Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 906
       
       
       
       
       
       
                                Barcode 838254                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2009           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (Ring) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 82 and 83
    4  insert:
    5         Section 2.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 been
   22  a motor vehicle or mobile home, which is not a major part or
   23  major component part, which is inoperable, and which is in such
   24  condition that its highest or primary value is in its sale or
   25  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-end
   59  assembly (fenders, hood, grill, and bumper), cowl assembly, rear
   60  body section (both quarter panels, trunk lid, door, decklid, and
   61  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 defined
   95  in s. 320.01(1).
   96         (r) “Salvage” means a motor vehicle or mobile home which is
   97  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 and
  107  responsibility for a derelict motor vehicle and attests that all
  108  attempts to locate the lawful titled owner have been exhausted.
  109  A seller does not include towing companies, repair shops, or
  110  landlords unless they have obtained title, salvage title, or a
  111  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 mobile
  126  home is sold, transported, or delivered to a salvage motor
  127  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 of
  135  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 of
  156  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 mobile
  199  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 a
  210  “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 purposes
  340  of the processing of such parts or prepared materials, the
  341  purchaser shall record the seller’s name and address and date of
  342  purchase and, in the event of a purchase transaction consisting
  343  primarily of parts or prepared materials, the personal
  344  identification card number of the person delivering such items.
  345         3. Materials from another secondary metals recycler for
  346  purposes of the processing of such materials, the purchaser
  347  shall record the seller’s name and address and date of purchase.
  348         4.a. Motor vehicles, recreational vehicles, mobile homes,
  349  or derelict motor vehicles from other than a secondary metals
  350  recycler for purposes of the processing of such motor vehicles,
  351  recreational vehicles, mobile homes, or derelict motor vehicles,
  352  the purchaser shall record the date of purchase and the name,
  353  address, and personal identification card number of the person
  354  selling such items and shall obtain the following documentation
  355  from the seller with respect to each item purchased:
  356         (I) A valid certificate of title issued in the name of the
  357  seller or properly endorsed as required in s. 319.22, over to
  358  the seller;
  359         (II)A valid salvage certificate of title issued in the
  360  name of the seller or properly endorsed as required in s.
  361  319.22, over to the seller;
  362         (III)(II) A valid certificate of destruction issued in the
  363  name of the seller or properly endorsed over to the seller; or
  364         (IV)(III) A valid derelict motor vehicle certificate
  365  obtained from the department completed by a licensed salvage
  366  motor vehicle dealer and properly reassigned to the secondary
  367  metals recycler.
  368         b. If a valid certificate of title, salvage certificate of
  369  title, certificate of destruction, or derelict motor vehicle
  370  certificate is not available and the motor vehicle or mobile
  371  home is a derelict motor vehicle, a derelict motor vehicle
  372  certificate application shall be completed by the seller or
  373  owner of the motor vehicle or mobile home, the seller’s or
  374  owner’s authorized transporter, and the registered secondary
  375  metals recycler at the time of sale, transport, or delivery to
  376  the registered secondary metals recycler. The derelict motor
  377  vehicle certificate application shall be used by the seller or
  378  owner, the seller’s or owner’s authorized transporter, and the
  379  registered secondary metals recycler to obtain a derelict motor
  380  vehicle certificate from the department. The identifying number
  381  on the personal identification card of the seller or owner must
  382  be recorded on the derelict motor vehicle certification
  383  application. The derelict motor vehicle certificate application
  384  must be accompanied by a copy of the seller or owner’s personal
  385  identification card when the personal identification card is
  386  something other than a Florida driver’s license or
  387  identification card. The registered secondary metals recycler
  388  shall secure the derelict motor vehicle for 3 full business
  389  days, excluding weekends and holidays, before destroying or
  390  dismantling the derelict motor vehicle and shall follow all
  391  reporting procedures established by the department, including
  392  electronic notification to the department or delivery of the
  393  original derelict motor vehicle certificate application to an
  394  agent of the department within 24 hours after receiving the
  395  derelict motor vehicle.
  396         c. Any person who willfully and deliberately violates this
  397  subparagraph by selling, transporting, delivering, purchasing,
  398  or receiving a motor vehicle, recreational motor vehicle, mobile
  399  home, or derelict motor vehicle without obtaining a certificate
  400  of title, salvage certificate of title, certificate of
  401  destruction, or derelict motor vehicle certificate, or derelict
  402  motor vehicle certificate application; enters false or
  403  fictitious information on a derelict motor vehicle certificate
  404  application; does not complete the derelict motor vehicle
  405  certificate application as required; does not obtain a copy of
  406  the seller’s or owner’s personal identification card when
  407  required; or does not make the required notification to the
  408  department; or destroys or dismantles a derelict motor vehicle
  409  without waiting the required 3 full business days commits a
  410  felony of the third degree, punishable as provided in s.
  411  775.082, s. 775.083, or s. 775.084.
  412         5. Major parts from other than a secondary metals recycler
  413  for purposes of the processing of such major parts, the
  414  purchaser shall record the seller’s name, address, date of
  415  purchase, and the personal identification card number of the
  416  person delivering such items, as well as the vehicle
  417  identification number, if available, of each major part
  418  purchased.
  419         (b) Any person who violates this subsection commits a
  420  felony of the third degree, punishable as provided in s.
  421  775.082, s. 775.083, or s. 775.084.
  422         (8)(a) Secondary metals recyclers and salvage motor vehicle
  423  dealers shall return to the department on a monthly basis all
  424  certificates of title and salvage certificates of title that are
  425  required by this section to be obtained. Secondary metals
  426  recyclers and salvage motor vehicle dealers may elect to notify
  427  the department electronically through procedures established by
  428  the department when they receive each motor vehicle or mobile
  429  home, salvage motor vehicle or mobile home, or derelict motor
  430  vehicle with a certificate of title or salvage certificate of
  431  title through procedures established by the department. The
  432  department may adopt rules and establish fees as it deems
  433  necessary or proper for the administration of the electronic
  434  notification service.
  435         (b) Secondary metals recyclers and salvage motor vehicle
  436  dealers shall keep originals, or a copy in the event the
  437  original was returned to the department, of all certificates of
  438  title, salvage certificates of title, certificates of
  439  destruction, derelict motor vehicle certificates, and all other
  440  information required by this section to be recorded or obtained,
  441  on file in the offices of such secondary metals recyclers or
  442  salvage motor vehicle dealers for a period of 3 years after the
  443  date of purchase of the items reflected in such certificates of
  444  title, salvage certificates of title, certificates of
  445  destruction, or derelict motor vehicle certificates. These
  446  records shall be maintained in chronological order.
  447         (c) For the purpose of enforcement of this section, the
  448  department or its agents and employees have the same right of
  449  inspection as law enforcement officers as provided in s.
  450  812.055.
  451         (d) Whenever the department, its agent or employee, or any
  452  law enforcement officer has reason to believe that a stolen or
  453  fraudulently titled motor vehicle, mobile home, recreational
  454  vehicle, salvage motor vehicle, or derelict motor vehicle is in
  455  the possession of a salvage motor vehicle dealer or secondary
  456  metals recycler, the department, its agent or employee, or the
  457  law enforcement officer may issue a hold notice, not to exceed 5
  458  business days, excluding weekends and holidays, to the salvage
  459  motor vehicle dealer or registered secondary metals recycler.
  460         (e) Whenever a salvage motor vehicle dealer or registered
  461  secondary metals recycler is notified by the department, its
  462  agent or employee, or any law enforcement officer to hold a
  463  motor vehicle, mobile home, recreational vehicle, salvage motor
  464  vehicle, or derelict motor vehicle that is believed to be stolen
  465  or fraudulently titled, the salvage motor vehicle dealer or
  466  registered secondary metals recycler shall hold the motor
  467  vehicle, mobile home, recreational vehicle, salvage motor
  468  vehicle, or derelict motor vehicle and may not dismantle or
  469  destroy the motor vehicle, mobile home, recreational vehicle,
  470  salvage motor vehicle, or derelict motor vehicle until it is
  471  recovered by a law enforcement officer, the hold is released by
  472  the department or the law enforcement officer placing the hold,
  473  or the 5 working days have passed since being notified of the
  474  hold.
  475         (f)This section does not authorize any person that is
  476  engaged in the business of recovering, towing, or storing
  477  vehicles pursuant to s. 713.78, to claim a lien for performing
  478  labor or services on a motor vehicle or mobile home pursuant to
  479  s. 713.58, or claim that a motor vehicle or mobile home has
  480  remained on any premises after tenancy has terminated pursuant
  481  to s. 715.104, or to use a derelict motor vehicle certificate
  482  application for the purpose of transporting, selling, or
  483  disposing of a motor vehicle at a salvage motor vehicle dealer
  484  or metal recycler without obtaining the title or certificate of
  485  destruction required under s. 713.58, s. 713.78 or s. 715.104.
  486  Any person who transports, sells, or disposes of any motor
  487  vehicle or mobile home that was recovered, towed, or stored
  488  pursuant to s. 713.78, who claims a lien for performing labor or
  489  services on a motor vehicle or mobile home pursuant to s.
  490  713.58, or who claims that a motor vehicle or mobile home has
  491  remained on a premises after tenancy has terminated pursuant to
  492  s. 715.104 with respect to a derelict motor vehicle certificate
  493  application commits a felony of the third degree, punishable as
  494  provided in s. 775.082, s. 775.083, or s. 775.084.
  495         (g)(f) The department is authorized to adopt rules pursuant
  496  to ss. 120.536(1) and 120.54 establishing policies and
  497  procedures to administer and enforce this section.
  498         (h)(g) The department shall charge a fee of $3 for each
  499  derelict motor vehicle certificate delivered to the department
  500  or one of its agents for processing and shall mark the title
  501  record canceled. A service charge may be collected under s.
  502  320.04.
  503         (9) Except as otherwise provided in this section, any
  504  person who violates this section commits a felony of the third
  505  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  506  775.084.
  507  
  508  
  509  ================= T I T L E  A M E N D M E N T ================
  510         And the title is amended as follows:
  511         Delete line 14
  512  and insert:
  513         certificate of title; amending s. 319.30, F.S.; clarifying
  514  definitions regarding derelict vehicles; requiring derelict
  515  vehicle certificate applications; providing a definition;
  516  requiring derelict vehicle certificate applications received by
  517  salvage motor vehicle dealers and secondary metals recyclers to
  518  contain the identification card number of the seller or owner;
  519  providing that failure to obtain the identification card number
  520  on a derelict vehicle certificate application is a third-degree
  521  felony; permitting secondary metals recyclers to obtain salvage
  522  certificates of title from sellers or owners as a valid method
  523  of documentation; providing that towing operators claiming
  524  certain liens may not use the derelict motor vehicle certificate
  525  application to transport vehicles without otherwise obtaining
  526  title to the vehicle or a certificate of destruction; providing
  527  penalties; providing an effective date.