CS for SB 1350 First Engrossed (ntc) 20241350e1 1 A bill to be entitled 2 An act relating to salvage; amending s. 319.30, F.S.; 3 revising and defining terms; revising provisions 4 relating to obtaining a salvage certificate of title 5 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 certificates; providing requirements 9 for an independent entitys 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 which the 14 independent entity is subject; prohibiting the 15 independent entity from charging vessel storage fees; 16 reenacting ss. 319.14(1)(b) and 319.141(1)(b), F.S., 17 relating to the sale of motor vehicles registered or 18 used as specified vehicles and the definition of the 19 term rebuilt inspection services as used in the 20 rebuilt motor vehicle inspection program, 21 respectively, to incorporate the amendment made to s. 22 319.30, F.S., in references thereto; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1.Paragraphs (g) and (j) of subsection (1), 28 paragraph (b) of subsection (3), and subsection (9) of section 29 319.30, Florida Statutes, are amended, and paragraph (y) is 30 added to subsection (1) of that section, to read: 31 319.30Definitions; dismantling, destruction, change of 32 identity of motor vehicle, vessel, or mobile home; salvage. 33 (1)As used in this section, the term: 34 (g)Independent entity means a business or entity that 35 may temporarily store damaged or dismantled motor vehicles or 36 vessels pursuant to an agreement with an insurance company and 37 that is engaged in the sale or resale of damaged or dismantled 38 motor vehicles or vessels. The term does not include a wrecker 39 operator, a towing company, or a repair facility. 40 (j)Major component parts means: 41 1.Except as provided in subparagraph 3., for motor 42 vehicles other than motorcycles, any fender, hood, bumper, cowl 43 assembly, rear quarter panel, trunk lid, door, decklid, floor 44 pan, engine, frame, transmission, catalytic converter, or 45 airbag. 46 2.Except as provided in subparagraph 3., for trucks, in 47 addition to those parts listed in subparagraph 1., any truck 48 bed, including dump, wrecker, crane, mixer, cargo box, or any 49 bed which mounts to a truck frame. 50 3.For electric, hybrid, or plug-in hybrid motor vehicles 51 or trucks, in addition to the parts listed in subparagraphs 1. 52 and 2., respectively, any electric traction motor, electronic 53 transmission, charge port, DC power converter, onboard charger, 54 power electronics controller, thermal system, traction battery 55 pack, or airbag. 56 4.For motorcycles, the body assembly, frame, fenders, gas 57 tanks, engine, cylinder block, heads, engine case, crank case, 58 transmission, drive train, front fork assembly, and wheels. 59 5.4.For mobile homes, the frame. 60 (y)Vessel has the same meaning as in s. 713.78(1)(b). 61 (3) 62 (b)The owner, including persons who are self-insured, of a 63 motor vehicle or mobile home that is considered to be salvage 64 shall, within 72 hours after the motor vehicle or mobile home 65 becomes salvage, forward the title to the motor vehicle or 66 mobile home to the department for processing. However, and 67 except as provided in this paragraph for a motor vehicle or 68 mobile home retained by the owner in connection with a total 69 loss claim settlement, an insurance company that pays money as 70 compensation for the total loss of a motor vehicle or mobile 71 home shall obtain the certificate of title for the motor vehicle 72 or mobile home, make the required notification to the National 73 Motor Vehicle Title Information System, and, within 72 hours 74 after receiving such certificate of title, forward such title by 75 the United States Postal Service, by another commercial delivery 76 service, or by electronic means, when such means are made 77 available by the department, to the department for processing. 78 However, if the owner retains possession of a motor vehicle or 79 mobile home in connection with a total loss claim settlement for 80 such motor vehicle or mobile home, the owner must, within 72 81 hours after the motor vehicle or mobile home becomes salvage, or 82 the insurance company must, within 72 hours after receiving the 83 certificate of title for such motor vehicle or mobile home, 84 forward the certificate of title to the motor vehicle or mobile 85 home to the department for processing, and the department must 86 issue a salvage certificate of title or certificate of 87 destruction directly to the motor vehicle or mobile home owner 88 rather than to the insurance company or its agent. The owner or 89 insurance company, as applicable, may not dispose of a motor 90 vehicle or mobile home that is a total loss before it obtains a 91 salvage certificate of title or certificate of destruction from 92 the department. Effective January 1, 2020: 93 1.Thirty days after payment of a claim for compensation 94 pursuant to this paragraph, the insurance company may receive a 95 salvage certificate of title or certificate of destruction from 96 the department if the insurance company is unable to obtain a 97 properly assigned paper certificate of title from the owner or 98 lienholder of the motor vehicle or mobile home or a properly 99 completed assignment of an electronic certificate of title from 100 the owner of, if the motor vehicle or mobile home does not carry 101 an electronic lien on the title and the insurance company: 102 a.Has obtained the release of all liens on the motor 103 vehicle or mobile home, or has paid the amount due to the 104 lienholder and has obtained proof that the lienholder accepts 105 payment as satisfying the amount due to the lienholder; 106 b.Has attested on a form provided by the department that 107 payment of the total loss claim has been distributed; and 108 c.Has attested on a form provided by the department and 109 signed by the insurance company or its authorized agent stating 110 the attempts that have been made to obtain the paper certificate 111 of title or a properly completed assignment of an electronic 112 certificate of title from the owner or lienholder and further 113 stating that all attempts are to no avail. The form must include 114 a request that the salvage certificate of title or certificate 115 of destruction be issued in the insurance companys name due to 116 payment of a total loss claim to the owner or lienholder. The 117 attempts to contact the owner or lienholder may be by written 118 request delivered in person or by first-class mail with a 119 certificate of mailing to the owners last known address or 120 lienholders last known address, respectively. 121 2.If the owner or lienholder is notified of the request 122 for title or assignment of title in person, the insurance 123 company must provide an affidavit attesting to the in-person 124 request for a certificate of title or assignment of title. 125 3.The request to the owner or lienholder for the 126 certificate of title or to the owner for the assignment of title 127 must include a complete description of the motor vehicle or 128 mobile home and the statement that a total loss claim has been 129 paid on the motor vehicle or mobile home. 130 4.The department is not liable and may not be held liable 131 to an owner, a lienholder, or any other person as a result of 132 the issuance of a salvage certificate of title or a certificate 133 of destruction pursuant to subparagraph 1. 134 (9)(a)An insurance company may notify an independent 135 entity that obtains possession of a damaged or dismantled motor 136 vehicle or vessel to release the vehicle or vessel to the owner. 137 The insurance company shall provide the independent entity a 138 release statement on a form prescribed by the department 139 authorizing the independent entity to release the vehicle or 140 vessel to the owner or lienholder. The form must, at a minimum, 141 contain the following: 142 1.The policy and claim number. 143 2.The name and address of the insured. 144 3.The vehicle identification number or vessel hull 145 identification number. 146 4.The signature of an authorized representative of the 147 insurance company. 148 (b)The independent entity in possession of a motor vehicle 149 or vessel must send a notice to the owner that the motor vehicle 150 or vessel is available for pickup when it receives a release 151 statement from the insurance company. The notice must shall be 152 sent by certified mail or by another commercially available 153 delivery service that provides proof of delivery to the owner at 154 the owners address contained in the departments records. The 155 notice must state that the owner has 30 days after delivery of 156 the notice to the owner at the owners address to pick up the 157 motor vehicle or vessel from the independent entity. If the 158 motor vehicle or vessel is not claimed within 30 days after the 159 delivery or attempted delivery of the notice, the independent 160 entity may apply for a certificate of destruction, a salvage 161 certificate of title, or a certificate of title for a motor 162 vehicle or a certificate of title as defined in s. 328.0015 for 163 a vessel. For a vessel that is hull damaged as defined in s. 164 328.0015, the application must indicate Hull Damaged. 165 (c)If the departments records do not contain the owners 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 owners 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 the National Motor 172 Vehicle Title Information System or an equivalent commercially 173 available system and attempt to obtain the owners address from 174 that jurisdiction. If the jurisdiction returns an address that 175 is different from the owners 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 vessel to the 193 owner or before applying for a certificate of title as defined 194 in s. 328.0015. 195 (f)Upon applying for a certificate of destruction, or 196 salvage certificate of title, or certificate of title for a 197 motor vehicle or for a certificate of title as described in 198 paragraph (b) for a vessel, the independent entity shall provide 199 a copy of the release statement from the insurance company to 200 the independent entity, proof of providing the 30-day notice to 201 the owner, proof of notification to the National Motor Vehicle 202 Title Information System if required, proof of all lien 203 satisfactions or proof of a release of all liens on the motor 204 vehicle or vessel, and applicable fees. If the independent 205 entity is unable to obtain a lien satisfaction or a release of 206 all liens on the motor vehicle or vessel, the independent entity 207 must provide an affidavit stating that notice was sent to all 208 lienholders that the motor vehicle or vessel is available for 209 pickup, 30 days have passed since the notice was delivered or 210 attempted to be delivered pursuant to this section, attempts 211 have been made to obtain a release from all lienholders, and all 212 such attempts have been to no avail. The notice to lienholders 213 and attempts to obtain a release from lienholders may be by 214 written request delivered in person or by certified mail or 215 another commercially available delivery service that provides 216 proof of delivery to the lienholder at the lienholders address 217 as provided on the certificate of title for a motor vehicle or 218 on the certificate of title as defined in s. 328.0015 for a 219 vessel and to the address designated with the Department of 220 State pursuant to s. 655.0201(2) if such address is different. 221 (g)The independent entity may not charge an owner of the 222 vehicle or vessel storage fees or apply for a title under s. 223 713.585 or s. 713.78. 224 Section 2.For the purpose of incorporating the amendment 225 made by this act to section 319.30, Florida Statutes, in a 226 reference thereto, paragraph (b) of subsection (1) of section 227 319.14, Florida Statutes, is reenacted to read: 228 319.14Sale of motor vehicles registered or used as 229 taxicabs, police vehicles, lease vehicles, rebuilt vehicles, 230 nonconforming vehicles, custom vehicles, or street rod vehicles; 231 conversion of low-speed vehicles. 232 (1) 233 (b)A person may not knowingly offer for sale, sell, or 234 exchange a rebuilt vehicle until the department has stamped in a 235 conspicuous place on the certificate of title for the vehicle 236 words stating that the vehicle has been rebuilt or assembled 237 from parts, or is a kit car, glider kit, replica, flood vehicle, 238 custom vehicle, or street rod vehicle unless proper application 239 for a certificate of title for a vehicle that is rebuilt or 240 assembled from parts, or is a kit car, glider kit, replica, 241 flood vehicle, custom vehicle, or street rod vehicle has been 242 made to the department in accordance with this chapter and the 243 department has conducted the physical examination of the vehicle 244 to assure the identity of the vehicle and all major component 245 parts, as defined in s. 319.30(1), which have been repaired or 246 replaced. Thereafter, the department shall affix a decal to the 247 vehicle, in the manner prescribed by the department, showing the 248 vehicle to be rebuilt. 249 Section 3.For the purpose of incorporating the amendment 250 made by this act to section 319.30, Florida Statutes, in a 251 reference thereto, paragraph (b) of subsection (1) of section 252 319.141, Florida Statutes, is reenacted to read: 253 319.141Rebuilt motor vehicle inspection program. 254 (1)As used in this section, the term: 255 (b)Rebuilt inspection services means an examination of a 256 rebuilt vehicle and a properly endorsed certificate of title, 257 salvage certificate of title, or manufacturers statement of 258 origin and an application for a rebuilt certificate of title, a 259 rebuilders affidavit, a photograph of the junk or salvage 260 vehicle taken before repairs began, if available, a photograph 261 of the interior driver and passenger sides of the vehicle if 262 airbags were previously deployed and replaced, receipts or 263 invoices for all major component parts, as defined in s. 319.30, 264 and repairs which were changed, and proof that notice of 265 rebuilding of the vehicle has been reported to the National 266 Motor Vehicle Title Information System. 267 Section 4.This act shall take effect July 1, 2024.