HB 1517 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to damaged or salvage motor vehicles, 2
mobile homes, and vessels; amending s. 319.30, F.S.; 3
revising and providing definitions; revising 4
provisions relating to obtaining a salvage certificate 5
of title or certificate of destruction; exempting the 6
Department of Highway Safety and Motor Vehicles from 7
liability to certain persons as a result of the 8
issuance of such certificate; providing requir ements 9
for an independent entity's release of a damaged or 10
dismantled vessel to the owner; authorizing the 11
independent entity to apply for certain certificates 12
for an unclaimed vessel; providing requirements for 13
such application; specifying provisions to w hich the 14
independent entity is subject; prohibiting the 15
independent entity from charging vessel storage fees; 16
providing an effective date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Paragraphs (g) and (j) of subsection ( 1), 21
paragraph (b) of subsection (3), and subsection (9) of section 22
319.30, Florida Statutes, are amended, and paragraph (y) is 23
added to subsection (1) of that section, to read: 24
319.30 Definitions; dismantling, destruction, change of 25
HB 1517 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
identity of motor veh icle, vessel, or mobile home; salvage. — 26
(1) As used in this section, the term: 27
(g) "Independent entity" means a business or entity that 28
may temporarily store damaged or dismantled motor vehicles or 29
vessels pursuant to an agreement with an insurance com pany and 30
is engaged in the sale or resale of damaged or dismantled motor 31
vehicles or vessels. The term does not include a wrecker 32
operator, a towing company, or a repair facility. 33
(j) "Major component parts" means: 34
1. For motor vehicles other than moto rcycles and electric, 35
hybrid, or plug-in hybrid motor vehicles , any fender, hood, 36
bumper, cowl assembly, rear quarter panel, trunk lid, door, 37
decklid, floor pan, engine, frame, transmission, catalytic 38
converter, or airbag. 39
2. For trucks other than electric, hybrid, or plug-in 40
hybrid motor vehicles , in addition to those parts listed in 41
subparagraph 1., any truck bed, including dump, wrecker, crane, 42
mixer, cargo box, or any bed which mounts to a truck frame. 43
3. For motorcycles, the body assembly, frame, f enders, gas 44
tanks, engine, cylinder block, heads, engine case, crank case, 45
transmission, drive train, front fork assembly, and wheels. 46
4. For mobile homes, the frame. 47
5. For electric, hybrid, or plug -in hybrid motor vehicles, 48
in addition to those parts listed in subparagraph 1., any 49
electric traction motor, electronic transmission, charge port, 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
DC power converter, onboard charger, power electronics 51
controller, thermal system, or traction battery pack. 52
6. For electric, hybrid, or plug -in hybrid trucks, in 53
addition to those parts listed in subparagraph 1., any truck 54
bed, including dump, wrecker, crane, mixer, cargo box, or any 55
bed that mounts to a truck frame, electric traction motor, 56
electronic transmission, charge port, DC power converter, 57
onboard charger, power electronics controller, thermal system, 58
or traction battery pack. 59
(y) "Vessel" has the same meaning as in s. 713.78(1)(b). 60
(3) 61
(b) The owner, including persons who are self -insured, of 62
a motor vehicle or mobile home that is considered to be salvage 63
shall, within 72 hours after the motor vehicle or mobile home 64
becomes salvage, forward the title to the motor vehicle or 65
mobile home to the department for processing. However, except as 66
provided in this paragraph with respect to a motor vehicle or 67
mobile home retained by the owner in connection with a total 68
loss claim settlement, an insurance company that pays money as 69
compensation for the total loss of a motor vehicle or mobile 70
home shall obtain the certificate of title for the motor vehicle 71
or mobile home, make the required notification to the National 72
Motor Vehicle Title Information System, and, within 72 hours 73
after receiving such certificate of title, forward such title by 74
the United States Postal Service, by another commercial delivery 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
service, or by electronic means, when such means are made 76
available by the department, to the department for processing. 77
If the owner, however, retains possession of a motor vehicle or 78
mobile home in connection with a total loss claim settlement for 79
such motor vehicle or mobile home , the owner, within 72 hours 80
after the insurance company and the owner have agreed that such 81
motor vehicle or mobile home is to be retained by the owner, or, 82
if agreed to by the owner and the insurance company, the 83
insurance company, wi thin 72 hours after receiving the 84
certificate of title for such motor vehicle or mobile home, 85
shall forward the certificate of title to the motor vehicle or 86
mobile home to the department for processing, and the department 87
shall issue a salvage certificate of title or certificate of 88
destruction directly to the vehicle owner and not the insurance 89
company or its agent. The owner or insurance company, as 90
applicable, may not dispose of a motor vehicle or mobile home 91
that is a total loss before it obtains a salva ge certificate of 92
title or certificate of destruction from the department. 93
Effective January 1, 2020: 94
1. Thirty days after payment of a claim for compensation 95
pursuant to this paragraph, the insurance company may receive a 96
salvage certificate of title or certificate of destruction from 97
the department if the insurance company is unable to obtain a 98
properly assigned paper certificate of title from the owner or 99
lienholder of the motor vehicle or mobile home or a properly 100
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completed assignment of an electronic certificate of title from 101
the owner of, if the motor vehicle or mobile home does not carry 102
an electronic lien on the title and the insurance company: 103
a. Has obtained the release of all liens on the motor 104
vehicle or mobile home , or has paid the amount du e to the 105
lienholder and has obtained proof that the lienholder accepts 106
payment as satisfying the amount due to the lienholder ; 107
b. Has attested on a form provided by the department that 108
payment of the total loss claim has been distributed; and 109
c. Has attested on a form provided by the department and 110
signed by the insurance company or its authorized agent stating 111
the attempts that have been made to obtain the paper certificate 112
of title or a properly completed assignment of an electronic 113
certificate of title from the owner or lienholder and further 114
stating that all attempts are to no avail. The form must include 115
a request that the salvage certificate of title or certificate 116
of destruction be issued in the insurance company's name due to 117
payment of a total loss claim to the owner or lienholder. The 118
attempts to contact the owner or lienholder may be by written 119
request delivered in person or by first -class mail with a 120
certificate of mailing to the owner's last known address or 121
lienholder's last known address , respectively. 122
2. If the owner or lienholder is notified of the request 123
for title or assignment of title in person, the insurance 124
company must provide an affidavit attesting to the in -person 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
request for a certificate of title or assignment of title . 126
3. The request to the owner or lienholder for the 127
certificate of title or to the owner for the assignment of title 128
must include a complete description of the motor vehicle or 129
mobile home and the statement that a total loss claim has been 130
paid on the motor ve hicle or mobile home. 131
4. The department is not liable and may not be held liable 132
to an owner, a lienholder, or any other person as a result of 133
the issuance of a salvage certificate of title or a certificate 134
of destruction pursuant to subparagraph 1. 135
(9)(a) An insurance company may notify an independent 136
entity that obtains possession of a damaged or dismantled motor 137
vehicle or vessel to release the vehicle or vessel to the owner. 138
The insurance company shall provide the independent entity a 139
release statement on a form prescribed by the department 140
authorizing the independent entity to release the vehicle or 141
vessel to the owner or lienholder. The form must, at a minimum, 142
contain the following: 143
1. The policy and claim number. 144
2. The name and address of th e insured. 145
3. The vehicle identification number or vessel hull 146
identification number . 147
4. The signature of an authorized representative of the 148
insurance company. 149
(b) The independent entity in possession of a motor 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicle or vessel must send a notice to the owner that the 151
vehicle or vessel is available for pickup when it receives a 152
release statement from the insurance company. The notice shall 153
be sent by certified mail or by another commercially available 154
delivery service that provides proof of deliver y to the owner at 155
the owner's address contained in the department's records. The 156
notice must state that the owner has 30 days after delivery of 157
the notice to the owner at the owner's address to pick up the 158
vehicle or vessel from the independent entity. If the motor 159
vehicle or vessel is not claimed within 30 days after the 160
delivery or attempted delivery of the notice, the independent 161
entity may apply for a certificate of destruction , a salvage 162
certificate of title, or a certificate of title for a motor 163
vehicle or for a certificate of title as defined in s. 164
328.0015(1) for a vessel. For a vessel that is hull damaged as 165
defined in s. 328.0015 (1), the application shall indicate "Hull 166
Damaged." 167
(c) If the department's records do not contain the owner's 168
address, the independent entity must do all of the following: 169
1. Send a notice that meets the requirements of paragraph 170
(b) to the owner's address that is provided by the insurance 171
company in the release statement. 172
2. For a motor vehicle, identify the latest t itling 173
jurisdiction of the vehicle through use of the National Motor 174
Vehicle Title Information System or an equivalent commercially 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
available system and attempt to obtain the owner's address from 176
that jurisdiction. If the jurisdiction returns an address th at 177
is different from the owner's address provided by the insurance 178
company, the independent entity must send a notice that meets 179
the requirements of paragraph (b) to both addresses. 180
(d) The independent entity shall maintain for at least a 181
minimum of 3 years the records related to the 30 -day notice sent 182
to the owner. For motor vehicles , the independent entity shall 183
also maintain for at least 3 years the results of searches of 184
the National Motor Vehicle Title Information System or an 185
equivalent commercially available system, and the notification 186
to the National Motor Vehicle Title Information System made 187
pursuant to paragraph (e). 188
(e) The independent entity shall make the required 189
notification to the National Motor Vehicle Title Information 190
System before releasing any damaged or dismantled motor vehicle 191
to the owner or before applying for a certificate of destruction 192
or salvage certificate of title. The independent entity is not 193
required to notify the National Motor Vehicle Title Information 194
System before releasing any damaged or dismantled vessel to the 195
owner or before applying for a certificate of title as defined 196
in s. 328.0015(1). 197
(f) Upon applying for a certificate of destruction , or 198
salvage certificate of title, or certificate of title for a 199
motor vehicle or for a certificate of title as defined in s. 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
328.0015(1) for a vessel, the independent entity shall provide a 201
copy of the release statement from the insurance company to the 202
independent entity, proof of providing the 30 -day notice to the 203
owner, proof of notification to the National Motor Vehicle Title 204
Information System if required, proof of all lien satisfactions 205
or proof of a release of all liens on the motor vehicle or 206
vessel, and applicable fees. If the independent entity is unable 207
to obtain a lien satisfaction or a release of all liens on the 208
motor vehicle or vessel, the independent entity must provide an 209
affidavit stating that notice was sent to all lienholders that 210
the motor vehicle or vessel is available for pickup, 30 days 211
have passed since the notice was delivered or attempted to be 212
delivered pursuant to this section, attempts have been made to 213
obtain a release from all lienholders, and all such attempts 214
have been to no avail. The notice to lienholders and attempts to 215
obtain a release from lienholders may be by written request 216
delivered in person or by certified mail or another commercially 217
available delivery service that provides proof of delivery to 218
the lienholder at the lienholder's address as provided on the 219
certificate of title for a motor vehicle or on the certificate 220
of title as defined in s. 328.0015 (1) for a vessel and to the 221
address designated with the Department of State pursuant to s. 222
655.0201(2) if such address is different. 223
(g) The independent entity may not charge an owner of the 224
vehicle or vessel storage fees or apply for a title under s. 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
713.585 or s. 713.78. 226
Section 2. This act shall take effect July 1, 2024. 227