634.287 – Penalty for violation of cease and desist order.
634.287 Penalty for violation of cease and desist order.—Any person who violates a cease and desist order of the department or office under s. 634.285 while such order is in effect, after notice and hearing as provided in s. 634.284, is subject, at the discretion of the department or office, to any one or more of […]
634.288 – Civil liability.
634.288 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 abrogate such rights to damages or other relief in any court. History.—s. 14, ch. 2001-281; s. 1449, ch. 2003-261.
634.301 – Definitions.
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 of commissions, for which the association is obligated under home warranties issued. (2) “Home warranty” or “warranty” means any contract or agreement whereby a person undertakes to indemnify the warranty […]
634.302 – Powers of department, commission, and office; rules.
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 related to home warranty associations and home warranties. The department shall administer this part and may adopt rules pursuant to ss. 120.536(1) and 120.54 […]
634.3025 – Part exclusive; applicability of other laws.
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 provisions of the Florida Insurance Code. (2) The provisions of chapter 85-321, Laws of Florida, which amended provisions of this part shall be construed as […]
634.303 – License required.
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 home warranty association shall pay to the office a license tax of $200 for such license for each license year, or part thereof, the license is in force. […]
634.304 – Qualifications for license.
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 this state or of another state, district, territory, or possession of the United States. (2) Furnishes the office with evidence satisfactory to it that the management of the […]
634.305 – Required deposit or bond.
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 issuance of its license by the office, deposit with the department securities of the type eligible for deposit by insurers under s. 625.52, which securities shall […]
634.3051 – Levy upon deposit limited.
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 in this state as a deposit under s. 634.305. History.—ss. 37, 52, ch. 85-321; s. 20, ch. 93-195.
634.306 – Application for and issuance of license.
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 the commission and furnished by the office. (2) In addition to information relative to its qualifications as required under s. 634.304, the application must show: […]