Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 454
Barcode 880872
CHAMBER ACTION
Senate House
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11 The Committee on Governmental Oversight and Productivity
12 (Sebesta) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 8, between lines 25 and 26,
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17 insert:
18 Section 8. Paragraph (b) of subsection (3) of section
19 319.30, Florida Statutes, is amended to read:
20 319.30 Definitions; dismantling, destruction, change
21 of identity of motor vehicle or mobile home; salvage.--
22 (3) (b) The owner, including persons who are
23 self-insured, of any motor vehicle or mobile home which is
24 considered to be salvage shall, within 72 hours after the
25 motor vehicle or mobile home becomes salvage, forward the
26 title to the motor vehicle or mobile home to the department
27 for processing. However, an insurance company which pays money
28 as compensation for total loss of a motor vehicle or mobile
29 home shall obtain the certificate of title for the motor
30 vehicle or mobile home and, within 72 hours after receiving
31 such certificate of title, shall forward such title to the
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 454
Barcode 880872
1 department for processing. The owner or insurance company, as
2 the case may be, may not dispose of a vehicle or mobile home
3 that is a total loss before it has obtained a salvage
4 certificate of title or certificate of destruction from the
5 department. When applying for a salvage certificate of title
6 or certificate of destruction, the owner or insurance company
7 must provide the department with an estimate of the costs of
8 repairing the physical and mechanical damage suffered by the
9 vehicle for which a salvage certificate of title or
10 certificate of destruction is sought. If the estimated costs
11 of repairing the physical and mechanical damage to the vehicle
12 are equal to 80 percent or more of the current retail cost of
13 the vehicle, as established in any official used car or used
14 mobile home guide, the department shall declare the vehicle
15 unrebuildable and print a certificate of destruction, which
16 authorizes the dismantling or destruction of the motor vehicle
17 or mobile home described therein. However, if the damaged
18 motor vehicle is equipped with custom lowered floors for
19 wheelchair access or a wheelchair lift, the insurance company
20 may, upon determining the vehicle is repairable to a condition
21 that is safe for operation on public roads, submit the
22 certificate of title to the department for reissuance as a
23 salvage rebuildable title and the addition of a title brand of
24 "insurance declared total loss". This certificate of
25 destruction shall be reassignable a maximum of two times
26 before dismantling or destruction of the vehicle shall be
27 required, and shall accompany the motor vehicle or mobile home
28 for which it is issued, when such motor vehicle or mobile home
29 is sold for such purposes, in lieu of a certificate of title,
30 and, thereafter, the department shall refuse issuance of any
31 certificate of title for that vehicle. Nothing in this
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 454
Barcode 880872
1 subsection shall be applicable when a vehicle is worth less
2 than $1,500 retail in undamaged condition in any official used
3 motor vehicle guide or used mobile home guide or when a stolen
4 motor vehicle or mobile home is recovered in substantially
5 intact condition and is readily resalable without extensive
6 repairs to or replacement of the frame or engine. Any person
7 who willfully and deliberately violates this paragraph or
8 falsifies any document to avoid the requirements of this
9 paragraph commits a misdemeanor of the first degree,
10 punishable as provided in s. 775.082 or s. 775.083.
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12 (Redesignate subsequent sections.)
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15 ================ T I T L E A M E N D M E N T ===============
16 And the title is amended as follows:
17 On page 1, line 25, after the semicolon
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19 insert:
20 amending s. 319.30, F.S.; revising provisions
21 relating to applicability of certificate of
22 destruction requirements for certain damaged
23 vehicles;
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