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CS/SB 1002— Motor Vehicle Glass
by Rules Committee and Senators Stewart and Hooper
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Banking and Insurance Committee (BI)
The bill revises definitions under the Florida Motor Vehicle Repair Act to ensure that businesses that calibrate or recalibrate advanced driver assistance systems associated with windshields are regulated under the Act. The bill provides that motor vehicle repair shops, their employees, and their representatives:
- May not offer an inducement to a customer in exchange for making an insurance claim for motor vehicle glass replacement or repair.
- Must provide electronic or written notice to the customer whether calibration or recalibration of the advanced driver assistance system is required to make the system operable and must provide such service in a manner that meets or exceeds the vehicle manufacturer’s specifications.
The bill prohibits a policyholder, or any other person, from entering an assignment agreement of post-loss benefits for motor vehicle glass replacement or repair, including for calibration or recalibration of advanced driver assistance systems.
Finally, with regard to a motor vehicle windshield glass claim under comprehensive or combined additional coverage of a personal lines motor vehicle policy, the bill provides that:
- No person may require a claimant to use a particular company for motor vehicle windshield glass replacement, repair, or calibration services.
- An insurer or a person acting on the insurer’s behalf may provide an explanation of motor vehicle comprehensive coverage benefits and any applicable limit of liability to a claimant.
- An insurer must provide an actuarially sound discount to the insured if they offer a policy that contains a managed repair arrangement for the provision of windshield glass replacement, repair, or calibration services.
- The foregoing requirements do not create a private cause of action.
If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions take effect upon becoming law.
Vote: Senate 40-0; House 103-16