Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 396
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/29/2018           .                                

       The Committee on Commerce and Tourism (Hukill) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 559.920, Florida Statutes, is amended to
    6  read:
    7         559.920 Unlawful acts and practices.—It shall be a
    8  violation of this act for any motor vehicle repair shop or
    9  employee thereof to:
   10         (1) Engage or attempt to engage in repair work for
   11  compensation of any type without first being registered with or
   12  having submitted an affidavit of exemption to the department;
   13         (2) Make or charge for repairs which have not been
   14  expressly or impliedly authorized by the customer;
   15         (3) Misrepresent that repairs have been made to a motor
   16  vehicle;
   17         (4) Misrepresent that certain parts and repairs are
   18  necessary to repair a vehicle;
   19         (5) Misrepresent that the vehicle being inspected or
   20  diagnosed is in a dangerous condition or that the customer’s
   21  continued use of the vehicle may be harmful or cause great
   22  damage to the vehicle;
   23         (6) Fraudulently alter any customer contract, estimate,
   24  invoice, or other document;
   25         (7) Fraudulently misuse any customer’s credit card;
   26         (8) Make or authorize in any manner or by any means
   27  whatever any written or oral statement which is untrue,
   28  deceptive or misleading, and which is known, or which by the
   29  exercise of reasonable care should be known, to be untrue,
   30  deceptive or misleading;
   31         (9) Make false promises of a character likely to influence,
   32  persuade, or induce a customer to authorize the repair, service,
   33  or maintenance of a motor vehicle;
   34         (10) Substitute used, rebuilt, salvaged, or straightened
   35  parts for new replacement parts without notice to the motor
   36  vehicle owner and to her or his insurer if the cost of repair is
   37  to be paid pursuant to an insurance policy and the identity of
   38  the insurer or its claims adjuster is disclosed to the motor
   39  vehicle repair shop;
   40         (11) Cause or allow a customer to sign any work order that
   41  does not state the repairs requested by the customer or the
   42  automobile’s odometer reading at the time of repair;
   43         (12) Fail or refuse to give to a customer a copy of any
   44  document requiring the customer’s signature upon completion or
   45  cancellation of the repair work;
   46         (13) Willfully depart from or disregard accepted practices
   47  and professional standards;
   48         (14) Have repair work subcontracted without the knowledge
   49  or consent of the customer unless the motor vehicle repair shop
   50  or employee thereof demonstrates that the customer could not
   51  reasonably have been notified;
   52         (15) Conduct the business of motor vehicle repair in a
   53  location other than that stated on the registration certificate;
   54         (16) Rebuild or restore a rebuilt vehicle without the
   55  knowledge of the owner in such a manner that it does not conform
   56  to the original vehicle manufacturer’s established repair
   57  procedures or specifications and allowable tolerances for the
   58  particular model and year; or
   59         (17) Offer to a customer a rebate, gift, gift card, cash,
   60  coupon, or any other thing of value in exchange for making an
   61  insurance claim for motor vehicle glass replacement or repair,
   62  including an offer made through a nonemployee who is compensated
   63  for the solicitation of insurance claims; or
   64         (18)(17) Perform any other act that is a violation of this
   65  part or that constitutes fraud or misrepresentation.
   66         Section 2. This act shall take effect July 1, 2018.
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete everything before the enacting clause
   71  and insert:
   72                        A bill to be entitled                      
   73         An act relating to motor vehicle insurance coverage
   74         for windshield glass; amending s. 559.920, F.S.;
   75         prohibiting motor vehicle repair shops or their
   76         employees from offering anything of value to a
   77         customer in exchange for making an insurance claim for
   78         motor vehicle glass replacement or repair, including
   79         offers made through certain persons; providing an
   80         effective date.