(1) No person in this state shall provide or offer to provide home warranties unless authorized therefor under a subsisting license issued by the office. The home warranty association shall pay to the office a license tax of $200 for such license for each license year, or part thereof, the license is in force.
(2) An insurer, while authorized to transact property or casualty insurance in this state, may also transact a home warranty business without additional qualifications or authority, but shall be otherwise subject to the applicable provisions of this part.
(3) Any person that is an affiliate of a domestic insurer as defined in chapter 624 is exempt from application of this part if the person does not issue, or market or cause to be marketed, home warranties to residents of this state and does not administer home warranties that were originally issued to residents of this state. The domestic insurer or its wholly owned Florida licensed insurer must be the direct obligor of all home warranties issued by such affiliate or must issue a contractual liability insurance policy to such affiliate that meets the conditions described in s. 634.3077(3). If the Office of Insurance Regulation determines, after notice and opportunity for a hearing, that a person’s intentional business practices do not comply with any of the exemption requirements of this subsection, the person shall be subject to this part.
(4) Any person who provides, offers to provide, or holds oneself out as providing or offering to provide home warranties in this state or from this state without holding a subsisting license commits, in addition to any other violation, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 77-339; s. 3, ch. 81-148; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 32, 33, 34, ch. 83-323; s. 1, ch. 84-94; s. 20, ch. 93-195; s. 2, ch. 2003-168; s. 1453, ch. 2003-261; s. 21, ch. 2010-175.
Structure Florida Statutes
Chapter 634 - Warranty Associations
Part II - Home Warranty Associations (Ss. 634.301-634.348)
634.302 - Powers of department, commission, and office; rules.
634.3025 - Part exclusive; applicability of other laws.
634.304 - Qualifications for license.
634.305 - Required deposit or bond.
634.3051 - Levy upon deposit limited.
634.306 - Application for and issuance of license.
634.307 - License expiration; renewal.
634.3076 - Prohibited investments and loans.
634.3077 - Financial requirements.
634.3078 - Assets and liabilities.
634.308 - Grounds for suspension or revocation of license.
634.309 - Procedure to suspend or revoke license.
634.310 - Order, notice of suspension or revocation of license; effect; publication.
634.3112 - Administrative fine in lieu of suspension or revocation of license of association.
634.312 - Forms; required provisions and procedures.
634.3123 - Noncompliant forms.
634.313 - Tax on premiums; annual statement; reports.
634.3135 - Office records required.
634.314 - Examination of associations.
634.317 - License and appointment required.
634.318 - License and appointment of sales representatives.
634.319 - Reporting and accounting for funds.
634.3205 - Rebating; when allowed.
634.3225 - Duration of suspension or revocation of license or appointment.
634.324 - Disposition of taxes and fees.
634.325 - Insurance business not authorized.
634.326 - Fronting not permitted.
634.327 - Applicability to warranty on new home.
634.328 - Penalty for violation.
634.329 - Dissolution or liquidation.
634.331 - Coverage of property for sale.
634.335 - Unfair methods of competition and unfair or deceptive acts or practices prohibited.
634.336 - Unfair methods of competition and unfair or deceptive acts or practices defined.
634.337 - Power of department and office to examine and investigate.
634.338 - Prohibited practices; hearings; procedure; service of process.
634.3385 - Unauthorized entities; gifts and grants.
634.339 - Cease and desist and penalty orders.
634.34 - Appeals from orders of the department or office.
634.341 - Penalty for violation of cease and desist order.
634.342 - Injunctive proceedings.
634.344 - Coercion of debtor prohibited.