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. 559.909

559.909 Notification of charges in excess of repair estimate; unlawful charges; refusal to return vehicle prohibited; inspection of parts.—

(1) In the event that:

(a) The written repair estimate contains only an estimate for diagnostic work necessary to estimate the cost of repair and such diagnostic work has been completed;

(b) A determination is made by a motor vehicle repair shop that the actual charges for the repair work will exceed the written estimate by more than $10 or 10 percent, whichever is greater, but not to exceed $50; or

(c) An implied partial waiver exists for diagnostic work, as described in s. 559.905(5), and such diagnostic work has been completed,

the customer shall be promptly notified by telephone, telegraph, mail, or other means of the additional repair work and estimated cost thereof. A customer so notified shall, orally or in writing, authorize, modify, or cancel the order for repair.

(2) If a customer cancels the order for repair after being advised that a repair which she or he has authorized cannot be accomplished within the previously authorized estimate, the shop shall expeditiously reassemble the motor vehicle in a condition reasonably similar to the condition in which it was received unless:

(a) The customer waives reassembly, or

(b) The reassembled vehicle would be unsafe.

After cancellation of the repair order, the shop may charge for the cost of teardown, the cost of parts and labor to replace items that were destroyed by teardown, and the cost to reassemble the component or the vehicle, provided the customer was notified of these possible costs in the estimate prior to commencement of the diagnostic work.

(3) It shall be unlawful for a motor vehicle repair shop to charge more than the written estimate plus $10 or 10 percent, whichever is greater, but not to exceed $50, unless the motor vehicle repair shop has obtained authorization to exceed the written estimate in accordance with subsection (1).

(4) It shall be unlawful for any motor vehicle repair shop to fail to return any customer’s motor vehicle because the customer has refused to pay for unauthorized repairs or because the customer has refused to pay for repair charges in excess of the final estimate in violation of this section.

(5) Upon request made at the time the repair work is authorized by the customer, the customer is entitled to inspect parts removed from her or his vehicle or, if the shop has no warranty arrangement or exchange parts program with a manufacturer, supplier, or distributor, have them returned to her or him.

History.—s. 1, ch. 80-139; s. 6, ch. 93-219; s. 826, ch. 97-103.

F.S. 559.909 on Google Scholar

F.S. 559.909 on Casetext

Amendments to 559.909

Arrestable Offenses / Crimes under Fla. Stat. 559.909

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 559.909.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . at the shop with its keys, Siam Motors was still required to comply with the provisions of section 559.909 . . . However, the applicable portion is section 559.909(l)(c), which provides as follows: (1) In the event . . . Thus, section 559.909(1) allows for notification of the customer by telephone of any additional repair . . . Section 559.909(1) also allows the customer to orally authorize the order for repair. . . . Because the trial court interpreted section 559.909(1) to require a written estimate when one was not . . .

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

. . . Defendant notified Plaintiff orally regarding some of the repairs to the vehicle as required by Section 559.909 . . .

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

. . . result of the shop’s failure to return her vehicle because of her well-justified refusal to pay, § 559.909 . . .

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

. . . authorization for the second additional repair estimate on the customer repair order as is mandated by Section 559.909 . . . F.S. 559.909 requires that'after such a written estimate is given, if the repair shop seeks to do additional . . . However, F.S. 559.909 goes on to provide that: If additional repair work or charges are authorized by . . .