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1 A bill to be entitled
2 An act relating to motor vehicle repair work; providing
3 a short title; amending s. 559.905, F.S.; requiring a
4 motor vehicle repair shop to request a written crash
5 report from a customer under certain circumstances;
6 requiring a motor vehicle repair shop to prepare a
7 transaction form under certain circumstances; requiring
8 the Department of Agriculture and Consumer Services to
9 approve such form; specifying requirements for such
10 form; requiring a motor vehicle repair shop to maintain
11 copies of the transaction form for a specified time;
12 requiring the motor vehicle repair shop to deliver
13 transaction forms to law enforcement by a certain time;
14 authorizing a motor vehicle repair shop to use certain
15 evidence in court; authorizing the electronic transfer
16 of transaction forms to law enforcement by the motor
17 vehicle repair shop; authorizing law enforcement to
18 provide certain equipment to the motor vehicle repair
19 shop; specifying ownership and maintenance of the such
20 equipment; specifying that the motor vehicle repair
21 shop is not required to deliver transaction forms under
22 certain circumstances; authorizing law enforcement to
23 request an original transaction form from the motor
24 vehicle repair shop under certain circumstances;
25 requiring the motor vehicle repair shop to respond to
26 such request in a certain timeframe; making technical
27 changes; amending s. 559.909, F.S.; conforming a cross-
28 reference; making technical changes; providing an
29 effective date.

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31 Be It Enacted by the Legislature of the State of Florida:
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33 Section 1.  This act may be cited as the “Lilly Glaubach
34 Act.”
35 Section 2.  Section 559.905, Florida Statutes, is amended to
36 read:
37 559.905  Crash report or transaction form required for
38 accident or collision repair work; written motor vehicle repair
39 estimate; and disclosure statement required.—
40 (1)(a)  If a customer requests a motor vehicle repair shop
41 to perform work to restore a motor vehicle damaged in an accident
42 or a collision, the motor vehicle repair shop must, before
43 preparing a written repair estimate required by subsection (2),
44 request that the customer provide a written crash report as
45 specified under s. 316.066.
46 (b)  If the customer does not provide a written crash report
47 to the motor vehicle repair shop, the motor vehicle repair shop
48 must prepare an accident or collision repair work transaction
49 form before preparing a written estimate required by subsection
50 (2). The Department of Agriculture and Consumer Services shall
51 approve the design and format of the transaction form, which must
52 be 8 1/2 inches x 11 inches in size and elicit the information
53 required under this paragraph. In completing the transaction
54 form, the motor vehicle repair shop shall record the following
55 information, which must be typed or written indelibly and legibly
56 in English:
57 1.  The name and address of the motor repair shop.
58 2.  The year, license tag number, make, model, and color of

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59 the damaged vehicle and the name, phone number, physical
60 description, and address of the owner of the vehicle or the
61 person in possession of the vehicle.
62 3.  A description of the damage to the vehicle.
63 (c)  A motor vehicle repair shop shall maintain a copy of
64 each completed transaction form on the premises of the motor
65 vehicle repair shop for at least 1 year after the date of the
66 transaction. On or before the end of each business day, the motor
67 vehicle repair shop shall deliver to the appropriate law
68 enforcement official the original transaction forms for each of
69 the transactions occurring during the previous business day,
70 unless other arrangements have been agreed upon between the motor
71 vehicle repair shop and the appropriate law enforcement official.
72 If the original transaction form is lost or destroyed by the
73 appropriate law enforcement official, a copy may be used by the
74 motor vehicle repair shop as evidence in court.
75 (d)  If the appropriate law enforcement agency supplies the
76 appropriate software and the motor vehicle repair shop has the
77 computer ability, transactions must be electronically
78 transferred. If a motor vehicle repair shop does not have the
79 computer ability, the appropriate law enforcement agency may
80 provide the motor vehicle with the necessary equipment for the
81 purpose of electronically transferring accident or collision
82 repair work transactions. The appropriate law enforcement agency
83 shall retain ownership of the equipment, unless otherwise agreed
84 upon. The motor vehicle repair shop shall maintain the equipment
85 in good working order, ordinary wear and tear excepted. If the
86 motor vehicle repair shop transfers accident or collision repair
87 work transactions electronically, the motor vehicle repair shop

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88 is not required to also deliver to the appropriate law
89 enforcement official the original or copies of the transaction
90 forms. The appropriate law enforcement official may, for the
91 purposes of a criminal investigation, request that the motor
92 vehicle repair shop produce the original of a transaction form
93 that has been electronically transferred. The motor vehicle
94 repair shop shall deliver this form to the appropriate law
95 enforcement official within 24 hours after the request.
96 (2)  When any customer requests a motor vehicle repair shop
97 to perform repair work on a motor vehicle, the cost of which
98 repair work will exceed $100 to the customer, the shop shall
99 prepare a written repair estimate, which is a form setting forth
100 the estimated cost of repair work, including diagnostic work,
101 before effecting any diagnostic work or repair. The written
102 repair estimate must shall also include the following items:
103 (a)  The name, address, and telephone number of the motor
104 vehicle repair shop.
105 (b)  The name, address, and telephone number of the
106 customer.
107 (c)  The date and time of the written repair estimate.
108 (d)  The year, make, model, odometer reading, and license
109 tag number of the motor vehicle.
110 (e)  The proposed work completion date.
111 (f)  A general description of the customer’s problem or
112 request for repair work or service relating to the motor vehicle.
113 (g)  A statement as to whether the customer is being charged
114 according to a flat rate or an hourly rate, or both.
115 (h)  The estimated cost of repair which must shall include
116 any charge for shop supplies or for hazardous or other waste

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117 removal and, if a charge is included, the estimate must shall
118 include the following statement:
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120 “This charge represents costs and profits to the motor
121 vehicle repair facility for miscellaneous shop supplies
122 or waste disposal.”
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124 If a charge is mandated by state or federal law, the estimate
125 must shall contain a statement identifying the law and the
126 specific amount charged under the law.
127 (i)  The charge for making a repair price estimate or, if
128 the charge cannot be predetermined, the basis on which the charge
129 will be calculated.
130 (j)  The customer’s intended method of payment.
131 (k)  The name and telephone number of another person who may
132 authorize repair work, if the customer desires to designate such
133 person.
134 (l)  A statement indicating what, if anything, is guaranteed
135 in connection with the repair work and the time and mileage
136 period for which the guarantee is effective.
137 (m)  A statement allowing the customer to indicate whether
138 replaced parts should be saved for inspection or return.
139 (n)  A statement indicating the daily charge for storing the
140 customer’s motor vehicle after the customer has been notified
141 that the repair work has been completed. However, no storage
142 charges may shall accrue or be due and payable for a period of 3
143 working days from the date of such notification.
144 (3)(2)  If the cost of repair work will exceed $100, the
145 shop must shall present to the customer a written notice

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146 conspicuously disclosing, in a separate, blocked section, only
147 the following statement, in capital letters of at least 12-point
148 type:
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150 PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND
151 SIGN:
152 I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A
153 WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $100.
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155 .... I REQUEST A WRITTEN ESTIMATE.
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157 .... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE
158 REPAIR COSTS DO NOT EXCEED $..... THE SHOP MAY NOT EXCEED THIS
159 AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL.
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161 .... I DO NOT REQUEST A WRITTEN ESTIMATE.
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163 SIGNED ............ DATE ....
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165 (4)(3)  The information required by paragraphs (2)(h) and
166 (i) (1)(h) and (i) need not be provided if the customer waives in
167 writing her or his right to receive a written estimate.
168 (5)(4)  Except as provided in subsection (6) (5), a copy of
169 the written repair estimate required by subsection (2) (1) and
170 the disclosure statement required by subsection (3) must (2)
171 shall be given to the customer before repair work commences is
172 begun. The disclosure statement may be provided on the same form
173 as the written repair estimate.
174 (6)(5)  If the customer leaves her or his motor vehicle at a

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175 motor vehicle repair shop during hours when the shop is not open
176 or if the customer permits the shop or another person to deliver
177 the motor vehicle to the shop, there is shall be an implied
178 partial waiver of the written estimate; however, upon completion
179 of diagnostic work necessary to estimate the cost of repair, the
180 shop shall notify the customer as required in s. 559.909(1).
181 (7)(6)  Nothing in this section may shall be construed to
182 require a motor vehicle repair shop to give a written estimated
183 price if the motor vehicle repair shop does not agree to perform
184 the requested repair.
185 Section 3.  Subsection (1) of section 559.909, Florida
186 Statutes, is amended to read:
187 559.909  Notification of charges in excess of repair
188 estimate; unlawful charges; refusal to return vehicle prohibited;
189 inspection of parts.—
190 (1)  In the event that:
191 (a)  The written repair estimate contains only an estimate
192 for diagnostic work necessary to estimate the cost of repair and
193 such diagnostic work has been completed;
194 (b)  A determination is made by a motor vehicle repair shop
195 that the actual charges for the repair work will exceed the
196 written estimate by more than $10 or 10 percent, whichever is
197 greater, but not to exceed $50; or
198 (c)  An implied partial waiver exists for diagnostic work,
199 as described in s. 559.905(6) s. 559.905(5), and such diagnostic
200 work has been completed,
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202 the customer must shall be promptly notified by the motor vehicle
203 repair shop by telephone, telegraph, mail, or other means of the

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204 additional repair work and estimated cost thereof. A customer so
205 notified shall, orally or in writing, authorize, modify, or
206 cancel the order for repair.
207 Section 4.  This act shall take effect July 1, 2024.

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