Senate Bill sb2698c1

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    Florida Senate - 2004                           CS for SB 2698

    By the Committee on Banking and Insurance; and Senator Atwater





    311-2449-04

  1                      A bill to be entitled

  2         An act relating to motor vehicles; providing a

  3         popular name; amending s. 319.14, F.S.;

  4         defining the terms "insurance recovery

  5         vehicle," "salvage recovery vehicle," and

  6         "salvage company"; providing prohibitions on

  7         the sale of such vehicles; providing penalties;

  8         amending s. 319.23, F.S.; requiring affidavit

  9         with application for title of used motor

10         vehicles not previously issued certificate of

11         title; providing penalties for violation or

12         falsification; amending s. 319.30, F.S.;

13         revising the definition of "total loss";

14         revising provisions for issuance to insurer of

15         certificate of destruction and certificate of

16         title upon total loss of vehicle; requiring the

17         Department of Highway Safety and Motor Vehicles

18         to create a program to promote and enhance

19         public awareness of risks to consumers

20         associated with buying used motor vehicles

21         previously titled in other states; providing an

22         effective date.

23  

24  Be It Enacted by the Legislature of the State of Florida:

25  

26         Section 1.  This act shall be known by the popular name

27  the "Auto Fraud Prevention Act of 2004."

28         Section 2.  Section 319.14, Florida Statutes, is

29  amended to read:

30         319.14  Sale of motor vehicles registered or used as

31  taxicabs, police vehicles, insurance recovery vehicles,

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    Florida Senate - 2004                           CS for SB 2698
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 1  salvage recovery vehicles, lease vehicles, or rebuilt vehicles

 2  and nonconforming vehicles.--

 3         (1)(a)  No person shall knowingly offer for sale, sell,

 4  or exchange any vehicle that has been licensed, registered, or

 5  used as a taxicab, police vehicle, insurance recovery vehicle,

 6  salvage recovery vehicle, or short-term-lease vehicle, or a

 7  vehicle that has been repurchased by a manufacturer pursuant

 8  to a settlement, determination, or decision under chapter 681,

 9  until the department has stamped in a conspicuous place on the

10  certificate of title of the vehicle, or its duplicate, words

11  stating the nature of the previous use or ownership of the

12  vehicle or the title has been stamped "Manufacturer's Buy

13  Back" to reflect that the vehicle is a nonconforming vehicle.

14  If the certificate of title or duplicate was not so stamped

15  upon initial issuance thereof or if, subsequent to initial

16  issuance of the title, the use of the vehicle is changed to a

17  use requiring the notation provided for in this section, the

18  owner or lienholder of the vehicle shall surrender the

19  certificate of title or duplicate to the department prior to

20  offering the vehicle for sale, and the department shall stamp

21  the certificate or duplicate as required herein. When a

22  vehicle has been repurchased by a manufacturer pursuant to a

23  settlement, determination, or decision under chapter 681, the

24  title shall be stamped "Manufacturer's Buy Back" to reflect

25  that the vehicle is a nonconforming vehicle.

26         (b)  No person shall knowingly offer for sale, sell, or

27  exchange a rebuilt vehicle until the department has stamped in

28  a conspicuous place on the certificate of title for the

29  vehicle words stating that the vehicle has been rebuilt or

30  assembled from parts, or is a kit car, glider kit, replica, or

31  flood vehicle unless proper application for a certificate of

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    Florida Senate - 2004                           CS for SB 2698
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 1  title for a vehicle that is rebuilt or assembled from parts,

 2  or is a kit car, glider kit, replica, or flood vehicle has

 3  been made to the department in accordance with this chapter

 4  and the department has conducted the physical examination of

 5  the vehicle to assure the identity of the vehicle and all

 6  major component parts, as defined in s. 319.30(1)(e), which

 7  have been repaired or replaced. Thereafter, the department

 8  shall affix a decal to the vehicle, in the manner prescribed

 9  by the department, showing the vehicle to be rebuilt.

10         (c)  As used in this section:

11         1.4.  "Assembled from parts" means a motor vehicle or

12  mobile home assembled from parts or combined from parts of

13  motor vehicles or mobile homes, new or used. "Assembled from

14  parts" does not mean a motor vehicle defined as a "rebuilt

15  vehicle" in subparagraph 9. 3., which has been declared a

16  total loss pursuant to s. 319.30.

17         2.8.  "Flood vehicle" means a motor vehicle or mobile

18  home that has been declared to be a total loss pursuant to s.

19  319.30(3)(a) resulting from damage caused by water.

20         3.6.  "Glider kit" means a vehicle assembled with a kit

21  supplied by a manufacturer to rebuild a wrecked or outdated

22  truck or truck tractor.

23         4.  "Insurance recovery vehicle" means a motor vehicle

24  for which the out-of-state documentation used to obtain

25  Florida title indicates that the owner is an insurance company

26  or contains a reassignment to or from an insurance company,

27  except for a stolen motor vehicle that is recovered in

28  substantially intact condition and is readily resalable

29  without extensive repairs to or replacement of the frame or

30  engine.

31  

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    Florida Senate - 2004                           CS for SB 2698
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 1         5.  "Kit car" means a motor vehicle assembled with a

 2  kit supplied by a manufacturer to rebuild a wrecked or

 3  outdated motor vehicle with a new body kit.

 4         6.a. c.  "Lease vehicle" includes both short-term-lease

 5  vehicles and long-term-lease vehicles.

 6         b.  "Long-term-lease vehicle" means a motor vehicle

 7  leased without a driver and under a written agreement to one

 8  person for a period of 12 months or longer.

 9         c.2.a.  "Short-term-lease vehicle" means a motor

10  vehicle leased without a driver and under a written agreement

11  to one or more persons from time to time for a period of less

12  than 12 months.

13         7.9.  "Nonconforming vehicle" means a motor vehicle

14  which has been purchased by a manufacturer pursuant to a

15  settlement, determination, or decision under chapter 681.

16         8.1.  "Police vehicle" means a motor vehicle owned or

17  leased by the state or a county or municipality and used in

18  law enforcement.

19         9.3.  "Rebuilt vehicle" means a motor vehicle or mobile

20  home built from salvage or junk, as defined in s. 319.30(1).

21         10.7.  "Replica" means a complete new motor vehicle

22  manufactured to look like an old vehicle.

23         11.  "Salvage recovery vehicle" means a motor vehicle

24  for which the out-of-state documentation used to obtain

25  Florida title indicates that the owner is a salvage company or

26  contains a reassignment to or from a salvage auction.

27         12.  "Salvage company" means a person not licensed in

28  Florida who would otherwise be required to be licensed as a

29  salvage motor vehicle dealer if operating in Florida.

30         13.10.  "Settlement" means an agreement entered into

31  between a manufacturer and a consumer that occurs after a

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    Florida Senate - 2004                           CS for SB 2698
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 1  dispute is submitted to a program, or an informal dispute

 2  settlement procedure established by a manufacturer or is

 3  approved for arbitration before the New Motor Vehicle

 4  Arbitration Board as defined in s. 681.102.

 5         (2)  No person shall knowingly sell, exchange, or

 6  transfer a vehicle referred to in subsection (1) without,

 7  prior to consummating the sale, exchange, or transfer,

 8  disclosing in writing to the purchaser, customer, or

 9  transferee the fact that the vehicle has previously been

10  titled, registered, or used as a taxicab, police vehicle,

11  insurance recovery vehicle, salvage recovery vehicle, or

12  short-term-lease vehicle or is a vehicle that is rebuilt or

13  assembled from parts, or is a kit car, glider kit, replica, or

14  flood vehicle, or is a nonconforming vehicle, as the case may

15  be.

16         (3)  Any person who, with intent to offer for sale or

17  exchange any vehicle referred to in subsection (1), knowingly

18  or intentionally advertises, publishes, disseminates,

19  circulates, or places before the public in any communications

20  medium, whether directly or indirectly, any offer to sell or

21  exchange the vehicle shall clearly and precisely state in each

22  such offer that the vehicle has previously been titled,

23  registered, or used as a taxicab, police vehicle, insurance

24  recovery vehicle, salvage recovery vehicle, or

25  short-term-lease vehicle or that the vehicle or mobile home is

26  a vehicle that is rebuilt or assembled from parts, or is a kit

27  car, glider kit, replica, or flood vehicle, or a nonconforming

28  vehicle, as the case may be. Any person who violates this

29  subsection commits a misdemeanor of the second degree,

30  punishable as provided in s. 775.082 or s. 775.083.

31  

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    Florida Senate - 2004                           CS for SB 2698
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 1         (4)  When a certificate of title, including a foreign

 2  certificate, is branded to reflect a condition or prior use of

 3  the titled vehicle, the brand must be noted on the

 4  registration certificate of the vehicle and such brand shall

 5  be carried forward on all subsequent certificates of title and

 6  registration certificates issued for the life of the vehicle.

 7         (5)  Any person who knowingly sells, exchanges, or

 8  offers to sell or exchange a motor vehicle or mobile home

 9  contrary to the provisions of this section or any officer,

10  agent, or employee of a person who knowingly authorizes,

11  directs, aids in, or consents to the sale, exchange, or offer

12  to sell or exchange a motor vehicle or mobile home contrary to

13  the provisions of this section commits a misdemeanor of the

14  second degree, punishable as provided in s. 775.082 or s.

15  775.083.

16         (6)  Any person who removes a rebuilt decal from a

17  rebuilt vehicle with the intent to conceal the rebuilt status

18  of the vehicle commits a felony of the third degree,

19  punishable as provided in s. 775.082, s. 775.083, or s.

20  775.084.

21         (7)  This section applies to a mobile home, travel

22  trailer, camping trailer, truck camper, or fifth-wheel

23  recreation trailer only when such mobile home or vehicle is a

24  rebuilt vehicle or is assembled from parts.

25         (8)  No person shall be liable or accountable in any

26  civil action arising out of a violation of this section if the

27  designation of the previous use or condition of the motor

28  vehicle is not noted on the certificate of title and

29  registration certificate of the vehicle which was received by,

30  or delivered to, such person, unless such person has actively

31  

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    Florida Senate - 2004                           CS for SB 2698
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 1  concealed the prior use or condition of the vehicle from the

 2  purchaser.

 3         (9)  Subsections (1), (2), and (3) do not apply to the

 4  transfer of ownership of a motor vehicle after the motor

 5  vehicle has ceased to be used as a lease vehicle and the

 6  ownership has been transferred to an owner for private use or

 7  to the transfer of ownership of a nonconforming vehicle with

 8  36,000 or more miles on its odometer, or 34 months whichever

 9  is later and the ownership has been transferred to an owner

10  for private use. Such owner, as shown on the title

11  certificate, may request the department to issue a corrected

12  certificate of title that does not contain the statement of

13  the previous use of the vehicle as a lease vehicle or

14  condition as a nonconforming vehicle.

15         (10)  Subsections (1), (2), and (3) do not apply to

16  reassignment transactions on motor vehicles that have been

17  reassigned to companies in other states which would otherwise

18  be licensed as motor vehicle auctions in Florida, when such

19  reassignment is required by laws or rules of other states.

20         Section 3.  Subsection (3) of section 319.23, Florida

21  Statutes, is amended to read:

22         319.23  Application for, and issuance of, certificate

23  of title.--

24         (3)  If a certificate of title has not previously been

25  issued for a motor vehicle or mobile home in this state, the

26  application, unless otherwise provided for in this chapter,

27  shall be accompanied by a proper bill of sale or sworn

28  statement of ownership, or a duly certified copy thereof, or

29  by a certificate of title, bill of sale, or other evidence of

30  ownership required by the law of the state or county from

31  

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    Florida Senate - 2004                           CS for SB 2698
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 1  which the motor vehicle or mobile home was brought into this

 2  state. The application shall also be accompanied by:

 3         (a)1.  A sworn affidavit from the seller and purchaser

 4  verifying that the vehicle identification number shown on the

 5  affidavit is identical to the vehicle identification number

 6  shown on the motor vehicle; or

 7         2.  An appropriate departmental form evidencing that a

 8  physical examination has been made of the motor vehicle by the

 9  owner and by a duly constituted law enforcement officer in any

10  state, a licensed motor vehicle dealer, a license inspector as

11  provided by s. 320.58, or a notary public commissioned by this

12  state and that the vehicle identification number shown on such

13  form is identical to the vehicle identification number shown

14  on the motor vehicle.; and

15         (b)  If the vehicle is a used car original, a sworn

16  affidavit from the owner verifying that the odometer reading

17  shown on the affidavit is identical to the odometer reading

18  shown on the motor vehicle in accordance with the requirements

19  of 49 C.F.R. s. 580.5 at the time that application for title

20  is made. For the purposes of this section, the term "used car

21  original" means a used vehicle coming into and being titled in

22  this state for the first time.

23         (c)  If the vehicle is an ancient or antique vehicle,

24  as defined in s. 320.086, the application shall be accompanied

25  by a certificate of title; a bill of sale and a registration;

26  or a bill of sale and an affidavit by the owner defending the

27  title from all claims. The bill of sale must contain a

28  complete vehicle description to include the vehicle

29  identification or engine number, year make, color, selling

30  price, and signatures of the seller and purchaser.

31  

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    Florida Senate - 2004                           CS for SB 2698
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 1         (d)  If a certificate of title has not been issued for

 2  a used motor vehicle in this state, a sworn affidavit from the

 3  owner that the motor vehicle has never been declared a total

 4  loss and the motor vehicle was not purchased from a motor

 5  vehicle salvage yard or insurance company. Willful and

 6  deliberate violation of this paragraph or falsification of any

 7  document to avoid the requirements of this paragraph is

 8  punishable as provided in s. 319.33.

 9  

10  Verification of the vehicle identification number is not

11  required for any new motor vehicle; any mobile home; any

12  trailer or semitrailer with a net weight of less than 2,000

13  pounds; or any travel trailer, camping trailer, truck camper,

14  or fifth-wheel recreation trailer.

15         Section 4.  Subsection (3) of section 319.30, Florida

16  Statutes, is amended to read:

17         319.30  Definitions; dismantling, destruction, change

18  of identity of motor vehicle or mobile home; salvage.--

19         (3)(a)1.  As used in this section, a motor vehicle or

20  mobile home is a "total loss":

21         a.  When an insurance company pays the vehicle owner to

22  replace the wrecked or damaged vehicle with one of like kind

23  and quality or when an insurance company pays the owner upon

24  the theft of the motor vehicle or mobile home; or

25         b.  When an uninsured motor vehicle or mobile home is

26  wrecked or damaged and the cost, at the time of loss, of

27  repairing or rebuilding the vehicle is 80 percent or more of

28  the cost to the owner of replacing the wrecked or damaged

29  motor vehicle or mobile home with one of like kind and

30  quality, except when a vehicle is worth less than $1,500

31  

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    Florida Senate - 2004                           CS for SB 2698
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 1  retail in undamaged condition in any official

 2  used-motor-vehicle guide or used-mobile-home guide.

 3         2.  A motor vehicle or mobile home shall not be

 4  considered a "total loss" if the insurance company and owner

 5  of a motor vehicle or mobile home agree to repair, rather than

 6  to replace, the motor vehicle or mobile home.  However, if the

 7  actual cost to repair the motor vehicle or mobile home to the

 8  insurance company exceeds 100 percent of the cost of replacing

 9  the wrecked or damaged motor vehicle or mobile home with one

10  of like kind and quality, the owner shall forward to the

11  department, within 72 hours after the agreement, a request to

12  brand the certificate of title with the words "Total Loss

13  Vehicle."  Such a brand shall become a part of the vehicle's

14  title history.

15         (b)  The owner, including persons who are self-insured,

16  of any motor vehicle or mobile home which is considered to be

17  salvage shall, within 72 hours after the motor vehicle or

18  mobile home becomes salvage, forward the title to the motor

19  vehicle or mobile home to the department for processing.

20  However, an insurance company which pays money as compensation

21  for total loss of a motor vehicle or mobile home shall obtain

22  the certificate of title for the motor vehicle or mobile home

23  and, within 72 hours after receiving such certificate of

24  title, shall forward such title to the department for

25  processing. The owner or insurance company, as the case may

26  be, may not dispose of a vehicle or mobile home that is a

27  total loss before it has obtained a salvage certificate of

28  title or certificate of destruction from the department. When

29  applying for a salvage certificate of title or certificate of

30  destruction, the owner or insurance company must provide the

31  department with an estimate of the costs of repairing the

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    Florida Senate - 2004                           CS for SB 2698
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 1  physical and mechanical damage suffered by the vehicle for

 2  which a salvage certificate of title or certificate of

 3  destruction is sought. If the estimated costs of repairing the

 4  physical and mechanical damage to the vehicle are equal to 80

 5  percent or more of the current retail cost of the vehicle and

 6  the vehicle is worth at least $1,500 in undamaged condition,

 7  as established in any official used car or used mobile home

 8  guide, the department shall declare the vehicle unrebuildable

 9  and print a certificate of destruction, which authorizes the

10  dismantling or destruction of the motor vehicle or mobile home

11  described therein. This certificate of destruction shall be

12  reassignable a maximum of two times before dismantling or

13  destruction of the vehicle shall be required, and shall

14  accompany the motor vehicle or mobile home for which it is

15  issued, when such motor vehicle or mobile home is sold for

16  such purposes, in lieu of a certificate of title, and,

17  thereafter, the department shall refuse issuance of any

18  certificate of title for that vehicle. An insurer paying a

19  total loss claim may obtain a certificate of destruction for

20  such a vehicle Nothing in this subsection shall be applicable

21  when a vehicle is worth less than $1,500 retail in undamaged

22  condition in any official used motor vehicle guide or used

23  mobile home guide or, when a stolen motor vehicle or mobile

24  home is recovered in substantially intact condition and is

25  readily resalable without extensive repairs to or replacement

26  of the frame or engine, the insurer shall obtain a certificate

27  of title in its own name before the vehicle may be sold or

28  transferred. Any person who willfully and deliberately

29  violates this paragraph or falsifies any document to avoid the

30  requirements of this paragraph commits a misdemeanor of the

31  

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    Florida Senate - 2004                           CS for SB 2698
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 1  first degree, punishable as provided in s. 775.082 or s.

 2  775.083.

 3         Section 5.  The Department of Highway Safety and Motor

 4  Vehicles shall create a program to promote and enhance public

 5  awareness of risks to consumers associated with buying used

 6  motor vehicles previously titled in other states, including

 7  risks associated with purchases of motor vehicles via the

 8  Internet. The program shall also promote and enhance public

 9  awareness of laws that are designed to protect used motor

10  vehicle consumers and any changes to those laws.

11         Section 6.  This act shall take effect upon becoming a

12  law.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 2698

16                                 

17  Exempts stolen vehicles, which are recovered in substantially
    intact condition and are readily resalable without extensive
18  repairs, from the stamping or branding of the vehicle title
    certificate.
19  
    Defines a "salvage company" which is a person not licensed in
20  Florida that would otherwise be required to be licensed as a
    salvage motor vehicle dealer if operating in Florida.
21  
    Allows for transactions in which an auction house is in the
22  chain of title to be exempt from the branding of the
    certificate of title.
23  
    Provides that the dollar value for a vehicle that is exempt
24  from being a total loss or not repairable is $1,500.00.

25  

26  

27  

28  

29  

30  

31  

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