Florida Statute 559.909 - Full Text and Legal Analysis

The 2025 Florida Statutes

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

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

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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.

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Amendments to 559.909

Annotations, Discussions, Cases:

Cases Citing Statute 559.909

Total Results: 3 | Sort by: Relevance | Newest First

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Gonzalez v. Tremont Body & Towing, Inc., 483 So. 2d 503 (Fla. 3d DCA 1986).

Cited 4 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 469, 1986 Fla. App. LEXIS 6465

...le Repair Act, §§ 559.901, et seq., Fla. Stat. (1983). The cause is remanded for determination of the damages sustained by the appellant customer as a result of the shop's failure to return her vehicle because of her well-justified refusal to pay, § 559.909(5); [2] see Lucas Truck Service Co....

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Siam Motors, Inc. v. Spivey, 136 So. 3d 692 (Fla. 2d DCA 2014).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 1823, 2014 WL 538674

...d disclosure statements for motor vehicle repairs. The court further determined that even if Spivey waived the initial written estimate by leaving the vehicle at the shop with its keys, Siam Motors was still required to comply with the provisions of section 559.909(5)....

...he shop with its keys, Siam Motors was still required to comply with section 559.905(5). Section 559.905(5) states that “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).” The trial court stated that section “559.909(1) requires a written estimate in the event that the contemplated repairs exceed the initial expectation, and requires that the customer authorize additional work to proceed.” However, the applicable portion is section 559.909(l)(c), which provides as follows: (1) In the event that: [[Image here]] (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. Thus, section 559.909(1) allows for notification of the customer by telephone of any additional repair work and its estimated cost. Section 559.909(1) also allows the customer to orally authorize the order for repair....

...ft with his car. Even without a trial transcript, the appellate court can reverse when the trial court makes an error of law on the face of the judgment. See Mobley v. Mobley, 18 So.3d 724, 727 (Fla. 2d DCA 2009). Because the trial court interpreted section 559.909(1) to require a written estimate when one was not required under the present circumstances, we reverse the final judgment to the extent that the trial court found that Siam Motors cannot collect on the November 2001 invoice of $3220....

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Joshua Citron v. H.G.C. Auto Collision, Inc. (Fla. 3d DCA 2022).

Published | Florida 3rd District Court of Appeal

...In this vein, the Act further prohibits a shop from failing “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.” § 559.909(4), Fla....

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