehicle service agreement.

  5         (b)  Is misleading or is a misrepresentation as to the

  6  financial condition of any person.

  7         (c)  Uses any name or title of any contract

  8  misrepresenting the true nature thereof.

  9         (d)  Is a misrepresentation for the purpose of

10  inducing, or tending to induce, the lapse, forfeiture,

11  exchange, conversion, or surrender of any motor vehicle

12  service agreement.

13         (2)  FALSE INFORMATION AND ADVERTISING

14  GENERALLY.--Knowingly making, publishing, disseminating,

15  circulating, or placing before the public, or causing,

16  directly or indirectly, to be made, published, disseminated,

17  circulated, or placed before the public:

18         (a)  In a newspaper, magazine, or other publication;

19         (b)  In the form of a notice, circular, pamphlet,

20  letter, or poster;

21         (c)  Over any radio or television station; or

22         (d)  Over the Internet, electronically, or in any other

23  way,

24

25  an advertisement, announcement, or statement containing any

26  assertion, representation, or statement with respect to the

27  business of motor vehicle service agreements, which assertion,

28  representation, or statement is untrue, deceptive, or

29  misleading.

30         (3)  DEFAMATION.--Knowingly making, publishing,

31  disseminating, or circulating, directly or indirectly, or

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  aiding, abetting, or encouraging the making, publishing,

  2  disseminating, or circulating of, any oral or written

  3  statement, or any pamphlet, circular, article, or literature,

  4  which is false or maliciously critical of, or derogatory to,

  5  any person and which is calculated to injure such person.

  6         (4)  BOYCOTT, COERCION, AND INTIMIDATION.--Entering

  7  into any agreement to commit, or by any concerted action

  8  committing, any act of boycott, coercion, or intimidation

  9  resulting in, or tending to result in, unreasonable restraint

10  of, or monopoly in, the business of motor vehicle service

11  agreements.

12         (5)  FALSE STATEMENTS AND ENTRIES.--

13         (a)  Knowingly:

14         1.  Filing with any supervisory or other public

15  official;

16         2.  Making, publishing, disseminating, or circulating;

17         3.  Delivering to any person;

18         4.  Placing before the public; or

19         5.  Causing, directly or indirectly, to be made,

20  published, disseminated, circulated, delivered to any person,

21  or placed before the public,

22

23  any false statement.

24         (b)  Knowingly making any false entry of a material

25  fact in any book, report, or statement of any person, or

26  knowingly failing to make a true entry of any material fact

27  pertaining to the business of such person in any book, report,

28  or statement of such person.

29         (6)  UNFAIR DISCRIMINATION.--Knowingly making or

30  permitting any unfair discrimination between individuals of

31  the same actuarially supportable class and essentially the

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  same hazard, in the amount of premium, policy fees, or rates

  2  charged for any motor vehicle service agreement, in any of the

  3  terms or conditions of such agreement, or in any other manner

  4  whatsoever.

  5         (7)  UNLAWFUL REBATES.--Except as otherwise expressly

  6  provided by law, or in an applicable filing with the

  7  department, knowingly:

  8         (a)  Permitting, or offering to make, or making, any

  9  contract or agreement as to such contract other than as

10  plainly expressed in the motor vehicle service agreement

11  issued thereon;

12         (b)  Paying, allowing, or giving, or offering to pay,

13  allow, or give, directly or indirectly, as inducement to such

14  motor vehicle service agreement, any unlawful rebate of

15  premiums payable on the agreement, any special favor or

16  advantage in the benefits thereon, or any valuable

17  consideration or inducement not specified in the agreement;

18         (c)  Giving, selling, or purchasing, or offering to

19  give, sell, or purchase, as an inducement to such motor

20  vehicle service agreement or in connection therewith, any

21  stocks, bonds, or other securities of any insurance company,

22  service agreement company, or other corporation, association,

23  or partnership, or any dividends or profits accrued thereon,

24  or anything of value not specified in the motor vehicle

25  service agreement.

26         (8)  UNFAIR CLAIM SETTLEMENT PRACTICES.--

27         (a)  Attempting to settle claims on the basis of an

28  application or any other material document which was altered

29  without notice to, or knowledge or consent of, the service

30  agreement holder;

31

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         (b)  Making a material misrepresentation to the service

  2  agreement holder for the purpose and with the intent of

  3  effecting settlement of such claims, loss, or damage under

  4  such contract on less favorable terms than those provided in,

  5  and contemplated by, such contract; or

  6         (c)  Committing or performing with such frequency as to

  7  indicate a general business practice any of the following

  8  practices:

  9         1.  Failure to adopt and implement internal standards

10  for the investigation of claims;

11         2.  Misrepresentation of pertinent facts or contract

12  provisions relating to coverages at issue;

13         3.  Failure to acknowledge and act promptly upon

14  communications with respect to claims;

15         4.  Denial of claims without conducting reasonable

16  investigations based upon available information;

17         5.  Failure to affirm or deny full or partial coverage

18  of claims and, as to partial coverage, the dollar amount or

19  extent of coverage, or failure to provide a written statement

20  that the claim is being investigated, upon written request of

21  the service agreement holder within 30 days after

22  proof-of-loss statements have been completed;

23         6.  Failure to promptly provide a reasonable

24  explanation to the service agreement holder of the basis in

25  the contract in relation to the facts or applicable law for

26  denial of a claim or for the offer of a compromise settlement;

27         7.  Failure to promptly notify the service agreement

28  holder of any additional information necessary for the

29  processing of a claim; or

30

31

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         8.  Failure to clearly explain the nature of the

  2  requested information and the reasons such information is

  3  necessary.

  4         (9)  FAILURE TO MAINTAIN PROCEDURES FOR HANDLING

  5  COMPLAINTS.--Failing to maintain a complete record of all

  6  complaints received since the date of the last examination.

  7  For purposes of this paragraph, "complaint" means any written

  8  communication primarily expressing a grievance.

  9         (10)  DISCRIMINATORY REFUSAL TO ISSUE A

10  CONTRACT.--Refusing to issue a contract solely because of an

11  individual's race, color, creed, marital status, sex, or

12  national origin.

13         (11)  MISREPRESENTATION IN SERVICE AGREEMENT

14  APPLICATIONS.--Knowingly making a false or fraudulent written

15  or oral statement or representation on, or relative to, an

16  application or negotiation for a motor vehicle service

17  agreement for the purpose of obtaining a fee, commission,

18  money, or other benefit from any insurer, service agreement

19  company, agent, broker, salesperson, or individual.

20         (12)  FREE SERVICE AGREEMENTS.--

21         (a)  Advertising, offering, or providing a free motor

22  vehicle service agreement as an inducement to the purchase or

23  sale of real or personal property or of services directly or

24  indirectly connected with such real or personal property.

25         (b)  For the purposes of this subsection, a "free"

26  motor vehicle service agreement is:

27         1.  A motor vehicle service agreement for which no

28  identifiable and additional charge is made to the purchaser of

29  such real property, personal property, or services.

30         2.  A motor vehicle service agreement for which an

31  identifiable or additional charge is made in an amount less

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  than the cost of such motor vehicle service agreement as to

  2  the seller or other person, other than the service agreement

  3  company, providing the same.

  4         3.  Using the word "free" or words which imply the

  5  provision of a motor vehicle service agreement without a cost

  6  in connection with the advertising or offering for sale of any

  7  kind of goods, merchandise, or services.

  8         (13)  ILLEGAL DEALINGS IN PREMIUMS; EXCESS OR REDUCED

  9  CHARGES FOR MOTOR VEHICLE SERVICE AGREEMENTS.--

10         (a)  Knowingly collecting any sum as a premium or

11  charge for a motor vehicle service agreement, which is not

12  then provided, or is not in due course to be provided, subject

13  to acceptance of the risk by a service agreement company or an

14  insurer, by a motor vehicle service agreement issued by a

15  service agreement company or an insurer as permitted by this

16  part.

17         (b)  Knowingly collecting as a premium or charge for a

18  motor vehicle service agreement any sum in excess of or less

19  than the premium or charge applicable to such motor vehicle

20  service agreement, in accordance with the applicable

21  classifications and rates as filed with the department, and as

22  specified in the motor vehicle service agreement.

23         (14)  INTERLOCKING OWNERSHIP AND MANAGEMENT.--

24         (a)  Any motor vehicle service agreement company may

25  retain, invest in, or acquire the whole or any part of the

26  capital of any other motor vehicle service agreement company,

27  or have a common management with any other motor vehicle

28  service agreement company, unless such retention, investment,

29  acquisition, or common management is inconsistent with any

30  other provision of this part, or unless by reason thereof the

31  business of such insurers with the public is conducted in a

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  manner which substantially lessens competition generally in

  2  the insurance business.

  3         (b)  Any person otherwise qualified may be a director

  4  of two or more motor vehicle service agreement companies which

  5  are competitors, unless the effect thereof is substantially to

  6  lessen competition between motor vehicle service agreement

  7  companies generally or materially tend to create a monopoly.

  8         (15)  FALSE CLAIMS; OBTAINING OR RETAINING MONEY

  9  DISHONESTLY.--

10         (a)  Any salesperson who causes to be presented to any

11  motor vehicle service agreement company a false claim for

12  payment, knowing the same to be false; or

13         (b)  Any salesperson who represents any motor vehicle

14  service agreement company or collects or does business without

15  the authority of the motor vehicle service agreement company,

16  secures cash advances by false statements, or fails to turn

17  over when required, or satisfactorily account for, all

18  collections of such motor vehicle service agreement company,

19

20  shall, in addition to the other penalties provided in this

21  act, commit a misdemeanor of the second degree, punishable as

22  provided in s. 775.082 or s. 775.083.

23         (16)  SLIDING.--Sliding is the act or practice of:

24         (a)  Representing to the applicant that a specific

25  ancillary coverage or product is required by law in

26  conjunction with the purchase of a motor vehicle service

27  agreement when such coverage or product is not required;

28         (b)  Representing to the applicant that a specific

29  ancillary coverage or product is included in the motor vehicle

30  service agreement contract applied for without an additional

31  charge when such charge is required; or

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         (c)  Charging an applicant for a specific ancillary

  2  coverage or product, in addition to the cost of the motor

  3  vehicle service agreement coverage applied for, without the

  4  informed consent of the applicant.

  5

  6  No provision of this section shall be deemed to prohibit a

  7  service agreement company or a licensed insurer from giving to

  8  service agreement holders, prospective service agreement

  9  holders, and others for the purpose of advertising, any

10  article of merchandise having a value of not more than $25.

11         Section 8.  Section 634.2825, Florida Statutes, is

12  created to read:

13         634.2825  Motor vehicle service agreement cost

14  specified in "price package".--

15         (1)  When the premium or charge for a motor vehicle

16  service agreement or involving such property or merchandise is

17  included in the overall purchase price or financing of the

18  purchase of merchandise or property, the vendor or lender

19  shall separately state and identify the amount charged and to

20  be paid for the motor vehicle service agreement, and the

21  classifications, if any, upon which based; and the inclusion

22  or exclusion of the cost of a motor vehicle service agreement

23  in such purchase price or financing shall not increase,

24  reduce, or otherwise affect any other factor involved in the

25  cost of merchandise, property, or financing as to the

26  purchaser or borrower.

27         (2)  This section does not apply to transactions which

28  are subject to the provisions of part I of chapter 520,

29  entitled "The Motor Vehicle Retail Sales Finance Act."

30         Section 9.  Section 634.283, Florida Statutes, is

31  created to read:

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         634.283  Power of department to examine and

  2  investigate.--The department has the power to examine and

  3  investigate the affairs of every person involved in the

  4  business of motor vehicle service agreements in this state in

  5  order to determine whether such person has been or is engaged

  6  in any unfair method of competition or in any unfair or

  7  deceptive act or practice prohibited by s. 634.2815.

  8         Section 10.  Section 634.284, Florida Statutes, is

  9  created to read:

10         634.284 Prohibited practices; hearings, witnesses,

11  appearances, production of books, and service of process.--

12         (1)  Whenever the department has reason to believe that

13  any person has engaged, or is engaging, in this state in any

14  unfair method of competition or any unfair or deceptive act or

15  practice as defined in s. 634.282, or is engaging in the

16  business of motor vehicle service agreements without being

17  properly licensed as required by this part, and that a

18  proceeding by the department in respect thereto would be in

19  the interest of the public, the department shall conduct or

20  cause to have conducted a hearing in accordance with chapter

21  120.

22         (2)  The department, a duly empowered hearing officer,

23  or an administrative law judge shall, during the conduct of

24  such hearing, have those powers enumerated in s. 120.569;

25  however, the penalty for failure to comply with a subpoena or

26  with an order directing discovery is limited to a fine not to

27  exceed $1,000 per violation.

28         (3)  A statement of charges, notice, or order under

29  this part may be served by anyone duly authorized by the

30  department, either in the manner provided by law for service

31  of process in civil actions or by certifying and mailing a

                                  17

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  copy thereof to the person affected by such statement, notice,

  2  order, or other process at her or his residence or principal

  3  office or place of business. The verified return by the person

  4  so serving such statement, notice, order, or other process,

  5  setting forth the manner of the service is proof of the same;

  6  and the return postcard receipt for such statement, notice,

  7  order, or other process, certified and mailed as provided in

  8  this subsection, is proof of service of the same.

  9         Section 11.  Section 634.285, Florida Statutes, is

10  created to read:

11         634.285  Cease and desist and penalty orders.--After

12  the hearing provided for in s. 634.284, the department shall

13  enter a final order in accordance with s. 120.569. If it is

14  determined that the person charged has engaged in an unfair or

15  deceptive act or practice or the unlawful transaction of a

16  service agreement business, the department also shall issue an

17  order requiring the violator to cease and desist from engaging

18  in such method of competition, act, or practice or the

19  unlawful transaction of service agreement business. Further,

20  the department may, at its discretion, order any one or more

21  of the following penalties:

22         (1)  The suspension or revocation of such person's

23  license, or eligibility for any license, if the person knew,

24  or reasonably should have known, that she or he was in

25  violation of this part.

26         (2)  If it is determined that the person charged has

27  provided or offered to provide motor vehicle service

28  agreements without proper licensure, the imposition of an

29  administrative penalty not to exceed $1,000 for each service

30  agreement contract offered or effectuated.

31

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         Section 12.  Section 634.286, Florida Statutes, is

  2  created to read:

  3         634.286  Appeals from orders of the department.--Any

  4  person subject to an order of the department under s. 634.285

  5  may obtain a review of such order by filing an appeal

  6  therefrom in accordance with the provisions and procedures for

  7  appeal from the orders of the department in general under s.

  8  120.68.

  9         Section 13.  Section 634.287, Florida Statutes, is

10  created to read:

11         634.287  Penalty for violation of cease and desist

12  order.--Any person who violates a cease and desist order of

13  the department under s. 634.285 while such order is in effect,

14  after notice and hearing as provided in s. 634.284, is

15  subject, at the discretion of the department, to any one or

16  more of the following penalties:

17         (1)  A monetary penalty of not more than $50,000 as to

18  all matters determined in such hearing.

19         (2)  The suspension or revocation of such person's

20  license or eligibility to hold a license.

21         Section 14.  Section 634.288, Florida Statutes, is

22  created to read:

23         634.288 Civil liability.--The provisions of this part

24  are cumulative to rights under the general civil and common

25  law, and no action of the department will abrogate such rights

26  to damages or other relief in any court.

27         Section 15.  Subsection (4) of section 634.301, Florida

28  Statutes, is amended to read:

29         634.301  Definitions.--As used in this part, the term:

30         (4)  "Home warranty" or "warranty" means any contract

31  or agreement:

                                  19

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         (a)  Offered in connection with the sale of residential

  2  property;

  3         (b)  Offered in connection with a loan of $5,000 or

  4  more which is secured by residential property that is the

  5  subject of the warranty, but not in connection with the sale

  6  of such property; or

  7         (c)  Offered in connection with a home improvement of

  8  $7,500 or more for residential property that is the subject of

  9  the warranty, but not in connection with the sale of such

10  property;

11

12  whereby a person undertakes to indemnify the warranty holder

13  against the cost of repair or replacement, or actually

14  furnishes repair or replacement, of any structural component

15  or appliance of a home, necessitated by wear and tear or an

16  inherent defect of any such structural component or appliance

17  or necessitated by the failure of an inspection to detect the

18  likelihood of any such loss. However, this part does not

19  prohibit the giving of usual performance guarantees by either

20  the builder of a home or the manufacturer or seller of an

21  appliance, as long as no identifiable charge is made for such

22  guarantee.  This part does not permit the provision of

23  indemnification against consequential damages arising from the

24  failure of any structural component or appliance of a home,

25  which practice constitutes the transaction of insurance

26  subject to all requirements of the insurance code.  This part

27  does not apply to service contracts entered into between

28  consumers and nonprofit organizations or cooperatives the

29  members of which consist of condominium associations and

30  condominium owners and which perform repairs and maintenance

31  for appliances or maintenance of the residential property.

                                  20

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  This part does not apply to a contract or agreement offered in

  2  connection with the sale of residential property by a service

  3  warranty association in compliance with part III of this

  4  chapter, provided such contract or agreement only relates to

  5  the systems and appliances of the covered residential property

  6  and does not cover any structural component of the residential

  7  property.

  8         Section 16.  Section 634.3077, Florida Statutes, is

  9  amended to read:

10         634.3077  Financial requirements.--

11         (1)  An association licensed under this part shall

12  maintain a funded, unearned premium reserve account,

13  consisting of unencumbered assets, equal to a minimum of 25

14  percent of the gross written premiums received by it from all

15  warranty contracts in force.  Such assets shall be held in the

16  form of cash or invested in securities for investments as

17  provided in part II of chapter 625.

18         (2)  An association shall maintain, at a minimum, net

19  assets equal to one-sixth of the written premiums it receives

20  for the issuance and delivery of any binder or warranty in

21  force.  Net assets may be less than one-sixth of the premiums

22  written provided the association has net assets of not less

23  than $500,000 and maintains a funded, unearned premium reserve

24  account consisting of unencumbered assets equal to a minimum

25  of 40 percent of the gross written premiums received by it

26  from all warranty contracts in force which shall be held in

27  the form of cash or invested in securities for investments as

28  provided in part II of chapter 625.

29         (3)  In computing the net asset requirement, goodwill;

30  franchises; customer lists; patents or trademarks; receivables

31  from or advances to officers, directors, employees,

                                  21

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  salespersons, or affiliated companies; and assets deposited

  2  outside the United States shall be deducted from the net

  3  assets of the association.

  4         (3)(4)  An association shall not be required to set up

  5  an unearned premium reserve if it has purchased contractual

  6  liability insurance which demonstrates to the satisfaction of

  7  the department that 100 percent of its claim exposure is

  8  covered by such insurance.  Such contractual liability

  9  insurance shall be obtained from an insurer that holds a

10  certificate of authority to do business within the state or

11  from an insurer approved by the department as financially

12  capable of meeting the obligations incurred pursuant to the

13  policy.  For purposes of this subsection, the contractual

14  liability policy shall contain the following provisions:

15         (a)  In the event that the home warranty association is

16  unable to fulfill its obligation under its contracts issued in

17  this state for any reason, including insolvency, bankruptcy,

18  or dissolution, the contractual liability insurer will pay

19  losses and unearned premiums under such plans directly to

20  persons making claims under such contracts.

21         (b)  The insurer issuing the policy shall assume full

22  responsibility for the administration of claims in the event

23  of the inability of the association to do so.

24         (c)  The policy may not be canceled or not renewed by

25  either the insurer or the association unless 60 days' written

26  notice thereof has been given to the department by the insurer

27  before the date of such cancellation or nonrenewal.

28         (4)(5)  An association that purchases contractual

29  liability insurance on the warranties that it issues shall

30  provide the department with claim statistics required to be

31  filed by associations not purchasing such insurance.

                                  22

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         Section 17.  Section 634.3078, Florida Statutes, is

  2  created to read:

  3         634.3078  Assets and liabilities.--

  4         (1)  ASSETS.--In any determination of the financial

  5  condition of a home warranty association, there shall be

  6  allowed as assets only those assets that are owned by the home

  7  warranty association company and which assets consist of:

  8         (a)  Cash in the possession of the home warranty

  9  association, or in transit under its control, including the

10  true balance of any deposit in a solvent bank, savings and

11  loan association, or trust company which is domiciled in the

12  United States.

13         (b)  Investments, securities, properties, and loans

14  acquired or held in accordance with this part, and in

15  connection therewith the following items:

16         1.  Interest due or accrued on any bond or evidence of

17  indebtedness which is not in default and which is not valued

18  on a basis including accrued interest.

19         2.  Declared and unpaid dividends on stock and shares,

20  unless the amount of the dividends has otherwise been allowed

21  as an asset.

22         3.  Interest due or accrued upon a collateral loan

23  which is not in default in an amount not to exceed 1 year's

24  interest thereon.

25         4.  Interest due or accrued on deposits or certificates

26  of deposit in solvent banks, savings and loan associations,

27  and trust companies domiciled in the United States, and

28  interest due or accrued on other assets, if such interest is

29  in the judgment of the department a collectible asset.

30         5.  Interest due or accrued on current mortgage loans,

31  in an amount not exceeding in any event the amount, if any, of

                                  23

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  the excess of the value of the property less delinquent taxes

  2  thereon over the unpaid principal; but in no event shall

  3  interest accrued for a period in excess of 90 days be allowed

  4  as an asset.

  5         6.  Rent due or accrued on real property if such rent

  6  is not in arrears for more than 3 months. However, in no event

  7  shall rent accrued for a period in excess of 90 days be

  8  allowed as an asset.

  9         7.  The unaccrued portion of taxes paid prior to the

10  due date on real property.

11         (c)  Furniture, fixtures, furnishings, vehicles, and

12  equipment, if the original cost of each item is at least $200,

13  which cost shall be amortized in full over a period not to

14  exceed 5 calendar years, unless otherwise approved by the

15  department.

16         (d)  Part inventories maintained for the purpose of

17  servicing products warranted. Part inventories must be listed

18  at cost. Home warranty associations companies are required to

19  maintain records to support valuation of part inventories.

20         (e)  The liquidation value or prepaid expenses.

21         (f)  Other assets or receivables, not inconsistent with

22  the provisions of this section, deemed by the department to be

23  available for the payment of losses and claims, at values to

24  be determined by the department.

25

26  The department, upon determining that a home warranty

27  association's asset has not been evaluated according to

28  applicable law or that it does not qualify as an asset, shall

29  require the home warranty association to properly reevaluate

30  the asset or replace the asset with an asset suitable to the

31  department within 30 days of written notification by the

                                  24

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  department of this determination, if the removal of the asset

  2  from the organization's assets would impair the company's

  3  solvency.

  4         (2)  ASSETS NOT ALLOWED.--In addition to assets

  5  impliedly excluded by the provisions of subsection (1), the

  6  following assets expressly shall not be allowed as assets in

  7  any determination of the financial condition of a home

  8  warranty association:

  9         (a)  Goodwill, agreement holder lists, patents, trade

10  names, agreements not to compete, and other like intangible

11  assets.

12         (b)  Any note or account receivable from or advances to

13  officers, directors, or controlling stockholders, whether

14  secured or not, and advances to employees, agents, or other

15  persons on personal security only.

16         (c)  Stock of the home warranty association owned by it

17  directly or owned by it through any entity in which the

18  organization owns or controls, directly or indirectly, more

19  than 25 percent of the ownership interest.

20         (d)  Leasehold improvements, stationery, and

21  literature, except that leasehold improvements made prior to

22  October 1, 2001, shall be allowed as an asset and shall be

23  amortized over the shortest of the following periods:

24         1.  The life of the lease.

25         2.  The useful life of the improvements.

26         3.  The 3-year period following October 1, 2001.

27         (e)  Furniture, fixtures, furnishings, vehicles, and

28  equipment, other than those items authorized under paragraph

29  (1)(c).

30         (f)  Notes or other evidences of indebtedness which are

31  secured by mortgages or deeds of trust which are in default

                                  25

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  and beyond the express period specified in the instrument for

  2  curing the default.

  3         (g)  Bonds in default for more than 60 days.

  4         (h)  Deferred costs other than the liquidation value of

  5  prepaid expenses except for those companies that reserve 100

  6  percent of gross written premium.

  7         (i)  Any note, account receivable, advance, or other

  8  evidence of indebtedness, or investment in:

  9         1.  The parent of the home warranty association;

10         2.  Any entity directly or indirectly controlled by the

11  home warranty association's parent;

12         3.  An affiliate of the parent or the home warranty

13  association; or

14         4.  Officers, directors, shareholders, employees, or

15  salespersons of the home warranty association; however,

16  premium receivables under 45 days old may be considered an

17  admitted asset.

18

19  The department may, however, allow all or a portion of such

20  asset, at values to be determined by the department, if deemed

21  by the department to be available for the payment of losses

22  and claims.

23         (3)  LIABILITIES.--In any determination of the

24  financial condition of a home warranty association,

25  liabilities to be charged against its assets shall include,

26  but not be limited to:

27         (a)  The amount, in conformity with generally accepted

28  accounting principles, necessary to pay all of its unpaid

29  losses and claims incurred for or on behalf of an agreement

30  holder, on or prior to the end of the reporting period,

31  whether reported or unreported.

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         (b)  Taxes, expenses, and other obligations due or

  2  accrued at the date of the statement.

  3         (c)  Reserve for unearned premiums.

  4

  5  The department, upon determining that the home warranty

  6  association has failed to report liabilities that should have

  7  been reported, shall require a correct report which reflects

  8  the proper liabilities to be submitted by the home warranty

  9  association to the department within 10 working days of

10  receipt of written notification.

11         Section 18.  Subsection (5) is added to section

12  634.313, Florida Statutes, to read:

13         634.313  Tax on premiums; annual statement; reports.--

14         (5)  The department may by rule require each home

15  warranty association to submit to the department, as the

16  department may designate, all or part of the information

17  contained in the financial reports required by this section in

18  a computer-readable form compatible with the electronic data

19  processing system specified by the department.

20         Section 19.  Section 634.318, Florida Statutes, is

21  amended to read:

22         634.318  License and appointment of sales

23  representatives.--Sales representatives for home warranty

24  associations and insurers shall be licensed, appointed,

25  renewed, continued, reinstated, or terminated in the same

26  manner as prescribed in chapter 626 for insurance

27  representatives in general, except they shall be exempt from

28  the fingerprinting, photo identification card, education, and

29  examination provisions. License, appointment, and other fees

30  shall be those as prescribed in s. 624.501.  No employee or

31  sales representative of a home warranty association or insurer

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  may directly or indirectly solicit or negotiate insurance

  2  contracts, or hold herself or himself out in any manner to be

  3  an insurance agent or solicitor, unless so qualified,

  4  licensed, and appointed therefor under the insurance code. A

  5  home warranty association is not required to be licensed as a

  6  sales representative to solicit, sell, issue, or otherwise

  7  transact the home warranty agreements issued by the home

  8  warranty association.

  9         Section 20.  Section 634.331, Florida Statutes, is

10  amended to read:

11         634.331  Coverage of property for sale.--A home

12  warranty may provide coverage of residential property during

13  the listing period of such property for a period not to exceed

14  12 months, provided that the home warranty company charges the

15  warranty purchaser a separately identifiable charge for the

16  listing list period coverage in an amount equal to at least 15

17  percent of the annual premium charged for the home warranty

18  and the charge for such coverage is due at the earlier of the

19  end of the listing period or the date the sale of the

20  residential property is closed.

21         Section 21.  Subsection (9) is added to section

22  634.336, Florida Statutes, to read:

23         634.336  Unfair methods of competition and unfair or

24  deceptive acts or practices defined.--The following methods,

25  acts, or practices are defined as unfair methods of

26  competition and unfair or deceptive acts or practices:

27         (9)  FREE HOME WARRANTIES PROHIBITED.--

28         (a)  Advertising, offering, or providing a free home

29  warranty as an inducement to the purchase or sale of real or

30  personal property or of services directly or indirectly

31  connected with such real or personal property.

                                  28

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         (b)  For the purposes of this subsection, a "free" home

  2  warranty is:

  3         1.  A home warranty for which no identifiable and

  4  additional charge is made to the purchaser of such real

  5  property, personal property, or services.

  6         2.  A home warranty for which an identifiable or

  7  additional charge is made in an amount less than the cost of

  8  such home warranty as to the seller or other person, other

  9  than the home warranty association, providing the same, except

10  that this provision does not apply to home warranty coverage

11  provided during the listing period of a home.

12         3.  Using the word "free" or words which imply the

13  provision of a home warranty without a cost in connection with

14  the advertising or offering for sale of any kind of goods,

15  merchandise, or services.

16         Section 22.  Subsection (6) is added to section

17  634.415, Florida Statutes, to read:

18         634.415  Tax on premiums; annual statement; reports;

19  quarterly statements.--

20         (6)  The department may by rule require each service

21  warranty association to submit to the department, as the

22  department may designate, all or part of the information

23  contained in the financial statements and reports required by

24  this section in a computer-readable form compatible with the

25  electronic data processing system specified by the department.

26         Section 23.  Section 634.419, Florida Statutes, is

27  amended to read:

28         634.419  License and appointment required.--No person

29  or entity shall solicit, negotiate, advertise, or effectuate

30  service warranty contracts in this state unless such person or

31  entity is licensed and appointed as a sales representative.

                                  29

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1  Sales representatives shall be responsible for the actions of

  2  persons under their supervision.  However, a service warranty

  3  association licensed as such under this part shall not be

  4  required to be licensed and appointed as a sales

  5  representative to advertise, solicit, sell, or issue its

  6  products.

  7         Section 24.  Subsection (8) is added to section

  8  634.436, Florida Statutes, to read:

  9         634.436  Unfair methods of competition and unfair or

10  deceptive acts or practices defined.--The following methods,

11  acts, or practices are defined as unfair methods of

12  competition and unfair or deceptive acts or practices:

13         (8)  FREE SERVICE WARRANTIES.--

14         (a)  Advertising, offering, or providing a free service

15  warranty as an inducement to the purchase or sale of real or

16  personal property or of services directly or indirectly

17  connected with such real or personal property.

18         (b)  For the purposes of this subsection, a "free"

19  service warranty is:

20         1.  A service warranty for which no identifiable and

21  additional charge is made to the purchaser of such real

22  property, personal property, or services.

23         2.  A service warranty for which an identifiable or

24  additional charge is made in an amount less than the cost of

25  such service warranty as to the seller or other person, other

26  than the service warranty association, providing the same.

27         3.  Using the word "free" or words which imply the

28  provision of a service warranty without a cost in connection

29  with the advertising or offering for sale of any kind of

30  goods, merchandise, or services.

31

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         Section 25.  Section 624.124, Florida Statutes, is

  2  amended to read:

  3         624.124  Motor vehicle services; exemption from

  4  code.--Any person may, in exchange for fees, dues, charges, or

  5  other consideration, provide any of the following services

  6  related to the ownership, operation, use, or maintenance of a

  7  motor vehicle without being deemed an insurer and without

  8  being subject to the provisions of this code:

  9         (1)  Towing service.

10         (2)  Procuring from an insurer group coverage for bail

11  and arrest bonds or for accidental death and dismemberment.

12         (3)  Emergency service.

13         (4)  Procuring prepaid legal services, or providing

14  reimbursement for legal services, except that this shall not

15  be deemed to be an exemption from chapter 642.

16         (5)  Offering assistance in locating or recovering

17  stolen or missing motor vehicles.

18         (6)  Paying emergency living and transportation

19  expenses of the owner of a motor vehicle when the motor

20  vehicle is damaged.

21

22  For purposes of this section, "motor vehicle" has the same

23  meaning specified by s. 634.011(7)(6).

24         Section 26.  Subsection (1) of section 628.4615,

25  Florida Statutes, is amended to read:

26         628.4615  Specialty insurers; acquisition of

27  controlling stock, ownership interest, assets, or control;

28  merger or consolidation.--

29         (1)  For the purposes of this section, the term

30  "specialty insurer" means any person holding a license or

31  certificate of authority as:

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         (a)  A motor vehicle service agreement company

  2  authorized to issue motor vehicle service agreements as those

  3  terms are defined in s. 634.011(8)(7) and (9)(8);

  4         (b)  A home warranty association authorized to issue

  5  "home warranties" as those terms are defined in s. 634.301(4)

  6  and (5);

  7         (c)  A service warranty association authorized to issue

  8  "service warranties" as those terms are defined in s.

  9  634.401(14) and (15);

10         (d)  An optometric service plan corporation authorized

11  to issue optometric service plan contracts as those terms are

12  defined in s. 637.001(2) and (3);

13         (e)  A pharmaceutical service plan corporation

14  authorized to issue pharmaceutical service plan contracts as

15  those terms are defined in s. 637.1701(2) and (3);

16         (f)  A dental service plan corporation licensed to

17  issue contracts for dental services pursuant to a dental

18  service plan as that term is defined in s. 637.401(1);

19         (g)  An ambulance service association authorized to

20  issue ambulance service contracts as those terms are defined

21  in s. 638.021(1) and (2);

22         (h)  An authorized health maintenance organization

23  operating pursuant to s. 641.21;

24         (i)  An authorized prepaid health clinic operating

25  pursuant to s. 641.405;

26         (j)  A legal expense insurance corporation authorized

27  to engage in a legal expense insurance business pursuant to s.

28  642.021;

29         (k)  A provider which is licensed to operate a facility

30  which undertakes to provide continuing care as those terms are

31  defined in s. 651.011(2), (5), (6), and (7);

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    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1         (l)  A multiple-employer welfare arrangement operating

  2  pursuant to ss. 624.436-624.446;

  3         (m)  A premium finance company authorized to finance

  4  insurance premiums pursuant to s. 627.828; or

  5         (n)  A corporation authorized to accept donor annuity

  6  agreements pursuant to s. 627.481.

  7         Section 27.  This act shall take effect upon becoming a

  8  law.

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






    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Revises and creates various provisions within pt. I of
  4    ch. 634, F.S., relating to motor vehicle service
      agreement companies. Defines "additive product" and
  5    revises the definitions of "motor vehicle service
      agreement" and "salesperson." Includes part inventories
  6    among the allowable assets of a motor vehicle service
      agreement company. Provides for submission of financial
  7    reports to the Department of Insurance in a
      computer-readable form. Provides that a motor vehicle
  8    service agreement company is not required to be licensed
      as a salesperson to solicit, sell, issue, or otherwise
  9    transact the motor vehicle service agreements issued by
      the company. Repeals provisions which require motor
10    vehicle service agreement companies and their
      salespersons to be subject to pt. X of ch. 626, F.S.,
11    relating to viatical settlements. Prohibits engaging in
      unfair or deceptive acts or practices involving the
12    business of motor vehicle service agreements and defines
      such acts and practices. Requires vendors and lenders to
13    separately state and identify the amount charged and to
      be paid for a motor vehicle service agreement. Provides
14    investigative power of the Department of Insurance.
      Authorizes the department to conduct hearings with
15    respect to specified prohibited practices. Provides a
      fine for failure to comply with a subpoena or an order
16    directing discovery. Provides for the issuance of cease
      and desist orders by the department. Provides specified
17    penalties.  Provides for appeals of orders of the
      department. Provides penalties for violation of a cease
18    and desist order of the department.

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      With respect to pt. II of ch. 634, F.S., relating to home
20    warranty associations, revises the definition of "home
      warranty." Eliminates specified assets to be deducted in
21    computing the net asset requirements of a home warranty
      association. Specifies allowable assets and liabilities
22    with respect to the determination of the financial
      condition of a service warranty association. Provides for
23    submission of financial reports to the Department of
      Insurance in a computer-readable form. Provides that a
24    home warranty association is not required to be licensed
      as a salesperson to solicit, sell, issue, or otherwise
25    transact the home warranty agreements issued by the
      association. Includes advertising, offering, or providing
26    a free home warranty as an inducement to specified
      purchases or sales among acts or practices which
27    constitute unfair methods of competition and unfair or
      deceptive acts or practices.
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29    With respect to pt. III of ch. 634, F.S., relating to
      service warranty associations, provides for submission of
30    statements and reports to the Department of Insurance in
      a computer-readable form. Provides that a service
31    warranty association is not required to be licensed as a
      sales representative to solicit, sell, or issue service
                                  34

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






    Florida Senate - 2001                                  SB 2240
    39-871A-01                                         See HB 1787




  1    warranty agreements issued by the association. Includes
      advertising, offering, or providing a free service
  2    warranty as an inducement to specified purchases or sales
      among acts or practices which constitute unfair methods
  3    of competition and unfair or deceptive acts or practices.

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