CS/CS/HB 541 2023
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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
A bill to be entitled 1
An act relating to motor vehicle glass; amending s. 2
559.903, F.S.; defining the term "advanced driver 3
assistance system"; revising the definition of the 4
term "motor vehicle repair"; amending s. 559.920, 5
F.S.; prohibiting motor vehicle repair shops or their 6
employees from offering anything of value to a 7
customer in exchange for making an insurance claim for 8
motor vehicle glass replacement or repair, includi ng 9
offers made through certain persons; specifying that 10
the failure to provide certain electronic or written 11
notice relating to calibrating or recalibrating an 12
advanced driver assistance system is unlawful; 13
amending s. 627.7288, F.S.; authorizing an option al 14
deductible for windshield; specifying deductible 15
amount; limiting deductible application; creating s. 16
627.7289, F.S.; prohibiting persons from entering into 17
assignment agreements of post -loss benefits for motor 18
vehicle glass replacement or repair on or after a 19
specified date; providing that such assignment 20
agreements are void and unenforceable; defining the 21
term "assignment agreement"; creating s. 627.7291, 22
F.S.; prohibiting insurers, agents, and adjusters and 23
specified persons and entities from requirin g 24
claimants to use particular companies and locations 25
CS/CS/HB 541 2023
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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
for certain motor vehicle windshield services and 26
products; providing duties and authorities of such 27
persons and entities; requiring insurance premium 28
discounts under certain circumstances; providing 29
construction; providing applicability; providing an 30
effective date. 31
32
Be It Enacted by the Legislature of the State of Florida: 33
34
Section 1. Present subsections (1) through (5), (6), and 35
(7) of section 559.903, Florida Statutes, are redesignated as 36
subsections (2) through (6), (8), and (9), respectively, a new 37
subsection (1) is added to that section, and present subsection 38
(8) of that section is amended, to read: 39
559.903 Definitions. —As used in this act: 40
(1) "Advanced driver assistance system" means any motor 41
vehicle electronic safety system that is associated with motor 42
vehicle glass and is designed to support the driver and motor 43
vehicle in a manner intended to increase motor vehicle safety 44
and reduce losses associated with motor vehicle crashes. 45
(7)(8) "Motor vehicle repair" means all maintenance of and 46
modifications and repairs to motor vehicles, and diagnostic work 47
incident thereto, including, but not limited to, the rebuilding 48
or restoring of rebuilt vehicles, body work, painting, warranty 49
work, calibration or recalibration of advanced driver assistance 50
CS/CS/HB 541 2023
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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
systems, and other work customarily undertaken by motor vehicle 51
repair shops. 52
Section 2. Section 559.920, Florida Statutes, is amended 53
to read: 54
559.920 Unlawful acts and practices. —It is shall be a 55
violation of this act for any motor vehicle repair shop or 56
employee thereof to do any of the following : 57
(1) Engage or attempt to engage in repair work for 58
compensation of any type without first being registered with or 59
having submitted an affid avit of exemption to the department .; 60
(2) Make or charge for repairs that which have not been 61
expressly or impliedly authorized by the customer .; 62
(3) Misrepresent that repairs have been made to a motor 63
vehicle.; 64
(4) Misrepresent that certain parts an d repairs are 65
necessary to repair a vehicle .; 66
(5) Misrepresent that the vehicle being inspected or 67
diagnosed is in a dangerous condition or that the customer's 68
continued use of the vehicle may be harmful or cause great 69
damage to the vehicle .; 70
(6) Fraudulently alter any customer contract, estimate, 71
invoice, or other document .; 72
(7) Fraudulently misuse any customer's credit card .; 73
(8) Make or authorize in any manner or by any means 74
whatever any written or oral statement that which is untrue, 75
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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
deceptive, or misleading, and that which is known, or that which 76
by the exercise of reasonable care should be known, to be 77
untrue, deceptive, or misleading.; 78
(9) Make false promises of a character likely to 79
influence, persuade, or induce a customer to authorize th e 80
repair, service, or maintenance of a motor vehicle .; 81
(10) Substitute used, rebuilt, salvaged, or straightened 82
parts for new replacement parts without notice to the motor 83
vehicle owner and to her or his insurer if the cost of repair is 84
to be paid pursuant to an insurance policy and the identity of 85
the insurer or its claims adjuster is disclosed to the motor 86
vehicle repair shop.; 87
(11) Cause or allow a customer to sign any work order that 88
does not state the repairs requested by the customer or the 89
automobile's odometer reading at the time of repair .; 90
(12) Fail or refuse to give to a customer a copy of any 91
document requiring the customer's signature upon completion or 92
cancellation of the repair work .; 93
(13) Willfully depart from or disregard accepted pr actices 94
and professional standards .; 95
(14) Have repair work subcontracted without the knowledge 96
or consent of the customer unless the motor vehicle repair shop 97
or employee thereof demonstrates that the customer could not 98
reasonably have been notified .; 99
(15) Conduct the business of motor vehicle repair in a 100
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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
location other than that stated on the registration 101
certificate.; 102
(16) Rebuild or restore a rebuilt vehicle without the 103
knowledge of the owner in such a manner that it does not conform 104
to the original vehicle manufacturer's established repair 105
procedures or specifications and allowable tolerances for the 106
particular model and year .; or 107
(17) Offer to a customer a rebate, gift, gift card, cash, 108
coupon, or any other thing of value in exchange for making an 109
insurance claim for motor vehicle glass replacement or repair, 110
including, but not limited to, calibration or recalibration of 111
an advanced driver assistance system. A nonemployee who is 112
compensated for the solicitation of insurance claims is also 113
prohibited from making such offer. 114
(18) Fail to provide electronic notice or written notice 115
in at least 12-point type to the customer whether the 116
calibration or recalibration of the advanced driver assistance 117
system is required as part of the replacement or re pair of motor 118
vehicle glass to make such system operable and to ensure such 119
service is performed in a manner that meets or exceeds the 120
vehicle manufacturer's specifications. 121
(20) Perform any other act that is a violation of this 122
part or that constitutes fraud or misrepresentation. 123
(19)(18) Violate any provision of s. 713.585. 124
Section 3. Section 627.7288, Florida Statutes, is amended 125
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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
to read: 126
627.7288 Comprehensive coverage; deductible not to apply 127
to motor vehicle windshield; exceptions glass.— 128
(1) Except as otherwise provided in this section, the 129
deductible provisions of any policy of motor vehicle insurance, 130
delivered or issued in this state by an authorized insurer, 131
providing comprehensive coverage or combined additional coverage 132
shall not be applicable to damage to the windshield of any motor 133
vehicle covered under such policy. 134
(2) An insurer may offer to an applicant or insured, upon 135
the issuance or renewal of a policy providing comprehensive 136
coverage or combined additional coverage, a deduc tible of $250 137
for claims of damage to the windshield of any motor vehicle 138
covered under such policy. The applicant or insured may decline 139
the offer of a deductible. 140
(3) If a deductible for comprehensive coverage or combined 141
additional coverage is applied to a loss that includes damage in 142
addition to windshield damage, the windshield deductible under 143
this section may not apply. 144
Section 4. Section 627.7289, Florida Statutes, is created 145
to read: 146
627.7289 Assignment of post -loss motor vehicle glass 147
benefits prohibited.— 148
(1) A policyholder or any other person may not enter into 149
an assignment agreement of post -loss benefits for motor vehicle 150
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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
glass replacement or repair, including, but not limited to, for 151
calibration or recalibration of advanced driver as sistance 152
systems as defined in s. 559.903, under a policy of motor 153
vehicle insurance issued or renewed in this state by an 154
authorized insurer on or after July 1, 2023. Any such assignment 155
agreement entered into in violation of this subsection is void 156
and unenforceable. 157
(2) As used in this section, the term "assignment 158
agreement" means any instrument, regardless of how such 159
agreement is named or styled, by which post -loss benefits, 160
including, but not limited to, claim payments, under a motor 161
vehicle insurance policy are, in whole or in part, assigned or 162
transferred to, or acquired in any manner by, a person providing 163
services for motor vehicle glass replacement or repair, 164
including, but not limited to, inspecting, protecting, 165
repairing, restoring, or repl acing the motor vehicle glass or 166
calibrating or recalibrating advanced driver assistance systems. 167
Section 5. Section 627.7291, Florida Statutes, is created 168
to read: 169
627.7291 Motor vehicle windshield claims and practices; 170
steering prohibited; exceptio ns.— 171
(1) No person, including an insurer, agent, or adjuster or 172
any person or entity acting on the insurer's, agent's, or 173
adjuster's behalf, may require a claimant to use a particular 174
company or location for the provision of motor vehicle 175
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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
windshield replacement, repair, or calibration services or 176
windshield products that are subject to a claim for replacement, 177
repair, or calibration, in whole or in part, under the terms of 178
a personal lines motor vehicle insurance policy. 179
(2) An insurer, agent, or adjust er or any person or entity 180
acting on the insurer's, agent's, or adjuster's behalf: 181
(a) Must provide a claimant with two or more names of 182
motor vehicle windshield repair shops, if it chooses to provide 183
names of such repair shops. 184
(b) May provide an expl anation of motor vehicle 185
comprehensive coverage benefits and any applicable limit of 186
liability to a claimant. 187
(3) An insurer or any person or entity acting on the 188
insurer's behalf must provide an actuarially sound discount to 189
the insured if the insurer o r the person or entity acting on the 190
insurer's behalf offers, and the insured accepts, a policy that 191
contains a managed repair arrangement for the provision of 192
windshield replacement, repair, or calibration services or 193
windshield products. 194
(4) Nothing in this section shall be construed to create a 195
private cause of action. 196
197
This section applies to motor vehicle windshield claims under 198
the comprehensive or combined additional coverage provisions of 199
a personal lines motor vehicle insurance pol icy. 200
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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
Section 6. This act shall take effect July 1, 2023. 201