(1) No salesperson 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 service agreement company issuing the service agreement to which the rebate applies. The service agreement company shall maintain a copy of all rebating schedules for a period of 3 years.
(c) The rebating schedule shall be uniformly applied so all consumers who purchase the same service agreement through the salesperson for the same coverage shall receive the same percentage rebate.
(d) The rebate schedule shall be prominently displayed in public view in the salesperson’s place of business, and a copy shall be made available to consumers on request at no charge.
(e) The age, sex, place of residence, race, nationality, ethnic origin, marital status, or occupation of the consumer shall not be used in determining the percentage of the rebate or whether a rebate is available.
(2) No rebate shall be withheld or limited in amount based on factors which are unfairly discriminatory.
(3) No rebate shall be given which is not reflected on the rebate schedule.
(4) No rebate shall be refused or granted based upon the purchase of or failure to purchase collateral business.
History.—s. 39, ch. 2004-374; s. 18, ch. 2010-175.
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.