HB 1433 2024
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hb1433-00
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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 repair work; 2
providing a short title; amending s. 559.905, F.S.; 3
requiring a motor vehicle repair shop to request a 4
written crash report from a customer under certain 5
circumstances; requiring a motor vehicle repair shop 6
to prepare a transaction form under certain 7
circumstances; requiring the Department of Agriculture 8
and Consumer Services to approve such form; specifying 9
requirements for such form; requiring a motor vehicle 10
repair shop to maintain a copy of the transaction f orm 11
for a specified time; requiring the motor vehicle 12
repair shop to deliver transaction forms to law 13
enforcement by a certain time; authorizing a motor 14
vehicle repair shop to use certain evidence in court; 15
requiring the electronic transfer of transaction forms 16
to law enforcement by the motor vehicle repair shop 17
under certain circumstances; authorizing law 18
enforcement to provide certain equipment to the motor 19
vehicle repair shop; specifying ownership and 20
maintenance of the equipment; specifying that the 21
motor vehicle repair shop is not required to deliver 22
transaction forms under certain circumstances; 23
authorizing law enforcement to request an original 24
transaction form from the motor vehicle repair shop 25
HB 1433 2024
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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
under certain circumstances; requiring the motor 26
vehicle repair shop to respond to such request within 27
a certain timeframe; providing criminal penalties; 28
authorizing the department to revoke a vehicle repair 29
shop's registration under certain circumstances; 30
modifying the items required in a written repair 31
estimate; making technical changes; amending s. 32
559.909, F.S.; conforming a cross -reference; making 33
technical changes; providing an effective date. 34
35
Be It Enacted by the Legislature of the State of Florida: 36
37
Section 1. This act may be cited as the "Lil ly Glaubach 38
Act." 39
Section 2. Section 559.905, Florida Statutes, is amended 40
to read: 41
559.905 Crash report or transaction form required for 42
accident or collision repair work; written motor vehicle repair 43
estimate; and disclosure statement required. — 44
(1)(a) If a customer requests that a motor vehicle repair 45
shop perform work to restore a motor vehicle damaged in an 46
accident or a collision, the motor vehicle repair shop must, 47
before preparing a written repair estimate required by 48
subsection (2), request that the customer provide a written 49
crash report as specified under s. 316.066. 50
HB 1433 2024
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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
(b) If the customer does not provide a written crash 51
report to the motor vehicle repair shop, the motor vehicle 52
repair shop must prepare an accident or collision repair work 53
transaction form before preparing a written repair estimate 54
required by subsection (2). The Department of Agriculture and 55
Consumer Services must approve the design and format of the 56
transaction form, which must be 8 1/2 inches by 11 inches in 57
size and elicit the information required under this paragraph. 58
In completing the transaction form, the motor vehicle repair 59
shop shall record the following information, which must be typed 60
or written indelibly and legibly in English: 61
1. The name and address of the m otor vehicle repair shop. 62
2. The vehicle identification number, year, license tag 63
number, make, model, and color of the damaged vehicle and the 64
name, telephone number, physical description, and address of the 65
owner of the vehicle or the person in possess ion of the vehicle. 66
3. A description of the damage to the vehicle. 67
(c) A motor vehicle repair shop shall maintain a copy of 68
each completed transaction form on the premises of the motor 69
vehicle repair shop for at least 1 year after the date of the 70
transaction. On or before the end of each business day, the 71
motor vehicle repair shop shall deliver to the appropriate law 72
enforcement official the original transaction forms for each of 73
the transactions occurring during the previous business day, 74
unless other arrangements have been agreed upon between the 75
HB 1433 2024
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motor vehicle repair shop and the appropriate law enforcement 76
official. If the original transaction form is lost or destroyed 77
by the appropriate law enforcement official, a copy may be used 78
by the motor vehicle repair shop as evidence in court. 79
(d) If the appropriate law enforcement agency supplies the 80
necessary software and the motor vehicle repair shop has the 81
computer capability, transaction forms must be electronically 82
transferred. If a motor vehicle repa ir shop does not have the 83
computer capability, the appropriate law enforcement agency may 84
provide the motor vehicle repair shop with the necessary 85
equipment for the purpose of electronically transferring 86
accident or collision repair work transaction forms. The 87
appropriate law enforcement agency shall retain ownership of the 88
equipment, unless otherwise agreed upon. The motor vehicle 89
repair shop shall maintain the equipment in good working order, 90
ordinary wear and tear excepted. If the motor vehicle repair 91
shop transfers accident or collision repair work transaction 92
forms electronically, the motor vehicle repair shop is not 93
required to also deliver to the appropriate law enforcement 94
official the original or copies of the transaction forms. The 95
appropriate law enforcement official may, for the purposes of a 96
criminal investigation, request that the motor vehicle repair 97
shop produce the original of a transaction form that has been 98
electronically transferred. The motor vehicle repair shop shall 99
deliver this form to the appropriate law enforcement official 100
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within 24 hours after the request. 101
(e) Any person who violates this subsection commits a 102
misdemeanor of the second degree, punishable as provided in s. 103
775.082 or s. 775.083. If the department finds a motor vehic le 104
repair shop in violation of this subsection, it may revoke the 105
motor vehicle repair shop's registration under s. 559.904. 106
(2) When any customer requests a motor vehicle repair shop 107
to perform repair work on a motor vehicle, the cost of which 108
repair work will exceed $100 to the customer, the shop shall 109
prepare a written repair estimate, which is a form setting forth 110
the estimated cost of repair work, including diagnostic work, 111
before effecting any diagnostic work or repair. The written 112
repair estimate must shall also include the following items: 113
(a) The name, address, and telephone number of the motor 114
vehicle repair shop. 115
(b) The name, address, and telephone number of the 116
customer. 117
(c) The date and time of the written repair estimate. 118
(d) The vehicle identification number, year, make, model, 119
odometer reading, and license tag number of the motor vehicle. 120
(e) The proposed work completion date. 121
(f) A general description of the customer's problem or 122
request for repair work or service relating t o the motor 123
vehicle. 124
(g) A statement as to whether the customer is being 125
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charged according to a flat rate or an hourly rate, or both. 126
(h) The estimated cost of repair which must shall include 127
any charge for shop supplies or for hazardous or other waste 128
removal and, if a charge is included, the estimate must shall 129
include the following statement: 130
131
"This charge represents costs and profits to the motor 132
vehicle repair facility for miscellaneous shop 133
supplies or waste disposal." 134
135
If a charge is mandated by state or federal law, the estimate 136
must shall contain a statement identifying the law and the 137
specific amount charged under the law. 138
(i) The charge for making a repair price estimate or, if 139
the charge cannot be predetermined, the basis on which the 140
charge will be calculated. 141
(j) The customer's intended method of payment. 142
(k) The name and telephone number of another person who 143
may authorize repair work, if the customer desires to designate 144
such person. 145
(l) A statement indicating what, if anything, is 146
guaranteed in connection with the repair work and the time and 147
mileage period for which the guarantee is effective. 148
(m) A statement allowing the customer to indicate whether 149
replaced parts should be saved for inspection or return. 150
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(n) A statement indi cating the daily charge for storing 151
the customer's motor vehicle after the customer has been 152
notified that the repair work has been completed. However, no 153
storage charges may not shall accrue or be due and payable for a 154
period of 3 working days after from the date of such 155
notification. 156
(3)(2) If the cost of repair work will exceed $100, the 157
shop must shall present to the customer a written notice 158
conspicuously disclosing, in a separate, blocked section, only 159
the following statement, in capital letters of at least 12-point 160
type: 161
162
PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND 163
SIGN: 164
I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A 165
WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $100. 166
167
.... I REQUEST A WRITTEN ESTIMATE. 168
169
.... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE 170
REPAIR COSTS DO NOT EXCEED $ ..... THE SHOP MAY NOT EXCEED THIS 171
AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL. 172
173
.... I DO NOT REQUEST A WRITTEN ESTIMATE. 174
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HB 1433 2024
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SIGNED ............ DATE .... 176
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(4)(3) The information required by paragraphs (2)(h) and 178
(i) (1)(h) and (i) need not be provided if the customer waives 179
in writing her or his right to receive a written estimate. 180
(5)(4) Except as provided in subsection (6) (5), a copy of 181
the written repair es timate required by subsection (2) (1) and 182
the disclosure statement required by subsection (3) must (2) 183
shall be given to the customer before repair work commences is 184
begun. The disclosure statement may be provided on the same form 185
as the written repair estimate. 186
(6)(5) If the customer leaves her or his motor vehicle at 187
a motor vehicle repair shop during hours when the shop is not 188
open or if the customer permits the shop or another person to 189
deliver the motor vehicle to the shop, there is shall be an 190
implied partial waiver of the written estimate; however, upon 191
completion of diagnostic work necessary to estimate the cost of 192
repair, the shop shall notify the customer as required in s. 193
559.909(1). 194
(7)(6) Nothing in This section may not shall be construed 195
to require a motor vehicle repair shop to give a written 196
estimated price if the motor vehicle repair shop does not agree 197
to perform the requested repair. 198
Section 3. Subsection (1) of section 559.909, Florida 199
Statutes, is amended to read: 200
HB 1433 2024
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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
559.909 Notification of charges in excess of repair 201
estimate; unlawful charges; refusal to return vehicle 202
prohibited; inspection of parts. — 203
(1) In the event that: 204
(a) The written repair estimate contains only an estimate 205
for diagnostic work necessary to estimate the cost of repair and 206
such diagnostic work has been completed; 207
(b) A determination is made by a motor vehicle repair shop 208
that the actual charges for the repair work will exceed the 209
written estimate by more than $10 or 10 percent, whichever is 210
greater, but not to exceed $50; or 211
(c) An implied partial waiver exists for diagnostic work, 212
as described in s. 559.905(6) s. 559.905(5), and such diagnostic 213
work has been completed, 214
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the customer must shall be promptly notified by the motor 216
vehicle repair shop by telephone, telegraph, mail, or other 217
means of the additional repair work and estimated cost thereof. 218
A customer so notified shall, orally or in writing, authorize, 219
modify, or cancel the order for repair. 220
Section 4. This act shall take effect July 1, 2024. 221