(1) Except as provided in subsection (2), the dissolution or liquidation of an association subject to the provisions of this part shall be under the supervision of the department, which shall have all powers with respect thereto granted to it under the laws of the state with respect to the dissolution and liquidation of property and casualty companies pursuant to chapter 631. An involuntary dissolution or liquidation of a manufacturer licensed under this part shall subject the warranty operations of the manufacturer in this state to the provisions of chapter 631.
(2) The department and office shall be notified of the commencement of voluntary dissolution proceedings of a manufacturer licensed under this part. As to the warranty operations of a manufacturer in this state, the department shall supervise the voluntary dissolution and shall require protection of the interests of the department, office, and consumers who have been issued service warranties by the manufacturer by the continuation of deposits or bonds as required by this part until that time as all warranties issued by the manufacturer are no longer in effect or all outstanding warranties have been assigned to another association approved by the department and office. The notification as provided herein shall be made by the manufacturer within 30 days of the commencement of any legal action for dissolution.
History.—s. 5, ch. 78-255; s. 3, ch. 81-148; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 36, 37, 38, ch. 83-322; s. 47, ch. 90-119; s. 20, ch. 93-195; s. 1507, 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.