HB 1433

1
A bill to be entitled
2An act relating to warranty associations; creating s.
3634.1815, F.S.; providing conditions under which a
4salesperson of a motor vehicle service agreement company
5may rebate his or her commission; creating s. 634.3205,
6F.S.; providing conditions under which a sales
7representative of a home warranty association may rebate
8his or her commission; amending s. 634.406, F.S.; providing
9conditions under which a service warranty association is
10exempt from certain premium reserve and liability insurance
11requirements and may allow premiums to exceed certain
12limits; creating s. 634.4225, F.S.; providing conditions
13under which a sales representative of a service warranty
14association may rebate his or her commission; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 634.1815, Florida Statutes, is created
20to read:
21     634.1815  Rebating; when allowed.--
22     (1)  No salesperson shall rebate any portion of his or her
23commission except as follows:
24     (a)  The rebate shall be available to all consumers in the
25same actuarial class.
26     (b)  The rebate shall be in accordance with a rebating
27schedule filed by the salesperson with the service agreement
28company issuing the service agreement to which the rebate
29applies. The service agreement company shall maintain a copy of
30all rebating schedules for a period of 3 years.
31     (c)  The rebating schedule shall be uniformly applied so
32all consumers who purchase the same service agreement through
33the salesperson for the same coverage shall receive the same
34percentage rebate.
35     (d)  The rebate schedule shall be prominently displayed in
36public view in the salesperson's place of business, and a copy
37shall be made available to consumers on request at no charge.
38     (e)  The age, sex, place of residence, race, nationality,
39ethnic origin, marital status, or occupation of the consumer
40shall not be used in determining the percentage of the rebate or
41whether a rebate is available.
42     (2)  No rebate shall be withheld or limited in amount based
43on factors which are unfairly discriminatory.
44     (3)  No rebate shall be given which is not reflected on the
45rebate schedule.
46     (4)  No rebate shall be refused or granted based upon the
47purchase of or failure to purchase collateral business.
48     Section 2.  Section 634.3205, Florida Statutes, is created
49to read:
50     634.3205  Rebating; when allowed.--
51     (1)  No sales representative shall rebate any portion of
52his or her commission except as follows:
53     (a)  The rebate shall be available to all consumers in the
54same actuarial class.
55     (b)  The rebate shall be in accordance with a rebating
56schedule filed by the sales representative with the home
57warranty association issuing the home warranty to which the
58rebate applies. The home warranty association shall maintain a
59copy of all rebating schedules for a period of 3 years.
60     (c)  The rebating schedule shall be uniformly applied so
61all consumers who purchase the same home warranty through the
62sales representative for the same coverage shall receive the
63same percentage rebate.
64     (d)  The rebate schedule shall be prominently displayed in
65public view in the sales representative's place of business, and
66a copy shall be made available to consumers on request at no
67charge.
68     (e)  The age, sex, place of residence, race, nationality,
69ethnic origin, marital status, or occupation of the consumer
70shall not be used in determining the percentage of the rebate or
71whether a rebate is available.
72     (2)  No rebate shall be withheld or limited in amount based
73on factors which are unfairly discriminatory.
74     (3)  No rebate shall be given which is not reflected on the
75rebate schedule.
76     (4)  No rebate shall be refused or granted based upon the
77purchase of or failure to purchase collateral business.
78     Section 3.  Subsection (8) is added to section 634.406,
79Florida Statutes, to read:
80     634.406  Financial requirements.--
81     (8)  An association licensed under this part and holding no
82other license under part I or part II of this chapter is not
83required to establish an unearned premium reserve or maintain
84contractual liability insurance and may allow its premiums to
85exceed the ratio to net assets limitation of this section if the
86association complies with the following:
87     (a)  The association or, if the association is a direct or
88indirect wholly owned subsidiary of a parent corporation, its
89parent corporation has, and maintains at all times, a minimum
90net worth of at least $100 million and provides the office with
91the following:
92     1.  A copy of the association's annual audited financial
93statements or the audited consolidated financial statements of
94the association's parent corporation, prepared by an independent
95certified public accountant in accordance with generally
96accepted accounting principles, which clearly demonstrate the
97net worth of the association or its parent corporation to be
98$100 million and a quarterly written certification to the office
99that such entity continues to maintain the net worth required
100under this paragraph.
101     2.  The association's, or its parent corporation's, Form
10210K, Form 10Q, or Form 20F as filed with the United States
103Securities and Exchange Commission or such other documents
104required to be filed with a recognized stock exchange, which
105shall be provided on a quarterly and annual basis within 10 days
106after the last date each such report must be filed with the
107Securities and Exchange Commission, the National Association of
108Security Dealers Automated Quotation system, or other recognized
109stock exchange.
110
111Failure to timely file the documents required under this
112paragraph may, at the discretion of the office, subject the
113association to suspension or revocation of its license under
114this part. An association or parent corporation demonstrating
115compliance with subparagraph 1. and subparagraph 2. must
116maintain outstanding debt obligations, if any, rated in the top
117four rating categories by a recognized rating service.
118     (b)  If the net worth of a parent corporation is used to
119satisfy the net worth provisions of paragraph (a), the following
120provisions must be met:
121     1.  The parent corporation must guarantee all service
122warranty obligations of the association, wherever written, on a
123form approved in advance by the office. No cancellation,
124termination, or modification of the guarantee shall become
125effective unless the parent corporation provides the office
126written notice at least 90 days before the effective date of the
127cancellation, termination, or modification and the office
128approves the request in writing. Prior to the effective date of
129cancellation, termination, or modification of the guarantee, the
130association must demonstrate to the satisfaction of the office
131compliance with all applicable provisions of this part,
132including whether the association will meet the requirements of
133this section by the purchase of contractual liability insurance,
134establishing required reserves, or other method allowed under
135this section. If the association or parent corporation does not
136demonstrate to the satisfaction of the office compliance with
137all applicable provisions of this part, it shall immediately
138cease writing new and renewal business upon the effective date
139of the cancellation, termination, or modification.
140     2.  The association must maintain at all times net assets
141of at least $750,000.
142     Section 4.  Section 634.4225, Florida Statutes, is created
143to read:
144     634.4225  Rebating; when allowed.--
145     (1)  No sales representative shall rebate any portion of
146his or her commission except as follows:
147     (a)  The rebate shall be available to all consumers in the
148same actuarial class.
149     (b)  The rebate shall be in accordance with a rebating
150schedule filed by the sales representative with the association
151issuing the service warranty to which the rebate applies. The
152association shall maintain a copy of all rebating schedules for
153a period of 3 years.
154     (c)  The rebating schedule shall be uniformly applied so
155all consumers who purchase the same service warranty through the
156sales representative for the same coverage shall receive the
157same percentage rebate.
158     (d)  The rebate schedule shall be prominently displayed in
159public view in the sales representative's place of business, and
160a copy shall be made available to consumers on request at no
161charge.
162     (e)  The age, sex, place of residence, race, nationality,
163ethnic origin, marital status, or occupation of the consumer
164shall not be used in determining the percentage of the rebate or
165whether a rebate is available.
166     (2)  No rebate shall be withheld or limited in amount based
167on factors which are unfairly discriminatory.
168     (3)  No rebate shall be given which is not reflected on the
169rebate schedule.
170     (4)  No rebate shall be refused or granted based upon the
171purchase of or failure to purchase collateral business.
172     Section 5.  This act shall take effect upon becoming a law.


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