| 1 | The Civil Justice Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to motor vehicle repair shops; amending s. |
| 7 | 559.904, F.S.; requiring applicants for registration to |
| 8 | furnish proof of certain liability insurance; providing |
| 9 | that failure to maintain such insurance is grounds for |
| 10 | denial, revocation, or refusal to renew a registration; |
| 11 | amending s. 559.921, F.S.; providing criminal and |
| 12 | administrative penalties for a violation of the |
| 13 | requirement to maintain liability insurance; providing an |
| 14 | effective date. |
| 15 |
|
| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
|
| 18 | Section 1. Subsection (10) of section 559.904, Florida |
| 19 | Statutes, is amended, and subsection (13) is added to that |
| 20 | section, to read: |
| 21 | 559.904 Motor vehicle repair shop registration; |
| 22 | application; exemption.-- |
| 23 | (10) The department may deny, revoke, or refuse to renew |
| 24 | the registration of a motor vehicle repair shop based upon a |
| 25 | determination that the motor vehicle repair shop, or any of its |
| 26 | directors, officers, owners, or general partners: |
| 27 | (a) Have failed to meet the requirements for registration |
| 28 | as provided in this part; |
| 29 | (b) Have not satisfied a civil fine, administrative fine, |
| 30 | or other penalty arising out of any administrative or |
| 31 | enforcement action brought by any governmental agency based upon |
| 32 | conduct involving fraud, dishonest dealing, or any violation of |
| 33 | this part; |
| 34 | (c) Have had against them any civil, criminal, or |
| 35 | administrative adjudication in any jurisdiction, based upon |
| 36 | conduct involving fraud, dishonest dealing, or any violation of |
| 37 | this part; or |
| 38 | (d) Have had a judgment entered against them in any action |
| 39 | brought by the department or the state attorney pursuant to ss. |
| 40 | 501.201-501.213 or this part; or. |
| 41 | (e) Have failed to maintain in force the insurance |
| 42 | required under subsection (13). |
| 43 | (13) Each applicant for an initial or renewal registration |
| 44 | under this section shall provide the department with evidence of |
| 45 | current and valid liability insurance in an amount not less than |
| 46 | $300,000 on repairs performed by the motor vehicle repair shop. |
| 47 | The department shall require that an applicant present a |
| 48 | certificate of insurance issued by an insurance company or |
| 49 | carrier authorized to transact business in this state before an |
| 50 | initial or renewal registration certificate may be issued to the |
| 51 | applicant. |
| 52 | Section 2. Subsection (4) of section 559.921, Florida |
| 53 | Statutes, is amended, and subsection (9) is added to that |
| 54 | section, to read: |
| 55 | 559.921 Remedies.-- |
| 56 | (4)(a) The department may enter an order imposing one or |
| 57 | more of the penalties set forth in paragraph (b) if the |
| 58 | department finds that a motor vehicle repair shop: |
| 59 | 1. Violated or is operating in violation of any of the |
| 60 | provisions of this part or of the rules adopted or orders issued |
| 61 | thereunder; |
| 62 | 2. Made a material false statement in any application, |
| 63 | document, or record required to be submitted or retained under |
| 64 | this part; |
| 65 | 3. Refused or failed, or any of its principal officers |
| 66 | have refused or failed, after notice, to produce any document or |
| 67 | record or disclose any information required to be produced or |
| 68 | disclosed under this part or the rules of the department; |
| 69 | 4. Made a material false statement in response to any |
| 70 | request or investigation by the department, the Department of |
| 71 | Legal Affairs, or the state attorney; or |
| 72 | 5. Has intentionally defrauded the public through |
| 73 | dishonest or deceptive means. |
| 74 | (b) Upon a finding as set forth in paragraph (a), the |
| 75 | department may enter an order doing one or more of the |
| 76 | following: |
| 77 | 1. Issuing a notice of noncompliance pursuant to s. |
| 78 | 120.695. |
| 79 | 2. Imposing an administrative fine not to exceed $1,000 |
| 80 | per violation for each act which constitutes a violation of this |
| 81 | part or a rule or order. |
| 82 | 3. Imposing an administrative fine not to exceed $5,000 |
| 83 | per violation for failure to maintain the liability insurance |
| 84 | required under s. 559.904(13). |
| 85 | 4.3. Directing that the motor vehicle repair shop cease |
| 86 | and desist specified activities. |
| 87 | 5.4. Refusing to register or revoking or suspending a |
| 88 | registration. |
| 89 | 6.5. Placing the registrant on probation for a period of |
| 90 | time, subject to such conditions as the department may specify. |
| 91 | (c) The administrative proceedings which could result in |
| 92 | the entry of an order imposing any of the penalties specified in |
| 93 | paragraph (b) shall be conducted in accordance with chapter 120. |
| 94 | (9) A person who engages in motor vehicle repair and fails |
| 95 | to maintain current and valid liability insurance as required |
| 96 | under s. 559.904(13) commits a misdemeanor of the second degree, |
| 97 | punishable as provided in s. 775.082 or s. 775.083. |
| 98 | Section 3. This act shall take effect July 1, 2005. |