Bill Text: FL S0396 | 2018 | Regular Session | Comm Sub

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Bill Title: Motor Vehicle Insurance Coverage for Windshield Glass

Spectrum: Bipartisan Bill

Status: (Failed) 2018-03-10 - Died in Banking and Insurance [S0396 Detail]

Download: Florida-2018-S0396-Comm_Sub.html

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       Florida Senate - 2018                       CS for CS for SB 396
       
       
        
       By the Committees on Commerce and Tourism; and Banking and
       Insurance; and Senators Hukill, Young, and Hutson
       
       
       
       
       577-02606-18                                           2018396c2
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance coverage
    3         for windshield glass; amending s. 559.920, F.S.;
    4         prohibiting motor vehicle repair shops or their
    5         employees from offering anything of value to a
    6         customer in exchange for making an insurance claim for
    7         motor vehicle glass replacement or repair, including
    8         offers made through certain persons; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 559.920, Florida Statutes, is amended to
   14  read:
   15         559.920 Unlawful acts and practices.—It shall be a
   16  violation of this act for any motor vehicle repair shop or
   17  employee thereof to:
   18         (1) Engage or attempt to engage in repair work for
   19  compensation of any type without first being registered with or
   20  having submitted an affidavit of exemption to the department;
   21         (2) Make or charge for repairs which have not been
   22  expressly or impliedly authorized by the customer;
   23         (3) Misrepresent that repairs have been made to a motor
   24  vehicle;
   25         (4) Misrepresent that certain parts and repairs are
   26  necessary to repair a vehicle;
   27         (5) Misrepresent that the vehicle being inspected or
   28  diagnosed is in a dangerous condition or that the customer’s
   29  continued use of the vehicle may be harmful or cause great
   30  damage to the vehicle;
   31         (6) Fraudulently alter any customer contract, estimate,
   32  invoice, or other document;
   33         (7) Fraudulently misuse any customer’s credit card;
   34         (8) Make or authorize in any manner or by any means
   35  whatever any written or oral statement which is untrue,
   36  deceptive or misleading, and which is known, or which by the
   37  exercise of reasonable care should be known, to be untrue,
   38  deceptive or misleading;
   39         (9) Make false promises of a character likely to influence,
   40  persuade, or induce a customer to authorize the repair, service,
   41  or maintenance of a motor vehicle;
   42         (10) Substitute used, rebuilt, salvaged, or straightened
   43  parts for new replacement parts without notice to the motor
   44  vehicle owner and to her or his insurer if the cost of repair is
   45  to be paid pursuant to an insurance policy and the identity of
   46  the insurer or its claims adjuster is disclosed to the motor
   47  vehicle repair shop;
   48         (11) Cause or allow a customer to sign any work order that
   49  does not state the repairs requested by the customer or the
   50  automobile’s odometer reading at the time of repair;
   51         (12) Fail or refuse to give to a customer a copy of any
   52  document requiring the customer’s signature upon completion or
   53  cancellation of the repair work;
   54         (13) Willfully depart from or disregard accepted practices
   55  and professional standards;
   56         (14) Have repair work subcontracted without the knowledge
   57  or consent of the customer unless the motor vehicle repair shop
   58  or employee thereof demonstrates that the customer could not
   59  reasonably have been notified;
   60         (15) Conduct the business of motor vehicle repair in a
   61  location other than that stated on the registration certificate;
   62         (16) Rebuild or restore a rebuilt vehicle without the
   63  knowledge of the owner in such a manner that it does not conform
   64  to the original vehicle manufacturer’s established repair
   65  procedures or specifications and allowable tolerances for the
   66  particular model and year; or
   67         (17) Offer to a customer a rebate, gift, gift card, cash,
   68  coupon, or any other thing of value in exchange for making an
   69  insurance claim for motor vehicle glass replacement or repair,
   70  including an offer made through a nonemployee who is compensated
   71  for the solicitation of insurance claims; or
   72         (18)(17) Perform any other act that is a violation of this
   73  part or that constitutes fraud or misrepresentation.
   74         Section 2. This act shall take effect July 1, 2018.