CS/HB 1517 2024 CODING: Words stricken are deletions; words underlined are additions. hb1517-01-c1 Page 1 of 10 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 CS/HB 1517 2024 CODING: Words stricken are deletions; words underlined are additions. hb1517-01-c1 Page 2 of 10 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 CS/HB 1517 2024 CODING: Words stricken are deletions; words underlined are additions. hb1517-01-c1 Page 3 of 10 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 CS/HB 1517 2024 CODING: Words stricken are deletions; words underlined are additions. hb1517-01-c1 Page 4 of 10 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 connecti on with a total loss claim settlement for 79 such motor vehicle or mobile home, the owner must, within 72 80 hours after the motor vehicle or mobile home becomes salvage, or 81 the insurance company must, within 72 hours after receiving the 82 certificate of title for such motor vehicle or mobile home, 83 forward the certificate of title to the motor vehicle or mobile 84 home to the department for processing, and the department must 85 issue a salvage certificate of title or certificate of 86 destruction from the department direct ly to the owner and not to 87 the insurance company or its agent. The owner or insurance 88 company, as applicable, may not dispose of a motor vehicle or 89 mobile home that is a total loss before it obtains a salvage 90 certificate of title or certificate of destruct ion from the 91 department. Effective January 1, 2020: 92 1. Thirty days after payment of a claim for compensation 93 pursuant to this paragraph, the insurance company may receive a 94 salvage certificate of title or certificate of destruction from 95 the department if the insurance company is unable to obtain a 96 properly assigned paper certificate of title from the owner or 97 lienholder of the motor vehicle or mobile home or a properly 98 completed assignment of an electronic certificate of title from 99 the owner of, if the motor vehicle or mobile home does not carry 100 CS/HB 1517 2024 CODING: Words stricken are deletions; words underlined are additions. hb1517-01-c1 Page 5 of 10 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 an electronic lien on the title and the insurance company: 101 a. Has obtained the release of all liens on the motor 102 vehicle or mobile home , or has paid the amount due to the 103 lienholder and has obtained proof that th e lienholder accepts 104 payment as satisfying the amount due to the lienholder ; 105 b. Has attested on a form provided by the department that 106 payment of the total loss claim has been distributed; and 107 c. Has attested on a form provided by the department and 108 signed by the insurance company or its authorized agent stating 109 the attempts that have been made to obtain the paper certificate 110 of title or a properly completed assignment of an electronic 111 certificate of title from the owner or lienholder and further 112 stating that all attempts are to no avail. The form must include 113 a request that the salvage certificate of title or certificate 114 of destruction be issued in the insurance company's name due to 115 payment of a total loss claim to the owner or lienholder. The 116 attempts to contact the owner or lienholder may be by written 117 request delivered in person or by first -class mail with a 118 certificate of mailing to the owner's last known address or 119 lienholder's last known address , respectively. 120 2. If the owner or lienholder is no tified of the request 121 for title or assignment of title in person, the insurance 122 company must provide an affidavit attesting to the in -person 123 request for a certificate of title or assignment of title . 124 3. The request to the owner or lienholder for the 125 CS/HB 1517 2024 CODING: Words stricken are deletions; words underlined are additions. hb1517-01-c1 Page 6 of 10 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 certificate of title or to the owner for the assignment of title 126 must include a complete description of the motor vehicle or 127 mobile home and the statement that a total loss claim has been 128 paid on the motor vehicle or mobile home. 129 4. The department is not lia ble and may not be held liable 130 to an owner, a lienholder, or any other person as a result of 131 the issuance of a salvage certificate of title or a certificate 132 of destruction pursuant to subparagraph 1. 133 (9)(a) An insurance company may notify an independent 134 entity that obtains possession of a damaged or dismantled motor 135 vehicle or vessel to release the vehicle or vessel to the owner. 136 The insurance company shall provide the independent entity a 137 release statement on a form prescribed by the department 138 authorizing the independent entity to release the vehicle or 139 vessel to the owner or lienholder. The form must, at a minimum, 140 contain the following: 141 1. The policy and claim number. 142 2. The name and address of the insured. 143 3. The vehicle identification number or vessel hull 144 identification number . 145 4. The signature of an authorized representative of the 146 insurance company. 147 (b) The independent entity in possession of a motor 148 vehicle or vessel must send a notice to the owner that the 149 vehicle or vessel is available for pickup when it receives a 150 CS/HB 1517 2024 CODING: Words stricken are deletions; words underlined are additions. hb1517-01-c1 Page 7 of 10 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 release statement from the insurance company. The notice shall 151 be sent by certified mail or by another commercially available 152 delivery service that provides proof of delivery to the owner at 153 the owner's address contained in t he department's records. The 154 notice must state that the owner has 30 days after delivery of 155 the notice to the owner at the owner's address to pick up the 156 vehicle or vessel from the independent entity. If the motor 157 vehicle or vessel is not claimed within 30 days after the 158 delivery or attempted delivery of the notice, the independent 159 entity may apply for a certificate of destruction , a salvage 160 certificate of title, or a certificate of title for a motor 161 vehicle or for a certificate of title as defined in s. 162 328.0015(1) for a vessel. For a vessel that is hull damaged as 163 defined in s. 328.0015(1), the application shall indicate "Hull 164 Damaged." 165 (c) If the department's records do not contain the owner's 166 address, the independent entity must do all of the following : 167 1. Send a notice that meets the requirements of paragraph 168 (b) to the owner's address that is provided by the insurance 169 company in the release statement. 170 2. For a motor vehicle, identify the latest titling 171 jurisdiction of the vehicle through use of th e National Motor 172 Vehicle Title Information System or an equivalent commercially 173 available system and attempt to obtain the owner's address from 174 that jurisdiction. If the jurisdiction returns an address that 175 CS/HB 1517 2024 CODING: Words stricken are deletions; words underlined are additions. hb1517-01-c1 Page 8 of 10 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 is different from the owner's address provided by the insurance 176 company, the independent entity must send a notice that meets 177 the requirements of paragraph (b) to both addresses. 178 (d) The independent entity shall maintain for at least a 179 minimum of 3 years the records related to the 30 -day notice sent 180 to the owner. For motor vehicles , the independent entity shall 181 also maintain for at least 3 years the results of searches of 182 the National Motor Vehicle Title Information System or an 183 equivalent commercially available system , and the notification 184 to the National Motor Vehicle Title Information System made 185 pursuant to paragraph (e). 186 (e) The independent entity shall make the required 187 notification to the National Motor Vehicle Title Information 188 System before releasing any damaged or dismantled motor vehicle 189 to the owner or before applying for a certificate of destruction 190 or salvage certificate of title. The independent entity is not 191 required to notify the National Motor Vehicle Title Information 192 System before releasing any damaged or dismantled vesse l to the 193 owner or before applying for a certificate of title as defined 194 in s. 328.0015(1). 195 (f) Upon applying for a certificate of destruction or 196 salvage certificate of title for a motor vehicle, or for a 197 certificate of title or a certificate of title whi ch indicates 198 "Hull Damaged" as described in paragraph (b) for a vessel , the 199 independent entity shall provide a copy of the release statement 200 CS/HB 1517 2024 CODING: Words stricken are deletions; words underlined are additions. hb1517-01-c1 Page 9 of 10 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 from the insurance company to the independent entity, proof of 201 providing the 30-day notice to the owner, proof of n otification 202 to the National Motor Vehicle Title Information System if 203 required, proof of all lien satisfactions or proof of a release 204 of all liens on the motor vehicle or vessel, and applicable 205 fees. If the independent entity is unable to obtain a lien 206 satisfaction or a release of all liens on the motor vehicle or 207 vessel, the independent entity must provide an affidavit stating 208 that notice was sent to all lienholders that the motor vehicle 209 or vessel is available for pickup, 30 days have passed since the 210 notice was delivered or attempted to be delivered pursuant to 211 this section, attempts have been made to obtain a release from 212 all lienholders, and all such attempts have been to no avail. 213 The notice to lienholders and attempts to obtain a release from 214 lienholders may be by written request delivered in person or by 215 certified mail or another commercially available delivery 216 service that provides proof of delivery to the lienholder at the 217 lienholder's address as provided on the certificate of title for 218 a motor vehicle or on the certificate of title as defined in s. 219 328.0015(1) for a vessel and to the address designated with the 220 Department of State pursuant to s. 655.0201(2) if such address 221 is different. 222 (g) The independent entity may not charge an owner of the 223 vehicle or vessel storage fees or apply for a title under s. 224 713.585 or s. 713.78. 225 CS/HB 1517 2024 CODING: Words stricken are deletions; words underlined are additions. hb1517-01-c1 Page 10 of 10 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 Section 2. This act shall take effect July 1, 2024. 226