Senate Bill sb0864e1

    CS for SB 864                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to motor vehicle repair shops;

  3         providing a short title; amending s. 559.904,

  4         F.S.; requiring applicants for registration to

  5         furnish proof of certain liability insurance;

  6         providing that failure to maintain such

  7         insurance is grounds for denial, revocation, or

  8         refusal to renew a registration; amending s.

  9         559.921, F.S.; providing that a violation of

10         the requirement to maintain liability insurance

11         is a criminal violation; providing for

12         administrative fines and criminal penalties;

13         providing an effective date.

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

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17         Section 1.  This act may be cited as the "Abelardo 'Al'

18  Castillo Act."

19         Section 2.  Subsection (10) of section 559.904, Florida

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

21  section, to read:

22         559.904  Motor vehicle repair shop registration;

23  application; exemption.--

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

25  renew the registration of a motor vehicle repair shop based

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

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

28         (a)  Have failed to meet the requirements for

29  registration as provided in this part;

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

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


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    CS for SB 864                                  First Engrossed



 1  enforcement action brought by any governmental agency based

 2  upon conduct involving fraud, dishonest dealing, or any

 3  violation of this part;

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

 5  administrative adjudication in any jurisdiction, based upon

 6  conduct involving fraud, dishonest dealing, or any violation

 7  of this part; or

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

 9  action brought by the department or the state attorney

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

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

12  required under subsection (13).

13         (13)  Each applicant for an initial or renewal

14  registration under this section shall provide the department

15  with evidence of current and valid liability insurance in an

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

17  motor vehicle repair shop. The department shall require that

18  an applicant present a certificate of insurance issued by an

19  insurance company or carrier authorized to transact business

20  in this state before an initial or renewal registration

21  certificate may be issued to the applicant.

22         Section 3.  Paragraph (b) of subsection (4) of section

23  559.921, Florida Statutes, is amended, and subsection (9) is

24  added to that section, to read:

25         559.921  Remedies.--

26         (4)

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

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

29  following:

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

31  120.695.


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    CS for SB 864                                  First Engrossed



 1         2.  Imposing an administrative fine not to exceed

 2  $1,000 per violation for each act which constitutes a

 3  violation of this part or a rule or order.

 4         3.  Imposing an administrative fine not to exceed

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

 6  insurance required under s. 559.904(13).

 7         4.3.  Directing that the motor vehicle repair shop

 8  cease and desist specified activities.

 9         5.4.  Refusing to register or revoking or suspending a

10  registration.

11         6.5.  Placing the registrant on probation for a period

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

13  specify.

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

15  fails to maintain current and valid liability insurance as

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

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

18  775.083.

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

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