Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7061, 1st Eng.
       
       
       
       
       
       
                                Ì272370ÅÎ272370                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1b/RE/2R         .                                
             03/10/2016 11:14 PM       .                                
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       Senator Abruzzo moved the following:
       
    1         Senate Amendment to Amendment (588642) (with title
    2  amendment)
    3  
    4         Between lines 822 and 823
    5  insert:
    6         Section 11. Paragraph (b) of subsection (3) of section
    7  319.30, Florida Statutes, is amended, and paragraph (c) is added
    8  to that subsection, to read:
    9         319.30 Definitions; dismantling, destruction, change of
   10  identity of motor vehicle or mobile home; salvage.—
   11         (3)
   12         (b) The owner, including persons who are self-insured, of a
   13  motor vehicle or mobile home that is considered to be salvage
   14  shall, within 72 hours after the motor vehicle or mobile home
   15  becomes salvage, forward the title to the motor vehicle or
   16  mobile home to the department for processing. However, an
   17  insurance company that pays money as compensation for the total
   18  loss of a motor vehicle or mobile home shall obtain the
   19  certificate of title for the motor vehicle or mobile home, make
   20  the required notification to the National Motor Vehicle Title
   21  Information System, and, within 72 hours after receiving such
   22  certificate of title, forward such title to the department for
   23  processing. The owner or insurance company, as applicable, may
   24  not dispose of a vehicle or mobile home that is a total loss
   25  before it obtains a salvage certificate of title or certificate
   26  of destruction from the department. Effective July 1, 2023:
   27         1. Thirty days after payment of a claim for compensation
   28  pursuant to this paragraph, the insurance company may receive a
   29  salvage certificate of title or certificate of destruction from
   30  the department if the insurance company is unable to obtain a
   31  properly assigned certificate of title from the owner or
   32  lienholder of the motor vehicle or mobile home, if the motor
   33  vehicle or mobile home does not carry an electronic lien on the
   34  title and the insurance company:
   35         a. Has obtained the release of all liens on the motor
   36  vehicle or mobile home;
   37         b. Has provided proof of payment of the total loss claim;
   38  and
   39         c. Has provided an affidavit on letterhead signed by the
   40  insurance company or its authorized agent stating the attempts
   41  that have been made to obtain the title from the owner or
   42  lienholder and further stating that all attempts are to no
   43  avail. The affidavit must include a request that the salvage
   44  certificate of title or certificate of destruction be issued in
   45  the insurance company’s name due to payment of a total loss
   46  claim to the owner or lienholder. The attempts to contact the
   47  owner may be by written request delivered in person or by first
   48  class mail with a certificate of mailing to the owner’s or
   49  lienholder’s last known address.
   50         2. If the owner or lienholder is notified of the request
   51  for title in person, the insurance company must provide an
   52  affidavit attesting to the in-person request for a certificate
   53  of title.
   54         3. The request to the owner or lienholder for the
   55  certificate of title must include a complete description of the
   56  motor vehicle or mobile home and the statement that a total loss
   57  claim has been paid on the motor vehicle or mobile home.
   58         (c) When applying for a salvage certificate of title or
   59  certificate of destruction, the owner or insurance company must
   60  provide the department with an estimate of the costs of
   61  repairing the physical and mechanical damage suffered by the
   62  vehicle for which a salvage certificate of title or certificate
   63  of destruction is sought. If the estimated costs of repairing
   64  the physical and mechanical damage to the mobile home are equal
   65  to 80 percent or more of the current retail cost of the mobile
   66  home, as established in any official used mobile home guide, the
   67  department shall declare the mobile home unrebuildable and print
   68  a certificate of destruction, which authorizes the dismantling
   69  or destruction of the mobile home. For a late model vehicle with
   70  a current retail cost of at least $7,500 just prior to
   71  sustaining the damage that resulted in the total loss, as
   72  established in any official used car guide or valuation service,
   73  if the owner or insurance company determines that the estimated
   74  costs of repairing the physical and mechanical damage to the
   75  vehicle are equal to 90 percent or more of the current retail
   76  cost of the vehicle, as established in any official used motor
   77  vehicle guide or valuation service, the department shall declare
   78  the vehicle unrebuildable and print a certificate of
   79  destruction, which authorizes the dismantling or destruction of
   80  the motor vehicle. However, if the damaged motor vehicle is
   81  equipped with custom-lowered floors for wheelchair access or a
   82  wheelchair lift, the insurance company may, upon determining
   83  that the vehicle is repairable to a condition that is safe for
   84  operation on public roads, submit the certificate of title to
   85  the department for reissuance as a salvage rebuildable title and
   86  the addition of a title brand of “insurance-declared total
   87  loss.” The certificate of destruction shall be reassignable a
   88  maximum of two times before dismantling or destruction of the
   89  vehicle is required, and shall accompany the motor vehicle or
   90  mobile home for which it is issued, when such motor vehicle or
   91  mobile home is sold for such purposes, in lieu of a certificate
   92  of title. The department may not issue a certificate of title
   93  for that vehicle. This subsection is not applicable if a mobile
   94  home is worth less than $1,500 retail just prior to sustaining
   95  the damage that resulted in the total loss in any official used
   96  mobile home guide or when a stolen motor vehicle or mobile home
   97  is recovered in substantially intact condition and is readily
   98  resalable without extensive repairs to or replacement of the
   99  frame or engine. If a motor vehicle has a current retail cost of
  100  less than $7,500 just prior to sustaining the damage that
  101  resulted in the total loss, as established in any official used
  102  motor vehicle guide or valuation service, or if the vehicle is
  103  not a late model vehicle, the owner or insurance company that
  104  pays money as compensation for the total loss of the motor
  105  vehicle shall obtain a certificate of destruction, if the motor
  106  vehicle is damaged, wrecked, or burned to the extent that the
  107  only residual value of the motor vehicle is as a source of parts
  108  or scrap metal, or if the motor vehicle comes into this state
  109  under a title or other ownership document that indicates that
  110  the motor vehicle is not repairable, is junked, or is for parts
  111  or dismantling only. A person who knowingly violates this
  112  paragraph or falsifies documentation to avoid the requirements
  113  of this paragraph commits a misdemeanor of the first degree,
  114  punishable as provided in s. 775.082 or s. 775.083.
  115  
  116  ================= T I T L E  A M E N D M E N T ================
  117  And the title is amended as follows:
  118         Delete line 2927
  119  and insert:
  120         operation of autonomous vehicles; amending s. 319.30,
  121         F.S.; authorizing insurance companies to receive a
  122         salvage certificate of title or certificate of
  123         destruction from the Department of Highway Safety and
  124         Motor Vehicles after a specified number of days after
  125         payment of a claim as of a specified date, subject to
  126         certain requirements; requiring insurance companies
  127         seeking such title or certificate of destruction to
  128         follow a specified procedure; providing requirements
  129         for the request; amending s. 320.525,