634.4225 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 actuarial class.
(b) The rebate shall be in accordance with a rebating schedule filed with and approved by the association issuing the service warranty to which the rebate applies. The association 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 warranty through the sales representative for the same coverage shall receive the same percentage rebate.
(d) The rebate schedule shall be prominently displayed in public view in the sales representative’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. 42, ch. 2004-374; s. 36, ch. 2010-175.
Section: Previous 634.416 634.4165 634.417 634.419 634.420 634.421 634.422 634.4225 634.423 634.424 634.425 634.426 634.427 634.428 634.429 NextLast modified: September 23, 2016