February 21, 2020
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       Florida Senate - 2010                                    SB 2618
       
       
       
       By Senator Bennett
       
       
       
       
       21-01094A-10                                          20102618__
    1                        A bill to be entitled                      
    2         An act relating to warranty associations; amending s.
    3         628.4615, F.S., relating to specialty insurers;
    4         conforming a cross-reference; amending s. 634.011,
    5         F.S.; revising the definition of the term “motor
    6         vehicle service agreement”; amending s. 634.031, F.S.;
    7         providing penalties for certain licensure violations;
    8         amending s. 634.041, F.S., relating to qualifications
    9         for licensure; conforming cross-references; amending
   10         s. 634.095, F.S.; prohibiting service agreement
   11         companies from issuing certain deceptive
   12         advertisements, operating without a subsisting
   13         license, or remitting premiums to a person other than
   14         the obligated service agreement company; amending s.
   15         634.121, F.S.; deleting a requirement that certain
   16         service agreement forms be approved by the Office of
   17         Insurance Regulation of the Financial Services
   18         Commission; amending s. 634.1213, F.S.; authorizing
   19         the office to order a service agreement company to
   20         stop using forms that do not comply with specified
   21         requirements; amending s. 634.137, F.S.; deleting a
   22         schedule for the submissions of certain reports;
   23         amending s. 634.141, F.S.; providing guidelines for
   24         the office to use in determining whether to examine a
   25         company; amending s. 634.1815, F.S.; requiring certain
   26         rebates to be approved by the company issuing a
   27         service agreement; amending s. 634.282, F.S.;
   28         clarifying provisions relating to the refund of excess
   29         premiums or charges; requiring that a consumer receive
   30         a sample copy of the service agreement prior to the
   31         sale of a service agreement; amending s. 634.301,
   32         F.S.; revising certain definitions relating to home
   33         warranties; amending s. 634.303, F.S.; providing that
   34         it is a first-degree misdemeanor for a person without
   35         a subsisting license to provide or offer to provide
   36         home warranties; amending s. 634.308, F.S.; providing
   37         an exception to certain grounds for licensure
   38         suspension or revocation; amending s. 634.312, F.S.;
   39         deleting a requirement that certain home warranty
   40         agreement forms be approved by the office; amending s.
   41         634.3123, F.S.; authorizing the office to order a home
   42         warranty association to stop using forms that do not
   43         comply with specified requirements; amending s.
   44         634.314, F.S.; providing guidelines for the office to
   45         use in determining whether to examine an association;
   46         amending s. 634.3205, F.S.; requiring certain rebates
   47         to be approved by the association issuing a service
   48         agreement; amending s. 634.336, F.S.; requiring that a
   49         consumer receive a sample copy of the service
   50         agreement prior to the sale of a service agreement;
   51         amending s. 634.344, F.S.; prohibiting certain
   52         coercive actions relating to the sale of a home
   53         warranty in connection with the lending of money;
   54         amending s. 634.401, F.S.; redefining the term
   55         “indemnify”; amending s. 634.403, F.S.; providing that
   56         it is a first-degree misdemeanor for a person without
   57         a subsisting license to provide or offer to provide
   58         service warranties; amending s. 634.406, F.S.,
   59         relating to financial requirements; conforming a
   60         cross-reference; amending s. 634.414, F.S.; deleting a
   61         requirement that certain service warranty forms be
   62         approved by the office; deleting certain requirements
   63         relating to the display of the issuing association’s
   64         name on literature; amending s. 634.4145, F.S.;
   65         authorizing the office to order a service warranty
   66         association to stop using forms that do not comply
   67         with specified requirements; amending s. 634.415,
   68         F.S.; deleting a requirement that associations file
   69         certain quarterly statements and special reports;
   70         amending s. 634.416, F.S.; providing guidelines for
   71         the office to use in determining whether to examine a
   72         service warranty association; amending s. 634.4225,
   73         F.S.; requiring certain rebates to be approved by the
   74         association issuing a service warranty; amending s.
   75         634.436, F.S.; requiring that a consumer receive a
   76         sample copy of the service agreement prior to the sale
   77         of a service agreement; repealing s. 634.1216, F.S.,
   78         relating to required rate filings; repealing s.
   79         634.136(2) and (3), F.S., relating to certain records
   80         required to be maintained by motor vehicle service
   81         contract companies; repealing s. 634.3126, F.S.,
   82         relating to required rate filings; repealing s.
   83         634.313(4), F.S., relating to required reports
   84         relating to taxes on premiums; providing an effective
   85         date.
   86  
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. Subsection (1) of section 628.4615, Florida
   90  Statutes, is amended to read:
   91         628.4615 Specialty insurers; acquisition of controlling
   92  stock, ownership interest, assets, or control; merger or
   93  consolidation.—
   94         (1) For the purposes of this section, the term “specialty
   95  insurer” means any person holding a license or certificate of
   96  authority as:
   97         (a) A motor vehicle service agreement company authorized to
   98  issue motor vehicle service agreements as those terms are
   99  defined in s. 634.011;
  100         (b) A home warranty association authorized to issue “home
  101  warranties” as those terms are defined in s. 634.301(2) and (3)
  102  s. 634.301(3) and (4);
  103         (c) A service warranty association authorized to issue
  104  “service warranties” as those terms are defined in s.
  105  634.401(13) and (14);
  106         (d) A prepaid limited health service organization
  107  authorized to issue prepaid limited health service contracts, as
  108  those terms are defined in chapter 636;
  109         (e) An authorized health maintenance organization operating
  110  pursuant to s. 641.21;
  111         (f) An authorized prepaid health clinic operating pursuant
  112  to s. 641.405;
  113         (g) A legal expense insurance corporation authorized to
  114  engage in a legal expense insurance business pursuant to s.
  115  642.021;
  116         (h) A provider which is licensed to operate a facility
  117  which undertakes to provide continuing care as those terms are
  118  defined in s. 651.011(2), (4), (5), and (6);
  119         (i) A multiple-employer welfare arrangement operating
  120  pursuant to ss. 624.436-624.446;
  121         (j) A premium finance company authorized to finance
  122  insurance premiums pursuant to s. 627.828; or
  123         (k) A corporation authorized to accept donor annuity
  124  agreements pursuant to s. 627.481.
  125         Section 2. Subsection (8) of section 634.011, Florida
  126  Statutes, is amended to read:
  127         634.011 Definitions.—As used in this part, the term:
  128         (8) “Motor vehicle service agreement” or “service
  129  agreement” means any contract or agreement indemnifying the
  130  service agreement holder for the motor vehicle listed on the
  131  service agreement and arising out of the ownership, operation,
  132  and use of the motor vehicle against loss caused by failure of
  133  any mechanical or other component part, or any mechanical or
  134  other component part that does not function as it was originally
  135  intended; however, nothing in this part shall prohibit or affect
  136  the giving, free of charge, of the usual performance guarantees
  137  by manufacturers or dealers in connection with the sale of motor
  138  vehicles. Transactions exempt under s. 624.125 are expressly
  139  excluded from this definition and are exempt from the provisions
  140  of this part. Service agreements that are sold to persons other
  141  than consumers are excluded from this definition and are exempt
  142  from regulation under the Florida Insurance Code. The term
  143  “motor vehicle service agreement” includes any contract or
  144  agreement that provides:
  145         (a) For the coverage or protection defined in this
  146  subsection and which is issued or provided in conjunction with
  147  an additive product applied to the motor vehicle that is the
  148  subject of such contract or agreement;
  149         (b) For payment of vehicle protection expenses.
  150         1.a. “Vehicle protection expenses” means a preestablished
  151  flat amount payable for the loss of or damage to a vehicle or
  152  expenses incurred by the service agreement holder for loss or
  153  damage to a covered vehicle, including, but not limited to,
  154  applicable deductibles under a motor vehicle insurance policy;
  155  temporary vehicle rental expenses; expenses for a replacement
  156  vehicle that is at least the same year, make, and model of the
  157  stolen motor vehicle; sales taxes or registration fees for a
  158  replacement vehicle that is at least the same year, make, and
  159  model of the stolen vehicle; or other incidental expenses
  160  specified in the agreement.
  161         b. “Vehicle protection product” means a product or system
  162  installed or applied to a motor vehicle or designed to prevent
  163  the theft of the motor vehicle or assist in the recovery of the
  164  stolen motor vehicle.
  165         2. Vehicle protection expenses shall be payable in the
  166  event of loss or damage to the vehicle as a result of the
  167  failure of the vehicle protection product to prevent the theft
  168  of the motor vehicle or to assist in the recovery of the stolen
  169  motor vehicle. Vehicle protection expenses covered under the
  170  agreement shall be clearly stated in the service agreement form,
  171  unless the agreement provides for the payment of a
  172  preestablished flat amount, in which case the service agreement
  173  form shall clearly identify such amount.
  174         3. Motor vehicle service agreements providing for the
  175  payment of vehicle protection expenses shall either:
  176         a. Reimburse a service agreement holder for the following
  177  expenses, at a minimum: deductibles applicable to comprehensive
  178  coverage under the service agreement holder’s motor vehicle
  179  insurance policy; temporary vehicle rental expenses; sales taxes
  180  and registration fees on a replacement vehicle that is at least
  181  the same year, make, and model of the stolen motor vehicle; and
  182  the difference between the benefits paid to the service
  183  agreement holder for the stolen vehicle under the service
  184  agreement holder’s comprehensive coverage and the actual cost of
  185  a replacement vehicle that is at least the same year, make, and
  186  model of the stolen motor vehicle; or
  187         b. Pay a preestablished flat amount to the service
  188  agreement holder.
  189  
  190  Payments shall not duplicate any benefits or expenses paid to
  191  the service agreement holder by the insurer providing
  192  comprehensive coverage under a motor vehicle insurance policy
  193  covering the stolen motor vehicle; however, the payment of
  194  vehicle protection expenses at a preestablished flat amount of
  195  $5,000 or less does not duplicate any benefits or expenses
  196  payable under any comprehensive motor vehicle insurance policy;
  197  or
  198         (c)1. For the payment for paintless dent-removal services
  199  provided by a company whose primary business is providing such
  200  services.
  201         2. “Paintless dent-removal” means the process of removing
  202  dents, dings, and creases, including hail damage, from a vehicle
  203  without affecting the existing paint finish, but does not
  204  include services that involve the replacement of vehicle body
  205  panels or sanding, bonding, or painting.
  206         Section 3. Subsection (7) is added to section 634.031,
  207  Florida Statutes, to read:
  208         634.031 License required.—
  209         (7) Any person who violates this section commits, in
  210  addition to any other violation, a misdemeanor of the first
  211  degree, punishable as provided in s. 775.082 or s. 775.083.
  212         Section 4. Paragraph (b) of subsection (8) and paragraph
  213  (b) of subsection (11) of section 634.041, Florida Statutes, are
  214  amended to read:
  215         634.041 Qualifications for license.—To qualify for and hold
  216  a license to issue service agreements in this state, a service
  217  agreement company must be in compliance with this part, with
  218  applicable rules of the commission, with related sections of the
  219  Florida Insurance Code, and with its charter powers and must
  220  comply with the following:
  221         (8)
  222         (b) A service agreement company does not have to establish
  223  and maintain an unearned premium reserve if it purchases and
  224  maintains contractual liability insurance in accordance with the
  225  following:
  226         1. The insurance covers 100 percent of its claim exposure
  227  and is obtained from an insurer approved by the office which
  228  holds a certificate of authority to do business within this
  229  state.
  230         2. If the service agreement company does not meet its
  231  contractual obligations, the contractual liability insurance
  232  policy binds its issuer to pay or cause to be paid to the
  233  service agreement holder all legitimate claims and cancellation
  234  refunds for all service agreements issued by the service
  235  agreement company while the policy was in effect. This
  236  requirement also applies to those service agreements for which
  237  no premium has been remitted to the insurer.
  238         3. If the issuer of the contractual liability policy is
  239  fulfilling the service agreements covered by the contractual
  240  liability policy and the service agreement holder cancels the
  241  service agreement, the issuer must make a full refund of
  242  unearned premium to the consumer, subject to the cancellation
  243  fee provisions of s. 634.121(3) s. 634.121(5). The sales
  244  representative and agent must refund to the contractual
  245  liability policy issuer their unearned pro rata commission.
  246         4. The policy may not be canceled, terminated, or
  247  nonrenewed by the insurer or the service agreement company
  248  unless a 90-day written notice thereof has been given to the
  249  office by the insurer before the date of the cancellation,
  250  termination, or nonrenewal.
  251         5. The service agreement company must provide the office
  252  with the claims statistics.
  253  
  254  All funds or premiums remitted to an insurer by a motor vehicle
  255  service agreement company under this part shall remain in the
  256  care, custody, and control of the insurer and shall be counted
  257  as an asset of the insurer; provided, however, this requirement
  258  does not apply when the insurer and the motor vehicle service
  259  agreement company are affiliated companies and members of an
  260  insurance holding company system. If the motor vehicle service
  261  agreement company chooses to comply with this paragraph but also
  262  maintains a reserve to pay claims, such reserve shall only be
  263  considered an asset of the covered motor vehicle service
  264  agreement company and may not be simultaneously counted as an
  265  asset of any other entity.
  266         (11)
  267         (b) Notwithstanding any other requirement of this part, a
  268  service agreement company maintaining an unearned premium
  269  reserve on all service agreements in accordance with paragraph
  270  (8)(a) may offer service agreements providing vehicle protection
  271  expenses if it maintains contractual liability insurance only on
  272  all service agreements providing vehicle protection expenses and
  273  continues to maintain the 50-percent reserve for all service
  274  agreements not providing vehicle protection expenses. A service
  275  agreement company maintaining contractual liability insurance
  276  for all service agreements providing vehicle protection expenses
  277  and the 50-percent reserve for all other service agreements
  278  must, in the service agreement register as required under s.
  279  634.136(2) s. 634.136(4), distinguish between insured service
  280  agreements providing vehicle protection expenses and service
  281  agreements not providing vehicle protection expenses.
  282         Section 5. Section 634.095, Florida Statutes, is amended to
  283  read:
  284         634.095 Prohibited acts.—Any service agreement company or
  285  salesperson that engages in one or more of the following acts
  286  is, in addition to any applicable denial, suspension,
  287  revocation, or refusal to renew or continue any appointment or
  288  license, guilty of a misdemeanor of the second degree,
  289  punishable as provided in s. 775.082 or s. 775.083:
  290         (1) No salesperson or agent who participates in or
  291  influences the processing, administration, or adjustment of
  292  claims shall enter into any agreement or understanding in which
  293  the effect is to make the amount of any salesperson’s or agent’s
  294  commission contingent upon savings effected in the adjustment,
  295  settlement, and payment of losses covered by the service
  296  agreement company’s or insurer’s service agreement. Any
  297  agreement or understanding now existing is declared unlawful and
  298  shall be terminated immediately.
  299         (2) Offering or attempting to offer the service agreement
  300  holder a return of all or a portion of the premium paid if the
  301  service agreement holder does not file any claims or files a
  302  limited number of claims or files claims the dollar amount of
  303  which does not exceed a set amount or percentage.
  304         (3) Issuing or causing to be issued any advertisement
  305  which:
  306         (a) Does not fully disclose in boldfaced type the name,
  307  address, and license number of the service agreement company.
  308         (b) In any respect is in violation of or does not comply
  309  with this part, applicable provisions of the Florida Insurance
  310  Code, or applicable rule of the commission.
  311         (c) Is ambiguous, misleading, or deceptive.
  312         (d)Is false, deceptive, or misleading with respect to:
  313         1. The service agreement company’s affiliation with a motor
  314  vehicle manufacturer;
  315         2. The service agreement company’s possession of
  316  information regarding a motor vehicle owner’s current motor
  317  vehicle manufacturer’s original equipment warranty;
  318         3. The expiration of a motor vehicle owner’s current motor
  319  vehicle manufacturer’s original equipment warranty; or
  320         4. Any requirement that the motor vehicle owner register
  321  for a new motor vehicle service agreement with the company in
  322  order to maintain coverage under the current motor vehicle
  323  service agreement or manufacturer’s original equipment warranty.
  324         (4) Denying claims for lack of service or maintenance on
  325  component parts that do not require servicing or routine
  326  maintenance or are unrelated to servicing.
  327         (5) Requiring that the purchaser or insured agree to
  328  purchase noninsurance services, commodities, or other insurance
  329  including automobile services as specified in s. 624.124 or
  330  exempt motor vehicle service agreements specified in s. 624.125.
  331         (6) The practice, known as sliding, by any person whereby
  332  the person:
  333         (a) Represents to the applicant that a specific ancillary
  334  coverage or product is required by law in conjunction with the
  335  purchase of a service agreement, when in fact the specific
  336  ancillary coverage or product is not required;
  337         (b) Represents to the applicant that a specific ancillary
  338  coverage or product is included in the service agreement applied
  339  for without an additional charge, when in fact an additional
  340  charge is applied; or
  341         (c) Charges an applicant for a specific ancillary coverage
  342  or product, over and above the cost of the service coverage
  343  applied for, without the informed consent of the applicant.
  344         (7)Remitting premiums received on motor vehicle service
  345  agreements sold to any person other than the licensed service
  346  agreement company that is obligated to perform thereunder, if
  347  the agreement between such company and the salesperson requires
  348  that premiums be submitted directly to the service agreement
  349  company.
  350         Section 6. Section 634.121, Florida Statutes, is amended to
  351  read:
  352         634.121 Filing of Forms, required procedures, provisions.—
  353         (1)A service agreement form or related form may not be
  354  issued or used in this state unless it has been filed with and
  355  approved by the office. Upon application for a license, the
  356  office shall require the applicant to submit for approval each
  357  brochure, pamphlet, circular, form letter, advertisement, or
  358  other sales literature or advertising communication addressed or
  359  intended for distribution. The office shall disapprove any
  360  document which is untrue, deceptive, or misleading or which
  361  contains misrepresentations or omissions of material facts.
  362         (a)After an application has been approved, a licensee is
  363  not required to submit brochures or advertisement to the office
  364  for approval; however, a licensee may not have published, and a
  365  person may not publish, any brochure or advertisement which is
  366  untrue, deceptive, or misleading or which contains
  367  misrepresentations or omissions of material fact.
  368         (b)For purposes of this section, brochures and advertising
  369  includes, but is not limited to, any report, circular, public
  370  announcement, certificate, or other printed matter or
  371  advertising material which is designed or used to solicit or
  372  induce any persons to enter into any motor vehicle service
  373  agreement.
  374         (c)The office shall disapprove any service agreement form
  375  providing vehicle protection expenses which does not clearly
  376  indicate either the method for calculating the benefit to be
  377  paid or provided to the service agreement holder or the
  378  preestablished flat amount payable pursuant to the terms of the
  379  service agreement. All service agreement forms providing vehicle
  380  protection expenses shall clearly indicate the term of the
  381  service agreement, whether new or used cars are eligible for the
  382  vehicle protection product, and that the service agreement
  383  holder may not make any claim against the Florida Insurance
  384  Guarantee Association for vehicle protection expenses. The
  385  service agreement shall be provided to a service agreement
  386  holder on a form that provides only vehicle protection expenses.
  387  A service agreement form providing vehicle protection expenses
  388  must state that the service agreement holder must have in force
  389  at the time of loss comprehensive motor vehicle insurance
  390  coverage as a condition precedent to requesting payment of
  391  vehicle protection expenses.
  392         (2)Every filing required under this section must be made
  393  not less than 30 days in advance of issuance or use. At the
  394  expiration of 30 days from the date of filing, a form so filed
  395  becomes approved unless prior thereto it has been affirmatively
  396  disapproved by written notice of the office. The office may
  397  extend by not more than an additional 15 days the period within
  398  which it may affirmatively approve or disapprove any form by
  399  giving notice of extension before the expiration of the initial
  400  30-day period. At the expiration of any period as so extended
  401  and in the absence of prior affirmative disapproval, the form
  402  becomes approved.
  403         (1)(3) Before the sale of any service agreement, written
  404  notice must be given to the prospective purchaser by the service
  405  agreement company or its agent or salesperson, on an office
  406  approved form, that purchase of the service agreement is not
  407  required in order to purchase or obtain financing for a motor
  408  vehicle.
  409         (2)(4) All motor vehicle service agreements are assignable
  410  in a consumer transaction and must contain a statement in
  411  conspicuous, boldfaced type, informing the purchaser of the
  412  service agreement of her or his right to assign it to a
  413  subsequent retail purchaser of the motor vehicle covered by the
  414  service agreement and all conditions on such right of transfer.
  415  The assignment must occur within a period of time specified in
  416  the agreement, which period may not expire earlier than 15 days
  417  after the date of the sale or transfer of the motor vehicle. The
  418  service agreement company may charge an assignment fee not to
  419  exceed $40.
  420         (3)(5)(a) Each service agreement must contain a
  421  cancellation provision. Any service agreement is cancelable by
  422  the purchaser within 60 days after purchase. The refund must be
  423  100 percent of the gross premium paid, less any claims paid on
  424  the agreement. A reasonable administrative fee may be charged
  425  not to exceed 5 percent of the gross premium paid by the
  426  agreement holder.
  427         (b) After the service agreement has been in effect for 60
  428  days, it may not be canceled by the insurer or service agreement
  429  company unless:
  430         1. There has been a material misrepresentation or fraud at
  431  the time of sale of the service agreement;
  432         2. The agreement holder has failed to maintain the motor
  433  vehicle as prescribed by the manufacturer;
  434         3. The odometer has been tampered with or disabled and the
  435  agreement holder has failed to repair the odometer; or
  436         4. For nonpayment of premium by the agreement holder, in
  437  which case the service agreement company shall provide the
  438  agreement holder notice of cancellation by certified mail.
  439  
  440  If the service agreement is canceled by the insurer or service
  441  agreement company, the return of premium must not be less than
  442  100 percent of the paid unearned pro rata premium, less any
  443  claims paid on the agreement. If, after 60 days, the service
  444  agreement is canceled by the service agreement holder, the
  445  insurer or service agreement company shall return directly to
  446  the agreement holder not less than 90 percent of the unearned
  447  pro rata premium, less any claims paid on the agreement. The
  448  service agreement company remains responsible for full refunds
  449  to the consumer on canceled service agreements. However, the
  450  salesperson and agent are responsible for the refund of the
  451  unearned pro rata commission. A service agreement company may
  452  effectuate refunds through the issuing salesperson or agent.
  453         (4)(6) If the service agreement is canceled, pursuant to an
  454  order of liquidation, the salesperson or agent is responsible
  455  for refunding, and must refund, to the receiver the unearned pro
  456  rata commission.
  457         (5)(7) If a service agreement company violates any lawful
  458  order of the office or fails to meet its contractual obligations
  459  under this part, upon notice from the office, the sales
  460  representative or agent must refund to the service agreement
  461  holder the unearned pro rata commission, unless the sales
  462  representative or agent has made other arrangements,
  463  satisfactory to the office, with the service agreement holder.
  464         (6)(8) Each service agreement, which includes a copy of the
  465  application form, must be mailed or delivered to the agreement
  466  holder within 45 days after the date of purchase.
  467         (7)(9) Each service agreement form must contain in
  468  conspicuous, boldfaced type any statement or clause that places
  469  restrictions or limitations on the benefits offered or disclose
  470  such restrictions or limitations in regular type in a section of
  471  the service agreement containing a conspicuous, boldfaced type
  472  heading.
  473         (8)(10) If an insurer or service agreement company intends
  474  to use or require the use of remanufactured or used replacement
  475  parts, each service agreement form as well as all service
  476  agreement brochures must contain in conspicuous, boldfaced type
  477  a statement to that effect.
  478         (9)(11) Each service agreement form as well as all service
  479  agreement company sales brochures must clearly identify the
  480  name, address, and Florida license number of the licensed
  481  insurer or service agreement company.
  482         (10)(12) If a service agreement contains a rental car
  483  provision, it must disclose the terms and conditions of this
  484  benefit in conspicuous, boldfaced type or disclose such
  485  restrictions or limitations in regular type in a section of the
  486  service agreement containing a conspicuous, boldfaced type
  487  heading.
  488         Section 7. Section 634.1213, Florida Statutes, is amended
  489  to read:
  490         634.1213 Noncompliant forms Grounds for disapproval.—The
  491  office may order a service agreement company to stop using
  492  disapprove any service agreement form that or service agreement
  493  company sales brochures filed under s. 634.121, or withdraw any
  494  previous approval thereof, if the form or brochure:
  495         (1) Is in any respect in violation of or does not comply
  496  with this part, any applicable provision of the Florida
  497  Insurance Code, or any applicable rule of the office commission.
  498         (2) Contains or incorporates by reference when such
  499  incorporation is otherwise permissible, any inconsistent,
  500  ambiguous, or misleading clauses, or exceptions and conditions
  501  which deceptively affect the risk purported to be assumed in the
  502  general coverage of the service agreement.
  503         (3) Has any title, heading, or other indication of its
  504  provisions which is misleading.
  505         (4) Is printed or otherwise reproduced in such manner as to
  506  render any material provision of the form substantially
  507  illegible.
  508         (5) Contains any provision which is unfair or inequitable
  509  or which encourages misrepresentation.
  510         (6) Contains any provision which makes it difficult to
  511  determine the actual insurer or service agreement company
  512  issuing the form.
  513         (7) Contains any provision for reducing claim payments due
  514  to depreciation of parts, except for marine engines.
  515         Section 8. Subsection (1) of section 634.137, Florida
  516  Statutes, is amended to read:
  517         634.137 Financial and statistical reporting requirements.—
  518         (1) Each service agreement company shall, by March 1 of
  519  each year, submit to the office annual financial reports on
  520  forms prescribed by the commission and furnished by the office.
  521  as follows:
  522         (a)Reports for a period ending December 31 are due by
  523  March 1.
  524         (b)Reports for a period ending March 31 are due by May 15.
  525         (c)Reports for a period ending June 30 are due by August
  526  15.
  527         (d)Reports for a period ending September 30 are due by
  528  November 15.
  529         Section 9. Section 634.141, Florida Statutes, is amended to
  530  read:
  531         634.141 Examination of companies.—
  532         (1) Motor vehicle service agreement companies licensed
  533  under this part may shall be subject to periodic examination by
  534  the office in the same manner and subject to the same terms and
  535  conditions as applies to insurers under part II of chapter 624.
  536  The commission may by rule establish provisions whereby a
  537  company may be exempted from examination.
  538         (2) The office shall determine whether to conduct an
  539  examination of a company by considering:
  540         (a) The amount of time that the company has been
  541  continuously licensed and operating under the same management
  542  and control;
  543         (b) The company’s history of compliance with applicable
  544  law;
  545         (c)The number of consumer complaints against the company;
  546  and
  547         (d) The financial condition of the company, demonstrated by
  548  the financial reports submitted pursuant to s. 634.137.
  549         Section 10. Paragraph (b) of subsection (1) of section
  550  634.1815, Florida Statutes, is amended to read:
  551         634.1815 Rebating; when allowed.—
  552         (1) No salesperson shall rebate any portion of his or her
  553  commission except as follows:
  554         (b) The rebate shall be in accordance with a rebating
  555  schedule filed with and approved by the salesperson with the
  556  service agreement company issuing the service agreement to which
  557  the rebate applies. The service agreement company shall maintain
  558  a copy of all rebating schedules for a period of 3 years.
  559         Section 11. Subsection (13) of section 634.282, Florida
  560  Statutes, is amended, and subsection (17) is added to that
  561  section, to read:
  562         634.282 Unfair methods of competition and unfair or
  563  deceptive acts or practices defined.—The following methods,
  564  acts, or practices are defined as unfair methods of competition
  565  and unfair or deceptive acts or practices:
  566         (13) ILLEGAL DEALINGS IN PREMIUMS; EXCESS OR REDUCED
  567  CHARGES FOR MOTOR VEHICLE SERVICE AGREEMENTS.—
  568         (a) Knowingly collecting any sum as a premium or charge for
  569  a motor vehicle service agreement, which is not then provided,
  570  or is not in due course to be provided, subject to acceptance of
  571  the risk by a service agreement company or an insurer, by a
  572  motor vehicle service agreement issued by a service agreement
  573  company or an insurer as permitted by this part.
  574         (b) Knowingly collecting as a premium or charge for a motor
  575  vehicle service agreement any sum in excess of or less than the
  576  premium or charge applicable to such motor vehicle service
  577  agreement, in accordance with the applicable classifications and
  578  rates as filed with the office, and as specified in the motor
  579  vehicle service agreement. However, there is no violation of
  580  this subsection if excess premiums or charges are refunded to
  581  the service agreement holder within 45 days after receipt of the
  582  agreement by the service agreement company or if the licensed
  583  sales representative’s commission is reduced by the amount of
  584  any premium undercharge.
  585         (17) FAILURE TO PROVIDE TERMS AND CONDITIONS PRIOR TO
  586  SALE.—
  587         (a) Failing to provide a consumer with a complete sample
  588  copy of the terms and conditions of the service agreement prior
  589  to the time of sale upon a request for the same by the consumer.
  590         (b) A service agreement company may comply with this
  591  provision by providing the consumer with a sample copy of the
  592  terms and conditions of the service agreement or by directing
  593  the consumer to a website that displays a complete sample of the
  594  terms and conditions of the service agreement.
  595  
  596  No provision of this section shall be deemed to prohibit a
  597  service agreement company or a licensed insurer from giving to
  598  service agreement holders, prospective service agreement
  599  holders, and others for the purpose of advertising, any article
  600  of merchandise having a value of not more than $25.
  601         Section 12. Section 634.301, Florida Statutes, as amended
  602  by section 1 of chapter 2007-235, Laws of Florida, is amended to
  603  read:
  604         634.301 Definitions.—As used in this part, the term:
  605         (1) “Gross written premiums” means the total amount of
  606  premiums, paid for the entire period of the home warranty,
  607  inclusive of commissions, for which the association is obligated
  608  under home warranties issued.
  609         (2)“Home improvement” means major remodeling, enclosure of
  610  a garage, addition of a room, addition of a pool, and other like
  611  items that add value to the residential property. The term does
  612  not include normal maintenance for items such as painting,
  613  reroofing, and other like items subject to normal wear and tear.
  614         (2)(3) “Home warranty” or “warranty” means any contract or
  615  agreement:
  616         (a)Offered in connection with the sale of residential
  617  property;
  618         (b)Offered in connection with a loan of $5,000 or more
  619  which is secured by residential property that is the subject of
  620  the warranty, but not in connection with the sale of such
  621  property;
  622         (c)Offered in connection with a home improvement of $7,500
  623  or more for residential property that is the subject of the
  624  warranty, but not in connection with the sale of such property;
  625  or
  626         (d)Offered in connection with a home inspection service as
  627  defined under s. 468.8311(4) or a mold assessment as defined
  628  under s. 468.8411(3);
  629  
  630  whereby a person undertakes to indemnify the warranty holder
  631  against the cost of repair or replacement, or actually furnishes
  632  repair or replacement, of any structural component or appliance
  633  of a home, necessitated by wear and tear or an inherent defect
  634  of any such structural component or appliance or necessitated by
  635  the failure of an inspection to detect the likelihood of any
  636  such loss. However, this part does not prohibit the giving of
  637  usual performance guarantees by either the builder of a home or
  638  the manufacturer or seller of an appliance, as long as no
  639  identifiable charge is made for such guarantee. This part does
  640  not permit the provision of indemnification against
  641  consequential damages arising from the failure of any structural
  642  component or appliance of a home, which practice constitutes the
  643  transaction of insurance subject to all requirements of the
  644  insurance code. This part does not apply to service contracts
  645  entered into between consumers and nonprofit organizations or
  646  cooperatives the members of which consist of condominium
  647  associations and condominium owners and which perform repairs
  648  and maintenance for appliances or maintenance of the residential
  649  property. This part does not apply to a contract or agreement
  650  offered in connection with a sale of residential property by a
  651  warranty association in compliance with part III, provided such
  652  contract or agreement only relates to the systems and appliances
  653  of the covered residential property and does not cover any
  654  structural component of the residential property.
  655         (3)(4) “Home warranty association” means any corporation or
  656  any other organization, other than an authorized insurer,
  657  issuing home warranties.
  658         (4)(5) “Impaired” means having liabilities in excess of
  659  assets.
  660         (5)(6) “Insolvent” means the inability of a corporation to
  661  pay its debts as they become due in the usual course of its
  662  business.
  663         (6)(7) “Insurance code” means the Florida Insurance Code.
  664         (7)(8) “Insurer” means any property or casualty insurer
  665  duly authorized to transact such business in this state.
  666         (8)(9) “Listing period” means the period of time
  667  residential property is listed for sale with a licensed real
  668  estate broker, beginning on the date the residence is first
  669  listed for sale and ending on either the date the sale of the
  670  residence is closed, the date the residence is taken off the
  671  market, or the date the listing contract with the real estate
  672  broker expires.
  673         (9)(10) “Net assets” means the amount by which the total
  674  statutory assets of an association exceed the total liabilities
  675  of the association.
  676         (10)(11) “Person” includes an individual, company,
  677  corporation, association, insurer, agent, and every other legal
  678  entity.
  679         (11)(12) “Premium” means the total consideration received,
  680  or to be received, by an insurer or home warranty association
  681  for or related to the issuance and delivery of any binder or
  682  warranty, including any charges designated as assessments or
  683  fees for policies, surveys, inspections, or service or any other
  684  charges.
  685         (12)(13) “Sales representative” means any person with whom
  686  an insurer or home inspection or warranty association has a
  687  contract and who is utilized by such insurer or association for
  688  the purpose of selling or issuing home warranties. The term
  689  includes all employees of an insurer or association engaged
  690  directly in the sale or issuance of home warranties.
  691         (13)(14) “Structural component” means the roof, plumbing
  692  system, electrical system, foundation, basement, walls,
  693  ceilings, or floors of a home.
  694         Section 13. Subsection (4) is added to section 634.303,
  695  Florida Statutes, to read:
  696         634.303 License required.—
  697         (4) Any person who provides, offers to provide, or holds
  698  oneself out as providing or offering to provide home warranties
  699  in this state or from this state without holding a subsisting
  700  license commits, in addition to any other violation, a
  701  misdemeanor of the first degree, punishable as provided in s.
  702  775.082 or s. 775.083.
  703         Section 14. Paragraph (f) of subsection (2) of section
  704  634.308, Florida Statutes, is amended to read:
  705         634.308 Grounds for suspension or revocation of license.—
  706         (2) The license of any home warranty association shall be
  707  suspended, revoked, or not renewed if it is determined that such
  708  association:
  709         (f) Has issued warranty contracts which renewal contracts
  710  provide that the cost of renewal exceeds the then-current cost
  711  for new warranty contracts, unless the increase is supported by
  712  the claims history or claims cost data, or impose a fee for
  713  inspection of the premises.
  714         Section 15. Section 634.312, Florida Statutes, is amended
  715  to read:
  716         634.312 Forms; required provisions and procedures Filing;
  717  approval of forms.—
  718         (1)No warranty form or related form shall be issued or
  719  used in this state unless it has been filed with and approved by
  720  the office. Also upon application for a license, the office
  721  shall require the applicant to submit for approval each
  722  brochure, pamphlet, circular, form letter, advertisement, or
  723  other sales literature or advertising communication addressed or
  724  intended for distribution. Approval of the application
  725  constitutes approval of such documents, unless the applicant has
  726  consented otherwise in writing. The office shall disapprove any
  727  document which is untrue, deceptive, or misleading or which
  728  contains misrepresentations or omissions of material facts.
  729         (a)After an application has been approved, a licensee is
  730  not required to submit brochures or advertisement to the office
  731  for approval; however, a licensee may not have published, and a
  732  person may not publish, any brochure or advertisement which is
  733  untrue, deceptive, or misleading or which contains
  734  misrepresentations or omissions of material fact.
  735         (b)For purposes of this section, brochures and advertising
  736  includes, but is not limited to, any report, circular, public
  737  announcement, certificate, or other printed matter or
  738  advertising material which is designed or used to solicit or
  739  induce any persons to enter into any home warranty agreement.
  740         (2)Every such filing shall be made not less than 30 days
  741  in advance of issuance or use. At the expiration of 30 days from
  742  date of filing, a form so filed shall be deemed approved unless
  743  prior thereto it has been affirmatively approved or disapproved
  744  by written order of the office.
  745         (3)The office shall not approve any such form that imposes
  746  a fee for inspection of the premises.
  747         (1)(4) All home warranty contracts are assignable in a
  748  consumer transaction and must contain a statement informing the
  749  purchaser of the home warranty of her or his right to assign it,
  750  at least within 15 days from the date the home is sold or
  751  transferred, to a subsequent retail purchaser of the home
  752  covered by the home warranty and all conditions on such right of
  753  transfer. The home warranty company may charge an assignment fee
  754  not to exceed $40. Home warranty assignments include, but are
  755  not limited to, the assignment from a home builder who purchased
  756  the home warranty to a subsequent home purchaser.
  757         (2)(5) Subject to the insurer’s or home warranty
  758  association’s requirement as to payment of premium, every home
  759  warranty shall be mailed or delivered to the warranty holder not
  760  later than 45 days after the effectuation of coverage, and the
  761  application is part of the warranty contract document.
  762         (3)(6) All home warranty contracts must state in
  763  conspicuous, boldfaced type that the home warranty may not
  764  provide listing period coverage free of charge.
  765         (4)(7) All home warranty contracts must disclose any
  766  exclusions, restrictions, or limitations on the benefits offered
  767  or the coverage provided by the home warranty contract in
  768  boldfaced type, and must contain, in boldfaced type, a statement
  769  on the front page of the contract substantially similar to the
  770  following: “Certain items and events are not covered by this
  771  contract. Please refer to the exclusions listed on page .... of
  772  this document.”
  773         (5)(8) Each home warranty contract shall contain a
  774  cancellation provision. Any home warranty agreement may be
  775  canceled by the purchaser within 10 days after purchase. The
  776  refund must be 100 percent of the gross premium paid, less any
  777  claims paid on the agreement. A reasonable administrative fee
  778  may be charged, not to exceed 5 percent of the gross premium
  779  paid by the warranty agreement holder. After the home warranty
  780  agreement has been in effect for 10 days, if the contract is
  781  canceled by the warranty holder, a return of premium shall be
  782  based upon 90 percent of unearned pro rata premium less any
  783  claims that have been paid. If the contract is canceled by the
  784  association for any reason other than for fraud or
  785  misrepresentation, a return of premium shall be based upon 100
  786  percent of unearned pro rata premium, less any claims paid on
  787  the agreement.
  788         Section 16. Section 634.3123, Florida Statutes, is amended
  789  to read:
  790         634.3123 Noncompliant Grounds for disapproval of forms.—The
  791  office may order a home warranty association to stop using any
  792  contract shall disapprove any form that filed under s. 634.312
  793  or withdraw any previous approval if the form:
  794         (1) Is in violation of or does not comply with this part.
  795         (2) Contains or incorporates by reference, when such
  796  incorporation is otherwise permissible, any inconsistent,
  797  ambiguous, or misleading clauses or exceptions or conditions
  798  which deceptively affect the risk purported to be assumed in the
  799  general coverage of the contract.
  800         (3) Has any title, heading, or other indication of its
  801  provisions which is misleading.
  802         (4) Is printed or otherwise reproduced in such a manner as
  803  to render any material provision of the form illegible.
  804         (5) Provides that the cost of renewal exceeds the then
  805  current cost for new warranty contracts, unless the increase is
  806  supported by the claims history or claims cost data, or impose a
  807  fee for inspection of the premises.
  808         Section 17. Section 634.314, Florida Statutes, is amended
  809  to read:
  810         634.314 Examination of associations.—
  811         (1) Home warranty associations licensed under this part may
  812  shall be subject to periodic examinations by the office, in the
  813  same manner and subject to the same terms and conditions as
  814  apply to insurers under part II of chapter 624 of the insurance
  815  code.
  816         (2) The office shall determine whether to conduct an
  817  examination of a home warranty association by considering:
  818         (a) The amount of time that the association has been
  819  continuously licensed and operating under the same management
  820  and control;
  821         (b) The association’s history of compliance with applicable
  822  law;
  823         (c)The number of consumer complaints against the
  824  association; and
  825         (d) The financial condition of the association,
  826  demonstrated by the financial reports submitted pursuant to s.
  827  634.313.
  828         Section 18. Paragraph (b) of subsection (1) of section
  829  634.3205, Florida Statutes, is amended to read:
  830         634.3205 Rebating; when allowed.—
  831         (1) No sales representative shall rebate any portion of his
  832  or her commission except as follows:
  833         (b) The rebate shall be in accordance with a rebating
  834  schedule filed with and approved by the sales representative
  835  with the home warranty association issuing the home warranty to
  836  which the rebate applies. The home warranty association shall
  837  maintain a copy of all rebating schedules for a period of 3
  838  years.
  839         Section 19. Subsection (8) of section 634.336, Florida
  840  Statutes, is amended, and subsection (9) is added to that
  841  section, to read:
  842         634.336 Unfair methods of competition and unfair or
  843  deceptive acts or practices defined.—The following methods,
  844  acts, or practices are defined as unfair methods of competition
  845  and unfair or deceptive acts or practices:
  846         (8) COERCION OF DEBTORS.—When a home warranty is sold as
  847  authorized by s. 634.301(3)(b):
  848         (a) Requiring, as a condition precedent or condition
  849  subsequent to the lending of the money or the extension of the
  850  credit or any renewal thereof, that the person to whom such
  851  credit is extended purchase a home warranty; or
  852         (b) Failing to provide the advice required by s. 634.344.
  853         (9) FAILURE TO PROVIDE TERMS AND CONDITIONS PRIOR TO SALE.—
  854         (a) Failing to provide a consumer with a complete sample
  855  copy of the terms and conditions of the home warranty contract
  856  prior to the time of sale upon a request for the same by the
  857  consumer.
  858         (b) A home warranty association may comply with this
  859  provision by providing the consumer with a sample copy of the
  860  terms and conditions of the home warranty contract or by
  861  directing the consumer to a website that displays a complete
  862  sample of the terms and conditions of the contract.
  863         Section 20. Section 634.344, Florida Statutes, is amended
  864  to read:
  865         634.344 Coercion of debtor prohibited.—
  866         (1) When a home warranty is sold in connection with the
  867  lending of money as authorized by s. 634.301(3)(b), a no person
  868  may not require, as a condition precedent or condition
  869  subsequent to the lending of the money or the extension of the
  870  credit or any renewal thereof, that the person to whom such
  871  money or credit is extended purchase a home warranty.
  872         (2) When a home warranty is purchased in connection with
  873  the lending of money as authorized by s. 634.301(3)(b), the
  874  insurer or home warranty association or the sales representative
  875  of the insurer or home warranty association shall advise the
  876  borrower or purchaser in writing that Florida law prohibits the
  877  lender from requiring the purchase of a home warranty as a
  878  condition precedent or condition subsequent to the making of the
  879  loan.
  880         Section 21. Subsection (5) of section 634.401, Florida
  881  Statutes, is amended to read:
  882         634.401 Definitions.—As used in this part, the term:
  883         (5) “Indemnify” means to undertake repair or replacement of
  884  a consumer product, or pay compensation for such repair or
  885  replacement by cash, check, store credit, gift card, or other
  886  similar means, in return for the payment of a segregated
  887  premium, when such consumer product suffers operational failure.
  888         Section 22. Subsection (5) is added to section 634.403,
  889  Florida Statutes, to read:
  890         634.403 License required.—
  891         (5) Any person who provides, offers to provide, or holds
  892  oneself out as providing or offering to provide a service
  893  warranty in this state or from this state without holding a
  894  subsisting license commits, in addition to any other violation,
  895  a misdemeanor of the first degree, punishable as provided in s.
  896  775.082 or s. 775.083.
  897         Section 23. Paragraph (e) of subsection (3) of section
  898  634.406, Florida Statutes, is amended to read:
  899         634.406 Financial requirements.—
  900         (3) An association will not be required to establish an
  901  unearned premium reserve if it has purchased contractual
  902  liability insurance which demonstrates to the satisfaction of
  903  the office that 100 percent of its claim exposure is covered by
  904  such policy. The contractual liability insurance shall be
  905  obtained from an insurer that holds a certificate of authority
  906  to do business within the state. For the purposes of this
  907  subsection, the contractual liability policy shall contain the
  908  following provisions:
  909         (e) In the event the issuer of the contractual liability
  910  policy is fulfilling the service warranty covered by policy and
  911  in the event the service warranty holder cancels the service
  912  warranty, it is the responsibility of the contractual liability
  913  policy issuer to effectuate a full refund of unearned premium to
  914  the consumer. This refund shall be subject to the cancellation
  915  fee provisions of s. 634.414(3). The salesperson or agent shall
  916  refund to the contractual liability policy issuer the unearned
  917  pro rata commission.
  918         Section 24. Section 634.414, Florida Statutes, is amended
  919  to read:
  920         634.414 Cancelation provisions required Filing; approval of
  921  forms.—
  922         (1)No service warranty form or related form shall be
  923  issued or used in this state unless it has been filed with and
  924  approved by the office. Upon application for a license, the
  925  office shall require the applicant to submit for approval each
  926  brochure, pamphlet, circular, form letter, advertisement, or
  927  other sales literature or advertising communication addressed or
  928  intended for distribution. The office shall disapprove any
  929  document which is untrue, deceptive, or misleading or which
  930  contains misrepresentations or omissions of material facts.
  931         (a)After an application has been approved, a licensee is
  932  not required to submit brochures or advertisement to the office
  933  for approval; however, a licensee may not have published, and a
  934  person may not publish, any brochure or advertisement which is
  935  untrue, deceptive, or misleading or which contains
  936  misrepresentations or omissions of material fact.
  937         (b)For purposes of this section, brochures and advertising
  938  includes, but is not limited to, any report, circular, public
  939  announcement, certificate, or other printed matter or
  940  advertising material which is designed or used to solicit or
  941  induce any persons to enter into any service warranty agreement.
  942         (2)Each filing shall be made not less than 30 days in
  943  advance of its issuance or use. At the expiration of 30 days
  944  from date of filing, a form so filed shall be deemed approved
  945  unless prior thereto it has been affirmatively disapproved by
  946  written order of the office.
  947         (3) Each service warranty contract shall contain a
  948  cancellation provision. If In the event the contract is canceled
  949  by the warranty holder, return of premium shall be based upon no
  950  less than 90 percent of unearned pro rata premium less any
  951  claims that have been paid or less the cost of repairs made on
  952  behalf of the warranty holder. If In the event the contract is
  953  canceled by the association, return of premium shall be based
  954  upon 100 percent of unearned pro rata premium, less any claims
  955  paid or the cost of repairs made on behalf of the warranty
  956  holder.
  957         (4)The name of the service warranty association issuing
  958  the contract must be more prominent than any other company name
  959  or program name on the service warranty form or sales brochure.
  960         Section 25. Section 634.4145, Florida Statutes, is amended
  961  to read:
  962         634.4145 Noncompliant Grounds for disapproval of forms.—The
  963  office may order a service warranty association to stop using
  964  any contract shall disapprove any form that filed under s.
  965  634.414 if the form:
  966         (1) Violates this part;
  967         (2) Is misleading in any respect;
  968         (3) Is reproduced so that any material provision is
  969  substantially illegible; or
  970         (4) Contains provisions which are unfair or inequitable or
  971  which encourage misrepresentation.
  972         Section 26. Section 634.415, Florida Statutes, is amended
  973  to read:
  974         634.415 Tax on premiums; annual statement; reports;
  975  quarterly statements.—
  976         (1) In addition to the license fees provided in this part
  977  for service warranty associations and license taxes as provided
  978  in the insurance code as to insurers, each such association and
  979  insurer shall, annually on or before March 1, file with the
  980  office its annual statement, in the form prescribed by the
  981  commission, showing all premiums or assessments received by it
  982  in connection with the issuance of service warranties in this
  983  state during the preceding calendar year and using accounting
  984  principles which will enable the office to ascertain whether the
  985  financial requirements set forth in s. 634.406 have been
  986  satisfied.
  987         (2) The gross amount of premiums and assessments is subject
  988  to the sales tax imposed by s. 212.0506.
  989         (3) The office may levy a fine of up to $100 a day for each
  990  day an association neglects to file the annual statement in the
  991  form and within the time provided by this part. The amount of
  992  the fine shall be established by rules adopted by the
  993  commission. The office shall deposit all sums collected by it
  994  under this section to the credit of the Insurance Regulatory
  995  Trust Fund.
  996         (4)In addition to an annual statement, the office may
  997  require of licensees, under oath and in the form prescribed by
  998  it, quarterly statements or special reports which it deems
  999  necessary to the proper supervision of licensees under this
 1000  part. For manufacturers as defined in s. 634.401, the office
 1001  shall require only the annual audited financial statements of
 1002  the warranty operations and corporate reports as filed by the
 1003  manufacturer with the Securities and Exchange Commission,
 1004  provided that the office may require additional reporting by
 1005  manufacturers upon a showing by the office that annual reporting
 1006  is insufficient to protect the interest of purchasers of service
 1007  warranty agreements in this state or fails to provide sufficient
 1008  proof of the financial status required by this part.
 1009         (4)(5) The office may suspend or revoke the license of a
 1010  service warranty association failing to file its annual
 1011  statement or quarterly report when due.
 1012         (5)(6) The commission may by rule require each service
 1013  warranty association to submit to the office, as the commission
 1014  may designate, all or part of the information contained in the
 1015  financial statements and reports required by this section in a
 1016  computer-readable form compatible with the electronic data
 1017  processing system specified by the office.
 1018         Section 27. Section 634.416, Florida Statutes, is amended
 1019  to read:
 1020         634.416 Examination of associations.—
 1021         (1)(a) Service warranty associations licensed under this
 1022  part may be are subject to periodic examination by the office,
 1023  in the same manner and subject to the same terms and conditions
 1024  that apply to insurers under part II of chapter 624.
 1025         (b) The office shall determine whether to conduct an
 1026  examination of a service warranty association by considering:
 1027         1. The amount of time that the association has been
 1028  continuously licensed and operating under the same management
 1029  and control;
 1030         2. The association’s history of compliance with applicable
 1031  law;
 1032         3.The number of consumer complaints against the
 1033  association; and
 1034         4. The financial condition of the association, demonstrated
 1035  by the financial reports submitted pursuant to s. 634.313.
 1036         (2)However, The rate charged a service warranty
 1037  association by the office for examination may be adjusted to
 1038  reflect the amount collected for the Form 10-K filing fee as
 1039  provided in this section.
 1040         (3) On or before May 1 of each year, an association may
 1041  submit to the office the Form 10-K, as filed with the United
 1042  States Securities and Exchange Commission pursuant to the
 1043  Securities Exchange Act of 1934, as amended. Upon receipt and
 1044  review of the most current Form 10-K, the office may waive the
 1045  examination requirement; if the office determines not to waive
 1046  the examination, such examination will be limited to that
 1047  examination necessary to ensure compliance with this part. The
 1048  Form 10-K shall be accompanied by a filing fee of $2,000 to be
 1049  deposited into the Insurance Regulatory Trust Fund.
 1050         (4)(2) The office is not required to examine an association
 1051  that has less than $20,000 in gross written premiums as
 1052  reflected in its most recent annual statement. The office may
 1053  examine such an association if it has reason to believe that the
 1054  association may be in violation of this part or is otherwise in
 1055  an unsound financial condition. If the office examines an
 1056  association that has less than $20,000 in gross written
 1057  premiums, the examination fee may not exceed 5 percent of the
 1058  gross written premiums of the association.
 1059         Section 28. Paragraph (b) of subsection (1) of section
 1060  634.4225, Florida Statutes, is amended to read:
 1061         634.4225 Rebating; when allowed.—
 1062         (1) No sales representative shall rebate any portion of his
 1063  or her commission except as follows:
 1064         (b) The rebate shall be in accordance with a rebating
 1065  schedule filed with and approved by the sales representative
 1066  with the association issuing the service warranty to which the
 1067  rebate applies. The association shall maintain a copy of all
 1068  rebating schedules for a period of 3 years.
 1069         Section 29. Subsection (9) is added to section 634.436,
 1070  Florida Statutes, to read:
 1071         634.436 Unfair methods of competition and unfair or
 1072  deceptive acts or practices defined.—The following methods,
 1073  acts, or practices are defined as unfair methods of competition
 1074  and unfair or deceptive acts or practices:
 1075         (9) FAILURE TO PROVIDE TERMS AND CONDITIONS PRIOR TO SALE.—
 1076         (a) Failing to provide a consumer with a complete sample
 1077  copy of the terms and conditions of the service warranty prior
 1078  to the time of sale upon a request for the same by the consumer.
 1079         (b) A service warranty association may comply with this
 1080  provision by providing the consumer with a sample copy of the
 1081  terms and conditions of the warranty contract or by directing
 1082  the consumer to a website that displays a complete sample of the
 1083  terms and conditions of the contract.
 1084         Section 30. Section 634.1216, Florida Statutes, is
 1085  repealed.
 1086         Section 31. Subsections (2) and (3) of section 634.136,
 1087  Florida Statutes, are repealed.
 1088         Section 32. Section 634.3126, Florida Statutes, is
 1089  repealed.
 1090         Section 33. Subsection (4) of section 634.313, Florida
 1091  Statutes, is repealed.
 1092         Section 34. This act shall take effect July 1, 2010.

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