FL
Florida House Bill H0541

Florida 2023 Regular Session

Florida House Bill H0541 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to motor vehicle glass; amending s. 2
1616 559.903, F.S.; defining the term "advanced driver 3
1717 assistance system"; revising the definition of the 4
1818 term "motor vehicle repair"; amending s. 559.920, 5
1919 F.S.; prohibiting motor vehicle repair shops or their 6
2020 employees from offering anything of value to a 7
2121 customer in exchange for making an insurance claim for 8
2222 motor vehicle glass replacement or repair, including 9
2323 offers made through certain persons; specifying that 10
2424 the failure to provide certain electronic or written 11
2525 notice relating to calibrating or recalibrating an 12
2626 advanced driver assistance system is unlawful; 13
2727 amending s. 627.7288, F.S.; authorizing an optional 14
2828 deductible for windshield; specifying deductible 15
2929 amount; limiting deductible application; creating s. 16
3030 627.7289, F.S.; prohibiting persons from entering into 17
3131 assignment agreements of post -loss benefits for motor 18
3232 vehicle glass replacement or repair on or after a 19
3333 specified date; providing that such assignment 20
3434 agreements are void and unenforceable; defining the 21
35-term "assignment agreement"; creating s. 627.7291, 22
36-F.S.; prohibiting insurers, agents, and adjusters and 23
37-specified persons and entities from requirin g 24
38-claimants to use particular companies and locations 25
35+term "assignment agreement"; providing an effective 22
36+date. 23
37+ 24
38+Be It Enacted by the Legislature of the State of Florida: 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-for certain motor vehicle windshield services and 26
52-products; providing duties and authorities of such 27
53-persons and entities; requiring insurance premium 28
54-discounts under certain circumstances; providing 29
55-construction; providing applicability; providing an 30
56-effective date. 31
57- 32
58-Be It Enacted by the Legislature of the State of Florida: 33
59- 34
60- Section 1. Present subsections (1) through (5), (6), and 35
61-(7) of section 559.903, Florida Statutes, are redesignated as 36
62-subsections (2) through (6), (8), and (9), respectively, a new 37
63-subsection (1) is added to that section, and present subsection 38
64-(8) of that section is amended, to read: 39
65- 559.903 Definitions. —As used in this act: 40
66- (1) "Advanced driver assistance system" means any motor 41
67-vehicle electronic safety system that is associated with motor 42
68-vehicle glass and is designed to support the driver and motor 43
69-vehicle in a manner intended to increase motor vehicle safety 44
70-and reduce losses associated with motor vehicle crashes. 45
71- (7)(8) "Motor vehicle repair" means all maintenance of and 46
72-modifications and repairs to motor vehicles, and diagnostic work 47
73-incident thereto, including, but not limited to, the rebuilding 48
74-or restoring of rebuilt vehicles, body work, painting, warranty 49
75-work, calibration or recalibration of advanced driver assistance 50
51+ 26
52+ Section 1. Present subsectio ns (1) through (5), (6), and 27
53+(7) of section 559.903, Florida Statutes, are redesignated as 28
54+subsections (2) through (6), (8), and (9), respectively, a new 29
55+subsection (1) is added to that section, and present subsection 30
56+(8) of that section is amended, to rea d: 31
57+ 559.903 Definitions. —As used in this act: 32
58+ (1) "Advanced driver assistance system" means any motor 33
59+vehicle electronic safety system that is associated with motor 34
60+vehicle glass and is designed to support the driver and motor 35
61+vehicle in a manner intend ed to increase motor vehicle safety 36
62+and reduce losses associated with motor vehicle crashes. 37
63+ (7)(8) "Motor vehicle repair" means all maintenance of and 38
64+modifications and repairs to motor vehicles, and diagnostic work 39
65+incident thereto, including, but not limited to, the rebuilding 40
66+or restoring of rebuilt vehicles, body work, painting, warranty 41
67+work, calibration or recalibration of advanced driver assistance 42
68+systems, and other work customarily undertaken by motor vehicle 43
69+repair shops. 44
70+ Section 2. Section 559.920, Florida Statutes, is amended 45
71+to read: 46
72+ 559.920 Unlawful acts and practices. —It is shall be a 47
73+violation of this act for any motor vehicle repair shop or 48
74+employee thereof to do any of the following : 49
75+ (1) Engage or attempt to engage in repair work for 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-systems, and other work customarily undertaken by motor vehicle 51
89-repair shops. 52
90- Section 2. Section 559.920, Florida Statutes, is amended 53
91-to read: 54
92- 559.920 Unlawful acts and practices. —It is shall be a 55
93-violation of this act for any motor vehicle repair shop or 56
94-employee thereof to do any of the following : 57
95- (1) Engage or attempt to engage in repair work for 58
96-compensation of any type without first being registered with or 59
97-having submitted an affid avit of exemption to the department .; 60
98- (2) Make or charge for repairs that which have not been 61
99-expressly or impliedly authorized by the customer .; 62
100- (3) Misrepresent that repairs have been made to a motor 63
101-vehicle.; 64
102- (4) Misrepresent that certain parts an d repairs are 65
103-necessary to repair a vehicle .; 66
104- (5) Misrepresent that the vehicle being inspected or 67
105-diagnosed is in a dangerous condition or that the customer's 68
106-continued use of the vehicle may be harmful or cause great 69
107-damage to the vehicle .; 70
108- (6) Fraudulently alter any customer contract, estimate, 71
109-invoice, or other document .; 72
110- (7) Fraudulently misuse any customer's credit card .; 73
111- (8) Make or authorize in any manner or by any means 74
112-whatever any written or oral statement that which is untrue, 75
88+compensation of any type without first being registered with or 51
89+having submitted an affidavit of exemption to the department .; 52
90+ (2) Make or charge for repairs that which have not been 53
91+expressly or impliedly authorized by the customer .; 54
92+ (3) Misrepresent that repairs have been made to a motor 55
93+vehicle.; 56
94+ (4) Misrepresent that certain parts and repairs are 57
95+necessary to repair a vehicle .; 58
96+ (5) Misrepresent that the vehicle being inspected or 59
97+diagnosed is in a dangerous condition or that the customer's 60
98+continued use of the vehicle may be harmful or cause great 61
99+damage to the vehicle .; 62
100+ (6) Fraudulently alter any customer contract, estimate, 63
101+invoice, or other document .; 64
102+ (7) Fraudulently misuse any customer's credit card .; 65
103+ (8) Make or authorize in any manner or by any means 66
104+whatever any written or oral statement that which is untrue, 67
105+deceptive, or misleading, and that which is known, or that which 68
106+by the exercise of reasonable care should be known, to be 69
107+untrue, deceptive, or misleading.; 70
108+ (9) Make false promises of a character likely to 71
109+influence, persuade, or induce a customer to authorize the 72
110+repair, service, or maintenance of a motor vehicle .; 73
111+ (10) Substitute used, rebuilt, salvaged, or straightened 74
112+parts for new replacement parts without notice to the motor 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-deceptive, or misleading, and that which is known, or that which 76
126-by the exercise of reasonable care should be known, to be 77
127-untrue, deceptive, or misleading.; 78
128- (9) Make false promises of a character likely to 79
129-influence, persuade, or induce a customer to authorize th e 80
130-repair, service, or maintenance of a motor vehicle .; 81
131- (10) Substitute used, rebuilt, salvaged, or straightened 82
132-parts for new replacement parts without notice to the motor 83
133-vehicle owner and to her or his insurer if the cost of repair is 84
134-to be paid pursuant to an insurance policy and the identity of 85
135-the insurer or its claims adjuster is disclosed to the motor 86
136-vehicle repair shop.; 87
137- (11) Cause or allow a customer to sign any work order that 88
138-does not state the repairs requested by the customer or the 89
139-automobile's odometer reading at the time of repair .; 90
140- (12) Fail or refuse to give to a customer a copy of any 91
141-document requiring the customer's signature upon completion or 92
142-cancellation of the repair work .; 93
143- (13) Willfully depart from or disregard accepted pr actices 94
144-and professional standards .; 95
145- (14) Have repair work subcontracted without the knowledge 96
146-or consent of the customer unless the motor vehicle repair shop 97
147-or employee thereof demonstrates that the customer could not 98
148-reasonably have been notified .; 99
149- (15) Conduct the business of motor vehicle repair in a 100
125+vehicle owner and to her or his insurer if the cost of repair is 76
126+to be paid pursuant to an insurance policy and the identity of 77
127+the insurer or its claims adjuster is disclosed to the motor 78
128+vehicle repair shop.; 79
129+ (11) Cause or allow a customer to sign any work order that 80
130+does not state the repairs requested by the customer or the 81
131+automobile's odometer reading at the time of repair .; 82
132+ (12) Fail or refuse to give to a customer a copy of any 83
133+document requiring the cus tomer's signature upon completion or 84
134+cancellation of the repair work .; 85
135+ (13) Willfully depart from or disregard accepted practices 86
136+and professional standards .; 87
137+ (14) Have repair work subcontracted without the knowledge 88
138+or consent of the customer unless t he motor vehicle repair shop 89
139+or employee thereof demonstrates that the customer could not 90
140+reasonably have been notified .; 91
141+ (15) Conduct the business of motor vehicle repair in a 92
142+location other than that stated on the registration 93
143+certificate.; 94
144+ (16) Rebuild or restore a rebuilt vehicle without the 95
145+knowledge of the owner in such a manner that it does not conform 96
146+to the original vehicle manufacturer's established repair 97
147+procedures or specifications and allowable tolerances for the 98
148+particular model and y ear.; or 99
149+ (17) Offer to a customer a rebate, gift, gift card, cash, 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-location other than that stated on the registration 101
163-certificate.; 102
164- (16) Rebuild or restore a rebuilt vehicle without the 103
165-knowledge of the owner in such a manner that it does not conform 104
166-to the original vehicle manufacturer's established repair 105
167-procedures or specifications and allowable tolerances for the 106
168-particular model and year .; or 107
169- (17) Offer to a customer a rebate, gift, gift card, cash, 108
170-coupon, or any other thing of value in exchange for making an 109
171-insurance claim for motor vehicle glass replacement or repair, 110
172-including, but not limited to, calibration or recalibration of 111
173-an advanced driver assistance system. A nonemployee who is 112
174-compensated for the solicitation of insurance claims is also 113
175-prohibited from making such offer. 114
176- (18) Fail to provide electronic notice or written notice 115
177-in at least 12-point type to the customer whether the 116
178-calibration or recalibration of the advanced driver assistance 117
179-system is required as part of the replacement or re pair of motor 118
180-vehicle glass to make such system operable and to ensure such 119
181-service is performed in a manner that meets or exceeds the 120
182-vehicle manufacturer's specifications. 121
183- (20) Perform any other act that is a violation of this 122
184-part or that constitutes fraud or misrepresentation. 123
185- (19)(18) Violate any provision of s. 713.585. 124
186- Section 3. Section 627.7288, Florida Statutes, is amended 125
162+coupon, or any other thing of value in exchange for making an 101
163+insurance claim for motor vehicle glass replacement or repair, 102
164+including, but not limited to, calibration or recalibration of 103
165+an advanced driver assistance system. A nonemployee who is 104
166+compensated for the solicitation of insurance claims is also 105
167+prohibited from making such offer. 106
168+ (18) Fail to provide electronic notice or written notice 107
169+in at least 12-point type to the customer whether the 108
170+calibration or recalibration of the advanced driver assistance 109
171+system is required as part of the replacement or repair of motor 110
172+vehicle glass to make such system operable and to ensure such 111
173+service is performed in a manner that meets or exceed s the 112
174+vehicle manufacturer's specifications. 113
175+ (20) Perform any other act that is a violation of this 114
176+part or that constitutes fraud or misrepresentation. 115
177+ (19)(18) Violate any provision of s. 713.585. 116
178+ Section 3. Section 627.7288, Florida Statutes, is amended 117
179+to read: 118
180+ 627.7288 Comprehensive coverage; deductible not to apply 119
181+to motor vehicle windshield; exceptions glass.— 120
182+ (1) Except as otherwise provided in this section, the 121
183+deductible provisions of any policy of motor vehicle insurance, 122
184+delivered or issued in this state by an authorized insurer, 123
185+providing comprehensive coverage or combined additional coverage 124
186+shall not be applicable to damage to the windshield of any motor 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-to read: 126
200- 627.7288 Comprehensive coverage; deductible not to apply 127
201-to motor vehicle windshield; exceptions glass.— 128
202- (1) Except as otherwise provided in this section, the 129
203-deductible provisions of any policy of motor vehicle insurance, 130
204-delivered or issued in this state by an authorized insurer, 131
205-providing comprehensive coverage or combined additional coverage 132
206-shall not be applicable to damage to the windshield of any motor 133
207-vehicle covered under such policy. 134
208- (2) An insurer may offer to an applicant or insured, upon 135
209-the issuance or renewal of a policy providing comprehensive 136
210-coverage or combined additional coverage, a deduc tible of $250 137
211-for claims of damage to the windshield of any motor vehicle 138
212-covered under such policy. The applicant or insured may decline 139
213-the offer of a deductible. 140
214- (3) If a deductible for comprehensive coverage or combined 141
215-additional coverage is applied to a loss that includes damage in 142
216-addition to windshield damage, the windshield deductible under 143
217-this section may not apply. 144
218- Section 4. Section 627.7289, Florida Statutes, is created 145
219-to read: 146
220- 627.7289 Assignment of post -loss motor vehicle glass 147
221-benefits prohibited.— 148
222- (1) A policyholder or any other person may not enter into 149
223-an assignment agreement of post -loss benefits for motor vehicle 150
199+vehicle covered under such policy. 126
200+ (2) An insurer may offer to an applicant or insured, upon 127
201+the issuance or renewal of a policy providing comprehensive 128
202+coverage or combined additional coverage, a deductible of $250 129
203+for claims of damage to the windshield of any motor vehicle 130
204+covered under such policy. The applicant or insured may decline 131
205+the offer of a deductible. 132
206+ (3) If a deductible for comprehensive coverage or combined 133
207+additional coverage is applied to a loss that includes damage in 134
208+addition to windshield damage, the windshield deductible under 135
209+this section may not apply. 136
210+ Section 4. Section 627.7289, Florida Statutes, is created 137
211+to read: 138
212+ 627.7289 Assignment of post -loss motor vehicle glass 139
213+benefits prohibited. — 140
214+ (1) A policyholder or any other person may not enter into 141
215+an assignment agreement of post -loss benefits for motor vehicle 142
216+glass replacement or repair, including, but not limited to, for 143
217+calibration or recalibration of advanced driver assistance 144
218+systems as defined in s. 559.903, under a policy of motor 145
219+vehicle insurance issued or renewed in this state by an 146
220+authorized insurer on or after July 1, 2023. Any such assignment 147
221+agreement entered into in violation of this subsection is void 148
222+and unenforceable. 149
223+ (2) As used in this section, the term "assignment 150
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236-glass replacement or repair, including, but not limited to, for 151
237-calibration or recalibration of advanced driver as sistance 152
238-systems as defined in s. 559.903, under a policy of motor 153
239-vehicle insurance issued or renewed in this state by an 154
240-authorized insurer on or after July 1, 2023. Any such assignment 155
241-agreement entered into in violation of this subsection is void 156
242-and unenforceable. 157
243- (2) As used in this section, the term "assignment 158
244-agreement" means any instrument, regardless of how such 159
245-agreement is named or styled, by which post -loss benefits, 160
246-including, but not limited to, claim payments, under a motor 161
247-vehicle insurance policy are, in whole or in part, assigned or 162
248-transferred to, or acquired in any manner by, a person providing 163
249-services for motor vehicle glass replacement or repair, 164
250-including, but not limited to, inspecting, protecting, 165
251-repairing, restoring, or repl acing the motor vehicle glass or 166
252-calibrating or recalibrating advanced driver assistance systems. 167
253- Section 5. Section 627.7291, Florida Statutes, is created 168
254-to read: 169
255- 627.7291 Motor vehicle windshield claims and practices; 170
256-steering prohibited; exceptio ns.— 171
257- (1) No person, including an insurer, agent, or adjuster or 172
258-any person or entity acting on the insurer's, agent's, or 173
259-adjuster's behalf, may require a claimant to use a particular 174
260-company or location for the provision of motor vehicle 175
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269-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-windshield replacement, repair, or calibration services or 176
274-windshield products that are subject to a claim for replacement, 177
275-repair, or calibration, in whole or in part, under the terms of 178
276-a personal lines motor vehicle insurance policy. 179
277- (2) An insurer, agent, or adjust er or any person or entity 180
278-acting on the insurer's, agent's, or adjuster's behalf: 181
279- (a) Must provide a claimant with two or more names of 182
280-motor vehicle windshield repair shops, if it chooses to provide 183
281-names of such repair shops. 184
282- (b) May provide an expl anation of motor vehicle 185
283-comprehensive coverage benefits and any applicable limit of 186
284-liability to a claimant. 187
285- (3) An insurer or any person or entity acting on the 188
286-insurer's behalf must provide an actuarially sound discount to 189
287-the insured if the insurer o r the person or entity acting on the 190
288-insurer's behalf offers, and the insured accepts, a policy that 191
289-contains a managed repair arrangement for the provision of 192
290-windshield replacement, repair, or calibration services or 193
291-windshield products. 194
292- (4) Nothing in this section shall be construed to create a 195
293-private cause of action. 196
294- 197
295-This section applies to motor vehicle windshield claims under 198
296-the comprehensive or combined additional coverage provisions of 199
297-a personal lines motor vehicle insurance pol icy. 200
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306-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310- Section 6. This act shall take effect July 1, 2023. 201
236+agreement" means any instrument, regardless of how such 151
237+agreement is named or styled, by which post -loss benefits, 152
238+including, but not limited to, claim payments, under a motor 153
239+vehicle insurance policy are, in whole or in part, assigned or 154
240+transferred to, or acquired in any manner by, a person providing 155
241+services for motor vehicle glass replacement or repair, 156
242+including, but not limited to, inspecting, protecting, 157
243+repairing, restoring, or replacing the motor vehicle glass or 158
244+calibrating or recalibrating advanced driver assistance systems. 159
245+ Section 5. This act shall t ake effect July 1, 2023. 160