Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1392
       
       
       
       
       
       
                                Ì911814ÂÎ911814                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: NC/2R          .                                
             03/10/2016 05:28 PM       .                                
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       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,