1 | The Civil Justice Committee recommends the following: |
2 |
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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 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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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. |