Florida Senate - 2024 SB 194 By Senator Gruters 22-00114-24 2024194__ 1 A bill to be entitled 2 An act relating to motor vehicle repair work; 3 providing a short title; amending s. 559.905, F.S.; 4 requiring a motor vehicle repair shop to request a 5 written crash report from a customer under certain 6 circumstances; requiring a motor vehicle repair shop 7 to prepare a transaction form under certain 8 circumstances; requiring the Department of Agriculture 9 and Consumer Services to approve such form; specifying 10 requirements for such form; requiring a motor vehicle 11 repair shop to maintain a copy of the transaction form 12 for a specified time; requiring the motor vehicle 13 repair shop to deliver transaction forms to law 14 enforcement by a certain time; authorizing a motor 15 vehicle repair shop to use certain evidence in court; 16 requiring the electronic transfer of transaction forms 17 to law enforcement by the motor vehicle repair shop 18 under certain circumstances; authorizing law 19 enforcement to provide certain equipment to the motor 20 vehicle repair shop; specifying ownership and 21 maintenance of the equipment; specifying that the 22 motor vehicle repair shop is not required to deliver 23 transaction forms under certain circumstances; 24 authorizing law enforcement to request an original 25 transaction form from the motor vehicle repair shop 26 under certain circumstances; requiring the motor 27 vehicle repair shop to respond to such request within 28 a certain timeframe; providing criminal penalties; 29 authorizing the department to revoke a vehicle repair 30 shops registration under certain circumstances; 31 modifying the items required in a written repair 32 estimate; making technical changes; amending s. 33 559.909, F.S.; conforming a cross-reference; making 34 technical changes; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1.This act may be cited as the Lilly Glaubach 39 Act. 40 Section 2.Section 559.905, Florida Statutes, is amended to 41 read: 42 559.905Crash report or transaction form required for 43 accident or collision repair work; written motor vehicle repair 44 estimate; and disclosure statement required. 45 (1)(a)If a customer requests that a motor vehicle repair 46 shop perform work to restore a motor vehicle damaged in an 47 accident or a collision, the motor vehicle repair shop must, 48 before preparing a written repair estimate required by 49 subsection (2), request that the customer provide a written 50 crash report as specified under s. 316.066. 51 (b)If the customer does not provide a written crash report 52 to the motor vehicle repair shop, the motor vehicle repair shop 53 must prepare an accident or collision repair work transaction 54 form before preparing a written repair estimate required by 55 subsection (2). The Department of Agriculture and Consumer 56 Services must approve the design and format of the transaction 57 form, which must be 8 1/2 inches by 11 inches in size and elicit 58 the information required under this paragraph. In completing the 59 transaction form, the motor vehicle repair shop shall record the 60 following information, which must be typed or written indelibly 61 and legibly in English: 62 1.The name and address of the motor vehicle repair shop. 63 2.The vehicle identification number, year, license tag 64 number, make, model, and color of the damaged vehicle and the 65 name, phone number, physical description, and address of the 66 owner of the vehicle or the person in possession of the vehicle. 67 3.A description of the damage to the vehicle. 68 (c)A motor vehicle repair shop shall maintain a copy of 69 each completed transaction form on the premises of the motor 70 vehicle repair shop for at least 1 year after the date of the 71 transaction. On or before the end of each business day, the 72 motor vehicle repair shop shall deliver to the appropriate law 73 enforcement official the original transaction forms for each of 74 the transactions occurring during the previous business day, 75 unless other arrangements have been agreed upon between the 76 motor vehicle repair shop and the appropriate law enforcement 77 official. If the original transaction form is lost or destroyed 78 by the appropriate law enforcement official, a copy may be used 79 by the motor vehicle repair shop as evidence in court. 80 (d)If the appropriate law enforcement agency supplies the 81 necessary software and the motor vehicle repair shop has the 82 computer capability, transaction forms must be electronically 83 transferred. If a motor vehicle repair shop does not have the 84 computer capability, the appropriate law enforcement agency may 85 provide the motor vehicle repair shop with the necessary 86 equipment for the purpose of electronically transferring 87 accident or collision repair work transaction forms. The 88 appropriate law enforcement agency shall retain ownership of the 89 equipment, unless otherwise agreed upon. The motor vehicle 90 repair shop shall maintain the equipment in good working order, 91 ordinary wear and tear excepted. If the motor vehicle repair 92 shop transfers accident or collision repair work transaction 93 forms electronically, the motor vehicle repair shop is not 94 required to also deliver to the appropriate law enforcement 95 official the original or copies of the transaction forms. The 96 appropriate law enforcement official may, for the purposes of a 97 criminal investigation, request that the motor vehicle repair 98 shop produce the original of a transaction form that has been 99 electronically transferred. The motor vehicle repair shop shall 100 deliver this form to the appropriate law enforcement official 101 within 24 hours after the request. 102 (e)Any person who violates this subsection commits a 103 misdemeanor of the second degree, punishable as provided in s. 104 775.082 or s. 775.083. If the department finds a motor vehicle 105 repair shop in violation of this subsection, it may revoke the 106 motor vehicle repair shops registration under s. 559.904. 107 (2)When any customer requests a motor vehicle repair shop 108 to perform repair work on a motor vehicle, the cost of which 109 repair work will exceed $100 to the customer, the shop shall 110 prepare a written repair estimate, which is a form setting forth 111 the estimated cost of repair work, including diagnostic work, 112 before effecting any diagnostic work or repair. The written 113 repair estimate must shall also include the following items: 114 (a)The name, address, and telephone number of the motor 115 vehicle repair shop. 116 (b)The name, address, and telephone number of the 117 customer. 118 (c)The date and time of the written repair estimate. 119 (d)The vehicle identification number, year, make, model, 120 odometer reading, and license tag number of the motor vehicle. 121 (e)The proposed work completion date. 122 (f)A general description of the customers problem or 123 request for repair work or service relating to the motor 124 vehicle. 125 (g)A statement as to whether the customer is being charged 126 according to a flat rate or an hourly rate, or both. 127 (h)The estimated cost of repair which must shall include 128 any charge for shop supplies or for hazardous or other waste 129 removal and, if a charge is included, the estimate must shall 130 include the following statement: 131 132 This charge represents costs and profits to the motor 133 vehicle repair facility for miscellaneous shop 134 supplies or waste disposal. 135 136 If a charge is mandated by state or federal law, the estimate 137 must shall contain a statement identifying the law and the 138 specific amount charged under the law. 139 (i)The charge for making a repair price estimate or, if 140 the charge cannot be predetermined, the basis on which the 141 charge will be calculated. 142 (j)The customers intended method of payment. 143 (k)The name and telephone number of another person who may 144 authorize repair work, if the customer desires to designate such 145 person. 146 (l)A statement indicating what, if anything, is guaranteed 147 in connection with the repair work and the time and mileage 148 period for which the guarantee is effective. 149 (m)A statement allowing the customer to indicate whether 150 replaced parts should be saved for inspection or return. 151 (n)A statement indicating the daily charge for storing the 152 customers motor vehicle after the customer has been notified 153 that the repair work has been completed. However, no storage 154 charges may not shall accrue or be due and payable for a period 155 of 3 working days after from the date of such 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. 174 175 SIGNED ............ DATE .... 176 177 (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 estimate 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 a 187 motor vehicle repair shop during hours when the shop is not open 188 or if the customer permits the shop or another person to deliver 189 the motor vehicle to the shop, there is shall be an implied 190 partial waiver of the written estimate; however, upon completion 191 of diagnostic work necessary to estimate the cost of repair, the 192 shop shall notify the customer as required in s. 559.909(1). 193 (7)(6)Nothing in This section may not shall be construed 194 to require a motor vehicle repair shop to give a written 195 estimated price if the motor vehicle repair shop does not agree 196 to perform the requested repair. 197 Section 3.Subsection (1) of section 559.909, Florida 198 Statutes, is amended to read: 199 559.909Notification of charges in excess of repair 200 estimate; unlawful charges; refusal to return vehicle 201 prohibited; inspection of parts. 202 (1)In the event that: 203 (a)The written repair estimate contains only an estimate 204 for diagnostic work necessary to estimate the cost of repair and 205 such diagnostic work has been completed; 206 (b)A determination is made by a motor vehicle repair shop 207 that the actual charges for the repair work will exceed the 208 written estimate by more than $10 or 10 percent, whichever is 209 greater, but not to exceed $50; or 210 (c)An implied partial waiver exists for diagnostic work, 211 as described in s. 559.905(6) s. 559.905(5), and such diagnostic 212 work has been completed, 213 214 the customer must shall be promptly notified by the motor 215 vehicle repair shop by telephone, telegraph, mail, or other 216 means of the additional repair work and estimated cost thereof. 217 A customer so notified shall, orally or in writing, authorize, 218 modify, or cancel the order for repair. 219 Section 4.This act shall take effect July 1, 2024.