Florida Senate - 2019 SB 974
By Senator Perry
8-00289B-19 2019974__
1 A bill to be entitled
2 An act relating to damaged, dismantled, derelict, or
3 salvage motor vehicles; amending s. 319.30, F.S.;
4 authorizing a certain notice sent by certified mail
5 that a motor vehicle is available for pickup to be
6 sent by another commercially available delivery
7 service that provides proof of delivery; requiring the
8 notice to state that the owner has a specified period
9 during which to pick up the vehicle; authorizing an
10 independent entity to apply for a certificate of
11 destruction or a certificate of title if the vehicle
12 is not claimed within a specified time after the
13 delivery or attempted delivery of the notice;
14 specifying requirements for an independent entity if
15 the Department of Highway Safety and Motor Vehicles’
16 records do not contain the owner’s address; requiring
17 an independent entity to maintain specified records
18 for a minimum period; authorizing an independent
19 entity to provide an affidavit with specified
20 statements if such entity is unable to obtain a lien
21 satisfaction or a release of all liens on the motor
22 vehicle; providing that notice to lienholders and
23 attempts to obtain a release from lienholders may be
24 by certain written request; amending s. 320.03, F.S.;
25 authorizing an entity that processes certain
26 transactions or certificates for derelict or salvage
27 motor vehicles to be an authorized electronic filing
28 system agent; deleting obsolete provisions;
29 authorizing the department to adopt rules; providing
30 effective dates.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Subsection (9) of section 319.30, Florida
35 Statutes, is amended to read:
36 319.30 Definitions; dismantling, destruction, change of
37 identity of motor vehicle or mobile home; salvage.—
38 (9)(a) An insurance company may notify an independent
39 entity that obtains possession of a damaged or dismantled motor
40 vehicle to release the vehicle to the owner. The insurance
41 company shall provide the independent entity a release statement
42 on a form prescribed by the department authorizing the
43 independent entity to release the vehicle to the owner. The form
44 must shall, at a minimum, contain the following:
45 1. The policy and claim number.
46 2. The name and address of the insured.
47 3. The vehicle identification number.
48 4. The signature of an authorized representative of the
49 insurance company.
50 (b) The independent entity in possession of a motor vehicle
51 must send a notice to the owner that the vehicle is available
52 for pickup pick up when it receives a release statement from the
53 insurance company. The notice shall be sent by certified mail or
54 by another commercially available delivery service that provides
55 proof of delivery to the owner at the owner’s address contained
56 reflected in the department’s records. The notice must state
57 inform the owner that the owner has 30 days after delivery
58 receipt of the notice to the owner at the owner’s address to
59 pick up the vehicle from the independent entity. If the motor
60 vehicle is not claimed within 30 days after the delivery or
61 attempted delivery of the owner receives the notice, the
62 independent entity may apply for a certificate of destruction or
63 a certificate of title.
64 (c) If the department’s records do not contain the owner’s
65 address, the independent entity must do all of the following:
66 1. Send a notice that meets the requirements of paragraph
67 (b) to the owner’s address that is provided by the insurance
68 company in the release statement.
69 2. Identify the latest titling jurisdiction of the vehicle
70 through use of the National Motor Vehicle Title Information
71 System and attempt to obtain the owner’s address from that
72 jurisdiction. If the jurisdiction returns an address that is
73 different from the owner’s address provided by the insurance
74 company, the independent entity must send a notice that meets
75 the requirements of paragraph (b) to both addresses.
76 (d) The independent entity shall maintain for a minimum of
77 3 years the records related to the 30-day notice sent to the
78 owner, the results of any National Motor Vehicle Title
79 Information System searches, and the notification to the
80 National Motor Vehicle Title Information System pursuant to
81 paragraph (e).
82 (e)(c) The independent entity shall make the required
83 notification to the National Motor Vehicle Title Information
84 System before releasing any damaged or dismantled motor vehicle
85 to the owner or before applying for a certificate of destruction
86 or salvage certificate of title.
87 (f)(d) Upon applying for a certificate of destruction or
88 salvage certificate of title, the independent entity shall
89 provide a copy of the release statement from the insurance
90 company to the independent entity, proof of providing the 30-day
91 notice to the owner, proof of notification to the National Motor
92 Vehicle Title Information System, and applicable fees. If the
93 independent entity is unable to obtain a lien satisfaction or a
94 release of all liens on the motor vehicle, the independent
95 entity may provide an affidavit stating that notice was sent to
96 all lienholders that the motor vehicle is available for pickup,
97 30 days have passed since the notice was delivered or attempted
98 to be delivered, attempts have been made to obtain a release
99 from all lienholders, and all such attempts have been to no
100 avail. The notice to lienholders and attempts to obtain a
101 release from lienholders may be by written request delivered in
102 person or by certified mail or another commercially available
103 delivery service that provides proof of delivery to the
104 lienholder at the lienholder’s address.
105 (g)(e) The independent entity may not charge an owner of
106 the vehicle storage fees or apply for a title under s. 713.585
107 or s. 713.78.
108 Section 2. Effective October 1, 2019, subsection (10) of
109 section 320.03, Florida Statutes, is amended to read:
110 320.03 Registration; duties of tax collectors;
111 International Registration Plan.—
112 (10) Jurisdiction over the electronic filing system for use
113 by authorized electronic filing system agents to electronically
114 title or register motor vehicles, vessels, mobile homes, or off
115 highway vehicles; process title transactions, derelict motor
116 vehicle certificates, and certificates of destruction for
117 derelict and salvage motor vehicles pursuant to s. 319.30(2),
118 (3), (7), and (8); issue or transfer registration license plates
119 or decals; electronically transfer fees due for the title and
120 registration process; and perform inquiries for title,
121 registration, and lienholder verification and certification of
122 service providers is expressly preempted to the state, and the
123 department shall have regulatory authority over the system. The
124 electronic filing system shall be available for use statewide
125 and applied uniformly throughout the state. An entity that, in
126 the normal course of its business, sells products that must be
127 titled or registered;, provides title and registration services
128 on behalf of its consumers; or processes title transactions,
129 derelict motor vehicle certificates, or certificates of
130 destruction for derelict or salvage motor vehicles pursuant to
131 s. 319.30(2), (3), (7), or (8) and that meets all established
132 requirements may be an authorized electronic filing system agent
133 and is shall not be precluded from participating in the
134 electronic filing system in any county. Upon request from a
135 qualified entity, the tax collector shall appoint the entity as
136 an authorized electronic filing system agent for that county.
137 The department shall adopt rules in accordance with chapter 120
138 to replace the December 10, 2009, program standards and to
139 administer the provisions of this section, including, but not
140 limited to, establishing participation requirements,
141 certification of service providers, electronic filing system
142 requirements, and enforcement authority for noncompliance. The
143 December 10, 2009, program standards, excluding any standards
144 which conflict with this subsection, shall remain in effect
145 until the rules are adopted. An authorized electronic filing
146 system agent may charge a fee to the customer for use of the
147 electronic filing system. The department may adopt rules to
148 administer this subsection, including, but not limited to, rules
149 establishing participation requirements, certification of
150 service providers, electronic filing system requirements,
151 disclosures, and enforcement authority for noncompliance.
152 Section 3. Except as otherwise expressly provided in this
153 act, this act shall take effect July 1, 2019.