FL
Florida House Bill H1433

Florida 2024 Regular Session

Florida House Bill H1433 Compare Versions

Only one version of the bill is available at this time.
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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 repair work; 2
1616 providing a short title; amending s. 559.905, F.S.; 3
1717 requiring a motor vehicle repair shop to request a 4
1818 written crash report from a customer under certain 5
1919 circumstances; requiring a motor vehicle repair shop 6
2020 to prepare a transaction form under certain 7
2121 circumstances; requiring the Department of Agriculture 8
2222 and Consumer Services to approve such form; specifying 9
2323 requirements for such form; requiring a motor vehicle 10
2424 repair shop to maintain a copy of the transaction f orm 11
2525 for a specified time; requiring the motor vehicle 12
2626 repair shop to deliver transaction forms to law 13
2727 enforcement by a certain time; authorizing a motor 14
2828 vehicle repair shop to use certain evidence in court; 15
2929 requiring the electronic transfer of transaction forms 16
3030 to law enforcement by the motor vehicle repair shop 17
3131 under certain circumstances; authorizing law 18
3232 enforcement to provide certain equipment to the motor 19
3333 vehicle repair shop; specifying ownership and 20
3434 maintenance of the equipment; specifying that the 21
3535 motor vehicle repair shop is not required to deliver 22
3636 transaction forms under certain circumstances; 23
3737 authorizing law enforcement to request an original 24
3838 transaction form from the motor vehicle repair shop 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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5151 under certain circumstances; requiring the motor 26
5252 vehicle repair shop to respond to such request within 27
5353 a certain timeframe; providing criminal penalties; 28
5454 authorizing the department to revoke a vehicle repair 29
5555 shop's registration under certain circumstances; 30
5656 modifying the items required in a written repair 31
5757 estimate; making technical changes; amending s. 32
5858 559.909, F.S.; conforming a cross -reference; making 33
5959 technical changes; providing an effective date. 34
6060 35
6161 Be It Enacted by the Legislature of the State of Florida: 36
6262 37
6363 Section 1. This act may be cited as the "Lil ly Glaubach 38
6464 Act." 39
6565 Section 2. Section 559.905, Florida Statutes, is amended 40
6666 to read: 41
6767 559.905 Crash report or transaction form required for 42
6868 accident or collision repair work; written motor vehicle repair 43
6969 estimate; and disclosure statement required. — 44
7070 (1)(a) If a customer requests that a motor vehicle repair 45
7171 shop perform work to restore a motor vehicle damaged in an 46
7272 accident or a collision, the motor vehicle repair shop must, 47
7373 before preparing a written repair estimate required by 48
7474 subsection (2), request that the customer provide a written 49
7575 crash report as specified under s. 316.066. 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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8888 (b) If the customer does not provide a written crash 51
8989 report to the motor vehicle repair shop, the motor vehicle 52
9090 repair shop must prepare an accident or collision repair work 53
9191 transaction form before preparing a written repair estimate 54
9292 required by subsection (2). The Department of Agriculture and 55
9393 Consumer Services must approve the design and format of the 56
9494 transaction form, which must be 8 1/2 inches by 11 inches in 57
9595 size and elicit the information required under this paragraph. 58
9696 In completing the transaction form, the motor vehicle repair 59
9797 shop shall record the following information, which must be typed 60
9898 or written indelibly and legibly in English: 61
9999 1. The name and address of the m otor vehicle repair shop. 62
100100 2. The vehicle identification number, year, license tag 63
101101 number, make, model, and color of the damaged vehicle and the 64
102102 name, telephone number, physical description, and address of the 65
103103 owner of the vehicle or the person in possess ion of the vehicle. 66
104104 3. A description of the damage to the vehicle. 67
105105 (c) A motor vehicle repair shop shall maintain a copy of 68
106106 each completed transaction form on the premises of the motor 69
107107 vehicle repair shop for at least 1 year after the date of the 70
108108 transaction. On or before the end of each business day, the 71
109109 motor vehicle repair shop shall deliver to the appropriate law 72
110110 enforcement official the original transaction forms for each of 73
111111 the transactions occurring during the previous business day, 74
112112 unless other arrangements have been agreed upon between the 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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125125 motor vehicle repair shop and the appropriate law enforcement 76
126126 official. If the original transaction form is lost or destroyed 77
127127 by the appropriate law enforcement official, a copy may be used 78
128128 by the motor vehicle repair shop as evidence in court. 79
129129 (d) If the appropriate law enforcement agency supplies the 80
130130 necessary software and the motor vehicle repair shop has the 81
131131 computer capability, transaction forms must be electronically 82
132132 transferred. If a motor vehicle repa ir shop does not have the 83
133133 computer capability, the appropriate law enforcement agency may 84
134134 provide the motor vehicle repair shop with the necessary 85
135135 equipment for the purpose of electronically transferring 86
136136 accident or collision repair work transaction forms. The 87
137137 appropriate law enforcement agency shall retain ownership of the 88
138138 equipment, unless otherwise agreed upon. The motor vehicle 89
139139 repair shop shall maintain the equipment in good working order, 90
140140 ordinary wear and tear excepted. If the motor vehicle repair 91
141141 shop transfers accident or collision repair work transaction 92
142142 forms electronically, the motor vehicle repair shop is not 93
143143 required to also deliver to the appropriate law enforcement 94
144144 official the original or copies of the transaction forms. The 95
145145 appropriate law enforcement official may, for the purposes of a 96
146146 criminal investigation, request that the motor vehicle repair 97
147147 shop produce the original of a transaction form that has been 98
148148 electronically transferred. The motor vehicle repair shop shall 99
149149 deliver this form to the appropriate law enforcement official 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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162162 within 24 hours after the request. 101
163163 (e) Any person who violates this subsection commits a 102
164164 misdemeanor of the second degree, punishable as provided in s. 103
165165 775.082 or s. 775.083. If the department finds a motor vehic le 104
166166 repair shop in violation of this subsection, it may revoke the 105
167167 motor vehicle repair shop's registration under s. 559.904. 106
168168 (2) When any customer requests a motor vehicle repair shop 107
169169 to perform repair work on a motor vehicle, the cost of which 108
170170 repair work will exceed $100 to the customer, the shop shall 109
171171 prepare a written repair estimate, which is a form setting forth 110
172172 the estimated cost of repair work, including diagnostic work, 111
173173 before effecting any diagnostic work or repair. The written 112
174174 repair estimate must shall also include the following items: 113
175175 (a) The name, address, and telephone number of the motor 114
176176 vehicle repair shop. 115
177177 (b) The name, address, and telephone number of the 116
178178 customer. 117
179179 (c) The date and time of the written repair estimate. 118
180180 (d) The vehicle identification number, year, make, model, 119
181181 odometer reading, and license tag number of the motor vehicle. 120
182182 (e) The proposed work completion date. 121
183183 (f) A general description of the customer's problem or 122
184184 request for repair work or service relating t o the motor 123
185185 vehicle. 124
186186 (g) A statement as to whether the customer is being 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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199199 charged according to a flat rate or an hourly rate, or both. 126
200200 (h) The estimated cost of repair which must shall include 127
201201 any charge for shop supplies or for hazardous or other waste 128
202202 removal and, if a charge is included, the estimate must shall 129
203203 include the following statement: 130
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205205 "This charge represents costs and profits to the motor 132
206206 vehicle repair facility for miscellaneous shop 133
207207 supplies or waste disposal." 134
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209209 If a charge is mandated by state or federal law, the estimate 136
210210 must shall contain a statement identifying the law and the 137
211211 specific amount charged under the law. 138
212212 (i) The charge for making a repair price estimate or, if 139
213213 the charge cannot be predetermined, the basis on which the 140
214214 charge will be calculated. 141
215215 (j) The customer's intended method of payment. 142
216216 (k) The name and telephone number of another person who 143
217217 may authorize repair work, if the customer desires to designate 144
218218 such person. 145
219219 (l) A statement indicating what, if anything, is 146
220220 guaranteed in connection with the repair work and the time and 147
221221 mileage period for which the guarantee is effective. 148
222222 (m) A statement allowing the customer to indicate whether 149
223223 replaced parts should be saved for inspection or return. 150
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232232 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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236236 (n) A statement indi cating the daily charge for storing 151
237237 the customer's motor vehicle after the customer has been 152
238238 notified that the repair work has been completed. However, no 153
239239 storage charges may not shall accrue or be due and payable for a 154
240240 period of 3 working days after from the date of such 155
241241 notification. 156
242242 (3)(2) If the cost of repair work will exceed $100, the 157
243243 shop must shall present to the customer a written notice 158
244244 conspicuously disclosing, in a separate, blocked section, only 159
245245 the following statement, in capital letters of at least 12-point 160
246246 type: 161
247247 162
248248 PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND 163
249249 SIGN: 164
250250 I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A 165
251251 WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $100. 166
252252 167
253253 .... I REQUEST A WRITTEN ESTIMATE. 168
254254 169
255255 .... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE 170
256256 REPAIR COSTS DO NOT EXCEED $ ..... THE SHOP MAY NOT EXCEED THIS 171
257257 AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL. 172
258258 173
259259 .... I DO NOT REQUEST A WRITTEN ESTIMATE. 174
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269269 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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273273 SIGNED ............ DATE .... 176
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275275 (4)(3) The information required by paragraphs (2)(h) and 178
276276 (i) (1)(h) and (i) need not be provided if the customer waives 179
277277 in writing her or his right to receive a written estimate. 180
278278 (5)(4) Except as provided in subsection (6) (5), a copy of 181
279279 the written repair es timate required by subsection (2) (1) and 182
280280 the disclosure statement required by subsection (3) must (2) 183
281281 shall be given to the customer before repair work commences is 184
282282 begun. The disclosure statement may be provided on the same form 185
283283 as the written repair estimate. 186
284284 (6)(5) If the customer leaves her or his motor vehicle at 187
285285 a motor vehicle repair shop during hours when the shop is not 188
286286 open or if the customer permits the shop or another person to 189
287287 deliver the motor vehicle to the shop, there is shall be an 190
288288 implied partial waiver of the written estimate; however, upon 191
289289 completion of diagnostic work necessary to estimate the cost of 192
290290 repair, the shop shall notify the customer as required in s. 193
291291 559.909(1). 194
292292 (7)(6) Nothing in This section may not shall be construed 195
293293 to require a motor vehicle repair shop to give a written 196
294294 estimated price if the motor vehicle repair shop does not agree 197
295295 to perform the requested repair. 198
296296 Section 3. Subsection (1) of section 559.909, Florida 199
297297 Statutes, is amended to read: 200
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306306 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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310310 559.909 Notification of charges in excess of repair 201
311311 estimate; unlawful charges; refusal to return vehicle 202
312312 prohibited; inspection of parts. — 203
313313 (1) In the event that: 204
314314 (a) The written repair estimate contains only an estimate 205
315315 for diagnostic work necessary to estimate the cost of repair and 206
316316 such diagnostic work has been completed; 207
317317 (b) A determination is made by a motor vehicle repair shop 208
318318 that the actual charges for the repair work will exceed the 209
319319 written estimate by more than $10 or 10 percent, whichever is 210
320320 greater, but not to exceed $50; or 211
321321 (c) An implied partial waiver exists for diagnostic work, 212
322322 as described in s. 559.905(6) s. 559.905(5), and such diagnostic 213
323323 work has been completed, 214
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325325 the customer must shall be promptly notified by the motor 216
326326 vehicle repair shop by telephone, telegraph, mail, or other 217
327327 means of the additional repair work and estimated cost thereof. 218
328328 A customer so notified shall, orally or in writing, authorize, 219
329329 modify, or cancel the order for repair. 220
330330 Section 4. This act shall take effect July 1, 2024. 221