HB 1433

1
A bill to be entitled
2An act relating to service warranty associations; amending
3s. 634.406, F.S.; providing certain circumstances under
4which a service warranty association is not required to
5establish unearned premium reserve or maintain contractual
6liability insurance and may allow its premiums to exceed a
7certain limit; providing criteria; providing an effective
8date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (8) is added to section 634.406,
13Florida Statutes, to read:
14     634.406  Financial requirements.--
15     (8)  An association licensed under this part is not
16required to establish an unearned premium reserve or maintain
17contractual liability insurance and may allow its premiums to
18exceed the ratio to net assets limitation of this section if the
19association is a wholly owned subsidiary of a parent corporation
20which satisfies the following or the association satisfies the
21following:
22     (a)  Is listed and traded on a recognized stock exchange,
23is listed in the National Association of Security Dealers
24Automated Quotation system and publicly traded in the over-the-
25counter securities markets, is required to file Form 10-K, Form
2610-Q, or Form 20-G with the United States Securities and
27Exchange Commission, or whose American Depository Receipts are
28listed on a recognized stock exchange and are publicly traded;
29     (b)  Maintains outstanding debt obligations, if any, rated
30in the top four rating categories by a recognized rating
31service;
32     (c)  Has, and maintains at all times, a minimum net worth
33of at least $100,000,000 as evidenced by certified financial
34statements prepared by an independent certified public
35accountant in accordance with generally accepted accounting
36principles; and
37     (d)  Is authorized to do business in this state.
38     Section 2.  This act shall take effect upon becoming a law.


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