| 1 | A bill to be entitled |
| 2 | An act relating to motor vehicle and mobile home title |
| 3 | transfer; amending s. 319.22, F.S.; revising provisions |
| 4 | for limitation of liability for the operation of a motor |
| 5 | vehicle that has been sold or transferred; providing |
| 6 | requirements for notice of transfer to the Department of |
| 7 | Highway Safety and Motor Vehicles; requiring an owner or |
| 8 | coowner who has made a sale or transfer of a motor vehicle |
| 9 | to notify the department; providing requirements for such |
| 10 | notification; providing applicability; requiring the |
| 11 | department to provide certain information to the motor |
| 12 | vehicle owner or coowner when issuing a certificate of |
| 13 | title; amending s. 319.33, F.S.; providing alternate |
| 14 | disposition procedures for certain motor vehicles and |
| 15 | mobile homes abandoned on private property; providing for |
| 16 | issuance by the department of a replacement vehicle |
| 17 | identification number; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Subsection (2) of section 319.22, Florida |
| 22 | Statutes, is amended to read: |
| 23 | 319.22 Transfer of title.-- |
| 24 | (2)(a) An owner or coowner who has made a bona fide sale |
| 25 | or transfer of a motor vehicle or mobile home and has delivered |
| 26 | possession thereof to a purchaser shall not, by reason of any of |
| 27 | the provisions of this chapter, be deemed the owner or coowner |
| 28 | of such vehicle or mobile home so as to be subject to civil |
| 29 | liability for the operation of such vehicle or mobile home |
| 30 | thereafter by another when such owner or coowner has fulfilled |
| 31 | either of the following requirements: |
| 32 | 1.(a) When such owner or coowner has made proper |
| 33 | endorsement and delivery of the certificate of title as provided |
| 34 | by this chapter. Proper endorsement shall be: |
| 35 | a.1. When a motor vehicle or mobile home is registered in |
| 36 | the names of two or more persons as coowners in the alternative |
| 37 | by the use of the word "or," such vehicle shall be held in joint |
| 38 | tenancy. Each coowner shall be deemed to have granted to the |
| 39 | other coowner the absolute right to dispose of the title and |
| 40 | interest in the vehicle or mobile home, and the signature of any |
| 41 | coowner shall constitute proper endorsement. Upon the death of a |
| 42 | coowner, the interest of the decedent shall pass to the survivor |
| 43 | as though title or interest in the vehicle or mobile home was |
| 44 | held in joint tenancy. This provision shall apply even if the |
| 45 | coowners are husband and wife. |
| 46 | b.2. When a vehicle or mobile home is registered in the |
| 47 | names of two or more persons as coowners in the conjunctive by |
| 48 | the use of the word "and," the signature of each coowner or his |
| 49 | or her personal representative shall be required to transfer |
| 50 | title to the vehicle or mobile home. |
| 51 |
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| 52 | The department shall adopt suitable language to appear upon the |
| 53 | certificate of title to effectuate the manner in which the |
| 54 | interest in or title to the motor vehicle or mobile home is |
| 55 | held. |
| 56 | 2.(b) When such owner or coowner has delivered to the |
| 57 | department, or placed in the United States mail, addressed to |
| 58 | the department, either the certificate of title properly |
| 59 | endorsed or a notice in the form prescribed by the department. |
| 60 | In addition to the information required by the department under |
| 61 | this subparagraph, the notice must also contain the information |
| 62 | required under paragraph (b) when the title being transferred is |
| 63 | to a motor vehicle. |
| 64 | (b) An owner or coowner who has made a bona fide sale or |
| 65 | transfer of a motor vehicle and has delivered possession thereof |
| 66 | to a purchaser shall notify the department within 30 days after |
| 67 | the sale or transfer in the form prescribed by the department. |
| 68 | Notice by such owner or coowner under this paragraph shall |
| 69 | satisfy the notice requirement under subparagraph (a)2. for |
| 70 | limitation of liability under paragraph (a). The notification |
| 71 | shall include the vehicle identification number and the buyer's |
| 72 | full first name, middle initial, last name, and personal or |
| 73 | business identification, which may include, but need not be |
| 74 | limited to, a driver's license number, Florida identification |
| 75 | card number, or federal employer identification number, and any |
| 76 | information required by the department. This paragraph shall not |
| 77 | apply to any transfer or sale to or by a licensed motor vehicle |
| 78 | dealer or to an insurer who has taken possession or is taking |
| 79 | possession of the vehicle or the title thereto pursuant to a |
| 80 | policy of insurance. |
| 81 | (c) The department shall inform the motor vehicle owner or |
| 82 | coowner of the requirements of this subsection with the issuance |
| 83 | of each certificate of title to a motor vehicle. The information |
| 84 | may be printed on the certificate of title or on a separate form |
| 85 | that is included with the certificate. |
| 86 | Section 2. Paragraph (a) of subsection (7) of section |
| 87 | 319.33, Florida Statutes, is amended to read: |
| 88 | 319.33 Offenses involving vehicle identification numbers, |
| 89 | applications, certificates, papers; penalty.-- |
| 90 | (7)(a)1. If all identifying numbers of a motor vehicle or |
| 91 | mobile home do not exist or have been destroyed, removed, |
| 92 | covered, altered, or defaced, or if the real identity of the |
| 93 | motor vehicle or mobile home cannot be determined, the motor |
| 94 | vehicle or mobile home shall constitute contraband and shall be |
| 95 | subject to forfeiture by a seizing law enforcement agency, |
| 96 | pursuant to applicable provisions of ss. 932.701-932.704. Such |
| 97 | motor vehicle shall not be operated on the streets and highways |
| 98 | of the state unless, by written order of a court of competent |
| 99 | jurisdiction, the department is directed to assign to the |
| 100 | vehicle a replacement vehicle identification number which shall |
| 101 | thereafter be used for identification purposes. If the motor |
| 102 | vehicle is confiscated from a licensed motor vehicle dealer as |
| 103 | defined in s. 320.27, the dealer's license shall be revoked. |
| 104 | 2. If such motor vehicle or mobile home is found abandoned |
| 105 | on private property and there is no discernable manner by which |
| 106 | an owner, potential owner, or anyone having any interest in the |
| 107 | motor vehicle or mobile home can be ascertained by a law |
| 108 | enforcement agency and the owner of the private property |
| 109 | disclaims any ownership interest in the motor vehicle or mobile |
| 110 | home whatsoever, the law enforcement agency may follow the |
| 111 | procedures for abandoned property contained in s. 705.103 in |
| 112 | lieu of the forfeiture provisions of ss. 932.701-932.704. |
| 113 | Notwithstanding the provisions of subparagraph 1., the |
| 114 | department may assign to such vehicle a replacement vehicle |
| 115 | identification number which shall thereafter be used for |
| 116 | identification purposes, and it shall not be necessary for such |
| 117 | assignment to be directed by court order. |
| 118 | Section 3. This act shall take effect July 1, 2009. |