Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 902 Ì871000UÎ871000 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/18/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Boyd) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 80 - 401 4 and insert: 5 protection products issued before October 1, 2008. 6 Section 2. Paragraph (g) of subsection (11) of section 7 520.07, Florida Statutes, is amended, and paragraphs (h) and (i) 8 are added to that subsection, to read: 9 520.07 Requirements and prohibitions as to retail 10 installment contracts.— 11 (11) In conjunction with entering into any new retail 12 installment contract or contract for a loan, a motor vehicle 13 retail installment seller as defined in s. 520.02, a sales 14 finance company as defined in s. 520.02, or a retail lessor as 15 defined in s. 521.003, and any assignee of such an entity, may 16 offer, for a fee or otherwise, optional guaranteed asset 17 protection products in accordance with this chapter. The motor 18 vehicle retail installment seller, sales finance company, retail 19 lessor, or assignee may not require the purchase of a guaranteed 20 asset protection product as a condition for making the loan. In 21 order to offer any guaranteed asset protection product, a motor 22 vehicle retail installment seller, sales finance company, or 23 retail lessor, and any assignee of such an entity, shall comply 24 with the following: 25 (g) If a contract for a guaranteed asset protection product 26 is terminated, the entity shall refund to the buyer any unearned 27 fees paid for the contract unless the contract provides 28 otherwise. A refund is not due to a consumer who receives a 29 benefit under such product. In order to receive a refund, the 30 buyer must notify the entity of the event terminating the 31 contract and request a refund within 90 days after the 32 occurrence of the event terminating the contract. An entity may 33 offer a buyer a contract that does not provide for a refund only 34 if the entity also offers that buyer a bona fide option to 35 purchase a comparable contract that provides for a refund. An 36 entity may not deduct more than $75 in administrative fees from 37 a refund made under this subsection. 38 (h) Guaranteed asset protection products may be cancelable 39 or noncancelable after a free-look period as defined in s. 40 520.152. 41 (i) If the termination of the guaranteed asset protection 42 product occurs because of a default under the retail installment 43 contract or contract for a loan, the repossession of the motor 44 vehicle associated with the retail installment contract or 45 contract for a loan, or any other termination of the retail 46 installment contract or contract for a loan, the entity may pay 47 any refund due directly to the holder or administrator and apply 48 the refund as a reduction of the amount owed under the retail 49 installment contract or contract for a loan, unless the buyer 50 can show that the retail installment contract has been paid in 51 full. 52 Section 3. Section 520.151, Florida Statutes, is created to 53 read: 54 520.151 Florida Vehicle Value Protection Agreements Act. 55 Sections 520.151-520.156 may be cited as the “Florida Vehicle 56 Value Protection Agreements Act.” 57 Section 4. Section 520.152, Florida Statutes, is created to 58 read: 59 520.152 Definitions.—As used in ss. 520.151-520.156, unless 60 the context or subject matter otherwise requires, the term: 61 (1) “Administrator” means the person who is responsible for 62 the administrative or operational function of managing vehicle 63 value protection agreements, including, but not limited to, the 64 adjudication of claims or benefit requests by contract holders. 65 (2) “Commercial transaction” means a transaction in which 66 the motor vehicle subject to the transaction is used primarily 67 for business or commercial purposes. 68 (3) “Contract holder” means a person who is the purchaser 69 or holder of a vehicle value protection agreement. 70 (4) “Finance agreement” means a loan, retail installment 71 sales contract, or lease for the purchase, refinancing, or lease 72 of a motor vehicle. 73 (5) “Free-look period” means the period of time, commencing 74 on the effective date of the contract, during which the buyer 75 may cancel the contract for a full refund of the purchase price. 76 This period may not be shorter than 30 days. 77 (6) “Motor vehicle” has the same meaning as provided in s. 78 520.02. 79 (7) “Provider” means a person that is obligated to provide 80 a benefit under a vehicle value protection agreement. A provider 81 may function as an administrator or retain the services of a 82 third-party administrator. 83 (8) “Vehicle value protection agreement” includes a 84 contractual agreement that provides a benefit toward either the 85 reduction of some or all of the contract holder’s current 86 finance agreement deficiency balance or the purchase or lease of 87 a replacement motor vehicle or motor vehicle services upon the 88 occurrence of an adverse event to the motor vehicle, including, 89 but not limited to, loss, theft, damage, obsolescence, 90 diminished value, or depreciation. The term does not include 91 guaranteed asset protection products as defined in s. 520.02. 92 Such a product is not insurance for purposes of the Florida 93 Insurance Code. 94 Section 5. Section 520.153, Florida Statutes, is created to 95 read: 96 520.153 Requirements and prohibitions as to vehicle value 97 protection agreements.— 98 (1) Vehicle value protection agreements may be offered, 99 sold, or given to consumers in this state in compliance with 100 this act. 101 (2) Notwithstanding any other law, any amount charged or 102 financed for a vehicle value protection agreement is not 103 considered a finance charge or interest and must be separately 104 stated in the finance agreement and in the vehicle value 105 protection agreement. 106 (3) The extension of credit, the terms of credit, or the 107 terms of the related motor vehicle sale or lease may not be 108 conditioned upon the consumer’s payment for or financing of any 109 charge for a vehicle value protection agreement. However, a 110 vehicle value protection agreement may be discounted or given at 111 no charge in connection with the purchase of other noncredit 112 related goods or services. 113 (4) A provider may use an administrator or other designee 114 to administer a vehicle value protection agreement. 115 (5) A vehicle value protection agreement may not be sold to 116 any person unless he or she has been or will be provided access 117 to a copy of such vehicle value protection agreement at a 118 reasonable time after such vehicle value protection agreement is 119 sold. 120 (6) A vehicle value protection agreement may not be sold if 121 coverage is duplicative of another vehicle value protection 122 agreement sold to a person or duplicative of a guaranteed asset 123 protection product. 124 (7) Each provider shall do one of the following: 125 (a) Insure all of its vehicle value protection agreements 126 under a policy that pays or reimburses the contract holder in 127 the event the provider fails to perform its obligations under 128 the vehicle value protection agreement. The insurer must be 129 licensed or otherwise authorized or eligible to do business in 130 this state. 131 (b) Maintain a funded reserve account for its obligations 132 under its contracts issued and outstanding in this state. The 133 reserves may not be less than 40 percent of gross consideration 134 received, less claims paid, on the sale of the vehicle value 135 protection agreement for all in-force contracts in this state. 136 The reserve must be placed in trust with the office and have a 137 financial security deposit valued at not less than 5 percent of 138 the gross consideration received, less claims paid, on the sale 139 of the vehicle value protection agreements for all vehicle value 140 protection agreements issued and in force in this state, but at 141 least $25,000. The reserve account must consist of one of the 142 following: 143 1. A surety bond issued by an authorized surety. 144 2. Securities of the type eligible for deposit by insurers 145 as provided in s. 625.52. 146 3. Cash. 147 4. A letter of credit issued by a qualified financial 148 institution. 149 (c) Maintain, or together with its parent corporation 150 maintain, a net worth or stockholders’ equity of $100 million 151 and, upon request, provide the office with a copy of the 152 provider’s or the provider’s parent company’s Form 10-K or Form 153 20-F filed with the Securities and Exchange Commission within 154 the last calendar year, or if the company does not file with the 155 Securities and Exchange Commission, a copy of the company’s 156 audited financial statements, which must show a net worth of the 157 provider or its parent company of at least $100 million. If the 158 provider’s parent company’s Form 10-K, Form 20-F, or financial 159 statements are filed to meet the provider’s financial security 160 requirement, the parent company must agree to guarantee the 161 obligations of the provider relating to vehicle value protection 162 agreements sold by the provider in this state. 163 (8) A financial security requirement other than those 164 imposed in subsection (7) may not be imposed on vehicle value 165 protection agreement providers. 166 Section 6. Section 520.154, Florida Statutes, is created to 167 read: 168 520.154 Disclosures.— 169 (1) A vehicle value protection agreement must disclose in 170 writing, in clear, understandable language, all of the 171 following: 172 (a) The name and address of the provider, contract holder, 173 and administrator, if any. 174 (b) The terms of the vehicle value protection agreement, 175 including, but not limited to, the purchase price to be paid by 176 the contract holder, if any, the requirements for eligibility 177 and conditions of coverage, and any exclusions. 178 (c) Whether the vehicle value protection agreement may be 179 canceled by the contract holder during a free-look period as 180 defined in s. 520.152, and that, in the event of cancellation, 181 the contract holder is entitled to a full refund of the purchase 182 price, if any, so long as no benefits have been provided. 183 (d) The procedure the contract holder must follow, if any, 184 to obtain a benefit under the terms and conditions of the 185 vehicle value protection agreement, including, if applicable, a 186 telephone number, website, or mailing address where the contract 187 holder may apply for a benefit. 188 (e) Whether the vehicle value protection agreement is 189 cancelable after the free-look period and the conditions under 190 which it may be canceled, including the procedures for 191 requesting any refund of the unearned purchase price paid by the 192 contract holder. In the event that the agreement is cancelable, 193 it must include the methodology for calculating any refund due 194 of the unearned purchase price of the vehicle value protection 195 agreement. 196 (f) That the extension of credit, the terms of the credit, 197 or the terms of the related motor vehicle sale or lease may not 198 be conditioned upon the purchase of the vehicle value protection 199 agreement. 200 (2) A vehicle value protection agreement must state the 201 terms, restrictions, or conditions governing cancellation of the 202 vehicle value protection agreement before the termination or 203 expiration date of the vehicle value protection agreement by 204 either the provider or the contract holder. The provider of the 205 vehicle value protection agreement shall mail a written notice 206 to the contract holder at the last known address of the contract 207 holder contained in the records of the provider at least 5 days 208 before cancellation by the provider, which notice must state the 209 effective date of the cancellation and the reason for the 210 cancellation. However, such prior notice is not required if the 211 reason for cancellation is nonpayment of the provider fee, a 212 material misrepresentation by the contract holder to the 213 provider or administrator, or a substantial breach of duties by 214 the contract holder relating to the covered motor vehicle or its 215 use. If a vehicle value protection agreement is canceled by the 216 provider for a reason other than nonpayment of the provider fee, 217 the provider must refund to the contract holder 100 percent of 218 the unearned pro rata provider fee paid by the contract holder, 219 if any. If coverage under the vehicle value protection agreement 220 continues after a claim, any refund may reflect a deduction for 221 claims paid and, at the discretion of the provider, an 222 administrative fee of not more than $75. 223 Section 7. Section 520.155, Florida Statutes, is created to 224 read: 225 520.155 Commercial transactions exempt.—Sections 520.154 226 and 520.156 do not apply to vehicle value protection agreements 227 offered in connection with a commercial transaction. 228 Section 8. Section 520.156, Florida Statutes, is created to 229 read: 230 520.156 Penalties.—A provider, an administrator, or any 231 other person who willfully and intentionally violates ss. 232 520.151-520.155 commits a noncriminal violation as defined in s. 233 775.08(3), punishable by a fine not to exceed $500 per violation 234 and not more than $10,000 in the aggregate for all violations of 235 a similar nature. For purposes of this section, the term 236 “violations of a similar nature” means violations that consist 237 of the same or similar course of conduct, action, or practice, 238 irrespective of the number of times the action, conduct, or 239 practice determined to be a violation of ss. 520.151-520.155 240 occurred. 241 Section 9. Section 520.157, Florida Statutes, is created to 242 read: 243 520.157 Excess wear and use waiver.— 244 (1) For purposes of this section, the term “excess wear and 245 use waiver” means a contractual agreement wherein a lessor 246 agrees, regardless of whether subject to a separate fee, to 247 cancel or waive all or part of amounts that may become due under 248 a lease agreement as a result of excess wear and use of a motor 249 vehicle, which agreement must be part of, or a separate addendum 250 to, the lease agreement. Such waivers may also cancel or waive 251 amounts due for excess mileage. 252 253 ================= T I T L E A M E N D M E N T ================ 254 And the title is amended as follows: 255 Delete lines 47 - 50 256 and insert: 257 of a similar nature”; creating s. 520.157, F.S.; 258 defining the term “excess wear and use waiver”; 259 authorizing a retail lessee