Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1458
       
       
       
       
       
       
                                Barcode 888000                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2013           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Transportation (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 3794 and 3795
    4  insert:
    5         Section 66. Subsections (1), (2), (3), (7), (8), (9), and
    6  (11) of section 319.30, Florida Statutes, are amended, and a new
    7  subsection (11) is added to that section, to read:
    8         319.30 Definitions; dismantling, destruction, change of
    9  identity of motor vehicle or mobile home; salvage.—
   10         (1) As used in this section, the term:
   11         (a) “Certificate of destruction” means the certificate
   12  issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
   13         (b) “Certificate of registration number” means the
   14  certificate of registration number issued by the Department of
   15  Revenue of the State of Florida pursuant to s. 538.25.
   16         (c) “Certificate of title” means a record that serves as
   17  evidence of ownership of a vehicle, whether such record is a
   18  paper certificate authorized by the department or by a motor
   19  vehicle department authorized to issue titles in another state
   20  or a certificate consisting of information stored in electronic
   21  form in the department’s database.
   22         (d) “Derelict” means any material which is or may have been
   23  a motor vehicle or mobile home, which is not a major part or
   24  major component part, which is inoperable, and which is in such
   25  condition that its highest or primary value is in its sale or
   26  transfer as scrap metal.
   27         (e) “Derelict motor vehicle” means:
   28         1. Any motor vehicle as defined in s. 320.01(1) or mobile
   29  home as defined in s. 320.01(2), with or without all parts,
   30  major parts, or major component parts, which is valued under
   31  $1,000, is at least 10 model years old, beginning with the model
   32  year of the vehicle as year one, and is in such condition that
   33  its highest or primary value is for sale, transport, or delivery
   34  to a licensed salvage motor vehicle dealer or registered
   35  secondary metals recycler for dismantling its component parts or
   36  conversion to scrap metal; or
   37         2. Any trailer as defined in s. 320.01(1), with or without
   38  all parts, major parts, or major component parts, which is
   39  valued under $5,000, is at least 10 model years old, beginning
   40  with the model year of the vehicle as year one, and is in such
   41  condition that its highest or primary value is for sale,
   42  transport, or delivery to a licensed salvage motor vehicle
   43  dealer or registered secondary metals recycler for conversion to
   44  scrap metal.
   45         (f) “Derelict motor vehicle certificate” means a
   46  certificate issued by the department which serves as evidence
   47  that a derelict motor vehicle will be dismantled or converted to
   48  scrap metal. This certificate may be obtained by completing a
   49  derelict motor vehicle certificate application authorized by the
   50  department. A derelict motor vehicle certificate may be
   51  reassigned only one time if the derelict motor vehicle
   52  certificate was completed by a licensed salvage motor vehicle
   53  dealer and the derelict motor vehicle was sold to another
   54  licensed salvage motor vehicle dealer or a secondary metals
   55  recycler.
   56         (g) “Independent entity” means a business or entity that
   57  may temporarily store damaged or dismantled motor vehicles
   58  pursuant to an agreement with an insurance company and is
   59  engaged in the sale or resale of damaged or dismantled motor
   60  vehicles. The term does not include a wrecker operator, a towing
   61  company, or a repair facility.
   62         (h) “Junk” means any material which is or may have been a
   63  motor vehicle or mobile home, with or without all component
   64  parts, which is inoperable and which material is in such
   65  condition that its highest or primary value is either in its
   66  sale or transfer as scrap metal or for its component parts, or a
   67  combination of the two, except when sold or delivered to or when
   68  purchased, possessed, or received by a secondary metals recycler
   69  or salvage motor vehicle dealer.
   70         (i) “Major component parts” means:
   71         1. For motor vehicles other than motorcycles, any fender,
   72  hood, bumper, cowl assembly, rear quarter panel, trunk lid,
   73  door, decklid, floor pan, engine, frame, transmission, catalytic
   74  converter, or airbag.
   75         2. For trucks, in addition to those parts listed in
   76  subparagraph 1., any truck bed, including dump, wrecker, crane,
   77  mixer, cargo box, or any bed which mounts to a truck frame.
   78         3. For motorcycles, the body assembly, frame, fenders, gas
   79  tanks, engine, cylinder block, heads, engine case, crank case,
   80  transmission, drive train, front fork assembly, and wheels.
   81         4. For mobile homes, the frame.
   82         (j) “Major part” means the front-end assembly, cowl
   83  assembly, or rear body section.
   84         (k) “Materials” means motor vehicles, derelicts, and major
   85  parts that are not prepared materials.
   86         (l) “Mobile home” means mobile home as defined in s.
   87  320.01(2).
   88         (m) “Motor vehicle” means motor vehicle as defined in s.
   89  320.01(1).
   90         (n)“National Motor Vehicle Title Information System” means
   91  the national mandated vehicle history database required under 28
   92  C.F.R. part 25 and maintained for the United States Department
   93  of Justice that links the states’ motor vehicle title records,
   94  including the department’s motor vehicle title records, and
   95  requires the reporting of junk and salvage motor vehicles in
   96  order to ensure that states, law enforcement agencies, and
   97  consumers have access to vehicle titling, branding, and other
   98  information that enables them to verify the accuracy and
   99  legality of motor vehicle titles before purchase or title
  100  transfer of the vehicle occurs.
  101         (o) “Nonrepairable vehicle” means a vehicle of a type
  102  otherwise subject to registration that:
  103         1. Has no resale value except as a source of parts or scrap
  104  metal or that the owner irreversibly designates as a source of
  105  parts or scrap metal or for destruction; or
  106         2. Has little or no resale value other than its worth as a
  107  source of a vehicle identification number that could be used
  108  illegally; and
  109         a. Has been substantially stripped as a result of theft;
  110         b. Is missing all of the bolt-on sheet metal body panels,
  111  all of the doors and hatches, substantially all of the interior
  112  components, and substantially all of the grill and light
  113  assemblies; or
  114         c. Is a substantially burned vehicle that:
  115         (I) Has burned to the extent that there are no more usable
  116  or repairable body or interior components, tires and wheels, or
  117  drive train components; or
  118         (II) The owner irreversibly designates for destruction or
  119  as having little or no resale value other than its worth as a
  120  source of scrap metal or as a source of a vehicle identification
  121  number that could be used illegally.
  122         (p)(n) “Parts” means parts of motor vehicles or
  123  combinations thereof that do not constitute materials or
  124  prepared materials.
  125         (q)(o) “Prepared materials” means motor vehicles, mobile
  126  homes, derelict motor vehicles, major parts, or parts that have
  127  been processed by mechanically flattening or crushing, or
  128  otherwise processed such that they are not the motor vehicle or
  129  mobile home described in the certificate of title, or their only
  130  value is as scrap metal.
  131         (r)(p) “Processing” means the business of performing the
  132  manufacturing process by which ferrous metals or nonferrous
  133  metals are converted into raw material products consisting of
  134  prepared grades and having an existing or potential economic
  135  value, or the purchase of materials, prepared materials, or
  136  parts therefor.
  137         (s)(q) “Recreational vehicle” means a motor vehicle as
  138  defined in s. 320.01(1).
  139         (t)(r) “Salvage” means a motor vehicle or mobile home which
  140  is a total loss as defined in paragraph (3)(a).
  141         (u)(s) “Salvage certificate of title” means a salvage
  142  certificate of title issued by the department or by another
  143  motor vehicle department authorized to issue titles in another
  144  state.
  145         (v)(t) “Salvage motor vehicle dealer” means salvage motor
  146  vehicle dealer as defined in s. 320.27(1)(c)5.
  147         (w)(u) “Secondary metals recycler” means secondary metals
  148  recycler as defined in s. 538.18.
  149         (x) “Self-insured entity” means a person, firm, business,
  150  company, or corporation, including a rental car company, that
  151  self-insures its own inventory or company vehicles.
  152         (y)(v) “Seller” means the owner of record or a person who
  153  has physical possession and responsibility for a derelict motor
  154  vehicle and attests that possession of the vehicle was obtained
  155  through lawful means along with all ownership rights. A seller
  156  does not include a towing company, repair shop, or landlord
  157  unless the towing company, repair shop, or landlord has obtained
  158  title, salvage title, or a certificate of destruction in the
  159  name of the towing company, repair shop, or landlord.
  160         (2)(a) Each person mentioned as owner in the last issued
  161  certificate of title, when such motor vehicle or mobile home is
  162  dismantled, destroyed, or changed in such manner that it is not
  163  the motor vehicle or mobile home described in the certificate of
  164  title, shall surrender his or her certificate of title to the
  165  department, and thereupon the department shall, with the consent
  166  of any lienholders noted thereon, enter a cancellation upon its
  167  records. Upon cancellation of a certificate of title in the
  168  manner prescribed by this section, the department may cancel and
  169  destroy all certificates in that chain of title. Any person who
  170  knowingly violates this paragraph commits a misdemeanor of the
  171  second degree, punishable as provided in s. 775.082 or s.
  172  775.083.
  173         (b)1. When a motor vehicle, recreational vehicle, or mobile
  174  home is sold, transported, delivered to, or received by a
  175  salvage motor vehicle dealer, it shall be accompanied by:
  176         a. A valid certificate of title issued in the name of the
  177  seller or properly endorsed, as required in s. 319.22, over to
  178  the seller;
  179         b. A valid salvage certificate of title issued in the name
  180  of the seller or properly endorsed, as required in s. 319.22,
  181  over to the seller; or
  182         c. A valid certificate of destruction issued in the name of
  183  the seller or properly endorsed over to the seller.
  184         2. Any person who knowingly violates this paragraph by
  185  selling, transporting, delivering, purchasing, or receiving a
  186  motor vehicle, recreational vehicle, or mobile home without
  187  obtaining a properly endorsed certificate of title, salvage
  188  certificate of title, or certificate of destruction from the
  189  owner commits a felony of the third degree, punishable as
  190  provided in s. 775.082, s. 775.083, or s. 775.084.
  191         (c)1. When a derelict motor vehicle is sold, transported,
  192  or delivered to a licensed salvage motor vehicle dealer, the
  193  purchaser shall record the date of purchase and the name,
  194  address, and valid Florida driver’s license number or valid
  195  Florida identification card number, or a valid driver’s license
  196  number or identification card number issued by another state, of
  197  the person selling the derelict motor vehicle, and it shall be
  198  accompanied by:
  199         a. A valid certificate of title issued in the name of the
  200  seller or properly endorsed over to the seller;
  201         b. A valid salvage certificate of title issued in the name
  202  of the seller or properly endorsed over to the seller; or
  203         c. A valid certificate of destruction issued in the name of
  204  the seller or properly endorsed over to the seller.
  205         2. If a valid certificate of title, salvage certificate of
  206  title, or certificate of destruction is not available, a
  207  derelict motor vehicle certificate application shall be
  208  completed by the seller or owner of the motor vehicle or mobile
  209  home, the seller’s or owner’s authorized transporter, and the
  210  licensed salvage motor vehicle dealer at the time of sale,
  211  transport, or delivery to the licensed salvage motor vehicle
  212  dealer. The derelict motor vehicle certificate application shall
  213  be used by the seller or owner, the seller’s or owner’s
  214  authorized transporter, and the licensed salvage motor vehicle
  215  dealer to obtain a derelict motor vehicle certificate from the
  216  department. The derelict motor vehicle certificate application
  217  must be accompanied by a legible copy of the seller’s or owner’s
  218  valid Florida driver’s license or Florida identification card,
  219  or a valid driver’s license or identification card issued by
  220  another state. If the seller is not the owner of record of the
  221  vehicle being sold, the dealer shall, at the time of sale,
  222  ensure that a smudge-free right thumbprint, or other digit if
  223  the seller has no right thumb, of the seller is imprinted upon
  224  the derelict motor vehicle certificate application and that a
  225  legible copy of the seller’s driver’s license or identification
  226  card is affixed to the application and transmitted to the
  227  department. The licensed salvage motor vehicle dealer shall
  228  secure the derelict motor vehicle for 3 full business days,
  229  excluding weekends and holidays, if there is no active lien or a
  230  lien of 3 years or more on the department’s records before
  231  destroying or dismantling the derelict motor vehicle and shall
  232  follow all reporting procedures established by the department,
  233  including electronic notification to the department or delivery
  234  of the original derelict motor vehicle certificate application
  235  to an agent of the department within 24 hours after receiving
  236  the derelict motor vehicle. If there is an active lien of less
  237  than 3 years on the derelict motor vehicle, the licensed salvage
  238  motor vehicle dealer shall secure the derelict motor vehicle for
  239  10 days. The department shall notify the lienholder that a
  240  derelict motor vehicle certificate has been issued and shall
  241  notify the lienholder of its intention to remove the lien. Ten
  242  days after receipt of the motor vehicle derelict certificate
  243  application, the department may remove the lien from its records
  244  if a written statement protesting removal of the lien is not
  245  received by the department from the lienholder within the 10-day
  246  period. However, if the lienholder files with the department and
  247  the licensed salvage motor vehicle dealer within the 10-day
  248  period a written statement that the lien is still outstanding,
  249  the department shall not remove the lien and shall place an
  250  administrative hold on the record for 30 days to allow the
  251  lienholder to apply for title to the vehicle or a repossession
  252  certificate under s. 319.28. The licensed salvage motor vehicle
  253  dealer must secure the derelict motor vehicle until the
  254  department’s administrative stop is removed, the lienholder
  255  submits a lien satisfaction, or the lienholder takes possession
  256  of the vehicle. The licensed salvage motor vehicle dealer may
  257  require the lienholder to reimburse him or her only for the
  258  dealer’s purchase price of the derelict vehicle and shall not
  259  include any towing costs, storage fees, administrative fees, or
  260  other costs.
  261         3. Any person who knowingly violates this paragraph by
  262  selling, transporting, delivering, purchasing, or receiving a
  263  derelict motor vehicle without obtaining a certificate of title,
  264  salvage certificate of title, certificate of destruction, or
  265  derelict motor vehicle certificate application; enters false or
  266  fictitious information on a derelict motor vehicle certificate
  267  application; does not complete the derelict motor vehicle
  268  certificate application as required; does not obtain a legible
  269  copy of the seller’s or owner’s valid driver’s license or
  270  identification card when required; does not make the required
  271  notification to the department; or destroys or dismantles a
  272  derelict motor vehicle without waiting the required time as set
  273  forth in subparagraph 2. commits a felony of the third degree,
  274  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  275         (3)(a)1. As used in this section, a motor vehicle or mobile
  276  home is a “total loss”:
  277         a. When an insurance company pays the vehicle owner to
  278  replace the wrecked or damaged vehicle with one of like kind and
  279  quality or when an insurance company pays the owner upon the
  280  theft of the motor vehicle or mobile home; or
  281         b. When an uninsured or self-insured motor vehicle or
  282  mobile home is wrecked or damaged and the cost, at the time of
  283  loss, of repairing or rebuilding the vehicle is 80 percent or
  284  more of the cost to the owner of replacing the wrecked or
  285  damaged motor vehicle or mobile home with one of like kind and
  286  quality.
  287         2. A motor vehicle or mobile home shall not be considered a
  288  “total loss” if the insurance company and owner of a motor
  289  vehicle or mobile home agree to repair, rather than to replace,
  290  the motor vehicle or mobile home. However, if the actual cost to
  291  repair the motor vehicle or mobile home to the insurance company
  292  exceeds 100 percent of the cost of replacing the wrecked or
  293  damaged motor vehicle or mobile home with one of like kind and
  294  quality, the owner shall forward to the department, within 72
  295  hours after the agreement, a request to brand the certificate of
  296  title with the words “Total Loss Vehicle.” Such a brand shall
  297  become a part of the vehicle’s title history.
  298         (b) The owner, including persons who are self-insured
  299  entities, of any motor vehicle or mobile home which is
  300  considered to be salvage shall, within 72 hours after the motor
  301  vehicle or mobile home becomes salvage, forward the title to the
  302  motor vehicle or mobile home to the department for processing.
  303  However, an insurance company which pays money as compensation
  304  for total loss of a motor vehicle or mobile home shall obtain
  305  the certificate of title for the motor vehicle or mobile home
  306  and, within 72 hours after receiving such certificate of title,
  307  shall forward such title to the department for processing and
  308  make the required notification to the National Motor Vehicle
  309  Title Information System. The owner, or insurance company, or
  310  self-insured entity as the case may be, may not dispose of a
  311  vehicle or mobile home that is a total loss before it has
  312  obtained a salvage certificate of title or certificate of
  313  destruction from the department. When applying for a salvage
  314  certificate of title or certificate of destruction, the owner,
  315  or insurance company, or self-insured entity must provide the
  316  department with an estimate of the costs of repairing the
  317  physical and mechanical damage suffered by the vehicle for which
  318  a salvage certificate of title or certificate of destruction is
  319  sought. If the motor vehicle is a nonrepairable vehicle
  320  estimated costs of repairing the physical and mechanical damage
  321  to the vehicle are equal to 80 percent or more of the current
  322  retail cost of the vehicle, as established in any official used
  323  car or used mobile home guide, the department shall declare the
  324  vehicle a nonrepairable vehicle unrebuildable and print a
  325  certificate of destruction, which authorizes the dismantling or
  326  destruction of the motor vehicle or mobile home described
  327  therein. However, if the damaged motor vehicle is equipped with
  328  custom-lowered floors for wheelchair access or a wheelchair
  329  lift, the insurance company may, upon determining that the
  330  vehicle is repairable to a condition that is safe for operation
  331  on public roads, submit the certificate of title to the
  332  department for reissuance as a salvage rebuildable title and the
  333  addition of a title brand of “insurance-declared total loss.”
  334  The certificate of destruction shall be reassignable a maximum
  335  of two times before dismantling or destruction of the vehicle
  336  shall be required, and shall accompany the motor vehicle or
  337  mobile home for which it is issued, when such motor vehicle or
  338  mobile home is sold for such purposes, in lieu of a certificate
  339  of title, and, thereafter, the department shall refuse issuance
  340  of any certificate of title for that vehicle. Nothing in this
  341  subsection shall be applicable when a vehicle is worth less than
  342  $1,500 retail in undamaged condition in any official used motor
  343  vehicle guide or used mobile home guide or when a stolen motor
  344  vehicle or mobile home is recovered in substantially intact
  345  condition with all major component parts present and is readily
  346  resalable without extensive repairs to or replacement of the
  347  frame or engine. Any person who knowingly violates this
  348  paragraph or falsifies any document to avoid the requirements of
  349  this paragraph commits a misdemeanor of the first degree,
  350  punishable as provided in s. 775.082 or s. 775.083.
  351         (7)(a) In the event of a purchase by a secondary metals
  352  recycler, that has been issued a certificate of registration
  353  number, of:
  354         1. Materials, prepared materials, or parts from any seller
  355  for purposes other than the processing of such materials,
  356  prepared materials, or parts, the purchaser shall obtain such
  357  documentation as may be required by this section and shall
  358  record the seller’s name and address, date of purchase, and the
  359  personal identification card number of the person delivering
  360  such items.
  361         2. Parts or prepared materials from any seller for purposes
  362  of the processing of such parts or prepared materials, the
  363  purchaser shall record the seller’s name and address and date of
  364  purchase and, in the event of a purchase transaction consisting
  365  primarily of parts or prepared materials, the personal
  366  identification card number of the person delivering such items.
  367         3. Materials from another secondary metals recycler for
  368  purposes of the processing of such materials, the purchaser
  369  shall record the seller’s name and address and date of purchase.
  370         4.a. Motor vehicles, recreational vehicles, mobile homes,
  371  or derelict motor vehicles from other than a secondary metals
  372  recycler for purposes of the processing of such motor vehicles,
  373  recreational vehicles, mobile homes, or derelict motor vehicles,
  374  the purchaser shall record the date of purchase and the name,
  375  address, and personal identification card number of the person
  376  selling such items and shall obtain the following documentation
  377  from the seller with respect to each item purchased:
  378         (I) A valid certificate of title issued in the name of the
  379  seller or properly endorsed, as required in s. 319.22, over to
  380  the seller;
  381         (II) A valid salvage certificate of title issued in the
  382  name of the seller or properly endorsed, as required in s.
  383  319.22, over to the seller;
  384         (III) A valid certificate of destruction issued in the name
  385  of the seller or properly endorsed over to the seller; or
  386         (IV) A valid derelict motor vehicle certificate obtained
  387  from the department by a licensed salvage motor vehicle dealer
  388  and properly reassigned to the secondary metals recycler.
  389         b. If a valid certificate of title, salvage certificate of
  390  title, certificate of destruction, or derelict motor vehicle
  391  certificate is not available and the motor vehicle or mobile
  392  home is a derelict motor vehicle, a derelict motor vehicle
  393  certificate application shall be completed by the seller or
  394  owner of the motor vehicle or mobile home, the seller’s or
  395  owner’s authorized transporter, and the registered secondary
  396  metals recycler at the time of sale, transport, or delivery to
  397  the registered secondary metals recycler to obtain a derelict
  398  motor vehicle certificate from the department. The derelict
  399  motor vehicle certificate application must be accompanied by a
  400  legible copy of the seller’s or owner’s valid Florida driver’s
  401  license or Florida identification card, or a valid driver’s
  402  license or identification card from another state. If the seller
  403  is not the owner of record of the vehicle being sold, the
  404  recycler shall, at the time of sale, ensure that a smudge-free
  405  right thumbprint, or other digit if the seller has no right
  406  thumb, of the seller is imprinted upon the derelict motor
  407  vehicle certificate application and that the legible copy of the
  408  seller’s driver’s license or identification card is affixed to
  409  the application and transmitted to the department. The derelict
  410  motor vehicle certificate shall be used by the owner, the
  411  owner’s authorized transporter, and the registered secondary
  412  metals recycler. The registered secondary metals recycler shall
  413  secure the derelict motor vehicle for 3 full business days,
  414  excluding weekends and holidays, if there is no active lien or a
  415  lien of 3 years or more on the department’s records before
  416  destroying or dismantling the derelict motor vehicle and shall
  417  follow all reporting procedures established by the department,
  418  including electronic notification to the department or delivery
  419  of the original derelict motor vehicle certificate application
  420  to an agent of the department within 24 hours after receiving
  421  the derelict motor vehicle. If there is an active lien of less
  422  than 3 years on the derelict motor vehicle, the registered
  423  secondary metals recycler shall secure the derelict motor
  424  vehicle for 10 days. The department shall notify the lienholder
  425  of the application for a derelict motor vehicle certificate and
  426  shall notify the lienholder of its intention to remove the lien.
  427  Ten days after receipt of the motor vehicle derelict
  428  application, the department may remove the lien from its records
  429  if a written statement protesting removal of the lien is not
  430  received by the department from the lienholder within the 10-day
  431  period. However, if the lienholder files with the department and
  432  the registered secondary metals recycler within the 10-day
  433  period a written statement that the lien is still outstanding,
  434  the department shall not remove the lien and shall place an
  435  administrative hold on the record for 30 days to allow the
  436  lienholder to apply for title to the vehicle or a repossession
  437  certificate under s. 319.28. The registered secondary metals
  438  recycler must secure the derelict motor vehicle until the
  439  department’s administrative stop is removed, the lienholder
  440  submits a lien satisfaction, or the lienholder takes possession
  441  of the vehicle. The registered secondary metals recycler may
  442  require the lienholder to reimburse him or her only for the
  443  recycler’s purchase price of derelict vehicle and shall not
  444  include any towing cost, storage fees, administrative fees, or
  445  other costs.
  446         c. Any person who knowingly violates this subparagraph by
  447  selling, transporting, delivering, purchasing, or receiving a
  448  motor vehicle, recreational motor vehicle, mobile home, or
  449  derelict motor vehicle without obtaining a certificate of title,
  450  salvage certificate of title, certificate of destruction, or
  451  derelict motor vehicle certificate; enters false or fictitious
  452  information on a derelict motor vehicle certificate application;
  453  does not complete the derelict motor vehicle certificate
  454  application as required or does not make the required
  455  notification to the department; does not obtain a legible copy
  456  of the seller’s or owner’s driver’s license or identification
  457  card when required; or destroys or dismantles a derelict motor
  458  vehicle without waiting the required time as set forth in sub
  459  subparagraph b. commits a felony of the third degree, punishable
  460  as provided in s. 775.082, s. 775.083, or s. 775.084.
  461         5. Major parts from other than a secondary metals recycler
  462  for purposes of the processing of such major parts, the
  463  purchaser shall record the seller’s name, address, date of
  464  purchase, and the personal identification card number of the
  465  person delivering such items, as well as the vehicle
  466  identification number, if available, of each major part
  467  purchased.
  468         (b) Any person who violates this subsection commits a
  469  felony of the third degree, punishable as provided in s.
  470  775.082, s. 775.083, or s. 775.084.
  471         (8)(a) Secondary metals recyclers and salvage motor vehicle
  472  dealers shall return to the department on a monthly basis all
  473  certificates of title and salvage certificates of title that are
  474  required by this section to be obtained. Secondary metals
  475  recyclers and salvage motor vehicle dealers may elect to notify
  476  the department electronically through procedures established by
  477  the department when they receive each motor vehicle or mobile
  478  home, salvage motor vehicle or mobile home, or derelict motor
  479  vehicle with a certificate of title or salvage certificate of
  480  title through procedures established by the department. The
  481  department may adopt rules and establish fees as it deems
  482  necessary or proper for the administration of the electronic
  483  notification service.
  484         (b) Secondary metals recyclers and salvage motor vehicle
  485  dealers shall keep originals, or a copy in the event the
  486  original was returned to the department, of all certificates of
  487  title, salvage certificates of title, certificates of
  488  destruction, derelict motor vehicle certificates, proof of
  489  reporting to the National Motor Vehicle Title Information
  490  System, and all other information required by this section to be
  491  recorded or obtained, on file in the offices of such secondary
  492  metals recyclers or salvage motor vehicle dealers for a period
  493  of 3 years after the date of purchase of the items reflected in
  494  such certificates of title, salvage certificates of title,
  495  certificates of destruction, or derelict motor vehicle
  496  certificates. These records shall be maintained in chronological
  497  order.
  498         (c)Secondary metals recyclers and salvage motor vehicle
  499  dealers shall on a monthly basis make the required notifications
  500  on all junk, derelict motor vehicles, or salvage motor vehicles
  501  that were obtained in whole or part to the National Motor
  502  Vehicle Title Information System as required in 28 C.F.R. part
  503  25.
  504         (d)(c) For the purpose of enforcement of this section, the
  505  department or its agents and employees have the same right of
  506  inspection as law enforcement officers as provided in s.
  507  812.055.
  508         (e)(d) Whenever the department, its agent or employee, or
  509  any law enforcement officer has reason to believe that a stolen
  510  or fraudulently titled motor vehicle, mobile home, recreational
  511  vehicle, salvage motor vehicle, or derelict motor vehicle is in
  512  the possession of a salvage motor vehicle dealer or secondary
  513  metals recycler, the department, its agent or employee, or the
  514  law enforcement officer may issue an extended hold notice, not
  515  to exceed 5 additional business days, excluding weekends and
  516  holidays, to the salvage motor vehicle dealer or registered
  517  secondary metals recycler.
  518         (f)(e) Whenever a salvage motor vehicle dealer or
  519  registered secondary metals recycler is notified by the
  520  department, its agent or employee, or any law enforcement
  521  officer to hold a motor vehicle, mobile home, recreational
  522  vehicle, salvage motor vehicle, or derelict motor vehicle that
  523  is believed to be stolen or fraudulently titled, the salvage
  524  motor vehicle dealer or registered secondary metals recycler
  525  shall hold the motor vehicle, mobile home, recreational vehicle,
  526  salvage motor vehicle, or derelict motor vehicle and may not
  527  dismantle or destroy the motor vehicle, mobile home,
  528  recreational vehicle, salvage motor vehicle, or derelict motor
  529  vehicle until it is recovered by a law enforcement officer, the
  530  hold is released by the department or the law enforcement
  531  officer placing the hold, or the 5 additional business days have
  532  passed since being notified of the hold.
  533         (g)(f) This section does not authorize any person who is
  534  engaged in the business of recovering, towing, or storing
  535  vehicles pursuant to s. 713.78, and who is claiming a lien for
  536  performing labor or services on a motor vehicle or mobile home
  537  pursuant to s. 713.58, or is claiming that a motor vehicle or
  538  mobile home has remained on any premises after tenancy has
  539  terminated pursuant to s. 715.104, to use a derelict motor
  540  vehicle certificate application for the purpose of transporting,
  541  selling, disposing of, or delivering a motor vehicle to a
  542  salvage motor vehicle dealer or secondary metals recycler
  543  without obtaining the title or certificate of destruction
  544  required under s. 713.58, s. 713.78, or s. 715.104.
  545         (h)(g) The department shall accept all properly endorsed
  546  and completed derelict motor vehicle certificate applications
  547  and shall issue a derelict motor vehicle certificate having an
  548  effective date that authorizes when a derelict motor vehicle is
  549  eligible for dismantling or destruction. The electronic
  550  information obtained from the derelict motor vehicle certificate
  551  application shall be stored electronically and shall be made
  552  available to authorized persons after issuance of the derelict
  553  motor vehicle certificate in the Florida Real Time Vehicle
  554  Information System.
  555         (i)(h) The department is authorized to adopt rules pursuant
  556  to ss. 120.536(1) and 120.54 establishing policies and
  557  procedures to administer and enforce this section.
  558         (j)(i) The department shall charge a fee of $3 for each
  559  derelict motor vehicle certificate delivered to the department
  560  or one of its agents for processing and shall mark the title
  561  record canceled. A service charge may be collected under s.
  562  320.04.
  563         (k)(j) The licensed salvage motor vehicle dealer or
  564  registered secondary metals recycler shall make all payments for
  565  the purchase of any derelict motor vehicle that is sold by a
  566  seller who is not the owner of record on file with the
  567  department by check or money order made payable to the seller
  568  and may not make payment to the authorized transporter. The
  569  licensed salvage motor vehicle dealer or registered secondary
  570  metals recycler may not cash the check that such dealer or
  571  recycler issued to the seller.
  572         (9)(a) An insurance company may notify an independent
  573  entity that obtains possession of a damaged or dismantled motor
  574  vehicle to release the vehicle to the owner. The insurance
  575  company shall provide the independent entity a release statement
  576  on a form prescribed by the department authorizing the
  577  independent entity to release the vehicle to the owner. The form
  578  shall, at a minimum, contain the following:
  579         1. The policy and claim number.
  580         2. The name and address of the insured.
  581         3. The vehicle identification number.
  582         4. The signature of an authorized representative of the
  583  insurance company.
  584         (b) The independent entity in possession of a motor vehicle
  585  must send a notice to the owner that the vehicle is available
  586  for pick up when it receives a release statement from the
  587  insurance company. The notice shall be sent by certified mail to
  588  the owner at the owner’s address reflected in the department’s
  589  records. The notice must inform the owner that the owner has 30
  590  days after receipt of the notice to pick up the vehicle from the
  591  independent entity. If the motor vehicle is not claimed within
  592  30 days after the owner receives the notice, the independent
  593  entity may apply for a certificate of destruction or a
  594  certificate of title.
  595         (c)The independent entity shall make the required
  596  notification to the National Motor Vehicle Title Information
  597  System before releasing any damaged or dismantled motor vehicle
  598  to the owner or before applying for a certificate of destruction
  599  or salvage certificate of title.
  600         (d)(c) Upon applying for a certificate of destruction or
  601  salvage certificate of title, the independent entity shall
  602  provide a copy of the release statement from the insurance
  603  company to the independent entity, proof of providing the 30-day
  604  notice to the owner, proof of notification to the National Motor
  605  Vehicle Title Information System, and applicable fees.
  606         (e)(d) The independent entity may not charge an owner of
  607  the vehicle storage fees or apply for a title under s. 713.585
  608  or s. 713.78.
  609         (11)All salvage motor vehicle dealers, secondary metals
  610  recyclers, auctions, independent entities, or self-insured
  611  entities that deal in salvage motor vehicles must be registered
  612  with the National Motor Vehicle Title Information System and
  613  shall be required to provide their registration number before
  614  being licensed by the department or before processing any
  615  certificate of title, salvage certificate of title, certificate
  616  of destruction, or derelict certificate by the department.
  617         (12)(11) Except as otherwise provided in this section, any
  618  person who violates this section commits a felony of the third
  619  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  620  775.084.
  621         Section 67. Subsections (1), (2), (3), (4), (9), and (13)
  622  of section 713.585, Florida Statutes, are amended to read:
  623         713.585 Enforcement of lien by sale of motor vehicle.—A
  624  person claiming a lien under s. 713.58 for performing labor or
  625  services on a motor vehicle may enforce such lien by sale of the
  626  vehicle in accordance with the following procedures:
  627         (1) The lienor must give notice, by certified mail, return
  628  receipt requested, within 15 business days, excluding Saturday
  629  and Sunday, from the beginning date of the assessment of storage
  630  charges on said motor vehicle, to the registered owner of the
  631  vehicle, to the customer as indicated on the order for repair,
  632  and to all other persons claiming an interest in or lien
  633  thereon, as disclosed by the records of the Department of
  634  Highway Safety and Motor Vehicles or as disclosed by the records
  635  of any of a corresponding agency of any other state in which the
  636  vehicle is identified through a records check of the National
  637  Motor Vehicle Title Information System as being the current
  638  state where the vehicle is titled appears registered. Such
  639  notice must contain:
  640         (a) A description of the vehicle (year, make, vehicle
  641  identification number) and its location.
  642         (b) The name and address of the owner of the vehicle, the
  643  customer as indicated on the order for repair, and any person
  644  claiming an interest in or lien thereon.
  645         (c) The name, address, and telephone number of the lienor.
  646         (d) Notice that the lienor claims a lien on the vehicle for
  647  labor and services performed and storage charges, if any, and
  648  the cash sum which, if paid to the lienor, would be sufficient
  649  to redeem the vehicle from the lien claimed by the lienor.
  650         (e) Notice that the lien claimed by the lienor is subject
  651  to enforcement pursuant to this section and that the vehicle may
  652  be sold to satisfy the lien.
  653         (f) If known, the date, time, and location of any proposed
  654  or scheduled sale of the vehicle. No vehicle may be sold earlier
  655  than 60 days after completion of the repair work.
  656         (g) Notice that the owner of the vehicle or any person
  657  claiming an interest in or lien thereon has a right to a hearing
  658  at any time prior to the scheduled date of sale by filing a
  659  demand for hearing with the clerk of the circuit court in the
  660  county in which the vehicle is held and mailing copies of the
  661  demand for hearing to all other owners and lienors as reflected
  662  on the notice.
  663         (h) Notice that the owner of the vehicle has a right to
  664  recover possession of the vehicle without instituting judicial
  665  proceedings by posting bond in accordance with the provisions of
  666  s. 559.917.
  667         (i) Notice that any proceeds from the sale of the vehicle
  668  remaining after payment of the amount claimed to be due and
  669  owing to the lienor will be deposited with the clerk of the
  670  circuit court for disposition upon court order pursuant to
  671  subsection (8).
  672         (2) If attempts to locate the owner or lienholder are
  673  unsuccessful after a check of the records of the Department of
  674  Highway Safety and Motor Vehicles and any state disclosed by the
  675  check of the National Motor Vehicle Title Information System,
  676  the lienor must notify the local law enforcement agency in
  677  writing by certified mail or acknowledged hand delivery that the
  678  lienor has been unable to locate the owner or lienholder, that a
  679  physical search of the vehicle has disclosed no ownership
  680  information, and that a good faith effort, including records
  681  checks of the Department of Highway Safety and Motor Vehicles
  682  database and the National Motor Vehicle Title Information
  683  System, has been made. A description of the motor vehicle which
  684  includes the year, make, and identification number must be given
  685  on the notice. This notification must take place within 15
  686  business days, excluding Saturday and Sunday, from the beginning
  687  date of the assessment of storage charges on said motor vehicle.
  688  For purposes of this paragraph, the term “good faith effort”
  689  means that the following checks have been performed by the
  690  company to establish the prior state of registration and title:
  691         (a) A check of the Department of Highway Safety and Motor
  692  Vehicles database for the owner and any lienholder.
  693         (b) A check of the federally mandated electronic National
  694  Motor Vehicle Title Information System to determine the state of
  695  registration when there is not a current title or registration
  696  record for the vehicle on file with the Department of Highway
  697  Safety and Motor Vehicles.
  698         (c)(a) A check of vehicle for any type of tag, tag record,
  699  temporary tag, or regular tag;
  700         (d)(b) A check of vehicle for inspection sticker or other
  701  stickers and decals that could indicate the state of possible
  702  registration; and
  703         (e)(c) A check of the interior of the vehicle for any
  704  papers that could be in the glove box, trunk, or other areas for
  705  the state of registration.
  706         (3) If the date of the sale was not included in the notice
  707  required in subsection (1), notice of the sale must be sent by
  708  certified mail, return receipt requested, not less than 15 days
  709  before the date of sale, to the customer as indicated on the
  710  order for repair, and to all other persons claiming an interest
  711  in or lien on the motor vehicle, as disclosed by the records of
  712  the Department of Highway Safety and Motor Vehicles or of a
  713  corresponding agency of any other state in which the vehicle
  714  appears to have been registered after completion of a check of
  715  the National Motor Vehicle Title Information System. After
  716  diligent search and inquiry, if the name and address of the
  717  registered owner or the owner of the recorded lien cannot be
  718  ascertained, the requirements for this notice may be
  719  disregarded.
  720         (4) The lienor, at least 15 days before the proposed or
  721  scheduled date of sale of the vehicle, shall publish the notice
  722  required by this section once in a newspaper circulated in the
  723  county where the vehicle is held. A certificate of compliance
  724  with the notification provisions of this section, verified by
  725  the lienor, together with a copy of the notice and return
  726  receipt for mailing of the notice required by this section, and
  727  proof of publication, and checks of the Department of Highway
  728  Safety and Motor Vehicles and the National Motor Vehicle Title
  729  Information System, must be duly and expeditiously filed with
  730  the clerk of the circuit court in the county where the vehicle
  731  is held. The lienor, at the time of filing the certificate of
  732  compliance, must pay to the clerk of that court a service charge
  733  of $10 for indexing and recording the certificate.
  734         (9) A copy of the certificate of compliance and the report
  735  of sale, certified by the clerk of the court, and proof of the
  736  required check of the National Motor Vehicle Title Information
  737  System shall constitute satisfactory proof for application to
  738  the Department of Highway Safety and Motor Vehicles for transfer
  739  of title, together with any other proof required by any rules
  740  and regulations of the department.
  741         (13) A failure to make good faith efforts as defined in
  742  subsection (2) precludes the imposition of any storage charges
  743  against the vehicle. If a lienor fails to provide notice to any
  744  person claiming a lien on a vehicle under subsection (1) within
  745  15 business days after the assessment of storage charges have
  746  begun, then the lienor is precluded from charging for more than
  747  15 days of storage, but failure to provide timely notice does
  748  not affect charges made for repairs, adjustments, or
  749  modifications to the vehicle or the priority of liens on the
  750  vehicle.
  751         Section 68. Section 713.78, Florida Statutes, is amended to
  752  read:
  753         713.78 Liens for recovering, towing, or storing vehicles
  754  and vessels.—
  755         (1) For the purposes of this section, the term:
  756         (a) “Vehicle” means any mobile item, whether motorized or
  757  not, which is mounted on wheels.
  758         (b) “Vessel” means every description of watercraft, barge,
  759  and airboat used or capable of being used as a means of
  760  transportation on water, other than a seaplane or a “documented
  761  vessel” as defined in s. 327.02(9).
  762         (c) “Wrecker” means any truck or other vehicle which is
  763  used to tow, carry, or otherwise transport motor vehicles or
  764  vessels upon the streets and highways of this state and which is
  765  equipped for that purpose with a boom, winch, car carrier, or
  766  other similar equipment.
  767         (d) “National Motor Vehicle Title Information System” means
  768  the federally authorized electronic National Motor Vehicle Title
  769  Information System.
  770         (2) Whenever a person regularly engaged in the business of
  771  transporting vehicles or vessels by wrecker, tow truck, or car
  772  carrier recovers, removes, or stores a vehicle or vessel upon
  773  instructions from:
  774         (a) The owner thereof;
  775         (b) The owner or lessor, or a person authorized by the
  776  owner or lessor, of property on which such vehicle or vessel is
  777  wrongfully parked, and the removal is done in compliance with s.
  778  715.07; or
  779         (c) The landlord or a person authorized by the landlord,
  780  when such motor vehicle or vessel remained on the premises after
  781  the tenancy terminated and the removal is done in compliance
  782  with s. 715.104; or
  783         (d)(c) Any law enforcement agency,
  784  
  785  she or he shall have a lien on the vehicle or vessel for a
  786  reasonable towing fee and for a reasonable storage fee; except
  787  that no storage fee shall be charged if the vehicle is stored
  788  for less than 6 hours.
  789         (3) This section does not authorize any person to claim a
  790  lien on a vehicle for fees or charges connected with the
  791  immobilization of such vehicle using a vehicle boot or other
  792  similar device pursuant to s. 715.07.
  793         (4)(a) Any person regularly engaged in the business of
  794  recovering, towing, or storing vehicles or vessels who comes
  795  into possession of a vehicle or vessel pursuant to subsection
  796  (2), and who claims a lien for recovery, towing, or storage
  797  services, shall give notice to the registered owner, the
  798  insurance company insuring the vehicle notwithstanding the
  799  provisions of s. 627.736, and to all persons claiming a lien
  800  thereon, as disclosed by the records in the Department of
  801  Highway Safety and Motor Vehicles or as disclosed by the records
  802  of any of a corresponding agency in any other state in which the
  803  vehicle is identified through a records check of the National
  804  Motor Vehicle Title Information System as being titled or
  805  registered.
  806         (b) Whenever any law enforcement agency authorizes the
  807  removal of a vehicle or vessel or whenever any towing service,
  808  garage, repair shop, or automotive service, storage, or parking
  809  place notifies the law enforcement agency of possession of a
  810  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
  811  enforcement agency of the jurisdiction where the vehicle or
  812  vessel is stored shall contact the Department of Highway Safety
  813  and Motor Vehicles, or the appropriate agency of the state of
  814  registration, if known, within 24 hours through the medium of
  815  electronic communications, giving the full description of the
  816  vehicle or vessel. Upon receipt of the full description of the
  817  vehicle or vessel, the department shall search its files to
  818  determine the owner’s name, the insurance company insuring the
  819  vehicle or vessel, and whether any person has filed a lien upon
  820  the vehicle or vessel as provided in s. 319.27(2) and (3) and
  821  notify the applicable law enforcement agency within 72 hours.
  822  The person in charge of the towing service, garage, repair shop,
  823  or automotive service, storage, or parking place shall obtain
  824  such information from the applicable law enforcement agency
  825  within 5 days after the date of storage and shall give notice
  826  pursuant to paragraph (a). The department may release the
  827  insurance company information to the requestor notwithstanding
  828  the provisions of s. 627.736.
  829         (c) Notice by certified mail shall be sent within 7
  830  business days after the date of storage of the vehicle or vessel
  831  to the registered owner, the insurance company insuring the
  832  vehicle notwithstanding the provisions of s. 627.736, and all
  833  persons of record claiming a lien against the vehicle or vessel.
  834  It shall state the fact of possession of the vehicle or vessel,
  835  that a lien as provided in subsection (2) is claimed, that
  836  charges have accrued and the amount thereof, that the lien is
  837  subject to enforcement pursuant to law, and that the owner or
  838  lienholder, if any, has the right to a hearing as set forth in
  839  subsection (5), and that any vehicle or vessel which remains
  840  unclaimed, or for which the charges for recovery, towing, or
  841  storage services remain unpaid, may be sold free of all prior
  842  liens after 35 days if the vehicle or vessel is more than 3
  843  years of age or after 50 days if the vehicle or vessel is 3
  844  years of age or less.
  845         (d) If attempts to locate the name and address of the owner
  846  or lienholder prove unsuccessful, the towing-storage operator
  847  shall, after 7 working days, excluding Saturday and Sunday, of
  848  the initial tow or storage, notify the public agency of
  849  jurisdiction where the vehicle or vessel is stored in writing by
  850  certified mail or acknowledged hand delivery that the towing
  851  storage company has been unable to locate the name and address
  852  of the owner or lienholder and a physical search of the vehicle
  853  or vessel has disclosed no ownership information and a good
  854  faith effort has been made, including records checks of the
  855  Department of Highway Safety and Motor Vehicles and the National
  856  Motor Vehicle Title Information System databases. For purposes
  857  of this paragraph and subsection (9), “good faith effort” means
  858  that the following checks have been performed by the company to
  859  establish prior state of registration and for title:
  860         1. Check of the Department of Highway Safety and Motor
  861  Vehicles database for the owner and any lienholder.
  862         2. Check of the electronic National Motor Vehicle Title
  863  Information System to determine the state of registration when
  864  there is not a current registration record for the vehicle on
  865  file with the Department of Highway Safety and Motor Vehicles.
  866         3.1. Check of vehicle or vessel for any type of tag, tag
  867  record, temporary tag, or regular tag.
  868         4.2. Check of law enforcement report for tag number or
  869  other information identifying the vehicle or vessel, if the
  870  vehicle or vessel was towed at the request of a law enforcement
  871  officer.
  872         5.3. Check of trip sheet or tow ticket of tow truck
  873  operator to see if a tag was on vehicle or vessel at beginning
  874  of tow, if private tow.
  875         6.4. If there is no address of the owner on the impound
  876  report, check of law enforcement report to see if an out-of
  877  state address is indicated from driver license information.
  878         7.5. Check of vehicle or vessel for inspection sticker or
  879  other stickers and decals that may indicate a state of possible
  880  registration.
  881         8.6. Check of the interior of the vehicle or vessel for any
  882  papers that may be in the glove box, trunk, or other areas for a
  883  state of registration.
  884         9.7. Check of vehicle for vehicle identification number.
  885         10.8. Check of vessel for vessel registration number.
  886         11.9. Check of vessel hull for a hull identification number
  887  which should be carved, burned, stamped, embossed, or otherwise
  888  permanently affixed to the outboard side of the transom or, if
  889  there is no transom, to the outmost seaboard side at the end of
  890  the hull that bears the rudder or other steering mechanism.
  891         (5)(a) The owner of a vehicle or vessel removed pursuant to
  892  the provisions of subsection (2), or any person claiming a lien,
  893  other than the towing-storage operator, within 10 days after the
  894  time she or he has knowledge of the location of the vehicle or
  895  vessel, may file a complaint in the county court of the county
  896  in which the vehicle or vessel is stored to determine if her or
  897  his property was wrongfully taken or withheld from her or him.
  898         (b) Upon filing of a complaint, an owner or lienholder may
  899  have her or his vehicle or vessel released upon posting with the
  900  court a cash or surety bond or other adequate security equal to
  901  the amount of the charges for towing or storage and lot rental
  902  amount to ensure the payment of such charges in the event she or
  903  he does not prevail. Upon the posting of the bond and the
  904  payment of the applicable fee set forth in s. 28.24, the clerk
  905  of the court shall issue a certificate notifying the lienor of
  906  the posting of the bond and directing the lienor to release the
  907  vehicle or vessel. At the time of such release, after reasonable
  908  inspection, she or he shall give a receipt to the towing-storage
  909  company reciting any claims she or he has for loss or damage to
  910  the vehicle or vessel or the contents thereof.
  911         (c) Upon determining the respective rights of the parties,
  912  the court may award damages, attorney’s fees, and costs in favor
  913  of the prevailing party. In any event, the final order shall
  914  provide for immediate payment in full of recovery, towing, and
  915  storage fees by the vehicle or vessel owner or lienholder; or
  916  the agency ordering the tow; or the owner, lessee, or agent
  917  thereof of the property from which the vehicle or vessel was
  918  removed.
  919         (6) Any vehicle or vessel which is stored pursuant to
  920  subsection (2) and which remains unclaimed, or for which
  921  reasonable charges for recovery, towing, or storing remain
  922  unpaid, and any contents not released pursuant to subsection
  923  (10), may be sold by the owner or operator of the storage space
  924  for such towing or storage charge after 35 days from the time
  925  the vehicle or vessel is stored therein if the vehicle or vessel
  926  is more than 3 years of age or after 50 days following the time
  927  the vehicle or vessel is stored therein if the vehicle or vessel
  928  is 3 years of age or less. The sale shall be at public sale for
  929  cash. If the date of the sale was not included in the notice
  930  required in subsection (4), notice of the sale shall be given to
  931  the person in whose name the vehicle or vessel is registered and
  932  to all persons claiming a lien on the vehicle or vessel as shown
  933  on the records of the Department of Highway Safety and Motor
  934  Vehicles or of any the corresponding agency in any other state
  935  in which the vehicle is identified through a records check of
  936  the National Motor Vehicle Title Information System as being
  937  titled. Notice shall be sent by certified mail to the owner of
  938  the vehicle or vessel and the person having the recorded lien on
  939  the vehicle or vessel at the address shown on the records of the
  940  registering agency and shall be mailed not less than 15 days
  941  before the date of the sale. After diligent search and inquiry,
  942  if the name and address of the registered owner or the owner of
  943  the recorded lien cannot be ascertained, the requirements of
  944  notice by mail may be dispensed with. In addition to the notice
  945  by mail, public notice of the time and place of sale shall be
  946  made by publishing a notice thereof one time, at least 10 days
  947  prior to the date of the sale, in a newspaper of general
  948  circulation in the county in which the sale is to be held. The
  949  proceeds of the sale, after payment of reasonable towing and
  950  storage charges, and costs of the sale, in that order of
  951  priority, shall be deposited with the clerk of the circuit court
  952  for the county if the owner or lienholder is absent, and the
  953  clerk shall hold such proceeds subject to the claim of the owner
  954  or lienholder legally entitled thereto. The clerk shall be
  955  entitled to receive 5 percent of such proceeds for the care and
  956  disbursement thereof. The certificate of title issued under this
  957  law shall be discharged of all liens unless otherwise provided
  958  by court order. The owner or lienholder may file a complaint
  959  after the vehicle or vessel has been sold in the county court of
  960  the county in which it is stored. Upon determining the
  961  respective rights of the parties, the court may award damages,
  962  attorney’s fees, and costs in favor of the prevailing party.
  963         (7)(a) A wrecker operator recovering, towing, or storing
  964  vehicles or vessels is not liable for damages connected with
  965  such services, theft of such vehicles or vessels, or theft of
  966  personal property contained in such vehicles or vessels,
  967  provided that such services have been performed with reasonable
  968  care and provided, further, that, in the case of removal of a
  969  vehicle or vessel upon the request of a person purporting, and
  970  reasonably appearing, to be the owner or lessee, or a person
  971  authorized by the owner or lessee, of the property from which
  972  such vehicle or vessel is removed, such removal has been done in
  973  compliance with s. 715.07. Further, a wrecker operator is not
  974  liable for damage to a vehicle, vessel, or cargo that obstructs
  975  the normal movement of traffic or creates a hazard to traffic
  976  and is removed in compliance with the request of a law
  977  enforcement officer.
  978         (b) For the purposes of this subsection, a wrecker operator
  979  is presumed to use reasonable care to prevent the theft of a
  980  vehicle or vessel or of any personal property contained in such
  981  vehicle stored in the wrecker operator’s storage facility if all
  982  of the following apply:
  983         1. The wrecker operator surrounds the storage facility with
  984  a chain-link or solid-wall type fence at least 6 feet in height;
  985         2. The wrecker operator has illuminated the storage
  986  facility with lighting of sufficient intensity to reveal persons
  987  and vehicles at a distance of at least 150 feet during
  988  nighttime; and
  989         3. The wrecker operator uses one or more of the following
  990  security methods to discourage theft of vehicles or vessels or
  991  of any personal property contained in such vehicles or vessels
  992  stored in the wrecker operator’s storage facility:
  993         a. A night dispatcher or watchman remains on duty at the
  994  storage facility from sunset to sunrise;
  995         b. A security dog remains at the storage facility from
  996  sunset to sunrise;
  997         c. Security cameras or other similar surveillance devices
  998  monitor the storage facility; or
  999         d. A security guard service examines the storage facility
 1000  at least once each hour from sunset to sunrise.
 1001         (c) Any law enforcement agency requesting that a motor
 1002  vehicle be removed from an accident scene, street, or highway
 1003  must conduct an inventory and prepare a written record of all
 1004  personal property found in the vehicle before the vehicle is
 1005  removed by a wrecker operator. However, if the owner or driver
 1006  of the motor vehicle is present and accompanies the vehicle, no
 1007  inventory by law enforcement is required. A wrecker operator is
 1008  not liable for the loss of personal property alleged to be
 1009  contained in such a vehicle when such personal property was not
 1010  identified on the inventory record prepared by the law
 1011  enforcement agency requesting the removal of the vehicle.
 1012         (8) A person regularly engaged in the business of
 1013  recovering, towing, or storing vehicles or vessels, except a
 1014  person licensed under chapter 493 while engaged in
 1015  “repossession” activities as defined in s. 493.6101, may not
 1016  operate a wrecker, tow truck, or car carrier unless the name,
 1017  address, and telephone number of the company performing the
 1018  service is clearly printed in contrasting colors on the driver
 1019  and passenger sides of its vehicle. The name must be in at least
 1020  3-inch permanently affixed letters, and the address and
 1021  telephone number must be in at least 1-inch permanently affixed
 1022  letters.
 1023         (9) Failure to make good faith best efforts to comply with
 1024  the notice requirements of this section shall preclude the
 1025  imposition of any storage charges against such vehicle or
 1026  vessel.
 1027         (10) Persons who provide services pursuant to this section
 1028  shall permit vehicle or vessel owners, lienholders, insurance
 1029  company representatives, or their agents, which agency is
 1030  evidenced by an original writing acknowledged by the owner
 1031  before a notary public or other person empowered by law to
 1032  administer oaths, to inspect the towed vehicle or vessel and
 1033  shall release to the owner, lienholder, or agent the vehicle,
 1034  vessel, or all personal property not affixed to the vehicle or
 1035  vessel which was in the vehicle or vessel at the time the
 1036  vehicle or vessel came into the custody of the person providing
 1037  such services.
 1038         (11)(a) Any person regularly engaged in the business of
 1039  recovering, towing, or storing vehicles or vessels who comes
 1040  into possession of a vehicle or vessel pursuant to subsection
 1041  (2) and who has complied with the provisions of subsections (3)
 1042  and (6), when such vehicle or vessel is to be sold for purposes
 1043  of being dismantled, destroyed, or changed in such manner that
 1044  it is not the motor vehicle or vessel described in the
 1045  certificate of title, shall report the vehicle to the National
 1046  Motor Vehicle Title Information System and apply to the
 1047  Department of Highway Safety and Motor Vehicles county tax
 1048  collector for a certificate of destruction. A certificate of
 1049  destruction, which authorizes the dismantling or destruction of
 1050  the vehicle or vessel described therein, shall be reassignable a
 1051  maximum of two times before dismantling or destruction of the
 1052  vehicle shall be required, and shall accompany the vehicle or
 1053  vessel for which it is issued, when such vehicle or vessel is
 1054  sold for such purposes, in lieu of a certificate of title. The
 1055  application for a certificate of destruction must include proof
 1056  of reporting to the National Motor Vehicle Title Information
 1057  System and an affidavit from the applicant that it has complied
 1058  with all applicable requirements of this section and, if the
 1059  vehicle or vessel is not registered in this state or any other
 1060  state, by a statement from a law enforcement officer that the
 1061  vehicle or vessel is not reported stolen, and shall be
 1062  accompanied by such documentation as may be required by the
 1063  department.
 1064         (b) The Department of Highway Safety and Motor Vehicles
 1065  shall charge a fee of $3 for each certificate of destruction. A
 1066  service charge of $4.25 shall be collected and retained by the
 1067  tax collector who processes the application.
 1068         (c) The Department of Highway Safety and Motor Vehicles may
 1069  adopt such rules as it deems necessary or proper for the
 1070  administration of this subsection.
 1071         (12)(a) Any person who violates any provision of subsection
 1072  (1), subsection (2), subsection (4), subsection (5), subsection
 1073  (6), or subsection (7) is guilty of a misdemeanor of the first
 1074  degree, punishable as provided in s. 775.082 or s. 775.083.
 1075         (b) Any person who violates the provisions of subsections
 1076  (8) through (11) is guilty of a felony of the third degree,
 1077  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1078         (c) Any person who uses a false or fictitious name, gives a
 1079  false or fictitious address, or makes any false statement in any
 1080  application or affidavit required under the provisions of this
 1081  section is guilty of a felony of the third degree, punishable as
 1082  provided in s. 775.082, s. 775.083, or s. 775.084.
 1083         (d) Employees of the Department of Highway Safety and Motor
 1084  Vehicles and law enforcement officers are authorized to inspect
 1085  the records of any person regularly engaged in the business of
 1086  recovering, towing, or storing vehicles or vessels or
 1087  transporting vehicles or vessels by wrecker, tow truck, or car
 1088  carrier, to ensure compliance with the requirements of this
 1089  section. Any person who fails to maintain records, or fails to
 1090  produce records when required in a reasonable manner and at a
 1091  reasonable time, commits a misdemeanor of the first degree,
 1092  punishable as provided in s. 775.082 or s. 775.083.
 1093         (13)(a) Upon receipt by the Department of Highway Safety
 1094  and Motor Vehicles of written notice from a wrecker operator who
 1095  claims a wrecker operator’s lien under paragraph (2)(c) or
 1096  paragraph (2)(d) for recovery, towing, or storage of an
 1097  abandoned vehicle or vessel upon instructions from any law
 1098  enforcement agency, for which a certificate of destruction has
 1099  been issued under subsection (11) and the vehicle has been
 1100  reported to the National Motor Vehicle Title Information System,
 1101  the department shall place the name of the registered owner of
 1102  that vehicle or vessel on the list of those persons who may not
 1103  be issued a license plate or revalidation sticker for any motor
 1104  vehicle under s. 320.03(8). If the vehicle or vessel is owned
 1105  jointly by more than one person, the name of each registered
 1106  owner shall be placed on the list. The notice of wrecker
 1107  operator’s lien shall be submitted on forms provided by the
 1108  department, which must include:
 1109         1. The name, address, and telephone number of the wrecker
 1110  operator.
 1111         2. The name of the registered owner of the vehicle or
 1112  vessel and the address to which the wrecker operator provided
 1113  notice of the lien to the registered owner under subsection (4).
 1114         3. A general description of the vehicle or vessel,
 1115  including its color, make, model, body style, and year.
 1116         4. The vehicle identification number (VIN); registration
 1117  license plate number, state, and year; validation decal number,
 1118  state, and year; vessel registration number; hull identification
 1119  number; or other identification number, as applicable.
 1120         5. The name of the person or the corresponding law
 1121  enforcement agency that requested that the vehicle or vessel be
 1122  recovered, towed, or stored.
 1123         6. The amount of the wrecker operator’s lien, not to exceed
 1124  the amount allowed by paragraph (b).
 1125         (b) For purposes of this subsection only, the amount of the
 1126  wrecker operator’s lien for which the department will prevent
 1127  issuance of a license plate or revalidation sticker may not
 1128  exceed the amount of the charges for recovery, towing, and
 1129  storage of the vehicle or vessel for 7 days. These charges may
 1130  not exceed the maximum rates imposed by the ordinances of the
 1131  respective county or municipality under ss. 125.0103(1)(c) and
 1132  166.043(1)(c). This paragraph does not limit the amount of a
 1133  wrecker operator’s lien claimed under subsection (2) or prevent
 1134  a wrecker operator from seeking civil remedies for enforcement
 1135  of the entire amount of the lien, but limits only that portion
 1136  of the lien for which the department will prevent issuance of a
 1137  license plate or revalidation sticker.
 1138         (c)1. The registered owner of a vehicle or vessel may
 1139  dispute a wrecker operator’s lien, by notifying the department
 1140  of the dispute in writing on forms provided by the department,
 1141  if at least one of the following applies:
 1142         a. The registered owner presents a notarized bill of sale
 1143  proving that the vehicle or vessel was sold in a private or
 1144  casual sale before the vehicle or vessel was recovered, towed,
 1145  or stored.
 1146         b. The registered owner presents proof that the Florida
 1147  certificate of title of the vehicle or vessel was sold to a
 1148  licensed dealer as defined in s. 319.001 before the vehicle or
 1149  vessel was recovered, towed, or stored.
 1150         c. The records of the department were marked “sold” prior
 1151  to the date of the tow.
 1152  
 1153  If the registered owner’s dispute of a wrecker operator’s lien
 1154  complies with one of these criteria, the department shall
 1155  immediately remove the registered owner’s name from the list of
 1156  those persons who may not be issued a license plate or
 1157  revalidation sticker for any motor vehicle under s. 320.03(8),
 1158  thereby allowing issuance of a license plate or revalidation
 1159  sticker. If the vehicle or vessel is owned jointly by more than
 1160  one person, each registered owner must dispute the wrecker
 1161  operator’s lien in order to be removed from the list. However,
 1162  the department shall deny any dispute and maintain the
 1163  registered owner’s name on the list of those persons who may not
 1164  be issued a license plate or revalidation sticker for any motor
 1165  vehicle under s. 320.03(8) if the wrecker operator has provided
 1166  the department with a certified copy of the judgment of a court
 1167  which orders the registered owner to pay the wrecker operator’s
 1168  lien claimed under this section. In such a case, the amount of
 1169  the wrecker operator’s lien allowed by paragraph (b) may be
 1170  increased to include no more than $500 of the reasonable costs
 1171  and attorney’s fees incurred in obtaining the judgment. The
 1172  department’s action under this subparagraph is ministerial in
 1173  nature, shall not be considered final agency action, and is
 1174  appealable only to the county court for the county in which the
 1175  vehicle or vessel was ordered removed.
 1176         2. A person against whom a wrecker operator’s lien has been
 1177  imposed may alternatively obtain a discharge of the lien by
 1178  filing a complaint, challenging the validity of the lien or the
 1179  amount thereof, in the county court of the county in which the
 1180  vehicle or vessel was ordered removed. Upon filing of the
 1181  complaint, the person may have her or his name removed from the
 1182  list of those persons who may not be issued a license plate or
 1183  revalidation sticker for any motor vehicle under s. 320.03(8),
 1184  thereby allowing issuance of a license plate or revalidation
 1185  sticker, upon posting with the court a cash or surety bond or
 1186  other adequate security equal to the amount of the wrecker
 1187  operator’s lien to ensure the payment of such lien in the event
 1188  she or he does not prevail. Upon the posting of the bond and the
 1189  payment of the applicable fee set forth in s. 28.24, the clerk
 1190  of the court shall issue a certificate notifying the department
 1191  of the posting of the bond and directing the department to
 1192  release the wrecker operator’s lien. Upon determining the
 1193  respective rights of the parties, the court may award damages
 1194  and costs in favor of the prevailing party.
 1195         3. If a person against whom a wrecker operator’s lien has
 1196  been imposed does not object to the lien, but cannot discharge
 1197  the lien by payment because the wrecker operator has moved or
 1198  gone out of business, the person may have her or his name
 1199  removed from the list of those persons who may not be issued a
 1200  license plate or revalidation sticker for any motor vehicle
 1201  under s. 320.03(8), thereby allowing issuance of a license plate
 1202  or revalidation sticker, upon posting with the clerk of court in
 1203  the county in which the vehicle or vessel was ordered removed, a
 1204  cash or surety bond or other adequate security equal to the
 1205  amount of the wrecker operator’s lien. Upon the posting of the
 1206  bond and the payment of the application fee set forth in s.
 1207  28.24, the clerk of the court shall issue a certificate
 1208  notifying the department of the posting of the bond and
 1209  directing the department to release the wrecker operator’s lien.
 1210  The department shall mail to the wrecker operator, at the
 1211  address upon the lien form, notice that the wrecker operator
 1212  must claim the security within 60 days, or the security will be
 1213  released back to the person who posted it. At the conclusion of
 1214  the 60 days, the department shall direct the clerk as to which
 1215  party is entitled to payment of the security, less applicable
 1216  clerk’s fees.
 1217         4. A wrecker operator’s lien expires 5 years after filing.
 1218         (d) Upon discharge of the amount of the wrecker operator’s
 1219  lien allowed by paragraph (b), the wrecker operator must issue a
 1220  certificate of discharged wrecker operator’s lien on forms
 1221  provided by the department to each registered owner of the
 1222  vehicle or vessel attesting that the amount of the wrecker
 1223  operator’s lien allowed by paragraph (b) has been discharged.
 1224  Upon presentation of the certificate of discharged wrecker
 1225  operator’s lien by the registered owner, the department shall
 1226  immediately remove the registered owner’s name from the list of
 1227  those persons who may not be issued a license plate or
 1228  revalidation sticker for any motor vehicle under s. 320.03(8),
 1229  thereby allowing issuance of a license plate or revalidation
 1230  sticker. Issuance of a certificate of discharged wrecker
 1231  operator’s lien under this paragraph does not discharge the
 1232  entire amount of the wrecker operator’s lien claimed under
 1233  subsection (2), but only certifies to the department that the
 1234  amount of the wrecker operator’s lien allowed by paragraph (b),
 1235  for which the department will prevent issuance of a license
 1236  plate or revalidation sticker, has been discharged.
 1237         (e) When a wrecker operator files a notice of wrecker
 1238  operator’s lien under this subsection, the department shall
 1239  charge the wrecker operator a fee of $2, which shall be
 1240  deposited into the General Revenue Fund. A service charge of
 1241  $2.50 shall be collected and retained by the tax collector who
 1242  processes a notice of wrecker operator’s lien.
 1243         (f) This subsection applies only to the annual renewal in
 1244  the registered owner’s birth month of a motor vehicle
 1245  registration and does not apply to the transfer of a
 1246  registration of a motor vehicle sold by a motor vehicle dealer
 1247  licensed under chapter 320, except for the transfer of
 1248  registrations which includes the annual renewals. This
 1249  subsection does not apply to any vehicle registered in the name
 1250  of the lessor. This subsection does not affect the issuance of
 1251  the title to a motor vehicle, notwithstanding s. 319.23(8)(b).
 1252         (g) The Department of Highway Safety and Motor Vehicles may
 1253  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
 1254  this subsection.
 1255  
 1256  ================= T I T L E  A M E N D M E N T ================
 1257         And the title is amended as follows:
 1258         Delete line 235
 1259  and insert:
 1260         provisions to changes made by the act; amending s.
 1261         319.30, F.S.; defining the terms “National Motor
 1262         Vehicle Title Information System,” “nonrepairable
 1263         vehicle,” and “self-insured entity” in connection with
 1264         the dismantling, destruction, change of identity of
 1265         motor vehicles or mobile homes, and the salvage of
 1266         such vehicles; providing for the department to declare
 1267         certain vehicles as nonrepairable and print a
 1268         certificate of destruction; permitting a licensed
 1269         salvage motor vehicle dealer or a registered secondary
 1270         metals recycler to seek reimbursement for the purchase
 1271         price of a derelict vehicle from a lienholder and
 1272         prohibiting the recovery of any other costs; including
 1273         a self-insured motor vehicle or mobile home in the
 1274         existing framework for determining a total loss
 1275         vehicle; requiring a self-insured entity that is the
 1276         owner of a motor vehicle or mobile home that is
 1277         considered salvage to forward the title to the motor
 1278         vehicle or mobile home to the department for
 1279         processing within 72 hours after the motor vehicle or
 1280         mobile home becomes salvage; requiring an insurance
 1281         company that pays money as compensation for a salvaged
 1282         motor vehicle or mobile home to obtain the certificate
 1283         of title, and within 72 hours, forward the certificate
 1284         of title to the department for processing, and make
 1285         the required notification to the National Motor
 1286         Vehicle Title Information System; requiring a self
 1287         insured entity to provide the department with an
 1288         estimate of the costs of repairing the physical and
 1289         mechanical damage suffered by the vehicle for which a
 1290         salvage certificate of title or certificate of
 1291         destruction is sought; requiring that a vehicle for
 1292         which a certificate of destruction is sought to
 1293         authorize the dismantling or destruction of the motor
 1294         vehicle or mobile home by a licensed salvage motor
 1295         vehicle dealer; requiring secondary metals recyclers
 1296         and salvage motor vehicle dealers to keep an original,
 1297         or a copy in the event the original was returned to
 1298         the department, of proof of reporting to the National
 1299         Motor Vehicle Title Information System; requiring
 1300         secondary metals recyclers and salvage motor vehicle
 1301         dealers to make certain reports on a monthly basis;
 1302         requiring an independent entity to make notification
 1303         to the National Motor Vehicle Title Information System
 1304         before releasing any damaged or dismantled motor
 1305         vehicle to the owner or before applying for a
 1306         certificate of destruction or salvage certificate of
 1307         title; requiring all salvage motor vehicle dealers,
 1308         secondary metals recyclers, auctions, independent
 1309         entities, or self-insured entities that operate in
 1310         salvage motor vehicles to register with the National
 1311         Motor Vehicle Title Information System; amending s.
 1312         713.585, F.S.; requiring that a lienholder check the
 1313         National Motor Vehicle Title Information System or the
 1314         records of any corresponding agency of any other state
 1315         before enforcing a lien by selling the motor vehicle;
 1316         requiring the lienholder to notify the local law
 1317         enforcement agency in writing by certified mail
 1318         informing the law enforcement agency that the
 1319         lienholder has made a good faith effort to locate the
 1320         owner or lienholder; specifying that a good faith
 1321         effort includes a check of the Department of Highway
 1322         Safety and Motor Vehicles database records and the
 1323         National Motor Vehicle Title Information System;
 1324         setting requirements for notification of the sale of
 1325         the vehicle as a way to enforce a lien; requiring the
 1326         lienholder to publish notice; requiring the lienholder
 1327         to keep a record of proof of checking the National
 1328         Motor Vehicle Title Information System; amending s.
 1329         713.78, F.S.; revising provisions for enforcement of a
 1330         lien for recovering, towing, or storing a vehicle or
 1331         vessel; providing an