Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 754
       
       
       
       
       
       
                                Ì954976_Î954976                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present paragraphs (o) through (w) of subsection
    6  (1) of section 319.30, Florida Statutes, are redesignated as
    7  paragraphs (p) through (x), respectively, and a new paragraph
    8  (o) is added to that subsection, and paragraph (b) of subsection
    9  (3) of that section is amended, to read:
   10         319.30 Definitions; dismantling, destruction, change of
   11  identity of motor vehicle or mobile home; salvage.—
   12         (1) As used in this section, the term:
   13         (o) “New model vehicle” means a motor vehicle that has a
   14  manufacturer’s model year designation of the year in which the
   15  vehicle was wrecked or damaged or any of the immediately
   16  preceding 5 years.
   17         (3)
   18         (b) The owner, including persons who are self-insured, of a
   19  any motor vehicle or mobile home that which is considered to be
   20  salvage shall, within 72 hours after the motor vehicle or mobile
   21  home becomes salvage, forward the title to the motor vehicle or
   22  mobile home to the department for processing. However, an
   23  insurance company that which pays money as compensation for the
   24  total loss of a motor vehicle or mobile home shall obtain the
   25  certificate of title for the motor vehicle or mobile home, make
   26  the required notification to the National Motor Vehicle Title
   27  Information System, and, within 72 hours after receiving such
   28  certificate of title, shall forward such title to the department
   29  for processing. The owner or insurance company, as applicable
   30  the case may be, may not dispose of a vehicle or mobile home
   31  that is a total loss before it obtains has obtained a salvage
   32  certificate of title or certificate of destruction from the
   33  department. When applying for a salvage certificate of title or
   34  certificate of destruction, the owner or insurance company must
   35  provide the department with an estimate of the costs of
   36  repairing the physical and mechanical damage suffered by the
   37  vehicle for which a salvage certificate of title or certificate
   38  of destruction is sought. If the estimated costs of repairing
   39  the physical and mechanical damage to the mobile home vehicle
   40  are equal to 80 percent or more of the current retail cost of
   41  the mobile home vehicle, as established in any official used car
   42  or used mobile home guide, the department shall declare the
   43  mobile home vehicle unrebuildable and print a certificate of
   44  destruction, which authorizes the dismantling or destruction of
   45  the motor vehicle or mobile home described therein. For a new
   46  model vehicle with a current retail cost of at least $10,000
   47  just prior to sustaining the damage that resulted in the total
   48  loss, as established in any official used car guide, if the
   49  owner or insurance company determines that the estimated costs
   50  of repairing the physical and mechanical damage to the vehicle
   51  are equal to 100 percent or more of the current retail cost of
   52  the vehicle, as established in any official used motor vehicle
   53  guide, the department shall declare the vehicle unrebuildable
   54  and print a certificate of destruction, which authorizes the
   55  dismantling or destruction of the motor vehicle. However, if the
   56  damaged motor vehicle is equipped with custom-lowered floors for
   57  wheelchair access or a wheelchair lift, the insurance company
   58  may, upon determining that the vehicle is repairable to a
   59  condition that is safe for operation on public roads, submit the
   60  certificate of title to the department for reissuance as a
   61  salvage rebuildable title and the addition of a title brand of
   62  “insurance-declared total loss.” The certificate of destruction
   63  shall be reassignable a maximum of two times before dismantling
   64  or destruction of the vehicle is shall be required, and shall
   65  accompany the motor vehicle or mobile home for which it is
   66  issued, when such motor vehicle or mobile home is sold for such
   67  purposes, in lieu of a certificate of title., and, thereafter,
   68  The department may not issue a shall refuse issuance of any
   69  certificate of title for that vehicle. Nothing in This
   70  subsection is not shall be applicable if when a mobile home
   71  vehicle is worth less than $1,500 retail just prior to
   72  sustaining the damage that resulted in the total loss in
   73  undamaged condition in any official used motor vehicle guide or
   74  used mobile home guide or when a stolen motor vehicle or mobile
   75  home is recovered in substantially intact condition and is
   76  readily resalable without extensive repairs to or replacement of
   77  the frame or engine. If a motor vehicle has a current retail
   78  cost of less than $10,000 just prior to sustaining the damage
   79  that resulted in the total loss, as established in any official
   80  used motor vehicle guide, or if the vehicle is not a new model
   81  vehicle, the owner or insurance company that pays money as
   82  compensation for the total loss of the motor vehicle shall
   83  obtain a certificate of destruction, if the motor vehicle is
   84  damaged, wrecked, or burned to the extent that the only residual
   85  value of the motor vehicle is as a source of parts or scrap
   86  metal, or if the motor vehicle comes into this state under a
   87  title or other ownership document that indicates that the motor
   88  vehicle is not repairable, is junked, or is for parts or
   89  dismantling only. A Any person who knowingly violates this
   90  paragraph or falsifies documentation any document to avoid the
   91  requirements of this paragraph commits a misdemeanor of the
   92  first degree, punishable as provided in s. 775.082 or s.
   93  775.083.
   94         Section 2. This act shall take effect July 1, 2014.
   95  
   96  ================= T I T L E  A M E N D M E N T ================
   97  And the title is amended as follows:
   98         Delete everything before the enacting clause
   99  and insert:
  100                        A bill to be entitled                      
  101         An act relating to certificates of destruction;
  102         amending s. 319.30, F.S.; defining a term; revising
  103         requirements for the Department of Highway Safety and
  104         Motor Vehicles to declare certain mobile homes and
  105         motor vehicles unrebuildable and to issue a
  106         certificate of destruction; authorizing the department
  107         to issue certificates of destruction for motor
  108         vehicles that are worth less than a specified amount
  109         and are above a certain age under certain
  110         circumstances; providing an effective date.