CS for SB 1002                             First Engrossed (ntc)
       
       
       
       
       
       
       
       
       20231002e1
       
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle glass; amending s.
    3         559.903, F.S.; defining the term “advanced driver
    4         assistance system”; revising the definition of the
    5         term “motor vehicle repair”; amending s. 559.920,
    6         F.S.; prohibiting motor vehicle repair shops or their
    7         employees from offering anything of value to a
    8         customer in exchange for making an insurance claim for
    9         motor vehicle glass replacement or repair, including
   10         offers made through certain persons; specifying that
   11         the failure to provide certain electronic or written
   12         notice relating to calibrating or recalibrating an
   13         advanced driver assistance system is unlawful;
   14         creating s. 627.7289, F.S.; prohibiting persons from
   15         entering into assignment agreements of post-loss
   16         benefits for motor vehicle glass replacement or repair
   17         after a specified date; providing that such assignment
   18         agreements are void and unenforceable; defining the
   19         term “assignment agreement”; creating s. 627.7291,
   20         F.S.; prohibiting certain persons from requiring
   21         claimants to use certain companies or locations for
   22         specified services and products; authorizing certain
   23         persons to provide explanations of certain motor
   24         vehicle comprehensive coverage benefits; requiring
   25         certain persons to provide specified discounts to
   26         insureds under certain circumstances; providing
   27         construction; providing applicability; providing an
   28         effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Present subsections (1) through (5), (6), and
   33  (7) of section 559.903, Florida Statutes, are redesignated as
   34  subsections (2) through (6), (8), and (9), respectively, a new
   35  subsection (1) is added to that section, and present subsection
   36  (8) of that section is amended, to read:
   37         559.903 Definitions.—As used in this act:
   38         (1)“Advanced driver assistance system” means any motor
   39  vehicle electronic safety system that is associated with motor
   40  vehicle glass and is designed to support the driver and motor
   41  vehicle in a manner intended to increase motor vehicle safety
   42  and reduce losses associated with motor vehicle crashes.
   43         (7)(8) “Motor vehicle repair” means all maintenance of and
   44  modifications and repairs to motor vehicles, and diagnostic work
   45  incident thereto, including, but not limited to, the rebuilding
   46  or restoring of rebuilt vehicles, body work, painting, warranty
   47  work, calibration or recalibration of advanced driver assistance
   48  systems, and other work customarily undertaken by motor vehicle
   49  repair shops.
   50         Section 2. Section 559.920, Florida Statutes, is amended to
   51  read:
   52         559.920 Unlawful acts and practices.—It is shall be a
   53  violation of this act for any motor vehicle repair shop or
   54  employee thereof to do any of the following:
   55         (1) Engage or attempt to engage in repair work for
   56  compensation of any type without first being registered with or
   57  having submitted an affidavit of exemption to the department.;
   58         (2) Make or charge for repairs that which have not been
   59  expressly or impliedly authorized by the customer.;
   60         (3) Misrepresent that repairs have been made to a motor
   61  vehicle.;
   62         (4) Misrepresent that certain parts and repairs are
   63  necessary to repair a vehicle.;
   64         (5) Misrepresent that the vehicle being inspected or
   65  diagnosed is in a dangerous condition or that the customer’s
   66  continued use of the vehicle may be harmful or cause great
   67  damage to the vehicle.;
   68         (6) Fraudulently alter any customer contract, estimate,
   69  invoice, or other document.;
   70         (7) Fraudulently misuse any customer’s credit card.;
   71         (8) Make or authorize in any manner or by any means
   72  whatever any written or oral statement that which is untrue,
   73  deceptive, or misleading, and that which is known, or that which
   74  by the exercise of reasonable care should be known, to be
   75  untrue, deceptive, or misleading.;
   76         (9) Make false promises of a character likely to influence,
   77  persuade, or induce a customer to authorize the repair, service,
   78  or maintenance of a motor vehicle.;
   79         (10) Substitute used, rebuilt, salvaged, or straightened
   80  parts for new replacement parts without notice to the motor
   81  vehicle owner and to her or his insurer if the cost of repair is
   82  to be paid pursuant to an insurance policy and the identity of
   83  the insurer or its claims adjuster is disclosed to the motor
   84  vehicle repair shop.;
   85         (11) Cause or allow a customer to sign any work order that
   86  does not state the repairs requested by the customer or the
   87  automobile’s odometer reading at the time of repair.;
   88         (12) Fail or refuse to give to a customer a copy of any
   89  document requiring the customer’s signature upon completion or
   90  cancellation of the repair work.;
   91         (13) Willfully depart from or disregard accepted practices
   92  and professional standards.;
   93         (14) Have repair work subcontracted without the knowledge
   94  or consent of the customer unless the motor vehicle repair shop
   95  or employee thereof demonstrates that the customer could not
   96  reasonably have been notified.;
   97         (15) Conduct the business of motor vehicle repair in a
   98  location other than that stated on the registration
   99  certificate.;
  100         (16) Rebuild or restore a rebuilt vehicle without the
  101  knowledge of the owner in such a manner that it does not conform
  102  to the original vehicle manufacturer’s established repair
  103  procedures or specifications and allowable tolerances for the
  104  particular model and year.; or
  105         (17) Offer to a customer a rebate, gift, gift card, cash,
  106  coupon, or any other thing of value in exchange for making an
  107  insurance claim for motor vehicle glass replacement or repair,
  108  including, but not limited to, calibration or recalibration of
  109  an advanced driver assistance system. A nonemployee who is
  110  compensated for the solicitation of insurance claims is also
  111  prohibited from making such offer.
  112         (18)Fail to provide electronic notice or written notice in
  113  at least 12-point type to the customer whether the calibration
  114  or recalibration of the advanced driver assistance system is
  115  required as part of the replacement or repair of motor vehicle
  116  glass to make such system operable and to ensure such service is
  117  performed in a manner that meets or exceeds the vehicle
  118  manufacturer’s specifications.
  119         (20) Perform any other act that is a violation of this part
  120  or that constitutes fraud or misrepresentation.
  121         (19)(18) Violate any provision of s. 713.585.
  122         Section 3. Section 627.7289, Florida Statutes, is created
  123  to read:
  124         627.7289 Assignment of post-loss motor vehicle glass
  125  benefits prohibited.—
  126         (1)A policyholder or any other person may not enter into
  127  an assignment agreement of post-loss benefits for motor vehicle
  128  glass replacement or repair, including, but not limited to, for
  129  calibration or recalibration of advanced driver assistance
  130  systems as defined in s. 559.903, under a policy of motor
  131  vehicle insurance issued or renewed in this state by an
  132  authorized insurer on or after July 1, 2023. Any such assignment
  133  agreement entered into in violation of this subsection is void
  134  and unenforceable.
  135         (2)As used in this section, the term “assignment
  136  agreement” means any instrument, regardless of how such
  137  agreement is named or styled, by which post-loss benefits,
  138  including, but not limited to, claim payments, under a motor
  139  vehicle insurance policy are, in whole or in part, assigned or
  140  transferred to, or acquired in any manner by, a person providing
  141  services for motor vehicle glass replacement or repair,
  142  including, but not limited to, inspecting, protecting,
  143  repairing, restoring, or replacing the motor vehicle glass or
  144  calibrating or recalibrating advanced driver assistance systems.
  145         Section 4. Section 627.7291, Florida Statutes, is created
  146  to read:
  147         627.7291 Motor vehicle windshield claims and practices;
  148  steering prohibited; exceptions.—
  149         (1)A person, including an insurer, agent, adjuster, or any
  150  person or entity acting on the insurer’s, agent’s, or adjuster’s
  151  behalf, may not require a claimant to use a particular company
  152  or location for the provision of motor vehicle windshield glass
  153  replacement, repair, or calibration services or windshield glass
  154  products which are subject to a claim for replacement, repair,
  155  or calibration, in whole or in part, under the terms of a
  156  personal lines automobile insurance policy.
  157         (2)An insurer, agent, adjuster, or any person or entity
  158  acting on the insurer’s, agent’s, or adjuster’s behalf may
  159  provide an explanation of motor vehicle comprehensive coverage
  160  benefits and any applicable limit of liability to a claimant.
  161         (3)An insurer, or any person or entity acting on the
  162  insurer’s behalf, must provide an actuarially sound discount to
  163  the insured if they offer, and an insured accepts, a policy that
  164  contains a repair arrangement for the provision of windshield
  165  glass replacement, repair, or calibration services or windshield
  166  glass products.
  167         (4)This section may not be construed to create a private
  168  cause of action.
  169         (5)This section applies to motor vehicle windshield glass
  170  claims under the comprehensive or combined additional coverage
  171  provisions of a personal lines motor vehicle insurance policy.
  172         Section 5. This act shall take effect upon becoming a law.