Florida Senate - 2016 SENATOR AMENDMENT Bill No. CS for CS for SB 1392 Ì911814ÂÎ911814 LEGISLATIVE ACTION Senate . House . . . Floor: NC/2R . 03/10/2016 05:28 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Abruzzo moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 378 and 379 4 insert: 5 Section 11. Paragraph (b) of subsection (3) of section 6 319.30, Florida Statutes, is amended, and paragraph (c) is added 7 to that subsection, to read: 8 319.30 Definitions; dismantling, destruction, change of 9 identity of motor vehicle or mobile home; salvage.— 10 (3) 11 (b) The owner, including persons who are self-insured, of a 12 motor vehicle or mobile home that is considered to be salvage 13 shall, within 72 hours after the motor vehicle or mobile home 14 becomes salvage, forward the title to the motor vehicle or 15 mobile home to the department for processing. However, an 16 insurance company that pays money as compensation for the total 17 loss of a motor vehicle or mobile home shall obtain the 18 certificate of title for the motor vehicle or mobile home, make 19 the required notification to the National Motor Vehicle Title 20 Information System, and, within 72 hours after receiving such 21 certificate of title, forward such title to the department for 22 processing. The owner or insurance company, as applicable, may 23 not dispose of a vehicle or mobile home that is a total loss 24 before it obtains a salvage certificate of title or certificate 25 of destruction from the department. Effective July 1, 2023: 26 1. Thirty days after payment of a claim for compensation 27 pursuant to this paragraph, the insurance company may receive a 28 salvage certificate of title or certificate of destruction from 29 the department if the insurance company is unable to obtain a 30 properly assigned certificate of title from the owner or 31 lienholder of the motor vehicle or mobile home, if the motor 32 vehicle or mobile home does not carry an electronic lien on the 33 title and the insurance company: 34 a. Has obtained the release of all liens on the motor 35 vehicle or mobile home; 36 b. Has provided proof of payment of the total loss claim; 37 and 38 c. Has provided an affidavit on letterhead signed by the 39 insurance company or its authorized agent stating the attempts 40 that have been made to obtain the title from the owner or 41 lienholder and further stating that all attempts are to no 42 avail. The affidavit must include a request that the salvage 43 certificate of title or certificate of destruction be issued in 44 the insurance company’s name due to payment of a total loss 45 claim to the owner or lienholder. The attempts to contact the 46 owner may be by written request delivered in person or by first 47 class mail with a certificate of mailing to the owner’s or 48 lienholder’s last known address. 49 2. If the owner or lienholder is notified of the request 50 for title in person, the insurance company must provide an 51 affidavit attesting to the in-person request for a certificate 52 of title. 53 3. The request to the owner or lienholder for the 54 certificate of title must include a complete description of the 55 motor vehicle or mobile home and the statement that a total loss 56 claim has been paid on the motor vehicle or mobile home. 57 (c) When applying for a salvage certificate of title or 58 certificate of destruction, the owner or insurance company must 59 provide the department with an estimate of the costs of 60 repairing the physical and mechanical damage suffered by the 61 vehicle for which a salvage certificate of title or certificate 62 of destruction is sought. If the estimated costs of repairing 63 the physical and mechanical damage to the mobile home are equal 64 to 80 percent or more of the current retail cost of the mobile 65 home, as established in any official used mobile home guide, the 66 department shall declare the mobile home unrebuildable and print 67 a certificate of destruction, which authorizes the dismantling 68 or destruction of the mobile home. For a late model vehicle with 69 a current retail cost of at least $7,500 just prior to 70 sustaining the damage that resulted in the total loss, as 71 established in any official used car guide or valuation service, 72 if the owner or insurance company determines that the estimated 73 costs of repairing the physical and mechanical damage to the 74 vehicle are equal to 90 percent or more of the current retail 75 cost of the vehicle, as established in any official used motor 76 vehicle guide or valuation service, the department shall declare 77 the vehicle unrebuildable and print a certificate of 78 destruction, which authorizes the dismantling or destruction of 79 the motor vehicle. However, if the damaged motor vehicle is 80 equipped with custom-lowered floors for wheelchair access or a 81 wheelchair lift, the insurance company may, upon determining 82 that the vehicle is repairable to a condition that is safe for 83 operation on public roads, submit the certificate of title to 84 the department for reissuance as a salvage rebuildable title and 85 the addition of a title brand of “insurance-declared total 86 loss.” The certificate of destruction shall be reassignable a 87 maximum of two times before dismantling or destruction of the 88 vehicle is required, and shall accompany the motor vehicle or 89 mobile home for which it is issued, when such motor vehicle or 90 mobile home is sold for such purposes, in lieu of a certificate 91 of title. The department may not issue a certificate of title 92 for that vehicle. This subsection is not applicable if a mobile 93 home is worth less than $1,500 retail just prior to sustaining 94 the damage that resulted in the total loss in any official used 95 mobile home guide or when a stolen motor vehicle or mobile home 96 is recovered in substantially intact condition and is readily 97 resalable without extensive repairs to or replacement of the 98 frame or engine. If a motor vehicle has a current retail cost of 99 less than $7,500 just prior to sustaining the damage that 100 resulted in the total loss, as established in any official used 101 motor vehicle guide or valuation service, or if the vehicle is 102 not a late model vehicle, the owner or insurance company that 103 pays money as compensation for the total loss of the motor 104 vehicle shall obtain a certificate of destruction, if the motor 105 vehicle is damaged, wrecked, or burned to the extent that the 106 only residual value of the motor vehicle is as a source of parts 107 or scrap metal, or if the motor vehicle comes into this state 108 under a title or other ownership document that indicates that 109 the motor vehicle is not repairable, is junked, or is for parts 110 or dismantling only. A person who knowingly violates this 111 paragraph or falsifies documentation to avoid the requirements 112 of this paragraph commits a misdemeanor of the first degree, 113 punishable as provided in s. 775.082 or s. 775.083. 114 115 ================= T I T L E A M E N D M E N T ================ 116 And the title is amended as follows: 117 Delete line 51 118 and insert: 119 operation of autonomous vehicles; amending s. 319.30, 120 F.S.; authorizing insurance companies to receive a 121 salvage certificate of title or certificate of 122 destruction from the Department of Highway Safety and 123 Motor Vehicles after a specified number of days after 124 payment of a claim as of a specified date, subject to 125 certain requirements; requiring insurance companies 126 seeking such title or certificate of destruction to 127 follow a specified procedure; providing requirements 128 for the request; amending s. 320.525,