Bill Amendment: FL S0754 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Certificates of Title
Status: 2014-06-20 - Chapter No. 2014-181 [S0754 Detail]
Download: Florida-2014-S0754-Senate_Committee_Substitue_Amendment_493168_Amendment_Delete_All_954976_.html
Bill Title: Certificates of Title
Status: 2014-06-20 - Chapter No. 2014-181 [S0754 Detail]
Download: Florida-2014-S0754-Senate_Committee_Substitue_Amendment_493168_Amendment_Delete_All_954976_.html
Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 754 Ì493168FÎ493168 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/19/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Substitute for Amendment (954976) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Present paragraphs (o) through (w) of subsection 7 (1) of section 319.30, Florida Statutes, are redesignated as 8 paragraphs (p) through (x), respectively, a new paragraph (o) is 9 added to that subsection, and paragraph (b) of subsection (3) of 10 that section is amended, to read: 11 319.30 Definitions; dismantling, destruction, change of 12 identity of motor vehicle or mobile home; salvage.— 13 (1) As used in this section, the term: 14 (o) “Late model vehicle” means a motor vehicle that has a 15 manufacturer’s model year of 7 years or newer. 16 (3) 17 (b) The owner, including persons who are self-insured, of a 18anymotor vehicle or mobile home thatwhichis considered to be 19 salvage shall, within 72 hours after the motor vehicle or mobile 20 home becomes salvage, forward the title to the motor vehicle or 21 mobile home to the department for processing. However, an 22 insurance company thatwhichpays money as compensation for the 23 total loss of a motor vehicle or mobile home shall obtain the 24 certificate of title for the motor vehicle or mobile home, make 25 the required notification to the National Motor Vehicle Title 26 Information System, and, within 72 hours after receiving such 27 certificate of title,shallforward such title to the department 28 for processing. The owner or insurance company, as applicable 29the case may be, may not dispose of a vehicle or mobile home 30 that is a total loss before it obtainshas obtaineda salvage 31 certificate of title or certificate of destruction from the 32 department. When applying for a salvage certificate of title or 33 certificate of destruction, the owner or insurance company must 34 provide the department with an estimate of the costs of 35 repairing the physical and mechanical damage suffered by the 36 vehicle for which a salvage certificate of title or certificate 37 of destruction is sought. If the estimated costs of repairing 38 the physical and mechanical damage to the mobile homevehicle39 are equal to 80 percent or more of the current retail cost of 40 the mobile homevehicle, as established in any officialused car41orused mobile home guide, the department shall declare the 42 mobile homevehicleunrebuildable and print a certificate of 43 destruction, which authorizes the dismantling or destruction of 44 themotor vehicle ormobile homedescribed therein. For a late 45 model vehicle with a current retail cost of at least $7,500 just 46 prior to sustaining the damage that resulted in the total loss, 47 as established in any official used car guide, if the owner or 48 insurance company determines that the estimated costs of 49 repairing the physical and mechanical damage to the vehicle are 50 equal to 90 percent or more of the current retail cost of the 51 vehicle, as established in any official used motor vehicle 52 guide, the department shall declare the vehicle unrebuildable 53 and print a certificate of destruction, which authorizes the 54 dismantling or destruction of the motor vehicle. However, if the 55 damaged motor vehicle is equipped with custom-lowered floors for 56 wheelchair access or a wheelchair lift, the insurance company 57 may, upon determining that the vehicle is repairable to a 58 condition that is safe for operation on public roads, submit the 59 certificate of title to the department for reissuance as a 60 salvage rebuildable title and the addition of a title brand of 61 “insurance-declared total loss.” The certificate of destruction 62 shall be reassignable a maximum of two times before dismantling 63 or destruction of the vehicle isshall berequired, and shall 64 accompany the motor vehicle or mobile home for which it is 65 issued, when such motor vehicle or mobile home is sold for such 66 purposes, in lieu of a certificate of title., and, thereafter,67 The department may not issue ashall refuse issuance of any68 certificate of title for that vehicle.Nothing inThis 69 subsection is notshall beapplicable ifwhena mobile home 70vehicleis worth less than $1,500 retail just prior to 71 sustaining the damage that resulted in the total lossin72undamaged conditionin any officialused motor vehicle guide or73 used mobile home guide or when a stolen motor vehicle or mobile 74 home is recovered in substantially intact condition and is 75 readily resalable without extensive repairs to or replacement of 76 the frame or engine. If a motor vehicle has a current retail 77 cost of less than $7,500 just prior to sustaining the damage 78 that resulted in the total loss, as established in any official 79 used motor vehicle guide, or if the vehicle is not a late model 80 vehicle, the owner or insurance company that pays money as 81 compensation for the total loss of the motor vehicle shall 82 obtain a certificate of destruction, if the motor vehicle is 83 damaged, wrecked, or burned to the extent that the only residual 84 value of the motor vehicle is as a source of parts or scrap 85 metal, or if the motor vehicle comes into this state under a 86 title or other ownership document that indicates that the motor 87 vehicle is not repairable, is junked, or is for parts or 88 dismantling only. AAnyperson who knowingly violates this 89 paragraph or falsifies documentationany documentto avoid the 90 requirements of this paragraph commits a misdemeanor of the 91 first degree, punishable as provided in s. 775.082 or s. 92 775.083. 93 Section 2. This act shall take effect July 1, 2014. 94 95 ================= T I T L E A M E N D M E N T ================ 96 And the title is amended as follows: 97 Delete everything before the enacting clause 98 and insert: 99 A bill to be entitled 100 An act relating to certificates of destruction; 101 amending s. 319.30, F.S.; defining a term; revising 102 requirements for the Department of Highway Safety and 103 Motor Vehicles to declare certain mobile homes and 104 motor vehicles unrebuildable and to issue a 105 certificate of destruction; requiring the department 106 to issue certificates of destruction for motor 107 vehicles that are worth less than a specified amount 108 and are above a certain age under certain 109 circumstances; providing an effective date.