Florida Senate - 2014                                     SB 754
       
       
        
       By Senator Bradley
       
       
       
       
       
       7-01028-14                                             2014754__
    1                        A bill to be entitled                      
    2         An act relating to certificates of destruction;
    3         amending s. 319.30, F.S.; revising the requirements
    4         for an owner or insurance company to obtain a
    5         certificate of destruction for certain motor vehicles
    6         or mobile homes; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (b) of subsection (3) of section
   11  319.30, Florida Statutes, is amended to read:
   12         319.30 Definitions; dismantling, destruction, change of
   13  identity of motor vehicle or mobile home; salvage.—
   14         (3)
   15         (b) The owner, including persons who are self-insured, of a
   16  any motor vehicle or mobile home that which is considered to be
   17  salvage shall, within 72 hours after the motor vehicle or mobile
   18  home becomes salvage, forward the title to the motor vehicle or
   19  mobile home to the department for processing. However, an
   20  insurance company that which pays money as compensation for the
   21  total loss of a motor vehicle or mobile home shall obtain the
   22  certificate of title for the motor vehicle or mobile home, make
   23  the required notification to the National Motor Vehicle Title
   24  Information System, and, within 72 hours after receiving such
   25  certificate of title, shall forward such title to the department
   26  for processing. The owner or insurance company, as applicable
   27  the case may be, may not dispose of a vehicle or mobile home
   28  that is a total loss before it obtains has obtained a salvage
   29  certificate of title or certificate of destruction from the
   30  department. When applying for a salvage certificate of title or
   31  certificate of destruction, the owner or insurance company must
   32  provide the department with an estimate of the costs of
   33  repairing the physical and mechanical damage suffered by the
   34  vehicle for which a salvage certificate of title or certificate
   35  of destruction is sought. If a motor vehicle or mobile home is
   36  damaged, wrecked, or burned to the extent that the only residual
   37  value of the motor vehicle or mobile home is as a source of
   38  parts or scrap metal, or if the motor vehicle or mobile home
   39  comes into this state under a title or other ownership document
   40  that indicates that the motor vehicle or mobile home is not
   41  repairable, is junked, or is for parts or dismantling only, the
   42  owner or insurance company that pays money as compensation for
   43  total loss of a motor vehicle or mobile home shall obtain the
   44  estimated costs of repairing the physical and mechanical damage
   45  to the vehicle are equal to 80 percent or more of the current
   46  retail cost of the vehicle, as established in any official used
   47  car or used mobile home guide, the department shall declare the
   48  vehicle unrebuildable and print a certificate of destruction,
   49  which authorizes the dismantling or destruction of the motor
   50  vehicle or mobile home described therein. However, if the
   51  damaged motor vehicle is equipped with custom-lowered floors for
   52  wheelchair access or a wheelchair lift, the insurance company
   53  may, upon determining that the vehicle is repairable to a
   54  condition that is safe for operation on public roads, submit the
   55  certificate of title to the department for reissuance as a
   56  salvage rebuildable title and the addition of a title brand of
   57  “insurance-declared total loss.” The certificate of destruction
   58  shall be reassignable a maximum of two times before dismantling
   59  or destruction of the vehicle is shall be required, and shall
   60  accompany the motor vehicle or mobile home for which it is
   61  issued, when such motor vehicle or mobile home is sold for such
   62  purposes, in lieu of a certificate of title., and, thereafter,
   63  The department may not issue a shall refuse issuance of any
   64  certificate of title for that vehicle. Nothing in This
   65  subsection is not shall be applicable if when a vehicle is worth
   66  less than $1,500 retail in undamaged condition in any official
   67  used motor vehicle guide or used mobile home guide or when a
   68  stolen motor vehicle or mobile home is recovered in
   69  substantially intact condition and is readily resalable without
   70  extensive repairs to or replacement of the frame or engine. A
   71  Any person who knowingly violates this paragraph or falsifies
   72  documentation any document to avoid the requirements of this
   73  paragraph commits a misdemeanor of the first degree, punishable
   74  as provided in s. 775.082 or s. 775.083.
   75         Section 2. This act shall take effect July 1, 2014.