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A bill to be entitled

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An act relating to salvage motor vehicles; amending s.

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319.30, F.S.; providing criminal penalties for delivering

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to a salvage motor vehicle dealer a vehicle that has a

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false, fictitious, or altered title, salvage certificate

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of title, or certificate of destruction; deleting a

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provision allowing the substitution of an affidavit in

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place of a title or certificate of destruction; requiring

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secondary metals recyclers and salvage motor vehicle

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dealers to keep certain documentation; providing an

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effective date.

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

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     Section 1.  Subsection (2), paragraph (d) of subsection (7),

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and paragraph (b) of subsection (8) of section 319.30, Florida

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Statutes, are amended to 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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     (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)  When a motor vehicle is sold, transported, or delivered

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to a salvage motor vehicle dealer, it shall be accompanied by:

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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 subparagraph by selling, transporting, or

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delivering to a salvage motor vehicle dealer a motor vehicle that

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has a false, fictitious, or altered title, salvage certificate of

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title, or certificate of destruction, or by 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)  Anyone who willfully and knowingly induces a person to

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sign an affidavit that falsely asserts that the vehicle title has

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been surrendered to the department commits a felony of the third

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

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     (7)  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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     (d)  Motor vehicles, mobile homes, or derelicts from other

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than a secondary metals recycler for purposes of the processing

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of such motor vehicles, mobile homes, or derelicts, the purchaser

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

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the personal identification card number of the person delivering

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such items, and shall obtain the following documentation from the

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seller with respect to each item purchased:

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

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seller or properly endorsed over to the seller; or

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

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

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

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of destruction is not available, an affidavit signed by the

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seller stating that the seller returned the certificate of title

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to the State of Florida pursuant to subsection (2) and the date

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on which such return was made, and setting forth the vehicle

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identification number of such motor vehicle, mobile home, or

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derelict.

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Any person who violates this subsection commits a felony of the

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

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or s. 775.084.

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     (8)

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     (b)  Secondary metals recyclers and salvage motor vehicle

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dealers shall keep all original certificates of destruction,

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copies of the front and back of all certificates of titles,

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salvage certificates of titles surrendered to the department

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

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section to be recorded or obtained, on file in the offices of

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such secondary metals recyclers or salvage motor vehicle dealers

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for a period of 3 years following from the date of purchase of

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the items reflected in such certificates of destruction,

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certificates of title, or salvage certificates of title or

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seller's affidavits. These records shall be maintained in

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chronological order.

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     Section 2.  This act shall take effect July 1, 2008.