FL
Florida House Bill H1517

Florida 2024 Regular Session

Florida House Bill H1517 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to damaged or salvage motor vehicles, 2
1616 mobile homes, and vessels; amending s. 319.30, F.S.; 3
1717 revising and providing definitions; revising 4
1818 provisions relating to obtaining a salvage certificate 5
1919 of title or certificate of destruction; exempting the 6
2020 Department of Highway Safety and Motor Vehicles from 7
2121 liability to certain persons as a result of the 8
2222 issuance of such certificate; providing requir ements 9
2323 for an independent entity's release of a damaged or 10
2424 dismantled vessel to the owner; authorizing the 11
2525 independent entity to apply for certain certificates 12
2626 for an unclaimed vessel; providing requirements for 13
2727 such application; specifying provisions to w hich the 14
2828 independent entity is subject; prohibiting the 15
2929 independent entity from charging vessel storage fees; 16
3030 providing an effective date. 17
3131 18
3232 Be It Enacted by the Legislature of the State of Florida: 19
3333 20
3434 Section 1. Paragraphs (g) and (j) of subsection ( 1), 21
3535 paragraph (b) of subsection (3), and subsection (9) of section 22
3636 319.30, Florida Statutes, are amended, and paragraph (y) is 23
3737 added to subsection (1) of that section, to read: 24
3838 319.30 Definitions; dismantling, destruction, change of 25
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4747 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
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5151 identity of motor veh icle, vessel, or mobile home; salvage. — 26
5252 (1) As used in this section, the term: 27
5353 (g) "Independent entity" means a business or entity that 28
5454 may temporarily store damaged or dismantled motor vehicles or 29
5555 vessels pursuant to an agreement with an insurance com pany and 30
5656 is engaged in the sale or resale of damaged or dismantled motor 31
5757 vehicles or vessels. The term does not include a wrecker 32
5858 operator, a towing company, or a repair facility. 33
5959 (j) "Major component parts" means: 34
6060 1. For motor vehicles other than moto rcycles and electric, 35
6161 hybrid, or plug-in hybrid motor vehicles , any fender, hood, 36
6262 bumper, cowl assembly, rear quarter panel, trunk lid, door, 37
6363 decklid, floor pan, engine, frame, transmission, catalytic 38
6464 converter, or airbag. 39
6565 2. For trucks other than electric, hybrid, or plug-in 40
6666 hybrid motor vehicles , in addition to those parts listed in 41
6767 subparagraph 1., any truck bed, including dump, wrecker, crane, 42
6868 mixer, cargo box, or any bed which mounts to a truck frame. 43
6969 3. For motorcycles, the body assembly, frame, f enders, gas 44
7070 tanks, engine, cylinder block, heads, engine case, crank case, 45
7171 transmission, drive train, front fork assembly, and wheels. 46
7272 4. For mobile homes, the frame. 47
7373 5. For electric, hybrid, or plug -in hybrid motor vehicles, 48
7474 in addition to those parts listed in subparagraph 1., any 49
7575 electric traction motor, electronic transmission, charge port, 50
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8484 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
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8888 DC power converter, onboard charger, power electronics 51
8989 controller, thermal system, or traction battery pack. 52
9090 6. For electric, hybrid, or plug -in hybrid trucks, in 53
9191 addition to those parts listed in subparagraph 1., any truck 54
9292 bed, including dump, wrecker, crane, mixer, cargo box, or any 55
9393 bed that mounts to a truck frame, electric traction motor, 56
9494 electronic transmission, charge port, DC power converter, 57
9595 onboard charger, power electronics controller, thermal system, 58
9696 or traction battery pack. 59
9797 (y) "Vessel" has the same meaning as in s. 713.78(1)(b). 60
9898 (3) 61
9999 (b) The owner, including persons who are self -insured, of 62
100100 a motor vehicle or mobile home that is considered to be salvage 63
101101 shall, within 72 hours after the motor vehicle or mobile home 64
102102 becomes salvage, forward the title to the motor vehicle or 65
103103 mobile home to the department for processing. However, except as 66
104104 provided in this paragraph with respect to a motor vehicle or 67
105105 mobile home retained by the owner in connection with a total 68
106106 loss claim settlement, an insurance company that pays money as 69
107107 compensation for the total loss of a motor vehicle or mobile 70
108108 home shall obtain the certificate of title for the motor vehicle 71
109109 or mobile home, make the required notification to the National 72
110110 Motor Vehicle Title Information System, and, within 72 hours 73
111111 after receiving such certificate of title, forward such title by 74
112112 the United States Postal Service, by another commercial delivery 75
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121121 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
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125125 service, or by electronic means, when such means are made 76
126126 available by the department, to the department for processing. 77
127127 If the owner, however, retains possession of a motor vehicle or 78
128128 mobile home in connection with a total loss claim settlement for 79
129-such motor vehicle or mobile home, the owner must, within 72 80
130-hours after the motor vehicle or mobile home becomes salvage, or 81
131-the insurance company must, within 72 hours after receiving the 82
132-certificate of title for such motor vehicle or mobile home, 83
133-forward the certificate of title to the motor vehicle or mobile 84
134-home to the department for processing, and the department must 85
135-issue a salvage certificate of title or certificate of 86
136-destruction from the department direct ly to the owner and not to 87
137-the insurance company or its agent. The owner or insurance 88
138-company, as applicable, may not dispose of a motor vehicle or 89
139-mobile home that is a total loss before it obtains a salvage 90
140-certificate of title or certificate of destruct ion from the 91
141-department. Effective January 1, 2020: 92
142- 1. Thirty days after payment of a claim for compensation 93
143-pursuant to this paragraph, the insurance company may receive a 94
144-salvage certificate of title or certificate of destruction from 95
145-the department if the insurance company is unable to obtain a 96
146-properly assigned paper certificate of title from the owner or 97
147-lienholder of the motor vehicle or mobile home or a properly 98
148-completed assignment of an electronic certificate of title from 99
149-the owner of, if the motor vehicle or mobile home does not carry 100
129+such motor vehicle or mobile home , the owner, within 72 hours 80
130+after the insurance company and the owner have agreed that such 81
131+motor vehicle or mobile home is to be retained by the owner, or, 82
132+if agreed to by the owner and the insurance company, the 83
133+insurance company, wi thin 72 hours after receiving the 84
134+certificate of title for such motor vehicle or mobile home, 85
135+shall forward the certificate of title to the motor vehicle or 86
136+mobile home to the department for processing, and the department 87
137+shall issue a salvage certificate of title or certificate of 88
138+destruction directly to the vehicle owner and not the insurance 89
139+company or its agent. The owner or insurance company, as 90
140+applicable, may not dispose of a motor vehicle or mobile home 91
141+that is a total loss before it obtains a salva ge certificate of 92
142+title or certificate of destruction from the department. 93
143+Effective January 1, 2020: 94
144+ 1. Thirty days after payment of a claim for compensation 95
145+pursuant to this paragraph, the insurance company may receive a 96
146+salvage certificate of title or certificate of destruction from 97
147+the department if the insurance company is unable to obtain a 98
148+properly assigned paper certificate of title from the owner or 99
149+lienholder of the motor vehicle or mobile home or a properly 100
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158158 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
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162-an electronic lien on the title and the insurance company: 101
163- a. Has obtained the release of all liens on the motor 102
164-vehicle or mobile home , or has paid the amount due to the 103
165-lienholder and has obtained proof that th e lienholder accepts 104
166-payment as satisfying the amount due to the lienholder ; 105
167- b. Has attested on a form provided by the department that 106
168-payment of the total loss claim has been distributed; and 107
169- c. Has attested on a form provided by the department and 108
170-signed by the insurance company or its authorized agent stating 109
171-the attempts that have been made to obtain the paper certificate 110
172-of title or a properly completed assignment of an electronic 111
173-certificate of title from the owner or lienholder and further 112
174-stating that all attempts are to no avail. The form must include 113
175-a request that the salvage certificate of title or certificate 114
176-of destruction be issued in the insurance company's name due to 115
177-payment of a total loss claim to the owner or lienholder. The 116
178-attempts to contact the owner or lienholder may be by written 117
179-request delivered in person or by first -class mail with a 118
180-certificate of mailing to the owner's last known address or 119
181-lienholder's last known address , respectively. 120
182- 2. If the owner or lienholder is no tified of the request 121
183-for title or assignment of title in person, the insurance 122
184-company must provide an affidavit attesting to the in -person 123
185-request for a certificate of title or assignment of title . 124
186- 3. The request to the owner or lienholder for the 125
162+completed assignment of an electronic certificate of title from 101
163+the owner of, if the motor vehicle or mobile home does not carry 102
164+an electronic lien on the title and the insurance company: 103
165+ a. Has obtained the release of all liens on the motor 104
166+vehicle or mobile home , or has paid the amount du e to the 105
167+lienholder and has obtained proof that the lienholder accepts 106
168+payment as satisfying the amount due to the lienholder ; 107
169+ b. Has attested on a form provided by the department that 108
170+payment of the total loss claim has been distributed; and 109
171+ c. Has attested on a form provided by the department and 110
172+signed by the insurance company or its authorized agent stating 111
173+the attempts that have been made to obtain the paper certificate 112
174+of title or a properly completed assignment of an electronic 113
175+certificate of title from the owner or lienholder and further 114
176+stating that all attempts are to no avail. The form must include 115
177+a request that the salvage certificate of title or certificate 116
178+of destruction be issued in the insurance company's name due to 117
179+payment of a total loss claim to the owner or lienholder. The 118
180+attempts to contact the owner or lienholder may be by written 119
181+request delivered in person or by first -class mail with a 120
182+certificate of mailing to the owner's last known address or 121
183+lienholder's last known address , respectively. 122
184+ 2. If the owner or lienholder is notified of the request 123
185+for title or assignment of title in person, the insurance 124
186+company must provide an affidavit attesting to the in -person 125
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195195 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
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199-certificate of title or to the owner for the assignment of title 126
200-must include a complete description of the motor vehicle or 127
201-mobile home and the statement that a total loss claim has been 128
202-paid on the motor vehicle or mobile home. 129
203- 4. The department is not lia ble and may not be held liable 130
204-to an owner, a lienholder, or any other person as a result of 131
205-the issuance of a salvage certificate of title or a certificate 132
206-of destruction pursuant to subparagraph 1. 133
207- (9)(a) An insurance company may notify an independent 134
208-entity that obtains possession of a damaged or dismantled motor 135
209-vehicle or vessel to release the vehicle or vessel to the owner. 136
210-The insurance company shall provide the independent entity a 137
211-release statement on a form prescribed by the department 138
212-authorizing the independent entity to release the vehicle or 139
213-vessel to the owner or lienholder. The form must, at a minimum, 140
214-contain the following: 141
215- 1. The policy and claim number. 142
216- 2. The name and address of the insured. 143
217- 3. The vehicle identification number or vessel hull 144
218-identification number . 145
219- 4. The signature of an authorized representative of the 146
220-insurance company. 147
221- (b) The independent entity in possession of a motor 148
222-vehicle or vessel must send a notice to the owner that the 149
223-vehicle or vessel is available for pickup when it receives a 150
199+request for a certificate of title or assignment of title . 126
200+ 3. The request to the owner or lienholder for the 127
201+certificate of title or to the owner for the assignment of title 128
202+must include a complete description of the motor vehicle or 129
203+mobile home and the statement that a total loss claim has been 130
204+paid on the motor ve hicle or mobile home. 131
205+ 4. The department is not liable and may not be held liable 132
206+to an owner, a lienholder, or any other person as a result of 133
207+the issuance of a salvage certificate of title or a certificate 134
208+of destruction pursuant to subparagraph 1. 135
209+ (9)(a) An insurance company may notify an independent 136
210+entity that obtains possession of a damaged or dismantled motor 137
211+vehicle or vessel to release the vehicle or vessel to the owner. 138
212+The insurance company shall provide the independent entity a 139
213+release statement on a form prescribed by the department 140
214+authorizing the independent entity to release the vehicle or 141
215+vessel to the owner or lienholder. The form must, at a minimum, 142
216+contain the following: 143
217+ 1. The policy and claim number. 144
218+ 2. The name and address of th e insured. 145
219+ 3. The vehicle identification number or vessel hull 146
220+identification number . 147
221+ 4. The signature of an authorized representative of the 148
222+insurance company. 149
223+ (b) The independent entity in possession of a motor 150
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232232 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
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236-release statement from the insurance company. The notice shall 151
237-be sent by certified mail or by another commercially available 152
238-delivery service that provides proof of delivery to the owner at 153
239-the owner's address contained in t he department's records. The 154
240-notice must state that the owner has 30 days after delivery of 155
241-the notice to the owner at the owner's address to pick up the 156
242-vehicle or vessel from the independent entity. If the motor 157
243-vehicle or vessel is not claimed within 30 days after the 158
244-delivery or attempted delivery of the notice, the independent 159
245-entity may apply for a certificate of destruction , a salvage 160
246-certificate of title, or a certificate of title for a motor 161
247-vehicle or for a certificate of title as defined in s. 162
248-328.0015(1) for a vessel. For a vessel that is hull damaged as 163
249-defined in s. 328.0015(1), the application shall indicate "Hull 164
250-Damaged." 165
251- (c) If the department's records do not contain the owner's 166
252-address, the independent entity must do all of the following : 167
253- 1. Send a notice that meets the requirements of paragraph 168
254-(b) to the owner's address that is provided by the insurance 169
255-company in the release statement. 170
256- 2. For a motor vehicle, identify the latest titling 171
257-jurisdiction of the vehicle through use of th e National Motor 172
258-Vehicle Title Information System or an equivalent commercially 173
259-available system and attempt to obtain the owner's address from 174
260-that jurisdiction. If the jurisdiction returns an address that 175
236+vehicle or vessel must send a notice to the owner that the 151
237+vehicle or vessel is available for pickup when it receives a 152
238+release statement from the insurance company. The notice shall 153
239+be sent by certified mail or by another commercially available 154
240+delivery service that provides proof of deliver y to the owner at 155
241+the owner's address contained in the department's records. The 156
242+notice must state that the owner has 30 days after delivery of 157
243+the notice to the owner at the owner's address to pick up the 158
244+vehicle or vessel from the independent entity. If the motor 159
245+vehicle or vessel is not claimed within 30 days after the 160
246+delivery or attempted delivery of the notice, the independent 161
247+entity may apply for a certificate of destruction , a salvage 162
248+certificate of title, or a certificate of title for a motor 163
249+vehicle or for a certificate of title as defined in s. 164
250+328.0015(1) for a vessel. For a vessel that is hull damaged as 165
251+defined in s. 328.0015 (1), the application shall indicate "Hull 166
252+Damaged." 167
253+ (c) If the department's records do not contain the owner's 168
254+address, the independent entity must do all of the following: 169
255+ 1. Send a notice that meets the requirements of paragraph 170
256+(b) to the owner's address that is provided by the insurance 171
257+company in the release statement. 172
258+ 2. For a motor vehicle, identify the latest t itling 173
259+jurisdiction of the vehicle through use of the National Motor 174
260+Vehicle Title Information System or an equivalent commercially 175
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269269 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
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273-is different from the owner's address provided by the insurance 176
274-company, the independent entity must send a notice that meets 177
275-the requirements of paragraph (b) to both addresses. 178
276- (d) The independent entity shall maintain for at least a 179
277-minimum of 3 years the records related to the 30 -day notice sent 180
278-to the owner. For motor vehicles , the independent entity shall 181
279-also maintain for at least 3 years the results of searches of 182
280-the National Motor Vehicle Title Information System or an 183
281-equivalent commercially available system , and the notification 184
282-to the National Motor Vehicle Title Information System made 185
283-pursuant to paragraph (e). 186
284- (e) The independent entity shall make the required 187
285-notification to the National Motor Vehicle Title Information 188
286-System before releasing any damaged or dismantled motor vehicle 189
287-to the owner or before applying for a certificate of destruction 190
288-or salvage certificate of title. The independent entity is not 191
289-required to notify the National Motor Vehicle Title Information 192
290-System before releasing any damaged or dismantled vesse l to the 193
291-owner or before applying for a certificate of title as defined 194
292-in s. 328.0015(1). 195
293- (f) Upon applying for a certificate of destruction or 196
294-salvage certificate of title for a motor vehicle, or for a 197
295-certificate of title or a certificate of title whi ch indicates 198
296-"Hull Damaged" as described in paragraph (b) for a vessel , the 199
297-independent entity shall provide a copy of the release statement 200
273+available system and attempt to obtain the owner's address from 176
274+that jurisdiction. If the jurisdiction returns an address th at 177
275+is different from the owner's address provided by the insurance 178
276+company, the independent entity must send a notice that meets 179
277+the requirements of paragraph (b) to both addresses. 180
278+ (d) The independent entity shall maintain for at least a 181
279+minimum of 3 years the records related to the 30 -day notice sent 182
280+to the owner. For motor vehicles , the independent entity shall 183
281+also maintain for at least 3 years the results of searches of 184
282+the National Motor Vehicle Title Information System or an 185
283+equivalent commercially available system, and the notification 186
284+to the National Motor Vehicle Title Information System made 187
285+pursuant to paragraph (e). 188
286+ (e) The independent entity shall make the required 189
287+notification to the National Motor Vehicle Title Information 190
288+System before releasing any damaged or dismantled motor vehicle 191
289+to the owner or before applying for a certificate of destruction 192
290+or salvage certificate of title. The independent entity is not 193
291+required to notify the National Motor Vehicle Title Information 194
292+System before releasing any damaged or dismantled vessel to the 195
293+owner or before applying for a certificate of title as defined 196
294+in s. 328.0015(1). 197
295+ (f) Upon applying for a certificate of destruction , or 198
296+salvage certificate of title, or certificate of title for a 199
297+motor vehicle or for a certificate of title as defined in s. 200
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306306 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
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310-from the insurance company to the independent entity, proof of 201
311-providing the 30-day notice to the owner, proof of n otification 202
312-to the National Motor Vehicle Title Information System if 203
313-required, proof of all lien satisfactions or proof of a release 204
314-of all liens on the motor vehicle or vessel, and applicable 205
315-fees. If the independent entity is unable to obtain a lien 206
316-satisfaction or a release of all liens on the motor vehicle or 207
317-vessel, the independent entity must provide an affidavit stating 208
318-that notice was sent to all lienholders that the motor vehicle 209
319-or vessel is available for pickup, 30 days have passed since the 210
320-notice was delivered or attempted to be delivered pursuant to 211
321-this section, attempts have been made to obtain a release from 212
322-all lienholders, and all such attempts have been to no avail. 213
323-The notice to lienholders and attempts to obtain a release from 214
324-lienholders may be by written request delivered in person or by 215
325-certified mail or another commercially available delivery 216
326-service that provides proof of delivery to the lienholder at the 217
327-lienholder's address as provided on the certificate of title for 218
328-a motor vehicle or on the certificate of title as defined in s. 219
329-328.0015(1) for a vessel and to the address designated with the 220
330-Department of State pursuant to s. 655.0201(2) if such address 221
331-is different. 222
332- (g) The independent entity may not charge an owner of the 223
333-vehicle or vessel storage fees or apply for a title under s. 224
334-713.585 or s. 713.78. 225
310+328.0015(1) for a vessel, the independent entity shall provide a 201
311+copy of the release statement from the insurance company to the 202
312+independent entity, proof of providing the 30 -day notice to the 203
313+owner, proof of notification to the National Motor Vehicle Title 204
314+Information System if required, proof of all lien satisfactions 205
315+or proof of a release of all liens on the motor vehicle or 206
316+vessel, and applicable fees. If the independent entity is unable 207
317+to obtain a lien satisfaction or a release of all liens on the 208
318+motor vehicle or vessel, the independent entity must provide an 209
319+affidavit stating that notice was sent to all lienholders that 210
320+the motor vehicle or vessel is available for pickup, 30 days 211
321+have passed since the notice was delivered or attempted to be 212
322+delivered pursuant to this section, attempts have been made to 213
323+obtain a release from all lienholders, and all such attempts 214
324+have been to no avail. The notice to lienholders and attempts to 215
325+obtain a release from lienholders may be by written request 216
326+delivered in person or by certified mail or another commercially 217
327+available delivery service that provides proof of delivery to 218
328+the lienholder at the lienholder's address as provided on the 219
329+certificate of title for a motor vehicle or on the certificate 220
330+of title as defined in s. 328.0015 (1) for a vessel and to the 221
331+address designated with the Department of State pursuant to s. 222
332+655.0201(2) if such address is different. 223
333+ (g) The independent entity may not charge an owner of the 224
334+vehicle or vessel storage fees or apply for a title under s. 225
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343343 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
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347- Section 2. This act shall take effect July 1, 2024. 226
347+713.585 or s. 713.78. 226
348+ Section 2. This act shall take effect July 1, 2024. 227