Bill Text: FL S1350 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Salvage
Spectrum: Bipartisan Bill
Status: (Passed) 2024-06-03 - Chapter No. 2024-218 [S1350 Detail]
Download: Florida-2024-S1350-Introduced.html
Bill Title: Salvage
Spectrum: Bipartisan Bill
Status: (Passed) 2024-06-03 - Chapter No. 2024-218 [S1350 Detail]
Download: Florida-2024-S1350-Introduced.html
Florida Senate - 2024 SB 1350 By Senator DiCeglie 18-00854-24 20241350__ 1 A bill to be entitled 2 An act relating to salvage; amending s. 319.30, F.S.; 3 revising the definitions of the terms “independent 4 entity” and “major component parts”; defining the term 5 “vessel”; revising provisions relating to obtaining a 6 salvage certificate of title or certificate of 7 destruction; exempting the Department of Highway 8 Safety and Motor Vehicles from liability to certain 9 persons as a result of the issuance of such 10 certificate; providing requirements for an independent 11 entity’s release to the owner of a damaged or 12 dismantled vessel; authorizing the independent entity 13 to apply for certain certificates for an unclaimed 14 vessel; providing requirements for such application; 15 specifying provisions to which the independent entity 16 is subject; prohibiting the independent entity from 17 charging vessel storage fees; amending s. 328.0015, 18 F.S.; revising the definition of the term “hull 19 damaged”; reenacting ss. 319.14(1)(b) and 20 319.141(1)(b), F.S., relating to the sale of motor 21 vehicles registered or used as taxicabs, police 22 vehicles, lease vehicles, rebuilt vehicles, 23 nonconforming vehicles, custom vehicles, or street rod 24 vehicles and the definition of the term “rebuilt 25 inspection services” as used in the rebuilt motor 26 vehicle inspection program, respectively, to 27 incorporate the amendments made to s. 319.30, F.S., in 28 references thereto; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Paragraphs (g) and (j) of subsection (1), 33 paragraph (b) of subsection (3), and subsection (9) of section 34 319.30, Florida Statutes, are amended, and paragraph (y) is 35 added to subsection (1) of that section, to read: 36 319.30 Definitions; dismantling, destruction, change of 37 identity of motor vehicle or mobile home; salvage.— 38 (1) As used in this section, the term: 39 (g) “Independent entity” means a business or entity that 40 may temporarily store damaged or dismantled motor vehicles or 41 vessels pursuant to an agreement with an insurance company and 42 that is engaged in the sale or resale of damaged or dismantled 43 motor vehicles or vessels. The term does not include a wrecker 44 operator, a towing company, or a repair facility. 45 (j) “Major component parts” means: 46 1. Except as provided in subparagraph 3., for motor 47 vehicles other than motorcycles, any fender, hood, bumper, cowl 48 assembly, rear quarter panel, trunk lid, door, decklid, floor 49 pan, engine, frame, transmission, catalytic converter, or 50 airbag. 51 2. Except as provided in subparagraph 3., for trucks, in 52 addition to those parts listed in subparagraph 1., any truck 53 bed, including dump, wrecker, crane, mixer, cargo box, or any 54 bed which mounts to a truck frame. 55 3. For electric, hybrid, or plug-in hybrid motor vehicles 56 or trucks, in addition to the parts listed in subparagraphs 1. 57 and 2., respectively, any electric traction motor, electronic 58 transmission, charge port, DC power converter, onboard charger, 59 power electronics controller, thermal system, traction battery 60 pack, or airbag. 61 4. For motorcycles, the body assembly, frame, fenders, gas 62 tanks, engine, cylinder block, heads, engine case, crank case, 63 transmission, drive train, front fork assembly, and wheels. 64 5.4.For mobile homes, the frame. 65 (y) “Vessel” has the same meaning as in s. 713.78(1)(b). 66 (3) 67 (b) The owner, including persons who are self-insured, of a 68 motor vehicle or mobile homethat isconsidered to be salvage 69 shall, within 72 hours after the motor vehicle or mobile home 70 becomes salvage, forward the title to the motor vehicle or 71 mobile home to the department for processing. However, an 72 insurance company that pays money as compensation for the total 73 loss of a motor vehicle or mobile home shall obtain the 74 certificate of title for the motor vehicle or mobile home, make 75 the required notification to the National Motor Vehicle Title 76 Information System, and, within 72 hours after receiving such 77 certificate of title, forward such title by the United States 78 Postal Service, by another commercial delivery service, or by 79 electronic means, when such means are made available by the 80 department, to the department for processing. However, if the 81 owner maintains possession of a total loss vehicle or mobile 82 home, the insurance company or owner must, within 72 hours after 83 the motor vehicle or mobile home becomes salvage and is retained 84 by the owner, forward the 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 from the department directly to the vehicle owner 88 rather than to the insurance company or its agent. The owner or 89 insurance company, as applicable, may not dispose of a vehicle 90 or mobile home that is a total loss before it obtains a salvage 91 certificate of title or certificate of destruction from the 92 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 or electronic certificate of title from 98 the owner or lienholder of the motor vehicle or mobile home, if99the motor vehicle or mobile home does not carry an electronic100lien on the titleand 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 the 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 title from the 110 owner or lienholder and further stating that all attempts are to 111 no avail. The form must include a request that the salvage 112 certificate of title or certificate of destruction be issued in 113 the insurance company’s name due to payment of a total loss 114 claim to the owner or lienholder. The attempts to contact the 115 owner or lienholder may be by written request delivered in 116 person or by first-class mail with a certificate of mailing to 117 the owner’s or the lienholder’s last known address, 118 respectively. 119 2. If the owner or lienholder is notified of the request 120 for title in person, the insurance company must provide an 121 affidavit attesting to the in-person request for a certificate 122 of title. 123 3. The request to the owner or lienholder for the 124 certificate of title must include a complete description of the 125 motor vehicle or mobile home and the statement that a total loss 126 claim has been paid on the motor vehicle or mobile home. 127 128 The department is not liable and may not be held liable to an 129 owner, a lienholder, or any other person as a result of the 130 issuance of a salvage certificate of title or a certificate of 131 destruction pursuant to this paragraph. 132 (9)(a) An insurance company may notify an independent 133 entity that obtains possession of a damaged or dismantled motor 134 vehicle or vessel to release the vehicle or vessel to the owner. 135 The insurance company shall provide the independent entity a 136 release statement on a form prescribed by the department 137 authorizing the independent entity to release the vehicle or 138 vessel to the owner or lienholder. The form must, at a minimum, 139 contain all of the following: 140 1. The policy and claim number. 141 2. The name and address of the insured. 142 3. The vehicle identification number or vessel hull 143 identification number. 144 4. The signature of an authorized representative of the 145 insurance company. 146 (b) The independent entity in possession of a motor vehicle 147 or vessel must send a notice to the owner that the vehicle or 148 vessel is available for pickup when it receives a release 149 statement from the insurance company. The notice mustshallbe 150 sent by certified mail or by another commercially available 151 delivery service that provides proof of delivery to the owner at 152 the owner’s address contained in the department’s records. The 153 notice must state that the owner has 30 days after delivery of 154 the notice to the owner at the owner’s address to pick up the 155 vehicle or vessel from the independent entity. If the motor 156 vehicle or vessel is not claimed within 30 days after the 157 delivery or attempted delivery of the notice, the independent 158 entity may apply for a certificate of destruction, a salvage 159 certificate of title, or a certificate of title. For a hull 160 damaged vessel, the independent entity shall comply with s. 161 328.045, as applicable. 162 (c) If the department’s records do not contain the owner’s 163 address, the independent entity must do all of the following: 164 1. Send a notice that meets the requirements of paragraph 165 (b) to the owner’s address that is provided by the insurance 166 company in the release statement. 167 2. For a vehicle, identify the latest titling jurisdiction 168 of the vehicle through use of the National Motor Vehicle Title 169 Information System or an equivalent commercially available 170 system and attempt to obtain the owner’s address from that 171 jurisdiction. If the jurisdiction returns an addressthat is172 different from the owner’s address provided by the insurance 173 company, the independent entity must send a notice that meets 174 the requirements of paragraph (b) to both addresses. 175 (d) The independent entity shall maintain for at leasta176minimum of3 years the records related to the 30-day notice sent 177 to the owner. For vehicles, the independent entity shall also 178 maintain for at least 3 years the results of searches of the 179 National Motor Vehicle Title Information System or an equivalent 180 commercially available system,and the notification to the 181 National Motor Vehicle Title Information System made pursuant to 182 paragraph (e). 183 (e) The independent entity shall make the required 184 notification to the National Motor Vehicle Title Information 185 System before releasing any damaged or dismantled motor vehicle 186 to the owner or before applying for a certificate of destruction 187 or salvage certificate of title. The independent entity is not 188 required to notify the National Motor Vehicle Title Information 189 System before releasing any damaged or dismantled vessel to the 190 owner or before applying for a certificate of title. 191 (f) Upon applying for a certificate of destruction,or192 salvage certificate of title, or certificate of title, the 193 independent entity shall provide a copy of the release statement 194 from the insurance company to the independent entity, proof of 195 providing the 30-day notice to the owner, proof of notification 196 to the National Motor Vehicle Title Information System if 197 required, proof of all lien satisfactions or proof of a release 198 of all liens on the motor vehicle or vessel, and applicable 199 fees. If the independent entity is unable to obtain a lien 200 satisfaction or a release of all liens on the motor vehicle or 201 vessel, the independent entity must provide an affidavit stating 202 that notice was sent to all lienholders that the motor vehicle 203 or vessel is available for pickup, 30 days have passed since the 204 notice was delivered or attempted to be delivered pursuant to 205 this section, attempts have been made to obtain a release from 206 all lienholders, and all such attempts have been to no avail. 207 The notice to lienholders and attempts to obtain a release from 208 lienholders may be by written request delivered in person or by 209 certified mail or another commercially available delivery 210 service that provides proof of delivery to the lienholder at the 211 lienholder’s address as provided on the certificate of title and 212 to the address designated with the Department of State pursuant 213 to s. 655.0201(2) if such address is different. 214 (g) The independent entity may not charge an owner of the 215 vehicle or vessel storage fees or apply for a title under s. 216 713.585 or s. 713.78. 217 Section 2. Paragraph (n) of subsection (1) of section 218 328.0015, Florida Statutes, is amended to read: 219 328.0015 Definitions.— 220 (1) As used in this part, the term: 221 (n) “Hull damaged” means compromised with respect tothe222integrity ofa vessel’s hull by a collision or,allision damage 223 that involves a major separation of the hull to the deck joint 224 or transom or a stringer damage that creates a significant risk 225 to the integrity of the vessel’s hull; a,lightning strike that 226 penetrates the hull in more than one location;,fire or,227 explosion damage involving a significant portion of the hull; 228 or,running aground, sinking, or a similar event occurring 229occurrence,or the sinking of a vesselin a manner that creates 230 a significant risk to the integrity of the vessel’s hull. 231 Section 3. For the purpose of incorporating the amendment 232 made by this act to section 319.30, Florida Statutes, in a 233 reference thereto, paragraph (b) of subsection (1) of section 234 319.14, Florida Statutes, is reenacted to read: 235 319.14 Sale of motor vehicles registered or used as 236 taxicabs, police vehicles, lease vehicles, rebuilt vehicles, 237 nonconforming vehicles, custom vehicles, or street rod vehicles; 238 conversion of low-speed vehicles.— 239 (1) 240 (b) A person may not knowingly offer for sale, sell, or 241 exchange a rebuilt vehicle until the department has stamped in a 242 conspicuous place on the certificate of title for the vehicle 243 words stating that the vehicle has been rebuilt or assembled 244 from parts, or is a kit car, glider kit, replica, flood vehicle, 245 custom vehicle, or street rod vehicle unless proper application 246 for a certificate of title for a vehicle that is rebuilt or 247 assembled from parts, or is a kit car, glider kit, replica, 248 flood vehicle, custom vehicle, or street rod vehicle has been 249 made to the department in accordance with this chapter and the 250 department has conducted the physical examination of the vehicle 251 to assure the identity of the vehicle and all major component 252 parts, as defined in s. 319.30(1), which have been repaired or 253 replaced. Thereafter, the department shall affix a decal to the 254 vehicle, in the manner prescribed by the department, showing the 255 vehicle to be rebuilt. 256 Section 4. For the purpose of incorporating the amendment 257 made by this act to section 319.30, Florida Statutes, in a 258 reference thereto, paragraph (b) of subsection (1) of section 259 319.141, Florida Statutes, is reenacted to read: 260 319.141 Rebuilt motor vehicle inspection program.— 261 (1) As used in this section, the term: 262 (b) “Rebuilt inspection services” means an examination of a 263 rebuilt vehicle and a properly endorsed certificate of title, 264 salvage certificate of title, or manufacturer’s statement of 265 origin and an application for a rebuilt certificate of title, a 266 rebuilder’s affidavit, a photograph of the junk or salvage 267 vehicle taken before repairs began, if available, a photograph 268 of the interior driver and passenger sides of the vehicle if 269 airbags were previously deployed and replaced, receipts or 270 invoices for all major component parts, as defined in s. 319.30, 271 and repairs which were changed, and proof that notice of 272 rebuilding of the vehicle has been reported to the National 273 Motor Vehicle Title Information System. 274 Section 5. This act shall take effect July 1, 2024.