HB 403

1
A bill to be entitled
2An act relating to derelict motor vehicles and mobile
3homes; amending s. 319.30, F.S.; defining the term
4"seller" and revising the definitions of the terms
5"certificate of title," "derelict motor vehicle," and
6"derelict motor vehicle certificate"; revising
7requirements for disposition of a motor vehicle,
8recreational vehicle, or mobile home that is sold,
9transported, or delivered to a salvage motor vehicle
10dealer or a secondary metals recycler; requiring
11certificates of title to conform to specified provisions;
12providing for the dealer or recycler to apply to the
13Department of Highway Safety and Motor Vehicles for a
14derelict motor vehicle certificate if the certificate of
15title, salvage certificate of title, or certificate of
16destruction is not available; requiring the derelict motor
17vehicle certificate application to be completed by the
18seller or owner of the motor vehicle or mobile home, the
19seller's or owner's authorized transporter, and the dealer
20or recycler; requiring certain identification information
21be included with the application; revising the types of
22documentation that a secondary metals recycler must
23obtain; permitting recyclers to obtain salvage
24certificates of title from sellers or owners as a valid
25method of documentation; providing that a person engaged
26in the business of recovering, towing, or storing vehicles
27may not claim certain liens, claim that certain vehicles
28have remained on any premises after tenancy has
29terminated, or use the derelict motor vehicle certificate
30application to transport, sell, or dispose of a motor
31vehicle at a salvage motor vehicle dealer or metal
32recycler without otherwise obtaining title to the vehicle
33or a certificate of destruction; providing penalties;
34providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Paragraphs (c), (e), and (f) of subsection (1),
39paragraphs (b) and (c) of subsection (2), and subsection (7) of
40section 319.30, Florida Statutes, are amended, paragraph (v) is
41added to subsection (1), paragraphs (f) and (g) of subsection
42(8) are redesignated as paragraphs (g) and (h), respectively,
43and a new paragraph (f) is added to that subsection, to read:
44     319.30  Definitions; dismantling, destruction, change of
45identity of motor vehicle or mobile home; salvage.-
46     (1)  As used in this section, the term:
47     (c)  "Certificate of title" means a record that serves as
48evidence of ownership of a vehicle, whether such record is a
49paper certificate authorized by the department or by a motor
50vehicle department authorized to issue titles in another state
51or a certificate consisting of information stored in electronic
52form in the department's database.
53     (e)  "Derelict motor vehicle" means any motor vehicle as
54defined in s. 320.01(1) or mobile home as defined in s.
55320.01(2), with or without all parts, major parts, or major
56component parts, which is valued under $1,000, is at least 10
57model years old, beginning with the model year of the vehicle as
58year one, and is in such condition that its highest or primary
59value is for sale, transport, or delivery to a licensed salvage
60motor vehicle dealer or registered secondary metals recycler for
61dismantling its component parts or conversion to scrap metal.
62     (f)  "Derelict motor vehicle certificate" means a
63certificate issued by the department which serves as evidence
64that a derelict motor vehicle will be dismantled or converted to
65scrap metal. The certificate is obtained by completing a
66derelict motor vehicle certificate application authorized by the
67department completed by the derelict motor vehicle owner, the
68owner's authorized transporter when different from the owner,
69and the licensed salvage motor vehicle dealer or the registered
70secondary metals recycler and submitted to the department for
71cancellation of the title record of the derelict motor vehicle.
72A derelict motor vehicle certificate may be reassigned only one
73time if the derelict motor vehicle certificate was completed by
74a licensed salvage motor vehicle dealer and the derelict motor
75vehicle was sold to a secondary metals recycler.
76     (v)  "Seller" means the owner of record or a person who has
77physical possession and responsibility for a derelict motor
78vehicle and attests that possession of the vehicle and all
79ownership rights were obtained through lawful means. A seller
80does not include a towing company, repair shop, or landlord
81unless the towing company, repair shop, or landlord has obtained
82title, salvage title, or a certificate of destruction in the
83name of the towing company, repair shop, or landlord.
84     (2)
85     (b)1.  When a motor vehicle, recreational vehicle, or
86mobile home is sold, transported, or delivered to a salvage
87motor vehicle dealer, it shall be accompanied by:
88     a.  A valid certificate of title issued in the name of the
89seller or properly endorsed, as required in s. 319.22, over to
90the seller;
91     b.  A valid salvage certificate of title issued in the name
92of the seller or properly endorsed, as required in s. 319.22,
93over to the seller; or
94     c.  A valid certificate of destruction issued in the name
95of the seller or properly endorsed over to the seller.
96     2.  Any person who willfully and deliberately violates this
97paragraph by selling, transporting, delivering, purchasing, or
98receiving a motor vehicle, recreational vehicle, or mobile home
99without obtaining a properly endorsed certificate of title,
100salvage certificate of title, or certificate of destruction from
101the owner commits a felony of the third degree, punishable as
102provided in s. 775.082, s. 775.083, or s. 775.084.
103     (c)1.  When a derelict motor vehicle is sold, transported,
104or delivered to a licensed salvage motor vehicle dealer, the
105purchaser shall record the date of purchase and the name,
106address, and personal identification card number of the person
107selling the derelict motor vehicle, and it shall be accompanied
108by:
109     a.  A valid certificate of title issued in the name of the
110seller or properly endorsed, as required in s. 319.22, over to
111the seller;
112     b.  A valid salvage certificate of title issued in the name
113of the seller or properly endorsed, as required in s. 319.22,
114over to the seller; or
115     c.  A valid certificate of destruction issued in the name
116of the seller or properly endorsed over to the seller.
117     2.  If the certificate of title, salvage certificate of
118title, or certificate of destruction is not available, a
119derelict motor vehicle certificate application shall be
120completed by the seller or owner of the motor vehicle or mobile
121home, the seller's or owner's authorized transporter, and the
122licensed salvage motor vehicle dealer at the time of sale,
123transport, or delivery to the licensed salvage motor vehicle
124dealer. The derelict motor vehicle certificate application shall
125be used by the seller or owner, the seller's or owner's
126authorized transporter, and the licensed salvage motor vehicle
127dealer to obtain a derelict motor vehicle certificate from the
128department. The identifying number on the personal
129identification card of the seller or owner must be recorded on
130the derelict motor vehicle certificate application. The derelict
131motor vehicle certificate application must be accompanied by a
132copy of the seller's or owner's personal identification card
133when the personal identification card is something other than a
134Florida driver's license or Florida identification card. The
135licensed salvage motor vehicle dealer shall secure the motor
136vehicle or mobile home for 3 full business days, excluding
137weekends and holidays, before destroying or dismantling the
138derelict motor vehicle and shall follow all reporting procedures
139established by the department, including electronic notification
140to the department or delivery of the original derelict motor
141vehicle certificate application to an agent of the department
142within 24 hours after receiving the derelict motor vehicle.
143     3.  Any person who willfully and deliberately violates this
144paragraph by selling, transporting, delivering, purchasing, or
145receiving a derelict motor vehicle without obtaining a
146certificate of title, salvage certificate of title, certificate
147of destruction, or derelict motor vehicle certificate
148application; enters false or fictitious information on a
149derelict motor vehicle certificate application; does not
150complete the derelict motor vehicle certificate application as
151required; does not obtain a copy of the seller's or owner's
152personal identification card when required; or does not make the
153required notification to the department; or destroys or
154dismantles a derelict motor vehicle without waiting the required
1553 full business days commits a felony of the third degree,
156punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
157     (7)(a)  In the event of a purchase by a secondary metals
158recycler, that has been issued a certificate of registration
159number, of:
160     1.  Materials, prepared materials, or parts from any seller
161for purposes other than the processing of such materials,
162prepared materials, or parts, the purchaser shall obtain such
163documentation as may be required by this section and shall
164record the seller's name and address, date of purchase, and the
165personal identification card number of the person delivering
166such items.
167     2.  Parts or prepared materials from any seller for
168purposes of the processing of such parts or prepared materials,
169the purchaser shall record the seller's name and address and
170date of purchase and, in the event of a purchase transaction
171consisting primarily of parts or prepared materials, the
172personal identification card number of the person delivering
173such items.
174     3.  Materials from another secondary metals recycler for
175purposes of the processing of such materials, the purchaser
176shall record the seller's name and address and date of purchase.
177     4.a.  Motor vehicles, recreational vehicles, mobile homes,
178or derelict motor vehicles from other than a secondary metals
179recycler for purposes of the processing of such motor vehicles,
180recreational vehicles, mobile homes, or derelict motor vehicles,
181the purchaser shall record the date of purchase and the name,
182address, and personal identification card number of the person
183selling such items and shall obtain the following documentation
184from the seller with respect to each item purchased:
185     (I)  A valid certificate of title issued in the name of the
186seller or properly endorsed, as required in s. 319.22, over to
187the seller;
188     (II)  A valid salvage certificate of title issued in the
189name of the seller or properly endorsed, as required in s.
190319.22, over to the seller;
191     (III)(II)  A valid certificate of destruction issued in the
192name of the seller or properly endorsed over to the seller; or
193     (IV)(III)  A valid derelict motor vehicle certificate
194obtained from the department completed by a licensed salvage
195motor vehicle dealer and properly reassigned to the secondary
196metals recycler.
197     b.  If a valid certificate of title, salvage certificate of
198title, certificate of destruction, or derelict motor vehicle
199certificate is not available and the motor vehicle or mobile
200home is a derelict motor vehicle, a derelict motor vehicle
201certificate application shall be completed by the seller or
202owner of the motor vehicle or mobile home, the seller's or
203owner's authorized transporter, and the registered secondary
204metals recycler at the time of sale, transport, or delivery to
205the registered secondary metals recycler. The derelict motor
206vehicle certificate application shall be used by the seller or
207owner, the seller's or owner's authorized transporter, and the
208registered secondary metals recycler to obtain a derelict motor
209vehicle certificate from the department. The identifying number
210on the personal identification card of the seller or owner must
211be recorded on the derelict motor vehicle certificate
212application. The derelict motor vehicle certificate application
213must be accompanied by a copy of the seller's or owner's
214personal identification card when the personal identification
215card is something other than a Florida driver's license or
216Florida identification card. The registered secondary metals
217recycler shall secure the derelict motor vehicle for 3 full
218business days, excluding weekends and holidays, before
219destroying or dismantling the derelict motor vehicle and shall
220follow all reporting procedures established by the department,
221including electronic notification to the department or delivery
222of the original derelict motor vehicle certificate application
223to an agent of the department within 24 hours after receiving
224the derelict motor vehicle.
225     c.  Any person who willfully and deliberately violates this
226subparagraph by selling, transporting, delivering, purchasing,
227or receiving a motor vehicle, recreational motor vehicle, mobile
228home, or derelict motor vehicle without obtaining a certificate
229of title, salvage certificate of title, certificate of
230destruction, or derelict motor vehicle certificate, or derelict
231motor vehicle certificate application; enters false or
232fictitious information on a derelict motor vehicle certificate
233application; does not complete the derelict motor vehicle
234certificate application as required; does not obtain a copy of
235the seller's or owner's personal identification card when
236required; or does not make the required notification to the
237department; or destroys or dismantles a derelict motor vehicle
238without waiting the required 3 full business days commits a
239felony of the third degree, punishable as provided in s.
240775.082, s. 775.083, or s. 775.084.
241     5.  Major parts from other than a secondary metals recycler
242for purposes of the processing of such major parts, the
243purchaser shall record the seller's name, address, date of
244purchase, and the personal identification card number of the
245person delivering such items, as well as the vehicle
246identification number, if available, of each major part
247purchased.
248     (b)  Any person who violates this subsection commits a
249felony of the third degree, punishable as provided in s.
250775.082, s. 775.083, or s. 775.084.
251     (8)
252     (f)  This section does not authorize any person that is
253engaged in the business of recovering, towing, or storing
254vehicles pursuant to s. 713.78 to claim a lien for performing
255labor or services on a motor vehicle or mobile home pursuant to
256s. 713.58, to claim that a motor vehicle or mobile home has
257remained on any premises after tenancy has terminated pursuant
258to s. 715.104, or to use a derelict motor vehicle certificate
259application for the purpose of transporting, selling, or
260disposing of a motor vehicle at a salvage motor vehicle dealer
261or metal recycler without obtaining the title or certificate of
262destruction required under s. 713.58, s. 713.78, or s. 715.104.
263Any person who transports, sells, or disposes of any motor
264vehicle or mobile home that was recovered, towed, or stored
265pursuant to s. 713.78, who claims a lien for performing labor or
266services on a motor vehicle or mobile home pursuant to s.
267713.58, or who claims that a motor vehicle or mobile home has
268remained on any premises after tenancy has terminated pursuant
269to s. 715.104 with respect to a derelict motor vehicle
270certificate application commits a felony of the third degree,
271punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
272     Section 2.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.