634.3077 – Financial requirements.
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 of the gross written premiums received by it from all warranty contracts in force in this state. Such assets must be held in the form of cash or […]
634.2855 – Unauthorized entities; gifts and grants.
634.2855 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 operating in violation of this part. The department may transfer funds to the office to investigate, discipline, sanction, and take all action consistent with this part […]
634.3078 – Assets and liabilities.
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 the home warranty association company and which assets consist of: (a) Cash in the possession of the home warranty association, or in transit under its control, including the […]
634.286 – Appeals from orders of the department or office.
634.286 Appeals from orders of the department or office.—Any person subject to an order of the department or office under s. 634.285 may obtain a review of such order by filing an appeal therefrom in accordance with the provisions and procedures for appeal from the orders of the department or office in general under s. 120.68. […]
634.308 – Grounds for suspension or revocation of license.
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 determined that: (a) The association has violated any lawful rule or order of the commission or office or any provision of this part. (b) The […]
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 […]