Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1690
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Banking and Insurance (Broxson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1) and (2) of section 634.3077,
    6  Florida Statutes, are amended, and subsection (5) is added to
    7  that section, to read:
    8         634.3077 Financial requirements.—
    9         (1) An association licensed under this part shall maintain
   10  a funded, unearned premium reserve account, consisting of
   11  unencumbered assets, equal to a minimum of 25 percent of the
   12  gross written premiums received by it from all warranty
   13  contracts in force in this state. Such assets must shall be held
   14  in the form of cash or invested in securities for investments as
   15  provided in part II of chapter 625. Such reserve account must be
   16  a separate auditable account for contracts in force in this
   17  state.
   18         (2) An association shall maintain, at a minimum, net assets
   19  equal to one-sixth of the written premiums it receives for the
   20  issuance and delivery of any binder or warranty in force. Net
   21  assets may be less than one-sixth of the premiums written,
   22  provided the association has net assets of not less than
   23  $500,000 and maintains a funded, unearned premium reserve
   24  account consisting of unencumbered assets equal to a minimum of
   25  40 percent of the gross written premiums received by it from all
   26  warranty contracts in force in this state, which must shall be
   27  held in the form of cash or invested in securities for
   28  investments as provided in part II of chapter 625. Such reserve
   29  account must be a separate auditable account for contracts in
   30  force in this state.
   31         (5)An association operating in this state that issues home
   32  warranty or home service contracts in other states must comply
   33  with all financial requirement laws of such other states.
   34         Section 2. Effective January 1, 2020, section 634.346,
   35  Florida Statutes, is created to read:
   36         634.346Home warranty coverage requirements.–
   37         (1)A home warranty sold in this state may not exclude
   38  coverage because of the presence of rust or corrosion unless the
   39  rust or corrosion was a contributing cause of the mechanical
   40  breakdown or failure of a covered appliance, unit, or system.
   41         (2)A home warranty contract providing coverage for wear
   42  and tear failures of components of an HVAC system, which
   43  contains an exclusion of replacement coverage for any other
   44  functional components of the HVAC system on the basis of
   45  operational compatibility or operational efficiency requirements
   46  as set by the manufacturer, must:
   47         (a)Set forth a disclosure in conspicuous boldfaced type
   48  that the home warranty contract does not cover replacement of
   49  functional components of HVAC systems for reasons of
   50  compatibility or efficiency requirements of the manufacturer
   51  unless additional coverage for such circumstance is purchased,
   52  and provide the website or telephone number for the consumer to
   53  contact to add such additional coverage to the home warranty
   54  contract; and
   55         (b)Provide consumers the option to purchase additional
   56  coverage, for an additional charge, for the replacement of
   57  otherwise functional components of an HVAC system necessary to
   58  maintain the compatibility and operating efficiency requirements
   59  of the manufacturer.
   60         Section 3. Subsections (1), (2), and (5) of section
   61  634.406, Florida Statutes, are amended, and subsection (8) is
   62  added to that section, to read:
   63         634.406 Financial requirements.—
   64         (1) An association licensed under this part shall maintain
   65  a funded, unearned premium reserve account, consisting of
   66  unencumbered assets, equal to a minimum of 25 percent of the
   67  gross written premiums received on all warranty contracts in
   68  force which are, wherever written in this state. Such reserve
   69  account must be a separate auditable account for contracts in
   70  force in this state. Such assets must shall be held as
   71  prescribed under ss. 625.301-625.340. For contracts in excess of
   72  2 years which are offered by associations having net assets of
   73  less than $500,000 and for which premiums are collected in
   74  advance for coverage in a subsequent year, 100 percent of the
   75  premiums for such subsequent years must shall be placed in the
   76  funded, unearned premium reserve account.
   77         (2) An association utilizing an unearned premium reserve
   78  shall deposit with the department a reserve deposit for
   79  contracts in force in this state equal to 10 percent of the
   80  gross written premium received on all warranty contracts in
   81  force in this state. Such reserve deposit must shall be of a
   82  type eligible for deposit by insurers under s. 625.52. Request
   83  for release of all or part of the reserve deposit may be made
   84  quarterly and only after the office has received and approved
   85  the association’s current financial statements, as well as a
   86  statement sworn to by two officers of the association verifying
   87  such release will not reduce the reserve deposit to less than 10
   88  percent of the gross written premium. The reserve deposit
   89  required under this part must shall be included in calculating
   90  the reserve required by subsection (1). The deposit required in
   91  s. 634.405(1)(b) must shall be included in calculating the
   92  reserve requirements of this section.
   93         (5) No warranty seller may allow its gross written premiums
   94  in force for contracts written in this state to exceed a 7-to-1
   95  ratio to net assets.
   96         (8)An association operating in this state that issues
   97  service warranty or service contracts in other states must
   98  comply with all financial requirement laws of such other states.
   99         Section 4. Except as otherwise provided in this act, this
  100  act shall take effect July 1, 2019.
  101  
  102  ================= T I T L E  A M E N D M E N T ================
  103  And the title is amended as follows:
  104         Delete everything before the enacting clause
  105  and insert:
  106                        A bill to be entitled                      
  107         An act relating to warranty associations; amending s.
  108         634.3077, F.S.; revising the basis for calculating the
  109         required assets in a home warranty association’s
  110         premium reserve account; requiring that such reserve
  111         account be a separate auditable account for contracts
  112         in force in this state; requiring certain home
  113         warranty associations to comply with other states’
  114         laws; creating s. 634.346, F.S.; prohibiting home
  115         warranties from excluding coverage because of the
  116         presence of rust or corrosion, except under certain
  117         circumstances; specifying requirements for certain
  118         home warranties providing coverage for HVAC system
  119         components; amending s. 634.406, F.S.; revising the
  120         basis for calculating the required assets in a service
  121         warranty association’s premium reserve account;
  122         requiring that such reserve account be a separate
  123         auditable account for contracts in force in this
  124         state; revising the basis for calculating a certain
  125         reserve deposit with the Department of Financial
  126         Services; revising the requirements regarding the
  127         ratio of gross written premiums to net assets for
  128         service warranties; requiring certain service warranty
  129         associations to comply with other states’ laws;
  130         providing effective dates.