Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 312
       
       
       
       
       
       
                                Ì199336BÎ199336                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  12/11/2019           .                                
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       The Committee on Banking and Insurance (Stewart) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    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 do any of the following:
   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
   54  certificate.;
   55         (16) Rebuild or restore a rebuilt vehicle without the
   56  knowledge of the owner in such a manner that it does not conform
   57  to the original vehicle manufacturer’s established repair
   58  procedures or specifications and allowable tolerances for the
   59  particular model and year.; or
   60         (17)Offer to a customer a rebate, gift, gift card, cash,
   61  coupon, or any other thing of value in exchange for making an
   62  insurance claim for motor vehicle glass replacement or repair,
   63  including an offer made through a nonemployee who is compensated
   64  for the solicitation of insurance claims.
   65         (18)Pursuant to the repair or replacement of motor vehicle
   66  glass for motor vehicles equipped with safety-related systems
   67  requiring calibration, fail to provide written notice to the
   68  consumer that repair or replacement will require recalibration
   69  of safety-related systems and whether that calibration will be
   70  performed and meet or exceed the manufacturer’s procedures or
   71  specifications, and, if recalibration is not performed or not
   72  completed successfully, written notice to the consumer that the
   73  vehicle should be taken to be recalibrated by a professional
   74  capable of performing a recalibration that meets or exceeds the
   75  manufacturer’s procedures or specifications. Written notice must
   76  be in at least 12-point type.
   77         (20)(17) Perform any other act that is a violation of this
   78  part or that constitutes fraud or misrepresentation.
   79         (19)(18) Violate any provision of s. 713.585.
   80         Section 2. Section 559.9201, Florida Statutes, is created
   81  to read:
   82         559.9201 Repairs pursuant to assignment agreements.—
   83         (1)As used in this section, the term:
   84         (a)“Assignee” means a person who is assigned post-loss
   85  benefits under comprehensive or combined additional coverage
   86  under a motor vehicle insurance policy for windshield damage
   87  through an assignment agreement.
   88         (b)“Assignment agreement” means any instrument by which
   89  post-loss benefits under comprehensive or combined additional
   90  coverage under a motor vehicle insurance policy for windshield
   91  damage are assigned, transferred, or acquired in any manner, in
   92  whole or in part, to or from a person providing services to
   93  repair or replace motor vehicle glass.
   94         (c)“Assignor” means a person who assigns post-loss
   95  benefits under comprehensive or combined additional coverage
   96  under a motor vehicle insurance policy for windshield damage to
   97  another person through an assignment agreement.
   98         (2)In order for an assignment agreement to be valid:
   99         (a)The assignment agreement must include all of the
  100  following:
  101         1.A written repair estimate pursuant to s. 559.905, which
  102  cannot be waived, with a clearly defined total amount to be
  103  billed to the insurer.
  104         2.The following disclosure in at least 16-point type:
  105  
  106         ...(INSERT ASSIGNEE NAME)... HAS TAKEN AN ASSIGNMENT
  107         OF BENEFITS FOR YOUR COMPREHENSIVE OR COMBINED
  108         ADDITIONAL COVERAGE UNDER YOUR MOTOR VEHICLE INSURANCE
  109         POLICY. ...(INSERT ASSIGNEE NAME)... INTENDS TO FILE A
  110         CLAIM WITH YOUR INSURANCE COMPANY, AND MAY ALSO BE
  111         ENTITLED TO FILE A LAWSUIT IN YOUR NAME, PURSUANT TO
  112         THIS ASSIGNMENT OF BENEFITS AGREEMENT. PLEASE SIGN
  113         BELOW TO ACKNOWLEDGE THAT ...(INSERT ASSIGNEE NAME)...
  114         INTENDS TO FILE A CLAIM WITH YOUR INSURANCE COMPANY,
  115         AND THAT A LAWSUIT REGARDING YOUR INSURANCE POLICY MAY
  116         BE FILED IN YOUR NAME.
  117  
  118         3.The name, phone number, and address of the assignee and
  119  the assignor, and the assignor’s signature.
  120         (b)The assignee must, at the time of providing an
  121  assignment agreement to the consumer, comply with s.
  122  559.920(18).
  123         (c)The assignment agreement may not include services not
  124  provided, including, but not limited to, recalibration of
  125  safety-related systems.
  126         (3)The assignment agreement must be provided to the
  127  insurer at the time of filing the claim with the insurer.
  128  Failure to do so precludes a court from awarding attorney fees
  129  to the assignee under s. 626.9373 or s. 627.428.
  130         (4)(a)An assignee must provide the insurer and the
  131  assignor with a written notice of intent to initiate litigation
  132  before filing suit under the policy. Such notice must be served
  133  by certified mail, return receipt requested, or electronic
  134  delivery at least 30 days before filing suit. The notice must
  135  specify the damages in dispute, the amount claimed, and a
  136  presuit settlement demand. Concurrent with the notice, and as a
  137  precondition to filing the suit, the assignee must provide the
  138  insurer and the assignor a detailed written invoice of services,
  139  including itemized information on equipment, materials, and
  140  supplies; the number of labor hours; and, in the case of work
  141  performed, proof that the work has been performed in accordance
  142  with accepted industry standards.
  143         (b)An insurer must respond in writing to the notice within
  144  15 days after receiving the notice specified in paragraph (a) by
  145  making a presuit settlement offer or requiring the assignee to
  146  participate in appraisal or other methods of alternative dispute
  147  resolution under the policy. An insurer must have a procedure
  148  for the prompt investigation, review, and evaluation of the
  149  dispute stated in the notice and must investigate each claim
  150  contained in the notice in accordance with the Florida Insurance
  151  Code.
  152         Section 3. This act shall take effect July 1, 2020.
  153  
  154  ================= T I T L E  A M E N D M E N T ================
  155  And the title is amended as follows:
  156         Delete everything before the enacting clause
  157  and insert:
  158                        A bill to be entitled                      
  159         An act relating to motor vehicle glass; amending s.
  160         559.920, F.S.; prohibiting motor vehicle repair shops
  161         or their employees from offering anything of value to
  162         a customer in exchange for making an insurance claim
  163         for motor vehicle glass replacement or repair,
  164         including offers made through certain persons;
  165         providing that the failure of a motor vehicle shop or
  166         one of its employees to provide certain written notice
  167         to consumers regarding recalibration of safety-related
  168         systems is an unlawful act; creating s. 559.9201,
  169         F.S.; defining terms; providing requirements that must
  170         be met in order for an assignment agreement to be
  171         valid; requiring that an assignment agreement be
  172         provided to an insurer at a specified time;
  173         prohibiting courts from awarding attorney fees to
  174         assignees if the assignment agreement is not provided
  175         to the insurer at a specified time; providing
  176         requirements relating to service of written notices of
  177         intent to initiate litigation; requiring insurers to
  178         respond to a notice in a specified manner and within a
  179         specified timeframe; requiring insurers to have
  180         certain procedures relating to disputes; providing an
  181         effective date.