| 1 | Representative Glorioso offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 117-118 and insert: |
| 5 | Section 3. Section 319.30, Florida Statutes, is amended to |
| 6 | read: |
| 7 | 319.30 Definitions; dismantling, destruction, change of |
| 8 | identity of motor vehicle or mobile home; salvage.-- |
| 9 | (1) As used in this section, the term: |
| 10 | (a) "Certificate of destruction" means the certificate |
| 11 | issued pursuant to s. 713.78(11) or s. 713.785(7)(a). |
| 12 | (b) "Certificate of registration number" means the |
| 13 | certificate of registration number issued by the Department of |
| 14 | Revenue of the State of Florida pursuant to s. 538.25. |
| 15 | (c) "Certificate of title" means a record that serves as |
| 16 | evidence of ownership of a vehicle, whether such record is a |
| 17 | paper certificate authorized by the department or by a motor |
| 18 | vehicle department authorized to issue titles in another state |
| 19 | or a certificate consisting of information stored in electronic |
| 20 | form in the department's database. |
| 21 | (d) "Derelict" means any material which is or may have |
| 22 | been a motor vehicle or mobile home, which is not a major part |
| 23 | or major component part, which is inoperable, and which is in |
| 24 | such condition that its highest or primary value is in its sale |
| 25 | or transfer as scrap metal. |
| 26 | (e) "Derelict motor vehicle" means any motor vehicle as |
| 27 | defined in s. 320.01(1) or mobile home as defined in s. |
| 28 | 320.01(2), with or without all parts, major parts, or major |
| 29 | component parts, which is valued under $1,000, is at least 10 |
| 30 | model years old ,beginning with the model year of the vehicle as |
| 31 | year one, and is in such condition that its highest or primary |
| 32 | value is for sale, transport, or delivery to a licensed salvage |
| 33 | motor vehicle dealer or registered secondary metals recycler for |
| 34 | dismantling its component parts or conversion to scrap metal. |
| 35 | (f) "Derelict motor vehicle certificate" means a |
| 36 | certificate issued by the department, which serves as evidence |
| 37 | that a derelict motor vehicle will be dismantled or converted to |
| 38 | scrap metal. The certificate is obtained by completing a |
| 39 | derelict motor vehicle certificate application authorized by the |
| 40 | department completed by the derelict motor vehicle owner, the |
| 41 | owner's authorized transporter when different from the owner, |
| 42 | and the licensed salvage motor vehicle dealer or the registered |
| 43 | secondary metals recycler and submitted to the department for |
| 44 | cancellation of the title record of the derelict motor vehicle. |
| 45 | A derelict motor vehicle certificate may be reassigned only one |
| 46 | time if the derelict motor vehicle certificate was completed by |
| 47 | a licensed salvage motor vehicle dealer and the derelict motor |
| 48 | vehicle was sold to a secondary metals recycler. |
| 49 | (g) "Junk" means any material which is or may have been a |
| 50 | motor vehicle or mobile home, with or without all component |
| 51 | parts, which is inoperable and which material is in such |
| 52 | condition that its highest or primary value is either in its |
| 53 | sale or transfer as scrap metal or for its component parts, or a |
| 54 | combination of the two, except when sold or delivered to or when |
| 55 | purchased, possessed, or received by a secondary metals recycler |
| 56 | or salvage motor vehicle dealer. |
| 57 | (h) "Major component parts" means: |
| 58 | 1. For motor vehicles other than motorcycles, the front- |
| 59 | end assembly (fenders, hood, grill, and bumper), cowl assembly, |
| 60 | rear body section (both quarter panels, trunk lid, door, |
| 61 | decklid, and bumper), floor pan, door assemblies, engine, frame, |
| 62 | transmission, and airbag. |
| 63 | 2. For trucks, in addition to those parts listed in |
| 64 | subparagraph 1., any truck bed, including dump, wrecker, crane, |
| 65 | mixer, cargo box, or any bed which mounts to a truck frame. |
| 66 | 3. For motorcycles, the body assembly, frame, fenders, gas |
| 67 | tanks, engine, cylinder block, heads, engine case, crank case, |
| 68 | transmission, drive train, front fork assembly, and wheels. |
| 69 | 4. For mobile homes, the frame. |
| 70 | (i) "Major part" means the front-end assembly, cowl |
| 71 | assembly, or rear body section. |
| 72 | (j) "Materials" means motor vehicles, derelicts, and major |
| 73 | parts that are not prepared materials. |
| 74 | (k) "Mobile home" means mobile home as defined in s. |
| 75 | 320.01(2). |
| 76 | (l) "Motor vehicle" means motor vehicle as defined in s. |
| 77 | 320.01(1). |
| 78 | (m) "Parts" means parts of motor vehicles or combinations |
| 79 | thereof that do not constitute materials or prepared materials. |
| 80 | (n) "Personal identification card" means personal |
| 81 | identification card as defined in s. 538.18(5). |
| 82 | (o) "Prepared materials" means motor vehicles, mobile |
| 83 | homes, derelict motor vehicles, major parts, or parts that have |
| 84 | been processed by mechanically flattening or crushing, or |
| 85 | otherwise processed such that they are not the motor vehicle or |
| 86 | mobile home described in the certificate of title, or their only |
| 87 | value is as scrap metal. |
| 88 | (p) "Processing" means the business of performing the |
| 89 | manufacturing process by which ferrous metals or nonferrous |
| 90 | metals are converted into raw material products consisting of |
| 91 | prepared grades and having an existing or potential economic |
| 92 | value, or the purchase of materials, prepared materials, or |
| 93 | parts therefor. |
| 94 | (q) "Recreational vehicle" means a motor vehicle as |
| 95 | defined in s. 320.01(1). |
| 96 | (r) "Salvage" means a motor vehicle or mobile home which |
| 97 | is a total loss as defined in paragraph (3)(a). |
| 98 | (s) "Salvage certificate of title" means a salvage |
| 99 | certificate of title issued by the department or by another |
| 100 | motor vehicle department authorized to issue titles in another |
| 101 | state. |
| 102 | (t) "Salvage motor vehicle dealer" means salvage motor |
| 103 | vehicle dealer as defined in s. 320.27(1)(c)5. |
| 104 | (u) "Secondary metals recycler" means secondary metals |
| 105 | recycler as defined in s. 538.18(8). |
| 106 | (v) "Seller" means a person who has physical possession |
| 107 | and responsibility for a derelict motor vehicle and attests that |
| 108 | all attempts to locate the lawful titled owner have been |
| 109 | exhausted. A seller does not include towing companies, repair |
| 110 | shops, or landlords unless they have obtained title, salvage |
| 111 | title, or a certificate of destruction in their name. |
| 112 | (2)(a) Each person mentioned as owner in the last issued |
| 113 | certificate of title, when such motor vehicle or mobile home is |
| 114 | dismantled, destroyed, or changed in such manner that it is not |
| 115 | the motor vehicle or mobile home described in the certificate of |
| 116 | title, shall surrender his or her certificate of title to the |
| 117 | department, and thereupon the department shall, with the consent |
| 118 | of any lienholders noted thereon, enter a cancellation upon its |
| 119 | records. Upon cancellation of a certificate of title in the |
| 120 | manner prescribed by this section, the department may cancel and |
| 121 | destroy all certificates in that chain of title. Any person who |
| 122 | willfully and deliberately violates this paragraph commits a |
| 123 | misdemeanor of the second degree, punishable as provided in s. |
| 124 | 775.082 or s. 775.083. |
| 125 | (b)1. When a motor vehicle, recreational vehicle, or |
| 126 | mobile home is sold, transported, or delivered to a salvage |
| 127 | motor vehicle dealer, it shall be accompanied by: |
| 128 | a. A valid certificate of title issued in the name of the |
| 129 | seller or properly endorsed as required in s. 319.22, over to |
| 130 | the seller; |
| 131 | b. A valid salvage certificate of title issued in the name |
| 132 | of the seller or properly endorsed as required in s. 319.22, |
| 133 | over to the seller; or |
| 134 | c. A valid certificate of destruction issued in the name |
| 135 | of the seller or properly endorsed over to the seller. |
| 136 | 2. Any person who willfully and deliberately violates this |
| 137 | paragraph by selling, transporting, delivering, purchasing, or |
| 138 | receiving a motor vehicle, recreational vehicle, or mobile home |
| 139 | without obtaining a properly endorsed certificate of title, |
| 140 | salvage certificate of title, or certificate of destruction from |
| 141 | the owner commits a felony of the third degree, punishable as |
| 142 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 143 | (c)1. When a derelict motor vehicle is sold, transported, |
| 144 | or delivered to a licensed salvage motor vehicle dealer, the |
| 145 | purchaser shall record the date of purchase and the name, |
| 146 | address, and personal identification card number of the person |
| 147 | selling the derelict motor vehicle, and it shall be accompanied |
| 148 | by: |
| 149 | a. A valid certificate of title issued in the name of the |
| 150 | seller or properly endorsed as required in s. 319.22, over to |
| 151 | the seller; |
| 152 | b. A valid salvage certificate of title issued in the name |
| 153 | of the seller or properly endorsed as required in s. 319.22, |
| 154 | over to the seller; or |
| 155 | c. A valid certificate of destruction issued in the name |
| 156 | of the seller or properly endorsed over to the seller. |
| 157 | 2. If the certificate of title, salvage certificate of |
| 158 | title, or certificate of destruction is not available, a |
| 159 | derelict motor vehicle certificate application shall be |
| 160 | completed by the seller or owner of the motor vehicle or mobile |
| 161 | home, the seller's or owner's authorized transporter, and the |
| 162 | licensed salvage motor vehicle dealer at the time of sale, |
| 163 | transport, or delivery to the licensed salvage motor vehicle |
| 164 | dealer. The derelict motor vehicle certificate application shall |
| 165 | be used by the seller or owner, the seller's or owner's |
| 166 | authorized transporter, and the licensed salvage motor vehicle |
| 167 | dealer to obtain a derelict motor vehicle certificate from the |
| 168 | department. The identifying number on the personal |
| 169 | identification card of the seller or owner must be recorded on |
| 170 | the derelict motor vehicle certification application. The |
| 171 | derelict motor vehicle certificate application must be |
| 172 | accompanied by a copy of the seller's or owner's personal |
| 173 | identification card when the personal identification card is |
| 174 | something other than a Florida driver's license or Florida |
| 175 | identification card. The licensed salvage motor vehicle dealer |
| 176 | shall secure the motor vehicle or mobile home for 3 full |
| 177 | business days, excluding weekends and holidays, before |
| 178 | destroying or dismantling the derelict motor vehicle and shall |
| 179 | follow all reporting procedures established by the department, |
| 180 | including electronic notification to the department or delivery |
| 181 | of the original derelict motor vehicle certificate application |
| 182 | to an agent of the department within 24 hours after receiving |
| 183 | the derelict motor vehicle. |
| 184 | 3. Any person who willfully and deliberately violates this |
| 185 | paragraph by selling, transporting, delivering, purchasing, or |
| 186 | receiving a derelict motor vehicle without obtaining a |
| 187 | certificate of title, salvage certificate of title, certificate |
| 188 | of destruction, or derelict motor vehicle certificate |
| 189 | application; enters false or fictitious information on a |
| 190 | derelict motor vehicle certificate application; does not |
| 191 | complete the derelict motor vehicle certificate application as |
| 192 | required; does not obtain a copy of the seller or owner's |
| 193 | personal identification card when required; or does not make the |
| 194 | required notification to the department; or destroys or |
| 195 | dismantles a derelict motor vehicle without waiting the required |
| 196 | 3 full business days commits a felony of the third degree, |
| 197 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 198 | (3)(a)1. As used in this section, a motor vehicle or |
| 199 | mobile home is a "total loss": |
| 200 | a. When an insurance company pays the vehicle owner to |
| 201 | replace the wrecked or damaged vehicle with one of like kind and |
| 202 | quality or when an insurance company pays the owner upon the |
| 203 | theft of the motor vehicle or mobile home; or |
| 204 | b. When an uninsured motor vehicle or mobile home is |
| 205 | wrecked or damaged and the cost, at the time of loss, of |
| 206 | repairing or rebuilding the vehicle is 80 percent or more of the |
| 207 | cost to the owner of replacing the wrecked or damaged motor |
| 208 | vehicle or mobile home with one of like kind and quality. |
| 209 | 2. A motor vehicle or mobile home shall not be considered |
| 210 | a "total loss" if the insurance company and owner of a motor |
| 211 | vehicle or mobile home agree to repair, rather than to replace, |
| 212 | the motor vehicle or mobile home. However, if the actual cost to |
| 213 | repair the motor vehicle or mobile home to the insurance company |
| 214 | exceeds 100 percent of the cost of replacing the wrecked or |
| 215 | damaged motor vehicle or mobile home with one of like kind and |
| 216 | quality, the owner shall forward to the department, within 72 |
| 217 | hours after the agreement, a request to brand the certificate of |
| 218 | title with the words "Total Loss Vehicle." Such a brand shall |
| 219 | become a part of the vehicle's title history. |
| 220 | (b) The owner, including persons who are self-insured, of |
| 221 | any motor vehicle or mobile home which is considered to be |
| 222 | salvage shall, within 72 hours after the motor vehicle or mobile |
| 223 | home becomes salvage, forward the title to the motor vehicle or |
| 224 | mobile home to the department for processing. However, an |
| 225 | insurance company which pays money as compensation for total |
| 226 | loss of a motor vehicle or mobile home shall obtain the |
| 227 | certificate of title for the motor vehicle or mobile home and, |
| 228 | within 72 hours after receiving such certificate of title, shall |
| 229 | forward such title to the department for processing. The owner |
| 230 | or insurance company, as the case may be, may not dispose of a |
| 231 | vehicle or mobile home that is a total loss before it has |
| 232 | obtained a salvage certificate of title or certificate of |
| 233 | destruction from the department. When applying for a salvage |
| 234 | certificate of title or certificate of destruction, the owner or |
| 235 | insurance company must provide the department with an estimate |
| 236 | of the costs of repairing the physical and mechanical damage |
| 237 | suffered by the vehicle for which a salvage certificate of title |
| 238 | or certificate of destruction is sought. If the estimated costs |
| 239 | of repairing the physical and mechanical damage to the vehicle |
| 240 | are equal to 80 percent or more of the current retail cost of |
| 241 | the vehicle, as established in any official used car or used |
| 242 | mobile home guide, the department shall declare the vehicle |
| 243 | unrebuildable and print a certificate of destruction, which |
| 244 | authorizes the dismantling or destruction of the motor vehicle |
| 245 | or mobile home described therein. However, if the damaged motor |
| 246 | vehicle is equipped with custom-lowered floors for wheelchair |
| 247 | access or a wheelchair lift, the insurance company may, upon |
| 248 | determining that the vehicle is repairable to a condition that |
| 249 | is safe for operation on public roads, submit the certificate of |
| 250 | title to the department for reissuance as a salvage rebuildable |
| 251 | title and the addition of a title brand of "insurance-declared |
| 252 | total loss." The certificate of destruction shall be |
| 253 | reassignable a maximum of two times before dismantling or |
| 254 | destruction of the vehicle shall be required, and shall |
| 255 | accompany the motor vehicle or mobile home for which it is |
| 256 | issued, when such motor vehicle or mobile home is sold for such |
| 257 | purposes, in lieu of a certificate of title, and, thereafter, |
| 258 | the department shall refuse issuance of any certificate of title |
| 259 | for that vehicle. Nothing in this subsection shall be applicable |
| 260 | when a vehicle is worth less than $1,500 retail in undamaged |
| 261 | condition in any official used motor vehicle guide or used |
| 262 | mobile home guide or when a stolen motor vehicle or mobile home |
| 263 | is recovered in substantially intact condition and is readily |
| 264 | resalable without extensive repairs to or replacement of the |
| 265 | frame or engine. Any person who willfully and deliberately |
| 266 | violates this paragraph or falsifies any document to avoid the |
| 267 | requirements of this paragraph commits a misdemeanor of the |
| 268 | first degree, punishable as provided in s. 775.082 or s. |
| 269 | 775.083. |
| 270 | (4) It is unlawful for any person to have in his or her |
| 271 | possession any motor vehicle or mobile home when the |
| 272 | manufacturer's or state-assigned identification number plate or |
| 273 | serial plate has been removed therefrom. |
| 274 | (a) Nothing in this subsection shall be applicable when a |
| 275 | vehicle defined in this section as a derelict or salvage was |
| 276 | purchased or acquired from a foreign state requiring such |
| 277 | vehicle's identification number plate to be surrendered to such |
| 278 | state, provided the person shall have an affidavit from the |
| 279 | seller describing the vehicle by manufacturer's serial number |
| 280 | and the state to which such vehicle's identification number |
| 281 | plate was surrendered. |
| 282 | (b) Nothing in this subsection shall be applicable if a |
| 283 | certificate of destruction has been obtained for the vehicle. |
| 284 | (5)(a) It is unlawful for any person to knowingly possess, |
| 285 | sell, or exchange, offer to sell or exchange, or give away any |
| 286 | certificate of title or manufacturer's or state-assigned |
| 287 | identification number plate or serial plate of any motor |
| 288 | vehicle, mobile home, or derelict that has been sold as salvage |
| 289 | contrary to the provisions of this section, and it is unlawful |
| 290 | for any person to authorize, direct, aid in, or consent to the |
| 291 | possession, sale, or exchange or to offer to sell, exchange, or |
| 292 | give away such certificate of title or manufacturer's or state- |
| 293 | assigned identification number plate or serial plate. |
| 294 | (b) It is unlawful for any person to knowingly possess, |
| 295 | sell, or exchange, offer to sell or exchange, or give away any |
| 296 | manufacturer's or state-assigned identification number plate or |
| 297 | serial plate of any motor vehicle or mobile home that has been |
| 298 | removed from the motor vehicle or mobile home for which it was |
| 299 | manufactured, and it is unlawful for any person to authorize, |
| 300 | direct, aid in, or consent to the possession, sale, or exchange |
| 301 | or to offer to sell, exchange, or give away such manufacturer's |
| 302 | or state-assigned identification number plate or serial plate. |
| 303 | (c) This chapter does not apply to anyone who removes, |
| 304 | possesses, or replaces a manufacturer's or state-assigned |
| 305 | identification number plate, in the course of performing repairs |
| 306 | on a vehicle, that require such removal or replacement. If the |
| 307 | repair requires replacement of a vehicle part that contains the |
| 308 | manufacturer's or state-assigned identification number plate, |
| 309 | the manufacturer's or state-assigned identification number plate |
| 310 | that is assigned to the vehicle being repaired will be installed |
| 311 | on the replacement part. The manufacturer's or state-assigned |
| 312 | identification number plate that was removed from this |
| 313 | replacement part will be installed on the part that was removed |
| 314 | from the vehicle being repaired. |
| 315 | (6)(a) In the event of a purchase by a salvage motor |
| 316 | vehicle dealer of materials or major component parts for any |
| 317 | reason, the purchaser shall: |
| 318 | 1. For each item of materials or major component parts |
| 319 | purchased, the salvage motor vehicle dealer shall record the |
| 320 | date of purchase and the name, address, and personal |
| 321 | identification card number of the person selling such items, as |
| 322 | well as the vehicle identification number, if available. |
| 323 | 2. With respect to each item of materials or major |
| 324 | component parts purchased, obtain such documentation as may be |
| 325 | required by subsection (2). |
| 326 | (b) Any person who violates this subsection commits a |
| 327 | felony of the third degree, punishable as provided in s. |
| 328 | 775.082, s. 775.083, or s. 775.084. |
| 329 | (7)(a) In the event of a purchase by a secondary metals |
| 330 | recycler, that has been issued a certificate of registration |
| 331 | number, of: |
| 332 | 1. Materials, prepared materials, or parts from any seller |
| 333 | for purposes other than the processing of such materials, |
| 334 | prepared materials, or parts, the purchaser shall obtain such |
| 335 | documentation as may be required by this section and shall |
| 336 | record the seller's name and address, date of purchase, and the |
| 337 | personal identification card number of the person delivering |
| 338 | such items. |
| 339 | 2. Parts or prepared materials from any seller for |
| 340 | purposes of the processing of such parts or prepared materials, |
| 341 | the purchaser shall record the seller's name and address and |
| 342 | date of purchase and, in the event of a purchase transaction |
| 343 | consisting primarily of parts or prepared materials, the |
| 344 | personal identification card number of the person delivering |
| 345 | such items. |
| 346 | 3. Materials from another secondary metals recycler for |
| 347 | purposes of the processing of such materials, the purchaser |
| 348 | shall record the seller's name and address and date of purchase. |
| 349 | 4.a. Motor vehicles, recreational vehicles, mobile homes, |
| 350 | or derelict motor vehicles from other than a secondary metals |
| 351 | recycler for purposes of the processing of such motor vehicles, |
| 352 | recreational vehicles, mobile homes, or derelict motor vehicles, |
| 353 | the purchaser shall record the date of purchase and the name, |
| 354 | address, and personal identification card number of the person |
| 355 | selling such items and shall obtain the following documentation |
| 356 | from the seller with respect to each item purchased: |
| 357 | (I) A valid certificate of title issued in the name of the |
| 358 | seller or properly endorsed as required in s. 319.22, over to |
| 359 | the seller; |
| 360 | (II) A valid salvage certificate of title issued in the |
| 361 | name of the seller or properly endorsed as required in s. |
| 362 | 319.22, over to the seller; |
| 363 | (III)(II) A valid certificate of destruction issued in the |
| 364 | name of the seller or properly endorsed over to the seller; or |
| 365 | (IV)(III) A valid derelict motor vehicle certificate |
| 366 | obtained from the department completed by a licensed salvage |
| 367 | motor vehicle dealer and properly reassigned to the secondary |
| 368 | metals recycler. |
| 369 | b. If a valid certificate of title, salvage certificate of |
| 370 | title, certificate of destruction, or derelict motor vehicle |
| 371 | certificate is not available and the motor vehicle or mobile |
| 372 | home is a derelict motor vehicle, a derelict motor vehicle |
| 373 | certificate application shall be completed by the seller or |
| 374 | owner of the motor vehicle or mobile home, the seller's or |
| 375 | owner's authorized transporter, and the registered secondary |
| 376 | metals recycler at the time of sale, transport, or delivery to |
| 377 | the registered secondary metals recycler. The derelict motor |
| 378 | vehicle certificate application shall be used by the seller or |
| 379 | owner, the seller's or owner's authorized transporter, and the |
| 380 | registered secondary metals recycler to obtain a derelict motor |
| 381 | vehicle certificate from the department. The identifying number |
| 382 | on the personal identification card of the seller or owner must |
| 383 | be recorded on the derelict motor vehicle certification |
| 384 | application. The derelict motor vehicle certificate application |
| 385 | must be accompanied by a copy of the seller or owner's personal |
| 386 | identification card when the personal identification card is |
| 387 | something other than a Florida driver's license or |
| 388 | identification card. The registered secondary metals recycler |
| 389 | shall secure the derelict motor vehicle for 3 full business |
| 390 | days, excluding weekends and holidays, before destroying or |
| 391 | dismantling the derelict motor vehicle and shall follow all |
| 392 | reporting procedures established by the department, including |
| 393 | electronic notification to the department or delivery of the |
| 394 | original derelict motor vehicle certificate application to an |
| 395 | agent of the department within 24 hours after receiving the |
| 396 | derelict motor vehicle. |
| 397 | c. Any person who willfully and deliberately violates this |
| 398 | subparagraph by selling, transporting, delivering, purchasing, |
| 399 | or receiving a motor vehicle, recreational motor vehicle, mobile |
| 400 | home, or derelict motor vehicle without obtaining a certificate |
| 401 | of title, salvage certificate of title, certificate of |
| 402 | destruction, or derelict motor vehicle certificate, or derelict |
| 403 | motor vehicle certificate application; enters false or |
| 404 | fictitious information on a derelict motor vehicle certificate |
| 405 | application; does not complete the derelict motor vehicle |
| 406 | certificate application as required; does not obtain a copy of |
| 407 | the seller's or owner's personal identification card when |
| 408 | required; or does not make the required notification to the |
| 409 | department; or destroys or dismantles a derelict motor vehicle |
| 410 | without waiting the required 3 full business days commits a |
| 411 | felony of the third degree, punishable as provided in s. |
| 412 | 775.082, s. 775.083, or s. 775.084. |
| 413 | 5. Major parts from other than a secondary metals recycler |
| 414 | for purposes of the processing of such major parts, the |
| 415 | purchaser shall record the seller's name, address, date of |
| 416 | purchase, and the personal identification card number of the |
| 417 | person delivering such items, as well as the vehicle |
| 418 | identification number, if available, of each major part |
| 419 | purchased. |
| 420 | (b) Any person who violates this subsection commits a |
| 421 | felony of the third degree, punishable as provided in s. |
| 422 | 775.082, s. 775.083, or s. 775.084. |
| 423 | (8)(a) Secondary metals recyclers and salvage motor |
| 424 | vehicle dealers shall return to the department on a monthly |
| 425 | basis all certificates of title and salvage certificates of |
| 426 | title that are required by this section to be obtained. |
| 427 | Secondary metals recyclers and salvage motor vehicle dealers may |
| 428 | elect to notify the department electronically through procedures |
| 429 | established by the department when they receive each motor |
| 430 | vehicle or mobile home, salvage motor vehicle or mobile home, or |
| 431 | derelict motor vehicle with a certificate of title or salvage |
| 432 | certificate of title through procedures established by the |
| 433 | department. The department may adopt rules and establish fees as |
| 434 | it deems necessary or proper for the administration of the |
| 435 | electronic notification service. |
| 436 | (b) Secondary metals recyclers and salvage motor vehicle |
| 437 | dealers shall keep originals, or a copy in the event the |
| 438 | original was returned to the department, of all certificates of |
| 439 | title, salvage certificates of title, certificates of |
| 440 | destruction, derelict motor vehicle certificates, and all other |
| 441 | information required by this section to be recorded or obtained, |
| 442 | on file in the offices of such secondary metals recyclers or |
| 443 | salvage motor vehicle dealers for a period of 3 years after the |
| 444 | date of purchase of the items reflected in such certificates of |
| 445 | title, salvage certificates of title, certificates of |
| 446 | destruction, or derelict motor vehicle certificates. These |
| 447 | records shall be maintained in chronological order. |
| 448 | (c) For the purpose of enforcement of this section, the |
| 449 | department or its agents and employees have the same right of |
| 450 | inspection as law enforcement officers as provided in s. |
| 451 | 812.055. |
| 452 | (d) Whenever the department, its agent or employee, or any |
| 453 | law enforcement officer has reason to believe that a stolen or |
| 454 | fraudulently titled motor vehicle, mobile home, recreational |
| 455 | vehicle, salvage motor vehicle, or derelict motor vehicle is in |
| 456 | the possession of a salvage motor vehicle dealer or secondary |
| 457 | metals recycler, the department, its agent or employee, or the |
| 458 | law enforcement officer may issue a hold notice, not to exceed 5 |
| 459 | business days, excluding weekends and holidays, to the salvage |
| 460 | motor vehicle dealer or registered secondary metals recycler. |
| 461 | (e) Whenever a salvage motor vehicle dealer or registered |
| 462 | secondary metals recycler is notified by the department, its |
| 463 | agent or employee, or any law enforcement officer to hold a |
| 464 | motor vehicle, mobile home, recreational vehicle, salvage motor |
| 465 | vehicle, or derelict motor vehicle that is believed to be stolen |
| 466 | or fraudulently titled, the salvage motor vehicle dealer or |
| 467 | registered secondary metals recycler shall hold the motor |
| 468 | vehicle, mobile home, recreational vehicle, salvage motor |
| 469 | vehicle, or derelict motor vehicle and may not dismantle or |
| 470 | destroy the motor vehicle, mobile home, recreational vehicle, |
| 471 | salvage motor vehicle, or derelict motor vehicle until it is |
| 472 | recovered by a law enforcement officer, the hold is released by |
| 473 | the department or the law enforcement officer placing the hold, |
| 474 | or the 5 working days have passed since being notified of the |
| 475 | hold. |
| 476 | (f) This section does not authorize any person that is |
| 477 | engaged in the business of recovering, towing, or storing |
| 478 | vehicles pursuant to s. 713.78, to claim a lien for performing |
| 479 | labor or services on a motor vehicle or mobile home pursuant to |
| 480 | s. 713.58, or claim that a motor vehicle or mobile home has |
| 481 | remained on any premises after tenancy has terminated pursuant |
| 482 | to s. 715.104, or to use a derelict motor vehicle certificate |
| 483 | application for the purpose of transporting, selling, or |
| 484 | disposing of a motor vehicle at a salvage motor vehicle dealer |
| 485 | or metal recycler without obtaining the title or certificate of |
| 486 | destruction required under s. 713.58, s. 713.78 or s. 715.104. |
| 487 | Any person who transports, sells, or disposes of any motor |
| 488 | vehicle or mobile home that was recovered, towed, or stored |
| 489 | pursuant to s. 713.78, who claims a lien for performing labor or |
| 490 | services on a motor vehicle or mobile home pursuant to s. |
| 491 | 713.58, or who claims that a motor vehicle or mobile home has |
| 492 | remained on a premises after tenancy has terminated pursuant to |
| 493 | s. 715.104 with respect to a derelict motor vehicle certificate |
| 494 | application commits a felony of the third degree, punishable as |
| 495 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 496 | (g)(f) The department is authorized to adopt rules |
| 497 | pursuant to ss. 120.536(1) and 120.54 establishing policies and |
| 498 | procedures to administer and enforce this section. |
| 499 | (h)(g) The department shall charge a fee of $3 for each |
| 500 | derelict motor vehicle certificate delivered to the department |
| 501 | or one of its agents for processing and shall mark the title |
| 502 | record canceled. A service charge may be collected under s. |
| 503 | 320.04. |
| 504 | (9) Except as otherwise provided in this section, any |
| 505 | person who violates this section commits a felony of the third |
| 506 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 507 | 775.084. |
| 508 |
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| 509 |
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| 510 |
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| 511 |
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| 513 | ----------------------------------------------------- |
| 514 | T I T L E A M E N D M E N T |
| 515 | Remove line 17 and insert: |
| 516 | identification number; amending s. 319.30, F.S.; clarifying |
| 517 | definitions regarding derelict vehicles; requiring derelict |
| 518 | vehicle certificate applications; providing a definition; |
| 519 | requiring derelict vehicle certificate applications received by |
| 520 | salvage motor vehicle dealers and secondary metals recyclers to |
| 521 | contain the identification card number of the seller or owner; |
| 522 | providing that failure to obtain the identification card number |
| 523 | on a derelict vehicle certificate application is a third-degree |
| 524 | felony; permitting secondary metals recyclers to obtain salvage |
| 525 | certificates of title from sellers or owners as a valid method |
| 526 | of documentation; providing that towing operators claiming |
| 527 | certain liens may not use the derelict motor vehicle certificate |
| 528 | application to transport vehicles without otherwise obtaining |
| 529 | title to the vehicle or a certificate of destruction; providing |
| 530 | penalties; providing an effective date. |
| 531 |
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