Florida Senate - 2009 SB 906
By Senator Smith
29-00969-09 2009906__
1 A bill to be entitled
2 An act relating to motor vehicle title transfer;
3 amending s. 319.22, F.S.; revising provisions for
4 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
7 of Highway Safety and Motor Vehicles; requiring an
8 owner or coowner who has made a sale or transfer of a
9 motor vehicle to notify the Department of Highway
10 Safety and Motor Vehicles; providing requirements for
11 such notification; providing applicability; requiring
12 the department to provide certain information to the
13 motor vehicle owner or coowner when issuing a
14 certificate of title; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (2) of section 319.22, Florida
19 Statutes, is amended to read:
20 319.22 Transfer of title.—
21 (2)(a) An owner or coowner who has made a bona fide sale or
22 transfer of a motor vehicle or mobile home and has delivered
23 possession thereof to a purchaser shall not, by reason of any of
24 the provisions of this chapter, be deemed the owner or coowner
25 of such vehicle or mobile home so as to be subject to civil
26 liability for the operation of such vehicle or mobile home
27 thereafter by another when such owner or coowner has fulfilled
28 either of the following requirements:
29 1.(a) When such owner or coowner has made proper
30 endorsement and delivery of the certificate of title as provided
31 by this chapter. Proper endorsement shall be:
32 a.1. When a motor vehicle or mobile home is registered in
33 the names of two or more persons as coowners in the alternative
34 by the use of the word “or,” such vehicle shall be held in joint
35 tenancy. Each coowner shall be deemed to have granted to the
36 other coowner the absolute right to dispose of the title and
37 interest in the vehicle or mobile home, and the signature of any
38 coowner shall constitute proper endorsement. Upon the death of a
39 coowner, the interest of the decedent shall pass to the survivor
40 as though title or interest in the vehicle or mobile home was
41 held in joint tenancy. This provision shall apply even if the
42 coowners are husband and wife.
43 b.2. When a vehicle or mobile home is registered in the
44 names of two or more persons as coowners in the conjunctive by
45 the use of the word “and,” the signature of each coowner or his
46 or her personal representative shall be required to transfer
47 title to the vehicle or mobile home.
48 The department shall adopt suitable language to appear upon the
49 certificate of title to effectuate the manner in which the
50 interest in or title to the motor vehicle or mobile home is
51 held.
52 2.(b) When such owner or coowner has delivered to the
53 department, or placed in the United States mail, addressed to
54 the department, either the certificate of title properly
55 endorsed or a notice in the form prescribed by the department.
56 In addition to the information required by the department under
57 this subparagraph, the notice must also contain the information
58 required under paragraph (b) when the title being transferred is
59 to a motor vehicle.
60 (b) An owner or coowner who has made a bona fide sale or
61 transfer of a motor vehicle and has delivered possession thereof
62 to a purchaser shall notify the department within 30 days after
63 the sale or transfer in the form prescribed by the department.
64 Notice by such owner or coowner under this paragraph shall
65 satisfy the notice requirement under subparagraph (a)2. for
66 limitation of liability under paragraph (a). The notification
67 shall include the vehicle identification number and the buyer's
68 full first name, middle initial, last name, and personal or
69 business identification, which may include, but need not be
70 limited to, a driver's license number, Florida identification
71 card number, or federal employer identification number, and any
72 information required by the department. This paragraph shall not
73 apply to any transfer or sale to or by a licensed motor vehicle
74 dealer or to an insurer who has taken possession or is taking
75 possession of the vehicle or the title thereto pursuant to a
76 policy of insurance.
77 (c) The department shall inform the motor vehicle owner or
78 coowner of the requirements of this subsection with the issuance
79 of each certificate of title to a motor vehicle. The information
80 may be printed on the certificate of title or on a separate form
81 that is included with the certificate.
82 Section 2. This act shall take effect July 1, 2009.