(1) Material misstatement, misrepresentation, or fraud in obtaining or attempting to obtain the license or appointment.
(2) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this part, any applicable provision of the Florida Insurance Code, or rule of the department or commission.
(3) Willful misrepresentation of any service agreement or willful deception with regard to any agreement, done either in person or by any form of dissemination of information or advertising.
(4) If in the adjustment of claims arising out of service agreements, she or he has materially misrepresented to a service agreement holder or other interested party the terms and coverage of a service agreement with intent and for the purpose of effecting settlement of the claim on less favorable terms than those provided in and contemplated by the service agreement.
(5) For demonstrated lack of fitness or trustworthiness to engage in the service agreement business.
(6) For demonstrated lack of adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment.
(7) Fraudulent or dishonest practices in the conduct of business under the license or appointment.
(8) Misappropriation, conversion, or unlawful withholding of moneys belonging to a service agreement company, insurer, or service agreement holder or to others and received in the conduct of business under the license or appointment.
(9) For unlawfully rebating, or attempt thereat, or for unlawfully dividing or offering to divide her or his commission with another.
(10) Willful failure to comply with, or willful violation of any proper order of the department or office, or willful violation of any provision of this part, or of any applicable provision of the insurance code, or applicable rule of the department or commission.
(11) Having been found guilty of, or having pleaded guilty or nolo contendere to, a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States of America or any state thereof or under the law of any other country which involves moral turpitude, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of the cases.
(12) Failure to refund unearned pro rata commission to the agreement holder or the service agreement company, if the service agreement company is making a full unearned pro rata refund to the agreement holder.
History.—s. 18, ch. 59-110; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 21, 32, 33, ch. 82-234; s. 48, ch. 88-166; ss. 25, 68, ch. 91-106; s. 138, ch. 91-108; ss. 11, 20, ch. 93-195; s. 462, ch. 97-102; s. 1435, ch. 2003-261.
Structure Florida Statutes
Chapter 634 - Warranty Associations
Part I - Motor Vehicle Service Agreement Companies (Ss. 634.011-634.288)
634.021 - Powers of department, commission, and office; rules.
634.023 - Part exclusive; applicability of other laws.
634.041 - Qualifications for license.
634.042 - Prohibited investments and loans.
634.044 - Assets and liabilities.
634.045 - Guarantee agreements.
634.053 - Levy upon deposit limited.
634.061 - Application for and issuance of license.
634.071 - License continuance.
634.081 - Suspension or revocation of license; grounds.
634.101 - Order, notice of suspension or revocation of license; effect; publication.
634.111 - Duration of suspension; obligations of company during suspension period; reinstatement.
634.121 - Forms, required procedures, provisions; delivery and definitions.
634.1213 - Noncompliant forms.
634.131 - Tax on premiums and assessments.
634.136 - Office records required.
634.137 - Financial and statistical reporting requirements.
634.141 - Examination of companies.
634.151 - Service of process; appointment of commissioner as process agent.
634.161 - Service of process; method.
634.171 - Salesperson to be licensed and appointed.
634.1815 - Rebating; when allowed.
634.201 - Refusal, suspension, or revocation of license or appointment of salespersons.
634.211 - Administrative fine in lieu of suspension or revocation of license or appointment.
634.221 - Disposition of taxes and fees.
634.231 - Insurance business not authorized.
634.241 - Prohibition against fronting.
634.242 - Injunctive proceedings.
634.251 - Penalty for violation.
634.2515 - Penalty for selling agreements of a nonlicensed company.
634.253 - Delinquency proceedings.
634.261 - Voluntary compliance in lieu of suspension or revocation.
634.2815 - Unfair methods of competition and unfair or deceptive acts or practices prohibited.
634.282 - Unfair methods of competition and unfair or deceptive acts or practices defined.
634.2825 - Motor vehicle service agreement cost specified in “price package.”
634.283 - Power of department and office to examine and investigate.
634.284 - Prohibited practices; hearings; procedure; service of process.
634.285 - Cease and desist and penalty orders.
634.2855 - Unauthorized entities; gifts and grants.
634.286 - Appeals from orders of the department or office.