1 | A bill to be entitled |
2 | An act relating to warranty associations; creating s. |
3 | 634.1815, F.S.; providing conditions under which a |
4 | salesperson of a motor vehicle service agreement company |
5 | may rebate his or her commission; creating s. 634.3205, |
6 | F.S.; providing conditions under which a sales |
7 | representative of a home warranty association may rebate |
8 | his or her commission; amending s. 634.406, F.S.; providing |
9 | conditions under which a service warranty association is |
10 | exempt from certain premium reserve and liability insurance |
11 | requirements and may allow premiums to exceed certain |
12 | limits; creating s. 634.4225, F.S.; providing conditions |
13 | under which a sales representative of a service warranty |
14 | association may rebate his or her commission; providing an |
15 | effective date. |
16 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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19 | Section 1. Section 634.1815, Florida Statutes, is created |
20 | to read: |
21 | 634.1815 Rebating; when allowed.-- |
22 | (1) No salesperson shall rebate any portion of his or her |
23 | commission except as follows: |
24 | (a) The rebate shall be available to all consumers in the |
25 | same actuarial class. |
26 | (b) The rebate shall be in accordance with a rebating |
27 | schedule filed by the salesperson with the service agreement |
28 | company issuing the service agreement to which the rebate |
29 | applies. The service agreement company shall maintain a copy of |
30 | all rebating schedules for a period of 3 years. |
31 | (c) The rebating schedule shall be uniformly applied so |
32 | all consumers who purchase the same service agreement through |
33 | the salesperson for the same coverage shall receive the same |
34 | percentage rebate. |
35 | (d) The rebate schedule shall be prominently displayed in |
36 | public view in the salesperson's place of business, and a copy |
37 | shall be made available to consumers on request at no charge. |
38 | (e) The age, sex, place of residence, race, nationality, |
39 | ethnic origin, marital status, or occupation of the consumer |
40 | shall not be used in determining the percentage of the rebate or |
41 | whether a rebate is available. |
42 | (2) No rebate shall be withheld or limited in amount based |
43 | on factors which are unfairly discriminatory. |
44 | (3) No rebate shall be given which is not reflected on the |
45 | rebate schedule. |
46 | (4) No rebate shall be refused or granted based upon the |
47 | purchase of or failure to purchase collateral business. |
48 | Section 2. Section 634.3205, Florida Statutes, is created |
49 | to read: |
50 | 634.3205 Rebating; when allowed.-- |
51 | (1) No sales representative shall rebate any portion of |
52 | his or her commission except as follows: |
53 | (a) The rebate shall be available to all consumers in the |
54 | same actuarial class. |
55 | (b) The rebate shall be in accordance with a rebating |
56 | schedule filed by the sales representative with the home |
57 | warranty association issuing the home warranty to which the |
58 | rebate applies. The home warranty association shall maintain a |
59 | copy of all rebating schedules for a period of 3 years. |
60 | (c) The rebating schedule shall be uniformly applied so |
61 | all consumers who purchase the same home warranty through the |
62 | sales representative for the same coverage shall receive the |
63 | same percentage rebate. |
64 | (d) The rebate schedule shall be prominently displayed in |
65 | public view in the sales representative's place of business, and |
66 | a copy shall be made available to consumers on request at no |
67 | charge. |
68 | (e) The age, sex, place of residence, race, nationality, |
69 | ethnic origin, marital status, or occupation of the consumer |
70 | shall not be used in determining the percentage of the rebate or |
71 | whether a rebate is available. |
72 | (2) No rebate shall be withheld or limited in amount based |
73 | on factors which are unfairly discriminatory. |
74 | (3) No rebate shall be given which is not reflected on the |
75 | rebate schedule. |
76 | (4) No rebate shall be refused or granted based upon the |
77 | purchase of or failure to purchase collateral business. |
78 | Section 3. Subsection (8) is added to section 634.406, |
79 | Florida Statutes, to read: |
80 | 634.406 Financial requirements.-- |
81 | (8) An association licensed under this part and holding no |
82 | other license under part I or part II of this chapter is not |
83 | required to establish an unearned premium reserve or maintain |
84 | contractual liability insurance and may allow its premiums to |
85 | exceed the ratio to net assets limitation of this section if the |
86 | association complies with the following: |
87 | (a) The association or, if the association is a direct or |
88 | indirect wholly owned subsidiary of a parent corporation, its |
89 | parent corporation has, and maintains at all times, a minimum |
90 | net worth of at least $100 million and provides the office with |
91 | the following: |
92 | 1. A copy of the association's annual audited financial |
93 | statements or the audited consolidated financial statements of |
94 | the association's parent corporation, prepared by an independent |
95 | certified public accountant in accordance with generally |
96 | accepted accounting principles, which clearly demonstrate the |
97 | net worth of the association or its parent corporation to be |
98 | $100 million and a quarterly written certification to the office |
99 | that such entity continues to maintain the net worth required |
100 | under this paragraph. |
101 | 2. The association's, or its parent corporation's, Form |
102 | 10K, Form 10Q, or Form 20F as filed with the United States |
103 | Securities and Exchange Commission or such other documents |
104 | required to be filed with a recognized stock exchange, which |
105 | shall be provided on a quarterly and annual basis within 10 days |
106 | after the last date each such report must be filed with the |
107 | Securities and Exchange Commission, the National Association of |
108 | Security Dealers Automated Quotation system, or other recognized |
109 | stock exchange. |
110 |
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111 | Failure to timely file the documents required under this |
112 | paragraph may, at the discretion of the office, subject the |
113 | association to suspension or revocation of its license under |
114 | this part. An association or parent corporation demonstrating |
115 | compliance with subparagraph 1. and subparagraph 2. must |
116 | maintain outstanding debt obligations, if any, rated in the top |
117 | four rating categories by a recognized rating service. |
118 | (b) If the net worth of a parent corporation is used to |
119 | satisfy the net worth provisions of paragraph (a), the following |
120 | provisions must be met: |
121 | 1. The parent corporation must guarantee all service |
122 | warranty obligations of the association, wherever written, on a |
123 | form approved in advance by the office. No cancellation, |
124 | termination, or modification of the guarantee shall become |
125 | effective unless the parent corporation provides the office |
126 | written notice at least 90 days before the effective date of the |
127 | cancellation, termination, or modification and the office |
128 | approves the request in writing. Prior to the effective date of |
129 | cancellation, termination, or modification of the guarantee, the |
130 | association must demonstrate to the satisfaction of the office |
131 | compliance with all applicable provisions of this part, |
132 | including whether the association will meet the requirements of |
133 | this section by the purchase of contractual liability insurance, |
134 | establishing required reserves, or other method allowed under |
135 | this section. If the association or parent corporation does not |
136 | demonstrate to the satisfaction of the office compliance with |
137 | all applicable provisions of this part, it shall immediately |
138 | cease writing new and renewal business upon the effective date |
139 | of the cancellation, termination, or modification. |
140 | 2. The association must maintain at all times net assets |
141 | of at least $750,000. |
142 | Section 4. Section 634.4225, Florida Statutes, is created |
143 | to read: |
144 | 634.4225 Rebating; when allowed.-- |
145 | (1) No sales representative shall rebate any portion of |
146 | his or her commission except as follows: |
147 | (a) The rebate shall be available to all consumers in the |
148 | same actuarial class. |
149 | (b) The rebate shall be in accordance with a rebating |
150 | schedule filed by the sales representative with the association |
151 | issuing the service warranty to which the rebate applies. The |
152 | association shall maintain a copy of all rebating schedules for |
153 | a period of 3 years. |
154 | (c) The rebating schedule shall be uniformly applied so |
155 | all consumers who purchase the same service warranty through the |
156 | sales representative for the same coverage shall receive the |
157 | same percentage rebate. |
158 | (d) The rebate schedule shall be prominently displayed in |
159 | public view in the sales representative's place of business, and |
160 | a copy shall be made available to consumers on request at no |
161 | charge. |
162 | (e) The age, sex, place of residence, race, nationality, |
163 | ethnic origin, marital status, or occupation of the consumer |
164 | shall not be used in determining the percentage of the rebate or |
165 | whether a rebate is available. |
166 | (2) No rebate shall be withheld or limited in amount based |
167 | on factors which are unfairly discriminatory. |
168 | (3) No rebate shall be given which is not reflected on the |
169 | rebate schedule. |
170 | (4) No rebate shall be refused or granted based upon the |
171 | purchase of or failure to purchase collateral business. |
172 | Section 5. This act shall take effect upon becoming a law. |