Florida Senate - 2025                        CS for CS for SB 92
       
       
        
       By the Appropriations Committee on Agriculture, Environment, and
       General Government; the Committee on Commerce and Tourism; and
       Senators Gruters and Grall
       
       
       
       601-02552-25                                            202592c2
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle safety; providing a
    3         short title; amending s. 316.605, F.S.; requiring that
    4         every vehicle required to be licensed in this state
    5         display a license plate on the rear and the front of
    6         the vehicle; amending s. 559.905, F.S.; requiring a
    7         motor vehicle repair shop to request a written crash
    8         report from a customer under certain circumstances;
    9         requiring a motor vehicle repair shop or the vendor
   10         that processes repair estimates for the motor vehicle
   11         repair shop to transmit a copy of the finalized repair
   12         estimate within a specified timeframe to a database to
   13         be established and maintained by the Department of Law
   14         Enforcement, if a customer does not provide a written
   15         crash report; authorizing the department to revoke a
   16         motor vehicle repair shop’s registration under certain
   17         circumstances; revising the items required in a
   18         written repair estimate; making technical changes;
   19         amending s. 559.909, F.S.; conforming a cross
   20         reference; making technical changes; reenacting ss.
   21         316.2128(2), 316.545(3)(e), 320.0655(1) and (2),
   22         320.0659(1), and 320.0706, F.S., relating to
   23         micromobility devices, motorized scooters, and
   24         miniature motorcycles requirements; noncompliance of
   25         vehicles from nonmember International Registration
   26         Plan jurisdictions; permanent license plates for
   27         governmental entities and volunteer fire departments;
   28         permanent registration of trailers for hire and
   29         semitrailers; and display of license plates on trucks,
   30         respectively, to incorporate the amendment made to s.
   31         316.605, F.S., in references thereto; reenacting s.
   32         559.907(1)(b), F.S., relating to charges for motor
   33         vehicle repair estimate and requirement of waiver of
   34         rights prohibited, to incorporate the amendment made
   35         to s. 559.905, F.S., in a reference thereto; providing
   36         effective dates.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. This act may be cited as the “Lilly Glaubach
   41  Act.”
   42         Section 2. Effective January 1, 2026, subsection (1) of
   43  section 316.605, Florida Statutes, is amended to read:
   44         316.605 Licensing of vehicles.—
   45         (1) Every vehicle, at all times while driven, stopped, or
   46  parked upon any highways, roads, or streets of this state, must
   47  shall be licensed in the name of the owner thereof in accordance
   48  with the laws of this state unless such vehicle is not required
   49  by the laws of this state to be licensed in this state and must
   50  shall, except as otherwise provided in s. 320.0706 for front-end
   51  registration license plates on truck tractors and s. 320.086(5)
   52  which exempts display of license plates on described former
   53  military vehicles, display a the license plate on the rear and
   54  the front of the vehicle or both of the license plates assigned
   55  to it by the state, one on the rear and, if two, the other on
   56  the front of the vehicle, each to be securely fastened to the
   57  vehicle outside the main body of the vehicle not higher than 60
   58  inches and not lower than 12 inches from the ground and no more
   59  than 24 inches to the left or right of the centerline of the
   60  vehicle, and in such manner as to prevent the plates from
   61  swinging, and all letters, numerals, printing, writing, the
   62  registration decal, and the alphanumeric designation must shall
   63  be clear and distinct and free from defacement, mutilation,
   64  grease, and other obscuring matter, so that they will be plainly
   65  visible and legible at all times 100 feet from the rear or
   66  front. Except as provided in s. 316.2085(3), vehicle license
   67  plates must shall be affixed and displayed in such a manner that
   68  the letters and numerals may shall be read from left to right
   69  parallel to the ground. No vehicle license plate may be
   70  displayed in an inverted or reversed position or in such a
   71  manner that the letters and numbers and their proper sequence
   72  are not readily identifiable. Nothing may shall be placed upon
   73  the face of a Florida plate except as permitted by law or by
   74  rule or regulation of a governmental agency. No License plates
   75  other than those furnished by the state may not shall be used.
   76  However, if the vehicle is not required to be licensed in this
   77  state, the license plates on such vehicle issued by another
   78  state, by a territory, possession, or district of the United
   79  States, or by a foreign country, substantially complying with
   80  this section the provisions hereof, shall be considered as
   81  complying with this chapter. A violation of this subsection is a
   82  noncriminal traffic infraction, punishable as a nonmoving
   83  violation as provided in chapter 318.
   84         Section 3. Section 559.905, Florida Statutes, is amended to
   85  read:
   86         559.905 Crash report required for accident or collision
   87  repair work; written motor vehicle repair estimate; and
   88  disclosure statement required.—
   89         (1)(a)If a customer requests that a motor vehicle repair
   90  shop perform work to restore a motor vehicle damaged in an
   91  accident or a collision, and such work is estimated to cost
   92  $2,500 or more, the motor vehicle repair shop must, after
   93  preparing the written repair estimate required by subsection
   94  (2), request that the customer provide a written crash report as
   95  specified under s. 316.066.
   96         (b)If a customer does not provide a written crash report,
   97  the motor vehicle repair shop or the vendor that processes
   98  repair estimates for the motor vehicle repair shop must, within
   99  3 business days after finalizing the repair estimate, transmit a
  100  copy of the repair estimate to a database to be established and
  101  maintained by the Department of Law Enforcement.
  102         (c) If the department finds a motor vehicle repair shop in
  103  violation of this subsection, it may revoke the motor vehicle
  104  repair shop’s registration under s. 559.904.
  105         (2) When any customer requests a motor vehicle repair shop
  106  to perform repair work on a motor vehicle, the cost of which
  107  repair work will exceed $150 to the customer, the shop shall
  108  prepare a written repair estimate, which is a form setting forth
  109  the estimated cost of repair work, including diagnostic work,
  110  before effecting any diagnostic work or repair. The written
  111  repair estimate must also include all of the following items:
  112         (a) The name, address, and telephone number of the motor
  113  vehicle repair shop.
  114         (b) The name, address, and telephone number of the
  115  customer.
  116         (c) The date and time of the written repair estimate.
  117         (d) The vehicle identification number, year, make, model,
  118  odometer reading, and license tag number of the motor vehicle.
  119         (e) The proposed work completion date.
  120         (f) A general description of the customer’s problem or
  121  request for repair work or service relating to the motor
  122  vehicle.
  123         (g) A statement as to whether the customer is being charged
  124  according to a flat rate or an hourly rate, or both.
  125         (h) The estimated cost of repair which must include any
  126  charge for shop supplies or for hazardous or other waste removal
  127  and, if a charge is included, the estimate must include the
  128  following statement:
  129  
  130         This charge represents costs and profits to the motor
  131         vehicle repair facility for miscellaneous shop
  132         supplies or waste disposal.
  133  
  134  If a charge is mandated by state or federal law, the estimate
  135  must contain a statement identifying the law and the specific
  136  amount charged under the law.
  137         (i) The charge for making a repair price estimate or, if
  138  the charge cannot be predetermined, the basis on which the
  139  charge will be calculated.
  140         (j) The customer’s intended method of payment.
  141         (k) The name and telephone number of another person who may
  142  authorize repair work, if the customer desires to designate such
  143  person.
  144         (l) A statement indicating what, if anything, is guaranteed
  145  in connection with the repair work and the time and mileage
  146  period for which the guarantee is effective.
  147         (m) A statement allowing the customer to indicate whether
  148  replaced parts should be saved for inspection or return.
  149         (n) A statement indicating the daily charge for storing the
  150  customer’s motor vehicle after the customer has been notified
  151  that the repair work has been completed. However, storage
  152  charges may not accrue or be due and payable for a period of 3
  153  working days from the date after such notification.
  154         (3)(2) If the cost of repair work will exceed $150, the
  155  shop must present to the customer a written notice conspicuously
  156  disclosing, in a separate, blocked section, only the following
  157  statement, in capital letters of at least 12-point type:
  158  
  159  PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND
  160  SIGN:
  161         I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A
  162  WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $150.
  163  
  164         .... I REQUEST A WRITTEN ESTIMATE.
  165  
  166         .... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE
  167  REPAIR COSTS DO NOT EXCEED $..... THE SHOP MAY NOT EXCEED THIS
  168  AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL.
  169  
  170         .... I DO NOT REQUEST A WRITTEN ESTIMATE.
  171  
  172  SIGNED ............DATE ............
  173  
  174         (4)(3) The information required by paragraphs (2)(h) and
  175  (i) (1)(h) and (i) need not be provided if the customer waives
  176  in writing her or his right to receive a written estimate.
  177         (5)(4) Except as provided in subsection (6) (5), a copy of
  178  the written repair estimate required by subsection (2) (1) and
  179  the disclosure statement required by subsection (3) must (2)
  180  shall be given to the customer before repair work commences is
  181  begun. The disclosure statement may be provided on the same form
  182  as the written repair estimate.
  183         (6)(5) If the customer leaves her or his motor vehicle at a
  184  motor vehicle repair shop during hours when the shop is not open
  185  or if the customer permits the shop or another person to deliver
  186  the motor vehicle to the shop, there is shall be an implied
  187  partial waiver of the written estimate; however, upon completion
  188  of diagnostic work necessary to estimate the cost of repair, the
  189  shop shall notify the customer as required in s. 559.909(1).
  190         (7)(6)Nothing in This section may not shall be construed
  191  to require a motor vehicle repair shop to give a written
  192  estimated price if the motor vehicle repair shop does not agree
  193  to perform the requested repair.
  194         Section 4. Subsection (1) of section 559.909, Florida
  195  Statutes, is amended to read:
  196         559.909 Notification of charges in excess of repair
  197  estimate; unlawful charges; refusal to return vehicle
  198  prohibited; inspection of parts.—
  199         (1) In the event that:
  200         (a) The written repair estimate contains only an estimate
  201  for diagnostic work necessary to estimate the cost of repair and
  202  such diagnostic work has been completed;
  203         (b) A determination is made by a motor vehicle repair shop
  204  that the actual charges for the repair work will exceed the
  205  written estimate by more than $10 or 10 percent, whichever is
  206  greater, but not to exceed $50; or
  207         (c) An implied partial waiver exists for diagnostic work,
  208  as described in s. 559.905(6) s. 559.905(5), and such diagnostic
  209  work has been completed, the customer must shall be promptly
  210  notified by the motor vehicle repair shop by telephone,
  211  telegraph, mail, or other means of the additional repair work
  212  and estimated cost thereof. A customer so notified shall, orally
  213  or in writing, authorize, modify, or cancel the order for
  214  repair.
  215         Section 5. Effective January 1, 2026, for the purpose of
  216  incorporating the amendment made by this act to section 316.605,
  217  Florida Statutes, in a reference thereto, subsection (2) of
  218  section 316.2128, Florida Statutes, is reenacted to read:
  219         316.2128 Micromobility devices, motorized scooters, and
  220  miniature motorcycles; requirements.—
  221         (2) A motorized scooter or micromobility device is not
  222  required to satisfy the registration and insurance requirements
  223  of s. 320.02 or the licensing requirements of s. 316.605.
  224         Section 6. Effective January 1, 2026, for the purpose of
  225  incorporating the amendment made by this act to section 316.605,
  226  Florida Statutes, in a reference thereto, paragraph (e) of
  227  subsection (3) of section 316.545, Florida Statutes, is
  228  reenacted to read:
  229         316.545 Weight and load unlawful; special fuel and motor
  230  fuel tax enforcement; inspection; penalty; review.—
  231         (3)
  232         (e) A vehicle operating on the highways of this state from
  233  a nonmember International Registration Plan jurisdiction which
  234  is not in compliance with s. 316.605 is subject to the penalties
  235  provided in this section.
  236         Section 7. Effective January 1, 2026, for the purpose of
  237  incorporating the amendment made by this act to section 316.605,
  238  Florida Statutes, in references thereto, subsections (1) and (2)
  239  of section 320.0655, Florida Statutes, are reenacted to read:
  240         320.0655 Permanent license plates for governmental entities
  241  and volunteer fire departments.—
  242         (1) A permanent license plate shall be issued for any motor
  243  vehicle owned or exclusively operated by the state or by any
  244  county, municipality, or other governmental entity. All such
  245  license plates shall be of a distinctive color, different from
  246  that of plates issued under s. 320.06. Such plate shall be
  247  displayed as required by s. 316.605 and shall be removed upon
  248  the sale of the vehicle or when the vehicle otherwise becomes
  249  ineligible for the permanent plate. If it has become lost,
  250  mutilated, or destroyed, the plate may be replaced as provided
  251  by s. 320.0607. The use of such plate on any vehicle other than
  252  one authorized in this subsection is prohibited, except as
  253  approved by the department. However, such plate may be used on a
  254  vehicle loaned, rented, or leased to a district school board for
  255  the purpose of providing driver education training.
  256         (2) A permanent license plate shall be issued for any motor
  257  vehicle owned and exclusively operated by a volunteer fire
  258  department, which plate shall be of a distinctive color. The
  259  plate shall be displayed as required by s. 316.605 and shall be
  260  removed upon sale of the vehicle or when the vehicle otherwise
  261  becomes ineligible for the permanent plate. If it has become
  262  lost, mutilated, or destroyed, the plate may be replaced as
  263  provided by s. 320.0607. The use of such plate on any vehicle
  264  other than one authorized in this subsection is prohibited,
  265  except as approved by the department.
  266         Section 8. Effective January 1, 2026, for the purpose of
  267  incorporating the amendment made by this act to section 316.605,
  268  Florida Statutes, in a reference thereto, subsection (1) of
  269  section 320.0659, Florida Statutes, is reenacted to read:
  270         320.0659 Permanent registration of trailer for hire and
  271  semitrailers.—
  272         (1) A permanent license plate may be issued for any
  273  semitrailer classified under s. 320.08(5)(a)2. All such license
  274  plates shall be of a distinctive color, and shall be imprinted
  275  with the words “Permanent Trl” at the bottom. Such plates shall
  276  be displayed as required by s. 316.605 and shall be removed upon
  277  the sale of the vehicle or upon the vehicle’s being removed from
  278  service. If the plate is lost, mutilated, or destroyed, the
  279  plate may be replaced as provided by s. 320.0607. The use of
  280  such plate on any vehicle other than the one to which it is
  281  issued is prohibited. No refunds shall be issued for this plate.
  282         Section 9. Effective January 1, 2026, for the purpose of
  283  incorporating the amendment made by this act to section 316.605,
  284  Florida Statutes, in a reference thereto, section 320.0706,
  285  Florida Statutes, is reenacted to read:
  286         320.0706 Display of license plates on trucks.—The owner of
  287  any commercial truck of gross vehicle weight of 26,001 pounds or
  288  more shall display the registration license plate on both the
  289  front and rear of the truck in conformance with all the
  290  requirements of s. 316.605 that do not conflict with this
  291  section. The owner of a dump truck may place the rear license
  292  plate on the gate no higher than 60 inches to allow for better
  293  visibility. However, the owner of a truck tractor shall be
  294  required to display the registration license plate only on the
  295  front of such vehicle. A violation of this section is a
  296  noncriminal traffic infraction, punishable as a moving violation
  297  as provided in chapter 318.
  298         Section 10. For the purpose of incorporating the amendment
  299  made by this act to section 559.905, Florida Statutes, in a
  300  reference thereto, paragraph (b) of subsection (1) of section
  301  559.907, Florida Statutes, is reenacted to read:
  302         559.907 Charges for motor vehicle repair estimate;
  303  requirement of waiver of rights prohibited.—
  304         (1) No motor vehicle repair shop shall charge for making a
  305  repair price estimate unless, prior to making the price
  306  estimate, the shop:
  307         (b) Obtains authorization on the written repair estimate,
  308  in accordance with s. 559.905, to prepare an estimate. No motor
  309  vehicle repair shop shall impose or threaten to impose any such
  310  charge which is clearly excessive in relation to the work
  311  involved in making the price estimate.
  312         Section 11. Except as otherwise expressly provided in this
  313  act, this act shall take effect July 1, 2025.