Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS for CS for SB 1392
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LEGISLATIVE ACTION
Senate . House
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Floor: NC/2R .
03/10/2016 05:28 PM .
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Senator Abruzzo moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 378 and 379
4 insert:
5 Section 11. Paragraph (b) of subsection (3) of section
6 319.30, Florida Statutes, is amended, and paragraph (c) is added
7 to that subsection, to read:
8 319.30 Definitions; dismantling, destruction, change of
9 identity of motor vehicle or mobile home; salvage.—
10 (3)
11 (b) The owner, including persons who are self-insured, of a
12 motor vehicle or mobile home that is considered to be salvage
13 shall, within 72 hours after the motor vehicle or mobile home
14 becomes salvage, forward the title to the motor vehicle or
15 mobile home to the department for processing. However, an
16 insurance company that pays money as compensation for the total
17 loss of a motor vehicle or mobile home shall obtain the
18 certificate of title for the motor vehicle or mobile home, make
19 the required notification to the National Motor Vehicle Title
20 Information System, and, within 72 hours after receiving such
21 certificate of title, forward such title to the department for
22 processing. The owner or insurance company, as applicable, may
23 not dispose of a vehicle or mobile home that is a total loss
24 before it obtains a salvage certificate of title or certificate
25 of destruction from the department. Effective July 1, 2023:
26 1. Thirty days after payment of a claim for compensation
27 pursuant to this paragraph, the insurance company may receive a
28 salvage certificate of title or certificate of destruction from
29 the department if the insurance company is unable to obtain a
30 properly assigned certificate of title from the owner or
31 lienholder of the motor vehicle or mobile home, if the motor
32 vehicle or mobile home does not carry an electronic lien on the
33 title and the insurance company:
34 a. Has obtained the release of all liens on the motor
35 vehicle or mobile home;
36 b. Has provided proof of payment of the total loss claim;
37 and
38 c. Has provided an affidavit on letterhead signed by the
39 insurance company or its authorized agent stating the attempts
40 that have been made to obtain the title from the owner or
41 lienholder and further stating that all attempts are to no
42 avail. The affidavit must include a request that the salvage
43 certificate of title or certificate of destruction be issued in
44 the insurance company’s name due to payment of a total loss
45 claim to the owner or lienholder. The attempts to contact the
46 owner may be by written request delivered in person or by first
47 class mail with a certificate of mailing to the owner’s or
48 lienholder’s last known address.
49 2. If the owner or lienholder is notified of the request
50 for title in person, the insurance company must provide an
51 affidavit attesting to the in-person request for a certificate
52 of title.
53 3. The request to the owner or lienholder for the
54 certificate of title must include a complete description of the
55 motor vehicle or mobile home and the statement that a total loss
56 claim has been paid on the motor vehicle or mobile home.
57 (c) When applying for a salvage certificate of title or
58 certificate of destruction, the owner or insurance company must
59 provide the department with an estimate of the costs of
60 repairing the physical and mechanical damage suffered by the
61 vehicle for which a salvage certificate of title or certificate
62 of destruction is sought. If the estimated costs of repairing
63 the physical and mechanical damage to the mobile home are equal
64 to 80 percent or more of the current retail cost of the mobile
65 home, as established in any official used mobile home guide, the
66 department shall declare the mobile home unrebuildable and print
67 a certificate of destruction, which authorizes the dismantling
68 or destruction of the mobile home. For a late model vehicle with
69 a current retail cost of at least $7,500 just prior to
70 sustaining the damage that resulted in the total loss, as
71 established in any official used car guide or valuation service,
72 if the owner or insurance company determines that the estimated
73 costs of repairing the physical and mechanical damage to the
74 vehicle are equal to 90 percent or more of the current retail
75 cost of the vehicle, as established in any official used motor
76 vehicle guide or valuation service, the department shall declare
77 the vehicle unrebuildable and print a certificate of
78 destruction, which authorizes the dismantling or destruction of
79 the motor vehicle. However, if the damaged motor vehicle is
80 equipped with custom-lowered floors for wheelchair access or a
81 wheelchair lift, the insurance company may, upon determining
82 that the vehicle is repairable to a condition that is safe for
83 operation on public roads, submit the certificate of title to
84 the department for reissuance as a salvage rebuildable title and
85 the addition of a title brand of “insurance-declared total
86 loss.” The certificate of destruction shall be reassignable a
87 maximum of two times before dismantling or destruction of the
88 vehicle is required, and shall accompany the motor vehicle or
89 mobile home for which it is issued, when such motor vehicle or
90 mobile home is sold for such purposes, in lieu of a certificate
91 of title. The department may not issue a certificate of title
92 for that vehicle. This subsection is not applicable if a mobile
93 home is worth less than $1,500 retail just prior to sustaining
94 the damage that resulted in the total loss in any official used
95 mobile home guide or when a stolen motor vehicle or mobile home
96 is recovered in substantially intact condition and is readily
97 resalable without extensive repairs to or replacement of the
98 frame or engine. If a motor vehicle has a current retail cost of
99 less than $7,500 just prior to sustaining the damage that
100 resulted in the total loss, as established in any official used
101 motor vehicle guide or valuation service, or if the vehicle is
102 not a late model vehicle, the owner or insurance company that
103 pays money as compensation for the total loss of the motor
104 vehicle shall obtain a certificate of destruction, if the motor
105 vehicle is damaged, wrecked, or burned to the extent that the
106 only residual value of the motor vehicle is as a source of parts
107 or scrap metal, or if the motor vehicle comes into this state
108 under a title or other ownership document that indicates that
109 the motor vehicle is not repairable, is junked, or is for parts
110 or dismantling only. A person who knowingly violates this
111 paragraph or falsifies documentation to avoid the requirements
112 of this paragraph commits a misdemeanor of the first degree,
113 punishable as provided in s. 775.082 or s. 775.083.
114
115 ================= T I T L E A M E N D M E N T ================
116 And the title is amended as follows:
117 Delete line 51
118 and insert:
119 operation of autonomous vehicles; amending s. 319.30,
120 F.S.; authorizing insurance companies to receive a
121 salvage certificate of title or certificate of
122 destruction from the Department of Highway Safety and
123 Motor Vehicles after a specified number of days after
124 payment of a claim as of a specified date, subject to
125 certain requirements; requiring insurance companies
126 seeking such title or certificate of destruction to
127 follow a specified procedure; providing requirements
128 for the request; amending s. 320.525,