Florida Senate - 2025                                      SB 92
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00316-25                                             202592__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle repair work;
    3         providing a short title; amending s. 559.905, F.S.;
    4         requiring a motor vehicle repair shop to request a
    5         written crash report from a customer under certain
    6         circumstances; requiring a motor vehicle repair shop
    7         to prepare a transaction form under certain
    8         circumstances; requiring the Department of Agriculture
    9         and Consumer Services to approve the design and format
   10         of the transaction form; specifying requirements for
   11         the transaction form; requiring a motor vehicle repair
   12         shop to record specified information on the
   13         transaction form; requiring a motor vehicle repair
   14         shop to maintain a copy of the transaction form for a
   15         specified timeframe; requiring a motor vehicle repair
   16         shop to deliver transaction forms to the appropriate
   17         law enforcement agency within a specified timeframe;
   18         providing an exception; authorizing a motor vehicle
   19         repair shop to use certain evidence in court under
   20         certain circumstances; requiring the electronic
   21         transfer of transaction forms to the appropriate law
   22         enforcement agency by a motor vehicle repair shop
   23         under certain circumstances; authorizing the
   24         appropriate law enforcement agency to provide certain
   25         equipment to a motor vehicle repair shop; specifying
   26         ownership and maintenance of such equipment;
   27         specifying that a motor vehicle repair shop is not
   28         required to deliver original or copies of transaction
   29         forms under certain circumstances; authorizing the
   30         appropriate law enforcement agency to request an
   31         original transaction form from a motor vehicle repair
   32         shop under certain circumstances; requiring a motor
   33         vehicle repair shop to respond to such request within
   34         a certain timeframe; providing criminal penalties;
   35         authorizing the department to revoke a motor vehicle
   36         repair shop’s registration under certain
   37         circumstances; revising the items required in a
   38         written repair estimate; making technical changes;
   39         amending s. 559.909, F.S.; conforming a cross
   40         reference; making technical changes; reenacting s.
   41         559.907(1)(b), F.S., relating to charges for motor
   42         vehicle repair estimate and requirement of waiver of
   43         rights prohibited, to incorporate the amendment made
   44         to s. 559.905, F.S., in a reference thereto; providing
   45         an effective date.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. This act may be cited as the “Lilly Glaubach
   50  Act.”
   51         Section 2. Section 559.905, Florida Statutes, is amended to
   52  read:
   53         559.905 Crash report or transaction form required for
   54  accident or collision repair work; written motor vehicle repair
   55  estimate; and disclosure statement required.—
   56         (1)(a)If a customer requests that a motor vehicle repair
   57  shop perform work to restore a motor vehicle damaged in an
   58  accident or a collision, and such work is estimated to cost
   59  $5,000 or more, the motor vehicle repair shop must, before
   60  preparing the written repair estimate required by subsection
   61  (2), request that the customer provide a written crash report as
   62  specified under s. 316.066.
   63         (b)If the customer does not provide a written crash
   64  report, the motor vehicle repair shop must prepare an accident
   65  or collision repair work transaction form before preparing the
   66  written repair estimate required by subsection (2). The
   67  Department of Agriculture and Consumer Services must approve the
   68  design and format of the transaction form, which must be 8 1/2
   69  inches by 11 inches in size and elicit the information required
   70  under this paragraph. In completing the transaction form, the
   71  motor vehicle repair shop shall record the following
   72  information, which must be typed or written indelibly and
   73  legibly in English:
   74         1.The name and address of the motor vehicle repair shop.
   75         2.The vehicle identification number, year, license tag
   76  number, make, model, and color of the damaged vehicle and the
   77  name, phone number, physical description, and address of the
   78  owner of the vehicle or the person in possession of the vehicle.
   79         3.A detailed description of the damage to the vehicle.
   80         (c)A motor vehicle repair shop shall maintain a copy of
   81  each completed transaction form on its premises for at least 1
   82  year after the date of the transaction. On or before the end of
   83  each business day, the motor vehicle repair shop shall deliver
   84  to the appropriate law enforcement agency the original
   85  transaction forms for each of the transactions occurring during
   86  the previous business day, unless other arrangements have been
   87  agreed upon between the motor vehicle repair shop and the
   88  appropriate law enforcement agency. If the original transaction
   89  form is lost or destroyed by the appropriate law enforcement
   90  agency, a copy may be used by the motor vehicle repair shop as
   91  evidence in court.
   92         (d)If the appropriate law enforcement agency supplies the
   93  necessary software and the motor vehicle repair shop has the
   94  computer capability, transaction forms must be electronically
   95  transferred. If a motor vehicle repair shop does not have the
   96  computer capability, the appropriate law enforcement agency may
   97  provide the motor vehicle repair shop with the necessary
   98  equipment for the purpose of electronically transferring
   99  accident or collision repair work transaction forms. The
  100  appropriate law enforcement agency shall retain ownership of the
  101  equipment, unless otherwise agreed upon. The motor vehicle
  102  repair shop shall maintain the equipment in good working order,
  103  ordinary wear and tear excepted. If a motor vehicle repair shop
  104  transfers accident or collision repair work transaction forms
  105  electronically, the motor vehicle repair shop is not required to
  106  also deliver to the appropriate law enforcement agency the
  107  original or copies of the transaction forms. The appropriate law
  108  enforcement agency may, for the purposes of a criminal
  109  investigation, request that the motor vehicle repair shop
  110  produce the original of a transaction form that has been
  111  electronically transferred. The motor vehicle repair shop shall
  112  deliver this form to the appropriate law enforcement agency
  113  within 24 hours after the request.
  114         (e)Any person who violates this subsection commits a
  115  misdemeanor of the second degree, punishable as provided in s.
  116  775.082 or s. 775.083. If the department finds a motor vehicle
  117  repair shop in violation of this subsection, it may revoke the
  118  motor vehicle repair shop’s registration under s. 559.904.
  119         (2) When any customer requests a motor vehicle repair shop
  120  to perform repair work on a motor vehicle, the cost of which
  121  repair work will exceed $150 to the customer, the shop shall
  122  prepare a written repair estimate, which is a form setting forth
  123  the estimated cost of repair work, including diagnostic work,
  124  before effecting any diagnostic work or repair. The written
  125  repair estimate must also include all of the following items:
  126         (a) The name, address, and telephone number of the motor
  127  vehicle repair shop.
  128         (b) The name, address, and telephone number of the
  129  customer.
  130         (c) The date and time of the written repair estimate.
  131         (d) The vehicle identification number, year, make, model,
  132  odometer reading, and license tag number of the motor vehicle.
  133         (e) The proposed work completion date.
  134         (f) A general description of the customer’s problem or
  135  request for repair work or service relating to the motor
  136  vehicle.
  137         (g) A statement as to whether the customer is being charged
  138  according to a flat rate or an hourly rate, or both.
  139         (h) The estimated cost of repair which must include any
  140  charge for shop supplies or for hazardous or other waste removal
  141  and, if a charge is included, the estimate must include the
  142  following statement:
  143  
  144         This charge represents costs and profits to the motor
  145         vehicle repair facility for miscellaneous shop
  146         supplies or waste disposal.
  147  
  148  If a charge is mandated by state or federal law, the estimate
  149  must contain a statement identifying the law and the specific
  150  amount charged under the law.
  151         (i) The charge for making a repair price estimate or, if
  152  the charge cannot be predetermined, the basis on which the
  153  charge will be calculated.
  154         (j) The customer’s intended method of payment.
  155         (k) The name and telephone number of another person who may
  156  authorize repair work, if the customer desires to designate such
  157  person.
  158         (l) A statement indicating what, if anything, is guaranteed
  159  in connection with the repair work and the time and mileage
  160  period for which the guarantee is effective.
  161         (m) A statement allowing the customer to indicate whether
  162  replaced parts should be saved for inspection or return.
  163         (n) A statement indicating the daily charge for storing the
  164  customer’s motor vehicle after the customer has been notified
  165  that the repair work has been completed. However, storage
  166  charges may not accrue or be due and payable for a period of 3
  167  working days from the date after such notification.
  168         (3)(2) If the cost of repair work will exceed $150, the
  169  shop must present to the customer a written notice conspicuously
  170  disclosing, in a separate, blocked section, only the following
  171  statement, in capital letters of at least 12-point type:
  172  
  173  PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND
  174  SIGN:
  175         I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A
  176  WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $150.
  177  
  178         .... I REQUEST A WRITTEN ESTIMATE.
  179  
  180         .... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE
  181  REPAIR COSTS DO NOT EXCEED $..... THE SHOP MAY NOT EXCEED THIS
  182  AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL.
  183  
  184         .... I DO NOT REQUEST A WRITTEN ESTIMATE.
  185  
  186  SIGNED ............DATE ............
  187  
  188         (4)(3) The information required by paragraphs (2)(h) and
  189  (i) (1)(h) and (i) need not be provided if the customer waives
  190  in writing her or his right to receive a written estimate.
  191         (5)(4) Except as provided in subsection (6) (5), a copy of
  192  the written repair estimate required by subsection (2) (1) and
  193  the disclosure statement required by subsection (3) must (2)
  194  shall be given to the customer before repair work commences is
  195  begun. The disclosure statement may be provided on the same form
  196  as the written repair estimate.
  197         (6)(5) If the customer leaves her or his motor vehicle at a
  198  motor vehicle repair shop during hours when the shop is not open
  199  or if the customer permits the shop or another person to deliver
  200  the motor vehicle to the shop, there is shall be an implied
  201  partial waiver of the written estimate; however, upon completion
  202  of diagnostic work necessary to estimate the cost of repair, the
  203  shop shall notify the customer as required in s. 559.909(1).
  204         (7)(6)Nothing in This section may not shall be construed
  205  to require a motor vehicle repair shop to give a written
  206  estimated price if the motor vehicle repair shop does not agree
  207  to perform the requested repair.
  208         Section 3. Subsection (1) of section 559.909, Florida
  209  Statutes, is amended to read:
  210         559.909 Notification of charges in excess of repair
  211  estimate; unlawful charges; refusal to return vehicle
  212  prohibited; inspection of parts.—
  213         (1) In the event that:
  214         (a) The written repair estimate contains only an estimate
  215  for diagnostic work necessary to estimate the cost of repair and
  216  such diagnostic work has been completed;
  217         (b) A determination is made by a motor vehicle repair shop
  218  that the actual charges for the repair work will exceed the
  219  written estimate by more than $10 or 10 percent, whichever is
  220  greater, but not to exceed $50; or
  221         (c) An implied partial waiver exists for diagnostic work,
  222  as described in s. 559.905(6) s. 559.905(5), and such diagnostic
  223  work has been completed,
  224  
  225  the customer must shall be promptly notified by the motor
  226  vehicle repair shop by telephone, telegraph, mail, or other
  227  means of the additional repair work and estimated cost thereof.
  228  A customer so notified shall, orally or in writing, authorize,
  229  modify, or cancel the order for repair.
  230         Section 4. For the purpose of incorporating the amendment
  231  made by this act to section 559.905, Florida Statutes, in a
  232  reference thereto, paragraph (b) of subsection (1) of section
  233  559.907, Florida Statutes, is reenacted to read:
  234         559.907 Charges for motor vehicle repair estimate;
  235  requirement of waiver of rights prohibited.—
  236         (1) No motor vehicle repair shop shall charge for making a
  237  repair price estimate unless, prior to making the price
  238  estimate, the shop:
  239         (b) Obtains authorization on the written repair estimate,
  240  in accordance with s. 559.905, to prepare an estimate. No motor
  241  vehicle repair shop shall impose or threaten to impose any such
  242  charge which is clearly excessive in relation to the work
  243  involved in making the price estimate.
  244         Section 5. This act shall take effect July 1, 2025.