CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 661

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Business Regulation offered the following:

12

13         Substitute Amendment for Amendment (293713) (with title

14  amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  319.30, Florida statutes is amended to

19  read:

20         319.30  Definitions; dismantling, destruction, change

21  of identity of motor vehicle or mobile home; salvage.--

22         (1)  As used in this section, the term:

23         (a)  "Certificate of destruction" means the certificate

24  issued pursuant to s. 713.78(11).

25         (b)  "Certificate of registration number" means the

26  certificate of registration number issued by the Department of

27  Revenue of the State of Florida pursuant to s. 538.25.

28         (c)  "Derelict" means any material which is or may have

29  been a motor vehicle or mobile home, with or without all

30  component parts, which is inoperable and which material is in

31  such condition that its highest or primary value is either in

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 661

    Amendment No. 1 (for drafter's use only)





  1  its sale or transfer as scrap metal or for its component

  2  parts, or a combination of the two.

  3         (d)  "Junk" means any material which is or may have

  4  been a motor vehicle or mobile home, with or without all

  5  component parts, which is inoperable and which material is in

  6  such condition that its highest or primary value is either in

  7  its sale or transfer as scrap metal or for its component

  8  parts, or a combination of the two, except when sold or

  9  delivered to or when purchased, possessed, or received by a

10  secondary metals recycler or salvage motor vehicle dealer.

11         (e)  "Major component parts" means the front-end

12  assembly (fenders, hood, grill, and bumper); cowl assembly;

13  rear body section (both quarter panels, decklid, bumper, and

14  floor pan); door assemblies; engine; frame; or transmission.

15         (f)  "Major part" means the front-end assembly

16  (fenders, hood, grill, and bumper); cowl assembly; or rear

17  body section (both quarter panels, decklid, bumper, and floor

18  pan).

19         (g)  "Materials" means motor vehicles, derelicts, and

20  major parts that are not prepared materials.

21         (h)  "Mobile home" means mobile home as defined in s.

22  320.01(2).

23         (i)  "Motor vehicle" means motor vehicle as defined in

24  s. 320.01(1).

25         (j)  "Parts" means parts of motor vehicles or

26  combinations thereof that do not constitute materials or

27  prepared materials.

28         (k)  "Personal identification card" means personal

29  identification card as defined in s. 538.18(5).

30         (l)  "Prepared materials" means motor vehicles, mobile

31  homes, derelicts, major parts, or parts that have been

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 661

    Amendment No. 1 (for drafter's use only)





  1  processed by mechanically flattening or crushing, or otherwise

  2  processed such that they are not the motor vehicle or mobile

  3  home described in the certificate of title, or their only

  4  value is as scrap metal.

  5         (m)  "Processing" means the business of performing the

  6  manufacturing process by which ferrous metals or nonferrous

  7  metals are converted into raw material products consisting of

  8  prepared grades and having an existing or potential economic

  9  value, or the purchase of materials, prepared materials, or

10  parts therefor.

11         (n)  "Salvage" means a motor vehicle or mobile home

12  which is a total loss as defined in paragraph (3)(a).

13         (o)  "Salvage motor vehicle dealer" means salvage motor

14  vehicle dealer as defined in s. 320.27(1)(c)5.

15         (p)  "Secondary metals recycler" means secondary metals

16  recycler as defined in s. 538.18(8).

17         (2)(a)  Each person mentioned as owner in the last

18  issued certificate of title, when such motor vehicle or mobile

19  home is dismantled, destroyed, or changed in such manner that

20  it is not the motor vehicle or mobile home described in the

21  certificate of title, shall surrender his or her certificate

22  of title to the department, and thereupon the department

23  shall, with the consent of any lienholders noted thereon,

24  enter a cancellation upon its records. Upon cancellation of a

25  certificate of title in the manner prescribed by this section,

26  the department may cancel and destroy all certificates in that

27  chain of title. Any person who willfully and deliberately

28  violates this paragraph commits a misdemeanor of the second

29  degree, punishable as provided in s. 775.082 or s. 775.083.

30         (b)  When a motor vehicle is sold, transported, or

31  delivered to a salvage motor vehicle dealer, it shall be

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 661

    Amendment No. 1 (for drafter's use only)





  1  accompanied by:

  2         1.  A properly endorsed certificate of title, salvage

  3  certificate of title, or vehicle certificate of destruction

  4  issued by the department; or

  5         2.  If the certificate of title has been surrendered to

  6  the department, a notarized affidavit signed by the owner

  7  stating that the title has been returned to the State of

  8  Florida pursuant to paragraph (a), the date on which such

  9  return was made, the year, make, and vehicle identification

10  number of the motor vehicle, and the name, address, and

11  personal identification card number of the owner. Any person

12  who willfully and deliberately violates this subparagraph by

13  falsifying a required affidavit commits a felony of the third

14  degree, punishable as provided in s. 775.082, s. 775.083, or

15  s. 775.084.

16         (3)(a)  As used in this section, a motor vehicle or

17  mobile home is a "total loss":

18         1.  When an insurance company pays the vehicle owner to

19  replace the wrecked or damaged vehicle with one of like kind

20  and quality or when an insurance company pays the owner upon

21  the theft of the motor vehicle or mobile home;  a motor

22  vehicle or mobile home shall not be considered a "total loss"

23  if the insurance company and the owner agree to repair, rather

24  than to replace, the motor vehicle or mobile home; or

25         2.  When an uninsured motor vehicle or mobile home is

26  wrecked or damaged and the cost, at the time of loss, of

27  repairing or rebuilding the vehicle is 80 percent or more of

28  the cost to the owner of replacing the wrecked or damaged

29  motor vehicle or mobile home with one of like kind and

30  quality.

31         3.  A motor vehicle or mobile home shall not be

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 661

    Amendment No. 1 (for drafter's use only)





  1  considered a "total loss" if the insurance company and owner

  2  of a motor vehicle or mobile home agree to repair, rather than

  3  to replace, the motor vehicle or mobile home.  However, if the

  4  actual cost to repair the motor vehicle or mobile home to the

  5  insurance company exceeds 100 percent of the cost of replacing

  6  the wrecked or damaged motor vehicle or mobile home with one

  7  of like kind and quality, the owner shall forward to the

  8  department, within 72 hours after the agreement, a request to

  9  brand the certificate of title with the words "Total Loss

10  Vehicle."  Such a brand shall become a part of the vehicle's

11  title history.

12         (b)  The owner of any motor vehicle or mobile home

13  which is considered to be salvage shall, including persons who

14  are self-insured, within 72 hours after the motor vehicle or

15  mobile home becomes salvage, forward the title to the motor

16  vehicle or mobile home to the department for processing.

17  However, an insurance company which pays money as compensation

18  for total loss of a motor vehicle or mobile home shall obtain

19  the certificate of title for the motor vehicle or mobile home

20  and, within 72 hours after receiving such certificate of

21  title, shall forward such title to the department for

22  processing. The owner or insurance company, as the case may

23  be, may not dispose of a vehicle or mobile home that is a

24  total loss before it has obtained a salvage certificate of

25  title or certificate of destruction from the department. When

26  applying for a salvage certificate of title or certificate of

27  destruction, the owner or insurance company must provide the

28  department with an estimate of the costs of repairing the

29  physical and mechanical damage suffered by the vehicle for

30  which a salvage certificate of title or certificate of

31  destruction is sought. If the estimated costs of repairing the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 661

    Amendment No. 1 (for drafter's use only)





  1  physical and mechanical damage to the vehicle are equal to 80

  2  percent or more of the current retail cost of the vehicle, as

  3  established in any official used car or used mobile home

  4  guide, the department shall declare the vehicle unrebuildable

  5  and print a certificate of destruction, which authorizes the

  6  dismantling or destruction of the motor vehicle or mobile home

  7  described therein. This certificate of destruction shall be

  8  reassignable a maximum of two times before dismantling or

  9  destruction of the vehicle shall be required, and shall

10  accompany the motor vehicle or mobile home for which it is

11  issued, when such motor vehicle or mobile home is sold for

12  such purposes, in lieu of a certificate of title, and,

13  thereafter, the department shall refuse issuance of any

14  certificate of title for that vehicle.  Nothing in this

15  subsection shall be applicable when a vehicle is worth less

16  than $1,500 retail in undamaged condition in any official

17  motor vehicle guide or used mobile home guide or when a stolen

18  motor vehicle or mobile home is recovered in substantially

19  intact condition and is readily resalable without extensive

20  repairs to or replacement of the frame or engine. Any person

21  who willfully and deliberately violates this paragraph or

22  falsifies any document to avoid the requirements of this

23  paragraph commits a misdemeanor of the first degree,

24  punishable as provided in s. 775.082 or s. 775.083.

25         (4)  It is unlawful for any person to have in his or

26  her possession any motor vehicle or mobile home when the

27  manufacturer's identification number plate or serial plate has

28  been removed therefrom. However, nothing in this subsection

29  shall be applicable when a vehicle defined in this section as

30  a derelict or salvage was purchased or acquired from a foreign

31  state requiring such vehicle's identification number plate to

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 661

    Amendment No. 1 (for drafter's use only)





  1  be surrendered to such state, provided the person shall have

  2  an affidavit from the seller describing the vehicle by

  3  manufacturer's serial number and the state to which such

  4  vehicle's identification number plate was surrendered.

  5         (5)(a)  It is unlawful for any person to knowingly

  6  possess, sell, or exchange, offer to sell or exchange, or give

  7  away any certificate of title or manufacturer's identification

  8  number plate or serial plate of any motor vehicle, mobile

  9  home, or derelict that has been sold as salvage contrary to

10  the provisions of this section, and it is unlawful for any

11  person to authorize, direct, aid in, or consent to the

12  possession, sale, or exchange or to offer to sell, exchange,

13  or give away such certificate of title or manufacturer's

14  identification number plate or serial plate.

15         (b)  It is unlawful for any person to knowingly

16  possess, sell, or exchange, offer to sell or exchange, or give

17  away any manufacturer's identification number plate or serial

18  plate of any motor vehicle or mobile home that has been

19  removed from the motor vehicle or mobile home for which it was

20  manufactured, and it is unlawful for any person to authorize,

21  direct, aid in, or consent to the possession, sale, or

22  exchange or to offer to sell, exchange, or give away such

23  manufacturer's identification number plate or serial plate.

24         (c)  This chapter does not apply to anyone who removes,

25  possesses, or replaces a manufacturer's identification number

26  plate, in the course of performing repairs on a vehicle, that

27  require such removal or replacement.  If the repair requires

28  replacement of a vehicle part that contains the manufacturer's

29  identification number plate, the manufacturer's identification

30  number plate that is assigned to the vehicle being repaired

31  will be installed on the replacement part. The manufacturer's

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 661

    Amendment No. 1 (for drafter's use only)





  1  identification number plate that was removed from this

  2  replacement part will be installed on the part that was

  3  removed from the vehicle being repaired.

  4         (6)  In the event of a purchase by a salvage motor

  5  vehicle dealer of materials or major component parts for any

  6  reason, the purchaser shall:

  7         (a)  For each item of materials or major component

  8  parts purchased, the salvage motor vehicle dealer shall record

  9  the date of purchase, name and address of the seller, and the

10  personal identification card number of the person delivering

11  such items, as well as the vehicle identification number, if

12  available.

13         (b)  With respect to each item of materials or major

14  component parts purchased, obtain such documentation as may be

15  required by subsection (2).

16

17  Any person who violates this subsection commits a misdemeanor

18  of the first degree, punishable as provided in s. 775.082 or

19  s. 775.083.

20         (7)  In the event of a purchase by a secondary metals

21  recycler, that has been issued a certificate of registration

22  number, of:

23         (a)  Materials, prepared materials, or parts from any

24  seller for purposes other than the processing of such

25  materials, prepared materials, or parts, the purchaser shall

26  obtain such documentation as may be required by this section,

27  and shall record the seller's name and address, date of

28  purchase, and the personal identification card number of the

29  person delivering such items.

30         (b)  Parts or prepared materials from any seller for

31  purposes of the processing of such parts or prepared

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 661

    Amendment No. 1 (for drafter's use only)





  1  materials, the purchaser shall record the seller's name and

  2  address and date of purchase; and, in the event of a purchase

  3  transaction consisting primarily of parts or prepared

  4  materials, the personal identification card number of the

  5  person delivering such items.

  6         (c)  Materials from another secondary metals recycler

  7  for purposes of the processing of such materials, the

  8  purchaser shall record the seller's name, address, and date of

  9  purchase.

10         (d)  Motor vehicles, mobile homes, or derelicts from

11  other than a secondary metals recycler for purposes of the

12  processing of such motor vehicles, mobile homes, or derelicts,

13  the purchaser shall record the seller's name, address, date of

14  purchase, and the personal identification card number of the

15  person delivering such items, and shall obtain the following

16  documentation from the seller with respect to each item

17  purchased:

18         1.  A valid certificate of title issued in the name of

19  the seller or properly endorsed over to the seller;

20         2.  A valid certificate of destruction issued in the

21  name of the seller or properly endorsed over to the seller; or

22         3.  If a valid certificate of title or a valid

23  certificate of destruction is not available, an affidavit

24  signed by the seller stating that the seller returned the

25  certificate of title to the State of Florida pursuant to

26  subsection (2) and the date on which such return was made, and

27  setting forth the vehicle identification number of such motor

28  vehicle, mobile home, or derelict.

29         (e)  Major parts from other than a secondary metals

30  recycler for purposes of the processing of such major parts,

31  the purchaser shall record the seller's name, address, date of

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 661

    Amendment No. 1 (for drafter's use only)





  1  purchase, and the personal identification card number of the

  2  person delivering such items, as well as the vehicle

  3  identification number, if available, of each major part

  4  purchased.

  5

  6  Any person who violates this subsection commits a felony of

  7  the third degree, punishable as provided in s. 775.082, s.

  8  775.083, or s. 775.084.

  9         (8)(a)  Secondary metals recyclers and salvage motor

10  vehicle dealers shall return to the department on a monthly

11  basis all certificates of title required by this section to be

12  obtained.

13         (b)  Secondary metals recyclers and salvage motor

14  vehicle dealers shall keep all certificates of destruction,

15  seller's affidavits, and all other information required by

16  this section to be recorded or obtained, on file in the

17  offices of such secondary metals recyclers or salvage motor

18  vehicle dealers for a period of 3 years from the date of

19  purchase of the items reflected in such certificates of

20  destruction or seller's affidavits.  These records shall be

21  maintained in chronological order.

22         (c)  For the purpose of enforcement of this section,

23  the department or its agents and employees have the same right

24  of inspection as law enforcement officers as provided in s.

25  812.055.

26         (9)  Except as otherwise provided in this section, any

27  person who violates this section commits a felony of the third

28  degree, punishable as provided in s. 775.082, s. 775.083, or

29  s. 775.084.

30         Section 2.  Effective July 1, 2003, S. 319.41, Florida

31  Statutes, is created to read:

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 661

    Amendment No. 1 (for drafter's use only)





  1         319.41  Title History Database.--

  2         The department shall make available on the internet a

  3  database of title transactions searchable by vehicle

  4  identification number.  In the internet database, the

  5  department shall only provide access to information relating

  6  to the year, make, model and mileage of the vehicle, along

  7  with  date of sales and any brands or outstanding liens on the

  8  title.

  9         Section 3.  This act shall take effect July 1, 2002.

10

11

12  ================ T I T L E   A M E N D M E N T ===============

13  And the title is amended as follows:

14         On page 1, lines 2 through 4,

15  remove:  all of said lines

16

17  and insert:

18         An act relating to vehicle title certificates;

19         amending s. 319.30, F.S.; redefining the term

20         "total loss"; creating s. 319.41, F.S.;

21         providing for a searchable database of title

22         history; providing an effective date

23

24

25

26

27

28

29

30

31

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