Florida Senate - 2016 SENATOR AMENDMENT Bill No. CS for CS for SB 1394 Ì836088MÎ836088 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 03/04/2016 05:41 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Brandes moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 468 and 469 4 insert: 5 Section 7. 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 it is unable to obtain a properly assigned 30 certificate of title from the owner or lienholder of the motor 31 vehicle or mobile home, if the motor vehicle or mobile home does 32 not carry an electronic lien on the title and the insurance 33 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 an 39 authorized agent of the insurance company stating the attempts 40 which 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, by e-mail, 47 or by first-class mail with a certificate of mailing to the 48 owner’s or lienholder’s last known address. 49 2. If the owner or lienholder is notified of the request 50 for title at its last known e-mail address and the insurance 51 company does not receive a response, return receipt, or delivery 52 confirmation from that e-mail address, the insurance company 53 shall send the request for title by first-class mail with a 54 certificate of mailing to the owner’s or lienholder’s last known 55 address. 56 3. If the owner or lienholder is notified of the request 57 for title in person, the insurance company must provide an 58 affidavit attesting to the in-person request for a certificate 59 of title. 60 4. The request to the owner or lienholder for the 61 certificate of title must include a complete description of the 62 motor vehicle or mobile home and the statement that a total loss 63 claim has been paid on the motor vehicle or mobile home. 64 (c) When applying for a salvage certificate of title or 65 certificate of destruction, the owner or insurance company must 66 provide the department with an estimate of the costs of 67 repairing the physical and mechanical damage suffered by the 68 vehicle for which a salvage certificate of title or certificate 69 of destruction is sought. If the estimated costs of repairing 70 the physical and mechanical damage to the mobile home are equal 71 to 80 percent or more of the current retail cost of the mobile 72 home, as established in any official used mobile home guide, the 73 department shall declare the mobile home unrebuildable and print 74 a certificate of destruction, which authorizes the dismantling 75 or destruction of the mobile home. For a late model vehicle with 76 a current retail cost of at least $7,500 just prior to 77 sustaining the damage that resulted in the total loss, as 78 established in any official used car guide or valuation service, 79 if the owner or insurance company determines that the estimated 80 costs of repairing the physical and mechanical damage to the 81 vehicle are equal to 90 percent or more of the current retail 82 cost of the vehicle, as established in any official used motor 83 vehicle guide or valuation service, the department shall declare 84 the vehicle unrebuildable and print a certificate of 85 destruction, which authorizes the dismantling or destruction of 86 the motor vehicle. However, if the damaged motor vehicle is 87 equipped with custom-lowered floors for wheelchair access or a 88 wheelchair lift, the insurance company may, upon determining 89 that the vehicle is repairable to a condition that is safe for 90 operation on public roads, submit the certificate of title to 91 the department for reissuance as a salvage rebuildable title and 92 the addition of a title brand of “insurance-declared total 93 loss.” The certificate of destruction shall be reassignable a 94 maximum of two times before dismantling or destruction of the 95 vehicle is required, and shall accompany the motor vehicle or 96 mobile home for which it is issued, when such motor vehicle or 97 mobile home is sold for such purposes, in lieu of a certificate 98 of title. The department may not issue a certificate of title 99 for that vehicle. This subsection is not applicable if a mobile 100 home is worth less than $1,500 retail just prior to sustaining 101 the damage that resulted in the total loss in any official used 102 mobile home guide or when a stolen motor vehicle or mobile home 103 is recovered in substantially intact condition and is readily 104 resalable without extensive repairs to or replacement of the 105 frame or engine. If a motor vehicle has a current retail cost of 106 less than $7,500 just prior to sustaining the damage that 107 resulted in the total loss, as established in any official used 108 motor vehicle guide or valuation service, or if the vehicle is 109 not a late model vehicle, the owner or insurance company that 110 pays money as compensation for the total loss of the motor 111 vehicle shall obtain a certificate of destruction, if the motor 112 vehicle is damaged, wrecked, or burned to the extent that the 113 only residual value of the motor vehicle is as a source of parts 114 or scrap metal, or if the motor vehicle comes into this state 115 under a title or other ownership document that indicates that 116 the motor vehicle is not repairable, is junked, or is for parts 117 or dismantling only. A person who knowingly violates this 118 paragraph or falsifies documentation to avoid the requirements 119 of this paragraph commits a misdemeanor of the first degree, 120 punishable as provided in s. 775.082 or s. 775.083. 121 122 ================= T I T L E A M E N D M E N T ================ 123 And the title is amended as follows: 124 Between lines 40 and 41 125 insert: 126 319.30, F.S.; authorizing insurance companies to 127 receive a salvage certificate of title or certificate 128 of destruction from the department after a specified 129 number of days after payment of a claim as of a 130 specified date, subject to certain requirements; 131 requiring insurance companies seeking such title or 132 certificate of destruction to follow a specified 133 procedure; providing requirements for the request; 134 amending s.