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A bill to be entitled

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An act relating to the dismantling and destruction of

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motor vehicles and mobile homes; amending s. 319.30, F.S.;

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revising definitions; defining "certificate of title,"

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"derelict motor vehicle," "derelict motor vehicle

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certificate," "recreational vehicle," and "salvage

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certificate of title"; revising provisions requiring that

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certain documents accompany a motor vehicle or mobile home

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sold, transported, or delivered to a salvage motor vehicle

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dealer or a secondary metals recycler; providing

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requirements for the transfer of a derelict motor vehicle

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to a salvage motor vehicle dealer or a secondary metals

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recycler; requiring the purchaser to record and maintain

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certain information; providing for the use of a derelict

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motor vehicle certificate if the certificate of title,

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salvage certificate of title, or certificate of

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destruction is not available; restricting reassignment of

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a derelict motor vehicle certificate; providing penalties;

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revising provisions for reporting to the Department of

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Highway Safety and Motor Vehicles and cancellation of

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title records; providing for an electronic notification

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system to be established by the department; providing for

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the placement of a hold on a motor vehicle or mobile home

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in the possession of a salvage motor vehicle dealer or

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secondary metals recycler by an agent or employee of the

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department or a law enforcement officer who has reason to

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believe that the motor vehicle or mobile home was stolen

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or is fraudulently titled; authorizing the department to

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adopt rules and charge described fees; amending s. 319.14,

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F.S.; correcting a cross-reference; providing an effective

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date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 319.30, Florida Statutes, is amended to

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read:

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     319.30  Definitions; dismantling, destruction, change of

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

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

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     (a)  "Certificate of destruction" means the certificate

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issued pursuant to s. 713.78(11) or s. 713.785(7)(a).

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     (b)  "Certificate of registration number" means the

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certificate of registration number issued by the Department of

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

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     (c) "Certificate of title" means a record that serves as

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evidence of ownership of a vehicle, whether such record is a

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paper certificate authorized by the department or a certificate

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consisting of information stored in electronic form in the

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department's database.

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

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been a motor vehicle or mobile home, which is not a major part or

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major component part with or without all component parts, which

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is inoperable, and which material is in such condition that its

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highest or primary value is either in its sale or transfer as

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scrap metal or for its component parts, or a combination of the

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two.

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     (e) "Derelict motor vehicle" means any motor vehicle as

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defined in s. 320.01(1) or mobile home as defined in s.

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320.01(2), with or without all parts, major parts, or major

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component parts, which is valued under $1,000, is at least 10

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model years old, and is in such condition that its highest or

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primary value is for sale, transport, or delivery to a licensed

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salvage motor vehicle dealer or registered secondary metals

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recycler for dismantling its component parts or conversion to

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scrap metal.

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     (f) "Derelict motor vehicle certificate" means a

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certificate completed by the derelict motor vehicle owner, the

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owner's authorized transporter when different from the owner, and

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the licensed salvage motor vehicle dealer or the registered

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secondary metals recycler and submitted to the department for

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cancellation of the title record of the derelict motor vehicle. A

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derelict motor vehicle certificate may be reassigned only one

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time if the derelict motor vehicle certificate was completed by a

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licensed salvage motor vehicle dealer and the derelict motor

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vehicle was sold to a secondary metals recycler.

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

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a motor vehicle or mobile home, with or without all component

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parts, which is inoperable and which material is in such

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condition that its highest or primary value is either in its sale

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or transfer as scrap metal or for its component parts, or a

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combination of the two, except when sold or delivered to or when

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purchased, possessed, or received by a secondary metals recycler

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or salvage motor vehicle dealer.

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     (h)(e) "Major component parts" means:

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     1.  For motor vehicles other than motorcycles, the front-end

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assembly (fenders, hood, grill, and bumper), cowl assembly, rear

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body section (both quarter panels, trunk lid, door, decklid, and

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bumper), floor pan, door assemblies, engine, frame, transmission,

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and airbag.

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     2.  For trucks, in addition to those parts listed in

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subparagraph 1., any truck bed, including dump, wrecker, crane,

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mixer, cargo box, or any bed which mounts to a truck frame.

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     3.  For motorcycles, the body assembly, frame, fenders, gas

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tanks, engine, cylinder block, heads, engine case, crank case,

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transmission, drive train, front fork assembly, and wheels.

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     4.  For mobile homes, the frame.

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     (i)(f) "Major part" means the front-end assembly, cowl

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assembly, or rear body section.

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

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major parts that are not prepared materials.

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

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320.01(2).

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     (l)(i) "Motor vehicle" means motor vehicle as defined in s.

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320.01(1).

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

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combinations thereof that do not constitute materials or prepared

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materials.

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     (n)(k) "Personal identification card" means personal

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

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

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homes, derelict motor vehicles derelicts, major parts, or parts

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that have been processed by mechanically flattening or crushing,

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or otherwise processed such that they are not the motor vehicle

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or mobile home described in the certificate of title, or their

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only value is as scrap metal.

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

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manufacturing process by which ferrous metals or nonferrous

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metals are converted into raw material products consisting of

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prepared grades and having an existing or potential economic

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

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therefor.

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     (q) "Recreational vehicle" means a motor vehicle as defined

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in s. 320.01(1).

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

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

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     (s) "Salvage certificate of title" means a salvage

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certificate of title issued by the department or by another motor

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vehicle department authorized to issue titles in another state.

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

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

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

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recycler as defined in s. 538.18(8).

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

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certificate of title, when such motor vehicle or mobile home is

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dismantled, destroyed, or changed in such manner that it is not

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the motor vehicle or mobile home described in the certificate of

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title, shall surrender his or her certificate of title to the

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department, and thereupon the department shall, with the consent

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of any lienholders noted thereon, enter a cancellation upon its

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records. Upon cancellation of a certificate of title in the

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manner prescribed by this section, the department may cancel and

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destroy all certificates in that chain of title. Any person who

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willfully and deliberately violates this paragraph commits a

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misdemeanor of the second degree, punishable as provided in s.

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775.082 or s. 775.083.

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     (b)1. When a motor vehicle, recreational vehicle, or mobile

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home is sold, transported, or delivered to a salvage motor

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vehicle dealer, it shall be accompanied by:

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     a. A valid certificate of title issued in the name of the

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seller or properly endorsed over to the seller;

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     b. A valid salvage certificate of title issued in the name

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

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     c. A valid certificate of destruction issued in the name of

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the seller or properly endorsed over to the seller.

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     1. A properly endorsed certificate of title, salvage

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certificate of title, or vehicle certificate of destruction

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issued by the department; or

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

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department, a notarized affidavit signed by the owner stating

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that the title has been returned to the State of Florida pursuant

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to paragraph (a), the date on which such return was made, the

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year, make, and vehicle identification number of the motor

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vehicle, and the name, address, and personal identification card

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number of the owner. Any person who willfully and deliberately

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violates this paragraph subparagraph by selling, transporting,

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delivering, purchasing, or receiving a motor vehicle,

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recreational vehicle, or mobile home without obtaining a properly

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endorsed certificate of title, salvage certificate of title, or

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certificate of destruction from the owner falsifying a required

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affidavit commits a felony of the third degree, punishable as

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provided in s. 775.082, s. 775.083, or s. 775.084.

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     (c)1. When a derelict motor vehicle is sold, transported,

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or delivered to a licensed salvage motor vehicle dealer, the

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purchaser shall record the date of purchase and the name,

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address, and personal identification card number of the person

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selling the derelict motor vehicle, and it shall be accompanied

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by:

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     a. A valid certificate of title issued in the name of the

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seller or properly endorsed over to the seller;

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     b. A valid salvage certificate of title issued in the name

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

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     c. A valid certificate of destruction issued in the name of

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the seller or properly endorsed over to the seller.

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     2. If the certificate of title, salvage certificate of

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title, or certificate of destruction is not available, a derelict

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motor vehicle certificate shall be completed by the owner of the

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motor vehicle or mobile home, the owner's authorized transporter,

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and the licensed salvage motor vehicle dealer at the time of

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sale, transport, or delivery to the licensed salvage motor

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vehicle dealer. The derelict motor vehicle certificate shall be

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used by the owner, the owner's authorized transporter, and the

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licensed salvage motor vehicle dealer. The licensed salvage motor

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vehicle dealer shall secure the motor vehicle or mobile home for

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3 full business days, excluding weekends and holidays, before

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destroying or dismantling the derelict motor vehicle and shall

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follow all reporting procedures established by the department,

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including electronic notification to the department or delivery

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of the original derelict motor vehicle certificate to an agent of

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the department within 24 hours after receiving the derelict motor

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vehicle.

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     3. Any person who willfully and deliberately violates this

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paragraph by selling, transporting, delivering, purchasing, or

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receiving a derelict motor vehicle without obtaining a

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certificate of title, salvage certificate of title, certificate

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of destruction, or derelict motor vehicle certificate; enters

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false or fictitious information on a derelict motor vehicle

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certificate; does not complete the derelict motor vehicle

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certificate as required or does not make the required

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notification to the department; or destroys or dismantles a

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derelict motor vehicle without waiting the required 3 full

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business days Anyone who willfully and knowingly induces a person

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to sign an affidavit that falsely asserts that the vehicle title

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has been surrendered to the department commits a felony of the

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third degree, punishable as provided in s. 775.082, or s.

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775.083, or s. 775.084.

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     (3)(a)1.  As used in this section, a motor vehicle or mobile

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home is a "total loss":

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     a.  When an insurance company pays the vehicle owner to

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

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quality or when an insurance company pays the owner upon the

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theft of the motor vehicle or mobile home; or

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     b.  When an uninsured motor vehicle or mobile home is

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

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

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cost to the owner of replacing the wrecked or damaged motor

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vehicle or mobile home with one of like kind and quality.

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     2.  A motor vehicle or mobile home shall not be considered a

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"total loss" if the insurance company and owner of a motor

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vehicle or mobile home agree to repair, rather than to replace,

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the motor vehicle or mobile home. However, if the actual cost to

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repair the motor vehicle or mobile home to the insurance company

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exceeds 100 percent of the cost of replacing the wrecked or

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

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quality, the owner shall forward to the department, within 72

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hours after the agreement, a request to brand the certificate of

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title with the words "Total Loss Vehicle." Such a brand shall

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become a part of the vehicle's title history.

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     (b)  The owner, including persons who are self-insured, of

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any motor vehicle or mobile home which is considered to be

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salvage shall, within 72 hours after the motor vehicle or mobile

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home becomes salvage, forward the title to the motor vehicle or

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mobile home to the department for processing. However, an

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insurance company which pays money as compensation for total loss

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of a motor vehicle or mobile home shall obtain the certificate of

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title for the motor vehicle or mobile home and, within 72 hours

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after receiving such certificate of title, shall forward such

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title to the department for processing. The owner or insurance

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company, as the case may be, may not dispose of a vehicle or

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mobile home that is a total loss before it has obtained a salvage

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certificate of title or certificate of destruction from the

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department. When applying for a salvage certificate of title or

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certificate of destruction, the owner or insurance company must

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provide the department with an estimate of the costs of repairing

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the physical and mechanical damage suffered by the vehicle for

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which a salvage certificate of title or certificate of

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destruction is sought. If the estimated costs of repairing the

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physical and mechanical damage to the vehicle are equal to 80

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

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established in any official used car or used mobile home guide,

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the department shall declare the vehicle unrebuildable and print

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a certificate of destruction, which authorizes the dismantling or

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destruction of the motor vehicle or mobile home described

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therein. However, if the damaged motor vehicle is equipped with

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custom-lowered floors for wheelchair access or a wheelchair lift,

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the insurance company may, upon determining that the vehicle is

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repairable to a condition that is safe for operation on public

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roads, submit the certificate of title to the department for

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reissuance as a salvage rebuildable title and the addition of a

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title brand of "insurance-declared total loss." The This

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certificate of destruction shall be reassignable a maximum of two

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times before dismantling or destruction of the vehicle shall be

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required, and shall accompany the motor vehicle or mobile home

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for which it is issued, when such motor vehicle or mobile home is

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sold for such purposes, in lieu of a certificate of title, and,

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thereafter, the department shall refuse issuance of any

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certificate of title for that vehicle. Nothing in this subsection

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shall be applicable when a vehicle is worth less than $1,500

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retail in undamaged condition in any official used motor vehicle

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

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mobile home is recovered in substantially intact condition and is

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readily resalable without extensive repairs to or replacement of

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the frame or engine. Any person who willfully and deliberately

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violates this paragraph or falsifies any document to avoid the

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requirements of this paragraph commits a misdemeanor of the first

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

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

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possession any motor vehicle or mobile home when the

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manufacturer's or state-assigned identification number plate or

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serial plate has been removed therefrom.

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     (a)  Nothing in this subsection shall be applicable when a

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vehicle defined in this section as a derelict or salvage was

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purchased or acquired from a foreign state requiring such

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vehicle's identification number plate to be surrendered to such

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state, provided the person shall have an affidavit from the

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seller describing the vehicle by manufacturer's serial number and

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the state to which such vehicle's identification number plate was

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surrendered.

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     (b)  Nothing in this subsection shall be applicable if a

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certificate of destruction has been obtained for the vehicle.

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

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sell, or exchange, offer to sell or exchange, or give away any

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certificate of title or manufacturer's or state-assigned

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identification number plate or serial plate of any motor vehicle,

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mobile home, or derelict that has been sold as salvage contrary

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

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

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

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give away such certificate of title or manufacturer's or state-

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assigned identification number plate or serial plate.

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     (b)  It is unlawful for any person to knowingly possess,

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sell, or exchange, offer to sell or exchange, or give away any

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manufacturer's or state-assigned identification number plate or

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

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

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

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

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or to offer to sell, exchange, or give away such manufacturer's

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or state-assigned identification number plate or serial plate.

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

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possesses, or replaces a manufacturer's or state-assigned

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identification number plate, in the course of performing repairs

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on a vehicle, that require such removal or replacement. If the

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repair requires replacement of a vehicle part that contains the

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manufacturer's or state-assigned identification number plate, the

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manufacturer's or state-assigned identification number plate that

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is assigned to the vehicle being repaired will be installed on

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the replacement part. The manufacturer's or state-assigned

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identification number plate that was removed from this

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replacement part will be installed on the part that was removed

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from the vehicle being repaired.

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

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vehicle dealer of materials or major component parts for any

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reason, the purchaser shall:

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     1.(a) For each item of materials or major component parts

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purchased, the salvage motor vehicle dealer shall record the date

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

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personal identification card number of the person selling

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delivering such items, as well as the vehicle identification

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number, if available.

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

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component parts purchased, obtain such documentation as may be

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required by subsection (2).

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     (b) Any person who violates this subsection commits a

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felony of the third degree misdemeanor of the first degree,

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

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775.084.

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

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recycler, that has been issued a certificate of registration

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number, of:

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     1.(a) Materials, prepared materials, or parts from any

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seller for purposes other than the processing of such materials,

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prepared materials, or parts, the purchaser shall obtain such

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documentation as may be required by this section, and shall

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record the seller's name and address, date of purchase, and the

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personal identification card number of the person delivering such

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items.

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     2.(b) Parts or prepared materials from any seller for

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purposes of the processing of such parts or prepared materials,

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the purchaser shall record the seller's name and address and date

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of purchase; and, in the event of a purchase transaction

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consisting primarily of parts or prepared materials, the personal

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identification card number of the person delivering such items.

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     3.(c) Materials from another secondary metals recycler for

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purposes of the processing of such materials, the purchaser shall

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record the seller's name and, address, and date of purchase.

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     4.a.(d) Motor vehicles, recreational vehicles, mobile

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homes, or derelict motor vehicles derelicts from other than a

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secondary metals recycler for purposes of the processing of such

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motor vehicles, recreational vehicles, mobile homes, or derelict

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motor vehicles derelicts, the purchaser shall record the date of

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purchase and the seller's name, address, date of purchase, and

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the personal identification card number of the person selling

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delivering such items, and shall obtain the following

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documentation from the seller with respect to each item

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purchased:

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     (I)1. A valid certificate of title issued in the name of

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the seller or properly endorsed over to the seller;

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     (II)2. A valid certificate of destruction issued in the

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

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     (III)3. A valid derelict motor vehicle certificate

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completed by a licensed salvage motor vehicle dealer and properly

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reassigned to the secondary metals recycler.

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     b. If a valid certificate of title, salvage certificate of

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title, or a valid certificate of destruction, or derelict motor

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vehicle certificate is not available and the motor vehicle or

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mobile home is a derelict motor vehicle, a derelict motor vehicle

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certificate shall be completed by the owner of the motor vehicle

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or mobile home, the owner's authorized transporter, and the

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registered secondary metals recycler at the time of sale,

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transport, or delivery to the registered secondary metals

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recycler. The derelict motor vehicle certificate shall be used by

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the owner, the owner's authorized transporter, and the registered

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secondary metals recycler. The registered secondary metals

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recycler shall secure the derelict motor vehicle for 3 full

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business days, excluding weekends and holidays, before destroying

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or dismantling the derelict motor vehicle and shall follow all

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reporting procedures established by the department, including

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electronic notification to the department or delivery of the

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original derelict motor vehicle certificate to an agent of the

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department within 24 hours after receiving the derelict motor

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vehicle an affidavit signed by the seller stating that the seller

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returned the certificate of title to the State of Florida

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pursuant to subsection (2) and the date on which such return was

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made, and setting forth the vehicle identification number of such

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motor vehicle, mobile home, or derelict.

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     c. Any person who willfully and deliberately violates this

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subparagraph by selling, transporting, delivering, purchasing, or

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receiving a motor vehicle, recreational motor vehicle, mobile

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home, or derelict motor vehicle without obtaining a certificate

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of title, salvage certificate of title, certificate of

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destruction, or derelict motor vehicle certificate; enters false

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or fictitious information on a derelict motor vehicle

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certificate; does not complete the derelict motor vehicle

414

certificate as required or does not make the required

415

notification to the department; or destroys or dismantles a

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derelict motor vehicle without waiting the required 3 full

417

business days commits a felony of the third degree, punishable as

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provided in s. 775.082, s. 775.083, or s. 775.084.

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     5.(e) Major parts from other than a secondary metals

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

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

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purchase, and the personal identification card number of the

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person delivering such items, as well as the vehicle

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identification number, if available, of each major part

425

purchased.

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     (b) Any person who violates this subsection commits a

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felony of the third degree, punishable as provided in s. 775.082,

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s. 775.083, or s. 775.084.

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

430

dealers shall return to the department on a monthly basis all

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certificates of title and salvage certificates of title that are

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required by this section to be obtained. Secondary metals

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recyclers and salvage motor vehicle dealers may elect to notify

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the department electronically through procedures established by

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the department when they receive each motor vehicle or mobile

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home, salvage motor vehicle or mobile home, or derelict motor

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vehicle with a certificate of title or salvage certificate of

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title through procedures established by the department. The

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department may adopt rules and establish fees as it deems

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necessary or proper for the administration of the electronic

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notification service.

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     (b)  Secondary metals recyclers and salvage motor vehicle

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dealers shall keep originals, or a copy in the event the original

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was returned to the department, of all certificates of title,

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salvage certificates of title, certificates of destruction,

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derelict motor vehicle certificates all certificates of

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destruction, seller's affidavits, and all other information

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required by this section to be recorded or obtained, on file in

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the offices of such secondary metals recyclers or salvage motor

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

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purchase of the items reflected in such certificates of title,

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salvage certificates of title, certificates of destruction, or

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derelict motor vehicle certificates seller's affidavits. These

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records shall be maintained in chronological order.

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

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department or its agents and employees have the same right of

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inspection as law enforcement officers as provided in s. 812.055.

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     (d) Whenever the department, its agent or employee, or any

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law enforcement officer has reason to believe that a stolen or

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fraudulently titled motor vehicle, mobile home, recreational

461

vehicle, salvage motor vehicle, or derelict motor vehicle is in

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the possession of a salvage motor vehicle dealer or secondary

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metals recycler, the department, its agent or employee, or the

464

law enforcement officer may issue a hold notice, not to exceed 5

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business days, excluding weekends and holidays, to the salvage

466

motor vehicle dealer or registered secondary metals recycler.

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     (e) Whenever a salvage motor vehicle dealer or registered

468

secondary metals recycler is notified by the department, its

469

agent or employee, or any law enforcement officer to hold a motor

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vehicle, mobile home, recreational vehicle, salvage motor

471

vehicle, or derelict motor vehicle that is believed to be stolen

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or fraudulently titled, the salvage motor vehicle dealer or

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registered secondary metals recycler shall hold the motor

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vehicle, mobile home, recreational vehicle, salvage motor

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vehicle, or derelict motor vehicle and may not dismantle or

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destroy the motor vehicle, mobile home, recreational vehicle,

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salvage motor vehicle, or derelict motor vehicle until it is

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recovered by a law enforcement officer, the hold is released by

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the department or the law enforcement officer placing the hold,

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or the 5 working days have passed since being notified of the

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hold.

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     (f) The department is authorized to adopt rules pursuant to

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ss. 120.536(1) and 120.54 establishing policies and procedures to

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administer and enforce this section.

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     (g) The department shall charge a fee of $3 for each

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derelict motor vehicle certificate delivered to the department or

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one of its agents for processing and shall mark the title record

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canceled. A service charge may be collected under s. 320.04.

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

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person who violates this section commits a felony of the third

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

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775.084.

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     Section 2.  Paragraph (b) of subsection (1) of section

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319.14, Florida Statutes, is amended to read:

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     319.14  Sale of motor vehicles registered or used as

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taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

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and nonconforming vehicles.--

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     (1)

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     (b)  No person shall knowingly offer for sale, sell, or

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exchange a rebuilt vehicle until the department has stamped in a

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conspicuous place on the certificate of title for the vehicle

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words stating that the vehicle has been rebuilt or assembled from

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parts, or is a kit car, glider kit, replica, or flood vehicle

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unless proper application for a certificate of title for a

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vehicle that is rebuilt or assembled from parts, or is a kit car,

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glider kit, replica, or flood vehicle has been made to the

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department in accordance with this chapter and the department has

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conducted the physical examination of the vehicle to assure the

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identity of the vehicle and all major component parts, as defined

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in s. 319.30(1)(e), which have been repaired or replaced.

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Thereafter, the department shall affix a decal to the vehicle, in

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the manner prescribed by the department, showing the vehicle to

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be rebuilt.

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     Section 3.  This act shall take effect October 1, 2008.