The department may not issue or allow a service warranty association to maintain a license unless the association:

1. (1) Is a warrantor with minimum net assets of $25,000 or a warranty seller with minimum net assets of $300,000.
2. (2) Furnishes the department 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. (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. (4) Makes the deposit or files the bond required under s. 634.405.
5. (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. (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 department on printed forms as promulgated by the department to be specifically and exclusively applicable to qualifying manufacturers.

   1. (a) The department may require that the applicant show:

      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.

   2. (b) The department shall require that the application, when filed, be accompanied by:

      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.

   3. (c) Upon submission of the application for license, the department 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.
   4. (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.

History.--s. 5, ch. 78-255; s. 3, ch. 81-148; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 2, 36, 37, 38, ch. 83-322; s. 44, ch. 90-119; s. 48, ch. 91-106; s. 20, ch. 93-195; s. 39, ch. 95-211; s. 81, ch. 2000-158.