HB 0715CS

CHAMBER ACTION




1The Civil Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to motor vehicle repair shops; amending s.
7559.904, F.S.; requiring applicants for registration to
8furnish proof of certain liability insurance; providing
9that failure to maintain such insurance is grounds for
10denial, revocation, or refusal to renew a registration;
11amending s. 559.921, F.S.; providing criminal and
12administrative penalties for a violation of the
13requirement to maintain liability insurance; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsection (10) of section 559.904, Florida
19Statutes, is amended, and subsection (13) is added to that
20section, to read:
21     559.904  Motor vehicle repair shop registration;
22application; exemption.--
23     (10)  The department may deny, revoke, or refuse to renew
24the registration of a motor vehicle repair shop based upon a
25determination that the motor vehicle repair shop, or any of its
26directors, officers, owners, or general partners:
27     (a)  Have failed to meet the requirements for registration
28as provided in this part;
29     (b)  Have not satisfied a civil fine, administrative fine,
30or other penalty arising out of any administrative or
31enforcement action brought by any governmental agency based upon
32conduct involving fraud, dishonest dealing, or any violation of
33this part;
34     (c)  Have had against them any civil, criminal, or
35administrative adjudication in any jurisdiction, based upon
36conduct involving fraud, dishonest dealing, or any violation of
37this part; or
38     (d)  Have had a judgment entered against them in any action
39brought by the department or the state attorney pursuant to ss.
40501.201-501.213 or this part; or.
41     (e)  Have failed to maintain in force the insurance
42required under subsection (13).
43     (13)  Each applicant for an initial or renewal registration
44under this section shall provide the department with evidence of
45current and valid liability insurance in an amount not less than
46$300,000 on repairs performed by the motor vehicle repair shop.
47The department shall require that an applicant present a
48certificate of insurance issued by an insurance company or
49carrier authorized to transact business in this state before an
50initial or renewal registration certificate may be issued to the
51applicant.
52     Section 2.  Subsection (4) of section 559.921, Florida
53Statutes, is amended, and subsection (9) is added to that
54section, to read:
55     559.921  Remedies.--
56     (4)(a)  The department may enter an order imposing one or
57more of the penalties set forth in paragraph (b) if the
58department finds that a motor vehicle repair shop:
59     1.  Violated or is operating in violation of any of the
60provisions of this part or of the rules adopted or orders issued
61thereunder;
62     2.  Made a material false statement in any application,
63document, or record required to be submitted or retained under
64this part;
65     3.  Refused or failed, or any of its principal officers
66have refused or failed, after notice, to produce any document or
67record or disclose any information required to be produced or
68disclosed under this part or the rules of the department;
69     4.  Made a material false statement in response to any
70request or investigation by the department, the Department of
71Legal Affairs, or the state attorney; or
72     5.  Has intentionally defrauded the public through
73dishonest or deceptive means.
74     (b)  Upon a finding as set forth in paragraph (a), the
75department may enter an order doing one or more of the
76following:
77     1.  Issuing a notice of noncompliance pursuant to s.
78120.695.
79     2.  Imposing an administrative fine not to exceed $1,000
80per violation for each act which constitutes a violation of this
81part or a rule or order.
82     3.  Imposing an administrative fine not to exceed $5,000
83per violation for failure to maintain the liability insurance
84required under s. 559.904(13).
85     4.3.  Directing that the motor vehicle repair shop cease
86and desist specified activities.
87     5.4.  Refusing to register or revoking or suspending a
88registration.
89     6.5.  Placing the registrant on probation for a period of
90time, subject to such conditions as the department may specify.
91     (c)  The administrative proceedings which could result in
92the entry of an order imposing any of the penalties specified in
93paragraph (b) shall be conducted in accordance with chapter 120.
94     (9)  A person who engages in motor vehicle repair and fails
95to maintain current and valid liability insurance as required
96under s. 559.904(13) commits a misdemeanor of the second degree,
97punishable as provided in s. 775.082 or s. 775.083.
98     Section 3.  This act shall take effect July 1, 2005.


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