Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 902
       
       
       
       
       
       
                                Ì871000UÎ871000                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/18/2024           .                                
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       The Committee on Banking and Insurance (Boyd) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 80 - 401
    4  and insert:
    5  protection products issued before October 1, 2008.
    6         Section 2. Paragraph (g) of subsection (11) of section
    7  520.07, Florida Statutes, is amended, and paragraphs (h) and (i)
    8  are added to that subsection, to read:
    9         520.07 Requirements and prohibitions as to retail
   10  installment contracts.—
   11         (11) In conjunction with entering into any new retail
   12  installment contract or contract for a loan, a motor vehicle
   13  retail installment seller as defined in s. 520.02, a sales
   14  finance company as defined in s. 520.02, or a retail lessor as
   15  defined in s. 521.003, and any assignee of such an entity, may
   16  offer, for a fee or otherwise, optional guaranteed asset
   17  protection products in accordance with this chapter. The motor
   18  vehicle retail installment seller, sales finance company, retail
   19  lessor, or assignee may not require the purchase of a guaranteed
   20  asset protection product as a condition for making the loan. In
   21  order to offer any guaranteed asset protection product, a motor
   22  vehicle retail installment seller, sales finance company, or
   23  retail lessor, and any assignee of such an entity, shall comply
   24  with the following:
   25         (g) If a contract for a guaranteed asset protection product
   26  is terminated, the entity shall refund to the buyer any unearned
   27  fees paid for the contract unless the contract provides
   28  otherwise. A refund is not due to a consumer who receives a
   29  benefit under such product. In order to receive a refund, the
   30  buyer must notify the entity of the event terminating the
   31  contract and request a refund within 90 days after the
   32  occurrence of the event terminating the contract. An entity may
   33  offer a buyer a contract that does not provide for a refund only
   34  if the entity also offers that buyer a bona fide option to
   35  purchase a comparable contract that provides for a refund. An
   36  entity may not deduct more than $75 in administrative fees from
   37  a refund made under this subsection.
   38         (h)Guaranteed asset protection products may be cancelable
   39  or noncancelable after a free-look period as defined in s.
   40  520.152.
   41         (i)If the termination of the guaranteed asset protection
   42  product occurs because of a default under the retail installment
   43  contract or contract for a loan, the repossession of the motor
   44  vehicle associated with the retail installment contract or
   45  contract for a loan, or any other termination of the retail
   46  installment contract or contract for a loan, the entity may pay
   47  any refund due directly to the holder or administrator and apply
   48  the refund as a reduction of the amount owed under the retail
   49  installment contract or contract for a loan, unless the buyer
   50  can show that the retail installment contract has been paid in
   51  full.
   52         Section 3. Section 520.151, Florida Statutes, is created to
   53  read:
   54         520.151Florida Vehicle Value Protection Agreements Act.
   55  Sections 520.151-520.156 may be cited as the “Florida Vehicle
   56  Value Protection Agreements Act.
   57         Section 4. Section 520.152, Florida Statutes, is created to
   58  read:
   59         520.152 Definitions.—As used in ss. 520.151-520.156, unless
   60  the context or subject matter otherwise requires, the term:
   61         (1)“Administrator” means the person who is responsible for
   62  the administrative or operational function of managing vehicle
   63  value protection agreements, including, but not limited to, the
   64  adjudication of claims or benefit requests by contract holders.
   65         (2)“Commercial transaction” means a transaction in which
   66  the motor vehicle subject to the transaction is used primarily
   67  for business or commercial purposes.
   68         (3)“Contract holder” means a person who is the purchaser
   69  or holder of a vehicle value protection agreement.
   70         (4)“Finance agreement” means a loan, retail installment
   71  sales contract, or lease for the purchase, refinancing, or lease
   72  of a motor vehicle.
   73         (5)“Free-look period” means the period of time, commencing
   74  on the effective date of the contract, during which the buyer
   75  may cancel the contract for a full refund of the purchase price.
   76  This period may not be shorter than 30 days.
   77         (6)“Motor vehicle” has the same meaning as provided in s.
   78  520.02.
   79         (7)“Provider” means a person that is obligated to provide
   80  a benefit under a vehicle value protection agreement. A provider
   81  may function as an administrator or retain the services of a
   82  third-party administrator.
   83         (8)“Vehicle value protection agreement” includes a
   84  contractual agreement that provides a benefit toward either the
   85  reduction of some or all of the contract holder’s current
   86  finance agreement deficiency balance or the purchase or lease of
   87  a replacement motor vehicle or motor vehicle services upon the
   88  occurrence of an adverse event to the motor vehicle, including,
   89  but not limited to, loss, theft, damage, obsolescence,
   90  diminished value, or depreciation. The term does not include
   91  guaranteed asset protection products as defined in s. 520.02.
   92  Such a product is not insurance for purposes of the Florida
   93  Insurance Code.
   94         Section 5. Section 520.153, Florida Statutes, is created to
   95  read:
   96         520.153Requirements and prohibitions as to vehicle value
   97  protection agreements.—
   98         (1)Vehicle value protection agreements may be offered,
   99  sold, or given to consumers in this state in compliance with
  100  this act.
  101         (2)Notwithstanding any other law, any amount charged or
  102  financed for a vehicle value protection agreement is not
  103  considered a finance charge or interest and must be separately
  104  stated in the finance agreement and in the vehicle value
  105  protection agreement.
  106         (3)The extension of credit, the terms of credit, or the
  107  terms of the related motor vehicle sale or lease may not be
  108  conditioned upon the consumer’s payment for or financing of any
  109  charge for a vehicle value protection agreement. However, a
  110  vehicle value protection agreement may be discounted or given at
  111  no charge in connection with the purchase of other noncredit
  112  related goods or services.
  113         (4)A provider may use an administrator or other designee
  114  to administer a vehicle value protection agreement.
  115         (5)A vehicle value protection agreement may not be sold to
  116  any person unless he or she has been or will be provided access
  117  to a copy of such vehicle value protection agreement at a
  118  reasonable time after such vehicle value protection agreement is
  119  sold.
  120         (6)A vehicle value protection agreement may not be sold if
  121  coverage is duplicative of another vehicle value protection
  122  agreement sold to a person or duplicative of a guaranteed asset
  123  protection product.
  124         (7)Each provider shall do one of the following:
  125         (a)Insure all of its vehicle value protection agreements
  126  under a policy that pays or reimburses the contract holder in
  127  the event the provider fails to perform its obligations under
  128  the vehicle value protection agreement. The insurer must be
  129  licensed or otherwise authorized or eligible to do business in
  130  this state.
  131         (b)Maintain a funded reserve account for its obligations
  132  under its contracts issued and outstanding in this state. The
  133  reserves may not be less than 40 percent of gross consideration
  134  received, less claims paid, on the sale of the vehicle value
  135  protection agreement for all in-force contracts in this state.
  136  The reserve must be placed in trust with the office and have a
  137  financial security deposit valued at not less than 5 percent of
  138  the gross consideration received, less claims paid, on the sale
  139  of the vehicle value protection agreements for all vehicle value
  140  protection agreements issued and in force in this state, but at
  141  least $25,000. The reserve account must consist of one of the
  142  following:
  143         1.A surety bond issued by an authorized surety.
  144         2.Securities of the type eligible for deposit by insurers
  145  as provided in s. 625.52.
  146         3.Cash.
  147         4.A letter of credit issued by a qualified financial
  148  institution.
  149         (c)Maintain, or together with its parent corporation
  150  maintain, a net worth or stockholders’ equity of $100 million
  151  and, upon request, provide the office with a copy of the
  152  provider’s or the provider’s parent company’s Form 10-K or Form
  153  20-F filed with the Securities and Exchange Commission within
  154  the last calendar year, or if the company does not file with the
  155  Securities and Exchange Commission, a copy of the company’s
  156  audited financial statements, which must show a net worth of the
  157  provider or its parent company of at least $100 million. If the
  158  provider’s parent company’s Form 10-K, Form 20-F, or financial
  159  statements are filed to meet the provider’s financial security
  160  requirement, the parent company must agree to guarantee the
  161  obligations of the provider relating to vehicle value protection
  162  agreements sold by the provider in this state.
  163         (8)A financial security requirement other than those
  164  imposed in subsection (7) may not be imposed on vehicle value
  165  protection agreement providers.
  166         Section 6. Section 520.154, Florida Statutes, is created to
  167  read:
  168         520.154Disclosures.—
  169         (1)A vehicle value protection agreement must disclose in
  170  writing, in clear, understandable language, all of the
  171  following:
  172         (a)The name and address of the provider, contract holder,
  173  and administrator, if any.
  174         (b)The terms of the vehicle value protection agreement,
  175  including, but not limited to, the purchase price to be paid by
  176  the contract holder, if any, the requirements for eligibility
  177  and conditions of coverage, and any exclusions.
  178         (c)Whether the vehicle value protection agreement may be
  179  canceled by the contract holder during a free-look period as
  180  defined in s. 520.152, and that, in the event of cancellation,
  181  the contract holder is entitled to a full refund of the purchase
  182  price, if any, so long as no benefits have been provided.
  183         (d)The procedure the contract holder must follow, if any,
  184  to obtain a benefit under the terms and conditions of the
  185  vehicle value protection agreement, including, if applicable, a
  186  telephone number, website, or mailing address where the contract
  187  holder may apply for a benefit.
  188         (e)Whether the vehicle value protection agreement is
  189  cancelable after the free-look period and the conditions under
  190  which it may be canceled, including the procedures for
  191  requesting any refund of the unearned purchase price paid by the
  192  contract holder. In the event that the agreement is cancelable,
  193  it must include the methodology for calculating any refund due
  194  of the unearned purchase price of the vehicle value protection
  195  agreement.
  196         (f)That the extension of credit, the terms of the credit,
  197  or the terms of the related motor vehicle sale or lease may not
  198  be conditioned upon the purchase of the vehicle value protection
  199  agreement.
  200         (2)A vehicle value protection agreement must state the
  201  terms, restrictions, or conditions governing cancellation of the
  202  vehicle value protection agreement before the termination or
  203  expiration date of the vehicle value protection agreement by
  204  either the provider or the contract holder. The provider of the
  205  vehicle value protection agreement shall mail a written notice
  206  to the contract holder at the last known address of the contract
  207  holder contained in the records of the provider at least 5 days
  208  before cancellation by the provider, which notice must state the
  209  effective date of the cancellation and the reason for the
  210  cancellation. However, such prior notice is not required if the
  211  reason for cancellation is nonpayment of the provider fee, a
  212  material misrepresentation by the contract holder to the
  213  provider or administrator, or a substantial breach of duties by
  214  the contract holder relating to the covered motor vehicle or its
  215  use. If a vehicle value protection agreement is canceled by the
  216  provider for a reason other than nonpayment of the provider fee,
  217  the provider must refund to the contract holder 100 percent of
  218  the unearned pro rata provider fee paid by the contract holder,
  219  if any. If coverage under the vehicle value protection agreement
  220  continues after a claim, any refund may reflect a deduction for
  221  claims paid and, at the discretion of the provider, an
  222  administrative fee of not more than $75.
  223         Section 7. Section 520.155, Florida Statutes, is created to
  224  read:
  225         520.155Commercial transactions exempt.—Sections 520.154
  226  and 520.156 do not apply to vehicle value protection agreements
  227  offered in connection with a commercial transaction.
  228         Section 8. Section 520.156, Florida Statutes, is created to
  229  read:
  230         520.156Penalties.—A provider, an administrator, or any
  231  other person who willfully and intentionally violates ss.
  232  520.151-520.155 commits a noncriminal violation as defined in s.
  233  775.08(3), punishable by a fine not to exceed $500 per violation
  234  and not more than $10,000 in the aggregate for all violations of
  235  a similar nature. For purposes of this section, the term
  236  violations of a similar nature” means violations that consist
  237  of the same or similar course of conduct, action, or practice,
  238  irrespective of the number of times the action, conduct, or
  239  practice determined to be a violation of ss. 520.151-520.155
  240  occurred.
  241         Section 9. Section 520.157, Florida Statutes, is created to
  242  read:
  243         520.157 Excess wear and use waiver.—
  244         (1)For purposes of this section, the term excess wear and
  245  use waiver” means a contractual agreement wherein a lessor
  246  agrees, regardless of whether subject to a separate fee, to
  247  cancel or waive all or part of amounts that may become due under
  248  a lease agreement as a result of excess wear and use of a motor
  249  vehicle, which agreement must be part of, or a separate addendum
  250  to, the lease agreement. Such waivers may also cancel or waive
  251  amounts due for excess mileage.
  252  
  253  ================= T I T L E  A M E N D M E N T ================
  254  And the title is amended as follows:
  255         Delete lines 47 - 50
  256  and insert:
  257         of a similar nature”; creating s. 520.157, F.S.;
  258         defining the term “excess wear and use waiver”;
  259         authorizing a retail lessee