Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7005, 2nd Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             05/01/2014 02:56 PM       .                                

       Senator Ring moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 1510 and 1511
    4  insert:
    5         Section 35. Section 559.920, Florida Statutes, is amended
    6  to read:
    7         559.920 Unlawful acts and practices.—It shall be a
    8  violation of this act for any motor vehicle repair shop, or any
    9  facility providing motor vehicle glass replacement or glass
   10  repair service or products, or an employee thereof to do any of
   11  the following:
   12         (1) Engage or attempt to engage in repair work for
   13  compensation of any type without first being registered with or
   14  having submitted an affidavit of exemption to the department.;
   15         (2) Make or charge for repairs which have not been
   16  expressly or impliedly authorized by the customer.;
   17         (3) Misrepresent that repairs have been made to a motor
   18  vehicle.;
   19         (4) Misrepresent that certain parts and repairs are
   20  necessary to repair a vehicle.;
   21         (5) Misrepresent that the vehicle being inspected or
   22  diagnosed is in a dangerous condition or that the customer’s
   23  continued use of the vehicle may be harmful or cause great
   24  damage to the vehicle.;
   25         (6) Fraudulently alter any customer contract, estimate,
   26  invoice, or other document.;
   27         (7) Fraudulently misuse any customer’s credit card.;
   28         (8) Make or authorize in any manner or by any means
   29  whatever any written or oral statement which is untrue,
   30  deceptive or misleading, and which is known, or which by the
   31  exercise of reasonable care should be known, to be untrue,
   32  deceptive or misleading.;
   33         (9) Make false promises of a character likely to influence,
   34  persuade, or induce a customer to authorize the repair, service,
   35  or maintenance of a motor vehicle.;
   36         (10) Substitute used, rebuilt, salvaged, or straightened
   37  parts for new replacement parts without notice to the motor
   38  vehicle owner and to her or his insurer if the cost of repair is
   39  to be paid pursuant to an insurance policy and the identity of
   40  the insurer or its claims adjuster is disclosed to the motor
   41  vehicle repair shop.;
   42         (11) Cause or allow a customer to sign any work order that
   43  does not state the repairs requested by the customer or the
   44  automobile’s odometer reading at the time of repair.;
   45         (12) Fail or refuse to give to a customer a copy of any
   46  document requiring the customer’s signature upon completion or
   47  cancellation of the repair work.;
   48         (13) Willfully depart from or disregard accepted practices
   49  and professional standards.;
   50         (14) Have repair work subcontracted without the knowledge
   51  or consent of the customer unless the motor vehicle repair shop
   52  or employee thereof demonstrates that the customer could not
   53  reasonably have been notified.;
   54         (15) Conduct the business of motor vehicle repair in a
   55  location other than that stated on the registration
   56  certificate.;
   57         (16) Rebuild or restore a rebuilt vehicle without the
   58  knowledge of the owner in such a manner that it does not conform
   59  to the original vehicle manufacturer’s established repair
   60  procedures or specifications and allowable tolerances for the
   61  particular model and year.; or
   62         (17) Perform any other act that is a violation of this part
   63  or that constitutes fraud or misrepresentation.
   64         (18) Participate in the replacement or repair of motor
   65  vehicle glass by doing one of the following:
   66         (a) Intimidating, coercing, or threatening a consumer into
   67  selecting a particular motor vehicle glass repair facility.
   68         (b) Waiving or offering to waive an applicable insurance
   69  deductible.
   70         (c) Offering a rebate, gift, gift card, cash, coupon, or
   71  anything of value in exchange for a consumer making an insurance
   72  claim for motor vehicle glass replacement or repair.
   73         (d) Performing a motor vehicle glass replacement or repair
   74  or other services for which the facility will seek reimbursement
   75  from an insurer, without first obtaining insurer approval.
   76         (e) Failing to make the subject motor vehicle available for
   77  inspection before performing motor vehicle glass repair and
   78  replacement services to the applicable insurer if the insurer
   79  requests such inspection.
   81  ================= T I T L E  A M E N D M E N T ================
   82  And the title is amended as follows:
   83         Delete lines 2 - 187
   84  and insert:
   85         An act relating to transportation; amending s.
   86         61.13016, F.S.; revising notification requirements
   87         with respect to the suspension of the driver license
   88         of a child support obligor; requiring delinquent child
   89         support obligors to provide certain documentation
   90         within a specified period in order to prevent the
   91         suspension of his or her driver license; amending s.
   92         316.003, F.S.; defining the terms “sanitation vehicle”
   93         and “utility service vehicle” for purposes of the
   94         Florida Uniform Traffic Control Law; creating s.
   95         316.0778, F.S.; defining the term “automated license
   96         plate recognition system”; requiring the Department of
   97         State to consult with the Department of Law
   98         Enforcement in establishing a retention schedule for
   99         records generated by the use of an automated license
  100         plate recognition system; amending s. 316.126, F.S.;
  101         requiring a driver to change lanes when approaching a
  102         sanitation or utility service vehicle performing a
  103         service-related task on the roadside; amending s.
  104         316.193, F.S.; authorizing the court to order the
  105         placement of an ignition interlock device for certain
  106         first-time offenders of driving under the influence;
  107         authorizing the court to dismiss an order of
  108         impoundment or immobilization as a result of driving
  109         under the influence if the defendant provides proof to
  110         the court of the installation of a functioning,
  111         certified ignition interlock device; authorizing the
  112         court to order sobriety and drug monitoring in
  113         addition to specified ignition interlock device
  114         requirements; defining terms; amending s. 316.1937,
  115         F.S.; providing requirements for a person otherwise
  116         required to have an installed ignition interlock
  117         device to operate a leased motor vehicle in the course
  118         and scope of employment without installation of such
  119         device; amending s. 316.1938, F.S.; revising
  120         requirements for certification of ignition interlock
  121         devices; requiring contracts between the department
  122         and ignition interlock device service providers;
  123         providing contract requirements; requiring the
  124         provider to maintain confidentiality under specified
  125         provisions; providing for application of specified
  126         provisions; amending s. 316.1975, F.S.; providing that
  127         certain requirements for an unattended vehicle do not
  128         apply to a vehicle that is started by remote control
  129         under certain circumstances; amending s. 316.2126,
  130         F.S.; revising the timeframe for the authorized use of
  131         golf carts, low-speed vehicles, and utility vehicles
  132         related to seasonal delivery personnel; amending s.
  133         316.2952, F.S.; revising a provision exempting a
  134         global position system device or similar satellite
  135         receiver device from the prohibition of attachments on
  136         windshields; amending s. 316.86, F.S.; revising
  137         provisions relating to the operation of vehicles
  138         equipped with autonomous technology on state roads for
  139         testing purposes; authorizing certain research
  140         organizations to operate such vehicles; deleting an
  141         obsolete provision; amending s. 318.15, F.S.;
  142         prohibiting the department from accepting the
  143         resubmission of certain driver license suspensions;
  144         amending s. 318.18, F.S.; providing for a clerk of
  145         court to designate a local governmental entity for
  146         disposition of certain parking citations; authorizing
  147         such entity to retain the processing fee; amending s.
  148         320.02, F.S.; requiring the department to withhold the
  149         renewal of registration or replacement registration of
  150         a motor vehicle identified in a notice submitted by a
  151         lienor for failure to surrender the vehicle; providing
  152         conditions under which a revalidation sticker or
  153         replacement license plate may be issued; amending ss.
  154         320.08056 and 320.08058, F.S.; revising the names of
  155         certain specialty license plates; revising
  156         distribution of revenue received from the sale of a
  157         certain plate; revising requirements for the use of
  158         specialty license plate annual use fees; defining the
  159         term “administrative expenses”; amending s. 320.089,
  160         F.S.; creating a new military-related special use
  161         license plate that will be stamped with the word
  162         “Veteran”; amending s. 320.08062, F.S.; revising audit
  163         and attestation requirements for specialty license
  164         plate organizations and the department; revising
  165         procedures for discontinuance of revenue payments and
  166         deauthorization of a plate; directing the department
  167         to notify the Legislature within a certain timeframe
  168         if an organization has failed to use revenue in
  169         accordance with specified provisions; amending s.
  170         320.083, F.S.; revising the requirements for a special
  171         license plate for certain amateur radio operators;
  172         amending s. 320.1316, F.S.; prohibiting the department
  173         from issuing a license plate, revalidation sticker, or
  174         replacement license plate for a vehicle, or a vessel
  175         registration number or decal for a vessel, identified
  176         in a notice from a lienor; requiring that a notice to
  177         surrender a vehicle or vessel be signed under oath by
  178         the lienor; authorizing a registered owner of a
  179         vehicle or vessel to bring a civil action to dispute a
  180         notice to surrender a vehicle or vessel or his or her
  181         inclusion on the list of persons who may not be issued
  182         a license plate, revalidation sticker, replacement
  183         license plate, or vessel registration number or decal;
  184         providing procedures for such a civil action;
  185         providing for the award of attorney fees and costs;
  186         amending s. 320.771, F.S.; requiring a licensed
  187         recreational vehicle dealer who applies for a
  188         supplemental license to hold certain off-premises
  189         sales to notify the local department office of the
  190         dates and location for such sales; specifying
  191         requirements for licensed recreational vehicle dealers
  192         to hold such sales; creating s. 322.032, F.S.;
  193         requiring the department to begin to review and
  194         prepare for the development of a system for issuing an
  195         optional digital proof of driver license; authorizing
  196         the department to contract with private entities to
  197         develop the system; providing requirements for digital
  198         proof of driver license; providing criminal penalties
  199         for manufacturing or possessing a false digital proof
  200         of driver license; amending s. 322.055, F.S.; reducing
  201         the mandatory period of revocation or suspension of,
  202         or delay in eligibility for, a driver license for
  203         persons convicted of certain drug offenses; requiring
  204         the court to make a determination as to whether a
  205         restricted license would be appropriate for persons
  206         convicted of certain drug offenses; amending s.
  207         322.058, F.S.; requiring the department to reinstate
  208         the driving privilege and allow registration of a
  209         motor vehicle of a child support obligor upon receipt
  210         of an affidavit containing specified information;
  211         amending s. 322.059, F.S.; requiring the department to
  212         invalidate the digital proof of driver license for a
  213         person whose license or registration has been
  214         suspended; amending s. 322.141, F.S.; revising
  215         requirements for special markings on driver licenses
  216         and state identification cards for persons designated
  217         as sexual predators or subject to registration as
  218         sexual offenders to include persons so designated or
  219         subject to registration under the laws of another
  220         jurisdiction; amending s. 322.143, F.S.; providing for
  221         a first responder, emergency medical technician, or
  222         other authorized health care practitioner to access
  223         medical information through use of a person’s driver
  224         license or identification card under certain
  225         conditions; amending s. 322.15, F.S.; authorizing a
  226         digital proof of driver license to be accepted in lieu
  227         of a physical driver license; amending s. 322.27,
  228         F.S.; providing for a clerk of court to remove a
  229         habitual traffic offender designation if the offender
  230         meets certain conditions; amending s. 322.2715, F.S.;
  231         authorizing ignition interlock device installation for
  232         at least 6 continuous months for a first offense of
  233         driving under the influence; creating s. 322.276,
  234         F.S.; authorizing the department to issue a driver
  235         license to a person whose license is suspended or
  236         revoked in another state under certain circumstances;
  237         amending s. 323.002, F.S.; providing that an
  238         unauthorized wrecker operator’s wrecker, tow truck, or
  239         other motor vehicle used during certain offenses may
  240         be immediately removed and impounded; requiring an
  241         unauthorized wrecker operator to disclose in writing
  242         to the owner or operator of a motor vehicle certain
  243         information; requiring the unauthorized wrecker
  244         operator to provide a copy of the disclosure to the
  245         owner or operator in the presence of a law enforcement
  246         officer if such officer is at the scene of a motor
  247         vehicle accident; authorizing a law enforcement
  248         officer from a local governmental agency or state law
  249         enforcement agency to cause to be removed and
  250         impounded from the scene of a wrecked or disabled
  251         vehicle an unauthorized wrecker, tow truck, or other
  252         motor vehicle; authorizing the authority that caused
  253         the removal and impoundment to assess a cost recovery
  254         fine; requiring a release form; requiring the wrecker,
  255         tow truck, or other motor vehicle to remain impounded
  256         until the fine is paid; providing the amounts for the
  257         cost recovery fine for first and subsequent
  258         violations; requiring the unauthorized wrecker
  259         operator to pay the fees associated with the removal
  260         and storage of the wrecker, tow truck, or other motor
  261         vehicle; amending s. 526.141, F.S.; requiring self
  262         service gasoline pumps to display an additional decal
  263         containing specified information; requiring the
  264         Department of Agriculture and Consumer Services to
  265         confirm compliance by a specified date; providing for
  266         preemption of local laws and regulations pertaining to
  267         fueling assistance for certain motor vehicle
  268         operators; amending s. 526.142, F.S.; providing for
  269         preemption of local laws and regulations pertaining to
  270         air and vacuum devices; amending s. 559.920, F.S.;
  271         prohibiting a facility that provides motor vehicle
  272         glass replacement or glass repair services or products
  273         or an employee thereof from performing certain
  274         unlawful actions and practices; amending s. 562.11,
  275         F.S.;