Fla. Stat. 634.404
Qualifications for license


(1)

Is a warrantor with minimum net assets of $25,000 or a warranty seller with minimum net assets of $300,000.

(2)

Furnishes the office with evidence satisfactory to it that the management of the association is competent and trustworthy and can successfully manage the affairs of the association in compliance with law.

(3)

Proposes to use and uses in its business a name, together with a trademark or emblem, if any, which is distinctive and not so similar to the name or trademark of any other person already doing business in this state as will tend to mislead or confuse the public.

(4)

Makes the deposit or files the bond required under s. 634.405.

(5)

Is formed under the laws of this state or another state, district, territory, or possession of the United States, if the association is other than a natural person.

(6)

In lieu of the provisions of subsections (1)-(5) of this section and s. 634.407, a manufacturer or affiliate as defined in this part is eligible for licensure as a service warranty association under the provisions of this part and shall complete an application evidencing its qualifications as set forth in this section. The application for license as a service warranty association from a manufacturer or affiliate shall be made to, and filed with, the office on printed forms as promulgated by the commission to be specifically and exclusively applicable to qualifying manufacturers.The commission may require that the applicant show:
The state of the applicant’s incorporation;
The location of the applicant’s home office; and
The names and business addresses of the applicant’s board of directors and managing executive officer.
The application, when filed, must be accompanied by:
A copy of the applicant’s articles of incorporation, certified by the public official having custody of the original, and a copy of the applicant’s bylaws, certified by the applicant’s corporate secretary;
Evidence that the applicant has complied with all applicable statutory requirements regarding registering to do business in this state; and
A license fee in the amount of $500.
Upon submission of the application for license, the office shall examine the application to determine its compliance with applicable sections of this part. Applicants shall be advised of any inadequate responses or missing information.Information as required in this section shall be updated as to changes thereto no less than two times annually, once at the time of the submission of the service warranty association’s submission of its annual report, and the second time, no later than September 30 of each year.

(a)

The commission may require that the applicant show:The state of the applicant’s incorporation;The location of the applicant’s home office; andThe names and business addresses of the applicant’s board of directors and managing executive officer.
1. The state of the applicant’s incorporation;
2. The location of the applicant’s home office; and
3. The names and business addresses of the applicant’s board of directors and managing executive officer.

(b)

The application, when filed, must be accompanied by:A copy of the applicant’s articles of incorporation, certified by the public official having custody of the original, and a copy of the applicant’s bylaws, certified by the applicant’s corporate secretary;Evidence that the applicant has complied with all applicable statutory requirements regarding registering to do business in this state; andA license fee in the amount of $500.
1. A copy of the applicant’s articles of incorporation, certified by the public official having custody of the original, and a copy of the applicant’s bylaws, certified by the applicant’s corporate secretary;
2. Evidence that the applicant has complied with all applicable statutory requirements regarding registering to do business in this state; and
3. A license fee in the amount of $500.

(c)

Upon submission of the application for license, the office shall examine the application to determine its compliance with applicable sections of this part. Applicants shall be advised of any inadequate responses or missing information.

(d)

Information as required in this section shall be updated as to changes thereto no less than two times annually, once at the time of the submission of the service warranty association’s submission of its annual report, and the second time, no later than September 30 of each year.

Source: Section 634.404 — Qualifications for license, https://www.­flsenate.­gov/Laws/Statutes/2024/0634.­404 (accessed Aug. 7, 2025).

634.44
Appeals from orders of the department or office
634.401
Definitions
634.402
Powers of department, commission, and office
634.403
License required
634.404
Qualifications for license
634.405
Required deposit or bond
634.406
Financial requirements
634.407
Application for and issuance of license
634.408
License continuance
634.409
Grounds for suspension or revocation of license
634.411
Order
634.412
Duration of suspension
634.413
Administrative fine in lieu of suspension or revocation
634.414
Forms
634.415
Tax on premiums
634.416
Examination of associations
634.417
Service of process
634.419
License and appointment required
634.420
License and appointment of sales representatives
634.421
Reporting and accounting for funds
634.422
Grounds for compulsory refusal, suspension, or revocation of license or appointment of sales representatives
634.423
Grounds for discretionary refusal, suspension, or revocation of license or appointment of sales representatives
634.424
Procedure for refusal, suspension, or revocation of license or appointment of sales representatives
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
634.433
Civil remedy
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
634.439
Cease and desist and penalty orders
634.441
Penalty for violation of cease and desist order
634.442
Injunctive proceedings
634.443
Civil liability
634.444
Investigatory records
634.4025
Part exclusive
634.4051
Levy upon deposit limited
634.4061
Assets and liabilities
634.4062
Prohibited investments and loans
634.4065
Guarantee agreements
634.4085
Acquisition
634.4145
Noncompliant forms
634.4165
Office records required
634.4225
Rebating
634.4385
Unauthorized entities

Current through Fall 2025

§ 634.404. Qualifications for license's source at flsenate​.gov