Senate Bill sb0864c1

    Florida Senate - 2005                            CS for SB 864

    By the Committee on Banking and Insurance; and Senators Fasano
    and Crist




    597-2084-05

  1                      A bill to be entitled

  2         An act relating to motor vehicle repair shops;

  3         amending s. 559.904, F.S.; requiring applicants

  4         for registration to furnish proof of certain

  5         liability insurance; providing that failure to

  6         maintain such insurance is grounds for denial,

  7         revocation, or refusal to renew a registration;

  8         amending s. 559.921, F.S.; providing that a

  9         violation of the requirement to maintain

10         liability insurance is a criminal violation;

11         providing for administrative fines and criminal

12         penalties; providing an effective date.

13  

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

15  

16         Section 1.  Subsection (10) of section 559.904, Florida

17  Statutes, is amended, and subsection (13) is added to that

18  section, to read:

19         559.904  Motor vehicle repair shop registration;

20  application; exemption.--

21         (10)  The department may deny, revoke, or refuse to

22  renew the registration of a motor vehicle repair shop based

23  upon a determination that the motor vehicle repair shop, or

24  any of its directors, officers, owners, or general partners:

25         (a)  Have failed to meet the requirements for

26  registration as provided in this part;

27         (b)  Have not satisfied a civil fine, administrative

28  fine, or other penalty arising out of any administrative or

29  enforcement action brought by any governmental agency based

30  upon conduct involving fraud, dishonest dealing, or any

31  violation of this part;

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






    Florida Senate - 2005                            CS for SB 864
    597-2084-05




 1         (c)  Have had against them any civil, criminal, or

 2  administrative adjudication in any jurisdiction, based upon

 3  conduct involving fraud, dishonest dealing, or any violation

 4  of this part; or

 5         (d)  Have had a judgment entered against them in any

 6  action brought by the department or the state attorney

 7  pursuant to ss. 501.201-501.213 or this part; or.

 8         (e)  Have failed to maintain in force the insurance

 9  required under subsection (13).

10         (13)  Each applicant for an initial or renewal

11  registration under this section shall provide the department

12  with evidence of current and valid liability insurance in an

13  amount not less than $300,000 on repairs performed by the

14  motor vehicle repair shop. The department shall require that

15  an applicant present a certificate of insurance issued by an

16  insurance company or carrier authorized to transact business

17  in this state before an initial or renewal registration

18  certificate may be issued to the applicant.

19         Section 2.  Paragraph (b) of subsection (4) of section

20  559.921, Florida Statutes, is amended, and subsection (9) is

21  added to that section, to read:

22         559.921  Remedies.--

23         (4)

24         (b)  Upon a finding as set forth in paragraph (a), the

25  department may enter an order doing one or more of the

26  following:

27         1.  Issuing a notice of noncompliance pursuant to s.

28  120.695.

29         2.  Imposing an administrative fine not to exceed

30  $1,000 per violation for each act which constitutes a

31  violation of this part or a rule or order.

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    Florida Senate - 2005                            CS for SB 864
    597-2084-05




 1         3.  Imposing an administrative fine not to exceed

 2  $5,000 per violation for failure to maintain the liability

 3  insurance required under s. 559.904(13).

 4         4.3.  Directing that the motor vehicle repair shop

 5  cease and desist specified activities.

 6         5.4.  Refusing to register or revoking or suspending a

 7  registration.

 8         6.5.  Placing the registrant on probation for a period

 9  of time, subject to such conditions as the department may

10  specify.

11         (9)  A person who engages in motor vehicle repair and

12  fails to maintain current and valid liability insurance as

13  required under s. 559.904(13) commits a misdemeanor of the

14  second degree, punishable as provided in s. 775.082 or s.

15  775.083.

16         Section 3.  This act shall take effect July 1, 2005.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 864

20                                 

21  The committee substitute provides the following changes:  

22  o    Reduces the required amount of liability insurance from
         $1 million to $300,000 that motor vehicle repair shops
23       must maintain.

24  o    Imposes an administrative fine not to exceed $5,000 per
         violation for failure to maintain the required liability
25       insurance.

26  o    Provides that a person who engages in motor vehicle
         repair and fails to maintain the required liability
27       insurance commits a misdemeanor of the second degree.

28  

29  

30  

31  

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