Florida Senate - 2010 CS for SB 792
By the Committee on Criminal Justice; and Senators Baker and
Storms
591-03240-10 2010792c1
1 A bill to be entitled
2 An act relating to derelict motor vehicles and mobile
3 homes; amending s. 319.30, F.S.; defining the term
4 “seller” and revising the definitions of the terms
5 “certificate of title,” “derelict motor vehicle,” and
6 “derelict motor vehicle certificate”; revising
7 requirements for disposition of a motor vehicle,
8 recreational vehicle, or mobile home that is sold,
9 transported, or delivered to a salvage motor vehicle
10 dealer or a secondary metals recycler; requiring
11 certificates of title to conform to specified
12 provisions; providing for the dealer or recycler to
13 apply to the Department of Highway Safety and Motor
14 Vehicles for a derelict motor vehicle certificate if
15 the certificate of title, salvage certificate of
16 title, or certificate of destruction is not available;
17 requiring the derelict motor vehicle certificate
18 application to be completed by the seller or owner of
19 the motor vehicle or mobile home, the seller’s or
20 owner’s authorized transporter, and the dealer or
21 recycler; requiring certain identification information
22 be included with the application; revising the types
23 of documentation that a secondary metals recycler must
24 obtain; permitting recyclers to obtain salvage
25 certificates of title from sellers or owners as a
26 valid method of documentation; providing that a person
27 engaged in the business of recovering, towing, or
28 storing vehicles may not claim certain liens, claim
29 that certain vehicles have remained on any premises
30 after tenancy has terminated, or use the derelict
31 motor vehicle certificate application to transport,
32 sell, or dispose of a motor vehicle at a salvage motor
33 vehicle dealer or metal recycler without otherwise
34 obtaining title to the vehicle or a certificate of
35 destruction; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Paragraphs (c), (e), and (f) of subsection (1),
40 paragraphs (b) and (c) of subsection (2), and subsection (7) of
41 section 319.30, Florida Statutes, are amended, and paragraph (v)
42 is added to subsection (1) of that section, to read:
43 319.30 Definitions; dismantling, destruction, change of
44 identity of motor vehicle or mobile home; salvage.—
45 (1) As used in this section, the term:
46 (c) “Certificate of title” means a record that serves as
47 evidence of ownership of a vehicle, whether such record is a
48 paper certificate authorized by the department or by a motor
49 vehicle department authorized to issue titles in another state
50 or a certificate consisting of information stored in electronic
51 form in the department’s database.
52 (e) “Derelict motor vehicle” means any motor vehicle as
53 defined in s. 320.01(1) or mobile home as defined in s.
54 320.01(2), with or without all parts, major parts, or major
55 component parts, which is valued under $1,000, is at least 10
56 model years old, beginning with the model year of the vehicle as
57 year one, and is in such condition that its highest or primary
58 value is for sale, transport, or delivery to a licensed salvage
59 motor vehicle dealer or registered secondary metals recycler for
60 dismantling its component parts or conversion to scrap metal.
61 (f) “Derelict motor vehicle certificate” means a
62 certificate issued by the department which serves as evidence
63 that a derelict motor vehicle will be dismantled or converted to
64 scrap metal. The certificate is obtained by completing a
65 derelict motor vehicle certificate application authorized by the
66 department completed by the derelict motor vehicle owner, the
67 owner’s authorized transporter when different from the owner,
68 and the licensed salvage motor vehicle dealer or the registered
69 secondary metals recycler and submitted to the department for
70 cancellation of the title record of the derelict motor vehicle.
71 A derelict motor vehicle certificate may be reassigned only one
72 time if the derelict motor vehicle certificate was completed by
73 a licensed salvage motor vehicle dealer and the derelict motor
74 vehicle was sold to a secondary metals recycler.
75 (v) “Seller” means the owner of record or a person who has
76 physical possession and responsibility for a derelict motor
77 vehicle and attests that possession of the vehicle was obtained
78 through lawful means along with all ownership rights. A seller
79 does not include a towing company, repair shop, or landlord
80 unless the towing company, repair shop, or landlord has obtained
81 title, salvage title, or a certificate of destruction in the
82 name of the towing company, repair shop, or landlord.
83 (2)
84 (b)1. When a motor vehicle, recreational vehicle, or mobile
85 home is sold, transported, or delivered to, or received by a
86 salvage motor vehicle dealer, it shall be accompanied by:
87 a. A valid certificate of title issued in the name of the
88 seller or properly endorsed, as required in s. 319.22, over to
89 the seller;
90 b. A valid salvage certificate of title issued in the name
91 of the seller or properly endorsed, as required in s. 319.22,
92 over to the seller; or
93 c. A valid certificate of destruction issued in the name of
94 the seller or properly endorsed over to the seller.
95 2. Any person who knowingly and intentionally willfully and
96 deliberately violates this paragraph by selling, transporting,
97 delivering, purchasing, or receiving a motor vehicle,
98 recreational vehicle, or mobile home without obtaining a
99 properly endorsed certificate of title, salvage certificate of
100 title, or certificate of destruction from the owner commits a
101 felony of the third degree, punishable as provided in s.
102 775.082, s. 775.083, or s. 775.084.
103 (c)1. When a derelict motor vehicle is sold, transported,
104 or delivered to a licensed salvage motor vehicle dealer, the
105 purchaser shall record the date of purchase and the name,
106 address, and personal identification card number of the person
107 selling the derelict motor vehicle, and it shall be accompanied
108 by:
109 a. A valid certificate of title issued in the name of the
110 seller or properly endorsed, as required in s. 319.22, over to
111 the seller;
112 b. A valid salvage certificate of title issued in the name
113 of the seller or properly endorsed, as required in s. 319.22,
114 over to the seller; or
115 c. A valid certificate of destruction issued in the name of
116 the seller or properly endorsed over to the seller.
117 2. If the certificate of title, salvage certificate of
118 title, or certificate of destruction is not available, a
119 derelict motor vehicle certificate application shall be
120 completed by the seller or owner of the motor vehicle or mobile
121 home, the seller’s or owner’s authorized transporter, and the
122 licensed salvage motor vehicle dealer at the time of sale,
123 transport, or delivery to the licensed salvage motor vehicle
124 dealer. The derelict motor vehicle certificate application shall
125 be used by the seller or owner, the seller’s or owner’s
126 authorized transporter, and the licensed salvage motor vehicle
127 dealer to obtain a derelict motor vehicle certificate from the
128 department. The identifying number on the personal
129 identification card of the seller or owner must be recorded on
130 the derelict motor vehicle certificate application. The derelict
131 motor vehicle certificate application must be accompanied by a
132 copy of the seller’s or owner’s personal identification card
133 when the personal identification card is something other than a
134 Florida driver’s license or Florida identification card. If the
135 seller is not the owner of record of the vehicle being sold, the
136 dealer shall, at the time of sale, ensure that a smudge-free
137 right thumbprint, or other digit if the seller has no right
138 thumb, of the seller is imprinted upon the derelict motor
139 vehicle certificate application form, and that a photograph
140 clearly depicting the seller’s face is affixed to the
141 application and transmitted to the department. The licensed
142 salvage motor vehicle dealer shall secure the motor vehicle or
143 mobile home for 3 full business days, excluding weekends and
144 holidays, before destroying or dismantling the derelict motor
145 vehicle and shall follow all reporting procedures established by
146 the department, including electronic notification to the
147 department or delivery of the original derelict motor vehicle
148 certificate application to an agent of the department within 24
149 hours after receiving the derelict motor vehicle.
150 3. Any person who willfully and deliberately violates this
151 paragraph by selling, transporting, delivering, purchasing, or
152 receiving a derelict motor vehicle without obtaining a
153 certificate of title, salvage certificate of title, certificate
154 of destruction, or derelict motor vehicle certificate
155 application; enters false or fictitious information on a
156 derelict motor vehicle certificate application; does not
157 complete the derelict motor vehicle certificate application as
158 required; does not obtain a copy of the seller’s or owner’s
159 personal identification card when required; or does not make the
160 required notification to the department; or destroys or
161 dismantles a derelict motor vehicle without waiting the required
162 3 full business days commits a felony of the third degree,
163 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
164 (7)(a) In the event of a purchase by a secondary metals
165 recycler, that has been issued a certificate of registration
166 number, of:
167 1. Materials, prepared materials, or parts from any seller
168 for purposes other than the processing of such materials,
169 prepared materials, or parts, the purchaser shall obtain such
170 documentation as may be required by this section and shall
171 record the seller’s name and address, date of purchase, and the
172 personal identification card number of the person delivering
173 such items.
174 2. Parts or prepared materials from any seller for purposes
175 of the processing of such parts or prepared materials, the
176 purchaser shall record the seller’s name and address and date of
177 purchase and, in the event of a purchase transaction consisting
178 primarily of parts or prepared materials, the personal
179 identification card number of the person delivering such items.
180 3. Materials from another secondary metals recycler for
181 purposes of the processing of such materials, the purchaser
182 shall record the seller’s name and address and date of purchase.
183 4.a. Motor vehicles, recreational vehicles, mobile homes,
184 or derelict motor vehicles from other than a secondary metals
185 recycler for purposes of the processing of such motor vehicles,
186 recreational vehicles, mobile homes, or derelict motor vehicles,
187 the purchaser shall record the date of purchase and the name,
188 address, and personal identification card number of the person
189 selling such items and shall obtain the following documentation
190 from the seller with respect to each item purchased:
191 (I) A valid certificate of title issued in the name of the
192 seller or properly endorsed, as required in s. 319.22, over to
193 the seller;
194 (II) A valid salvage certificate of title issued in the
195 name of the seller or properly endorsed, as required in s.
196 319.22, over to the seller;
197 (III)(II) A valid certificate of destruction issued in the
198 name of the seller or properly endorsed over to the seller; or
199 (IV)(III) A valid derelict motor vehicle certificate
200 obtained from the department completed by a licensed salvage
201 motor vehicle dealer and properly reassigned to the secondary
202 metals recycler.
203 b. If a valid certificate of title, salvage certificate of
204 title, certificate of destruction, or derelict motor vehicle
205 certificate is not available and the motor vehicle or mobile
206 home is a derelict motor vehicle, a derelict motor vehicle
207 certificate application shall be completed by the seller or
208 owner of the motor vehicle or mobile home, the seller’s or
209 owner’s authorized transporter, and the registered secondary
210 metals recycler at the time of sale, transport, or delivery to
211 the registered secondary metals recycler. The derelict motor
212 vehicle certificate application shall be used by the seller or
213 owner, the seller’s or owner’s authorized transporter, and the
214 registered secondary metals recycler to obtain a derelict motor
215 vehicle certificate from the department. The identifying number
216 on the personal identification card of the seller or owner must
217 be recorded on the derelict motor vehicle certificate
218 application. The derelict motor vehicle certificate application
219 must be accompanied by a copy of the seller’s or owner’s
220 personal identification card when the personal identification
221 card is something other than a Florida driver’s license or
222 Florida identification card. If the seller is not the owner of
223 record of the vehicle being sold, the recycler shall, at the
224 time of sale, ensure that a smudge-free right thumbprint of the
225 seller is imprinted upon the derelict motor vehicle certificate
226 application form, and that a photograph clearly depicting the
227 seller’s face is affixed to the application and transmitted to
228 the department. The registered secondary metals recycler shall
229 secure the derelict motor vehicle for 3 full business days,
230 excluding weekends and holidays, before destroying or
231 dismantling the derelict motor vehicle and shall follow all
232 reporting procedures established by the department, including
233 electronic notification to the department or delivery of the
234 original derelict motor vehicle certificate application to an
235 agent of the department within 24 hours after receiving the
236 derelict motor vehicle.
237 c. Any person who knowingly and intentionally willfully and
238 deliberately violates this subparagraph by selling,
239 transporting, delivering, purchasing, or receiving a motor
240 vehicle, recreational motor vehicle, mobile home, or derelict
241 motor vehicle without obtaining a certificate of title, salvage
242 certificate of title, certificate of destruction, or derelict
243 motor vehicle certificate, or derelict motor vehicle certificate
244 application; enters false or fictitious information on a
245 derelict motor vehicle certificate application; does not
246 complete the derelict motor vehicle certificate application as
247 required; does not obtain a copy of the seller’s or owner’s
248 personal identification card when required; or does not make the
249 required notification to the department; or destroys or
250 dismantles a derelict motor vehicle without waiting the required
251 3 full business days commits a felony of the third degree,
252 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
253 5. Major parts from other than a secondary metals recycler
254 for purposes of the processing of such major parts, the
255 purchaser shall record the seller’s name, address, date of
256 purchase, and the personal identification card number of the
257 person delivering such items, as well as the vehicle
258 identification number, if available, of each major part
259 purchased.
260 (b) Any person who violates this subsection commits a
261 felony of the third degree, punishable as provided in s.
262 775.082, s. 775.083, or s. 775.084.
263 Section 2. This act shall take effect July 1, 2010.