HB 365

1	A bill to be entitled
2	An act relating to motor vehicle repair shops; amending s.
3	559.904, F.S.; requiring applicants for registration to
4	furnish proof of certain liability insurance; providing
5	that failure to maintain such insurance is grounds for
6	denial, revocation, or refusal to renew a registration;
7	amending s. 559.921, F.S.; providing that a violation of
8	the requirement to maintain liability insurance is a
9	criminal violation; providing administrative fines and
10	criminal penalties; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  This act may be cited as the "Abelardo 'Al'
15	Castillo Act."
16	Section 2.  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 renew
22	the registration of a motor vehicle repair shop based upon a
23	determination that the motor vehicle repair shop, or any of its
24	directors, officers, owners, or general partners:
25	(a)  Have failed to meet the requirements for registration
26	as provided in this part;
27	(b)  Have not satisfied a civil fine, administrative fine,
28	or other penalty arising out of any administrative or
29	enforcement action brought by any governmental agency based upon
30	conduct involving fraud, dishonest dealing, or any violation of
31	this part;
32	(c)  Have had against them any civil, criminal, or
33	administrative adjudication in any jurisdiction, based upon
34	conduct involving fraud, dishonest dealing, or any violation of
35	this part; or
36	(d)  Have had a judgment entered against them in any action
37	brought by the department or the state attorney pursuant to ss.
38	501.201-501.213 or this part; or
39	(e)  Have not maintained in force the insurance required
40	under subsection (13).
41	(13)  Each applicant for an initial or renewal registration
42	under this section shall provide the department with evidence of
43	current and valid liability insurance in an amount not less than
44	$300,000 on repairs performed by the motor vehicle repair shop.
45	The department shall require that an applicant present a
46	certificate of insurance issued by an insurance company or
47	carrier authorized to transact business in this state before an
48	initial or renewal registration certificate may be issued to the
49	applicant.
50	Section 3.  Paragraph (b) of subsection (4) of section
51	559.921, Florida Statutes, is amended, and subsection (9) is
52	added to that section, to read:
53	559.921  Remedies.--
54	(4)
55	(b)  Upon a finding as set forth in paragraph (a), the
56	department may enter an order doing one or more of the
57	following:
58	1.  Issuing a notice of noncompliance pursuant to s.
59	120.695.
60	2.  Imposing an administrative fine not to exceed $1,000
61	per violation for each act which constitutes a violation of this
62	part or a rule or order.
63	3.  Imposing an administrative fine not to exceed $5,000
64	per violation for failure to maintain the liability insurance
65	required under s. 559.904(13).
66	4.3.  Directing that the motor vehicle repair shop cease
67	and desist specified activities.
68	5.4.  Refusing to register or revoking or suspending a
69	registration.
70	6.5.  Placing the registrant on probation for a period of
71	time, subject to such conditions as the department may specify.
72	(9)  A person who engages in motor vehicle repair and does
73	not maintain current and valid liability insurance as required
74	under s. 559.904(13) commits a misdemeanor of the second degree,
75	punishable as provided in s. 775.082 or s. 775.083.
76	Section 4.  This act shall take effect July 1, 2006.

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