Florida Senate - 2010 CS for CS for SB 792
By the Committees on Criminal and Civil Justice Appropriations;
and Criminal Justice; and Senators Baker and Storms
604-04275-10 2010792c2
1 A bill to be entitled
2 An act relating to derelict motor vehicles and mobile
3 homes; amending s. 319.241, F.S.; revising provisions
4 relating to an application for the removal of a lien
5 from the files of the Department of Highway Safety and
6 Motor Vehicles or from the certificate of title;
7 authorizing the department to remove the lien from its
8 files within a specified period after receiving an
9 application for a derelict motor vehicle certificate
10 and notification to the lienholder, unless a written
11 statement protesting such removal is received;
12 amending s. 319.30, F.S.; revising certain
13 definitions; revising requirements for disposition of
14 a motor vehicle, recreational vehicle, or mobile home
15 that is sold, transported, or delivered to a salvage
16 motor vehicle dealer or a secondary metals recycler;
17 requiring certificates of title to conform to
18 specified provisions; providing for the dealer or
19 recycler to apply to the Department of Highway Safety
20 and Motor Vehicles for a derelict motor vehicle
21 certificate if the certificate of title, salvage
22 certificate of title, or certificate of destruction is
23 not available; requiring the derelict motor vehicle
24 certificate application to be completed by the seller
25 or owner of the motor vehicle or mobile home, the
26 seller’s or owner’s authorized transporter, or the
27 dealer or recycler; requiring certain identification
28 information be included with the application; revising
29 the types of documentation that a secondary metals
30 recycler must obtain; permitting recyclers to obtain
31 salvage certificates of title from sellers or owners
32 as a valid method of documentation; providing that a
33 person engaged in the business of recovering, towing,
34 or storing vehicles may not claim certain liens, claim
35 that certain vehicles have remained on any premises
36 after tenancy has terminated, or use the derelict
37 motor vehicle certificate application to transport,
38 sell, or dispose of a motor vehicle at a salvage motor
39 vehicle dealer or metal recycler without otherwise
40 obtaining title to the vehicle or a certificate of
41 destruction; requiring that the department accept all
42 properly endorsed and completed derelict motor vehicle
43 certificate applications and issue such certification
44 having an effective date that authorizes when the
45 vehicle is eligible for dismantling or destruction;
46 requiring that such electronic information be stored
47 and made available to authorized persons; requiring
48 that all licensed salvage motor vehicle dealers or
49 registered secondary metals recyclers make all
50 payments for the purchase of any derelict motor
51 vehicle that is sold by a seller who is not the owner
52 of record by check or money order; providing an
53 effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Section 319.241, Florida Statutes, is amended to
58 read:
59 319.241 Removal of lien from records.—The owner of a motor
60 vehicle or mobile home upon which a lien has been filed with the
61 department or noted upon a certificate of title for a period of
62 5 years may apply to the department in writing for such lien to
63 be removed from the department files or from the certificate of
64 title. The application shall be accompanied by evidence
65 satisfactory to the department that the applicant has notified
66 the lienholder by certified mail, not less than 20 days prior to
67 the date of the application, of his or her intention to apply to
68 the department for removal of the lien. Ten days after receipt
69 of the application, the department may remove the lien from its
70 files or from the certificate of title, as the case may be, if
71 no statement in writing protesting removal of the lien is
72 received by the department from the lienholder within the 10-day
73 period. If, however, the lienholder files with the department
74 within the 10-day period a written statement that the lien is
75 still outstanding, the department shall not remove the lien
76 until the lienholder presents a satisfaction of lien to the
77 department. Ten days after the receipt of an application for a
78 derelict motor vehicle certificate and notification to the
79 lienholder, the department may remove the lien from the derelict
80 motor vehicle record if a written statement protesting removal
81 of the lien is not received by the department from the
82 lienholder within the 10-day period.
83 Section 2. Subsections (1) and (2), paragraph (b) of
84 subsection (3), paragraph (a) of subsection (7), and subsection
85 (8) of section 319.30, Florida Statutes, are amended to read:
86 319.30 Definitions; dismantling, destruction, change of
87 identity of motor vehicle or mobile home; salvage.—
88 (1) As used in this section, the term:
89 (a) “Certificate of destruction” means the certificate
90 issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
91 (b) “Certificate of registration number” means the
92 certificate of registration number issued by the Department of
93 Revenue of the State of Florida pursuant to s. 538.25.
94 (c) “Certificate of title” means a record that serves as
95 evidence of ownership of a vehicle, whether such record is a
96 paper certificate authorized by the department or by a motor
97 vehicle department authorized to issue titles in another state
98 or a certificate consisting of information stored in electronic
99 form in the department’s database.
100 (d) “Derelict” means any material which is or may have been
101 a motor vehicle or mobile home, which is not a major part or
102 major component part, which is inoperable, and which is in such
103 condition that its highest or primary value is in its sale or
104 transfer as scrap metal.
105 (e) “Derelict motor vehicle” means any motor vehicle as
106 defined in s. 320.01(1) or mobile home as defined in s.
107 320.01(2), with or without all parts, major parts, or major
108 component parts, which is valued under $1,000, is at least 10
109 model years old, beginning with the model year of the vehicle as
110 year one, and is in such condition that its highest or primary
111 value is for sale, transport, or delivery to a licensed salvage
112 motor vehicle dealer or registered secondary metals recycler for
113 dismantling its component parts or conversion to scrap metal.
114 (f) “Derelict motor vehicle certificate” means a
115 certificate issued by the department which serves as evidence
116 that a derelict motor vehicle will be dismantled or converted to
117 scrap metal. This certificate may be obtained by completing a
118 derelict motor vehicle certificate application authorized by the
119 department. completed by the derelict motor vehicle owner, the
120 owner’s authorized transporter when different from the owner,
121 and the licensed salvage motor vehicle dealer or the registered
122 secondary metals recycler and submitted to the department for
123 cancellation of the title record of the derelict motor vehicle.
124 A derelict motor vehicle certificate may be reassigned only one
125 time if the derelict motor vehicle certificate was completed by
126 a licensed salvage motor vehicle dealer and the derelict motor
127 vehicle was sold to another licensed salvage motor vehicle
128 dealer or a secondary metals recycler.
129 (g) “Junk” means any material which is or may have been a
130 motor vehicle or mobile home, with or without all component
131 parts, which is inoperable and which material is in such
132 condition that its highest or primary value is either in its
133 sale or transfer as scrap metal or for its component parts, or a
134 combination of the two, except when sold or delivered to or when
135 purchased, possessed, or received by a secondary metals recycler
136 or salvage motor vehicle dealer.
137 (h) “Major component parts” means:
138 1. For motor vehicles other than motorcycles, any fender
139 the front-end assembly (fenders, hood, grill, and bumper), cowl
140 assembly, rear body section (both quarter panel panels, trunk
141 lid, door, decklid, and bumper), floor pan, door assemblies,
142 engine, frame, transmission, catalytic converter, or and airbag.
143 2. For trucks, in addition to those parts listed in
144 subparagraph 1., any truck bed, including dump, wrecker, crane,
145 mixer, cargo box, or any bed which mounts to a truck frame.
146 3. For motorcycles, the body assembly, frame, fenders, gas
147 tanks, engine, cylinder block, heads, engine case, crank case,
148 transmission, drive train, front fork assembly, and wheels.
149 4. For mobile homes, the frame.
150 (i) “Major part” means the front-end assembly, cowl
151 assembly, or rear body section.
152 (j) “Materials” means motor vehicles, derelicts, and major
153 parts that are not prepared materials.
154 (k) “Mobile home” means mobile home as defined in s.
155 320.01(2).
156 (l) “Motor vehicle” means motor vehicle as defined in s.
157 320.01(1).
158 (m) “Parts” means parts of motor vehicles or combinations
159 thereof that do not constitute materials or prepared materials.
160 (n) “Personal identification card” means personal
161 identification card as defined in s. 538.18(5).
162 (n)(o) “Prepared materials” means motor vehicles, mobile
163 homes, derelict motor vehicles, major parts, or parts that have
164 been processed by mechanically flattening or crushing, or
165 otherwise processed such that they are not the motor vehicle or
166 mobile home described in the certificate of title, or their only
167 value is as scrap metal.
168 (o)(p) “Processing” means the business of performing the
169 manufacturing process by which ferrous metals or nonferrous
170 metals are converted into raw material products consisting of
171 prepared grades and having an existing or potential economic
172 value, or the purchase of materials, prepared materials, or
173 parts therefor.
174 (p)(q) “Recreational vehicle” means a motor vehicle as
175 defined in s. 320.01(1).
176 (q)(r) “Salvage” means a motor vehicle or mobile home which
177 is a total loss as defined in paragraph (3)(a).
178 (r)(s) “Salvage certificate of title” means a salvage
179 certificate of title issued by the department or by another
180 motor vehicle department authorized to issue titles in another
181 state.
182 (s)(t) “Salvage motor vehicle dealer” means salvage motor
183 vehicle dealer as defined in s. 320.27(1)(c)5.
184 (t)(u) “Secondary metals recycler” means secondary metals
185 recycler as defined in s. 538.18(8).
186 (u) “Seller” means the owner of record or a person who has
187 physical possession and responsibility for a derelict motor
188 vehicle and attests that possession of the vehicle was obtained
189 through lawful means along with all ownership rights. A seller
190 does not include a towing company, repair shop, or landlord
191 unless the towing company, repair shop, or landlord has obtained
192 title, salvage title, or a certificate of destruction in the
193 name of the towing company, repair shop, or landlord.
194 (2)(a) Each person mentioned as owner in the last issued
195 certificate of title, when such motor vehicle or mobile home is
196 dismantled, destroyed, or changed in such manner that it is not
197 the motor vehicle or mobile home described in the certificate of
198 title, shall surrender his or her certificate of title to the
199 department, and thereupon the department shall, with the consent
200 of any lienholders noted thereon, enter a cancellation upon its
201 records. Upon cancellation of a certificate of title in the
202 manner prescribed by this section, the department may cancel and
203 destroy all certificates in that chain of title. Any person who
204 knowingly willfully and deliberately violates this paragraph
205 commits a misdemeanor of the second degree, punishable as
206 provided in s. 775.082 or s. 775.083.
207 (b)1. When a motor vehicle, recreational vehicle, or mobile
208 home is sold, transported, or delivered to, or received by a
209 salvage motor vehicle dealer, it shall be accompanied by:
210 a. A valid certificate of title issued in the name of the
211 seller or properly endorsed, as required in s. 319.22, over to
212 the seller;
213 b. A valid salvage certificate of title issued in the name
214 of the seller or properly endorsed, as required in s. 319.22,
215 over to the seller; or
216 c. A valid certificate of destruction issued in the name of
217 the seller or properly endorsed over to the seller.
218 2. Any person who knowingly willfully and deliberately
219 violates this paragraph by selling, transporting, delivering,
220 purchasing, or receiving a motor vehicle, recreational vehicle,
221 or mobile home without obtaining a properly endorsed certificate
222 of title, salvage certificate of title, or certificate of
223 destruction from the owner commits a felony of the third degree,
224 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
225 (c)1. When a derelict motor vehicle is sold, transported,
226 or delivered to a licensed salvage motor vehicle dealer, the
227 purchaser shall record the date of purchase and the name,
228 address, and valid Florida driver’s license number or valid
229 Florida identification card number, or a valid driver’s license
230 number or identification card number issued by another state,
231 personal identification card number of the person selling the
232 derelict motor vehicle, and it shall be accompanied by:
233 a. A valid certificate of title issued in the name of the
234 seller or properly endorsed over to the seller;
235 b. A valid salvage certificate of title issued in the name
236 of the seller or properly endorsed over to the seller; or
237 c. A valid certificate of destruction issued in the name of
238 the seller or properly endorsed over to the seller.
239 2. If a valid the certificate of title, salvage certificate
240 of title, or certificate of destruction is not available, a
241 derelict motor vehicle certificate application shall be
242 completed by the seller or owner of the motor vehicle or mobile
243 home, the seller’s or owner’s authorized transporter, and the
244 licensed salvage motor vehicle dealer at the time of sale,
245 transport, or delivery to the licensed salvage motor vehicle
246 dealer. The derelict motor vehicle certificate application shall
247 be used by the seller or owner, the seller’s or owner’s
248 authorized transporter, and the licensed salvage motor vehicle
249 dealer to obtain a derelict motor vehicle certificate from the
250 department. The derelict motor vehicle certificate application
251 must be accompanied by a legible copy of the seller’s or owner’s
252 valid Florida driver’s license or Florida identification card,
253 or a valid driver’s license or identification card issued by
254 another state. If the seller is not the owner of record of the
255 vehicle being sold, the dealer shall, at the time of sale,
256 acquire a smudge-free right thumbprint, or other digit if the
257 seller has no right thumb, of the seller is imprinted upon the
258 derelict motor vehicle certificate application and that a
259 legible copy of the seller’s driver’s license or identification
260 card is affixed to the application and transmitted to the
261 department. The licensed salvage motor vehicle dealer shall
262 secure the derelict motor vehicle or mobile home for 3 full
263 business days, excluding weekends and holidays, if there is no
264 active lien or a lien of 3 years or more on the department’s
265 records before destroying or dismantling the derelict motor
266 vehicle and shall follow all reporting procedures established by
267 the department, including electronic notification to the
268 department or delivery of the original derelict motor vehicle
269 certificate application to an agent of the department within 24
270 hours after receiving the derelict motor vehicle. If there is an
271 active lien of 3 years or less on the derelict motor vehicle,
272 the licensed salvage motor vehicle dealer shall secure the
273 derelict motor vehicle for 10 days. The department shall notify
274 the lienholder that a derelict motor vehicle certificate has
275 been issued and shall notify the lienholder of its intention to
276 remove the lien. Ten days after receipt of the motor vehicle
277 derelict certificate application, the department may remove the
278 lien from its records if a written statement protesting removal
279 of the lien is not received by the department from the
280 lienholder within the 10-day period. However, if the lienholder
281 files with the department and the licensed salvage motor vehicle
282 dealer within the 10-day period a written statement that the
283 lien is still outstanding, the department shall not remove the
284 lien and shall place an administrative hold on the record for 30
285 days to allow the lienholder to apply for title to the vehicle
286 or a repossession certificate under s. 319.28. The licensed
287 salvage motor vehicle dealer must secure the derelict motor
288 vehicle until the department’s administrative stop is removed,
289 the lienholder submits a lien satisfaction, or the lienholder
290 takes possession of the vehicle.
291 3. Any person who knowingly willfully and deliberately
292 violates this paragraph by selling, transporting, delivering,
293 purchasing, or receiving a derelict motor vehicle without
294 obtaining a certificate of title, salvage certificate of title,
295 certificate of destruction, or derelict motor vehicle
296 certificate application; enters false or fictitious information
297 on a derelict motor vehicle certificate application; does not
298 complete the derelict motor vehicle certificate application as
299 required; does not obtain a legible copy of the seller’s or
300 owner’s valid driver’s license or identification card when
301 required; or does not make the required notification to the
302 department; or destroys or dismantles a derelict motor vehicle
303 without waiting the required time as set forth in subparagraph
304 2. 3 full business days commits a felony of the third degree,
305 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
306 (3)
307 (b) The owner, including persons who are self-insured, of
308 any motor vehicle or mobile home which is considered to be
309 salvage shall, within 72 hours after the motor vehicle or mobile
310 home becomes salvage, forward the title to the motor vehicle or
311 mobile home to the department for processing. However, an
312 insurance company which pays money as compensation for total
313 loss of a motor vehicle or mobile home shall obtain the
314 certificate of title for the motor vehicle or mobile home and,
315 within 72 hours after receiving such certificate of title, shall
316 forward such title to the department for processing. The owner
317 or insurance company, as the case may be, may not dispose of a
318 vehicle or mobile home that is a total loss before it has
319 obtained a salvage certificate of title or certificate of
320 destruction from the department. When applying for a salvage
321 certificate of title or certificate of destruction, the owner or
322 insurance company must provide the department with an estimate
323 of the costs of repairing the physical and mechanical damage
324 suffered by the vehicle for which a salvage certificate of title
325 or certificate of destruction is sought. If the estimated costs
326 of repairing the physical and mechanical damage to the vehicle
327 are equal to 80 percent or more of the current retail cost of
328 the vehicle, as established in any official used car or used
329 mobile home guide, the department shall declare the vehicle
330 unrebuildable and print a certificate of destruction, which
331 authorizes the dismantling or destruction of the motor vehicle
332 or mobile home described therein. However, if the damaged motor
333 vehicle is equipped with custom-lowered floors for wheelchair
334 access or a wheelchair lift, the insurance company may, upon
335 determining that the vehicle is repairable to a condition that
336 is safe for operation on public roads, submit the certificate of
337 title to the department for reissuance as a salvage rebuildable
338 title and the addition of a title brand of “insurance-declared
339 total loss.” The certificate of destruction shall be
340 reassignable a maximum of two times before dismantling or
341 destruction of the vehicle shall be required, and shall
342 accompany the motor vehicle or mobile home for which it is
343 issued, when such motor vehicle or mobile home is sold for such
344 purposes, in lieu of a certificate of title, and, thereafter,
345 the department shall refuse issuance of any certificate of title
346 for that vehicle. Nothing in this subsection shall be applicable
347 when a vehicle is worth less than $1,500 retail in undamaged
348 condition in any official used motor vehicle guide or used
349 mobile home guide or when a stolen motor vehicle or mobile home
350 is recovered in substantially intact condition and is readily
351 resalable without extensive repairs to or replacement of the
352 frame or engine. Any person who knowingly willfully and
353 deliberately violates this paragraph or falsifies any document
354 to avoid the requirements of this paragraph commits a
355 misdemeanor of the first degree, punishable as provided in s.
356 775.082 or s. 775.083.
357 (7)(a) In the event of a purchase by a secondary metals
358 recycler, that has been issued a certificate of registration
359 number, of:
360 1. Materials, prepared materials, or parts from any seller
361 for purposes other than the processing of such materials,
362 prepared materials, or parts, the purchaser shall obtain such
363 documentation as may be required by this section and shall
364 record the seller’s name and address, date of purchase, and the
365 personal identification card number of the person delivering
366 such items.
367 2. Parts or prepared materials from any seller for purposes
368 of the processing of such parts or prepared materials, the
369 purchaser shall record the seller’s name and address and date of
370 purchase and, in the event of a purchase transaction consisting
371 primarily of parts or prepared materials, the personal
372 identification card number of the person delivering such items.
373 3. Materials from another secondary metals recycler for
374 purposes of the processing of such materials, the purchaser
375 shall record the seller’s name and address and date of purchase.
376 4.a. Motor vehicles, recreational vehicles, mobile homes,
377 or derelict motor vehicles from other than a secondary metals
378 recycler for purposes of the processing of such motor vehicles,
379 recreational vehicles, mobile homes, or derelict motor vehicles,
380 the purchaser shall record the date of purchase and the name,
381 address, and personal identification card number of the person
382 selling such items and shall obtain the following documentation
383 from the seller with respect to each item purchased:
384 (I) A valid certificate of title issued in the name of the
385 seller or properly endorsed, as required in s. 319.22, over to
386 the seller;
387 (II) A valid salvage certificate of title issued in the
388 name of the seller or properly endorsed, as required in s.
389 319.22, over to the seller;
390 (III)(II) A valid certificate of destruction issued in the
391 name of the seller or properly endorsed over to the seller; or
392 (IV)(III) A valid derelict motor vehicle certificate
393 obtained from the department completed by a licensed salvage
394 motor vehicle dealer and properly reassigned to the secondary
395 metals recycler.
396 b. If a valid certificate of title, salvage certificate of
397 title, certificate of destruction, or derelict motor vehicle
398 certificate is not available and the motor vehicle or mobile
399 home is a derelict motor vehicle, a derelict motor vehicle
400 certificate application shall be completed by the seller or
401 owner of the motor vehicle or mobile home, the seller’s or
402 owner’s authorized transporter, and the registered secondary
403 metals recycler at the time of sale, transport, or delivery to
404 the registered secondary metals recycler to obtain a derelict
405 motor vehicle certificate from the department. The derelict
406 motor vehicle certificate application must be accompanied by a
407 legible copy of the seller’s or owner’s valid Florida driver’s
408 license or Florida identification card, or a valid driver’s
409 license or identification card from another state. If the seller
410 is not the owner of record of the vehicle being sold, the
411 recycler shall, at the time of sale, acquire a smudge-free right
412 thumbprint, or other digit if the seller has no right thumb, of
413 the seller is imprinted upon the derelict motor vehicle
414 certificate application, and that the legible copy of the
415 seller’s driver’s license or identification card is affixed to
416 the application and transmitted to the department. The derelict
417 motor vehicle certificate shall be used by the owner, the
418 owner’s authorized transporter, and the registered secondary
419 metals recycler. The registered secondary metals recycler shall
420 secure the derelict motor vehicle for 3 full business days,
421 excluding weekends and holidays, if there is no active lien or a
422 lien of 3 years or more on the department’s records before
423 destroying or dismantling the derelict motor vehicle and shall
424 follow all reporting procedures established by the department,
425 including electronic notification to the department or delivery
426 of the original derelict motor vehicle certificate application
427 to an agent of the department within 24 hours after receiving
428 the derelict motor vehicle. If there is an active lien of 3
429 years or less on the derelict motor vehicle, the registered
430 secondary metals recycler shall secure the derelict motor
431 vehicle for 10 days. The department shall notify the lienholder
432 of the application for a derelict motor vehicle certificate and
433 shall notify the lienholder of its intention to remove the lien.
434 Ten days after receipt of the motor vehicle derelict
435 application, the department may remove the lien from its records
436 if a written statement protesting removal of the lien is not
437 received by the department from the lienholder within the 10-day
438 period. However, if the lienholder files with the department and
439 the registered secondary metals recycler within the 10-day
440 period a written statement that the lien is still outstanding,
441 the department shall not remove the lien and shall place an
442 administrative hold on the record for 30 days to allow the
443 lienholder to apply for title to the vehicle or a repossession
444 certificate under s. 319.28. The registered secondary metals
445 recycler must secure the derelict motor vehicle until the
446 department’s administrative stop is removed, the lienholder
447 submits a lien satisfaction, or the lienholder takes possession
448 of the vehicle.
449 c. Any person who knowingly willfully and deliberately
450 violates this subparagraph by selling, transporting, delivering,
451 purchasing, or receiving a motor vehicle, recreational motor
452 vehicle, mobile home, or derelict motor vehicle without
453 obtaining a certificate of title, salvage certificate of title,
454 certificate of destruction, or derelict motor vehicle
455 certificate; enters false or fictitious information on a
456 derelict motor vehicle certificate application; does not
457 complete the derelict motor vehicle certificate application as
458 required or does not make the required notification to the
459 department; does not obtain a legible copy of the seller’s or
460 owner’s driver’s license or identification card when required;
461 or destroys or dismantles a derelict motor vehicle without
462 waiting the required time as set forth in sub-subparagraph b. 3
463 full business days commits a felony of the third degree,
464 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
465 5. Major parts from other than a secondary metals recycler
466 for purposes of the processing of such major parts, the
467 purchaser shall record the seller’s name, address, date of
468 purchase, and the personal identification card number of the
469 person delivering such items, as well as the vehicle
470 identification number, if available, of each major part
471 purchased.
472 (8)(a) Secondary metals recyclers and salvage motor vehicle
473 dealers shall return to the department on a monthly basis all
474 certificates of title and salvage certificates of title that are
475 required by this section to be obtained. Secondary metals
476 recyclers and salvage motor vehicle dealers may elect to notify
477 the department electronically through procedures established by
478 the department when they receive each motor vehicle or mobile
479 home, salvage motor vehicle or mobile home, or derelict motor
480 vehicle with a certificate of title or salvage certificate of
481 title through procedures established by the department. The
482 department may adopt rules and establish fees as it deems
483 necessary or proper for the administration of the electronic
484 notification service.
485 (b) Secondary metals recyclers and salvage motor vehicle
486 dealers shall keep originals, or a copy in the event the
487 original was returned to the department, of all certificates of
488 title, salvage certificates of title, certificates of
489 destruction, derelict motor vehicle certificates, and all other
490 information required by this section to be recorded or obtained,
491 on file in the offices of such secondary metals recyclers or
492 salvage motor vehicle dealers for a period of 3 years after the
493 date of purchase of the items reflected in such certificates of
494 title, salvage certificates of title, certificates of
495 destruction, or derelict motor vehicle certificates. These
496 records shall be maintained in chronological order.
497 (c) For the purpose of enforcement of this section, the
498 department or its agents and employees have the same right of
499 inspection as law enforcement officers as provided in s.
500 812.055.
501 (d) Whenever the department, its agent or employee, or any
502 law enforcement officer has reason to believe that a stolen or
503 fraudulently titled motor vehicle, mobile home, recreational
504 vehicle, salvage motor vehicle, or derelict motor vehicle is in
505 the possession of a salvage motor vehicle dealer or secondary
506 metals recycler, the department, its agent or employee, or the
507 law enforcement officer may issue an extended a hold notice, not
508 to exceed 5 additional business days, excluding weekends and
509 holidays, to the salvage motor vehicle dealer or registered
510 secondary metals recycler.
511 (e) Whenever a salvage motor vehicle dealer or registered
512 secondary metals recycler is notified by the department, its
513 agent or employee, or any law enforcement officer to hold a
514 motor vehicle, mobile home, recreational vehicle, salvage motor
515 vehicle, or derelict motor vehicle that is believed to be stolen
516 or fraudulently titled, the salvage motor vehicle dealer or
517 registered secondary metals recycler shall hold the motor
518 vehicle, mobile home, recreational vehicle, salvage motor
519 vehicle, or derelict motor vehicle and may not dismantle or
520 destroy the motor vehicle, mobile home, recreational vehicle,
521 salvage motor vehicle, or derelict motor vehicle until it is
522 recovered by a law enforcement officer, the hold is released by
523 the department or the law enforcement officer placing the hold,
524 or the extended 5 additional business working days have passed
525 since being notified of the hold. If a stolen or fraudulently
526 titled motor vehicle, mobile home, recreational vehicle, salvage
527 motor vehicle, or derelict motor vehicle is recovered by a law
528 enforcement officer, the salvage motor vehicle dealer or
529 secondary metals recycler shall bear the burden of any loss
530 resulting from its recovery or seizure.
531 (f) This section does not authorize any person who is
532 engaged in the business of recovering, towing, or storing
533 vehicles pursuant to s. 713.78, and who is claiming a lien for
534 performing labor or services on a motor vehicle or mobile home
535 pursuant to s. 713.58, or is claiming that a motor vehicle or
536 mobile home has remained on any premises after tenancy has
537 terminated pursuant to s. 715.104, to use a derelict motor
538 vehicle certificate application for the purpose of transporting,
539 selling, disposing, or delivering of a motor vehicle at a
540 salvage motor vehicle dealer or metal recycler without obtaining
541 the title or certificate of destruction required under s.
542 713.58, s. 713.78, or s. 715.104.
543 (g) The department shall accept all properly endorsed and
544 completed derelict motor vehicle certificate applications and
545 shall issue a derelict motor vehicle certificate having an
546 effective date that authorizes when a derelict motor vehicle is
547 eligible for dismantling or destruction. The electronic
548 information obtained from the derelict motor vehicle certificate
549 application shall be stored electronically and shall be made
550 available to authorized persons after issuance of the derelict
551 motor vehicle certificate in the Florida Real Time Vehicle
552 Information System.
553 (h)(f) The department is authorized to adopt rules pursuant
554 to ss. 120.536(1) and 120.54 establishing policies and
555 procedures to administer and enforce this section.
556 (i)(g) The department shall charge a fee of $3 for each
557 derelict motor vehicle certificate delivered to the department
558 or one of its agents for processing and shall mark the title
559 record canceled. A service charge may be collected under s.
560 320.04.
561 (j) The licensed salvage motor vehicle dealer or registered
562 secondary metals recycler shall make all payments for the
563 purchase of any derelict motor vehicle that is sold by a seller
564 who is not the owner of record on file with the department by
565 check or money order made payable to the seller and may not make
566 payment to the authorized transporter. The licensed salvage
567 motor vehicle dealer or registered secondary metals recycler may
568 not cash the check that such dealer or recycler issued to the
569 seller.
570 Section 3. This act shall take effect July 1, 2010.