| 1 | A bill to be entitled |
| 2 | An act relating to service warranty associations; amending |
| 3 | s. 634.406, F.S.; providing certain circumstances under |
| 4 | which a service warranty association is not required to |
| 5 | establish unearned premium reserve or maintain contractual |
| 6 | liability insurance and may allow its premiums to exceed a |
| 7 | certain limit; providing criteria; providing an effective |
| 8 | date. |
| 9 |
|
| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
|
| 12 | Section 1. Subsection (8) is added to section 634.406, |
| 13 | Florida Statutes, to read: |
| 14 | 634.406 Financial requirements.-- |
| 15 | (8) An association licensed under this part is not |
| 16 | required to establish an unearned premium reserve or maintain |
| 17 | contractual liability insurance and may allow its premiums to |
| 18 | exceed the ratio to net assets limitation of this section if the |
| 19 | association is a wholly owned subsidiary of a parent corporation |
| 20 | which satisfies the following or the association satisfies the |
| 21 | following: |
| 22 | (a) Is listed and traded on a recognized stock exchange, |
| 23 | is listed in the National Association of Security Dealers |
| 24 | Automated Quotation system and publicly traded in the over-the- |
| 25 | counter securities markets, is required to file Form 10-K, Form |
| 26 | 10-Q, or Form 20-G with the United States Securities and |
| 27 | Exchange Commission, or whose American Depository Receipts are |
| 28 | listed on a recognized stock exchange and are publicly traded; |
| 29 | (b) Maintains outstanding debt obligations, if any, rated |
| 30 | in the top four rating categories by a recognized rating |
| 31 | service; |
| 32 | (c) Has, and maintains at all times, a minimum net worth |
| 33 | of at least $100,000,000 as evidenced by certified financial |
| 34 | statements prepared by an independent certified public |
| 35 | accountant in accordance with generally accepted accounting |
| 36 | principles; and |
| 37 | (d) Is authorized to do business in this state. |
| 38 | Section 2. This act shall take effect upon becoming a law. |