Florida Senate - 2024                             CS for SB 1350
       
       
        
       By the Committee on Transportation; and Senator DiCeglie
       
       
       
       
       
       596-02420-24                                          20241350c1
    1                        A bill to be entitled                      
    2         An act relating to salvage; amending s. 319.30, F.S.;
    3         revising and defining terms; revising provisions
    4         relating to obtaining a salvage certificate of title
    5         or certificate of destruction; exempting the
    6         Department of Highway Safety and Motor Vehicles from
    7         liability to certain persons as a result of the
    8         issuance of such certificates; providing requirements
    9         for an independent entity’s release of a damaged or
   10         dismantled vessel to the owner; authorizing the
   11         independent entity to apply for certain certificates
   12         for an unclaimed vessel; providing requirements for
   13         such application; specifying provisions to which the
   14         independent entity is subject; prohibiting the
   15         independent entity from charging vessel storage fees;
   16         reenacting ss. 319.14(1)(b) and 319.141(1)(b), F.S.,
   17         relating to the sale of motor vehicles registered or
   18         used as specified vehicles and the definition of the
   19         term “rebuilt inspection services” as used in the
   20         rebuilt motor vehicle inspection program,
   21         respectively, to incorporate the amendment made to s.
   22         319.30, F.S., in references thereto; providing an
   23         effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraphs (g) and (j) of subsection (1),
   28  paragraph (b) of subsection (3), and subsection (9) of section
   29  319.30, Florida Statutes, are amended, and paragraph (y) is
   30  added to subsection (1) of that section, to read:
   31         319.30 Definitions; dismantling, destruction, change of
   32  identity of motor vehicle, vessel, or mobile home; salvage.—
   33         (1) As used in this section, the term:
   34         (g) “Independent entity” means a business or entity that
   35  may temporarily store damaged or dismantled motor vehicles or
   36  vessels pursuant to an agreement with an insurance company and
   37  that is engaged in the sale or resale of damaged or dismantled
   38  motor vehicles or vessels. The term does not include a wrecker
   39  operator, a towing company, or a repair facility.
   40         (j) “Major component parts” means:
   41         1. Except as provided in subparagraph 3., for motor
   42  vehicles other than motorcycles, any fender, hood, bumper, cowl
   43  assembly, rear quarter panel, trunk lid, door, decklid, floor
   44  pan, engine, frame, transmission, catalytic converter, or
   45  airbag.
   46         2. Except as provided in subparagraph 3., for trucks, in
   47  addition to those parts listed in subparagraph 1., any truck
   48  bed, including dump, wrecker, crane, mixer, cargo box, or any
   49  bed which mounts to a truck frame.
   50         3. For electric, hybrid, or plug-in hybrid motor vehicles
   51  or trucks, in addition to the parts listed in subparagraphs 1.
   52  and 2., respectively, any electric traction motor, electronic
   53  transmission, charge port, DC power converter, onboard charger,
   54  power electronics controller, thermal system, traction battery
   55  pack, or airbag.
   56         4. For motorcycles, the body assembly, frame, fenders, gas
   57  tanks, engine, cylinder block, heads, engine case, crank case,
   58  transmission, drive train, front fork assembly, and wheels.
   59         5.4. For mobile homes, the frame.
   60         (y) “Vessel” has the same meaning as in s. 713.78(1)(b).
   61         (3)
   62         (b) The owner, including persons who are self-insured, of a
   63  motor vehicle or mobile home that is considered to be salvage
   64  shall, within 72 hours after the motor vehicle or mobile home
   65  becomes salvage, forward the title to the motor vehicle or
   66  mobile home to the department for processing. However, and
   67  except as provided in this paragraph for a motor vehicle or
   68  mobile home retained by the owner in connection with a total
   69  loss claim settlement, an insurance company that pays money as
   70  compensation for the total loss of a motor vehicle or mobile
   71  home shall obtain the certificate of title for the motor vehicle
   72  or mobile home, make the required notification to the National
   73  Motor Vehicle Title Information System, and, within 72 hours
   74  after receiving such certificate of title, forward such title by
   75  the United States Postal Service, by another commercial delivery
   76  service, or by electronic means, when such means are made
   77  available by the department, to the department for processing.
   78  However, if the owner retains possession of a motor vehicle or
   79  mobile home in connection with a total loss claim settlement for
   80  such motor vehicle or mobile home, the owner must, within 72
   81  hours after the motor vehicle or mobile home becomes salvage, or
   82  the insurance company must, within 72 hours after receiving the
   83  certificate of title for such motor vehicle or mobile home,
   84  forward the certificate of title to the motor vehicle or mobile
   85  home to the department for processing, and the department must
   86  issue a salvage certificate of title or certificate of
   87  destruction directly to the motor vehicle or mobile home owner
   88  rather than to the insurance company or its agent. The owner or
   89  insurance company, as applicable, may not dispose of a motor
   90  vehicle or mobile home that is a total loss before it obtains a
   91  salvage certificate of title or certificate of destruction from
   92  the department. Effective January 1, 2020:
   93         1. Thirty days after payment of a claim for compensation
   94  pursuant to this paragraph, the insurance company may receive a
   95  salvage certificate of title or certificate of destruction from
   96  the department if the insurance company is unable to obtain a
   97  properly assigned paper certificate of title from the owner or
   98  lienholder of the motor vehicle or mobile home or a properly
   99  completed assignment of an electronic certificate of title from
  100  the owner of, if the motor vehicle or mobile home does not carry
  101  an electronic lien on the title and the insurance company:
  102         a. Has obtained the release of all liens on the motor
  103  vehicle or mobile home, or has paid the amount due to the
  104  lienholder and has obtained proof that the lienholder accepts
  105  payment as satisfying the amount due to the lienholder;
  106         b. Has attested on a form provided by the department that
  107  payment of the total loss claim has been distributed; and
  108         c. Has attested on a form provided by the department and
  109  signed by the insurance company or its authorized agent stating
  110  the attempts that have been made to obtain the paper certificate
  111  of title or a properly completed assignment of an electronic
  112  certificate of title from the owner or lienholder and further
  113  stating that all attempts are to no avail. The form must include
  114  a request that the salvage certificate of title or certificate
  115  of destruction be issued in the insurance company’s name due to
  116  payment of a total loss claim to the owner or lienholder. The
  117  attempts to contact the owner or lienholder may be by written
  118  request delivered in person or by first-class mail with a
  119  certificate of mailing to the owner’s last known address or
  120  lienholder’s last known address, respectively.
  121         2. If the owner or lienholder is notified of the request
  122  for title or assignment of title in person, the insurance
  123  company must provide an affidavit attesting to the in-person
  124  request for a certificate of title or assignment of title.
  125         3. The request to the owner or lienholder for the
  126  certificate of title or to the owner or lienholder for the
  127  assignment of title must include a complete description of the
  128  motor vehicle or mobile home and the statement that a total loss
  129  claim has been paid on the motor vehicle or mobile home.
  130         4.The department is not liable and may not be held liable
  131  to an owner, a lienholder, or any other person as a result of
  132  the issuance of a salvage certificate of title or a certificate
  133  of destruction pursuant to subparagraph 1.
  134         (9)(a) An insurance company may notify an independent
  135  entity that obtains possession of a damaged or dismantled motor
  136  vehicle or vessel to release the vehicle or vessel to the owner.
  137  The insurance company shall provide the independent entity a
  138  release statement on a form prescribed by the department
  139  authorizing the independent entity to release the vehicle or
  140  vessel to the owner or lienholder. The form must, at a minimum,
  141  contain the following:
  142         1. The policy and claim number.
  143         2. The name and address of the insured.
  144         3. The vehicle identification number or vessel hull
  145  identification number.
  146         4. The signature of an authorized representative of the
  147  insurance company.
  148         (b) The independent entity in possession of a motor vehicle
  149  or vessel must send a notice to the owner that the motor vehicle
  150  or vessel is available for pickup when it receives a release
  151  statement from the insurance company. The notice must shall be
  152  sent by certified mail or by another commercially available
  153  delivery service that provides proof of delivery to the owner at
  154  the owner’s address contained in the department’s records. The
  155  notice must state that the owner has 30 days after delivery of
  156  the notice to the owner at the owner’s address to pick up the
  157  motor vehicle or vessel from the independent entity. If the
  158  motor vehicle or vessel is not claimed within 30 days after the
  159  delivery or attempted delivery of the notice, the independent
  160  entity may apply for a certificate of destruction, a salvage
  161  certificate of title, or a certificate of title for a motor
  162  vehicle or a certificate of title as defined in s. 328.0015 for
  163  a vessel. For a vessel that is hull damaged as defined in s.
  164  328.0015, the application must indicate “Hull Damaged.
  165         (c) If the department’s records do not contain the owner’s
  166  address, the independent entity must do all of the following:
  167         1. Send a notice that meets the requirements of paragraph
  168  (b) to the owner’s address that is provided by the insurance
  169  company in the release statement.
  170         2. For a motor vehicle, identify the latest titling
  171  jurisdiction of the vehicle through use of the National Motor
  172  Vehicle Title Information System or an equivalent commercially
  173  available system and attempt to obtain the owner’s address from
  174  that jurisdiction. If the jurisdiction returns an address that
  175  is different from the owner’s address provided by the insurance
  176  company, the independent entity must send a notice that meets
  177  the requirements of paragraph (b) to both addresses.
  178         (d) The independent entity shall maintain for at least a
  179  minimum of 3 years the records related to the 30-day notice sent
  180  to the owner. For motor vehicles, the independent entity shall
  181  also maintain for at least 3 years the results of searches of
  182  the National Motor Vehicle Title Information System or an
  183  equivalent commercially available system, and the notification
  184  to the National Motor Vehicle Title Information System made
  185  pursuant to paragraph (e).
  186         (e) The independent entity shall make the required
  187  notification to the National Motor Vehicle Title Information
  188  System before releasing any damaged or dismantled motor vehicle
  189  to the owner or before applying for a certificate of destruction
  190  or salvage certificate of title. The independent entity is not
  191  required to notify the National Motor Vehicle Title Information
  192  System before releasing any damaged or dismantled vessel to the
  193  owner or before applying for a certificate of title as defined
  194  in s. 328.0015.
  195         (f) Upon applying for a certificate of destruction, or
  196  salvage certificate of title, or certificate of title for a
  197  motor vehicle or for a certificate of title as described in
  198  paragraph (b) for a vessel, the independent entity shall provide
  199  a copy of the release statement from the insurance company to
  200  the independent entity, proof of providing the 30-day notice to
  201  the owner, proof of notification to the National Motor Vehicle
  202  Title Information System if required, proof of all lien
  203  satisfactions or proof of a release of all liens on the motor
  204  vehicle or vessel, and applicable fees. If the independent
  205  entity is unable to obtain a lien satisfaction or a release of
  206  all liens on the motor vehicle or vessel, the independent entity
  207  must provide an affidavit stating that notice was sent to all
  208  lienholders that the motor vehicle or vessel is available for
  209  pickup, 30 days have passed since the notice was delivered or
  210  attempted to be delivered pursuant to this section, attempts
  211  have been made to obtain a release from all lienholders, and all
  212  such attempts have been to no avail. The notice to lienholders
  213  and attempts to obtain a release from lienholders may be by
  214  written request delivered in person or by certified mail or
  215  another commercially available delivery service that provides
  216  proof of delivery to the lienholder at the lienholder’s address
  217  as provided on the certificate of title for a motor vehicle or
  218  on the certificate of title as defined in s. 328.0015 for a
  219  vessel and to the address designated with the Department of
  220  State pursuant to s. 655.0201(2) if such address is different.
  221         (g) The independent entity may not charge an owner of the
  222  vehicle or vessel storage fees or apply for a title under s.
  223  713.585 or s. 713.78.
  224         Section 2. For the purpose of incorporating the amendment
  225  made by this act to section 319.30, Florida Statutes, in a
  226  reference thereto, paragraph (b) of subsection (1) of section
  227  319.14, Florida Statutes, is reenacted to read:
  228         319.14 Sale of motor vehicles registered or used as
  229  taxicabs, police vehicles, lease vehicles, rebuilt vehicles,
  230  nonconforming vehicles, custom vehicles, or street rod vehicles;
  231  conversion of low-speed vehicles.—
  232         (1)
  233         (b) A person may not knowingly offer for sale, sell, or
  234  exchange a rebuilt vehicle until the department has stamped in a
  235  conspicuous place on the certificate of title for the vehicle
  236  words stating that the vehicle has been rebuilt or assembled
  237  from parts, or is a kit car, glider kit, replica, flood vehicle,
  238  custom vehicle, or street rod vehicle unless proper application
  239  for a certificate of title for a vehicle that is rebuilt or
  240  assembled from parts, or is a kit car, glider kit, replica,
  241  flood vehicle, custom vehicle, or street rod vehicle has been
  242  made to the department in accordance with this chapter and the
  243  department has conducted the physical examination of the vehicle
  244  to assure the identity of the vehicle and all major component
  245  parts, as defined in s. 319.30(1), which have been repaired or
  246  replaced. Thereafter, the department shall affix a decal to the
  247  vehicle, in the manner prescribed by the department, showing the
  248  vehicle to be rebuilt.
  249         Section 3. For the purpose of incorporating the amendment
  250  made by this act to section 319.30, Florida Statutes, in a
  251  reference thereto, paragraph (b) of subsection (1) of section
  252  319.141, Florida Statutes, is reenacted to read:
  253         319.141 Rebuilt motor vehicle inspection program.—
  254         (1) As used in this section, the term:
  255         (b) “Rebuilt inspection services” means an examination of a
  256  rebuilt vehicle and a properly endorsed certificate of title,
  257  salvage certificate of title, or manufacturer’s statement of
  258  origin and an application for a rebuilt certificate of title, a
  259  rebuilder’s affidavit, a photograph of the junk or salvage
  260  vehicle taken before repairs began, if available, a photograph
  261  of the interior driver and passenger sides of the vehicle if
  262  airbags were previously deployed and replaced, receipts or
  263  invoices for all major component parts, as defined in s. 319.30,
  264  and repairs which were changed, and proof that notice of
  265  rebuilding of the vehicle has been reported to the National
  266  Motor Vehicle Title Information System.
  267         Section 4. This act shall take effect July 1, 2024.