| 1 | Representative(s) Evers offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 141 and 142, insert: |
| 5 | Section 4. Subsection (13) of section 634.401, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 634.401 Definitions.--As used in this part, the term: |
| 8 | (13) "Service warranty" means any warranty, guaranty, |
| 9 | extended warranty or extended guaranty, maintenance service |
| 10 | contract equal to or greater than 1 year in length or which does |
| 11 | not meet the exemption in paragraph (a), contract agreement, or |
| 12 | other written promise for a specific duration to perform the |
| 13 | repair, replacement, or maintenance of a consumer product, or |
| 14 | for indemnification for repair, replacement, or maintenance, for |
| 15 | the operational or structural failure due to a defect in |
| 16 | materials or workmanship, normal wear and tear, power surge, or |
| 17 | accidental damage from handling to indemnify against the cost of |
| 18 | repair or replacement of a consumer product in return for the |
| 19 | payment of a segregated charge by the consumer; however: |
| 20 | (a) Maintenance service contracts written for less than 1 |
| 21 | year or less which do not contain provisions for indemnification |
| 22 | and which do not provide a discount to the consumer for any |
| 23 | combination of parts and labor in excess of 20 percent during |
| 24 | the effective period of such contract, motor vehicle service |
| 25 | agreements, transactions exempt under s. 624.125, and home |
| 26 | warranties subject to regulation under parts I and II of this |
| 27 | chapter are excluded from this definition; and |
| 28 | (b) The term "service warranty" does not include service |
| 29 | contracts between consumers and condominium associations. |
| 30 | Section 5. Section 634.4015, Florida Statutes, is created |
| 31 | to read: |
| 32 | 634.4015 Coverage for accidental damage for handling.--All |
| 33 | service warranty contracts that include coverage for accidental |
| 34 | damage from handling must be covered by the contractual |
| 35 | liability policy specified in s. 634.406(3). |
| 36 |
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| 37 | ================ T I T L E A M E N D M E N T ============= |
| 38 | Remove line 19 and insert: |
| 39 | agreements; amending s. 634.401, F.S.; revising the definition |
| 40 | of the term "service warranty"; creating s. 634.4015, F.S.; |
| 41 | requiring that service warranty contracts be covered by a |
| 42 | certain contractual liability policy; providing an effective |
| 43 | date. |