Bill Text: FL S0292 | 2017 | Regular Session | Introduced
Bill Title: Motor Vehicle Warranties
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-05-05 - Died in Commerce and Tourism [S0292 Detail]
Download: Florida-2017-S0292-Introduced.html
Florida Senate - 2017 SB 292 By Senator Bracy 11-00365-17 2017292__ 1 A bill to be entitled 2 An act relating to motor vehicle warranties; amending 3 s. 501.975, F.S.; defining terms; creating s. 501.977, 4 F.S.; requiring licensed new car dealers to provide 5 purchasers with a specified motor vehicle warranty 6 notice; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Section 501.975, Florida Statutes, is amended to 11 read: 12 501.975 Definitions.—As used in this part, the term: 13 (1) “Aftermarket part” means a part that was made by a 14 company other than the vehicle manufacturer or the original 15 equipment manufacturer. 16 (2)(1)“Customer” includes a customer’s designated agent. 17 (3)(2)“Dealer” means a motor vehicle dealer as defined in 18 s. 320.27, but does not include a motor vehicle auction as 19 defined in s. 320.27(1)(c)4. 20 (4) “Recycled part” means a part that was made for and 21 installed in a new vehicle by the manufacturer or the original 22 equipment manufacturer and later removed from the vehicle and 23 made available for resale or reuse. 24 (5)(3)“Replacement item” means a tire, bumper, bumper 25 fascia, glass, in-dashboard equipment, seat or upholstery cover 26 or trim, exterior illumination unit, grill, sunroof, external 27 mirror, and external body cladding. The replacement of up to 28 three of these items does not constitute repair of damage if 29 each item is replaced because of a product defect or damaged due 30 to vandalism while the new motor vehicle is under the control of 31 the dealer and the items are replaced with original manufacturer 32 equipment, unless an item is replaced due to a crash, collision, 33 or accident. 34 (6)(4)“Threshold amount” means 3 percent of the 35 manufacturer’s suggested retail price of a motor vehicle or 36 $650, whichever is less. 37 (7)(5)“Vehicle” means any automobile, truck, bus, 38 recreational vehicle, or motorcycle required to be licensed 39 under chapter 320 for operation over the roads of Florida, but 40 does not include trailers, mobile homes, travel trailers, or 41 trailer coaches without independent motive power. 42 Section 2. Section 501.977, Florida Statutes, is created to 43 read: 44 501.977 Required notification.—Each licensed new car 45 dealer, at the time the sale of a new motor vehicle is executed, 46 shall deliver to the purchaser of such new motor vehicle the 47 following written statement printed in at least 10-point 48 boldface type: 49 50 MOTOR VEHICLE WARRANTY NOTICE.—A federal law, the 51 Magnuson-Moss Warranty Act, makes it illegal for motor 52 vehicle manufacturers or dealers to void a motor 53 vehicle warranty or deny coverage under the motor 54 vehicle warranty simply because an aftermarket part or 55 a recycled part was installed or used on the vehicle 56 or simply because someone other than the dealer 57 performed service on the vehicle. It is illegal for a 58 manufacturer or dealer to void your warranty or deny 59 coverage under the warranty simply because you used an 60 aftermarket part or a recycled part. However, if an 61 aftermarket part or a recycled part was, itself, 62 defective or was installed incorrectly and caused 63 damage to another part covered under the warranty, the 64 manufacturer or dealer has the right to deny coverage 65 for that part and to charge you for any repairs. The 66 Federal Trade Commission requires the manufacturer or 67 dealer to show that the defective or improperly 68 installed aftermarket part or recycled part caused the 69 need for repairs before denying warranty coverage. 70 Section 3. This act shall take effect July 1, 2017.