Senate Bill sb1816

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 1816

    By Senator Campbell





    32-915-05                                               See HB

  1                      A bill to be entitled

  2         An act relating to motor vehicle repairs;

  3         requiring collision centers, insurance claims

  4         centers, and insurance adjusters' offices to

  5         display a disclosure relating to the selection

  6         and ownership of repair facilities; requiring

  7         certain repair facilities to submit a report to

  8         the Office of Insurance Regulation; providing

  9         criteria for the report; requiring the office

10         to maintain the information contained in the

11         report; requiring the office to make such

12         information available to appropriate

13         substantive legislative committees; authorizing

14         the office to penalize repair facilities;

15         providing civil penalties; providing that no

16         order of the office or court or holding of a

17         hearing will relieve or absolve a person from

18         liability, penalty, or forfeiture under law;

19         providing an effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Disclosure; conflict of interest.--The

24  following disclosure is required by law to be posted in

25  visible sight in the customer area of any collision center,

26  insurance claims center, or insurance adjuster's office:

27  

28         A PERSON IN THIS STATE HAS THE RIGHT TO CHOOSE

29         ANY REPAIR FACILITY FOR THE REPAIR OF A MOTOR

30         VEHICLE LOSS. IF AN INSURER PROVIDES

31         INFORMATION ABOUT A REPAIR FACILITY, THE

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1816
    32-915-05                                               See HB




 1         INSURER SHALL INFORM THE PERSON OF THIS RIGHT

 2         AT THE SAME TIME AS PROVIDING THE INFORMATION.

 3         THIS SECTION DOES NOT CREATE A PRIVATE RIGHT OR

 4         CAUSE OF ACTION TO OR ON BEHALF OF ANY PERSON.

 5  

 6         IF AN INSURED OR CLAIMANT SELECTS A REPAIR

 7         FACILITY TO REPAIR THE INSURED'S OR CLAIMANT'S

 8         MOTOR VEHICLE AND THE INSURER OWNS AN INTEREST

 9         IN THAT REPAIR FACILITY, THE ADJUSTER FOR THE

10         MOTOR VEHICLE MAY NOT BE EMPLOYED BY THE REPAIR

11         FACILITY OR HAVE ANY DIRECT AUTHORITY OVER THAT

12         FACILITY'S RECOMMENDATIONS OR DECISIONS

13         RELATING TO THE REPAIR OF THE INSURED'S OR

14         CLAIMANT'S MOTOR VEHICLE.

15         Section 2.  Reports by insurer-owned repair

16  facilities.--

17         (1)  Not later than January 10 each year, through

18  January 10, 2010, each repair facility that an insurer owns an

19  interest in and that engages in the business of repairing or

20  replacing the nonmechanical exterior or interior body parts of

21  a damaged motor vehicle shall file a report with the Director

22  of the Office of Insurance Regulation:

23         (a)  Providing the number of motor vehicles repaired,

24  including the dollar amount of those repairs, by the repair

25  facility in the previous calendar year in which the motor

26  vehicle owners were insured by or claimants of the insurer

27  that owns an interest in the repair facility.

28         (b)  Providing the number of motor vehicles repaired,

29  including the dollar amount of those repairs, by the repair

30  facility in the previous calendar year in which the motor

31  vehicle owners were insured by or claimants of the insurer

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1816
    32-915-05                                               See HB




 1  that owns an interest in the repair facility as a percentage

 2  of the total number of motor vehicles repaired, or the total

 3  dollar amount of those repairs, by that repair facility for

 4  that calendar year.

 5         (2)  The Office of Insurance Regulation shall maintain

 6  the information received pursuant to subsection (1) and make

 7  this information and any violations of this act available

 8  annually to the appropriate substantive committees of the

 9  Senate and the House of Representatives.

10         Section 3.  Cease and desist order for defined or

11  prohibited practices; civil penalty.--

12         (1)  If, after a hearing, the Office of Insurance

13  Regulation finds that a person or a repair facility has

14  engaged or is engaging in any illegal or unfair method of

15  competition or an unfair or deceptive act or practice under

16  this act, the office:

17         (a)  Shall order such person or repair facility to

18  cease and desist from the proscribed acts or practices.

19         (b)  May impose a civil penalty of not more than $1,000

20  for each act or violation but not to exceed an aggregate

21  penalty of $50,000 in any 6-month period unless the person or

22  repair facility intentionally violates this subsection, in

23  which case the office may impose a civil penalty of up to

24  $5,000 for each act or violation but not to exceed an

25  aggregate penalty of $100,000 in any 6-month period.

26         (2)  No order of the Office of Insurance Regulation

27  pursuant to this act, order of a court to enforce such order,

28  or holding of a hearing may in any manner relieve or absolve

29  any person affected by the order or hearing from any other

30  liability, penalty, or forfeiture under law.

31         Section 4.  This act shall take effect July 1, 2005.

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CODING: Words stricken are deletions; words underlined are additions.