Senate Bill sb0108

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    Florida Senate - 2006        (Corrected Copy)           SB 108

    By Senator Fasano





    11-52-06

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

17  Castillo Act."

18         Section 2.  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

24  renew the registration of a motor vehicle repair shop based

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

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

27         (a)  Have failed to meet the requirements for

28  registration as provided in this part;

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

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

31  enforcement action brought by any governmental agency based

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    Florida Senate - 2006        (Corrected Copy)           SB 108
    11-52-06




 1  upon conduct involving fraud, dishonest dealing, or any

 2  violation of this part;

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

 4  administrative adjudication in any jurisdiction, based upon

 5  conduct involving fraud, dishonest dealing, or any violation

 6  of this part; or

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

 8  action brought by the department or the state attorney

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

10         (e)  Have not maintained in force the insurance

11  required under subsection (13).

12         (13)  Each applicant for an initial or renewal

13  registration under this section shall provide the department

14  with evidence of current and valid liability insurance in an

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

16  motor vehicle repair shop. The department shall require that

17  an applicant present a certificate of insurance issued by an

18  insurance company or carrier authorized to transact business

19  in this state before an initial or renewal registration

20  certificate may be issued to the applicant.

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

22  559.921, Florida Statutes, is amended, and subsection (9) is

23  added to that section, to read:

24         559.921  Remedies.--

25         (4)

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

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

28  following:

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

30  120.695.

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 108
    11-52-06




 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  does not 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, 2006.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Requires motor vehicle repair shops to maintain liability
      insurance in the amount of $300,000 as a condition of
24    registration. Provides that failure to maintain such
      insurance is grounds for denying, revoking, or refusing
25    to renew a shop's registration. Provides administrative
      fines and criminal penalties for failing to maintain the
26    required insurance.

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