Florida 2025 Regular Session

Florida Senate Bill S0092 Latest Draft

Bill / Comm Sub Version Filed 03/20/2025

 Florida Senate - 2025 CS for CS for SB 92  By the Appropriations Committee on Agriculture, Environment, and General Government; the Committee on Commerce and Tourism; and Senators Gruters and Grall 601-02552-25 202592c2 1 A bill to be entitled 2 An act relating to motor vehicle safety; providing a 3 short title; amending s. 316.605, F.S.; requiring that 4 every vehicle required to be licensed in this state 5 display a license plate on the rear and the front of 6 the vehicle; amending s. 559.905, F.S.; requiring a 7 motor vehicle repair shop to request a written crash 8 report from a customer under certain circumstances; 9 requiring a motor vehicle repair shop or the vendor 10 that processes repair estimates for the motor vehicle 11 repair shop to transmit a copy of the finalized repair 12 estimate within a specified timeframe to a database to 13 be established and maintained by the Department of Law 14 Enforcement, if a customer does not provide a written 15 crash report; authorizing the department to revoke a 16 motor vehicle repair shops registration under certain 17 circumstances; revising the items required in a 18 written repair estimate; making technical changes; 19 amending s. 559.909, F.S.; conforming a cross 20 reference; making technical changes; reenacting ss. 21 316.2128(2), 316.545(3)(e), 320.0655(1) and (2), 22 320.0659(1), and 320.0706, F.S., relating to 23 micromobility devices, motorized scooters, and 24 miniature motorcycles requirements; noncompliance of 25 vehicles from nonmember International Registration 26 Plan jurisdictions; permanent license plates for 27 governmental entities and volunteer fire departments; 28 permanent registration of trailers for hire and 29 semitrailers; and display of license plates on trucks, 30 respectively, to incorporate the amendment made to s. 31 316.605, F.S., in references thereto; reenacting s. 32 559.907(1)(b), F.S., relating to charges for motor 33 vehicle repair estimate and requirement of waiver of 34 rights prohibited, to incorporate the amendment made 35 to s. 559.905, F.S., in a reference thereto; providing 36 effective dates. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1.This act may be cited as the Lilly Glaubach 41 Act. 42 Section 2.Effective January 1, 2026, subsection (1) of 43 section 316.605, Florida Statutes, is amended to read: 44 316.605Licensing of vehicles. 45 (1)Every vehicle, at all times while driven, stopped, or 46 parked upon any highways, roads, or streets of this state, must 47 shall be licensed in the name of the owner thereof in accordance 48 with the laws of this state unless such vehicle is not required 49 by the laws of this state to be licensed in this state and must 50 shall, except as otherwise provided in s. 320.0706 for front-end 51 registration license plates on truck tractors and s. 320.086(5) 52 which exempts display of license plates on described former 53 military vehicles, display a the license plate on the rear and 54 the front of the vehicle or both of the license plates assigned 55 to it by the state, one on the rear and, if two, the other on 56 the front of the vehicle, each to be securely fastened to the 57 vehicle outside the main body of the vehicle not higher than 60 58 inches and not lower than 12 inches from the ground and no more 59 than 24 inches to the left or right of the centerline of the 60 vehicle, and in such manner as to prevent the plates from 61 swinging, and all letters, numerals, printing, writing, the 62 registration decal, and the alphanumeric designation must shall 63 be clear and distinct and free from defacement, mutilation, 64 grease, and other obscuring matter, so that they will be plainly 65 visible and legible at all times 100 feet from the rear or 66 front. Except as provided in s. 316.2085(3), vehicle license 67 plates must shall be affixed and displayed in such a manner that 68 the letters and numerals may shall be read from left to right 69 parallel to the ground. No vehicle license plate may be 70 displayed in an inverted or reversed position or in such a 71 manner that the letters and numbers and their proper sequence 72 are not readily identifiable. Nothing may shall be placed upon 73 the face of a Florida plate except as permitted by law or by 74 rule or regulation of a governmental agency. No License plates 75 other than those furnished by the state may not shall be used. 76 However, if the vehicle is not required to be licensed in this 77 state, the license plates on such vehicle issued by another 78 state, by a territory, possession, or district of the United 79 States, or by a foreign country, substantially complying with 80 this section the provisions hereof, shall be considered as 81 complying with this chapter. A violation of this subsection is a 82 noncriminal traffic infraction, punishable as a nonmoving 83 violation as provided in chapter 318. 84 Section 3.Section 559.905, Florida Statutes, is amended to 85 read: 86 559.905Crash report required for accident or collision 87 repair work; written motor vehicle repair estimate; and 88 disclosure statement required. 89 (1)(a)If a customer requests that a motor vehicle repair 90 shop perform work to restore a motor vehicle damaged in an 91 accident or a collision, and such work is estimated to cost 92 $2,500 or more, the motor vehicle repair shop must, after 93 preparing the written repair estimate required by subsection 94 (2), request that the customer provide a written crash report as 95 specified under s. 316.066. 96 (b)If a customer does not provide a written crash report, 97 the motor vehicle repair shop or the vendor that processes 98 repair estimates for the motor vehicle repair shop must, within 99 3 business days after finalizing the repair estimate, transmit a 100 copy of the repair estimate to a database to be established and 101 maintained by the Department of Law Enforcement. 102 (c)If the department finds a motor vehicle repair shop in 103 violation of this subsection, it may revoke the motor vehicle 104 repair shops registration under s. 559.904. 105 (2)When any customer requests a motor vehicle repair shop 106 to perform repair work on a motor vehicle, the cost of which 107 repair work will exceed $150 to the customer, the shop shall 108 prepare a written repair estimate, which is a form setting forth 109 the estimated cost of repair work, including diagnostic work, 110 before effecting any diagnostic work or repair. The written 111 repair estimate must also include all of the following items: 112 (a)The name, address, and telephone number of the motor 113 vehicle repair shop. 114 (b)The name, address, and telephone number of the 115 customer. 116 (c)The date and time of the written repair estimate. 117 (d)The vehicle identification number, year, make, model, 118 odometer reading, and license tag number of the motor vehicle. 119 (e)The proposed work completion date. 120 (f)A general description of the customers problem or 121 request for repair work or service relating to the motor 122 vehicle. 123 (g)A statement as to whether the customer is being charged 124 according to a flat rate or an hourly rate, or both. 125 (h)The estimated cost of repair which must include any 126 charge for shop supplies or for hazardous or other waste removal 127 and, if a charge is included, the estimate must include the 128 following statement: 129 130 This charge represents costs and profits to the motor 131 vehicle repair facility for miscellaneous shop 132 supplies or waste disposal. 133 134 If a charge is mandated by state or federal law, the estimate 135 must contain a statement identifying the law and the specific 136 amount charged under the law. 137 (i)The charge for making a repair price estimate or, if 138 the charge cannot be predetermined, the basis on which the 139 charge will be calculated. 140 (j)The customers intended method of payment. 141 (k)The name and telephone number of another person who may 142 authorize repair work, if the customer desires to designate such 143 person. 144 (l)A statement indicating what, if anything, is guaranteed 145 in connection with the repair work and the time and mileage 146 period for which the guarantee is effective. 147 (m)A statement allowing the customer to indicate whether 148 replaced parts should be saved for inspection or return. 149 (n)A statement indicating the daily charge for storing the 150 customers motor vehicle after the customer has been notified 151 that the repair work has been completed. However, storage 152 charges may not accrue or be due and payable for a period of 3 153 working days from the date after such notification. 154 (3)(2)If the cost of repair work will exceed $150, the 155 shop must present to the customer a written notice conspicuously 156 disclosing, in a separate, blocked section, only the following 157 statement, in capital letters of at least 12-point type: 158 159 PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND 160 SIGN: 161 I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A 162 WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $150. 163 164 .... I REQUEST A WRITTEN ESTIMATE. 165 166 .... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE 167 REPAIR COSTS DO NOT EXCEED $..... THE SHOP MAY NOT EXCEED THIS 168 AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL. 169 170 .... I DO NOT REQUEST A WRITTEN ESTIMATE. 171 172 SIGNED ............DATE ............ 173 174 (4)(3)The information required by paragraphs (2)(h) and 175 (i) (1)(h) and (i) need not be provided if the customer waives 176 in writing her or his right to receive a written estimate. 177 (5)(4)Except as provided in subsection (6) (5), a copy of 178 the written repair estimate required by subsection (2) (1) and 179 the disclosure statement required by subsection (3) must (2) 180 shall be given to the customer before repair work commences is 181 begun. The disclosure statement may be provided on the same form 182 as the written repair estimate. 183 (6)(5)If the customer leaves her or his motor vehicle at a 184 motor vehicle repair shop during hours when the shop is not open 185 or if the customer permits the shop or another person to deliver 186 the motor vehicle to the shop, there is shall be an implied 187 partial waiver of the written estimate; however, upon completion 188 of diagnostic work necessary to estimate the cost of repair, the 189 shop shall notify the customer as required in s. 559.909(1). 190 (7)(6)Nothing in This section may not shall be construed 191 to require a motor vehicle repair shop to give a written 192 estimated price if the motor vehicle repair shop does not agree 193 to perform the requested repair. 194 Section 4.Subsection (1) of section 559.909, Florida 195 Statutes, is amended to read: 196 559.909Notification of charges in excess of repair 197 estimate; unlawful charges; refusal to return vehicle 198 prohibited; inspection of parts. 199 (1)In the event that: 200 (a)The written repair estimate contains only an estimate 201 for diagnostic work necessary to estimate the cost of repair and 202 such diagnostic work has been completed; 203 (b)A determination is made by a motor vehicle repair shop 204 that the actual charges for the repair work will exceed the 205 written estimate by more than $10 or 10 percent, whichever is 206 greater, but not to exceed $50; or 207 (c)An implied partial waiver exists for diagnostic work, 208 as described in s. 559.905(6) s. 559.905(5), and such diagnostic 209 work has been completed, the customer must shall be promptly 210 notified by the motor vehicle repair shop by telephone, 211 telegraph, mail, or other means of the additional repair work 212 and estimated cost thereof. A customer so notified shall, orally 213 or in writing, authorize, modify, or cancel the order for 214 repair. 215 Section 5.Effective January 1, 2026, for the purpose of 216 incorporating the amendment made by this act to section 316.605, 217 Florida Statutes, in a reference thereto, subsection (2) of 218 section 316.2128, Florida Statutes, is reenacted to read: 219 316.2128Micromobility devices, motorized scooters, and 220 miniature motorcycles; requirements. 221 (2)A motorized scooter or micromobility device is not 222 required to satisfy the registration and insurance requirements 223 of s. 320.02 or the licensing requirements of s. 316.605. 224 Section 6.Effective January 1, 2026, for the purpose of 225 incorporating the amendment made by this act to section 316.605, 226 Florida Statutes, in a reference thereto, paragraph (e) of 227 subsection (3) of section 316.545, Florida Statutes, is 228 reenacted to read: 229 316.545Weight and load unlawful; special fuel and motor 230 fuel tax enforcement; inspection; penalty; review. 231 (3) 232 (e)A vehicle operating on the highways of this state from 233 a nonmember International Registration Plan jurisdiction which 234 is not in compliance with s. 316.605 is subject to the penalties 235 provided in this section. 236 Section 7.Effective January 1, 2026, for the purpose of 237 incorporating the amendment made by this act to section 316.605, 238 Florida Statutes, in references thereto, subsections (1) and (2) 239 of section 320.0655, Florida Statutes, are reenacted to read: 240 320.0655Permanent license plates for governmental entities 241 and volunteer fire departments. 242 (1)A permanent license plate shall be issued for any motor 243 vehicle owned or exclusively operated by the state or by any 244 county, municipality, or other governmental entity. All such 245 license plates shall be of a distinctive color, different from 246 that of plates issued under s. 320.06. Such plate shall be 247 displayed as required by s. 316.605 and shall be removed upon 248 the sale of the vehicle or when the vehicle otherwise becomes 249 ineligible for the permanent plate. If it has become lost, 250 mutilated, or destroyed, the plate may be replaced as provided 251 by s. 320.0607. The use of such plate on any vehicle other than 252 one authorized in this subsection is prohibited, except as 253 approved by the department. However, such plate may be used on a 254 vehicle loaned, rented, or leased to a district school board for 255 the purpose of providing driver education training. 256 (2)A permanent license plate shall be issued for any motor 257 vehicle owned and exclusively operated by a volunteer fire 258 department, which plate shall be of a distinctive color. The 259 plate shall be displayed as required by s. 316.605 and shall be 260 removed upon sale of the vehicle or when the vehicle otherwise 261 becomes ineligible for the permanent plate. If it has become 262 lost, mutilated, or destroyed, the plate may be replaced as 263 provided by s. 320.0607. The use of such plate on any vehicle 264 other than one authorized in this subsection is prohibited, 265 except as approved by the department. 266 Section 8.Effective January 1, 2026, for the purpose of 267 incorporating the amendment made by this act to section 316.605, 268 Florida Statutes, in a reference thereto, subsection (1) of 269 section 320.0659, Florida Statutes, is reenacted to read: 270 320.0659Permanent registration of trailer for hire and 271 semitrailers. 272 (1)A permanent license plate may be issued for any 273 semitrailer classified under s. 320.08(5)(a)2. All such license 274 plates shall be of a distinctive color, and shall be imprinted 275 with the words Permanent Trl at the bottom. Such plates shall 276 be displayed as required by s. 316.605 and shall be removed upon 277 the sale of the vehicle or upon the vehicles being removed from 278 service. If the plate is lost, mutilated, or destroyed, the 279 plate may be replaced as provided by s. 320.0607. The use of 280 such plate on any vehicle other than the one to which it is 281 issued is prohibited. No refunds shall be issued for this plate. 282 Section 9.Effective January 1, 2026, for the purpose of 283 incorporating the amendment made by this act to section 316.605, 284 Florida Statutes, in a reference thereto, section 320.0706, 285 Florida Statutes, is reenacted to read: 286 320.0706Display of license plates on trucks.The owner of 287 any commercial truck of gross vehicle weight of 26,001 pounds or 288 more shall display the registration license plate on both the 289 front and rear of the truck in conformance with all the 290 requirements of s. 316.605 that do not conflict with this 291 section. The owner of a dump truck may place the rear license 292 plate on the gate no higher than 60 inches to allow for better 293 visibility. However, the owner of a truck tractor shall be 294 required to display the registration license plate only on the 295 front of such vehicle. A violation of this section is a 296 noncriminal traffic infraction, punishable as a moving violation 297 as provided in chapter 318. 298 Section 10.For the purpose of incorporating the amendment 299 made by this act to section 559.905, Florida Statutes, in a 300 reference thereto, paragraph (b) of subsection (1) of section 301 559.907, Florida Statutes, is reenacted to read: 302 559.907Charges for motor vehicle repair estimate; 303 requirement of waiver of rights prohibited. 304 (1)No motor vehicle repair shop shall charge for making a 305 repair price estimate unless, prior to making the price 306 estimate, the shop: 307 (b)Obtains authorization on the written repair estimate, 308 in accordance with s. 559.905, to prepare an estimate. No motor 309 vehicle repair shop shall impose or threaten to impose any such 310 charge which is clearly excessive in relation to the work 311 involved in making the price estimate. 312 Section 11.Except as otherwise expressly provided in this 313 act, this act shall take effect July 1, 2025.