Senate Bill sb1620c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                           CS for SB 1620

    By the Committee on Banking and Insurance; and Senator
    Haridopolos




    597-1807-06

  1                      A bill to be entitled

  2         An act relating to warranty associations;

  3         creating s. 634.042, F.S.; prohibiting a motor

  4         vehicle service agreement company from

  5         investing or lending company funds for

  6         specified purposes; amending s. 634.301, F.S.;

  7         revising a definition of "home warranty" to

  8         specify nonapplication to certain contracts or

  9         agreements; creating s. 634.3076, F.S.;

10         prohibiting a home warranty association from

11         investing or lending association funds for

12         specified purposes; amending s. 634.3077, F.S.;

13         specifying an additional requirement for

14         contractual liability insurance purchased by a

15         home warranty association; amending s. 634.312,

16         F.S; revising a prohibition against the Office

17         of Insurance Regulation for nonapproval of

18         certain forms; specifying cancellation

19         requirements for home warranty contracts;

20         providing return of premium requirements;

21         authorizing an administrative fee; specifying

22         refund amounts for a home warranty under

23         certain circumstances; amending s. 634.336,

24         F.S.; removing cancellation practices from the

25         provisions that constitute unfair methods of

26         competition and unfair or deceptive acts or

27         practices; creating s. 634.4062, F.S.;

28         prohibiting a service warranty association from

29         investing or lending association funds for

30         specified purposes; repealing s. 634.345, F.S.,

31  

                                  1

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






    Florida Senate - 2006                           CS for SB 1620
    597-1807-06




 1         relating to a buyer's right to cancel a home

 2         warranty; providing an effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Section 634.042, Florida Statutes, is

 7  created to read:

 8         634.042  Prohibited investments and loans.--A motor

 9  vehicle service agreement company shall not directly or

10  indirectly invest in or lend its funds upon the security of

11  any note or other evidence of indebtedness of any director,

12  officer, or controlling stockholder of the motor vehicle

13  service agreement company. This prohibition applies only to

14  investments and loans initially reported on motor vehicle

15  service agreement financial statements after the third

16  quarterly statement for 2006.

17         Section 2.  Subsection (3) of section 634.301, Florida

18  Statutes, is amended to read:

19         634.301  Definitions.--As used in this part, the term:

20         (3)  "Home warranty" or "warranty" means any contract

21  or agreement:

22         (a)  Offered in connection with the sale of residential

23  property;

24         (b)  Offered in connection with a loan of $5,000 or

25  more which is secured by residential property that is the

26  subject of the warranty, but not in connection with the sale

27  of such property; or

28         (c)  Offered in connection with a home improvement of

29  $7,500 or more for residential property that is the subject of

30  the warranty, but not in connection with the sale of such

31  property;

                                  2

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






    Florida Senate - 2006                           CS for SB 1620
    597-1807-06




 1  

 2  whereby a person undertakes to indemnify the warranty holder

 3  against the cost of repair or replacement, or actually

 4  furnishes repair or replacement, of any structural component

 5  or appliance of a home, necessitated by wear and tear or an

 6  inherent defect of any such structural component or appliance

 7  or necessitated by the failure of an inspection to detect the

 8  likelihood of any such loss. However, this part does not

 9  prohibit the giving of usual performance guarantees by either

10  the builder of a home or the manufacturer or seller of an

11  appliance, as long as no identifiable charge is made for such

12  guarantee. This part does not permit the provision of

13  indemnification against consequential damages arising from the

14  failure of any structural component or appliance of a home,

15  which practice constitutes the transaction of insurance

16  subject to all requirements of the insurance code. This part

17  does not apply to service contracts entered into between

18  consumers and nonprofit organizations or cooperatives the

19  members of which consist of condominium associations and

20  condominium owners and which perform repairs and maintenance

21  for appliances or maintenance of the residential property.

22  This part does not apply to a contract or agreement offered in

23  connection with a sale of residential property by a warranty

24  association in compliance with part III, provided such

25  contract or agreement only relates to the systems and

26  appliances of the covered residential property and does not

27  cover any structural component of the residential property.

28         Section 3.  Section 634.3076, Florida Statutes, is

29  created to read:

30         634.3076  Prohibited investments and loans.--A home

31  warranty association shall not directly or indirectly invest

                                  3

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






    Florida Senate - 2006                           CS for SB 1620
    597-1807-06




 1  in or lend its funds upon the security of any note or other

 2  evidence of indebtedness of any director, officer, or

 3  controlling stockholder of the home warranty association. This

 4  prohibition applies only to investments and loans initially

 5  reported on a home warranty association's financial statements

 6  after the third quarterly statement for 2006.

 7         Section 4.  Paragraph (d) is added to subsection (3) of

 8  section 634.3077, Florida Statutes, to read:

 9         634.3077  Financial requirements.--

10         (3)  An association shall not be required to set up an

11  unearned premium reserve if it has purchased contractual

12  liability insurance which demonstrates to the satisfaction of

13  the office that 100 percent of its claim exposure is covered

14  by such insurance. Such contractual liability insurance shall

15  be obtained from an insurer that holds a certificate of

16  authority to do business within the state or from an insurer

17  approved by the office as financially capable of meeting the

18  obligations incurred pursuant to the policy. For purposes of

19  this subsection, the contractual liability policy shall

20  contain the following provisions:

21         (d)  The contractual liability insurance policy shall

22  insure all home warranty contracts that were issued while the

23  policy was in effect whether or not the premium has been

24  remitted to the insurer.

25         Section 5.  Subsection (3) of section 634.312, Florida

26  Statutes, is amended, and subsection (8) is added to that

27  section, to read:

28         634.312  Filing;, approval of forms.--

29         (3)  The office shall not approve any such form that

30  imposes which allows for more than nine annual renewals or

31  which renewal contracts provide that the cost of renewal

                                  4

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






    Florida Senate - 2006                           CS for SB 1620
    597-1807-06




 1  exceeds the then-current cost for new warranty contracts or

 2  impose a fee for inspection of the premises.

 3         (8)  Each home warranty contract shall contain a

 4  cancellation provision. Any home warranty agreement may be

 5  canceled by the purchaser within 10 days after purchase. The

 6  refund must be 100 percent of the gross premium paid, less any

 7  claims paid on the agreement. A reasonable administrative fee

 8  may be charged, not to exceed 5 percent of the gross premium

 9  paid by the warranty agreement holder. After the home warranty

10  agreement has been in effect for 10 days, if the contract is

11  canceled by the warranty holder, a return of premium shall be

12  based upon 90 percent of unearned pro rata premium less any

13  claims that have been paid. If the contract is canceled by the

14  association for any reason other than for fraud or

15  misrepresentation, a return of premium shall be based upon 100

16  percent of unearned pro rata premium.

17         Section 6.  Subsection (8) of section 634.336, Florida

18  Statutes, is amended to read:

19         634.336  Unfair methods of competition and unfair or

20  deceptive acts or practices defined.--The following methods,

21  acts, or practices are defined as unfair methods of

22  competition and unfair or deceptive acts or practices:

23         (8)  COERCION OF DEBTORS.--When a home warranty is sold

24  as authorized by s. 634.301(3)(b):

25         (a)  Requiring, as a condition precedent or condition

26  subsequent to the lending of the money or the extension of the

27  credit or any renewal thereof, that the person to whom such

28  credit is extended purchase a home warranty; or

29         (b)  Failing to provide the advice required by s.

30  634.344.; or

31  

                                  5

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






    Florida Senate - 2006                           CS for SB 1620
    597-1807-06




 1         (c)  Failing to comply with the provisions of s.

 2  634.345.

 3         Section 7.  Section 634.4062, Florida Statutes, is

 4  created to read:

 5         634.4062  Prohibited investments and loans.--A service

 6  warranty association shall not directly or indirectly invest

 7  in or lend its funds upon the security of any note or other

 8  evidence of indebtedness of any director, officer, or

 9  controlling stockholder of the service warranty association.

10  This prohibition applies only to investments and loans

11  initially reported on a service warranty association's

12  financial statements after the third quarterly statement for

13  2006.

14         Section 8.  Section 634.345, Florida Statutes, is

15  repealed.

16         Section 9.  This act shall take effect July 1, 2006.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 1620

20                                 

21  1.   Prohibits warranty associations from investing or lending
         association funds to any officer, director, or
22       controlling shareholder.

23  2.   Revises provisions regarding cancellation of home
         warranty association contracts and refund of premiums.
24  
    3.   Provides that if a home warranty association uses a
25       contractual liability insurance policy in lieu of
         establishing an unearned premium reserve, the contractual
26       liability must cover all home warranty contracts issued
         during the policy period whether or not the premium has
27       been remitted to the insurer.

28  4.   Allows a service warranty association to sell a warranty
         covering home systems and appliances, but not covering
29       any structural component of a home without obtaining a
         license as a home warranty association.
30  

31  

                                  6

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