Senate Bill sb2278

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2278

    By Senator Atwater





    25-1338A-03                                         See HB 769

  1                      A bill to be entitled

  2         An act relating to motor vehicle service

  3         agreements; amending s. 634.011, F.S.; revising

  4         criteria within a definition of a motor vehicle

  5         service agreement relating to preestablished

  6         flat amounts; providing a limitation; amending

  7         s. 634.121, F.S.; providing for disapproval of

  8         certain service agreement forms for not

  9         indicating the preestablished flat amount

10         payable under the agreement; providing an

11         effective date.

12  

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

14  

15         Section 1.  Paragraph (b) of subsection (8) of section

16  634.011, Florida Statutes, is amended to read:

17         634.011  Definitions.--As used in this part, the term:

18         (8)  "Motor vehicle service agreement" or "service

19  agreement" means any contract or agreement indemnifying the

20  service agreement holder for the motor vehicle listed on the

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

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

23  any mechanical or other component part, or any mechanical or

24  other component part that does not function as it was

25  originally intended; however, nothing in this part shall

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

27  performance guarantees by manufacturers or dealers in

28  connection with the sale of motor vehicles. Transactions

29  exempt under s. 624.125 are expressly excluded from this

30  definition and are exempt from the provisions of this part.

31  

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






    Florida Senate - 2003                                  SB 2278
    25-1338A-03                                         See HB 769




 1  The term "motor vehicle service agreement" includes any

 2  contract or agreement that provides:

 3         (b)  For payment of vehicle protection expenses.

 4         1.a.  "Vehicle protection expenses" means a

 5  preestablished flat amount payable for the loss of or damage

 6  to a vehicle or expenses incurred by the service agreement

 7  holder for loss or damage to a covered vehicle, including, but

 8  not limited to, applicable deductibles under a motor vehicle

 9  insurance policy; temporary vehicle rental expenses; expenses

10  for a replacement vehicle that is at least the same year,

11  make, and model of the stolen motor vehicle; sales taxes or

12  registration fees for a replacement vehicle that is at least

13  the same year, make, and model of the stolen vehicle; or other

14  incidental expenses specified in the agreement.

15         b.  "Vehicle protection product" means a product or

16  system installed or applied to a motor vehicle or designed to

17  prevent the theft of the motor vehicle or assist in the

18  recovery of the stolen motor vehicle.

19         2.  Vehicle protection expenses shall be payable in the

20  event of loss or damage to the vehicle as a result of the

21  failure of the vehicle protection product to prevent the theft

22  of the motor vehicle or to assist in the recovery of the

23  stolen motor vehicle. Vehicle protection expenses covered

24  under the agreement shall be clearly stated in the service

25  agreement form, unless the agreement provides for the payment

26  of a preestablished flat amount, in which case the service

27  agreement form shall clearly identify such amount.

28         3.  Motor vehicle service agreements providing for the

29  payment of vehicle protection expenses shall either:

30         a.  Reimburse a service agreement holder for the

31  following expenses, at a minimum: deductibles applicable to

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






    Florida Senate - 2003                                  SB 2278
    25-1338A-03                                         See HB 769




 1  comprehensive coverage under the service agreement holder's

 2  motor vehicle insurance policy; temporary vehicle rental

 3  expenses; sales taxes and registration fees on a replacement

 4  vehicle that is at least the same year, make, and model of the

 5  stolen motor vehicle; and the difference between the benefits

 6  paid to the service agreement holder for the stolen vehicle

 7  under the service agreement holder's comprehensive coverage

 8  and the actual cost of a replacement vehicle that is at least

 9  the same year, make, and model of the stolen motor vehicle; or

10         b.  Pay a preestablished flat amount to the service

11  agreement holder.

12  

13  Payments shall not duplicate any benefits or expenses paid to

14  the service agreement holder by the insurer providing

15  comprehensive coverage under a motor vehicle insurance policy

16  covering the stolen motor vehicle; however, the payment of

17  vehicle protection expenses at a preestablished flat amount of

18  $7,500 or less does not duplicate any benefits or expenses

19  payable under any comprehensive motor vehicle insurance

20  policy.

21         Section 2.  Paragraph (c) of subsection (1) of section

22  634.121, Florida Statutes, is amended to read:

23         634.121  Filing of forms, required procedures,

24  provisions.--

25         (1)  A service agreement form or related form may not

26  be issued or used in this state unless it has been filed with

27  and approved by the department. Upon application for a

28  license, the department shall require the applicant to submit

29  for approval each brochure, pamphlet, circular, form letter,

30  advertisement, or other sales literature or advertising

31  communication addressed or intended for distribution. The

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






    Florida Senate - 2003                                  SB 2278
    25-1338A-03                                         See HB 769




 1  department shall disapprove any document which is untrue,

 2  deceptive, or misleading or which contains misrepresentations

 3  or omissions of material facts.

 4         (c)  The department shall disapprove any service

 5  agreement form providing vehicle protection expenses which

 6  does not clearly either indicate the method for calculating

 7  the benefit to be paid or provided to the service agreement

 8  holder or the preestablished flat amount payable pursuant to

 9  the terms of the service agreement. All service agreement

10  forms providing vehicle protection expenses shall clearly

11  indicate the term of the service agreement, whether new or

12  used cars are eligible for the vehicle protection product, and

13  that the service agreement holder may not make any claim

14  against the Florida Insurance Guarantee Association for

15  vehicle protection expenses. The service agreement shall be

16  provided to a service agreement holder on a form that provides

17  only vehicle protection expenses. A service agreement form

18  providing vehicle protection expenses must state that the

19  service agreement holder must have in force at the time of

20  loss comprehensive motor vehicle insurance coverage as a

21  condition precedent to requesting payment of vehicle

22  protection expenses.

23         Section 3.  This act shall take effect upon becoming a

24  law.

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