January 26, 2021
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The Florida Statutes

The 2009 Florida Statutes

Chapter 634
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Section 634.308, Florida Statutes 2009

634.308  Grounds for suspension or revocation of license.--

(1)  The license of any home warranty association may be revoked or suspended, or the office may refuse to renew any such license, if it is determined that:

(a)  The association has violated any lawful rule or order of the commission or office or any provision of this part.

(b)  The association has not maintained a funded, unearned premium reserve account as required by s. 634.3077(1).

(c)  The association has not maintained, at a minimum, net assets as required by s. 634.3077(2).

(2)  The license of any home warranty association shall be suspended, revoked, or not renewed if it is determined that such association:

(a)  Is in unsound financial condition or is in such condition or is using such methods and practices in the conduct of its business as to render its further transaction of warranties in this state hazardous or injurious to its warranty holders or to the public.

(b)  Has refused to be examined or to produce its accounts, records, and files for examination, or if any of its officers have refused to give information with respect to its affairs or have refused to perform any other legal obligation as to such examination, when required by the office.

(c)  Has failed to pay any final judgment rendered against it in this state within 60 days after the judgment became final.

(d)  Has, without just cause, refused to pay proper claims arising under its warranties or, without just cause, has compelled warranty holders to accept less than the amount due them or to employ attorneys, or to bring suit against the association, to secure full payment or settlement of such claims.

(e)  Is affiliated with, and under the same general management, interlocking directorate, or ownership as, another home warranty association which transacts direct warranties in this state without having a license therefor.

(f)  Has issued warranty contracts which renewal contracts provide that the cost of renewal exceeds the then-current cost for new warranty contracts or impose a fee for inspection of the premises.

(3)  The office may, pursuant to s. 120.60, in its discretion and without advance notice or hearing thereon, immediately suspend the license of any home warranty association if it finds that one or more of the following circumstances exist:

(a)  The association is insolvent or impaired.

(b)  The reserve account or net asset ratio requirement of s. 634.3077 is not being maintained.

(c)  A proceeding for receivership, conservatorship or rehabilitation or any other delinquency proceeding regarding the association has been commenced in any state.

(d)  The financial condition or business practices of the association otherwise pose an imminent threat to the public health, safety, or welfare of the residents of this state.

(4)  A violation of this part by an insurer is grounds for suspension or revocation of the insurer's certificate of authority in this state.

History.--s. 1, ch. 77-339; s. 2, ch. 78-255; ss. 1, 3, ch. 81-148; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 7, 32, 33, 34, ch. 83-323; s. 1, ch. 84-94; s. 1, ch. 86-75; s. 45, ch. 88-166; s. 34, ch. 91-106; s. 20, ch. 93-195; s. 1460, ch. 2003-261.

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