CS for CS for SB 792 First Engrossed (ntc)
2010792e1
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:
106 1. Any motor vehicle as defined in s. 320.01(1) or mobile
107 home as defined in s. 320.01(2), with or without all parts,
108 major parts, or major component parts, which is valued under
109 $1,000, is at least 10 model years old, beginning with the model
110 year of the vehicle as year one, and is in such condition that
111 its highest or primary value is for sale, transport, or delivery
112 to a licensed salvage motor vehicle dealer or registered
113 secondary metals recycler for dismantling its component parts or
114 conversion to scrap metal; or
115 2. Any trailer as defined in s. 320.01(1), with or without
116 all parts, major parts, or major component parts, which is
117 valued under $5,000, is at least 10 model years old, beginning
118 with the model year of the vehicle as year one, and is in such
119 condition that its highest or primary value is for sale,
120 transport, or delivery to a licensed salvage motor vehicle
121 dealer or registered secondary metals recycler for conversion to
122 scrap metal.
123 (f) “Derelict motor vehicle certificate” means a
124 certificate issued by the department which serves as evidence
125 that a derelict motor vehicle will be dismantled or converted to
126 scrap metal. This certificate may be obtained by completing a
127 derelict motor vehicle certificate application authorized by the
128 department. completed by the derelict motor vehicle owner, the
129 owner’s authorized transporter when different from the owner,
130 and the licensed salvage motor vehicle dealer or the registered
131 secondary metals recycler and submitted to the department for
132 cancellation of the title record of the derelict motor vehicle.
133 A derelict motor vehicle certificate may be reassigned only one
134 time if the derelict motor vehicle certificate was completed by
135 a licensed salvage motor vehicle dealer and the derelict motor
136 vehicle was sold to another licensed salvage motor vehicle
137 dealer or a secondary metals recycler.
138 (g) “Junk” means any material which is or may have been a
139 motor vehicle or mobile home, with or without all component
140 parts, which is inoperable and which material is in such
141 condition that its highest or primary value is either in its
142 sale or transfer as scrap metal or for its component parts, or a
143 combination of the two, except when sold or delivered to or when
144 purchased, possessed, or received by a secondary metals recycler
145 or salvage motor vehicle dealer.
146 (h) “Major component parts” means:
147 1. For motor vehicles other than motorcycles, any fender
148 the front-end assembly (fenders, hood, grill, and bumper), cowl
149 assembly, rear body section (both quarter panel panels, trunk
150 lid, door, decklid, and bumper), floor pan, door assemblies,
151 engine, frame, transmission, catalytic converter, or and airbag.
152 2. For trucks, in addition to those parts listed in
153 subparagraph 1., any truck bed, including dump, wrecker, crane,
154 mixer, cargo box, or any bed which mounts to a truck frame.
155 3. For motorcycles, the body assembly, frame, fenders, gas
156 tanks, engine, cylinder block, heads, engine case, crank case,
157 transmission, drive train, front fork assembly, and wheels.
158 4. For mobile homes, the frame.
159 (i) “Major part” means the front-end assembly, cowl
160 assembly, or rear body section.
161 (j) “Materials” means motor vehicles, derelicts, and major
162 parts that are not prepared materials.
163 (k) “Mobile home” means mobile home as defined in s.
164 320.01(2).
165 (l) “Motor vehicle” means motor vehicle as defined in s.
166 320.01(1).
167 (m) “Parts” means parts of motor vehicles or combinations
168 thereof that do not constitute materials or prepared materials.
169 (n) “Personal identification card” means personal
170 identification card as defined in s. 538.18(5).
171 (n)(o) “Prepared materials” means motor vehicles, mobile
172 homes, derelict motor vehicles, major parts, or parts that have
173 been processed by mechanically flattening or crushing, or
174 otherwise processed such that they are not the motor vehicle or
175 mobile home described in the certificate of title, or their only
176 value is as scrap metal.
177 (o)(p) “Processing” means the business of performing the
178 manufacturing process by which ferrous metals or nonferrous
179 metals are converted into raw material products consisting of
180 prepared grades and having an existing or potential economic
181 value, or the purchase of materials, prepared materials, or
182 parts therefor.
183 (p)(q) “Recreational vehicle” means a motor vehicle as
184 defined in s. 320.01(1).
185 (q)(r) “Salvage” means a motor vehicle or mobile home which
186 is a total loss as defined in paragraph (3)(a).
187 (r)(s) “Salvage certificate of title” means a salvage
188 certificate of title issued by the department or by another
189 motor vehicle department authorized to issue titles in another
190 state.
191 (s)(t) “Salvage motor vehicle dealer” means salvage motor
192 vehicle dealer as defined in s. 320.27(1)(c)5.
193 (t)(u) “Secondary metals recycler” means secondary metals
194 recycler as defined in s. 538.18(8).
195 (u) “Seller” means the owner of record or a person who has
196 physical possession and responsibility for a derelict motor
197 vehicle and attests that possession of the vehicle was obtained
198 through lawful means along with all ownership rights. A seller
199 does not include a towing company, repair shop, or landlord
200 unless the towing company, repair shop, or landlord has obtained
201 title, salvage title, or a certificate of destruction in the
202 name of the towing company, repair shop, or landlord.
203 (2)(a) Each person mentioned as owner in the last issued
204 certificate of title, when such motor vehicle or mobile home is
205 dismantled, destroyed, or changed in such manner that it is not
206 the motor vehicle or mobile home described in the certificate of
207 title, shall surrender his or her certificate of title to the
208 department, and thereupon the department shall, with the consent
209 of any lienholders noted thereon, enter a cancellation upon its
210 records. Upon cancellation of a certificate of title in the
211 manner prescribed by this section, the department may cancel and
212 destroy all certificates in that chain of title. Any person who
213 knowingly willfully and deliberately violates this paragraph
214 commits a misdemeanor of the second degree, punishable as
215 provided in s. 775.082 or s. 775.083.
216 (b)1. When a motor vehicle, recreational vehicle, or mobile
217 home is sold, transported, or delivered to, or received by a
218 salvage motor vehicle dealer, it shall be accompanied by:
219 a. A valid certificate of title issued in the name of the
220 seller or properly endorsed, as required in s. 319.22, over to
221 the seller;
222 b. A valid salvage certificate of title issued in the name
223 of the seller or properly endorsed, as required in s. 319.22,
224 over to the seller; or
225 c. A valid certificate of destruction issued in the name of
226 the seller or properly endorsed over to the seller.
227 2. Any person who knowingly willfully and deliberately
228 violates this paragraph by selling, transporting, delivering,
229 purchasing, or receiving a motor vehicle, recreational vehicle,
230 or mobile home without obtaining a properly endorsed certificate
231 of title, salvage certificate of title, or certificate of
232 destruction from the owner commits a felony of the third degree,
233 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
234 (c)1. When a derelict motor vehicle is sold, transported,
235 or delivered to a licensed salvage motor vehicle dealer, the
236 purchaser shall record the date of purchase and the name,
237 address, and valid Florida driver’s license number or valid
238 Florida identification card number, or a valid driver’s license
239 number or identification card number issued by another state,
240 personal identification card number of the person selling the
241 derelict motor vehicle, and it shall be accompanied by:
242 a. A valid certificate of title issued in the name of the
243 seller or properly endorsed over to the seller;
244 b. A valid salvage certificate of title issued in the name
245 of the seller or properly endorsed over to the seller; or
246 c. A valid certificate of destruction issued in the name of
247 the seller or properly endorsed over to the seller.
248 2. If a valid the certificate of title, salvage certificate
249 of title, or certificate of destruction is not available, a
250 derelict motor vehicle certificate application shall be
251 completed by the seller or owner of the motor vehicle or mobile
252 home, the seller’s or owner’s authorized transporter, and the
253 licensed salvage motor vehicle dealer at the time of sale,
254 transport, or delivery to the licensed salvage motor vehicle
255 dealer. The derelict motor vehicle certificate application shall
256 be used by the seller or owner, the seller’s or owner’s
257 authorized transporter, and the licensed salvage motor vehicle
258 dealer to obtain a derelict motor vehicle certificate from the
259 department. The derelict motor vehicle certificate application
260 must be accompanied by a legible copy of the seller’s or owner’s
261 valid Florida driver’s license or Florida identification card,
262 or a valid driver’s license or identification card issued by
263 another state. If the seller is not the owner of record of the
264 vehicle being sold, the dealer shall, at the time of sale,
265 acquire a smudge-free right thumbprint, or other digit if the
266 seller has no right thumb, of the seller is imprinted upon the
267 derelict motor vehicle certificate application and that a
268 legible copy of the seller’s driver’s license or identification
269 card is affixed to the application and transmitted to the
270 department. The licensed salvage motor vehicle dealer shall
271 secure the derelict motor vehicle or mobile home for 3 full
272 business days, excluding weekends and holidays, if there is no
273 active lien or a lien of 3 years or more on the department’s
274 records before destroying or dismantling the derelict motor
275 vehicle and shall follow all reporting procedures established by
276 the department, including electronic notification to the
277 department or delivery of the original derelict motor vehicle
278 certificate application to an agent of the department within 24
279 hours after receiving the derelict motor vehicle. If there is an
280 active lien of 3 years or less on the derelict motor vehicle,
281 the licensed salvage motor vehicle dealer shall secure the
282 derelict motor vehicle for 10 days. The department shall notify
283 the lienholder that a derelict motor vehicle certificate has
284 been issued and shall notify the lienholder of its intention to
285 remove the lien. Ten days after receipt of the motor vehicle
286 derelict certificate application, the department may remove the
287 lien from its records if a written statement protesting removal
288 of the lien is not received by the department from the
289 lienholder within the 10-day period. However, if the lienholder
290 files with the department and the licensed salvage motor vehicle
291 dealer within the 10-day period a written statement that the
292 lien is still outstanding, the department shall not remove the
293 lien and shall place an administrative hold on the record for 30
294 days to allow the lienholder to apply for title to the vehicle
295 or a repossession certificate under s. 319.28. The licensed
296 salvage motor vehicle dealer must secure the derelict motor
297 vehicle until the department’s administrative stop is removed,
298 the lienholder submits a lien satisfaction, or the lienholder
299 takes possession of the vehicle.
300 3. Any person who knowingly willfully and deliberately
301 violates this paragraph by selling, transporting, delivering,
302 purchasing, or receiving a derelict motor vehicle without
303 obtaining a certificate of title, salvage certificate of title,
304 certificate of destruction, or derelict motor vehicle
305 certificate application; enters false or fictitious information
306 on a derelict motor vehicle certificate application; does not
307 complete the derelict motor vehicle certificate application as
308 required; does not obtain a legible copy of the seller’s or
309 owner’s valid driver’s license or identification card when
310 required; or does not make the required notification to the
311 department; or destroys or dismantles a derelict motor vehicle
312 without waiting the required time as set forth in subparagraph
313 2. 3 full business days commits a felony of the third degree,
314 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
315 (3)
316 (b) The owner, including persons who are self-insured, of
317 any motor vehicle or mobile home which is considered to be
318 salvage shall, within 72 hours after the motor vehicle or mobile
319 home becomes salvage, forward the title to the motor vehicle or
320 mobile home to the department for processing. However, an
321 insurance company which pays money as compensation for total
322 loss of a motor vehicle or mobile home shall obtain the
323 certificate of title for the motor vehicle or mobile home and,
324 within 72 hours after receiving such certificate of title, shall
325 forward such title to the department for processing. The owner
326 or insurance company, as the case may be, may not dispose of a
327 vehicle or mobile home that is a total loss before it has
328 obtained a salvage certificate of title or certificate of
329 destruction from the department. When applying for a salvage
330 certificate of title or certificate of destruction, the owner or
331 insurance company must provide the department with an estimate
332 of the costs of repairing the physical and mechanical damage
333 suffered by the vehicle for which a salvage certificate of title
334 or certificate of destruction is sought. If the estimated costs
335 of repairing the physical and mechanical damage to the vehicle
336 are equal to 80 percent or more of the current retail cost of
337 the vehicle, as established in any official used car or used
338 mobile home guide, the department shall declare the vehicle
339 unrebuildable and print a certificate of destruction, which
340 authorizes the dismantling or destruction of the motor vehicle
341 or mobile home described therein. However, if the damaged motor
342 vehicle is equipped with custom-lowered floors for wheelchair
343 access or a wheelchair lift, the insurance company may, upon
344 determining that the vehicle is repairable to a condition that
345 is safe for operation on public roads, submit the certificate of
346 title to the department for reissuance as a salvage rebuildable
347 title and the addition of a title brand of “insurance-declared
348 total loss.” The certificate of destruction shall be
349 reassignable a maximum of two times before dismantling or
350 destruction of the vehicle shall be required, and shall
351 accompany the motor vehicle or mobile home for which it is
352 issued, when such motor vehicle or mobile home is sold for such
353 purposes, in lieu of a certificate of title, and, thereafter,
354 the department shall refuse issuance of any certificate of title
355 for that vehicle. Nothing in this subsection shall be applicable
356 when a vehicle is worth less than $1,500 retail in undamaged
357 condition in any official used motor vehicle guide or used
358 mobile home guide or when a stolen motor vehicle or mobile home
359 is recovered in substantially intact condition and is readily
360 resalable without extensive repairs to or replacement of the
361 frame or engine. Any person who knowingly willfully and
362 deliberately violates this paragraph or falsifies any document
363 to avoid the requirements of this paragraph commits a
364 misdemeanor of the first degree, punishable as provided in s.
365 775.082 or s. 775.083.
366 (7)(a) In the event of a purchase by a secondary metals
367 recycler, that has been issued a certificate of registration
368 number, of:
369 1. Materials, prepared materials, or parts from any seller
370 for purposes other than the processing of such materials,
371 prepared materials, or parts, the purchaser shall obtain such
372 documentation as may be required by this section and shall
373 record the seller’s name and address, date of purchase, and the
374 personal identification card number of the person delivering
375 such items.
376 2. Parts or prepared materials from any seller for purposes
377 of the processing of such parts or prepared materials, the
378 purchaser shall record the seller’s name and address and date of
379 purchase and, in the event of a purchase transaction consisting
380 primarily of parts or prepared materials, the personal
381 identification card number of the person delivering such items.
382 3. Materials from another secondary metals recycler for
383 purposes of the processing of such materials, the purchaser
384 shall record the seller’s name and address and date of purchase.
385 4.a. Motor vehicles, recreational vehicles, mobile homes,
386 or derelict motor vehicles from other than a secondary metals
387 recycler for purposes of the processing of such motor vehicles,
388 recreational vehicles, mobile homes, or derelict motor vehicles,
389 the purchaser shall record the date of purchase and the name,
390 address, and personal identification card number of the person
391 selling such items and shall obtain the following documentation
392 from the seller with respect to each item purchased:
393 (I) A valid certificate of title issued in the name of the
394 seller or properly endorsed, as required in s. 319.22, over to
395 the seller;
396 (II) A valid salvage certificate of title issued in the
397 name of the seller or properly endorsed, as required in s.
398 319.22, over to the seller;
399 (III)(II) A valid certificate of destruction issued in the
400 name of the seller or properly endorsed over to the seller; or
401 (IV)(III) A valid derelict motor vehicle certificate
402 obtained from the department completed by a licensed salvage
403 motor vehicle dealer and properly reassigned to the secondary
404 metals recycler.
405 b. If a valid certificate of title, salvage certificate of
406 title, certificate of destruction, or derelict motor vehicle
407 certificate is not available and the motor vehicle or mobile
408 home is a derelict motor vehicle, a derelict motor vehicle
409 certificate application shall be completed by the seller or
410 owner of the motor vehicle or mobile home, the seller’s or
411 owner’s authorized transporter, and the registered secondary
412 metals recycler at the time of sale, transport, or delivery to
413 the registered secondary metals recycler to obtain a derelict
414 motor vehicle certificate from the department. The derelict
415 motor vehicle certificate application must be accompanied by a
416 legible copy of the seller’s or owner’s valid Florida driver’s
417 license or Florida identification card, or a valid driver’s
418 license or identification card from another state. If the seller
419 is not the owner of record of the vehicle being sold, the
420 recycler shall, at the time of sale, acquire a smudge-free right
421 thumbprint, or other digit if the seller has no right thumb, of
422 the seller is imprinted upon the derelict motor vehicle
423 certificate application, and that the legible copy of the
424 seller’s driver’s license or identification card is affixed to
425 the application and transmitted to the department. The derelict
426 motor vehicle certificate shall be used by the owner, the
427 owner’s authorized transporter, and the registered secondary
428 metals recycler. The registered secondary metals recycler shall
429 secure the derelict motor vehicle for 3 full business days,
430 excluding weekends and holidays, if there is no active lien or a
431 lien of 3 years or more on the department’s records before
432 destroying or dismantling the derelict motor vehicle and shall
433 follow all reporting procedures established by the department,
434 including electronic notification to the department or delivery
435 of the original derelict motor vehicle certificate application
436 to an agent of the department within 24 hours after receiving
437 the derelict motor vehicle. If there is an active lien of 3
438 years or less on the derelict motor vehicle, the registered
439 secondary metals recycler shall secure the derelict motor
440 vehicle for 10 days. The department shall notify the lienholder
441 of the application for a derelict motor vehicle certificate and
442 shall notify the lienholder of its intention to remove the lien.
443 Ten days after receipt of the motor vehicle derelict
444 application, the department may remove the lien from its records
445 if a written statement protesting removal of the lien is not
446 received by the department from the lienholder within the 10-day
447 period. However, if the lienholder files with the department and
448 the registered secondary metals recycler within the 10-day
449 period a written statement that the lien is still outstanding,
450 the department shall not remove the lien and shall place an
451 administrative hold on the record for 30 days to allow the
452 lienholder to apply for title to the vehicle or a repossession
453 certificate under s. 319.28. The registered secondary metals
454 recycler must secure the derelict motor vehicle until the
455 department’s administrative stop is removed, the lienholder
456 submits a lien satisfaction, or the lienholder takes possession
457 of the vehicle.
458 c. Any person who knowingly willfully and deliberately
459 violates this subparagraph by selling, transporting, delivering,
460 purchasing, or receiving a motor vehicle, recreational motor
461 vehicle, mobile home, or derelict motor vehicle without
462 obtaining a certificate of title, salvage certificate of title,
463 certificate of destruction, or derelict motor vehicle
464 certificate; enters false or fictitious information on a
465 derelict motor vehicle certificate application; does not
466 complete the derelict motor vehicle certificate application as
467 required or does not make the required notification to the
468 department; does not obtain a legible copy of the seller’s or
469 owner’s driver’s license or identification card when required;
470 or destroys or dismantles a derelict motor vehicle without
471 waiting the required time as set forth in sub-subparagraph b. 3
472 full business days commits a felony of the third degree,
473 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
474 5. Major parts from other than a secondary metals recycler
475 for purposes of the processing of such major parts, the
476 purchaser shall record the seller’s name, address, date of
477 purchase, and the personal identification card number of the
478 person delivering such items, as well as the vehicle
479 identification number, if available, of each major part
480 purchased.
481 (8)(a) Secondary metals recyclers and salvage motor vehicle
482 dealers shall return to the department on a monthly basis all
483 certificates of title and salvage certificates of title that are
484 required by this section to be obtained. Secondary metals
485 recyclers and salvage motor vehicle dealers may elect to notify
486 the department electronically through procedures established by
487 the department when they receive each motor vehicle or mobile
488 home, salvage motor vehicle or mobile home, or derelict motor
489 vehicle with a certificate of title or salvage certificate of
490 title through procedures established by the department. The
491 department may adopt rules and establish fees as it deems
492 necessary or proper for the administration of the electronic
493 notification service.
494 (b) Secondary metals recyclers and salvage motor vehicle
495 dealers shall keep originals, or a copy in the event the
496 original was returned to the department, of all certificates of
497 title, salvage certificates of title, certificates of
498 destruction, derelict motor vehicle certificates, and all other
499 information required by this section to be recorded or obtained,
500 on file in the offices of such secondary metals recyclers or
501 salvage motor vehicle dealers for a period of 3 years after the
502 date of purchase of the items reflected in such certificates of
503 title, salvage certificates of title, certificates of
504 destruction, or derelict motor vehicle certificates. These
505 records shall be maintained in chronological order.
506 (c) For the purpose of enforcement of this section, the
507 department or its agents and employees have the same right of
508 inspection as law enforcement officers as provided in s.
509 812.055.
510 (d) Whenever the department, its agent or employee, or any
511 law enforcement officer has reason to believe that a stolen or
512 fraudulently titled motor vehicle, mobile home, recreational
513 vehicle, salvage motor vehicle, or derelict motor vehicle is in
514 the possession of a salvage motor vehicle dealer or secondary
515 metals recycler, the department, its agent or employee, or the
516 law enforcement officer may issue an extended a hold notice, not
517 to exceed 5 additional business days, excluding weekends and
518 holidays, to the salvage motor vehicle dealer or registered
519 secondary metals recycler.
520 (e) Whenever a salvage motor vehicle dealer or registered
521 secondary metals recycler is notified by the department, its
522 agent or employee, or any law enforcement officer to hold a
523 motor vehicle, mobile home, recreational vehicle, salvage motor
524 vehicle, or derelict motor vehicle that is believed to be stolen
525 or fraudulently titled, the salvage motor vehicle dealer or
526 registered secondary metals recycler shall hold the motor
527 vehicle, mobile home, recreational vehicle, salvage motor
528 vehicle, or derelict motor vehicle and may not dismantle or
529 destroy the motor vehicle, mobile home, recreational vehicle,
530 salvage motor vehicle, or derelict motor vehicle until it is
531 recovered by a law enforcement officer, the hold is released by
532 the department or the law enforcement officer placing the hold,
533 or the extended 5 additional business working days have passed
534 since being notified of the hold.
535 (f) This section does not authorize any person who is
536 engaged in the business of recovering, towing, or storing
537 vehicles pursuant to s. 713.78, and who is claiming a lien for
538 performing labor or services on a motor vehicle or mobile home
539 pursuant to s. 713.58, or is claiming that a motor vehicle or
540 mobile home has remained on any premises after tenancy has
541 terminated pursuant to s. 715.104, to use a derelict motor
542 vehicle certificate application for the purpose of transporting,
543 selling, disposing, or delivering of a motor vehicle at a
544 salvage motor vehicle dealer or metal recycler without obtaining
545 the title or certificate of destruction required under s.
546 713.58, s. 713.78, or s. 715.104.
547 (g) The department shall accept all properly endorsed and
548 completed derelict motor vehicle certificate applications and
549 shall issue a derelict motor vehicle certificate having an
550 effective date that authorizes when a derelict motor vehicle is
551 eligible for dismantling or destruction. The electronic
552 information obtained from the derelict motor vehicle certificate
553 application shall be stored electronically and shall be made
554 available to authorized persons after issuance of the derelict
555 motor vehicle certificate in the Florida Real Time Vehicle
556 Information System.
557 (h)(f) The department is authorized to adopt rules pursuant
558 to ss. 120.536(1) and 120.54 establishing policies and
559 procedures to administer and enforce this section.
560 (i)(g) The department shall charge a fee of $3 for each
561 derelict motor vehicle certificate delivered to the department
562 or one of its agents for processing and shall mark the title
563 record canceled. A service charge may be collected under s.
564 320.04.
565 (j) The licensed salvage motor vehicle dealer or registered
566 secondary metals recycler shall make all payments for the
567 purchase of any derelict motor vehicle that is sold by a seller
568 who is not the owner of record on file with the department by
569 check or money order made payable to the seller and may not make
570 payment to the authorized transporter. The licensed salvage
571 motor vehicle dealer or registered secondary metals recycler may
572 not cash the check that such dealer or recycler issued to the
573 seller.
574 Section 3. This act shall take effect July 1, 2010.