The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 559
REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY

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F.S. 559.905

559.905 Written motor vehicle repair estimate and disclosure statement required.—

(1) When any customer requests a motor vehicle repair shop to perform repair work on a motor vehicle, the cost of which repair work will exceed $100 to the customer, the shop shall prepare a written repair estimate, which is a form setting forth the estimated cost of repair work, including diagnostic work, before effecting any diagnostic work or repair. The written repair estimate shall also include the following items:

(a) The name, address, and telephone number of the motor vehicle repair shop.

(b) The name, address, and telephone number of the customer.

(d) The year, make, model, odometer reading, and license tag number of the motor vehicle.

(e) The proposed work completion date.

(f) A general description of the customer’s problem or request for repair work or service relating to the motor vehicle.

(g) A statement as to whether the customer is being charged according to a flat rate or an hourly rate, or both.

(h) The estimated cost of repair which shall include any charge for shop supplies or for hazardous or other waste removal and, if a charge is included, the estimate shall include the following statement:

“This charge represents costs and profits to the motor vehicle repair facility for miscellaneous shop supplies or waste disposal.”

If a charge is mandated by state or federal law, the estimate shall contain a statement identifying the law and the specific amount charged under the law.

(i) The charge for making a repair price estimate or, if the charge cannot be predetermined, the basis on which the charge will be calculated.

(j) The customer’s intended method of payment.

(k) The name and telephone number of another person who may authorize repair work, if the customer desires to designate such person.

(l) A statement indicating what, if anything, is guaranteed in connection with the repair work and the time and mileage period for which the guarantee is effective.

(m) A statement allowing the customer to indicate whether replaced parts should be saved for inspection or return.

(n) A statement indicating the daily charge for storing the customer’s motor vehicle after the customer has been notified that the repair work has been completed. However, no storage charges shall accrue or be due and payable for a period of 3 working days from the date of such notification.

(2) If the cost of repair work will exceed $100, the shop shall present to the customer a written notice conspicuously disclosing, in a separate, blocked section, only the following statement, in capital letters of at least 12-point type:

PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND SIGN:

I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $100.

I REQUEST A WRITTEN ESTIMATE.

I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE REPAIR COSTS DO NOT EXCEED $ . THE SHOP MAY NOT EXCEED THIS AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL.

I DO NOT REQUEST A WRITTEN ESTIMATE.

SIGNED DATE

(3) The information required by paragraphs (1)(h) and (i) need not be provided if the customer waives in writing her or his right to receive a written estimate.

(4) Except as provided in subsection (5), a copy of the written repair estimate required by subsection (1) and the disclosure statement required by subsection (2) shall be given to the customer before repair work is begun. The disclosure statement may be provided on the same form as the written repair estimate.

(5) If the customer leaves her or his motor vehicle at a motor vehicle repair shop during hours when the shop is not open or if the customer permits the shop or another person to deliver the motor vehicle to the shop, there shall be an implied partial waiver of the written estimate; however, upon completion of diagnostic work necessary to estimate the cost of repair, the shop shall notify the customer as required in s. 559.909(1).

(6) Nothing in this section shall be construed to require a motor vehicle repair shop to give a written estimated price if the motor vehicle repair shop does not agree to perform the requested repair.

History.—s. 1, ch. 80-139; s. 824, ch. 97-103; s. 27, ch. 97-250; s. 18, ch. 2001-214.

F.S. 559.905 on Google Scholar

F.S. 559.905 on Casetext

Amendments to 559.905

Arrestable Offenses / Crimes under Fla. Stat. 559.905

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 559.905.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SAFARI TOURS, INC. v. E. PASCO,, 255 So. 3d 415 (Fla. App. Ct. 2018)

. . . $27,375 in storage fees because Phoenix's repair estimate failed to substantially comply with section 559.905 . . . the repair shop does not substantially comply with the written repair estimate provisions of section 559.905 . . . Section 559.905(1)(n) plainly and unambiguously provides that all written repair estimates must contain . . . By leaving the form's line blank, Phoenix failed to comply with section 559.905(1)(n), and therefore, . . . 4th DCA 1993) (holding that handwritten estimate substantially complied with requirements of section 559.905 . . .

SIAM MOTORS, INC. v. P. SPIVEY,, 136 So. 3d 692 (Fla. Dist. Ct. App. 2014)

. . . trial court determined that the November 2001 invoice for $3220 was not in compliance with section 559.905 . . . But Siam Motors also argues that Spivey waived any written estimate required by section 559.905(1) because . . . See § 559.905(5). . . . Section 559.905(5) states that “upon completion of diagnostic work necessary to estimate the cost of . . . (1) In the event that: (c) An implied partial waiver exists for diagnostic work, as described in s. 559.905 . . .

TIRE KINGDOM, INC. v. DISHKIN,, 81 So. 3d 437 (Fla. Dist. Ct. App. 2011)

. . . .” § 559.905(l)(h), Fla. Stat. (2006). . . . upon affidavits, depositions, and the circuit court record. .This language is prescribed by section 559.905 . . . Section 559.905(2), Florida Statutes (2006), directs that if the repair cost: will exceed $100, the repair . . .

STATE v. GORDON, 942 So. 2d 1021 (Fla. Dist. Ct. App. 2006)

. . . They alleged that the body shop had not complied with the provisions of section 559.905, Florida Statutes . . . Lieber man, this court held that if there is substantial compliance with the requirements of section 559.905 . . .

HULL COMPANY, INC. v. THOMAS,, 834 So. 2d 904 (Fla. Dist. Ct. App. 2003)

. . . Section 559.905, Florida Statutes (1985). . . .

METRO FORD, INC. v. GREEN,, 724 So. 2d 706 (Fla. Dist. Ct. App. 1999)

. . . On the record before us, it is unclear whether he received a written estimate as required by section 559.905 . . .

CLASSIC REVIVALS LIMITED, INC. v. TORRES,, 600 So. 2d 47 (Fla. Dist. Ct. App. 1992)

. . . of triable issues as to, among other things, the applicability of sections 559.903(2), 559.903(4), 559.905 . . .

GOLCZYNSKI v. MILLER, 37 Fla. Supp. 2d 178 (Fla. Cir. Ct. 1989)

. . . See Section 559.905(5), Florida Statutes. . . .

McDONOUGH v ALL CAR SHOP, 34 Fla. Supp. 2d 61 (Fla. Cir. Ct. 1989)

. . . there was an implied, partial waiver of a written estimate requirement pursuant to Florida Statutes 559.905 . . . written estimate to the customer and a written waiver was not made, in accordance with Florida Statutes 559.905 . . . The statutory exception, Florida Statutes 559.905(5) applies when face to face contact is not available . . .

KAHL v. MARLIN IMPORTS, INC., 31 Fla. Supp. 2d 121 (Fla. Cir. Ct. 1988)

. . . FS § 559.905(3). . . . FS § 559.905(5), provides in pertinent part: If the customer leaves his motor vehicle at a motor vehicle . . . Appellees’, Marlin Imports, apparent reliance upon the exception provided in FS § 559.905(5) is misplaced . . . shop and had discussions with their service manager at that time, the exception enunciated in FS § 559.905 . . .

MILLER, a k a v. WALLACE INTERNATIONAL TRUCKS, INC., 532 So. 2d 1276 (Fla. Dist. Ct. App. 1988)

. . . See § 559.905, Fla.Stat. (1985). . . . See § 559.905, Fla.Stat. . . .

LIEBERMAN, v. COLLISION SPECIALISTS, INC., 526 So. 2d 102 (Fla. Dist. Ct. App. 1987)

. . . Section 559.905, Florida Statutes (1985), requires a repair shop to prepare a written estimate prior . . .

TOLSON v. BOB WADE FORD, INC., 23 Fla. Supp. 2d 138 (Fla. Cir. Ct. 1987)

. . . . § 559.905 (1985) which requires written estimates by automobile repairmen, and in awarding attorneys . . . Stat. § 559.905 (1985) requiring written estimates by automobile repairmen when requested by a customer . . .

TOLSON v. BOB WADE FORD, INC., 35 Fla. Supp. 2d 32 (Fla. Cir. Ct. 1987)

. . . . § 559.905 (1985) which requires written estimates by automobile repairmen, and in awarding attorneys . . . Stat. § 559.905 (1985) requiring a written estimate by automobile repairmen when requested by a customer . . .

GONZALEZ, v. TREMONT BODY AND TOWING, INC., 483 So. 2d 503 (Fla. Dist. Ct. App. 1986)

. . . its admitted failure to conform with the written repair estimate requirements contained in section 559.905 . . .

OSTEEN, v. MORRIS,, 481 So. 2d 1287 (Fla. Dist. Ct. App. 1986)

. . . written estimate or a written notice of the right to a written repair estimate as mandated by section 559.905 . . . For the same reason of noncomplianee with section 559.905, the court found the shop liable on the counterclaim . . . See § 559.905, Fla.Stat. . . . Section 559.905, Fla.Stat. provides: (1) When any customer requests a motor vehicle repair shop to perform . . .

REAGAN v. LUKE BOLTON FORD, INC., 12 Fla. Supp. 2d 158 (Broward Cty. Ct. 1985)

. . . F.S. 559.905 requires that a written repair estimate on repair work of over $50 to a motor vehicle be . . .

LUCAS TRUCK SERVICE COMPANY, v. M. HARGROVE,, 443 So. 2d 260 (Fla. Dist. Ct. App. 1983)

. . . written waiver from Nelson releasing it of any duty to submit a written repair estimate under Section 559.905 . . . Section 559.905(1), subparagraphs (a)-(n), inclusive, enumerates the details which must be included in . . . Section 559.905(1)0. . . .