Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7125, 1st Eng.
       
       
       
       
       
       
                                Barcode 228846                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             04/26/2013 01:27 PM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment to Amendment (218538) (with title
    2  amendment)
    3  
    4         Between lines 958 and 959
    5  insert:
    6         Section 23. Section 319.30, Florida Statutes, is amended to
    7  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 maintained by the
   92  United States Department of Justice to link the states’ motor
   93  vehicle title records, including Florida’s Department of Highway
   94  Safety and Motor Vehicles’ title records, and ensure that
   95  states, law enforcement agencies, and consumers have access to
   96  vehicle titling, branding, and other information that enables
   97  them to verify the accuracy and legality of a motor vehicle
   98  title before purchase or title transfer of the vehicle occurs.
   99         (o)(n) “Parts” means parts of motor vehicles or
  100  combinations thereof that do not constitute materials or
  101  prepared materials.
  102         (p)(o) “Prepared materials” means motor vehicles, mobile
  103  homes, derelict motor vehicles, major parts, or parts that have
  104  been processed by mechanically flattening or crushing, or
  105  otherwise processed such that they are not the motor vehicle or
  106  mobile home described in the certificate of title, or their only
  107  value is as scrap metal.
  108         (q)(p) “Processing” means the business of performing the
  109  manufacturing process by which ferrous metals or nonferrous
  110  metals are converted into raw material products consisting of
  111  prepared grades and having an existing or potential economic
  112  value, or the purchase of materials, prepared materials, or
  113  parts therefor.
  114         (r)(q) “Recreational vehicle” means a motor vehicle as
  115  defined in s. 320.01(1).
  116         (s)(r) “Salvage” means a motor vehicle or mobile home which
  117  is a total loss as defined in paragraph (3)(a).
  118         (t)(s) “Salvage certificate of title” means a salvage
  119  certificate of title issued by the department or by another
  120  motor vehicle department authorized to issue titles in another
  121  state.
  122         (u)(t) “Salvage motor vehicle dealer” means salvage motor
  123  vehicle dealer as defined in s. 320.27(1)(c)5.
  124         (v)(u) “Secondary metals recycler” means secondary metals
  125  recycler as defined in s. 538.18.
  126         (w)(v) “Seller” means the owner of record or a person who
  127  has physical possession and responsibility for a derelict motor
  128  vehicle and attests that possession of the vehicle was obtained
  129  through lawful means along with all ownership rights. A seller
  130  does not include a towing company, repair shop, or landlord
  131  unless the towing company, repair shop, or landlord has obtained
  132  title, salvage title, or a certificate of destruction in the
  133  name of the towing company, repair shop, or landlord.
  134         (2)(a) Each person mentioned as owner in the last issued
  135  certificate of title, when such motor vehicle or mobile home is
  136  dismantled, destroyed, or changed in such manner that it is not
  137  the motor vehicle or mobile home described in the certificate of
  138  title, shall surrender his or her certificate of title to the
  139  department, and thereupon the department shall, with the consent
  140  of any lienholders noted thereon, enter a cancellation upon its
  141  records. Upon cancellation of a certificate of title in the
  142  manner prescribed by this section, the department may cancel and
  143  destroy all certificates in that chain of title. Any person who
  144  knowingly violates this paragraph commits a misdemeanor of the
  145  second degree, punishable as provided in s. 775.082 or s.
  146  775.083.
  147         (b)1. When a motor vehicle, recreational vehicle, or mobile
  148  home is sold, transported, delivered to, or received by a
  149  salvage motor vehicle dealer, the purchaser shall make the
  150  required notification to the National Motor Vehicle Title
  151  Information System and it shall be accompanied by:
  152         a. A valid certificate of title issued in the name of the
  153  seller or properly endorsed, as required in s. 319.22, over to
  154  the seller;
  155         b. A valid salvage certificate of title issued in the name
  156  of the seller or properly endorsed, as required in s. 319.22,
  157  over to the seller; or
  158         c. A valid certificate of destruction issued in the name of
  159  the seller or properly endorsed over to the seller.
  160         2. Any person who knowingly violates this paragraph by
  161  selling, transporting, delivering, purchasing, or receiving a
  162  motor vehicle, recreational vehicle, or mobile home without
  163  obtaining a properly endorsed certificate of title, salvage
  164  certificate of title, or certificate of destruction from the
  165  owner or does not make the required notification to the National
  166  Motor Vehicle Title Information System commits a felony of the
  167  third degree, punishable as provided in s. 775.082, s. 775.083,
  168  or s. 775.084.
  169         (c)1. When a derelict motor vehicle is sold, transported,
  170  or delivered to a licensed salvage motor vehicle dealer, the
  171  purchaser shall make the required notification of the derelict
  172  motor vehicle to the National Motor Vehicle Title Information
  173  System and record the date of purchase and the name, address,
  174  and valid Florida driver driver’s license number or valid
  175  Florida identification card number, or a valid driver driver’s
  176  license number or identification card number issued by another
  177  state, of the person selling the derelict motor vehicle, and it
  178  shall be accompanied by:
  179         a. A valid certificate of title issued in the name of the
  180  seller or properly endorsed over to the seller;
  181         b. A valid salvage certificate of title issued in the name
  182  of the seller or properly endorsed over to the seller; or
  183         c. A valid certificate of destruction issued in the name of
  184  the seller or properly endorsed over to the seller.
  185         2. If a valid certificate of title, salvage certificate of
  186  title, or certificate of destruction is not available, a
  187  derelict motor vehicle certificate application shall be
  188  completed by the seller or owner of the motor vehicle or mobile
  189  home, the seller’s or owner’s authorized transporter, and the
  190  licensed salvage motor vehicle dealer at the time of sale,
  191  transport, or delivery to the licensed salvage motor vehicle
  192  dealer. The derelict motor vehicle certificate application shall
  193  be used by the seller or owner, the seller’s or owner’s
  194  authorized transporter, and the licensed salvage motor vehicle
  195  dealer to obtain a derelict motor vehicle certificate from the
  196  department. The derelict motor vehicle certificate application
  197  must be accompanied by a legible copy of the seller’s or owner’s
  198  valid Florida driver’s license or Florida identification card,
  199  or a valid driver driver’s license or identification card issued
  200  by another state. If the seller is not the owner of record of
  201  the vehicle being sold, the dealer shall, at the time of sale,
  202  ensure that a smudge-free right thumbprint, or other digit if
  203  the seller has no right thumb, of the seller is imprinted upon
  204  the derelict motor vehicle certificate application and that a
  205  legible copy of the seller’s driver driver’s license or
  206  identification card is affixed to the application and
  207  transmitted to the department. The licensed salvage motor
  208  vehicle dealer shall make the required notification of the
  209  derelict motor vehicle to the National Motor Vehicle Title
  210  Information System and secure the derelict motor vehicle for 3
  211  full business days, excluding weekends and holidays, if there is
  212  no active lien or a lien of 3 years or more on the department’s
  213  records before destroying or dismantling the derelict motor
  214  vehicle and shall follow all reporting procedures established by
  215  the department, including electronic notification to the
  216  department or delivery of the original derelict motor vehicle
  217  certificate application to an agent of the department within 24
  218  hours after receiving the derelict motor vehicle. If there is an
  219  active lien of less than 3 years on the derelict motor vehicle,
  220  the licensed salvage motor vehicle dealer shall secure the
  221  derelict motor vehicle for 10 days. The department shall notify
  222  the lienholder that a derelict motor vehicle certificate has
  223  been issued and shall notify the lienholder of its intention to
  224  remove the lien. Ten days after receipt of the motor vehicle
  225  derelict certificate application, the department may remove the
  226  lien from its records if a written statement protesting removal
  227  of the lien is not received by the department from the
  228  lienholder within the 10-day period. However, if the lienholder
  229  files with the department and the licensed salvage motor vehicle
  230  dealer within the 10-day period a written statement that the
  231  lien is still outstanding, the department shall not remove the
  232  lien and shall place an administrative hold on the record for 30
  233  days to allow the lienholder to apply for title to the vehicle
  234  or a repossession certificate under s. 319.28. The licensed
  235  salvage motor vehicle dealer must secure the derelict motor
  236  vehicle until the department’s administrative stop is removed,
  237  the lienholder submits a lien satisfaction, or the lienholder
  238  takes possession of the vehicle.
  239         3. Any person who knowingly violates this paragraph by
  240  selling, transporting, delivering, purchasing, or receiving a
  241  derelict motor vehicle without obtaining a certificate of title,
  242  salvage certificate of title, certificate of destruction, or
  243  derelict motor vehicle certificate application; enters false or
  244  fictitious information on a derelict motor vehicle certificate
  245  application; does not complete the derelict motor vehicle
  246  certificate application as required; does not obtain a legible
  247  copy of the seller’s or owner’s valid driver driver’s license or
  248  identification card when required; does not make the required
  249  notification to the department; does not make the required
  250  notification to the National Motor Vehicle Title Information
  251  System; or destroys or dismantles a derelict motor vehicle
  252  without waiting the required time as set forth in subparagraph
  253  2. commits a felony of the third degree, punishable as provided
  254  in s. 775.082, s. 775.083, or s. 775.084.
  255         (3)(a)1. As used in this section, a motor vehicle or mobile
  256  home is a “total loss”:
  257         a. When an insurance company pays the vehicle owner to
  258  replace the wrecked or damaged vehicle with one of like kind and
  259  quality or when an insurance company pays the owner upon the
  260  theft of the motor vehicle or mobile home; or
  261         b. When an uninsured motor vehicle or mobile home is
  262  wrecked or damaged and the cost, at the time of loss, of
  263  repairing or rebuilding the vehicle is 80 percent or more of the
  264  cost to the owner of replacing the wrecked or damaged motor
  265  vehicle or mobile home with one of like kind and quality.
  266         2. A motor vehicle or mobile home shall not be considered a
  267  “total loss” if the insurance company and owner of a motor
  268  vehicle or mobile home agree to repair, rather than to replace,
  269  the motor vehicle or mobile home. However, if the actual cost to
  270  repair the motor vehicle or mobile home to the insurance company
  271  exceeds 100 percent of the cost of replacing the wrecked or
  272  damaged motor vehicle or mobile home with one of like kind and
  273  quality, the owner shall forward to the department, within 72
  274  hours after the agreement, a request to brand the certificate of
  275  title with the words “Total Loss Vehicle.” Such a brand shall
  276  become a part of the vehicle’s title history.
  277         (b) The owner, including persons who are self-insured, of
  278  any motor vehicle or mobile home which is considered to be
  279  salvage shall, within 72 hours after the motor vehicle or mobile
  280  home becomes salvage, forward the title to the motor vehicle or
  281  mobile home to the department for processing. However, an
  282  insurance company which pays money as compensation for total
  283  loss of a motor vehicle or mobile home shall obtain the
  284  certificate of title for the motor vehicle or mobile home, make
  285  the required notification to the National Motor Vehicle Title
  286  Information System, and, within 72 hours after receiving such
  287  certificate of title, shall forward such title to the department
  288  for processing. The owner or insurance company, as the case may
  289  be, may not dispose of a vehicle or mobile home that is a total
  290  loss before it has obtained a salvage certificate of title or
  291  certificate of destruction from the department. When applying
  292  for a salvage certificate of title or certificate of
  293  destruction, the owner or insurance company must provide the
  294  department with an estimate of the costs of repairing the
  295  physical and mechanical damage suffered by the vehicle for which
  296  a salvage certificate of title or certificate of destruction is
  297  sought. If the estimated costs of repairing the physical and
  298  mechanical damage to the vehicle are equal to 80 percent or more
  299  of the current retail cost of the vehicle, as established in any
  300  official used car or used mobile home guide, the department
  301  shall declare the vehicle unrebuildable and print a certificate
  302  of destruction, which authorizes the dismantling or destruction
  303  of the motor vehicle or mobile home described therein. However,
  304  if the damaged motor vehicle is equipped with custom-lowered
  305  floors for wheelchair access or a wheelchair lift, the insurance
  306  company may, upon determining that the vehicle is repairable to
  307  a condition that is safe for operation on public roads, submit
  308  the certificate of title to the department for reissuance as a
  309  salvage rebuildable title and the addition of a title brand of
  310  “insurance-declared total loss.” The certificate of destruction
  311  shall be reassignable a maximum of two times before dismantling
  312  or destruction of the vehicle shall be required, and shall
  313  accompany the motor vehicle or mobile home for which it is
  314  issued, when such motor vehicle or mobile home is sold for such
  315  purposes, in lieu of a certificate of title, and, thereafter,
  316  the department shall refuse issuance of any certificate of title
  317  for that vehicle. Nothing in this subsection shall be applicable
  318  when a vehicle is worth less than $1,500 retail in undamaged
  319  condition in any official used motor vehicle guide or used
  320  mobile home guide or when a stolen motor vehicle or mobile home
  321  is recovered in substantially intact condition and is readily
  322  resalable without extensive repairs to or replacement of the
  323  frame or engine. Any person who knowingly violates this
  324  paragraph or falsifies any document to avoid the requirements of
  325  this paragraph commits a misdemeanor of the first degree,
  326  punishable as provided in s. 775.082 or s. 775.083.
  327         (4) It is unlawful for any person to have in his or her
  328  possession any motor vehicle or mobile home when the
  329  manufacturer’s or state-assigned identification number plate or
  330  serial plate has been removed therefrom.
  331         (a) Nothing in this subsection shall be applicable when a
  332  vehicle defined in this section as a derelict or salvage was
  333  purchased or acquired from a foreign state requiring such
  334  vehicle’s identification number plate to be surrendered to such
  335  state, provided the person shall have an affidavit from the
  336  seller describing the vehicle by manufacturer’s serial number
  337  and the state to which such vehicle’s identification number
  338  plate was surrendered.
  339         (b) Nothing in this subsection shall be applicable if a
  340  certificate of destruction has been obtained for the vehicle.
  341         (5)(a) It is unlawful for any person to knowingly possess,
  342  sell, or exchange, offer to sell or exchange, or give away any
  343  certificate of title or manufacturer’s or state-assigned
  344  identification number plate or serial plate of any motor
  345  vehicle, mobile home, or derelict that has been sold as salvage
  346  contrary to the provisions of this section, and it is unlawful
  347  for any person to authorize, direct, aid in, or consent to the
  348  possession, sale, or exchange or to offer to sell, exchange, or
  349  give away such certificate of title or manufacturer’s or state
  350  assigned identification number plate or serial plate.
  351         (b) It is unlawful for any person to knowingly possess,
  352  sell, or exchange, offer to sell or exchange, or give away any
  353  manufacturer’s or state-assigned identification number plate or
  354  serial plate of any motor vehicle or mobile home that has been
  355  removed from the motor vehicle or mobile home for which it was
  356  manufactured, and it is unlawful for any person to authorize,
  357  direct, aid in, or consent to the possession, sale, or exchange
  358  or to offer to sell, exchange, or give away such manufacturer’s
  359  or state-assigned identification number plate or serial plate.
  360         (c) This chapter does not apply to anyone who removes,
  361  possesses, or replaces a manufacturer’s or state-assigned
  362  identification number plate, in the course of performing repairs
  363  on a vehicle, that require such removal or replacement. If the
  364  repair requires replacement of a vehicle part that contains the
  365  manufacturer’s or state-assigned identification number plate,
  366  the manufacturer’s or state-assigned identification number plate
  367  that is assigned to the vehicle being repaired will be installed
  368  on the replacement part. The manufacturer’s or state-assigned
  369  identification number plate that was removed from this
  370  replacement part will be installed on the part that was removed
  371  from the vehicle being repaired.
  372         (6)(a) In the event of a purchase by a salvage motor
  373  vehicle dealer of materials or major component parts for any
  374  reason, the purchaser shall:
  375         1. For each item of materials or major component parts
  376  purchased, the salvage motor vehicle dealer shall record the
  377  date of purchase and the name, address, and personal
  378  identification card number of the person selling such items, as
  379  well as the vehicle identification number, if available.
  380         2. With respect to each item of materials or major
  381  component parts purchased, obtain such documentation as may be
  382  required by subsection (2).
  383         (b) Any person who violates this subsection commits a
  384  felony of the third degree, punishable as provided in s.
  385  775.082, s. 775.083, or s. 775.084.
  386         (7)(a) In the event of a purchase by a secondary metals
  387  recycler, that has been issued a certificate of registration
  388  number, of:
  389         1. Materials, prepared materials, or parts from any seller
  390  for purposes other than the processing of such materials,
  391  prepared materials, or parts, the purchaser shall obtain such
  392  documentation as may be required by this section and shall
  393  record the seller’s name and address, date of purchase, and the
  394  personal identification card number of the person delivering
  395  such items.
  396         2. Parts or prepared materials from any seller for purposes
  397  of the processing of such parts or prepared materials, the
  398  purchaser shall record the seller’s name and address and date of
  399  purchase and, in the event of a purchase transaction consisting
  400  primarily of parts or prepared materials, the personal
  401  identification card number of the person delivering such items.
  402         3. Materials from another secondary metals recycler for
  403  purposes of the processing of such materials, the purchaser
  404  shall record the seller’s name and address and date of purchase.
  405         4.a. Motor vehicles, recreational vehicles, mobile homes,
  406  or derelict motor vehicles from other than a secondary metals
  407  recycler for purposes of the processing of such motor vehicles,
  408  recreational vehicles, mobile homes, or derelict motor vehicles,
  409  the purchaser shall make the required notification to the
  410  National Motor Vehicle Title Information record the date of
  411  purchase and the name, address, and personal identification card
  412  number of the person selling such items and shall obtain the
  413  following documentation from the seller with respect to each
  414  item purchased:
  415         (I) A valid certificate of title issued in the name of the
  416  seller or properly endorsed, as required in s. 319.22, over to
  417  the seller;
  418         (II) A valid salvage certificate of title issued in the
  419  name of the seller or properly endorsed, as required in s.
  420  319.22, over to the seller;
  421         (III) A valid certificate of destruction issued in the name
  422  of the seller or properly endorsed over to the seller; or
  423         (IV) A valid derelict motor vehicle certificate obtained
  424  from the department by a licensed salvage motor vehicle dealer
  425  and properly reassigned to the secondary metals recycler.
  426         b. If a valid certificate of title, salvage certificate of
  427  title, certificate of destruction, or derelict motor vehicle
  428  certificate is not available and the motor vehicle or mobile
  429  home is a derelict motor vehicle, a derelict motor vehicle
  430  certificate application shall be completed by the seller or
  431  owner of the motor vehicle or mobile home, the seller’s or
  432  owner’s authorized transporter, and the registered secondary
  433  metals recycler at the time of sale, transport, or delivery to
  434  the registered secondary metals recycler to obtain a derelict
  435  motor vehicle certificate from the department. The derelict
  436  motor vehicle certificate application must be accompanied by a
  437  legible copy of the seller’s or owner’s valid Florida driver
  438  driver’s license or Florida identification card, or a valid
  439  driver driver’s license or identification card from another
  440  state. If the seller is not the owner of record of the vehicle
  441  being sold, the recycler shall, at the time of sale, ensure that
  442  a smudge-free right thumbprint, or other digit if the seller has
  443  no right thumb, of the seller is imprinted upon the derelict
  444  motor vehicle certificate application and that the legible copy
  445  of the seller’s driver driver’s license or identification card
  446  is affixed to the application and transmitted to the department.
  447  The derelict motor vehicle certificate shall be used by the
  448  owner, the owner’s authorized transporter, and the registered
  449  secondary metals recycler. The registered secondary metals
  450  recycler shall make the required notification of the derelict
  451  motor vehicle to the National Motor Vehicle Title Information
  452  System and shall secure the derelict motor vehicle for 3 full
  453  business days, excluding weekends and holidays, if there is no
  454  active lien or a lien of 3 years or more on the department’s
  455  records before destroying or dismantling the derelict motor
  456  vehicle and shall follow all reporting procedures established by
  457  the department, including electronic notification to the
  458  department or delivery of the original derelict motor vehicle
  459  certificate application to an agent of the department within 24
  460  hours after receiving the derelict motor vehicle. If there is an
  461  active lien of less than 3 years on the derelict motor vehicle,
  462  the registered secondary metals recycler shall secure the
  463  derelict motor vehicle for 10 days. The department shall notify
  464  the lienholder of the application for a derelict motor vehicle
  465  certificate and shall notify the lienholder of its intention to
  466  remove the lien. Ten days after receipt of the motor vehicle
  467  derelict application, the department may remove the lien from
  468  its records if a written statement protesting removal of the
  469  lien is not received by the department from the lienholder
  470  within the 10-day period. However, if the lienholder files with
  471  the department and the registered secondary metals recycler
  472  within the 10-day period a written statement that the lien is
  473  still outstanding, the department shall not remove the lien and
  474  shall place an administrative hold on the record for 30 days to
  475  allow the lienholder to apply for title to the vehicle or a
  476  repossession certificate under s. 319.28. The registered
  477  secondary metals recycler must secure the derelict motor vehicle
  478  until the department’s administrative stop is removed, the
  479  lienholder submits a lien satisfaction, or the lienholder takes
  480  possession of the vehicle.
  481         c. Any person who knowingly violates this subparagraph by
  482  selling, transporting, delivering, purchasing, or receiving a
  483  motor vehicle, recreational motor vehicle, mobile home, or
  484  derelict motor vehicle without obtaining a certificate of title,
  485  salvage certificate of title, certificate of destruction, or
  486  derelict motor vehicle certificate; enters false or fictitious
  487  information on a derelict motor vehicle certificate application;
  488  does not complete the derelict motor vehicle certificate
  489  application as required or does not make the required
  490  notification to the department; does not make the required
  491  notification to the National Motor Vehicle Title Information
  492  System; does not obtain a legible copy of the seller’s or
  493  owner’s driver driver’s license or identification card when
  494  required; or destroys or dismantles a derelict motor vehicle
  495  without waiting the required time as set forth in sub
  496  subparagraph b. commits a felony of the third degree, punishable
  497  as provided in s. 775.082, s. 775.083, or s. 775.084.
  498         5. Major parts from other than a secondary metals recycler
  499  for purposes of the processing of such major parts, the
  500  purchaser shall record the seller’s name, address, date of
  501  purchase, and the personal identification card number of the
  502  person delivering such items, as well as the vehicle
  503  identification number, if available, of each major part
  504  purchased.
  505         (b) Any person who violates this subsection commits a
  506  felony of the third degree, punishable as provided in s.
  507  775.082, s. 775.083, or s. 775.084.
  508         (8)(a) Secondary metals recyclers and salvage motor vehicle
  509  dealers shall return to the department on a monthly basis all
  510  certificates of title and salvage certificates of title that are
  511  required by this section to be obtained. Secondary metals
  512  recyclers and salvage motor vehicle dealers may elect to notify
  513  the department electronically through procedures established by
  514  the department when they receive each motor vehicle or mobile
  515  home, salvage motor vehicle or mobile home, or derelict motor
  516  vehicle with a certificate of title or salvage certificate of
  517  title through procedures established by the department. The
  518  department may adopt rules and establish fees as it deems
  519  necessary or proper for the administration of the electronic
  520  notification service.
  521         (b) Secondary metals recyclers and salvage motor vehicle
  522  dealers shall keep originals, or a copy in the event the
  523  original was returned to the department, of all certificates of
  524  title, salvage certificates of title, certificates of
  525  destruction, derelict motor vehicle certificates, and all other
  526  information required by this section to be recorded or obtained,
  527  on file in the offices of such secondary metals recyclers or
  528  salvage motor vehicle dealers for a period of 3 years after the
  529  date of purchase of the items reflected in such certificates of
  530  title, salvage certificates of title, certificates of
  531  destruction, or derelict motor vehicle certificates. These
  532  records shall be maintained in chronological order.
  533         (c) For the purpose of enforcement of this section, the
  534  department or its agents and employees have the same right of
  535  inspection as law enforcement officers as provided in s.
  536  812.055.
  537         (d) Whenever the department, its agent or employee, or any
  538  law enforcement officer has reason to believe that a stolen or
  539  fraudulently titled motor vehicle, mobile home, recreational
  540  vehicle, salvage motor vehicle, or derelict motor vehicle is in
  541  the possession of a salvage motor vehicle dealer or secondary
  542  metals recycler, the department, its agent or employee, or the
  543  law enforcement officer may issue an extended hold notice, not
  544  to exceed 5 additional business days, excluding weekends and
  545  holidays, to the salvage motor vehicle dealer or registered
  546  secondary metals recycler.
  547         (e) Whenever a salvage motor vehicle dealer or registered
  548  secondary metals recycler is notified by the department, its
  549  agent or employee, or any law enforcement officer to hold a
  550  motor vehicle, mobile home, recreational vehicle, salvage motor
  551  vehicle, or derelict motor vehicle that is believed to be stolen
  552  or fraudulently titled, the salvage motor vehicle dealer or
  553  registered secondary metals recycler shall hold the motor
  554  vehicle, mobile home, recreational vehicle, salvage motor
  555  vehicle, or derelict motor vehicle and may not dismantle or
  556  destroy the motor vehicle, mobile home, recreational vehicle,
  557  salvage motor vehicle, or derelict motor vehicle until it is
  558  recovered by a law enforcement officer, the hold is released by
  559  the department or the law enforcement officer placing the hold,
  560  or the 5 additional business days have passed since being
  561  notified of the hold.
  562         (f) This section does not authorize any person who is
  563  engaged in the business of recovering, towing, or storing
  564  vehicles pursuant to s. 713.78, and who is claiming a lien for
  565  performing labor or services on a motor vehicle or mobile home
  566  pursuant to s. 713.58, or is claiming that a motor vehicle or
  567  mobile home has remained on any premises after tenancy has
  568  terminated pursuant to s. 715.104, to use a derelict motor
  569  vehicle certificate application for the purpose of transporting,
  570  selling, disposing of, or delivering a motor vehicle to a
  571  salvage motor vehicle dealer or secondary metals recycler
  572  without obtaining the title or certificate of destruction
  573  required under s. 713.58, s. 713.78, or s. 715.104.
  574         (g) The department shall accept all properly endorsed and
  575  completed derelict motor vehicle certificate applications and
  576  shall issue a derelict motor vehicle certificate having an
  577  effective date that authorizes when a derelict motor vehicle is
  578  eligible for dismantling or destruction. The electronic
  579  information obtained from the derelict motor vehicle certificate
  580  application shall be stored electronically and shall be made
  581  available to authorized persons after issuance of the derelict
  582  motor vehicle certificate in the Florida Real Time Vehicle
  583  Information System.
  584         (h) The department is authorized to adopt rules pursuant to
  585  ss. 120.536(1) and 120.54 establishing policies and procedures
  586  to administer and enforce this section.
  587         (i) The department shall charge a fee of $3 for each
  588  derelict motor vehicle certificate delivered to the department
  589  or one of its agents for processing and shall mark the title
  590  record canceled. A service charge may be collected under s.
  591  320.04.
  592         (j) The licensed salvage motor vehicle dealer or registered
  593  secondary metals recycler shall make all payments for the
  594  purchase of any derelict motor vehicle that is sold by a seller
  595  who is not the owner of record on file with the department by
  596  check or money order made payable to the seller and may not make
  597  payment to the authorized transporter. The licensed salvage
  598  motor vehicle dealer or registered secondary metals recycler may
  599  not cash the check that such dealer or recycler issued to the
  600  seller.
  601         (9)(a) An insurance company may notify an independent
  602  entity that obtains possession of a damaged or dismantled motor
  603  vehicle to release the vehicle to the owner. The insurance
  604  company shall provide the independent entity a release statement
  605  on a form prescribed by the department authorizing the
  606  independent entity to release the vehicle to the owner. The form
  607  shall, at a minimum, contain the following:
  608         1. The policy and claim number.
  609         2. The name and address of the insured.
  610         3. The vehicle identification number.
  611         4. The signature of an authorized representative of the
  612  insurance company.
  613         (b) The independent entity in possession of a motor vehicle
  614  must send a notice to the owner that the vehicle is available
  615  for pick up when it receives a release statement from the
  616  insurance company. The notice shall be sent by certified mail to
  617  the owner at the owner’s address reflected in the department’s
  618  records. The notice must inform the owner that the owner has 30
  619  days after receipt of the notice to pick up the vehicle from the
  620  independent entity. If the motor vehicle is not claimed within
  621  30 days after the owner receives the notice, the independent
  622  entity may apply for a certificate of destruction or a
  623  certificate of title.
  624         (c) The independent entity shall make the required
  625  notification to the National Motor Vehicle Title Information
  626  System before releasing any damaged or dismantled motor vehicle
  627  to the owner or before applying for a certificate of destruction
  628  or salvage certificate of title.
  629         (d)(c) Upon applying for a certificate of destruction or
  630  salvage certificate of title, the independent entity shall
  631  provide a copy of the release statement from the insurance
  632  company to the independent entity, proof of providing the 30-day
  633  notice to the owner, proof of notification to the National Motor
  634  Vehicle Title Information System, and applicable fees.
  635         (e)(d) The independent entity may not charge an owner of
  636  the vehicle storage fees or apply for a title under s. 713.585
  637  or s. 713.78.
  638         (10) The department may adopt rules to implement an
  639  electronic system for issuing salvage certificates of title and
  640  certificates of destruction.
  641  (11) Except as otherwise provided in this section, any person
  642  who violates this section commits a felony of the third degree,
  643  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  644  
  645  ================= T I T L E  A M E N D M E N T ================
  646         And the title is amended as follows:
  647         Delete line 4704
  648  and insert:
  649         repossession; relating to disposition of derelict
  650         motor vehicles; defining the term “National Motor
  651         Vehicle Title Information System”; requiring salvage
  652         motor vehicle dealers, insurance companies, and other
  653         persons to notify the system when receiving or
  654         disposing of such a vehicle; requiring proof of such
  655         notification when applying for a certificate of
  656         destruction or salvage certificate of title; providing
  657         penalties; amending s. 319.323, F.S., relating