Senate Bill 1350 (2024) — Filed
SB 1350
Florida Bills
Florida Senate - 2024 SB 1350 By Senator DiCeglie 18-00854-24 20241350__ Page 1 of 10 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to salvage; amending s. 319.30, F.S.; 2 revising the
definitions of the terms “independent 3 entity” and “major component parts”; defining the term 4 “vessel”; revising provisions relating to obtaining a 5 salvage certificate of title or certificate of 6 destruction; exempting the Department of Highway 7 Safety and Motor Vehicles from liability to certain 8 persons as a result of the issuance of such 9 certificate; providing requirements for an independent 10 entity’s release to the owner of a damaged or 11 dismantled vessel; authorizing the independent entity 12 to apply for certain certificates for an unclaimed 13 vessel; providing requirements for such application; 14 specifying provisions to which the independent entity 15 is subject; prohibiting the independent entity from 16 charging vessel storage fees; amending s. 328.0015, 17 F.S.; revising the definition of the term “hull 18 damaged”; reenacting ss. 319.14(1)(
b) and 19 319.141(1)(b), F.S., relating to the sale of motor 20 vehicles registered or used as taxicabs, police 21 vehicles, lease vehicles, rebuilt vehicles, 22 nonconforming vehicles, custom vehicles, or street rod 23 vehicles and the definition of the term “rebuilt 24 inspection services” as used in the rebuilt motor 25 vehicle inspection program, respectively, to 26 incorporate the amendments made to s. 319.30, F.S., in 27 references thereto; providing an effective date. 28 29
Florida Senate - 2024 SB 1350 18-00854-24 20241350__ Page 2 of 10 CODING: Words stricken are deletions; words underlined are additions. Be It Enacted by the Legislature of the State of Florida: 30 31
Section 1. Paragraphs (
g) and (
j) of subsection (1), 32 paragraph (
b) of subsection (3), and subsection (9) of
section 33 319.30, Florida Statutes, are amended, and paragraph (
y) is 34 added to subsection (1) of that section, to read: 35 319.30
Definitions; dismantling, destruction, change of 36 identity of motor vehicle or mobile home; salvage.— 37
(1) As used in this section, the term: 38 (g) “Independent entity” means a business or entity that 39 may temporarily store damaged or dismantled motor vehicles or 40 vessels pursuant to an agreement with an insurance company and 41 that is engaged in the sale or resale of damaged or dismantled 42 motor vehicles or vessels. The term does not include a wrecker 43 operator, a towing company, or a repair facility. 44 (j) “Major component parts” means: 45 1.
Except as provided in subparagraph 3., for motor 46 vehicles other than motorcycles, any fender, hood, bumper, cowl 47 assembly, rear quarter panel, trunk lid, door, decklid, floor 48 pan, engine, frame, transmission, catalytic converter, or 49 airbag. 50 2. Except as provided in subparagraph 3., for trucks, in 51 addition to those parts listed in subparagraph 1., any truck 52 bed, including dump, wrecker, crane, mixer, cargo box, or any 53 bed which mounts to a truck frame. 54 3.
For electric, hybrid, or plug-in hybrid motor vehicles 55 or trucks, in addition to the parts listed in subparagraphs 1. 56 and 2., respectively, any electric traction motor, electronic 57 transmission, charge port, DC power converter, onboard charger, 58
Florida Senate - 2024 SB 1350 18-00854-24 20241350__ Page 3 of 10 CODING: Words stricken are deletions; words underlined are additions. power electronics controller, thermal system, traction battery 59 pack, or airbag. 60 4. For motorcycles, the body assembly, frame, fenders, gas 61 tanks, engine, cylinder block, heads, engine case, crank case, 62 transmission, drive train, front fork assembly, and wheels. 63 5.4. For mobile homes, the frame. 64 (y) “Vessel” has the same meaning as in s. 713.78(1)(b). 65 (3) 66 (
b) The owner, including persons who are self-insured, of a 67 motor vehicle or mobile home that is considered to be salvage 68 shall, within 72 hours after the motor vehicle or mobile home 69 becomes salvage, forward the title to the motor vehicle or 70 mobile home to the department for processing.
However, an 71 insurance company that pays money as compensation for the total 72 loss of a motor vehicle or mobile home shall obtain the 73 certificate of title for the motor vehicle or mobile home, make 74 the required notification to the National Motor Vehicle Title 75 Information System, and, within 72 hours after receiving such 76 certificate of title, forward such title by the United States 77 Postal Service, by another commercial delivery service, or by 78 electronic means, when such means are made available by the 79 department, to the department for processing.
However, if the 80 owner maintains possession of a total loss vehicle or mobile 81 home, the insurance company or owner must, within 72 hours after 82 the motor vehicle or mobile home becomes salvage and is retained 83 by the owner, forward the title to the motor vehicle or mobile 84 home to the department for processing, and the department must 85 issue a salvage certificate of title or certificate of 86 destruction from the department directly to the vehicle owner 87
Florida Senate - 2024 SB 1350 18-00854-24 20241350__ Page 4 of 10 CODING: Words stricken are deletions; words underlined are additions. rather than to the insurance company or its agent. The owner or 88 insurance company, as applicable, may not dispose of a vehicle 89 or mobile home that is a total loss before it obtains a salvage 90 certificate of title or certificate of destruction from the 91 department. Effective January 1, 2020: 92 1.
Thirty days after payment of a claim for compensation 93 pursuant to this paragraph, the insurance company may receive a 94 salvage certificate of title or certificate of destruction from 95 the department if the insurance company is unable to obtain a 96 properly assigned paper or electronic certificate of title from 97 the owner or lienholder of the motor vehicle or mobile home, if 98 the motor vehicle or mobile home does not carry an electronic 99 lien on the title and the insurance company: 100 a.
Has obtained the release of all liens on the motor 101 vehicle or mobile home, or has paid the amount due to the 102 lienholder and has obtained proof that the lienholder accepts 103 payment as satisfying the amount due to the lienholder; 104 b. Has attested on a form provided by the department that 105 payment of the total loss claim has been distributed; and 106 c.
Has attested on a form provided by the department and 107 signed by the insurance company or its authorized agent stating 108 the attempts that have been made to obtain the title from the 109 owner or lienholder and further stating that all attempts are to 110 no avail. The form must include a request that the salvage 111 certificate of title or certificate of destruction be issued in 112 the insurance company’s name due to payment of a total loss 113 claim to the owner or lienholder.
The attempts to contact the 114 owner or lienholder may be by written request delivered in 115 person or by first-class mail with a certificate of mailing to 116
Florida Senate - 2024 SB 1350 18-00854-24 20241350__ Page 5 of 10 CODING: Words stricken are deletions; words underlined are additions. the owner’s or the lienholder’s last known address, 117 respectively. 118 2. If the owner or lienholder is notified of the request 119 for title in person, the insurance company must provide an 120 affidavit attesting to the in-person request for a certificate 121 of title. 122 3.
The request to the owner or lienholder for the 123 certificate of title must include a complete description of the 124 motor vehicle or mobile home and the statement that a total loss 125 claim has been paid on the motor vehicle or mobile home. 126 127 The department is not liable and may not be held liable to an 128 owner, a lienholder, or any other person as a result of the 129 issuance of a salvage certificate of title or a certificate of 130 destruction pursuant to this paragraph. 131 (9)(
a) An insurance company may notify an independent 132 entity that obtains possession of a damaged or dismantled motor 133 vehicle or vessel to release the vehicle or vessel to the owner. 134 The insurance company shall provide the independent entity a 135 release statement on a form prescribed by the department 136 authorizing the independent entity to release the vehicle or 137 vessel to the owner or lienholder. The form must, at a minimum, 138 contain all of the following: 139 1. The policy and claim number. 140 2. The name and address of the insured. 141 3.
The vehicle identification number or vessel hull 142 identification number. 143 4. The signature of an authorized representative of the 144 insurance company. 145
Florida Senate - 2024 SB 1350 18-00854-24 20241350__ Page 6 of 10 CODING: Words stricken are deletions; words underlined are additions. (
b) The independent entity in possession of a motor vehicle 146 or vessel must send a notice to the owner that the vehicle or 147 vessel is available for pickup when it receives a release 148 statement from the insurance company. The notice must shall be 149 sent by certified mail or by another commercially available 150 delivery service that provides proof of delivery to the owner at 151 the owner’s address contained in the department’s records.
The 152 notice must state that the owner has 30 days after delivery of 153 the notice to the owner at the owner’s address to pick up the 154 vehicle or vessel from the independent entity. If the motor 155 vehicle or vessel is not claimed within 30 days after the 156 delivery or attempted delivery of the notice, the independent 157 entity may apply for a certificate of destruction, a salvage 158 certificate of title, or a certificate of title. For a hull-159 damaged vessel, the independent entity shall comply with s. 160 328.045, as applicable. 161 (
c) If the department’s records do not contain the owner’s 162 address, the independent entity must do all of the following: 163 1. Send a notice that meets the requirements of paragraph 164 (
b) to the owner’s address that is provided by the insurance 165 company in the release statement. 166 2. For a vehicle, identify the latest titling jurisdiction 167 of the vehicle through use of the National Motor Vehicle Title 168 Information System or an equivalent commercially available 169 system and attempt to obtain the owner’s address from that 170 jurisdiction. If the jurisdiction returns an address that is 171 different from the owner’s address provided by the insurance 172 company, the independent entity must send a notice that meets 173 the requirements of paragraph (
b) to both addresses. 174
Florida Senate - 2024 SB 1350 18-00854-24 20241350__ Page 7 of 10 CODING: Words stricken are deletions; words underlined are additions. (
d) The independent entity shall maintain for at least a 175 minimum of 3 years the records related to the 30-day notice sent 176 to the owner. For vehicles, the independent entity shall also 177 maintain for at least 3 years the results of searches of the 178 National Motor Vehicle Title Information System or an equivalent 179 commercially available system, and the notification to the 180 National Motor Vehicle Title Information System made pursuant to 181 paragraph (e). 182 (
e) The independent entity shall make the required 183 notification to the National Motor Vehicle Title Information 184 System before releasing any damaged or dismantled motor vehicle 185 to the owner or before applying for a certificate of destruction 186 or salvage certificate of title. The independent entity is not 187 required to notify the National Motor Vehicle Title Information 188 System before releasing any damaged or dismantled vessel to the 189 owner or before applying for a certificate of title. 190 (
f) Upon applying for a certificate of destruction, or 191 salvage certificate of title, or certificate of title, the 192 independent entity shall provide a copy of the release statement 193 from the insurance company to the independent entity, proof of 194 providing the 30-day notice to the owner, proof of notification 195 to the National Motor Vehicle Title Information System if 196 required, proof of all lien satisfactions or proof of a release 197 of all liens on the motor vehicle or vessel, and applicable 198 fees.
If the independent entity is unable to obtain a lien 199 satisfaction or a release of all liens on the motor vehicle or 200 vessel, the independent entity must provide an affidavit stating 201 that notice was sent to all lienholders that the motor vehicle 202 or vessel is available for pickup, 30 days have passed since the 203
Florida Senate - 2024 SB 1350 18-00854-24 20241350__ Page 8 of 10 CODING: Words stricken are deletions; words underlined are additions. notice was delivered or attempted to be delivered pursuant to 204 this section, attempts have been made to obtain a release from 205 all lienholders, and all such attempts have been to no avail. 206 The notice to lienholders and attempts to obtain a release from 207 lienholders may be by written request delivered in person or by 208 certified mail or another commercially available delivery 209 service that provides proof of delivery to the lienholder at the 210 lienholder’s address as provided on the certificate of title and 211 to the address designated with the Department of State pursuant 212 to s. 655.0201(2) if such address is different. 213 (
g) The independent entity may not charge an owner of the 214 vehicle or vessel storage fees or apply for a title under s. 215 713.585 or s. 713.78. 216
Section 2. Paragraph (
n) of subsection (1) of
section 217 328.0015, Florida Statutes, is amended to read: 218 328.0015
Definitions.— 219
(1) As used in this part, the term: 220 (n) “Hull damaged” means compromised with respect to the 221 integrity of a vessel’s hull by a collision or, allision damage 222 that involves a major separation of the hull to the deck joint 223 or transom or a stringer damage that creates a significant risk 224 to the integrity of the vessel’s hull; a, lightning strike that 225 penetrates the hull in more than one location;, fire or, 226 explosion damage involving a significant portion of the hull; 227 or, running aground, sinking, or a similar event occurring 228 occurrence, or the sinking of a vessel in a manner that creates 229 a significant risk to the integrity of the vessel’s hull. 230
Section 3. For the purpose of incorporating the amendment 231 made by this act to
section 319.30, Florida Statutes, in a 232
Florida Senate - 2024 SB 1350 18-00854-24 20241350__ Page 9 of 10 CODING: Words stricken are deletions; words underlined are additions. reference thereto, paragraph (
b) of subsection (1) of
section 233 319.14, Florida Statutes, is reenacted to read: 234 319.14 Sale of motor vehicles registered or used as 235 taxicabs, police vehicles, lease vehicles, rebuilt vehicles, 236 nonconforming vehicles, custom vehicles, or street rod vehicles; 237 conversion of low-speed vehicles.— 238 (1) 239 (
b) A person may not knowingly offer for sale, sell, or 240 exchange a rebuilt vehicle until the department has stamped in a 241 conspicuous place on the certificate of title for the vehicle 242 words stating that the vehicle has been rebuilt or assembled 243 from parts, or is a kit car, glider kit, replica, flood vehicle, 244 custom vehicle, or street rod vehicle unless proper application 245 for a certificate of title for a vehicle that is rebuilt or 246 assembled from parts, or is a kit car, glider kit, replica, 247 flood vehicle, custom vehicle, or street rod vehicle has been 248 made to the department in accordance with this
chapter and the 249 department has conducted the physical examination of the vehicle 250 to assure the identity of the vehicle and all major component 251 parts, as defined in s. 319.30(1), which have been repaired or 252 replaced. Thereafter, the department shall affix a decal to the 253 vehicle, in the manner prescribed by the department, showing the 254 vehicle to be rebuilt. 255
Section 4. For the purpose of incorporating the amendment 256 made by this act to
section 319.30, Florida Statutes, in a 257 reference thereto, paragraph (
b) of subsection (1) of
section 258 319.141, Florida Statutes, is reenacted to read: 259 319.141 Rebuilt motor vehicle inspection program.— 260
(1) As used in this section, the term: 261
Florida Senate - 2024 SB 1350 18-00854-24 20241350__ Page 10 of 10 CODING: Words stricken are deletions; words underlined are additions. (b) “Rebuilt inspection services” means an examination of a 262 rebuilt vehicle and a properly endorsed certificate of title, 263 salvage certificate of title, or manufacturer’s statement of 264 origin and an application for a rebuilt certificate of title, a 265 rebuilder’s affidavit, a photograph of the junk or salvage 266 vehicle taken before repairs began, if available, a photograph 267 of the interior driver and passenger sides of the vehicle if 268 airbags were previously deployed and replaced, receipts or 269 invoices for all major component parts, as defined in s. 319.30, 270 and repairs which were changed, and proof that notice of 271 rebuilding of the vehicle has been reported to the National 272 Motor Vehicle Title Information System. 273