Florida Senate - 2017                                     SB 292
       
       
        
       By Senator Bracy
       
       11-00365-17                                            2017292__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle warranties; amending
    3         s. 501.975, F.S.; defining terms; creating s. 501.977,
    4         F.S.; requiring licensed new car dealers to provide
    5         purchasers with a specified motor vehicle warranty
    6         notice; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 501.975, Florida Statutes, is amended to
   11  read:
   12         501.975 Definitions.—As used in this part, the term:
   13         (1) “Aftermarket part” means a part that was made by a
   14  company other than the vehicle manufacturer or the original
   15  equipment manufacturer.
   16         (2)(1) “Customer” includes a customer’s designated agent.
   17         (3)(2) “Dealer” means a motor vehicle dealer as defined in
   18  s. 320.27, but does not include a motor vehicle auction as
   19  defined in s. 320.27(1)(c)4.
   20         (4) “Recycled part” means a part that was made for and
   21  installed in a new vehicle by the manufacturer or the original
   22  equipment manufacturer and later removed from the vehicle and
   23  made available for resale or reuse.
   24         (5)(3) “Replacement item” means a tire, bumper, bumper
   25  fascia, glass, in-dashboard equipment, seat or upholstery cover
   26  or trim, exterior illumination unit, grill, sunroof, external
   27  mirror, and external body cladding. The replacement of up to
   28  three of these items does not constitute repair of damage if
   29  each item is replaced because of a product defect or damaged due
   30  to vandalism while the new motor vehicle is under the control of
   31  the dealer and the items are replaced with original manufacturer
   32  equipment, unless an item is replaced due to a crash, collision,
   33  or accident.
   34         (6)(4) “Threshold amount” means 3 percent of the
   35  manufacturer’s suggested retail price of a motor vehicle or
   36  $650, whichever is less.
   37         (7)(5) “Vehicle” means any automobile, truck, bus,
   38  recreational vehicle, or motorcycle required to be licensed
   39  under chapter 320 for operation over the roads of Florida, but
   40  does not include trailers, mobile homes, travel trailers, or
   41  trailer coaches without independent motive power.
   42         Section 2. Section 501.977, Florida Statutes, is created to
   43  read:
   44         501.977 Required notification.—Each licensed new car
   45  dealer, at the time the sale of a new motor vehicle is executed,
   46  shall deliver to the purchaser of such new motor vehicle the
   47  following written statement printed in at least 10-point
   48  boldface type:
   49  
   50         MOTOR VEHICLE WARRANTY NOTICE.—A federal law, the
   51         Magnuson-Moss Warranty Act, makes it illegal for motor
   52         vehicle manufacturers or dealers to void a motor
   53         vehicle warranty or deny coverage under the motor
   54         vehicle warranty simply because an aftermarket part or
   55         a recycled part was installed or used on the vehicle
   56         or simply because someone other than the dealer
   57         performed service on the vehicle. It is illegal for a
   58         manufacturer or dealer to void your warranty or deny
   59         coverage under the warranty simply because you used an
   60         aftermarket part or a recycled part. However, if an
   61         aftermarket part or a recycled part was, itself,
   62         defective or was installed incorrectly and caused
   63         damage to another part covered under the warranty, the
   64         manufacturer or dealer has the right to deny coverage
   65         for that part and to charge you for any repairs. The
   66         Federal Trade Commission requires the manufacturer or
   67         dealer to show that the defective or improperly
   68         installed aftermarket part or recycled part caused the
   69         need for repairs before denying warranty coverage.
   70         Section 3. This act shall take effect July 1, 2017.