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