Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1002
       
       
       
       
       
       
                                Ì764142ÃÎ764142                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/20/2023           .                                
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       The Committee on Commerce and Tourism (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 113 and 114
    4  insert:
    5         Section 3. Section 627.7288, Florida Statutes, is amended
    6  to read:
    7         627.7288 Comprehensive coverage; deductible not to apply to
    8  motor vehicle glass; reimbursement rates.—
    9         (1) The deductible provisions of any policy of motor
   10  vehicle insurance, delivered or issued in this state by an
   11  authorized insurer, providing comprehensive coverage or combined
   12  additional coverage shall not be applicable to damage to the
   13  windshield of any motor vehicle covered under such policy.
   14         (2) Unless an authorized insurer has directly contracted
   15  for different amounts with a motor vehicle repair shop, as
   16  defined in s. 559.903, performing windshield replacement or
   17  repair, or has established alternative reimbursement rates in a
   18  motor vehicle insurance policy, every windshield replacement and
   19  repair performed in this state under any policy of motor vehicle
   20  insurance delivered or issued in this state by an authorized
   21  insurer must be reimbursed as follows:
   22         (a) Reimbursement for the replacement of a windshield at 85
   23  percent of the rate published in the National Auto Glass
   24  Specifications on the date the windshield replacement service
   25  was performed. If the rate for a windshield is not published in
   26  the National Auto Glass Specifications, the reimbursement rate
   27  is the dealer retail price for the windshield.
   28         (b) Reimbursement of labor costs related to replacement of
   29  the windshield at a labor rate of $85 per hour. Beginning July
   30  1, 2024, the Department of Financial Services shall adjust the
   31  labor rate established under this paragraph on July 1 of each
   32  calendar year to reflect changes in the Consumer Price Index or
   33  similar inflation indicator.
   34         (c) Reimbursement for the number of labor hours required
   35  for the replacement of the windshield at the rate published in
   36  the National Auto Glass Specifications on the date the
   37  windshield replacement service was performed.
   38         (d) Reimbursement of the required kit or multiple kits for
   39  windshield replacement paid at the rate of $30 per kit, $35 per
   40  1.5 kits, or $40 per 2 kits, with the total number of kits
   41  required for the windshield replacement based on the
   42  requirements published in the National Auto Glass Specifications
   43  on the date the windshield replacement was performed.
   44  Reimbursement for all other urethanes is $15 per kit.
   45         (e) Reimbursement for molding required for the replacement
   46  of a windshield paid at the rate published in the National Auto
   47  Glass Specifications on the date the windshield replacement
   48  service was performed.
   49         (f) Reimbursement for the repair of an existing windshield
   50  at a rate of $60 for the first area repaired and $15 for the
   51  second area repaired. There is no right to reimbursement for any
   52  charges that exceed $75 for any windshield repair.
   53         (g) Reimbursement for windshield calibration in connection
   54  with a windshield replacement at a rate of $550 for static
   55  calibration, $450 for dynamic calibration, and $700 for dual
   56  calibration.
   57         (3) An authorized insurer has an affirmative defense in any
   58  action brought by a motor vehicle repair shop relating to
   59  windshield repair or replacement reimbursements if the
   60  authorized insurer reimbursed the motor vehicle repair shop
   61  pursuant to subsection (2).
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64  And the title is amended as follows:
   65         Between lines 13 and 14
   66  insert:
   67         amending s. 627.7288, F.S.; requiring authorized
   68         insurers to reimburse motor vehicle repair shops in a
   69         specified manner for performing windshield
   70         replacements or repairs; providing exceptions;
   71         requiring the Department of Financial Services to
   72         annually adjust a certain labor rate, beginning on a
   73         specified date; specifying that an authorized insurer
   74         has an affirmative defense in proceedings relating to
   75         windshield replacements and repairs under certain
   76         circumstances;