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The Florida Statutes

The 2009 Florida Statutes

Title XXXVII
INSURANCE
Chapter 634
WARRANTY ASSOCIATIONS
View Entire Chapter
Section 634.1815, Florida Statutes 2009

634.1815  Rebating; when allowed.--

(1)  No salesperson shall rebate any portion of his or her commission except as follows:

(a)  The rebate shall be available to all consumers in the same actuarial class.

(b)  The rebate shall be in accordance with a rebating schedule filed by the salesperson with the service agreement company issuing the service agreement to which the rebate applies. The service agreement company shall maintain a copy of all rebating schedules for a period of 3 years.

(c)  The rebating schedule shall be uniformly applied so all consumers who purchase the same service agreement through the salesperson for the same coverage shall receive the same percentage rebate.

(d)  The rebate schedule shall be prominently displayed in public view in the salesperson's place of business, and a copy shall be made available to consumers on request at no charge.

(e)  The age, sex, place of residence, race, nationality, ethnic origin, marital status, or occupation of the consumer shall not be used in determining the percentage of the rebate or whether a rebate is available.

(2)  No rebate shall be withheld or limited in amount based on factors which are unfairly discriminatory.

(3)  No rebate shall be given which is not reflected on the rebate schedule.

(4)  No rebate shall be refused or granted based upon the purchase of or failure to purchase collateral business.

History.--s. 39, ch. 2004-374.


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