(1) Any person may, in exchange for fees, charges, or other consideration, solicit, offer, provide, enter into, issue, or deliver a motor vehicle service agreement indemnifying the service agreement holder against loss caused by the failure of any mechanical or component part or parts of a motor vehicle listed in the agreement arising out of the ownership, operation, and use of such motor vehicle when:
(a)1. The premium charged for the motor vehicle service agreement does not exceed a total of $50 annually or $50 for the term of the agreement; or
2. The difference in the price of substantially similar parts, or service connected therewith, sold with and without the agreement does not exceed a total of $50 annually or $50 for the term of the agreement;
(b) The agreement is entered into incidentally to the sale of the part or parts or to the service connected therewith by the person soliciting, offering, providing, entering into, issuing, or delivering the motor vehicle service agreement; and
(c) No other agreements are solicited, offered, provided, entered into, issued, or delivered by such person at any time on any other mechanical or component part or parts or service connected therewith on the same motor vehicle where the total of all payments exceeds $50 annually or $50 for the term of the agreement;
without being deemed an insurer and without being subject to the provisions of this code, provided that the agreement is not renewable or subject to extension or extendible.
(2) Any person soliciting, offering, providing, entering into, issuing, or delivering a motor vehicle service agreement without being deemed an insurer and without being subject to this code pursuant to subsection (1) shall, as to any such agreement, be subject to the provisions of the Florida Deceptive and Unfair Trade Practices Act, part II of chapter 501.
History.—ss. 2, 50, ch. 85-321; ss. 4, 187, 188, ch. 91-108; s. 4, ch. 91-429.
Structure Florida Statutes
Chapter 624 - Insurance Code: Administration and General Provisions
Part I - Scope of Code (Ss. 624.01-624.27)
624.031 - “Self-insurance” defined.
624.05 - “Department,” “commission,” and “office” defined.
624.06 - “Domestic,” “foreign,” “alien” insurer defined.
624.075 - “Commercially domiciled insurer” defined.
624.09 - “Authorized,” “unauthorized” insurer defined.
624.105 - Waiver of customer liability.
624.1055 - Right of contribution among liability insurers for defense costs.
624.12 - Application of code as to fraternal benefit societies.
624.123 - Certain international health insurance policies; exemption from code.
624.124 - Motor vehicle services; exemption from code.
624.125 - Certain motor vehicle service agreements; exemption from code.
624.126 - Certain mutual aid associations; exemption from code.
624.1265 - Nonprofit religious organization exemption; authority; notice.
624.1275 - Insurance agents; prohibited exclusion from public bidding and negotiations.
624.128 - Crime victims exemption.
624.129 - Certain location and recovery services; exemption from code.
624.13 - Particular provisions prevail.
624.1551 - Civil remedy actions against property insurers.
624.19 - Existing forms and filings.
624.21 - Prospective operation of amendments to code.
624.215 - Proposals for legislation which mandates health benefit coverage; review by Legislature.
624.23 - Public records exemption.
624.231 - Disclosure and fees for production of records.
624.24 - Prohibition against requiring the purchase of health insurance; exceptions.
624.25 - Patient Protection and Affordable Care Act.
624.26 - Collaborative arrangement with the Department of Health and Human Services.
624.27 - Direct health care agreements; exemption from code.