(1) No sales representative 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 association issuing the service warranty to which the rebate applies. The association 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 warranty through the sales representative for the same coverage shall receive the same percentage rebate.
(d) The rebate schedule shall be prominently displayed in public view in the sales representative’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. 42, ch. 2004-374; s. 36, ch. 2010-175.
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.