PCS for HB 541 (2023): An act relating to motor vehicle glass
Summary
This is the proposed committee substitute (PCS) for HB 541, 2023, an act relating to motor vehicle glass. It would define the term "advanced driver assistance system" and make it unlawful for a repair shop or employee to offer a customer a rebate, gift, gift card, cash, coupon, or other thing of value in exchange for an insurance claim for glass replacement or repair. It would also make it unlawful to fail to give electronic or written notice on whether calibration or recalibration of the system is required. Section 627.7288 would let an insurer offer a $250 deductible for windshield damage, which the insured or applicant may decline. A new section 627.7289 would make assignment agreements of post-loss glass benefits void and unenforceable for policies issued or renewed on or after July 1, 2023.
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“PCS for HB 541 (2023): An act relating to motor vehicle glass.”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3228-insurance-banking-subcommittee-proposed-committee-bills-pcbs-fe7a3c1544/
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 541 2023
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 amending s. 627.7288, F.S.; allowing an optional
15 deductible for windshield glass; specifying deductible
16 amount; limiting deductible application; creating s.
17 627.7289, F.S.; prohibiting persons from entering into
18 assignment agreements of post-loss benefits for motor
19 vehicle glass replacement or repair after a specified
20 date; providing that such assignment agreements are
21 void and unenforceable; defining the term "assignment
22 agreement"; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
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PCS for HB 541
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 541 2023
26 Section 1. Present subsections (1) through (5), (6), and
27 (7) of section 559.903, Florida Statutes, are redesignated as
28 subsections (2) through (6), (8), and (9), respectively, a new
29 subsection (1) is added to that section, and present subsection
30 (8) of that section is amended, to read:
31 559.903 Definitions.—As used in this act:
32 (1) "Advanced driver assistance system" means any motor
33 vehicle electronic safety system that is associated with mot or
34 vehicle glass and is designed to support the driver and motor
35 vehicle in a manner intended to increase motor vehicle safety
36 and reduce losses associated with motor vehicle crashes.
37 (7)(8) "Motor vehicle repair" means all maintenance of and
38 modifications and repairs to motor vehicles, and diagnostic work
39 incident thereto, including, but not limited to, the rebuilding
40 or restoring of rebuilt vehicles, body work, painting, warranty
41 work, calibration or recalibration of advanced driver assistance
42 systems, and other work customarily undertaken by motor vehicle
43 repair shops.
44 Section 2. Section 2. Section 559.920, Florida Statutes,
45 is amended to read:
46 559.920 Unlawful acts and practices.—It is shall be a
47 violation of this act for any motor vehicle repair shop or
48 employee thereof to do any of the following:
49 (1) Engage or attempt to engage in repair work for
50 compensation of any type without first being registered with or
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PCS for HB 541
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PCS for HB 541 2023
51 having submitted an affidavit of exemption to the department .;
52 (2) Make or charge for repairs that which have not been
53 expressly or impliedly authorized by the customer.; (3)
54 Misrepresent that repairs have been made to a motor vehicle.;
55 (4) Misrepresent that certain parts and repairs are
56 necessary to repair a vehicle.;
57 (5) Misrepresent that the vehicle being inspected or
58 diagnosed is in a dangerous condition or that the customer's
59 continued use of the vehicle may be harmful or cause great
60 damage to the vehicle.;
61 (6) Fraudulently alter any customer contract, estimate,
62 invoice, or other document.;
63 (7) Fraudulently misuse any customer's credit card .;
64 (8) Make or authorize in any manner or by any means
65 whatever any written or oral statement that which is untrue,
66 deceptive, or misleading, and that which is known, or that which
67 by the exercise of reasonable care should be known, to be
68 untrue, deceptive, or misleading.;
69 (9) Make false promises of a character likely to
70 influence, persuade, or induce a customer to authorize the
71 repair, service, or maintenance of a motor vehicle.;
72 (10) Substitute used, rebuilt, salvaged, or straightened
73 parts for new replacement parts without notice to the motor
74 vehicle owner and to her or his insurer if the cost of repair is
75 to be paid pursuant to an insurance policy and the identity of
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PCS for HB 541
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PCS for HB 541 2023
76 the insurer or its claims adjuster is disclosed to the motor
77 vehicle repair shop.;
78 (11) Cause or allow a customer to sign any work order that
79 does not state the repairs requested by the customer or the
80 automobile's odometer reading at the time of repair .;
81 (12) Fail or refuse to give to a customer a copy of any
82 document requiring the customer's signature upon completion or
83 cancellation of the repair work.;
84 (13) Willfully depart from or disregard accepted practices
85 and professional standards.;
86 (14) Have repair work subcontracted without the knowledge
87 or consent of the customer unless the motor vehicle repair shop
88 or employee thereof demonstrates that the customer could not
89 reasonably have been notified.;
90 (15) Conduct the business of motor vehicle repair in a
91 location other than that stated on the registration
92 certificate.;
93 (16) Rebuild or restore a rebuilt vehicle without the
94 knowledge of the owner in such a manner that it does not conform
95 to the original vehicle manufacturer's established repair
96 procedures or specifications and allowable tolerances for the
97 particular model and year.; or
98 (17) Offer to a customer a rebate, gift, gift card, cash,
99 coupon, or any other thing of value in exchange for making an
100 insurance claim for motor vehicle glass replacement or repair,
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PCS for HB 541
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PCS for HB 541 2023
101 including, but not limited to, calibration or recalibration of
102 an advanced driver assistance system. A nonemployee who is
103 compensated for the solicitation of insurance claims is also
104 prohibited from making such offer.
105 (18) Fail to provide electronic notice or written notice
106 in at least 12-point type to the customer whether the
107 calibration or recalibration of the advanced driver assistance
108 system is required as part of the replacement or repair of motor
109 vehicle glass to make such system operable and to ensure such
110 service is performed in a manner that meets or exceeds the
111 vehicle manufacturer's specifications.
112 (20) Perform any other act that is a violation of this
113 part or that constitutes fraud or misrepresentation.
114 (19)(18) Violate any provision of s. 713.585.
115 Section 3. Section 627.7288, Florida Statutes, is amended
116 to read:
117 627.7288 Comprehensive coverage; deductible not to apply
118 to motor vehicle windshield glass; exceptions.—
119 (1) Except as otherwise provided in this section, the
120 deductible provisions of any policy of motor vehicle insurance,
121 delivered or issued in this state by an authorized insurer,
122 providing comprehensive coverage or combined additional coverage
123 shall not be applicable to damage to the windshield of any motor
124 vehicle covered under such policy.
125 (2) An insurer may offer to an insured or applicant, upon
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PCS for HB 541 2023
126 the issuance or renewal of a policy providing comprehensive
127 coverage or combined additional coverage, a deductible of $250
128 for claims of damage to the windshield of any motor vehicle
129 covered under such policy. The insured or applicant may decline
130 the offer of a deductible.
131 (3) If a deductible for comprehensive coverage or combined
132 additional coverage is applied to a loss that includes damage in
133 addition to windshield damage, no deductible under section this
134 may apply.
135 Section 4. Section 627.7289, Florida Statutes, is created
136 to read:
137 627.7289 Assignment of post-loss motor vehicle glass
138 benefits prohibited.—
139 (1) A policyholder or any other person may not enter into
140 an assignment agreement of post-loss benefits for motor vehicle
141 glass replacement or repair, including, but not limited to, for
142 calibration or recalibration of advanced driver assistance
143 systems as defined in s. 559.903, under a policy of motor
144 vehicle insurance issued or renewed in this state by an
145 authorized insurer on or after July 1, 2023. Any such assignment
146 agreement entered into in violation of this subsection is void
147 and unenforceable.
148 (2) As used in this section, the term "assignment
149 agreement" means any instrument, regardless of how such
150 agreement is named or styled, by which post-loss benefits,
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PCS for HB 541
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 541 2023
151 including, but not limited to, claim payments, under a motor
152 vehicle insurance policy are, in whole or in part, assigned or
153 transferred to, or acquired in any manner by, a person providing
154 services for motor vehicle glass replacement or repair,
155 including, but not limited to, inspecting, protecting,
156 repairing, restoring, or replacing the motor vehicle glass or
157 calibrating or recalibrating advanced driver assistance systems.
158 Section 5. This act shall take effect July 1, 2023.
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PCS for HB 541
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