Florida Senate - 2023 SB 1002
By Senator Stewart
17-00257B-23 20231002__
1 A bill to be entitled
2 An act relating to motor vehicle glass; amending s.
3 559.903, F.S.; defining the term “advanced driver
4 assistance system”; revising the definition of the
5 term “motor vehicle repair”; amending s. 559.920,
6 F.S.; prohibiting motor vehicle repair shops or their
7 employees from offering anything of value to a
8 customer in exchange for making an insurance claim for
9 motor vehicle glass replacement or repair, including
10 offers made through certain persons; specifying that
11 the failure to provide certain electronic or written
12 notice relating to calibrating or recalibrating an
13 advanced driver assistance system is unlawful;
14 creating s. 627.7289, F.S.; prohibiting persons from
15 entering into assignment agreements of post-loss
16 benefits for motor vehicle glass replacement or repair
17 after a specified date; providing that such assignment
18 agreements are void and unenforceable; defining the
19 term “assignment agreement”; providing an effective
20 date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Present subsections (1) through (5), (6), and
25 (7) of section 559.903, Florida Statutes, are redesignated as
26 subsections (2) through (6), (8), and (9), respectively, a new
27 subsection (1) is added to that section, and present subsection
28 (8) of that section is amended, to read:
29 559.903 Definitions.—As used in this act:
30 (1) “Advanced driver assistance system” means any motor
31 vehicle electronic safety system that is associated with motor
32 vehicle glass and is designed to support the driver and motor
33 vehicle in a manner intended to increase motor vehicle safety
34 and reduce losses associated with motor vehicle crashes.
35 (7)(8) “Motor vehicle repair” means all maintenance of and
36 modifications and repairs to motor vehicles, and diagnostic work
37 incident thereto, including, but not limited to, the rebuilding
38 or restoring of rebuilt vehicles, body work, painting, warranty
39 work, calibration or recalibration of advanced driver assistance
40 systems, and other work customarily undertaken by motor vehicle
41 repair shops.
42 Section 2. Section 559.920, Florida Statutes, is amended to
43 read:
44 559.920 Unlawful acts and practices.—It is shall be a
45 violation of this act for any motor vehicle repair shop or
46 employee thereof to do any of the following:
47 (1) Engage or attempt to engage in repair work for
48 compensation of any type without first being registered with or
49 having submitted an affidavit of exemption to the department.;
50 (2) Make or charge for repairs that which have not been
51 expressly or impliedly authorized by the customer.;
52 (3) Misrepresent that repairs have been made to a motor
53 vehicle.;
54 (4) Misrepresent that certain parts and repairs are
55 necessary to repair a vehicle.;
56 (5) Misrepresent that the vehicle being inspected or
57 diagnosed is in a dangerous condition or that the customer’s
58 continued use of the vehicle may be harmful or cause great
59 damage to the vehicle.;
60 (6) Fraudulently alter any customer contract, estimate,
61 invoice, or other document.;
62 (7) Fraudulently misuse any customer’s credit card.;
63 (8) Make or authorize in any manner or by any means
64 whatever any written or oral statement that which is untrue,
65 deceptive, or misleading, and that which is known, or that which
66 by the exercise of reasonable care should be known, to be
67 untrue, deceptive, or misleading.;
68 (9) Make false promises of a character likely to influence,
69 persuade, or induce a customer to authorize the repair, service,
70 or maintenance of a motor vehicle.;
71 (10) Substitute used, rebuilt, salvaged, or straightened
72 parts for new replacement parts without notice to the motor
73 vehicle owner and to her or his insurer if the cost of repair is
74 to be paid pursuant to an insurance policy and the identity of
75 the insurer or its claims adjuster is disclosed to the motor
76 vehicle repair shop.;
77 (11) Cause or allow a customer to sign any work order that
78 does not state the repairs requested by the customer or the
79 automobile’s odometer reading at the time of repair.;
80 (12) Fail or refuse to give to a customer a copy of any
81 document requiring the customer’s signature upon completion or
82 cancellation of the repair work.;
83 (13) Willfully depart from or disregard accepted practices
84 and professional standards.;
85 (14) Have repair work subcontracted without the knowledge
86 or consent of the customer unless the motor vehicle repair shop
87 or employee thereof demonstrates that the customer could not
88 reasonably have been notified.;
89 (15) Conduct the business of motor vehicle repair in a
90 location other than that stated on the registration
91 certificate.;
92 (16) Rebuild or restore a rebuilt vehicle without the
93 knowledge of the owner in such a manner that it does not conform
94 to the original vehicle manufacturer’s established repair
95 procedures or specifications and allowable tolerances for the
96 particular model and year.; or
97 (17) Offer to a customer a rebate, gift, gift card, cash,
98 coupon, or any other thing of value in exchange for making an
99 insurance claim for motor vehicle glass replacement or repair,
100 including, but not limited to, calibration or recalibration of
101 an advanced driver assistance system. A nonemployee who is
102 compensated for the solicitation of insurance claims is also
103 prohibited from making such offer.
104 (18) Fail to provide electronic notice or written notice in
105 at least 12-point type to the customer whether the calibration
106 or recalibration of the advanced driver assistance system is
107 required as part of the replacement or repair of motor vehicle
108 glass to make such system operable and to ensure such service is
109 performed in a manner that meets or exceeds the vehicle
110 manufacturer’s specifications.
111 (20) Perform any other act that is a violation of this part
112 or that constitutes fraud or misrepresentation.
113 (19)(18) Violate any provision of s. 713.585.
114 Section 3. Section 627.7289, Florida Statutes, is created
115 to read:
116 627.7289 Assignment of post-loss motor vehicle glass
117 benefits prohibited.—
118 (1) A policyholder or any other person may not enter into
119 an assignment agreement of post-loss benefits for motor vehicle
120 glass replacement or repair, including, but not limited to, for
121 calibration or recalibration of advanced driver assistance
122 systems as defined in s. 559.903, under a policy of motor
123 vehicle insurance issued or renewed in this state by an
124 authorized insurer on or after July 1, 2023. Any such assignment
125 agreement entered into in violation of this subsection is void
126 and unenforceable.
127 (2) As used in this section, the term “assignment
128 agreement” means any instrument, regardless of how such
129 agreement is named or styled, by which post-loss benefits,
130 including, but not limited to, claim payments, under a motor
131 vehicle insurance policy are, in whole or in part, assigned or
132 transferred to, or acquired in any manner by, a person providing
133 services for motor vehicle glass replacement or repair,
134 including, but not limited to, inspecting, protecting,
135 repairing, restoring, or replacing the motor vehicle glass or
136 calibrating or recalibrating advanced driver assistance systems.
137 Section 4. This act shall take effect July 1, 2023.