Bill Text: FL S0754 | 2014 | Regular Session | Enrolled
Bill Title: Certificates of Title
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2014-06-20 - Chapter No. 2014-181 [S0754 Detail]
Download: Florida-2014-S0754-Enrolled.html
ENROLLED 2014 Legislature CS for CS for SB 754, 1st Engrossed 2014754er 1 2 An act relating to certificates of title; amending s. 3 319.23, F.S.; revising the required statement that is 4 stamped on a certificate of title upon issuance of the 5 certificate; requiring the department to provide a 6 report regarding certificates of title for rebuilt 7 motor vehicles; amending s. 319.30, F.S.; defining a 8 term; revising requirements for the department to 9 declare certain mobile homes and motor vehicles 10 unrebuildable and to issue a certificate of 11 destruction; requiring an owner of, or an insurance 12 company for, a motor vehicle that is worth less than a 13 specified amount or is above a certain age to obtain a 14 certificate of destruction under certain 15 circumstances; providing a criminal penalty; amending 16 s. 860.146, F.S.; defining terms and redefining the 17 term “fake airbag”; prohibiting the import, 18 manufacture, offering for sale, or reinstallation of 19 fake airbags; providing a criminal penalty; providing 20 an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Subsection (2) of section 319.23, Florida 25 Statutes, is amended to read: 26 319.23 Application for, and issuance of, certificate of 27 title.— 28 (2) The applicant for a certificate of title shall indicate 29 on the application if the motor vehicle is to be used as a 30 taxicab, police vehicle, or lease vehicle or if the motor 31 vehicle or mobile home is a rebuilt vehicle, as those terms are 32 defined in s. 319.14. Upon issuance of a certificate of title 33 for such vehicle, the department shall stamp, in a conspicuous 34 place on the title, words stating the nature of the proposed use 35 of the vehicle or stating that the vehicle has been rebuilt and 36 may have previously been declared a total loss vehicle due to 37 damage. This subsection applies to a mobile home, travel 38 trailer, camping trailer, truck camper, or fifth-wheel 39 recreation trailer only when the mobile home or vehicle is a 40 rebuilt vehicle as defined in s. 319.14. 41 Section 2. On or before October 31, 2015, the Department of 42 Highway Safety and Motor Vehicles shall provide a summary report 43 to the Governor, the President of the Senate, and the Speaker of 44 the House of Representatives regarding certificates of title for 45 rebuilt vehicles. The summary report shall include the 46 department’s recommendations to the Legislature to address any 47 needed improvements to, and correct any problems with, the 48 process used to issue certificates of title for rebuilt motor 49 vehicles; and recommendations as to the need, and appropriate 50 process, for inspecting the roadworthiness of rebuilt motor 51 vehicles based on relevant data and data on crashes caused by 52 vehicle defects involving rebuilt motor vehicles. 53 Section 3. Present paragraphs (i) through (w) of subsection 54 (1) of section 319.30, Florida Statutes, are redesignated as 55 paragraphs (j) through (x), respectively, a new paragraph (i) is 56 added to that subsection, and paragraph (b) of subsection (3) of 57 that section is amended, to read: 58 319.30 Definitions; dismantling, destruction, change of 59 identity of motor vehicle or mobile home; salvage.— 60 (1) As used in this section, the term: 61 (i) “Late model vehicle” means a motor vehicle that has a 62 manufacturer’s model year of 7 years or newer. 63 (3) 64 (b) The owner, including persons who are self-insured, of a 65anymotor vehicle or mobile home thatwhichis considered to be 66 salvage shall, within 72 hours after the motor vehicle or mobile 67 home becomes salvage, forward the title to the motor vehicle or 68 mobile home to the department for processing. However, an 69 insurance company thatwhichpays money as compensation for the 70 total loss of a motor vehicle or mobile home shall obtain the 71 certificate of title for the motor vehicle or mobile home, make 72 the required notification to the National Motor Vehicle Title 73 Information System, and, within 72 hours after receiving such 74 certificate of title,shallforward such title to the department 75 for processing. The owner or insurance company, as applicable 76the case may be, may not dispose of a vehicle or mobile home 77 that is a total loss before it obtainshas obtaineda salvage 78 certificate of title or certificate of destruction from the 79 department. When applying for a salvage certificate of title or 80 certificate of destruction, the owner or insurance company must 81 provide the department with an estimate of the costs of 82 repairing the physical and mechanical damage suffered by the 83 vehicle for which a salvage certificate of title or certificate 84 of destruction is sought. If the estimated costs of repairing 85 the physical and mechanical damage to the mobile homevehicle86 are equal to 80 percent or more of the current retail cost of 87 the mobile homevehicle, as established in any officialused car88orused mobile home guide, the department shall declare the 89 mobile homevehicleunrebuildable and print a certificate of 90 destruction, which authorizes the dismantling or destruction of 91 themotor vehicle ormobile homedescribed therein. For a late 92 model vehicle with a current retail cost of at least $7,500 just 93 prior to sustaining the damage that resulted in the total loss, 94 as established in any official used car guide or valuation 95 service, if the owner or insurance company determines that the 96 estimated costs of repairing the physical and mechanical damage 97 to the vehicle are equal to 90 percent or more of the current 98 retail cost of the vehicle, as established in any official used 99 motor vehicle guide or valuation service, the department shall 100 declare the vehicle unrebuildable and print a certificate of 101 destruction, which authorizes the dismantling or destruction of 102 the motor vehicle. However, if the damaged motor vehicle is 103 equipped with custom-lowered floors for wheelchair access or a 104 wheelchair lift, the insurance company may, upon determining 105 that the vehicle is repairable to a condition that is safe for 106 operation on public roads, submit the certificate of title to 107 the department for reissuance as a salvage rebuildable title and 108 the addition of a title brand of “insurance-declared total 109 loss.” The certificate of destruction shall be reassignable a 110 maximum of two times before dismantling or destruction of the 111 vehicle isshall berequired, and shall accompany the motor 112 vehicle or mobile home for which it is issued, when such motor 113 vehicle or mobile home is sold for such purposes, in lieu of a 114 certificate of title., and, thereafter,The department may not 115 issue ashall refuse issuance of anycertificate of title for 116 that vehicle.Nothing inThis subsection is notshall be117 applicable ifwhena mobile homevehicleis worth less than 118 $1,500 retail just prior to sustaining the damage that resulted 119 in the total lossin undamaged conditionin any officialused120motor vehicle guide orused mobile home guide or when a stolen 121 motor vehicle or mobile home is recovered in substantially 122 intact condition and is readily resalable without extensive 123 repairs to or replacement of the frame or engine. If a motor 124 vehicle has a current retail cost of less than $7,500 just prior 125 to sustaining the damage that resulted in the total loss, as 126 established in any official used motor vehicle guide or 127 valuation service, or if the vehicle is not a late model 128 vehicle, the owner or insurance company that pays money as 129 compensation for the total loss of the motor vehicle shall 130 obtain a certificate of destruction, if the motor vehicle is 131 damaged, wrecked, or burned to the extent that the only residual 132 value of the motor vehicle is as a source of parts or scrap 133 metal, or if the motor vehicle comes into this state under a 134 title or other ownership document that indicates that the motor 135 vehicle is not repairable, is junked, or is for parts or 136 dismantling only. AAnyperson who knowingly violates this 137 paragraph or falsifies documentationany documentto avoid the 138 requirements of this paragraph commits a misdemeanor of the 139 first degree, punishable as provided in s. 775.082 or s. 140 775.083. 141 Section 4. Section 860.146, Florida Statutes, is amended to 142 read: 143 860.146 Fake airbags; junk-filled airbag compartment.— 144 (1) As used in this section, the term: 145 (a) “Airbag” means a motor vehicle inflatable occupant 146 restraint system, including all component parts, such as the 147 cover, sensors, controllers, inflators, and wiring, that is 148 designed in accordance with federal safety regulations for a 149 given make, model, and year of a vehicle. 150 (b) “Counterfeit airbag” means an airbag displaying a mark 151 identical or similar to the genuine mark of a motor vehicle 152 manufacturer without authorization from said manufacturer. 153 (c) “Fake airbag” means any item other than an airbag that 154 was designed in accordance with federal safety regulations for a 155 given make, model, and year of motor vehicle as part of a motor 156 vehicle inflatable restraint system including counterfeit or 157 nonfunctioning airbags. 158 (d)(b)“Junk-filled airbag compartment” means an airbag 159 compartment that is filled with any substance that does not 160 function in the same manner or to the same extent as an airbag 161 to protect vehicle occupants in a vehicle crash. The term does 162 not include a compartment from which an airbag has deployed if 163 there is no concealment of the deployment. 164 (e) “Nonfunctional airbag” means a replacement airbag that: 165 1. Was previously deployed or damaged; 166 2. Has an electric fault that is detected by the vehicle 167 airbag diagnostic system after the installation procedure is 168 completed; or 169 3. Includes any part or object, including, but not limited 170 to, a counterfeit or repaired airbag cover, installed in a motor 171 vehicle to mislead the owner or operator of such motor vehicle 172 into believing that a functional airbag has been installed. 173 (2) It is unlawful for any personanyoneto knowingly 174 import, manufacture, purchase, sell, offer for sale,orinstall, 175 or reinstall on aanyvehicle aanyfake airbag or junk-filled 176 airbag compartment. Any person who violates this subsection 177 commits a felony of the second degree, punishable as provided in 178 s. 775.082, s. 775.083, or s. 775.084. 179 Section 5. This act shall take effect July 1, 2014.