(1) Material misstatement, misrepresentation, or fraud in obtaining or attempting to obtain a license or appointment.
(2) The license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this part.
(3) Willful misrepresentation of any service warranty contract or willful deception with regard to any such contract, done either in person or by any form of dissemination of information or advertising.
(4) In the adjustment of claims arising out of warranties, material misrepresentation to a service warranty holder or other interested party of the terms and coverage of a contract with the intent and for the purpose of effecting settlement of the claim on less favorable terms than those provided in and contemplated by the contract.
(5) Demonstrated lack of fitness or trustworthiness to engage in the business of service warranty.
(6) 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 an association, insurer, or warranty holder, or to others, and received in the conduct of business under the license or appointment.
(9) Unlawfully rebating, or attempting to unlawfully rebate, or 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 or rule of the department or commission, or willful violation of any provision of this part.
(11) Being found guilty of or pleading 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 involving moral turpitude, without regard to whether judgment of conviction has been entered by the court having jurisdiction of the case.
History.—s. 5, ch. 78-255; s. 3, ch. 81-148; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 17, 36, 37, 38, ch. 83-322; s. 52, ch. 88-166; s. 62, ch. 91-106; s. 153, ch. 91-108; s. 20, ch. 93-195; s. 479, ch. 97-102; s. 1502, ch. 2003-261.
Structure Florida Statutes
Chapter 634 - Warranty Associations
Part III - Service Warranty Associations (Ss. 634.401-634.444)
634.402 - Powers of department, commission, and office; rules.
634.4025 - Part exclusive; applicability of other laws.
634.403 - License required; exemptions.
634.404 - Qualifications for license.
634.405 - Required deposit or bond.
634.4051 - Levy upon deposit limited.
634.406 - Financial requirements.
634.4061 - Assets and liabilities.
634.4062 - Prohibited investments and loans.
634.4065 - Guarantee agreements.
634.407 - Application for and issuance of license.
634.408 - License continuance.
634.409 - Grounds for suspension or revocation of license.
634.411 - Order; notice of suspension or revocation of license; effect; publication.
634.412 - Duration of suspension; obligations of association during suspension; reinstatement.
634.413 - Administrative fine in lieu of suspension or revocation.
634.414 - Forms; required provisions.
634.4145 - Noncompliant forms.
634.415 - Tax on premiums; annual statement; reports.
634.416 - Examination of associations.
634.4165 - Office records required.
634.419 - License and appointment required.
634.420 - License and appointment of sales representatives.
634.421 - Reporting and accounting for funds.
634.4225 - Rebating; when allowed.
634.425 - Duration of suspension or revocation.
634.426 - Administrative fine in lieu of suspension or revocation of license or appointment.
634.427 - Disposition of taxes and fees.
634.428 - Insurance business not authorized.
634.429 - Fronting not permitted.
634.430 - Dissolution or liquidation.
634.431 - Penalty for violation.
634.435 - Unfair methods of competition and unfair or deceptive acts or practices prohibited.
634.436 - Unfair methods of competition and unfair or deceptive acts or practices defined.
634.437 - Power of department and office to examine and investigate.
634.438 - Prohibited practices; hearings; procedure; service of process.
634.4385 - Unauthorized entities; gifts and grants.
634.439 - Cease and desist and penalty orders.
634.44 - Appeals from orders of the department or office.
634.441 - Penalty for violation of cease and desist order.