Florida Senate - 2021                                     SB 906
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00463-21                                            2021906__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle glass; amending s.
    3         559.920, F.S.; prohibiting motor vehicle repair shops
    4         and their employees from offering anything of value to
    5         a customer in exchange for making an insurance claim
    6         for motor vehicle glass replacement or repair,
    7         including offers made through certain persons;
    8         providing that the failure of a motor vehicle shop or
    9         one of its employees to provide certain written notice
   10         to consumers regarding recalibration of safety-related
   11         systems is an unlawful act; creating s. 559.9201,
   12         F.S.; defining terms; providing requirements that must
   13         be met in order for an assignment agreement to be
   14         valid; requiring an assignee to hold harmless an
   15         assignor when certain requirements are not satisfied;
   16         requiring that an assignment agreement be provided to
   17         an insurer at a specified time; providing requirements
   18         relating to service of written notices of intent to
   19         initiate litigation; requiring insurers to respond to
   20         a notice within a specified timeframe; requiring
   21         insurers to have certain procedures relating to
   22         disputes; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 559.920, Florida Statutes, is amended to
   27  read:
   28         559.920 Unlawful acts and practices.—It shall be a
   29  violation of this act for any motor vehicle repair shop or
   30  employee thereof to do any of the following:
   31         (1) Engage or attempt to engage in repair work for
   32  compensation of any type without first being registered with or
   33  having submitted an affidavit of exemption to the department.;
   34         (2) Make or charge for repairs which have not been
   35  expressly or impliedly authorized by the customer.;
   36         (3) Misrepresent that repairs have been made to a motor
   37  vehicle.;
   38         (4) Misrepresent that certain parts and repairs are
   39  necessary to repair a vehicle.;
   40         (5) Misrepresent that the vehicle being inspected or
   41  diagnosed is in a dangerous condition or that the customer’s
   42  continued use of the vehicle may be harmful or cause great
   43  damage to the vehicle.;
   44         (6) Fraudulently alter any customer contract, estimate,
   45  invoice, or other document.;
   46         (7) Fraudulently misuse any customer’s credit card.;
   47         (8) Make or authorize in any manner or by any means
   48  whatever any written or oral statement which is untrue,
   49  deceptive or misleading, and which is known, or which by the
   50  exercise of reasonable care should be known, to be untrue,
   51  deceptive or misleading.;
   52         (9) Make false promises of a character likely to influence,
   53  persuade, or induce a customer to authorize the repair, service,
   54  or maintenance of a motor vehicle.;
   55         (10) Substitute used, rebuilt, salvaged, or straightened
   56  parts for new replacement parts without notice to the motor
   57  vehicle owner and to her or his insurer if the cost of repair is
   58  to be paid pursuant to an insurance policy and the identity of
   59  the insurer or its claims adjuster is disclosed to the motor
   60  vehicle repair shop.;
   61         (11) Cause or allow a customer to sign any work order that
   62  does not state the repairs requested by the customer or the
   63  automobile’s odometer reading at the time of repair.;
   64         (12) Fail or refuse to give to a customer a copy of any
   65  document requiring the customer’s signature upon completion or
   66  cancellation of the repair work.;
   67         (13) Willfully depart from or disregard accepted practices
   68  and professional standards.;
   69         (14) Have repair work subcontracted without the knowledge
   70  or consent of the customer unless the motor vehicle repair shop
   71  or employee thereof demonstrates that the customer could not
   72  reasonably have been notified.;
   73         (15) Conduct the business of motor vehicle repair in a
   74  location other than that stated on the registration
   75  certificate.;
   76         (16) Rebuild or restore a rebuilt vehicle without the
   77  knowledge of the owner in such a manner that it does not conform
   78  to the original vehicle manufacturer’s established repair
   79  procedures or specifications and allowable tolerances for the
   80  particular model and year.; or
   81         (17)Offer to a customer a rebate, gift, gift card, cash,
   82  coupon, or any other thing of value in exchange for making an
   83  insurance claim for motor vehicle glass replacement or repair,
   84  including an offer made through a nonemployee who is compensated
   85  for the solicitation of insurance claims.
   86         (18)Pursuant to the repair or replacement of motor vehicle
   87  glass for motor vehicles equipped with safety-related systems
   88  requiring calibration, fail to provide written notice to the
   89  consumer that repair or replacement will require recalibration
   90  of safety-related systems and whether that calibration will be
   91  performed and meet or exceed the manufacturer’s procedures or
   92  specifications, and, if recalibration is not performed or not
   93  completed successfully, written notice to the consumer that the
   94  vehicle should be taken to be recalibrated by a professional
   95  capable of performing a recalibration that meets or exceeds the
   96  manufacturer’s procedures or specifications. Written notice must
   97  be in at least 12-point type.
   98         (20)(17) Perform any other act that is a violation of this
   99  part or that constitutes fraud or misrepresentation.
  100         (19)(18) Violate any provision of s. 713.585.
  101         Section 2. Section 559.9201, Florida Statutes, is created
  102  to read:
  103         559.9201 Repairs pursuant to assignment agreements.—
  104         (1)As used in this section, the term:
  105         (a)“Assignee” means a person who is assigned post-loss
  106  benefits under comprehensive or combined additional coverage
  107  under a motor vehicle insurance policy for windshield damage
  108  through an assignment agreement.
  109         (b)“Assignment agreement” means any instrument by which
  110  post-loss benefits under comprehensive or combined additional
  111  coverage under a motor vehicle insurance policy for windshield
  112  damage are assigned, transferred, or acquired in any manner, in
  113  whole or in part, to or from a person providing services to
  114  repair or replace motor vehicle glass.
  115         (c)“Assignor” means a person who assigns post-loss
  116  benefits under comprehensive or combined additional coverage
  117  under a motor vehicle insurance policy for windshield damage to
  118  another person through an assignment agreement.
  119         (2)In order for an assignment agreement to be valid:
  120         (a)The assignment agreement must include all of the
  121  following:
  122         1.A written repair estimate prepared pursuant to s.
  123  559.905 which cannot be waived, with a clearly defined total
  124  amount to be billed to the insurer.
  125         2.The following disclosure in at least 16-point type:
  126  
  127         ...(INSERT ASSIGNEE NAME)... HAS TAKEN AN ASSIGNMENT
  128         OF BENEFITS FOR YOUR COMPREHENSIVE OR COMBINED
  129         ADDITIONAL COVERAGE UNDER YOUR MOTOR VEHICLE INSURANCE
  130         POLICY. ...(INSERT ASSIGNEE NAME)... INTENDS TO FILE A
  131         CLAIM WITH YOUR INSURANCE COMPANY, AND MAY ALSO BE
  132         ENTITLED TO FILE A LAWSUIT IN YOUR NAME, PURSUANT TO
  133         THIS ASSIGNMENT OF BENEFITS AGREEMENT. BY SIGNING THIS
  134         ACKNOWLEDGMENT, YOU ACKNOWLEDGE THAT ...(INSERT
  135         ASSIGNEE NAME)... INTENDS TO FILE A CLAIM WITH YOUR
  136         INSURANCE COMPANY AND THAT A LAWSUIT REGARDING YOUR
  137         INSURANCE POLICY MAY BE FILED IN YOUR NAME.
  138  
  139         3.The assignee’s name, telephone number, address, and
  140  registration number from the certificate issued by the
  141  department pursuant to s. 559.904 and the assignor’s name,
  142  telephone number, address, and signature.
  143         (b)The assignee must, at the time of providing an
  144  assignment agreement to the consumer, comply with s.
  145  559.920(18).
  146         (c)The assignment agreement may not include services not
  147  provided, including, but not limited to, recalibration of
  148  safety-related systems.
  149  
  150  An assignee that fails to meet these requirements for a valid
  151  assignment under this subsection must hold harmless the assignor
  152  for any costs that may be greater than the amount covered by the
  153  assignor’s insurer.
  154         (3)The assignment agreement must be provided to the
  155  insurer at the time of filing the claim with the insurer.
  156         (4)(a)An assignee must provide the insurer and the
  157  assignor with a written notice of intent to initiate litigation
  158  before filing suit under the policy. Such notice must be served
  159  by certified mail, return receipt requested, or electronic
  160  delivery at least 30 days before filing suit. The notice must
  161  specify the damages in dispute, the amount claimed, and a
  162  presuit settlement demand. Concurrent with the notice, and as a
  163  precondition to filing the suit, the assignee must provide the
  164  insurer and the assignor a detailed written invoice of services,
  165  including itemized information on equipment, materials, and
  166  supplies; the number of labor hours; and, in the case of work
  167  performed, proof that the work has been performed in accordance
  168  with accepted industry standards.
  169         (b)After receiving the notice specified in paragraph (a),
  170  an insurer must respond in writing to the notice within 15 days.
  171  An insurer must have a procedure for the prompt investigation,
  172  review, and evaluation of the dispute stated in the notice and
  173  must investigate each claim contained in the notice in
  174  accordance with the Florida Insurance Code.
  175         Section 3. This act shall take effect July 1, 2021.