Florida Senate - 2023 CS for SB 1002 By the Committee on Rules; and Senators Stewart and Hooper 595-03707-23 20231002c1 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; creating s. 627.7291, 20 F.S.; prohibiting certain persons from requiring 21 claimants to use certain companies or locations for 22 specified services and products; authorizing certain 23 persons to provide explanations of certain motor 24 vehicle comprehensive coverage benefits; requiring 25 certain persons to provide specified discounts to 26 insureds under certain circumstances; providing 27 construction; providing applicability; providing an 28 effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1.Present subsections (1) through (5), (6), and 33 (7) of section 559.903, Florida Statutes, are redesignated as 34 subsections (2) through (6), (8), and (9), respectively, a new 35 subsection (1) is added to that section, and present subsection 36 (8) of that section is amended, to read: 37 559.903Definitions.As used in this act: 38 (1)Advanced driver assistance system means any motor 39 vehicle electronic safety system that is associated with motor 40 vehicle glass and is designed to support the driver and motor 41 vehicle in a manner intended to increase motor vehicle safety 42 and reduce losses associated with motor vehicle crashes. 43 (7)(8)Motor vehicle repair means all maintenance of and 44 modifications and repairs to motor vehicles, and diagnostic work 45 incident thereto, including, but not limited to, the rebuilding 46 or restoring of rebuilt vehicles, body work, painting, warranty 47 work, calibration or recalibration of advanced driver assistance 48 systems, and other work customarily undertaken by motor vehicle 49 repair shops. 50 Section 2.Section 559.920, Florida Statutes, is amended to 51 read: 52 559.920Unlawful acts and practices.It is shall be a 53 violation of this act for any motor vehicle repair shop or 54 employee thereof to do any of the following: 55 (1)Engage or attempt to engage in repair work for 56 compensation of any type without first being registered with or 57 having submitted an affidavit of exemption to the department.; 58 (2)Make or charge for repairs that which have not been 59 expressly or impliedly authorized by the customer.; 60 (3)Misrepresent that repairs have been made to a motor 61 vehicle.; 62 (4)Misrepresent that certain parts and repairs are 63 necessary to repair a vehicle.; 64 (5)Misrepresent that the vehicle being inspected or 65 diagnosed is in a dangerous condition or that the customers 66 continued use of the vehicle may be harmful or cause great 67 damage to the vehicle.; 68 (6)Fraudulently alter any customer contract, estimate, 69 invoice, or other document.; 70 (7)Fraudulently misuse any customers credit card.; 71 (8)Make or authorize in any manner or by any means 72 whatever any written or oral statement that which is untrue, 73 deceptive, or misleading, and that which is known, or that which 74 by the exercise of reasonable care should be known, to be 75 untrue, deceptive, or misleading.; 76 (9)Make false promises of a character likely to influence, 77 persuade, or induce a customer to authorize the repair, service, 78 or maintenance of a motor vehicle.; 79 (10)Substitute used, rebuilt, salvaged, or straightened 80 parts for new replacement parts without notice to the motor 81 vehicle owner and to her or his insurer if the cost of repair is 82 to be paid pursuant to an insurance policy and the identity of 83 the insurer or its claims adjuster is disclosed to the motor 84 vehicle repair shop.; 85 (11)Cause or allow a customer to sign any work order that 86 does not state the repairs requested by the customer or the 87 automobiles odometer reading at the time of repair.; 88 (12)Fail or refuse to give to a customer a copy of any 89 document requiring the customers signature upon completion or 90 cancellation of the repair work.; 91 (13)Willfully depart from or disregard accepted practices 92 and professional standards.; 93 (14)Have repair work subcontracted without the knowledge 94 or consent of the customer unless the motor vehicle repair shop 95 or employee thereof demonstrates that the customer could not 96 reasonably have been notified.; 97 (15)Conduct the business of motor vehicle repair in a 98 location other than that stated on the registration 99 certificate.; 100 (16)Rebuild or restore a rebuilt vehicle without the 101 knowledge of the owner in such a manner that it does not conform 102 to the original vehicle manufacturers established repair 103 procedures or specifications and allowable tolerances for the 104 particular model and year.; or 105 (17)Offer to a customer a rebate, gift, gift card, cash, 106 coupon, or any other thing of value in exchange for making an 107 insurance claim for motor vehicle glass replacement or repair, 108 including, but not limited to, calibration or recalibration of 109 an advanced driver assistance system. A nonemployee who is 110 compensated for the solicitation of insurance claims is also 111 prohibited from making such offer. 112 (18)Fail to provide electronic notice or written notice in 113 at least 12-point type to the customer whether the calibration 114 or recalibration of the advanced driver assistance system is 115 required as part of the replacement or repair of motor vehicle 116 glass to make such system operable and to ensure such service is 117 performed in a manner that meets or exceeds the vehicle 118 manufacturers specifications. 119 (20)Perform any other act that is a violation of this part 120 or that constitutes fraud or misrepresentation. 121 (19)(18)Violate any provision of s. 713.585. 122 Section 3.Section 627.7289, Florida Statutes, is created 123 to read: 124 627.7289Assignment of post-loss motor vehicle glass 125 benefits prohibited. 126 (1)A policyholder or any other person may not enter into 127 an assignment agreement of post-loss benefits for motor vehicle 128 glass replacement or repair, including, but not limited to, for 129 calibration or recalibration of advanced driver assistance 130 systems as defined in s. 559.903, under a policy of motor 131 vehicle insurance issued or renewed in this state by an 132 authorized insurer on or after July 1, 2023. Any such assignment 133 agreement entered into in violation of this subsection is void 134 and unenforceable. 135 (2)As used in this section, the term assignment 136 agreement means any instrument, regardless of how such 137 agreement is named or styled, by which post-loss benefits, 138 including, but not limited to, claim payments, under a motor 139 vehicle insurance policy are, in whole or in part, assigned or 140 transferred to, or acquired in any manner by, a person providing 141 services for motor vehicle glass replacement or repair, 142 including, but not limited to, inspecting, protecting, 143 repairing, restoring, or replacing the motor vehicle glass or 144 calibrating or recalibrating advanced driver assistance systems. 145 Section 4.Section 627.7291, Florida Statutes, is created 146 to read: 147 627.7291Motor vehicle windshield claims and practices; 148 steering prohibited; exceptions. 149 (1)A person, including an insurer, agent, adjuster, or any 150 person or entity acting on the insurers, agents, or adjusters 151 behalf, may not require a claimant to use a particular company 152 or location for the provision of motor vehicle windshield glass 153 replacement, repair, or calibration services or windshield glass 154 products which are subject to a claim for replacement, repair, 155 or calibration, in whole or in part, under the terms of a 156 personal lines automobile insurance policy. 157 (2)An insurer, agent, adjuster, or any person or entity 158 acting on the insurers, agents, or adjusters behalf may 159 provide an explanation of motor vehicle comprehensive coverage 160 benefits and any applicable limit of liability to a claimant. 161 (3)An insurer, or any person or entity acting on the 162 insurers behalf, must provide an actuarially sound discount to 163 the insured if they offer, and an insured accepts, a policy that 164 contains a repair arrangement for the provision of windshield 165 glass replacement, repair, or calibration services or windshield 166 glass products. 167 (4)This section may not be construed to create a private 168 cause of action. 169 (5)This section applies to motor vehicle windshield glass 170 claims under the comprehensive or combined additional coverage 171 provisions of a personal lines motor vehicle insurance policy. 172 Section 5.This act shall take effect July 1, 2023.