Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 754
Ì954976_Î954976
LEGISLATIVE ACTION
Senate . House
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following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present paragraphs (o) through (w) of subsection
6 (1) of section 319.30, Florida Statutes, are redesignated as
7 paragraphs (p) through (x), respectively, and a new paragraph
8 (o) is added to that subsection, and paragraph (b) of subsection
9 (3) of that section is amended, to read:
10 319.30 Definitions; dismantling, destruction, change of
11 identity of motor vehicle or mobile home; salvage.—
12 (1) As used in this section, the term:
13 (o) “New model vehicle” means a motor vehicle that has a
14 manufacturer’s model year designation of the year in which the
15 vehicle was wrecked or damaged or any of the immediately
16 preceding 5 years.
17 (3)
18 (b) The owner, including persons who are self-insured, of a
19 any motor vehicle or mobile home that which is considered to be
20 salvage shall, within 72 hours after the motor vehicle or mobile
21 home becomes salvage, forward the title to the motor vehicle or
22 mobile home to the department for processing. However, an
23 insurance company that which pays money as compensation for the
24 total loss of a motor vehicle or mobile home shall obtain the
25 certificate of title for the motor vehicle or mobile home, make
26 the required notification to the National Motor Vehicle Title
27 Information System, and, within 72 hours after receiving such
28 certificate of title, shall forward such title to the department
29 for processing. The owner or insurance company, as applicable
30 the case may be, may not dispose of a vehicle or mobile home
31 that is a total loss before it obtains has obtained a salvage
32 certificate of title or certificate of destruction from the
33 department. When applying for a salvage certificate of title or
34 certificate of destruction, the owner or insurance company must
35 provide the department with an estimate of the costs of
36 repairing the physical and mechanical damage suffered by the
37 vehicle for which a salvage certificate of title or certificate
38 of destruction is sought. If the estimated costs of repairing
39 the physical and mechanical damage to the mobile home vehicle
40 are equal to 80 percent or more of the current retail cost of
41 the mobile home vehicle, as established in any official used car
42 or used mobile home guide, the department shall declare the
43 mobile home vehicle unrebuildable and print a certificate of
44 destruction, which authorizes the dismantling or destruction of
45 the motor vehicle or mobile home described therein. For a new
46 model vehicle with a current retail cost of at least $10,000
47 just prior to sustaining the damage that resulted in the total
48 loss, as established in any official used car guide, if the
49 owner or insurance company determines that the estimated costs
50 of repairing the physical and mechanical damage to the vehicle
51 are equal to 100 percent or more of the current retail cost of
52 the vehicle, as established in any official used motor vehicle
53 guide, the department shall declare the vehicle unrebuildable
54 and print a certificate of destruction, which authorizes the
55 dismantling or destruction of the motor vehicle. However, if the
56 damaged motor vehicle is equipped with custom-lowered floors for
57 wheelchair access or a wheelchair lift, the insurance company
58 may, upon determining that the vehicle is repairable to a
59 condition that is safe for operation on public roads, submit the
60 certificate of title to the department for reissuance as a
61 salvage rebuildable title and the addition of a title brand of
62 “insurance-declared total loss.” The certificate of destruction
63 shall be reassignable a maximum of two times before dismantling
64 or destruction of the vehicle is shall be required, and shall
65 accompany the motor vehicle or mobile home for which it is
66 issued, when such motor vehicle or mobile home is sold for such
67 purposes, in lieu of a certificate of title., and, thereafter,
68 The department may not issue a shall refuse issuance of any
69 certificate of title for that vehicle. Nothing in This
70 subsection is not shall be applicable if when a mobile home
71 vehicle is worth less than $1,500 retail just prior to
72 sustaining the damage that resulted in the total loss in
73 undamaged condition in any official used motor vehicle guide or
74 used mobile home guide or when a stolen motor vehicle or mobile
75 home is recovered in substantially intact condition and is
76 readily resalable without extensive repairs to or replacement of
77 the frame or engine. If a motor vehicle has a current retail
78 cost of less than $10,000 just prior to sustaining the damage
79 that resulted in the total loss, as established in any official
80 used motor vehicle guide, or if the vehicle is not a new model
81 vehicle, the owner or insurance company that pays money as
82 compensation for the total loss of the motor vehicle shall
83 obtain a certificate of destruction, if the motor vehicle is
84 damaged, wrecked, or burned to the extent that the only residual
85 value of the motor vehicle is as a source of parts or scrap
86 metal, or if the motor vehicle comes into this state under a
87 title or other ownership document that indicates that the motor
88 vehicle is not repairable, is junked, or is for parts or
89 dismantling only. A Any person who knowingly violates this
90 paragraph or falsifies documentation any document to avoid the
91 requirements of this paragraph commits a misdemeanor of the
92 first degree, punishable as provided in s. 775.082 or s.
93 775.083.
94 Section 2. This act shall take effect July 1, 2014.
95
96 ================= T I T L E A M E N D M E N T ================
97 And the title is amended as follows:
98 Delete everything before the enacting clause
99 and insert:
100 A bill to be entitled
101 An act relating to certificates of destruction;
102 amending s. 319.30, F.S.; defining a term; revising
103 requirements for the Department of Highway Safety and
104 Motor Vehicles to declare certain mobile homes and
105 motor vehicles unrebuildable and to issue a
106 certificate of destruction; authorizing the department
107 to issue certificates of destruction for motor
108 vehicles that are worth less than a specified amount
109 and are above a certain age under certain
110 circumstances; providing an effective date.