Florida Statutes Part II - Home Warranty Associations (Ss. 634.301-634.348)

• 634.301 - Definitions.
  As used in this part, the term:(1) “Gross written premiums” means the total amount of premiums, paid for the entire period of the home warranty, inclusive...
• 634.302 - Powers Of Department, Commission, And Office; Rules.
  The office shall administer this part, and the commission may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part...
• 634.3025 - Part Exclusive; Applicability Of Other Laws.
  (1) Except as provided in this part, home warranty associations shall be governed by the provisions of this part and shall be exempt from all other...
• 634.303 - License Required.
  (1) No person in this state shall provide or offer to provide home warranties unless authorized therefor under a subsisting license issued by the office. The...
• 634.304 - Qualifications For License.
  The office may not issue or renew a license to any home warranty association unless the association:(1) Is a solvent corporation formed under the laws of...
• 634.305 - Required Deposit Or Bond.
  (1) To assure the faithful performance of its obligations to its members or subscribers in the event of insolvency, every home warranty association shall, before the...
• 634.3051 - Levy Upon Deposit Limited.
  No judgment creditor or other claimant of a home warranty association shall have the right to levy upon any of the assets or securities held...
• 634.306 - Application For And Issuance Of License.
  (1) An application for license as a home warranty association must be made to and must be filed with the office on printed forms prescribed by...
• 634.307 - License Expiration; Renewal.
  Each license as a home warranty association issued under this part shall expire on June 1 next following the date of issuance. If the association...
• 634.3073 - Acquisition.
  Every home warranty association shall be subject to the provisions of s. 628.4615.History.—ss. 28, 33, ch. 83-323; s. 1, ch. 84-94; ss. 5, 17, ch....
• 634.3076 - Prohibited Investments And Loans.
  A home warranty association shall not directly or indirectly invest in or lend its funds upon the security of any note or other evidence of...
• 634.3077 - Financial Requirements.
  (1) An association licensed under this part shall maintain a funded, unearned premium reserve account, consisting of unencumbered assets, equal to a minimum of 25 percent...
• 634.3078 - Assets And Liabilities.
  (1) ASSETS.—In any determination of the financial condition of a home warranty association, there shall be allowed as assets only those assets that are owned by...
• 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...
• 634.309 - Procedure To Suspend Or Revoke License.
  Except when a hearing is expressly not required under s. 120.60 or s. 634.308, no order suspending or revoking a home warranty association’s license shall...
• 634.310 - Order, Notice Of Suspension Or Revocation Of License; Effect; Publication.
  (1) A suspension or revocation of the license of a home warranty association shall be effected by order mailed to the association by registered or certified...
• 634.311 - Duration Of Suspension; Obligations Of Association During Suspension Period; Reinstatement.
  (1) A suspension of the license of a home warranty association shall be for such period, not to exceed 1 year, as is fixed in the...
• 634.3112 - Administrative Fine In Lieu Of Suspension Or Revocation Of License Of Association.
  (1) If it is found that one or more grounds exist for the suspension, revocation, or refusal to renew the license of any association issued under...
• 634.312 - Forms; Required Provisions And Procedures.
  (1) All home warranty contracts are assignable in a consumer transaction and must contain a statement informing the purchaser of the home warranty of her or...
• 634.3123 - Noncompliant Forms.
  The office may order a home warranty association to stop using any contract form that:(1) Is in violation of or does not comply with this part.(2) Contains...
• 634.313 - Tax On Premiums; Annual Statement; Reports.
  (1) In addition to paying the license taxes provided for in this part for home warranty associations and license taxes provided in the insurance code as...
• 634.3135 - Office Records Required.
  Each licensed home warranty association, as a minimum requirement for permanent office records, shall maintain:(1) A complete set of accounting records, including a general ledger, cash...
• 634.314 - Examination Of Associations.
  Home warranty associations licensed under this part may be subject to periodic examinations by the office, in the same manner and subject to the same...
• 634.315 - Service Of Process.
  Home warranty associations are subject to service of process in the same manner and subject to the same terms, conditions, and fees as apply to...
• 634.317 - License And Appointment Required.
  No person may solicit, negotiate, or effectuate home warranty contracts for remuneration in this state unless such person is licensed and appointed as a sales...
• 634.318 - License And Appointment Of Sales Representatives.
  Sales representatives for home warranty associations and insurers shall be licensed, appointed, renewed, continued, reinstated, or terminated in the same manner as prescribed in chapter...
• 634.319 - Reporting And Accounting For Funds.
  (1) All funds belonging to insurers, home warranty associations, or others received by a sales representative in transactions under her or his license 1and appointment are...
• 634.320 - Grounds For Compulsory Refusal, Suspension, Or Revocation Of License Or Appointment Of Sales Representatives.
  The department shall deny, suspend, revoke, or refuse to renew or continue the license or appointment of any sales representative if it is found that...
• 634.3205 - Rebating; When Allowed.
  (1) No sales representative shall rebate any portion of his or her commission except as follows:(a) The rebate shall be available to all consumers in the same...
• 634.321 - Grounds For Discretionary Refusal, Suspension, Or Revocation Of License Or Appointment Of Sales Representatives.
  The department may, in its discretion, deny, suspend, revoke, or refuse to renew or continue the license or appointment of any sales representative if it...
• 634.322 - Procedure For Refusal, Suspension, Or Revocation Of License Or Appointment Of Sales Representatives.
  (1) If any sales representative is convicted by a court of a violation of any provision of this part or applicable provisions of the Florida Insurance...
• 634.3225 - Duration Of Suspension Or Revocation Of License Or Appointment.
  (1) The department shall, in its order suspending a license or appointment, specify the time period during which the suspension is to be effective. Such period...
• 634.323 - Administrative Fine In Lieu Of Suspension Or Revocation Of Sales Representative’s License Or Appointment.
  (1) If, pursuant to procedures provided for in this part, it is found that one or more grounds exist for the suspension or revocation of, or...
• 634.324 - Disposition Of Taxes And Fees.
  All license taxes, taxes on premiums, license and appointment fees, and administrative fines and penalties collected under this part from home warranty associations and sales...
• 634.325 - Insurance Business Not Authorized.
  Nothing in the Florida Insurance Code or in this part shall be deemed to authorize any home warranty association to transact any insurance business other...
• 634.326 - Fronting Not Permitted.
  No authorized insurer or licensed home warranty association may act as a fronting company for any unauthorized insurer or unlicensed home warranty association. A “fronting...
• 634.327 - Applicability To Warranty On New Home.
  This part shall not apply to any program offering a warranty on a new home which is underwritten by an insurer licensed to do business...
• 634.328 - Penalty For Violation.
  Any individual who knowingly makes a false or otherwise fraudulent application for a license or appointment under this part, or who knowingly violates any provision...
• 634.3284 - Civil Remedy.
  (1) Any person damaged by a violation of the provisions of this part may bring a civil action against a person violating such provisions in the...
• 634.329 - Dissolution Or Liquidation.
  Any dissolution or liquidation of a corporation subject to the provisions of this part shall be under the supervision of the department, which shall have...
• 634.331 - Coverage Of Property For Sale.
  A home warranty may provide coverage of residential property during the listing period of such property for a period not to exceed 12 months, provided...
• 634.335 - Unfair Methods Of Competition And Unfair Or Deceptive Acts Or Practices Prohibited.
  No person may engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 634.337 to...
• 634.336 - Unfair Methods Of Competition And Unfair Or Deceptive Acts Or Practices Defined.
  The following methods, acts, or practices are defined as unfair methods of competition and unfair or deceptive acts or practices:(1) MISREPRESENTATION AND FALSE ADVERTISING.—Knowingly making, issuing,...
• 634.337 - Power Of Department And Office To Examine And Investigate.
  The department and office have the power, within their respective regulatory jurisdictions, to examine and investigate the affairs of every person involved in the business...
• 634.338 - Prohibited Practices; Hearings; Procedure; Service Of Process.
  (1) Whenever the department or office has reason to believe that any person has engaged, or is engaging, in this state in any unfair method of...
• 634.3385 - Unauthorized Entities; Gifts And Grants.
  A governmental unit, public agency, institution, person, firm, or legal entity may provide money to the department to enable the department to pursue unauthorized entities...
• 634.339 - Cease And Desist And Penalty Orders.
  After the hearing provided for in s. 634.338, the department or office shall enter a final order in accordance with s. 120.569. If it is...
• 634.34 - Appeals From Orders Of The Department Or Office.
  Any person subject to an order of the department or office under s. 634.339 may obtain a review of such order by filing an appeal...
• 634.341 - Penalty For Violation Of Cease And Desist Order.
  Any person who violates a cease and desist order of the department or office under s. 634.339 while such order is in effect, after notice...
• 634.342 - Injunctive Proceedings.
  In addition to the penalties and other enforcement provisions of this part, in the event any person violates s. 634.303 or s. 634.318 or any...
• 634.343 - Civil Liability.
  The provisions of this part are cumulative to rights under the general civil and common law, and no action of the department or office will...
• 634.344 - Coercion Of Debtor Prohibited.
  (1) When a home warranty is sold in connection with the lending of money, a person may not require, as a condition precedent or condition subsequent...
• 634.348 - Investigatory Records.
  All active examination or investigatory records of the department or office made or received pursuant to this part are confidential and exempt from the provisions...

Last modified: September 23, 2016