House Bill hb0661

    Florida House of Representatives - 2002                 HB 661

        By Representative Wiles






  1                      A bill to be entitled

  2         An act relating to vehicle title certificates;

  3         amending s. 319.30, F.S.; redefining the term

  4         "total loss"; providing an effective date.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Paragraph (q) is added to subsection (1) of

  9  section 319.30, Florida Statutes, and subsection (3) of that

10  section is amended to read:

11         319.30  Definitions; dismantling, destruction, change

12  of identity of motor vehicle or mobile home; salvage.--

13         (1)  As used in this section, the term:

14         (q)  "Total loss" means:

15         1.  A motor vehicle or mobile home that has been

16  damaged, destroyed, wrecked, or submerged in water, to the

17  extent that the total estimated or actual cost of parts and

18  labor to rebuild or reconstruct the vehicle or mobile home to

19  its pre-accident condition and for legal operation on the

20  roads or highways exceeds 75 percent of the retail value prior

21  to such damage, as set forth in a current edition of any

22  nationally recognized compilation, including automated

23  databases, of retail values. The value of repair parts for

24  purposes of this subparagraph is to be determined by using the

25  current published retail cost of the original equipment

26  manufacturer parts or the actual retail cost of the repair

27  parts to be used in the repair. The labor cost of repairs for

28  purposes of this subparagraph is to be computed by using the

29  hourly labor rate and time at locations that are reasonable

30  and customary in the automobile repair industry in the

31  community where the repairs are performed; or

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    Florida House of Representatives - 2002                 HB 661

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  1         2.  A motor vehicle or mobile home without regard to

  2  whether it meets the preceding 75-percent threshold with

  3  respect to which an insurance company or self-insurer acquires

  4  ownership pursuant to a damage or theft settlement or the

  5  owner designates as a total loss by applying for a salvage

  6  certificate of title or certificate of destruction.

  7         (3)(a)  As used in this section, a motor vehicle or

  8  mobile home is a "total loss":

  9         1.  When an insurance company pays the vehicle owner to

10  replace the wrecked or damaged vehicle with one of like kind

11  and quality or when an insurance company pays the owner upon

12  the theft of the motor vehicle or mobile home; a motor vehicle

13  or mobile home shall not be considered a "total loss" if the

14  insurance company and the owner agree to repair, rather than

15  to replace, the motor vehicle or mobile home; or

16         2.  When an uninsured motor vehicle or mobile home is

17  wrecked or damaged and the cost, at the time of loss, of

18  repairing or rebuilding the vehicle is 80 percent or more of

19  the cost to the owner of replacing the wrecked or damaged

20  motor vehicle or mobile home with one of like kind and

21  quality.

22         (b)  The owner of any motor vehicle or mobile home

23  which is considered to be salvage shall, within 72 hours after

24  the motor vehicle or mobile home becomes salvage, forward the

25  title to the motor vehicle or mobile home to the department

26  for processing. However, an insurance company which pays money

27  as compensation for total loss of a motor vehicle or mobile

28  home shall obtain the certificate of title for the motor

29  vehicle or mobile home and, within 72 hours after receiving

30  such certificate of title, shall forward such title to the

31  department for processing. The owner or insurance company, as

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    Florida House of Representatives - 2002                 HB 661

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  1  the case may be, may not dispose of a vehicle or mobile home

  2  that is a total loss before it has obtained a salvage

  3  certificate of title or certificate of destruction from the

  4  department. When applying for a salvage certificate of title

  5  or certificate of destruction, the owner or insurance company

  6  must provide the department with an estimate of the costs of

  7  repairing the physical and mechanical damage suffered by the

  8  vehicle for which a salvage certificate of title or

  9  certificate of destruction is sought. If the estimated costs

10  of repairing the physical and mechanical damage to the vehicle

11  are equal to 80 percent or more of the current retail cost of

12  the vehicle, as established in any official used car or used

13  mobile home guide, the department shall declare the vehicle

14  unrebuildable and print a certificate of destruction, which

15  authorizes the dismantling or destruction of the motor vehicle

16  or mobile home described therein. This certificate of

17  destruction shall be reassignable a maximum of two times

18  before dismantling or destruction of the vehicle shall be

19  required, and shall accompany the motor vehicle or mobile home

20  for which it is issued, when such motor vehicle or mobile home

21  is sold for such purposes, in lieu of a certificate of title,

22  and, thereafter, the department shall refuse issuance of any

23  certificate of title for that vehicle. Nothing in this

24  subsection shall be applicable when a vehicle is worth less

25  than $1,500 retail in undamaged condition in any official used

26  motor vehicle guide or used mobile home guide or when a stolen

27  motor vehicle or mobile home is recovered in substantially

28  intact condition and is readily resalable without extensive

29  repairs to or replacement of the frame or engine. Any person

30  who willfully and deliberately violates this paragraph or

31  falsifies any document to avoid the requirements of this

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    Florida House of Representatives - 2002                 HB 661

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  1  paragraph commits a misdemeanor of the first degree,

  2  punishable as provided in s. 775.082 or s. 775.083.

  3         Section 2.  This act shall take effect July 1, 2002.

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  6                          SENATE SUMMARY

  7    Redefines the term "total loss" for purposes of the law
      governing title certificates.
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