Florida Senate - 2019              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 974
       
       
       
       
       
                               Ì141874<Î141874                          
       
       576-03886-19                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    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 an insurance company to provide an
    5         independent entity with a certain release statement
    6         authorizing it to release a vehicle to the lienholder;
    7         authorizing a certain notice sent by certified mail
    8         that a motor vehicle is available for pickup to be
    9         sent by another commercially available delivery
   10         service that provides proof of delivery; requiring the
   11         notice to state that the owner has a specified period
   12         during which to pick up the vehicle; authorizing an
   13         independent entity to apply for a certificate of
   14         destruction or a certificate of title if the vehicle
   15         is not claimed within a specified time after the
   16         delivery or attempted delivery of the notice;
   17         specifying requirements for an independent entity if
   18         the Department of Highway Safety and Motor Vehicles’
   19         records do not contain the owner’s address; requiring
   20         an independent entity to maintain specified records
   21         for a minimum period; requiring an independent entity
   22         to provide proof of all lien satisfactions or proof of
   23         a release of all liens on a motor vehicle upon
   24         applying for a certificate of destruction or salvage
   25         certificate of title; requiring an independent entity
   26         to provide an affidavit with specified statements if
   27         such entity is unable to obtain a lien satisfaction or
   28         a release of all liens on the motor vehicle; providing
   29         that notice to lienholders and attempts to obtain a
   30         release from lienholders may be by certain written
   31         request; amending s. 320.03, F.S.; authorizing
   32         specified entities that process certain transactions
   33         or certificates for derelict or salvage motor vehicles
   34         to be authorized electronic filing system agents;
   35         deleting obsolete provisions; authorizing the
   36         department to adopt rules; providing effective dates.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Subsection (9) of section 319.30, Florida
   41  Statutes, is amended to read:
   42         319.30 Definitions; dismantling, destruction, change of
   43  identity of motor vehicle or mobile home; salvage.—
   44         (9)(a) An insurance company may notify an independent
   45  entity that obtains possession of a damaged or dismantled motor
   46  vehicle to release the vehicle to the owner. The insurance
   47  company shall provide the independent entity a release statement
   48  on a form prescribed by the department authorizing the
   49  independent entity to release the vehicle to the owner or
   50  lienholder. The form must shall, at a minimum, contain the
   51  following:
   52         1. The policy and claim number.
   53         2. The name and address of the insured.
   54         3. The vehicle identification number.
   55         4. The signature of an authorized representative of the
   56  insurance company.
   57         (b) The independent entity in possession of a motor vehicle
   58  must send a notice to the owner that the vehicle is available
   59  for pickup pick up when it receives a release statement from the
   60  insurance company. The notice shall be sent by certified mail or
   61  by another commercially available delivery service that provides
   62  proof of delivery to the owner at the owner’s address contained
   63  reflected in the department’s records. The notice must state
   64  inform the owner that the owner has 30 days after delivery
   65  receipt of the notice to the owner at the owner’s address to
   66  pick up the vehicle from the independent entity. If the motor
   67  vehicle is not claimed within 30 days after the delivery or
   68  attempted delivery of the owner receives the notice, the
   69  independent entity may apply for a certificate of destruction or
   70  a certificate of title.
   71         (c) If the department’s records do not contain the owner’s
   72  address, the independent entity must do all of the following:
   73         1. Send a notice that meets the requirements of paragraph
   74  (b) to the owner’s address that is provided by the insurance
   75  company in the release statement.
   76         2. Identify the latest titling jurisdiction of the vehicle
   77  through use of the National Motor Vehicle Title Information
   78  System or an equivalent commercially available system and
   79  attempt to obtain the owner’s address from that jurisdiction. If
   80  the jurisdiction returns an address that is different from the
   81  owner’s address provided by the insurance company, the
   82  independent entity must send a notice that meets the
   83  requirements of paragraph (b) to both addresses.
   84         (d) The independent entity shall maintain for a minimum of
   85  3 years the records related to the 30-day notice sent to the
   86  owner, the results of searches of the National Motor Vehicle
   87  Title Information System or an equivalent commercially available
   88  system, and the notification to the National Motor Vehicle Title
   89  Information System made pursuant to paragraph (e).
   90         (e)(c) The independent entity shall make the required
   91  notification to the National Motor Vehicle Title Information
   92  System before releasing any damaged or dismantled motor vehicle
   93  to the owner or before applying for a certificate of destruction
   94  or salvage certificate of title.
   95         (f)(d) Upon applying for a certificate of destruction or
   96  salvage certificate of title, the independent entity shall
   97  provide a copy of the release statement from the insurance
   98  company to the independent entity, proof of providing the 30-day
   99  notice to the owner, proof of notification to the National Motor
  100  Vehicle Title Information System, proof of all lien
  101  satisfactions or proof of a release of all liens on the motor
  102  vehicle, and applicable fees. If the independent entity is
  103  unable to obtain a lien satisfaction or a release of all liens
  104  on the motor vehicle, the independent entity must provide an
  105  affidavit stating that notice was sent to all lienholders that
  106  the motor vehicle is available for pickup, 30 days have passed
  107  since the notice was delivered or attempted to be delivered
  108  pursuant to this section, attempts have been made to obtain a
  109  release from all lienholders, and all such attempts have been to
  110  no avail. The notice to lienholders and attempts to obtain a
  111  release from lienholders may be by written request delivered in
  112  person or by certified mail or another commercially available
  113  delivery service that provides proof of delivery to the
  114  lienholder at the lienholder’s address as provided on the
  115  certificate of title and, if the address is different, as
  116  designated with the Department of State pursuant to s.
  117  655.0201(2).
  118         (g)(e) The independent entity may not charge an owner of
  119  the vehicle storage fees or apply for a title under s. 713.585
  120  or s. 713.78.
  121         Section 2. Effective October 1, 2019, subsection (10) of
  122  section 320.03, Florida Statutes, is amended to read:
  123         320.03 Registration; duties of tax collectors;
  124  International Registration Plan.—
  125         (10) Jurisdiction over the electronic filing system for use
  126  by authorized electronic filing system agents to electronically
  127  title or register motor vehicles, vessels, mobile homes, or off
  128  highway vehicles; process title transactions, derelict motor
  129  vehicle certificates, and certificates of destruction for
  130  derelict and salvage motor vehicles pursuant to s. 319.30(2),
  131  (3), (7), and (8); issue or transfer registration license plates
  132  or decals; electronically transfer fees due for the title and
  133  registration process; and perform inquiries for title,
  134  registration, and lienholder verification and certification of
  135  service providers is expressly preempted to the state, and the
  136  department shall have regulatory authority over the system. The
  137  electronic filing system shall be available for use statewide
  138  and applied uniformly throughout the state. An entity that, in
  139  the normal course of its business, sells products that must be
  140  titled or registered or that, provides title and registration
  141  services on behalf of its consumers and a licensed salvage motor
  142  vehicle dealer or motor vehicle auction or insurance company
  143  that, pursuant to s. 319.30(2), (3), (7), or (8) and in the
  144  normal course of its business, processes title transactions,
  145  derelict motor vehicle certificates, or certificates of
  146  destruction for derelict or salvage motor vehicles physically
  147  located in this state, any of which and meets all established
  148  requirements, may be an authorized electronic filing system
  149  agent and is shall not be precluded from participating in the
  150  electronic filing system in any county. Upon request from a
  151  qualified entity, the tax collector shall appoint the entity as
  152  an authorized electronic filing system agent for that county.
  153  The department shall adopt rules in accordance with chapter 120
  154  to replace the December 10, 2009, program standards and to
  155  administer the provisions of this section, including, but not
  156  limited to, establishing participation requirements,
  157  certification of service providers, electronic filing system
  158  requirements, and enforcement authority for noncompliance. The
  159  December 10, 2009, program standards, excluding any standards
  160  which conflict with this subsection, shall remain in effect
  161  until the rules are adopted. An authorized electronic filing
  162  system agent may charge a fee to the customer for use of the
  163  electronic filing system. The department may adopt rules to
  164  administer this subsection, including, but not limited to, rules
  165  establishing participation requirements, certification of
  166  service providers, electronic filing system requirements,
  167  disclosures, and enforcement authority for noncompliance.
  168         Section 3. Except as otherwise expressly provided in this
  169  act, this act shall take effect July 1, 2019.