Bill Text: FL S0754 | 2014 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
Florida Senate - 2014 CS for CS for SB 754 By the Committees on Transportation; and Banking and Insurance; and Senator Bradley 596-03738-14 2014754c2 1 A bill to be entitled 2 An act relating to certificates of destruction for 3 motor vehicles; amending s. 319.23, F.S.; requiring 4 the Department of Highway Safety and Motor Vehicles to 5 visually inspect a motor vehicle that an applicant for 6 a certificate of title has indicated is a rebuilt 7 motor vehicle; requiring the department to issue an 8 affidavit of compliance if the vehicle is not properly 9 equipped; requiring an applicant to have the repaired 10 vehicle inspected by a law enforcement agency in order 11 to receive a certificate of title; requiring the 12 department to provide a report regarding certificates 13 of title for rebuilt motor vehicles; amending s. 14 319.30, F.S.; defining a term; revising requirements 15 for the department to declare certain mobile homes and 16 motor vehicles unrebuildable and to issue a 17 certificate of destruction; requiring an owner of, or 18 an insurance company for, a motor vehicle that is 19 worth less than a specified amount or is above a 20 certain age to obtain a certificate of destruction 21 under certain circumstances; providing a criminal 22 penalty; amending s. 860.146, F.S.; defining terms and 23 redefining the term “fake airbag”; prohibiting the 24 import, manufacture, offering for sale, or 25 reinstallation of fake airbags; providing a criminal 26 penalty; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Subsection (2) of section 319.23, Florida 31 Statutes, is amended to read: 32 319.23 Application for, and issuance of, certificate of 33 title.— 34 (2) The applicant for a certificate of title shall indicate 35 on the application if the motor vehicle is to be used as a 36 taxicab, police vehicle, or lease vehicle or if the motor 37 vehicle or mobile home is a rebuilt vehicle, as those terms are 38 defined in s. 319.14. If the applicant indicates on the 39 application for a certificate of title that the motor vehicle is 40 a rebuilt vehicle, the department shall visually inspect the 41 vehicle. If, upon inspection, the department has reasonable 42 cause to believe that the vehicle is not equipped as required by 43 law, the department shall issue an affidavit of compliance and 44 the applicant must then make necessary repairs and present the 45 vehicle to a law enforcement agency for confirmation that any 46 defect has been corrected pursuant to s. 316.6105, before a 47 certificate of title may be issued for such vehicle. Upon 48 issuance of a certificate of title for such vehicle, the 49 department shall stamp, in a conspicuous place on the title, 50 words stating the nature of the proposed use of the vehicle or 51 stating that the vehicle has been rebuilt and may have 52 previously been declared a total loss vehicle due to damage. 53 This subsection applies to a mobile home, travel trailer, 54 camping trailer, truck camper, or fifth-wheel recreation trailer 55 only when the mobile home or vehicle is a rebuilt vehicle as 56 defined in s. 319.14. 57 Section 2. On or before December 31, 2015, the Department 58 of Highway Safety and Motor Vehicles shall provide a summary 59 report to the Governor, the President of the Senate, and the 60 Speaker of the House of Representatives regarding certificates 61 of title for rebuilt vehicles, along with the department’s 62 recommendations for any legislation necessary to address and 63 correct any needed improvements to the process used to issue 64 certificates of title for rebuilt motor vehicles. The summary 65 report must include, but is not limited to, a review of the 66 affidavits of compliance issued and submitted that evidence 67 corrections made to rebuilt salvage motor vehicles, and data on 68 crashes caused by vehicle defects involving rebuilt motor 69 vehicles. 70 Section 3. Present paragraphs (i) through (w) of subsection 71 (1) of section 319.30, Florida Statutes, are redesignated as 72 paragraphs (j) through (x), respectively, a new paragraph (i) is 73 added to that subsection, and paragraph (b) of subsection (3) of 74 that section is amended, to read: 75 319.30 Definitions; dismantling, destruction, change of 76 identity of motor vehicle or mobile home; salvage.— 77 (1) As used in this section, the term: 78 (i) “Late model vehicle” means a motor vehicle that has a 79 manufacturer’s model year of 7 years or newer. 80 (3) 81 (b) The owner, including persons who are self-insured, of a 82anymotor vehicle or mobile home thatwhichis considered to be 83 salvage shall, within 72 hours after the motor vehicle or mobile 84 home becomes salvage, forward the title to the motor vehicle or 85 mobile home to the department for processing. However, an 86 insurance company thatwhichpays money as compensation for the 87 total loss of a motor vehicle or mobile home shall obtain the 88 certificate of title for the motor vehicle or mobile home, make 89 the required notification to the National Motor Vehicle Title 90 Information System, and, within 72 hours after receiving such 91 certificate of title,shallforward such title to the department 92 for processing. The owner or insurance company, as applicable 93the case may be, may not dispose of a vehicle or mobile home 94 that is a total loss before it obtainshas obtaineda salvage 95 certificate of title or certificate of destruction from the 96 department. When applying for a salvage certificate of title or 97 certificate of destruction, the owner or insurance company must 98 provide the department with an estimate of the costs of 99 repairing the physical and mechanical damage suffered by the 100 vehicle for which a salvage certificate of title or certificate 101 of destruction is sought. If the estimated costs of repairing 102 the physical and mechanical damage to the mobile homevehicle103 are equal to 80 percent or more of the current retail cost of 104 the mobile homevehicle, as established in any officialused car105orused mobile home guide, the department shall declare the 106 mobile homevehicleunrebuildable and print a certificate of 107 destruction, which authorizes the dismantling or destruction of 108 themotor vehicle ormobile homedescribed therein. For a late 109 model vehicle with a current retail cost of at least $7,500 just 110 prior to sustaining the damage that resulted in the total loss, 111 as established in any official used car guide or valuation 112 service, if the owner or insurance company determines that the 113 estimated costs of repairing the physical and mechanical damage 114 to the vehicle are equal to 90 percent or more of the current 115 retail cost of the vehicle, as established in any official used 116 motor vehicle guide or valuation service, the department shall 117 declare the vehicle unrebuildable and print a certificate of 118 destruction, which authorizes the dismantling or destruction of 119 the motor vehicle. However, if the damaged motor vehicle is 120 equipped with custom-lowered floors for wheelchair access or a 121 wheelchair lift, the insurance company may, upon determining 122 that the vehicle is repairable to a condition that is safe for 123 operation on public roads, submit the certificate of title to 124 the department for reissuance as a salvage rebuildable title and 125 the addition of a title brand of “insurance-declared total 126 loss.” The certificate of destruction shall be reassignable a 127 maximum of two times before dismantling or destruction of the 128 vehicle isshall berequired, and shall accompany the motor 129 vehicle or mobile home for which it is issued, when such motor 130 vehicle or mobile home is sold for such purposes, in lieu of a 131 certificate of title., and, thereafter,The department may not 132 issue ashall refuse issuance of anycertificate of title for 133 that vehicle.Nothing inThis subsection is notshall be134 applicable ifwhena mobile homevehicleis worth less than 135 $1,500 retail just prior to sustaining the damage that resulted 136 in the total lossin undamaged conditionin any officialused137motor vehicle guide orused mobile home guide or when a stolen 138 motor vehicle or mobile home is recovered in substantially 139 intact condition and is readily resalable without extensive 140 repairs to or replacement of the frame or engine. If a motor 141 vehicle has a current retail cost of less than $7,500 just prior 142 to sustaining the damage that resulted in the total loss, as 143 established in any official used motor vehicle guide or 144 valuation service, or if the vehicle is not a late model 145 vehicle, the owner or insurance company that pays money as 146 compensation for the total loss of the motor vehicle shall 147 obtain a certificate of destruction, if the motor vehicle is 148 damaged, wrecked, or burned to the extent that the only residual 149 value of the motor vehicle is as a source of parts or scrap 150 metal, or if the motor vehicle comes into this state under a 151 title or other ownership document that indicates that the motor 152 vehicle is not repairable, is junked, or is for parts or 153 dismantling only. AAnyperson who knowingly violates this 154 paragraph or falsifies documentationany documentto avoid the 155 requirements of this paragraph commits a misdemeanor of the 156 first degree, punishable as provided in s. 775.082 or s. 157 775.083. 158 Section 4. Section 860.146, Florida Statutes, is amended to 159 read: 160 860.146 Fake airbags; junk-filled airbag compartment.— 161 (1) As used in this section, the term: 162 (a) “Airbag” means a motor vehicle inflatable occupant 163 restraint system, including all component parts, such as the 164 cover, sensors, controllers, inflators, and wiring, that is 165 designed in accordance with federal safety regulations for a 166 given make, model, and year of a vehicle. 167 (b) “Counterfeit airbag” means an airbag displaying a mark 168 identical or similar to the genuine mark of a motor vehicle 169 manufacturer without authorization from said manufacturer. 170 (c) “Fake airbag” means any item other than an airbag that 171 was designed in accordance with federal safety regulations for a 172 given make, model, and year of motor vehicle as part of a motor 173 vehicle inflatable restraint system including counterfeit or 174 nonfunctioning airbags. 175 (d)(b)“Junk-filled airbag compartment” means an airbag 176 compartment that is filled with any substance that does not 177 function in the same manner or to the same extent as an airbag 178 to protect vehicle occupants in a vehicle crash. The term does 179 not include a compartment from which an airbag has deployed if 180 there is no concealment of the deployment. 181 (e) “Nonfunctional airbag” means a replacement airbag that: 182 1. Was previously deployed or damaged; 183 2. Has an electric fault that is detected by the vehicle 184 airbag diagnostic system after the installation procedure is 185 completed; or 186 3. Includes any part or object, including, but not limited 187 to, a counterfeit or repaired airbag cover, installed in a motor 188 vehicle to mislead the owner or operator of such motor vehicle 189 into believing that a functional airbag has been installed. 190 (2) It is unlawful for any personanyoneto knowingly 191 import, manufacture, purchase, sell, offer for sale,orinstall, 192 or reinstall on aanyvehicle aanyfake airbag or junk-filled 193 airbag compartment. Any person who violates this subsection 194 commits a felony of the second degree, punishable as provided in 195 s. 775.082, s. 775.083, or s. 775.084. 196 Section 5. This act shall take effect July 1, 2014.