CS/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
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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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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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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
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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
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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
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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
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
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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
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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
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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
Section 2. This act shall take effect July 1, 2024. 226