634.3123 – Noncompliant forms.
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 or incorporates by reference, when such incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses or exceptions or conditions which deceptively affect the risk purported to […]
634.313 – Tax on premiums; annual statement; reports.
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 to insurers, each such association and each such insurer must, annually on or before March 1, file with the office its annual statement, in […]
634.3135 – Office records required.
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 receipts and disbursements journals, accounts receivable registers, and accounts payable registers. (2) A detailed warranty register, in numerical order by warranty number, of warranties in force. The register […]
634.314 – Examination of associations.
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 terms and conditions as apply to insurers under part II of chapter 624 of the insurance code. The office is not required to conduct periodic examinations pursuant to […]
634.315 – Service of process.
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 insurers under chapter 624. History.—s. 1, ch. 77-339; s. 3, ch. 81-148; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 15, 32, 33, 34, ch. 83-323; s. […]
634.317 – License and appointment required.
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 representative. A licensed and appointed sales representative shall be directly responsible and accountable for all acts of the licensee’s employees. History.—s. 1, ch. 77-339; s. 3, ch. […]
634.318 – License and appointment of sales representatives.
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 626 for insurance representatives in general, except they shall be exempt from the fingerprinting, photo identification card, education, and examination provisions. License, appointment, and other […]
634.319 – Reporting and accounting for funds.
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 trust funds so received by the sales representative in a fiduciary capacity; and the sales representative, in the applicable regular course of business, shall account […]
634.320 – Grounds for compulsory refusal, suspension, or revocation of license or appointment of sales representatives.
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 any one or more of the following grounds applicable to the sales representative exist: (1) Material misstatement, misrepresentation, […]
634.3205 – Rebating; when allowed.
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 actuarial class. (b) The rebate shall be in accordance with a rebating schedule filed with and approved by the home warranty association issuing the home warranty to […]