January 24, 2021
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The Florida Statutes

The 2009 Florida Statutes

Chapter 634
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Section 634.095, Florida Statutes 2009

634.095  Prohibited acts.--Any service agreement company or salesperson that engages in one or more of the following acts is, in addition to any applicable denial, suspension, revocation, or refusal to renew or continue any appointment or license, guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083:

(1)  No salesperson or agent who participates in or influences the processing, administration, or adjustment of claims shall enter into any agreement or understanding in which the effect is to make the amount of any salesperson's or agent's commission contingent upon savings effected in the adjustment, settlement, and payment of losses covered by the service agreement company's or insurer's service agreement. Any agreement or understanding now existing is declared unlawful and shall be terminated immediately.

(2)  Offering or attempting to offer the service agreement holder a return of all or a portion of the premium paid if the service agreement holder does not file any claims or files a limited number of claims or files claims the dollar amount of which does not exceed a set amount or percentage.

(3)  Issuing or causing to be issued any advertisement which:

(a)  Does not fully disclose in boldfaced type the name, address, and license number of the service agreement company.

(b)  In any respect is in violation of or does not comply with this part, applicable provisions of the Florida Insurance Code, or applicable rule of the commission.

(c)  Is ambiguous, misleading, or deceptive.

(4)  Denying claims for lack of service or maintenance on component parts that do not require servicing or routine maintenance or are unrelated to servicing.

(5)  Requiring that the purchaser or insured agree to purchase noninsurance services, commodities, or other insurance including automobile services as specified in s. 624.124 or exempt motor vehicle service agreements specified in s. 624.125.

(6)  The practice, known as sliding, by any person whereby the person:

(a)  Represents to the applicant that a specific ancillary coverage or product is required by law in conjunction with the purchase of a service agreement, when in fact the specific ancillary coverage or product is not required;

(b)  Represents to the applicant that a specific ancillary coverage or product is included in the service agreement applied for without an additional charge, when in fact an additional charge is applied; or

(c)  Charges an applicant for a specific ancillary coverage or product, over and above the cost of the service coverage applied for, without the informed consent of the applicant.

History.--ss. 17, 68, ch. 91-106; s. 20, ch. 93-195; s. 454, ch. 97-102; s. 1425, ch. 2003-261.

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