HB 1205

1
A bill to be entitled
2An act relating to motor vehicle warranty associations;
3amending s. 628.4615, F.S.; conforming a cross-reference;
4amending s. 634.011, F.S.; defining the term "motor
5vehicle manufacturer"; amending s. 634.023, F.S.;
6exempting certain motor vehicle manufacturer service
7agreements from certain provisions of law relating to
8motor vehicle service agreement companies; deleting a
9provision relating to legislative intent; creating s.
10634.092, F.S.; authorizing the office to prohibit motor
11vehicle manufacturers from issuing, selling, or
12administering motor vehicle service agreements under
13certain circumstances; authorizing the office to issue an
14order suspending the authority of a motor vehicle
15manufacture from issuing, selling, or administering motor
16vehicle service agreements under certain circumstances;
17amending s. 634.137, F.S.; authorizing the Office of
18Insurance Regulation to develop an abbreviated form for
19statistical reporting of sales of service agreements by
20motor vehicle manufacturers in lieu of certain other
21financial reports; amending s. 634.271, F.S.; conforming a
22cross-reference; amending s. 634.4165, F.S.; revising
23criteria for a required detailed warranty register of
24warranties in force; providing an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Paragraph (a) of subsection (1) of section
29628.4615, Florida Statutes, is amended to read:
30     628.4615  Specialty insurers; acquisition of controlling
31stock, ownership interest, assets, or control; merger or
32consolidation.--
33     (1)  For the purposes of this section, the term "specialty
34insurer" means any person holding a license or certificate of
35authority as:
36     (a)  A motor vehicle service agreement company authorized
37to issue motor vehicle service agreements as those terms are
38defined in s. 634.011(7) and (8);
39     Section 2.  Subsections (7) through (16) of section
40634.011, Florida Statutes, are renumbered as subsections (8)
41through (17), respectively, and a new subsection (7) is added to
42that section to read:
43     634.011  Definitions.--As used in this part, the term:
44     (7)  "Motor vehicle manufacturer" means an entity that:
45     (a)  Manufactures or produces motor vehicles and sells
46motor vehicles under its own name or label;
47     (b)  Is a majority owned subsidiary of an entity that
48manufactures or produces motor vehicles;
49     (c)  Is a corporation which owns 100 percent of an entity
50that manufactures or produces motor vehicles;
51     (d)  Does not manufacture or produce motor vehicles but
52sells motor vehicles under the trade name or label of another
53entity that manufactures or produces motor vehicles;
54     (e)  Manufactures or produces motor vehicles and sells such
55motor vehicles under the trade name or label of another entity
56that manufactures or produces motor vehicles; or
57     (f)  Does not manufacture or produce motor vehicles but,
58pursuant to a written contract, licenses the use of its trade
59name or label to another entity that manufactures or produces
60motor vehicles that sells motor vehicles under the licensor's
61trade name or label.
62     Section 3.  Section 634.023, Florida Statutes, is amended
63to read:
64     634.023  Part exclusive; applicability of other laws.--
65     (1)  Except as provided in this part, motor vehicle service
66agreement companies shall be governed by the provisions of this
67part and shall be exempt from all other provisions of the
68Florida Insurance Code.
69     (2)  A motor vehicle manufacturer's service agreements on
70the motor vehicle manufacturer's products need not comply with
71s. 634.031, s. 634.041, s. 634.044, s. 634.052, s. 634.053, s.
72634.061, s. 634.071, or s. 634.081. The provisions of chapter
7385-321, Laws of Florida, which amended provisions of this part
74shall be construed as clarifying legislative intent as to the
75status of persons regulated by the part as insurers.
76     Section 4.  Section 634.092, Florida Statutes, is created
77to read:
78     634.092  Suspension or revocation; motor vehicle
79manufacturer.--
80     (1)  The office, in its discretion, may prohibit a motor
81vehicle manufacturer from engaging in the business of issuing,
82selling, or administering motor vehicle service agreements in
83this state if the office finds the company has violated any
84lawful order of the office or any provision of this part.
85     (2)  The office may issue an order prohibiting or
86suspending the authority of a motor vehicle manufacturer to
87issue, administer, or sell service agreements if the office
88finds the company in violation of s. 634.081(2)(b)-(e), (g), or
89(h) or (3).
90     Section 5.  Subsection (6) is added to section 634.137,
91Florida Statutes, to read:
92     634.137  Financial and statistical reporting
93requirements.--
94     (6)  The office may develop by rule an abbreviated form for
95statistical reporting sales of service agreements in this state
96by motor vehicle manufacturers to submit in lieu of the
97financial reports required in subsections (1) and (2).
98     Section 6.  Subsection (5) of section 634.271, Florida
99Statutes, is amended to read:
100     634.271  Civil remedy.--
101     (5)  The penalty provisions in ss. 520.12 and 521.006, as
102well as the statutory penalty in subsection (1), do not apply to
103any violation of this part or chapters 520 and 521 relating to
104or in connection with the sale or failure to disclose in a
105retail installment contract or lease, prior to April 23, 2002,
106of a vehicle protection product, or contract or agreement that
107provides for payment of vehicle protection expenses, as defined
108in s. 634.011(8)(7)(b)1., so long as the sale of such product,
109contract, or agreement was otherwise disclosed to the consumer
110in writing at the time of the purchase or lease. However, in the
111event of a violation for which such statutory penalties do not
112apply, the court shall award actual damages and costs, including
113reasonable attorney's fees. Nothing in this subsection shall be
114construed to require the application of the referenced statutory
115penalty provisions where this subsection is not applicable.
116     Section 7.  Subsection (2) of section 634.4165, Florida
117Statutes, is amended to read:
118     634.4165  Office records required.--As a minimum
119requirement for permanent office records, each licensed service
120warranty association shall maintain:
121     (2)  A detailed warranty register of warranties in force,
122by unique identifier. The register shall include the unique
123identifier, date of issue, issuing sales representative, name of
124warranty holder and the, location of the property to the extent
125the name and address have been furnished by the warranty holder,
126warranty period, gross premium, commission to sales
127representative, and net premium.
128     Section 8.  This act shall take effect July 1, 2008.


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