Senate Bill sb2414

    Florida Senate - 2003                                  SB 2414

    By Senator Diaz de la Portilla





    36-1013A-03                                         See HB 721

  1                      A bill to be entitled

  2         An act relating to warranty association

  3         regulation; amending ss. 634.031, 634.303, and

  4         634.403, F.S.; exempting affiliates of insurers

  5         from provisions regulating certain warranty

  6         associations, under certain circumstances;

  7         providing for nonapplication of the exemptions

  8         under certain circumstances; providing an

  9         effective date.

10  

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

12  

13         Section 1.  Subsection (5) is added to section 634.031,

14  Florida Statutes, to read:

15         634.031  License required.--

16         (5)  Any person that is an affiliate of a domestic

17  insurer as defined in chapter 624 is exempt from application

18  of this part if the person does not issue, or market or cause

19  to be marketed, motor vehicle service agreements to residents

20  of this state and does not administer motor vehicle service

21  agreements that were originally issued to residents of this

22  state. If the department determines, after notice and

23  opportunity for a hearing, that a person's intentional

24  business practices do not comply with any of the exemption

25  requirements of this subsection, the person shall be subject

26  to this part.

27         Section 2.  Subsection (3) is added to section 634.303,

28  Florida Statutes, to read:

29         634.303  License required.--

30         (3)  Any person that is an affiliate of a domestic

31  insurer as defined in chapter 624 is exempt from application

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






    Florida Senate - 2003                                  SB 2414
    36-1013A-03                                         See HB 721




 1  of this part if the person does not issue, or market or cause

 2  to be marketed, home warranties to residents of this state and

 3  does not administer home warranties that were originally

 4  issued to residents of this state. If the department

 5  determines, after notice and opportunity for a hearing, that a

 6  person's intentional business practices do not comply with any

 7  of the exemption requirements of this subsection, the person

 8  shall be subject to this part.

 9         Section 3.  Subsection (4) is added to section 634.403,

10  Florida Statutes, to read:

11         634.403  License required.--

12         (4)  Any person that is an affiliate of a domestic

13  insurer as defined in chapter 624 is exempt from application

14  of this part if the person does not issue, or market or cause

15  to be marketed, service warranties to residents of this state

16  and does not administer service warranties that were

17  originally issued to residents of this state. If the

18  department determines, after notice and opportunity for a

19  hearing, that a person's intentional business practices do not

20  comply with any of the exemption requirements of this

21  subsection, the person shall be subject to this part.

22         Section 4.  This act shall take effect upon becoming a

23  law.

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