CS for CS for SB 482                             First Engrossed
       
       
       
       
       
       
       
       
       2010482e1
       
    1                        A bill to be entitled                      
    2         An act relating to transportation; creating the
    3         “Highway Safety Act”; providing legislative intent
    4         relating to road rage and aggressive careless driving;
    5         requiring the Department of Highway Safety and Motor
    6         Vehicles to provide information about the Highway
    7         Safety Act in driver’s license educational materials;
    8         amending s. 316.003, F.S.; defining the term “road
    9         rage”; amending s. 316.083, F.S.; requiring an
   10         operator of a motor vehicle to yield the left lane
   11         when being overtaken on a multilane highway; providing
   12         exceptions; amending s. 316.1923, F.S.; revising the
   13         number of specified acts necessary to qualify as an
   14         aggressive careless driver; providing specified
   15         punishments for aggressive careless driving;
   16         specifying the allocation of moneys received from the
   17         increased fine imposed for aggressive careless
   18         driving; reenacting s. 316.650(1)(a), F.S., relating
   19         to traffic citations, to incorporate the amendments
   20         made to s. 316.1923, F.S., in a reference thereto;
   21         amending s. 318.1451, F.S.; requiring driver
   22         improvement schools to collect a fee from certain
   23         persons taking a basic driver improvement course;
   24         providing for such fees to be used to provide signage
   25         and educational materials relating to the act;
   26         amending s. 318.19, F.S.; providing that a second or
   27         subsequent infraction as an aggressive careless driver
   28         requires attendance at a mandatory hearing; providing
   29         for the disposition of the increased penalties;
   30         amending s. 322.05, F.S.; requiring certain persons
   31         under 19 years of age to complete a basic driver
   32         improvement course before being issued a driver’s
   33         license; providing an exception; creating s. 335.199,
   34         F.S.; directing the Department of Transportation to
   35         notify certain property owners and local governmental
   36         entities of certain proposed projects before
   37         finalizing the design of certain transportation
   38         projects; providing a timeframe for notification;
   39         requiring the department to hold a public hearing and
   40         receive public input regarding the effects of the
   41         project on local businesses; directing the department
   42         to consider the comments in the final design of the
   43         project; amending s. 316.003, F.S.; redefining the
   44         term “electric personal assistive mobility device” to
   45         include additional devices for transporting one
   46         person; amending s. 316.008, F.S.; authorizing local
   47         governments to regulate certain vehicles and other
   48         motorized devices operating on sidewalks; amending s.
   49         316.1995, F.S.; conforming provisions to changes made
   50         by the act; exempting motorized wheelchairs from
   51         certain ordinances; amending s. 316.212, F.S.;
   52         authorizing local governments to enact ordinances
   53         permitting the use of golf carts on sidewalks;
   54         amending s. 316.2128, F.S.; conforming provisions
   55         relating to notices required to be displayed by
   56         certain sellers of motorized scooters and motorcycles;
   57         amending s. 319.241, F.S.; revising provisions
   58         relating to an application for the removal of a lien
   59         from the files of the Department of Highway Safety and
   60         Motor Vehicles or from the certificate of title;
   61         authorizing the department to remove the lien from its
   62         files within a specified period after receiving an
   63         application for a derelict motor vehicle certificate
   64         and notification to the lienholder, unless a written
   65         statement protesting such removal is received;
   66         amending s. 319.30, F.S.; revising certain
   67         definitions; revising requirements for disposition of
   68         a motor vehicle, recreational vehicle, or mobile home
   69         that is sold, transported, or delivered to a salvage
   70         motor vehicle dealer or a secondary metals recycler;
   71         requiring certificates of title to conform to
   72         specified provisions; providing for the dealer or
   73         recycler to apply to the Department of Highway Safety
   74         and Motor Vehicles for a derelict motor vehicle
   75         certificate if the certificate of title, salvage
   76         certificate of title, or certificate of destruction is
   77         not available; requiring the derelict motor vehicle
   78         certificate application to be completed by the seller
   79         or owner of the motor vehicle or mobile home, the
   80         seller’s or owner’s authorized transporter, or the
   81         dealer or recycler; requiring certain identification
   82         information be included with the application; revising
   83         the types of documentation that a secondary metals
   84         recycler must obtain; permitting recyclers to obtain
   85         salvage certificates of title from sellers or owners
   86         as a valid method of documentation; providing that a
   87         person engaged in the business of recovering, towing,
   88         or storing vehicles may not claim certain liens, claim
   89         that certain vehicles have remained on any premises
   90         after tenancy has terminated, or use the derelict
   91         motor vehicle certificate application to transport,
   92         sell, or dispose of a motor vehicle at a salvage motor
   93         vehicle dealer or metal recycler without otherwise
   94         obtaining title to the vehicle or a certificate of
   95         destruction; requiring that the department accept all
   96         properly endorsed and completed derelict motor vehicle
   97         certificate applications and issue such certification
   98         having an effective date that authorizes when the
   99         vehicle is eligible for dismantling or destruction;
  100         requiring that such electronic information be stored
  101         and made available to authorized persons; requiring
  102         that all licensed salvage motor vehicle dealers or
  103         registered secondary metals recyclers make all
  104         payments for the purchase of any derelict motor
  105         vehicle that is sold by a seller who is not the owner
  106         of record by check or money order; providing an
  107         effective date.
  108  
  109  Be It Enacted by the Legislature of the State of Florida:
  110  
  111         Section 1. This act may be cited as the “Highway Safety
  112  Act.”
  113         Section 2. The Legislature finds that road rage and
  114  aggressive careless driving are a growing threat to the health,
  115  safety, and welfare of the public. The intent of the Legislature
  116  is to reduce road rage and aggressive careless driving, reduce
  117  the incidence of drivers’ interfering with the movement of
  118  traffic, minimize crashes, and promote the orderly, free flow of
  119  traffic on the roads and highways of the state.
  120         Section 3. The Department of Highway Safety and Motor
  121  Vehicles shall provide information about the Highway Safety Act
  122  in all newly printed driver’s license educational materials
  123  after October 1, 2010.
  124         Section 4. Subsection (86) is added to section 316.003,
  125  Florida Statutes, to read:
  126         316.003 Definitions.—The following words and phrases, when
  127  used in this chapter, shall have the meanings respectively
  128  ascribed to them in this section, except where the context
  129  otherwise requires:
  130         (86) ROAD RAGE.—The act of a driver or passenger to
  131  intentionally or unintentionally, due to a loss of emotional
  132  control, injure or kill another driver, passenger, or
  133  pedestrian, or to attempt or threaten to injure or kill another
  134  driver, passenger, or pedestrian.
  135         Section 5. Present subsection (3) of section 316.083,
  136  Florida Statutes, is redesignated as subsection (4), and a new
  137  subsection (3) is added to that section, to read:
  138         316.083 Overtaking and passing a vehicle.—The following
  139  rules shall govern the overtaking and passing of vehicles
  140  proceeding in the same direction, subject to those limitations,
  141  exceptions, and special rules hereinafter stated:
  142         (3)(a) On roads, streets, or highways having two or more
  143  lanes that allow movement in the same direction, a driver may
  144  not continue to operate a motor vehicle in the furthermost left
  145  hand lane if the driver knows, or reasonably should know, that
  146  he or she is being overtaken in that lane from the rear by a
  147  motor vehicle traveling at a higher rate of speed.
  148         (b) Paragraph (a) does not apply to a driver operating a
  149  motor vehicle in the furthermost left-hand lane if:
  150         1. The driver is driving the legal speed limit and is not
  151  impeding the flow of traffic in the furthermost left-hand lane;
  152         2. The driver is in the process of overtaking a slower
  153  motor vehicle in the adjacent right-hand lane for the purpose of
  154  passing the slower moving vehicle so that the driver may move to
  155  the adjacent right-hand lane;
  156         3. Conditions make the flow of traffic substantially the
  157  same in all lanes or preclude the driver from moving to the
  158  adjacent right-hand lane;
  159         4. The driver’s movement to the adjacent right-hand lane
  160  could endanger the driver or other drivers;
  161         5. The driver is directed by a law enforcement officer,
  162  road sign, or road crew to remain in the furthermost left-hand
  163  lane; or
  164         6. The driver is preparing to make a left turn.
  165         (c)A driver who violates s. 316.183 and this subsection
  166  simultaneously shall receive a uniform traffic citation solely
  167  under s. 316.183.
  168         Section 6. Section 316.1923, Florida Statutes, is amended
  169  to read:
  170         316.1923 Aggressive careless driving.—
  171         (1) “Aggressive careless driving” means committing three
  172  two or more of the following acts simultaneously or in
  173  succession:
  174         (a)(1) Exceeding the posted speed as defined in s.
  175  322.27(3)(d)5.b.
  176         (b)(2) Unsafely or improperly changing lanes as defined in
  177  s. 316.085.
  178         (c)(3) Following another vehicle too closely as defined in
  179  s. 316.0895(1).
  180         (d)(4) Failing to yield the right-of-way as defined in s.
  181  316.079, s. 316.0815, or s. 316.123.
  182         (e)(5) Improperly passing or failing to yield to overtaking
  183  vehicles as defined in s. 316.083, s. 316.084, or s. 316.085.
  184         (f)(6) Violating traffic control and signal devices as
  185  defined in ss. 316.074 and 316.075.
  186         (2) Any person convicted of aggressive careless driving
  187  shall be cited for a moving violation and punished as provided
  188  in chapter 318, and by the accumulation of points as provided in
  189  s. 322.27, for each act of aggressive careless driving.
  190         (3) In addition to any fine or points administered under
  191  subsection (2), a person convicted of aggressive careless
  192  driving shall also pay:
  193         (a) Upon a first conviction, a fine of $100.
  194         (b) Upon a second or subsequent conviction, a fine of not
  195  less than $250 but not more than $500 and be subject to a
  196  mandatory hearing under s. 318.19.
  197         (4) The clerk of the court shall remit the moneys collected
  198  from the increased fine imposed by subsection (3) to the
  199  Department of Revenue for deposit into the Department of Health
  200  Administrative Trust Fund. Of the funds deposited into the
  201  Department of Health Administrative Trust Fund, $200,000 in the
  202  first year after this act takes effect, and $50,000 in the
  203  second and third years, shall be transferred to the Department
  204  of Highway Safety and Motor Vehicles General Revenue Fund to
  205  offset the cost of providing educational materials related to
  206  this act. All other funds deposited into the Administrative
  207  Trust Fund under this section shall be used to provide financial
  208  support to verified trauma centers to ensure the availability
  209  and accessibility of trauma services throughout the state and
  210  shall be allocated as follows:
  211         (a) Twenty-five percent shall be allocated equally among
  212  all Level I, Level II, and pediatric trauma centers in
  213  recognition of readiness costs for maintaining trauma services.
  214         (b) Twenty-five percent shall be allocated among Level I,
  215  Level II, and pediatric trauma centers based on each center’s
  216  relative volume of trauma cases as reported in the Department of
  217  Health Trauma Registry.
  218         (c) Twenty-five percent shall be transferred to the
  219  Emergency Medical Services Trust Fund and used by the Department
  220  of Health for making matching grants to emergency medical
  221  services organizations as defined in s. 401.107.
  222         (d) Twenty-five percent shall be transferred to the
  223  Emergency Medical Services Trust Fund and made available to
  224  rural emergency medical services as defined in s. 401.107, and
  225  shall be used solely to improve and expand prehospital emergency
  226  medical services in this state. Additionally, these moneys may
  227  be used for the improvement, expansion, or continuation of
  228  services provided.
  229         Section 7. For the purpose of incorporating the amendments
  230  made by this act to section 316.1923, Florida Statutes, in a
  231  reference thereto, paragraph (a) of subsection (1) of section
  232  316.650, Florida Statutes, is reenacted to read:
  233         316.650 Traffic citations.—
  234         (1)(a) The department shall prepare and supply to every
  235  traffic enforcement agency in this state an appropriate form
  236  traffic citation that contains a notice to appear, is issued in
  237  prenumbered books, meets the requirements of this chapter or any
  238  laws of this state regulating traffic, and is consistent with
  239  the state traffic court rules and the procedures established by
  240  the department. The form shall include a box that is to be
  241  checked by the law enforcement officer when the officer believes
  242  that the traffic violation or crash was due to aggressive
  243  careless driving as defined in s. 316.1923. The form shall also
  244  include a box that is to be checked by the law enforcement
  245  officer when the officer writes a uniform traffic citation for a
  246  violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
  247  the driver failing to stop at a traffic signal.
  248         Section 8. Subsection (4) of section 318.1451, Florida
  249  Statutes, is amended to read:
  250         318.1451 Driver improvement schools.—
  251         (4)(a) In addition to a regular course fee, an assessment
  252  fee in the amount of $2.50 shall be collected by the school from
  253  each person who elects to attend a course, as it relates to ss.
  254  318.14(9), 322.0261, 322.291, and 627.06501, which shall be
  255  remitted to the Department of Highway Safety and Motor Vehicles
  256  and deposited in the Highway Safety Operating Trust Fund to
  257  administer this program and to fund the general operations of
  258  the department.
  259         (b) In addition to a regular course fee, an assessment fee
  260  in the amount of $2.50 shall be collected by the school from
  261  each person who attends a course, as it relates to 322.05(3),
  262  which shall be remitted to the Department of Highway Safety and
  263  Motor Vehicles and deposited in the Highway Safety Operating
  264  Trust Fund to fund the signage and educational requirements of
  265  section 3 of this act.
  266         Section 9. Section 318.19, Florida Statutes, is amended to
  267  read:
  268         318.19 Infractions requiring a mandatory hearing.—Any
  269  person cited for the infractions listed in this section shall
  270  not have the provisions of s. 318.14(2), (4), and (9) available
  271  to him or her but must appear before the designated official at
  272  the time and location of the scheduled hearing:
  273         (1) Any infraction which results in a crash that causes the
  274  death of another;
  275         (2) Any infraction which results in a crash that causes
  276  “serious bodily injury” of another as defined in s. 316.1933(1);
  277         (3) Any infraction of s. 316.172(1)(b);
  278         (4) Any infraction of s. 316.520(1) or (2); or
  279         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  280  316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
  281         (6) A second or subsequent infraction of s. 316.1923(1).
  282         Section 10. Subsection (3) of section 322.05, Florida
  283  Statutes, is amended to read:
  284         322.05 Persons not to be licensed.—The department may not
  285  issue a license:
  286         (3) To a person who is at least 16 years of age but who is
  287  under 19 18 years of age, unless:
  288         (a) The person provides proof of successfully completing a
  289  basic driver improvement course that meets the requirements of
  290  s. 318.1451 within 3 months before the date the person applied
  291  for licensure; and
  292         (b) The parent, guardian, or other responsible adult
  293  meeting the requirements of s. 322.09 certifies that he or she,
  294  or another licensed driver 21 years of age or older, has
  295  accompanied the applicant for a total of not less than 50 hours’
  296  behind-the-wheel experience, of which not less than 10 hours
  297  must be at night. This paragraph subsection is not intended to
  298  create a private cause of action as a result of the
  299  certification. The certification is inadmissible for any purpose
  300  in any civil proceeding.
  301  
  302  Paragraph (a) does not apply to a person who has been licensed
  303  in any other jurisdiction or who has satisfactorily completed a
  304  Department of Education driver’s education course offered
  305  pursuant to s. 1003.48.
  306         Section 11. Section 335.199, Florida Statutes, is created
  307  to read:
  308         335.199 Transportation projects modifying access to
  309  adjacent property.—
  310         (1) Whenever the Department of Transportation proposes any
  311  project on the State Highway System which will divide a state
  312  highway, erect median barriers modifying currently available
  313  vehicle turning movements, or have the effect of closing or
  314  modifying an existing access to an abutting property owner, the
  315  department shall notify all affected property owners,
  316  municipalities, and counties at least 180 days before the design
  317  of the project is finalized. The department’s notice shall
  318  provide a written explanation regarding the need for the project
  319  and indicate that all affected parties will be given an
  320  opportunity to provide comments to the department regarding
  321  potential impacts of the change.
  322         (2)(a) If the project is within the boundaries of a
  323  municipality, the notification shall be issued in writing to the
  324  chief elected official of the municipality. If the project is in
  325  the unincorporated area of a county, the notification shall be
  326  issued in writing to the chief elected official of the county.
  327         (b) The department must also consult with the applicable
  328  local government on its final design proposal if the department
  329  intends to divide a state highway, erect median barriers, or
  330  close or modify existing access to abutting commercial business
  331  properties. The local government may present the department with
  332  alternatives that relieve impacts to such business properties.
  333         (3) The department shall hold at least one public hearing
  334  in the jurisdiction where the project is located and receive
  335  public input to determine how the project will affect access to
  336  businesses and the potential economic impact of the project on
  337  the local business community.
  338         (4) The department must review all comments from the public
  339  hearing and take the comments and any alternatives presented by
  340  a local government under subsection (2) into consideration in
  341  the final design of the highway project.
  342         Section 12. Subsection (83) of section 316.003, Florida
  343  Statutes, is amended to read:
  344         316.003 Definitions.—The following words and phrases, when
  345  used in this chapter, shall have the meanings respectively
  346  ascribed to them in this section, except where the context
  347  otherwise requires:
  348         (83) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.—Any self
  349  balancing, two-nontandem-wheeled device, designed to transport
  350  only one person, with an electric propulsion system with average
  351  power of no more than 750 watts (1 horsepower), the maximum
  352  speed of which, on a paved level surface when powered solely by
  353  such a propulsion system while being ridden by an operator who
  354  weighs 170 pounds, is less than 20 miles per hour. Electric
  355  personal assistive mobility devices are not vehicles as defined
  356  in this section.
  357         Section 13. Subsection (7) is added to section 316.008,
  358  Florida Statutes, to read:
  359         316.008 Powers of local authorities.—
  360         (7) A county or municipality may enact an ordinance to
  361  permit, control, or regulate the operation of vehicles, golf
  362  carts, mopeds, motorized scooters, and electric personal
  363  assistive mobility devices on sidewalks or sidewalk areas when
  364  such use is permissible under federal law. The ordinance must
  365  restrict such vehicles or devices to a maximum speed of 15 miles
  366  per hour in such areas, when such use is permitted under federal
  367  law.
  368         Section 14. Section 316.1995, Florida Statutes, is amended
  369  to read:
  370         316.1995 Driving upon sidewalk or bicycle path.—
  371         (1) Except as provided in s. 316.008 or s. 316.212(8), a No
  372  person may not shall drive any vehicle other than by human power
  373  upon a bicycle path, sidewalk, or sidewalk area, except upon a
  374  permanent or duly authorized temporary driveway.
  375         (2) A violation of this section is a noncriminal traffic
  376  infraction, punishable as a moving violation as provided in
  377  chapter 318.
  378         (3) This section does not apply to motorized wheelchairs.
  379         Section 15. Subsection (8) of section 316.212, Florida
  380  Statutes, is amended to read:
  381         316.212 Operation of golf carts on certain roadways.—The
  382  operation of a golf cart upon the public roads or streets of
  383  this state is prohibited except as provided herein:
  384         (8) A local governmental entity may enact an ordinance
  385  relating to:
  386         (a)Regarding Golf cart operation and equipment which is
  387  more restrictive than those enumerated in this section. Upon
  388  enactment of such ordinance, the local governmental entity shall
  389  post appropriate signs or otherwise inform the residents that
  390  such an ordinance exists and that it will be enforced within the
  391  local government’s jurisdictional territory. An ordinance
  392  referred to in this section must apply only to an unlicensed
  393  driver.
  394         (b) Golf cart operation on sidewalks adjacent to specific
  395  segments of municipal streets, county roads, or state highways
  396  within the jurisdictional territory of the local governmental
  397  entity if:
  398         1. The local governmental entity determines, after
  399  considering the condition and current use of the sidewalks, the
  400  character of the surrounding community, and the locations of
  401  authorized golf cart crossings, that golf carts, bicycles, and
  402  pedestrians may safely share the sidewalk;
  403         2. The local governmental entity consults with the
  404  Department of Transportation before adopting the ordinance;
  405         3. The ordinance restricts golf carts to a maximum speed of
  406  15 miles per hour and permits such use on sidewalks adjacent to
  407  state highways only if the sidewalks are at least 8 feet wide;
  408         4. The ordinance requires the golf carts to meet the
  409  equipment requirements in subsection (6). However, the ordinance
  410  may require additional equipment, including horns or other
  411  warning devices required by s. 316.271; and
  412         5. The local governmental entity posts appropriate signs or
  413  otherwise informs residents that the ordinance exists and
  414  applies to such sidewalks.
  415         Section 16. Section 316.2128, Florida Statutes, is amended
  416  to read:
  417         316.2128 Operation of motorized scooters and miniature
  418  motorcycles; requirements for sales.—
  419         (1) A person who engages in the business of, serves in the
  420  capacity of, or acts as a commercial seller of motorized
  421  scooters or miniature motorcycles in this state must prominently
  422  display at his or her place of business a notice that such
  423  vehicles are not legal to operate on public roads, or sidewalks
  424  and may not be registered as motor vehicles, and may not be
  425  operated on sidewalks unless authorized by an ordinance enacted
  426  pursuant to s. 316.008(7) or s. 316.212(8). The required notice
  427  must also appear in all forms of advertising offering motorized
  428  scooters or miniature motorcycles for sale. The notice and a
  429  copy of this section must also be provided to a consumer prior
  430  to the consumer’s purchasing or becoming obligated to purchase a
  431  motorized scooter or a miniature motorcycle.
  432         (2) Any person selling or offering a motorized scooter or a
  433  miniature motorcycle for sale in violation of this section
  434  commits an unfair and deceptive trade practice as defined in
  435  part II of chapter 501.
  436         Section 17. Section 319.241, Florida Statutes, is amended
  437  to read:
  438         319.241 Removal of lien from records.—The owner of a motor
  439  vehicle or mobile home upon which a lien has been filed with the
  440  department or noted upon a certificate of title for a period of
  441  5 years may apply to the department in writing for such lien to
  442  be removed from the department files or from the certificate of
  443  title. The application shall be accompanied by evidence
  444  satisfactory to the department that the applicant has notified
  445  the lienholder by certified mail, not less than 20 days prior to
  446  the date of the application, of his or her intention to apply to
  447  the department for removal of the lien. Ten days after receipt
  448  of the application, the department may remove the lien from its
  449  files or from the certificate of title, as the case may be, if
  450  no statement in writing protesting removal of the lien is
  451  received by the department from the lienholder within the 10-day
  452  period. If, however, the lienholder files with the department
  453  within the 10-day period a written statement that the lien is
  454  still outstanding, the department shall not remove the lien
  455  until the lienholder presents a satisfaction of lien to the
  456  department. Ten days after the receipt of an application for a
  457  derelict motor vehicle certificate and notification to the
  458  lienholder, the department may remove the lien from the derelict
  459  motor vehicle record if a written statement protesting removal
  460  of the lien is not received by the department from the
  461  lienholder within the 10-day period.
  462         Section 18. Subsections (1) and (2), paragraph (b) of
  463  subsection (3), paragraph (a) of subsection (7), and subsection
  464  (8) of section 319.30, Florida Statutes, are amended to read:
  465         319.30 Definitions; dismantling, destruction, change of
  466  identity of motor vehicle or mobile home; salvage.—
  467         (1) As used in this section, the term:
  468         (a) “Certificate of destruction” means the certificate
  469  issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
  470         (b) “Certificate of registration number” means the
  471  certificate of registration number issued by the Department of
  472  Revenue of the State of Florida pursuant to s. 538.25.
  473         (c) “Certificate of title” means a record that serves as
  474  evidence of ownership of a vehicle, whether such record is a
  475  paper certificate authorized by the department or by a motor
  476  vehicle department authorized to issue titles in another state
  477  or a certificate consisting of information stored in electronic
  478  form in the department’s database.
  479         (d) “Derelict” means any material which is or may have been
  480  a motor vehicle or mobile home, which is not a major part or
  481  major component part, which is inoperable, and which is in such
  482  condition that its highest or primary value is in its sale or
  483  transfer as scrap metal.
  484         (e) “Derelict motor vehicle” means:
  485         1. Any motor vehicle as defined in s. 320.01(1) or mobile
  486  home as defined in s. 320.01(2), with or without all parts,
  487  major parts, or major component parts, which is valued under
  488  $1,000, is at least 10 model years old, beginning with the model
  489  year of the vehicle as year one, and is in such condition that
  490  its highest or primary value is for sale, transport, or delivery
  491  to a licensed salvage motor vehicle dealer or registered
  492  secondary metals recycler for dismantling its component parts or
  493  conversion to scrap metal; or
  494         2. Any trailer as defined in s. 320.01(1), with or without
  495  all parts, major parts, or major component parts, which is
  496  valued under $5,000, is at least 10 model years old, beginning
  497  with the model year of the vehicle as year one, and is in such
  498  condition that its highest or primary value is for sale,
  499  transport, or delivery to a licensed salvage motor vehicle
  500  dealer or registered secondary metals recycler for conversion to
  501  scrap metal.
  502         (f) “Derelict motor vehicle certificate” means a
  503  certificate issued by the department which serves as evidence
  504  that a derelict motor vehicle will be dismantled or converted to
  505  scrap metal. This certificate may be obtained by completing a
  506  derelict motor vehicle certificate application authorized by the
  507  department. completed by the derelict motor vehicle owner, the
  508  owner’s authorized transporter when different from the owner,
  509  and the licensed salvage motor vehicle dealer or the registered
  510  secondary metals recycler and submitted to the department for
  511  cancellation of the title record of the derelict motor vehicle.
  512  A derelict motor vehicle certificate may be reassigned only one
  513  time if the derelict motor vehicle certificate was completed by
  514  a licensed salvage motor vehicle dealer and the derelict motor
  515  vehicle was sold to another licensed salvage motor vehicle
  516  dealer or a secondary metals recycler.
  517         (g) “Junk” means any material which is or may have been a
  518  motor vehicle or mobile home, with or without all component
  519  parts, which is inoperable and which material is in such
  520  condition that its highest or primary value is either in its
  521  sale or transfer as scrap metal or for its component parts, or a
  522  combination of the two, except when sold or delivered to or when
  523  purchased, possessed, or received by a secondary metals recycler
  524  or salvage motor vehicle dealer.
  525         (h) “Major component parts” means:
  526         1. For motor vehicles other than motorcycles, any fender
  527  the front-end assembly (fenders, hood, grill, and bumper), cowl
  528  assembly, rear body section (both quarter panel panels, trunk
  529  lid, door, decklid, and bumper), floor pan, door assemblies,
  530  engine, frame, transmission, catalytic converter, or and airbag.
  531         2. For trucks, in addition to those parts listed in
  532  subparagraph 1., any truck bed, including dump, wrecker, crane,
  533  mixer, cargo box, or any bed which mounts to a truck frame.
  534         3. For motorcycles, the body assembly, frame, fenders, gas
  535  tanks, engine, cylinder block, heads, engine case, crank case,
  536  transmission, drive train, front fork assembly, and wheels.
  537         4. For mobile homes, the frame.
  538         (i) “Major part” means the front-end assembly, cowl
  539  assembly, or rear body section.
  540         (j) “Materials” means motor vehicles, derelicts, and major
  541  parts that are not prepared materials.
  542         (k) “Mobile home” means mobile home as defined in s.
  543  320.01(2).
  544         (l) “Motor vehicle” means motor vehicle as defined in s.
  545  320.01(1).
  546         (m) “Parts” means parts of motor vehicles or combinations
  547  thereof that do not constitute materials or prepared materials.
  548         (n) “Personal identification card” means personal
  549  identification card as defined in s. 538.18(5).
  550         (n)(o) “Prepared materials” means motor vehicles, mobile
  551  homes, derelict motor vehicles, major parts, or parts that have
  552  been processed by mechanically flattening or crushing, or
  553  otherwise processed such that they are not the motor vehicle or
  554  mobile home described in the certificate of title, or their only
  555  value is as scrap metal.
  556         (o)(p) “Processing” means the business of performing the
  557  manufacturing process by which ferrous metals or nonferrous
  558  metals are converted into raw material products consisting of
  559  prepared grades and having an existing or potential economic
  560  value, or the purchase of materials, prepared materials, or
  561  parts therefor.
  562         (p)(q) “Recreational vehicle” means a motor vehicle as
  563  defined in s. 320.01(1).
  564         (q)(r) “Salvage” means a motor vehicle or mobile home which
  565  is a total loss as defined in paragraph (3)(a).
  566         (r)(s) “Salvage certificate of title” means a salvage
  567  certificate of title issued by the department or by another
  568  motor vehicle department authorized to issue titles in another
  569  state.
  570         (s)(t) “Salvage motor vehicle dealer” means salvage motor
  571  vehicle dealer as defined in s. 320.27(1)(c)5.
  572         (t)(u) “Secondary metals recycler” means secondary metals
  573  recycler as defined in s. 538.18(8).
  574         (u) “Seller” means the owner of record or a person who has
  575  physical possession and responsibility for a derelict motor
  576  vehicle and attests that possession of the vehicle was obtained
  577  through lawful means along with all ownership rights. A seller
  578  does not include a towing company, repair shop, or landlord
  579  unless the towing company, repair shop, or landlord has obtained
  580  title, salvage title, or a certificate of destruction in the
  581  name of the towing company, repair shop, or landlord.
  582         (2)(a) Each person mentioned as owner in the last issued
  583  certificate of title, when such motor vehicle or mobile home is
  584  dismantled, destroyed, or changed in such manner that it is not
  585  the motor vehicle or mobile home described in the certificate of
  586  title, shall surrender his or her certificate of title to the
  587  department, and thereupon the department shall, with the consent
  588  of any lienholders noted thereon, enter a cancellation upon its
  589  records. Upon cancellation of a certificate of title in the
  590  manner prescribed by this section, the department may cancel and
  591  destroy all certificates in that chain of title. Any person who
  592  knowingly willfully and deliberately violates this paragraph
  593  commits a misdemeanor of the second degree, punishable as
  594  provided in s. 775.082 or s. 775.083.
  595         (b)1. When a motor vehicle, recreational vehicle, or mobile
  596  home is sold, transported, or delivered to, or received by a
  597  salvage motor vehicle dealer, it shall be accompanied by:
  598         a. A valid certificate of title issued in the name of the
  599  seller or properly endorsed, as required in s. 319.22, over to
  600  the seller;
  601         b. A valid salvage certificate of title issued in the name
  602  of the seller or properly endorsed, as required in s. 319.22,
  603  over to the seller; or
  604         c. A valid certificate of destruction issued in the name of
  605  the seller or properly endorsed over to the seller.
  606         2. Any person who knowingly willfully and deliberately
  607  violates this paragraph by selling, transporting, delivering,
  608  purchasing, or receiving a motor vehicle, recreational vehicle,
  609  or mobile home without obtaining a properly endorsed certificate
  610  of title, salvage certificate of title, or certificate of
  611  destruction from the owner commits a felony of the third degree,
  612  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  613         (c)1. When a derelict motor vehicle is sold, transported,
  614  or delivered to a licensed salvage motor vehicle dealer, the
  615  purchaser shall record the date of purchase and the name,
  616  address, and valid Florida driver’s license number or valid
  617  Florida identification card number, or a valid driver’s license
  618  number or identification card number issued by another state,
  619  personal identification card number of the person selling the
  620  derelict motor vehicle, and it shall be accompanied by:
  621         a. A valid certificate of title issued in the name of the
  622  seller or properly endorsed over to the seller;
  623         b. A valid salvage certificate of title issued in the name
  624  of the seller or properly endorsed over to the seller; or
  625         c. A valid certificate of destruction issued in the name of
  626  the seller or properly endorsed over to the seller.
  627         2. If a valid the certificate of title, salvage certificate
  628  of title, or certificate of destruction is not available, a
  629  derelict motor vehicle certificate application shall be
  630  completed by the seller or owner of the motor vehicle or mobile
  631  home, the seller’s or owner’s authorized transporter, and the
  632  licensed salvage motor vehicle dealer at the time of sale,
  633  transport, or delivery to the licensed salvage motor vehicle
  634  dealer. The derelict motor vehicle certificate application shall
  635  be used by the seller or owner, the seller’s or owner’s
  636  authorized transporter, and the licensed salvage motor vehicle
  637  dealer to obtain a derelict motor vehicle certificate from the
  638  department. The derelict motor vehicle certificate application
  639  must be accompanied by a legible copy of the seller’s or owner’s
  640  valid Florida driver’s license or Florida identification card,
  641  or a valid driver’s license or identification card issued by
  642  another state. If the seller is not the owner of record of the
  643  vehicle being sold, the dealer shall, at the time of sale,
  644  acquire a smudge-free right thumbprint, or other digit if the
  645  seller has no right thumb, of the seller is imprinted upon the
  646  derelict motor vehicle certificate application and that a
  647  legible copy of the seller’s driver’s license or identification
  648  card is affixed to the application and transmitted to the
  649  department. The licensed salvage motor vehicle dealer shall
  650  secure the derelict motor vehicle or mobile home for 3 full
  651  business days, excluding weekends and holidays, if there is no
  652  active lien or a lien of 3 years or more on the department’s
  653  records before destroying or dismantling the derelict motor
  654  vehicle and shall follow all reporting procedures established by
  655  the department, including electronic notification to the
  656  department or delivery of the original derelict motor vehicle
  657  certificate application to an agent of the department within 24
  658  hours after receiving the derelict motor vehicle. If there is an
  659  active lien of 3 years or less on the derelict motor vehicle,
  660  the licensed salvage motor vehicle dealer shall secure the
  661  derelict motor vehicle for 10 days. The department shall notify
  662  the lienholder that a derelict motor vehicle certificate has
  663  been issued and shall notify the lienholder of its intention to
  664  remove the lien. Ten days after receipt of the motor vehicle
  665  derelict certificate application, the department may remove the
  666  lien from its records if a written statement protesting removal
  667  of the lien is not received by the department from the
  668  lienholder within the 10-day period. However, if the lienholder
  669  files with the department and the licensed salvage motor vehicle
  670  dealer within the 10-day period a written statement that the
  671  lien is still outstanding, the department shall not remove the
  672  lien and shall place an administrative hold on the record for 30
  673  days to allow the lienholder to apply for title to the vehicle
  674  or a repossession certificate under s. 319.28. The licensed
  675  salvage motor vehicle dealer must secure the derelict motor
  676  vehicle until the department’s administrative stop is removed,
  677  the lienholder submits a lien satisfaction, or the lienholder
  678  takes possession of the vehicle.
  679         3. Any person who knowingly willfully and deliberately
  680  violates this paragraph by selling, transporting, delivering,
  681  purchasing, or receiving a derelict motor vehicle without
  682  obtaining a certificate of title, salvage certificate of title,
  683  certificate of destruction, or derelict motor vehicle
  684  certificate application; enters false or fictitious information
  685  on a derelict motor vehicle certificate application; does not
  686  complete the derelict motor vehicle certificate application as
  687  required; does not obtain a legible copy of the seller’s or
  688  owner’s valid driver’s license or identification card when
  689  required; or does not make the required notification to the
  690  department; or destroys or dismantles a derelict motor vehicle
  691  without waiting the required time as set forth in subparagraph
  692  2. 3 full business days commits a felony of the third degree,
  693  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  694         (3)
  695         (b) The owner, including persons who are self-insured, of
  696  any motor vehicle or mobile home which is considered to be
  697  salvage shall, within 72 hours after the motor vehicle or mobile
  698  home becomes salvage, forward the title to the motor vehicle or
  699  mobile home to the department for processing. However, an
  700  insurance company which pays money as compensation for total
  701  loss of a motor vehicle or mobile home shall obtain the
  702  certificate of title for the motor vehicle or mobile home and,
  703  within 72 hours after receiving such certificate of title, shall
  704  forward such title to the department for processing. The owner
  705  or insurance company, as the case may be, may not dispose of a
  706  vehicle or mobile home that is a total loss before it has
  707  obtained a salvage certificate of title or certificate of
  708  destruction from the department. When applying for a salvage
  709  certificate of title or certificate of destruction, the owner or
  710  insurance company must provide the department with an estimate
  711  of the costs of repairing the physical and mechanical damage
  712  suffered by the vehicle for which a salvage certificate of title
  713  or certificate of destruction is sought. If the estimated costs
  714  of repairing the physical and mechanical damage to the vehicle
  715  are equal to 80 percent or more of the current retail cost of
  716  the vehicle, as established in any official used car or used
  717  mobile home guide, the department shall declare the vehicle
  718  unrebuildable and print a certificate of destruction, which
  719  authorizes the dismantling or destruction of the motor vehicle
  720  or mobile home described therein. However, if the damaged motor
  721  vehicle is equipped with custom-lowered floors for wheelchair
  722  access or a wheelchair lift, the insurance company may, upon
  723  determining that the vehicle is repairable to a condition that
  724  is safe for operation on public roads, submit the certificate of
  725  title to the department for reissuance as a salvage rebuildable
  726  title and the addition of a title brand of “insurance-declared
  727  total loss.” The certificate of destruction shall be
  728  reassignable a maximum of two times before dismantling or
  729  destruction of the vehicle shall be required, and shall
  730  accompany the motor vehicle or mobile home for which it is
  731  issued, when such motor vehicle or mobile home is sold for such
  732  purposes, in lieu of a certificate of title, and, thereafter,
  733  the department shall refuse issuance of any certificate of title
  734  for that vehicle. Nothing in this subsection shall be applicable
  735  when a vehicle is worth less than $1,500 retail in undamaged
  736  condition in any official used motor vehicle guide or used
  737  mobile home guide or when a stolen motor vehicle or mobile home
  738  is recovered in substantially intact condition and is readily
  739  resalable without extensive repairs to or replacement of the
  740  frame or engine. Any person who knowingly willfully and
  741  deliberately violates this paragraph or falsifies any document
  742  to avoid the requirements of this paragraph commits a
  743  misdemeanor of the first degree, punishable as provided in s.
  744  775.082 or s. 775.083.
  745         (7)(a) In the event of a purchase by a secondary metals
  746  recycler, that has been issued a certificate of registration
  747  number, of:
  748         1. Materials, prepared materials, or parts from any seller
  749  for purposes other than the processing of such materials,
  750  prepared materials, or parts, the purchaser shall obtain such
  751  documentation as may be required by this section and shall
  752  record the seller’s name and address, date of purchase, and the
  753  personal identification card number of the person delivering
  754  such items.
  755         2. Parts or prepared materials from any seller for purposes
  756  of the processing of such parts or prepared materials, the
  757  purchaser shall record the seller’s name and address and date of
  758  purchase and, in the event of a purchase transaction consisting
  759  primarily of parts or prepared materials, the personal
  760  identification card number of the person delivering such items.
  761         3. Materials from another secondary metals recycler for
  762  purposes of the processing of such materials, the purchaser
  763  shall record the seller’s name and address and date of purchase.
  764         4.a. Motor vehicles, recreational vehicles, mobile homes,
  765  or derelict motor vehicles from other than a secondary metals
  766  recycler for purposes of the processing of such motor vehicles,
  767  recreational vehicles, mobile homes, or derelict motor vehicles,
  768  the purchaser shall record the date of purchase and the name,
  769  address, and personal identification card number of the person
  770  selling such items and shall obtain the following documentation
  771  from the seller with respect to each item purchased:
  772         (I) A valid certificate of title issued in the name of the
  773  seller or properly endorsed, as required in s. 319.22, over to
  774  the seller;
  775         (II) A valid salvage certificate of title issued in the
  776  name of the seller or properly endorsed, as required in s.
  777  319.22, over to the seller;
  778         (III)(II) A valid certificate of destruction issued in the
  779  name of the seller or properly endorsed over to the seller; or
  780         (IV)(III) A valid derelict motor vehicle certificate
  781  obtained from the department completed by a licensed salvage
  782  motor vehicle dealer and properly reassigned to the secondary
  783  metals recycler.
  784         b. If a valid certificate of title, salvage certificate of
  785  title, certificate of destruction, or derelict motor vehicle
  786  certificate is not available and the motor vehicle or mobile
  787  home is a derelict motor vehicle, a derelict motor vehicle
  788  certificate application shall be completed by the seller or
  789  owner of the motor vehicle or mobile home, the seller’s or
  790  owner’s authorized transporter, and the registered secondary
  791  metals recycler at the time of sale, transport, or delivery to
  792  the registered secondary metals recycler to obtain a derelict
  793  motor vehicle certificate from the department. The derelict
  794  motor vehicle certificate application must be accompanied by a
  795  legible copy of the seller’s or owner’s valid Florida driver’s
  796  license or Florida identification card, or a valid driver’s
  797  license or identification card from another state. If the seller
  798  is not the owner of record of the vehicle being sold, the
  799  recycler shall, at the time of sale, acquire a smudge-free right
  800  thumbprint, or other digit if the seller has no right thumb, of
  801  the seller is imprinted upon the derelict motor vehicle
  802  certificate application, and that the legible copy of the
  803  seller’s driver’s license or identification card is affixed to
  804  the application and transmitted to the department. The derelict
  805  motor vehicle certificate shall be used by the owner, the
  806  owner’s authorized transporter, and the registered secondary
  807  metals recycler. The registered secondary metals recycler shall
  808  secure the derelict motor vehicle for 3 full business days,
  809  excluding weekends and holidays, if there is no active lien or a
  810  lien of 3 years or more on the department’s records before
  811  destroying or dismantling the derelict motor vehicle and shall
  812  follow all reporting procedures established by the department,
  813  including electronic notification to the department or delivery
  814  of the original derelict motor vehicle certificate application
  815  to an agent of the department within 24 hours after receiving
  816  the derelict motor vehicle. If there is an active lien of 3
  817  years or less on the derelict motor vehicle, the registered
  818  secondary metals recycler shall secure the derelict motor
  819  vehicle for 10 days. The department shall notify the lienholder
  820  of the application for a derelict motor vehicle certificate and
  821  shall notify the lienholder of its intention to remove the lien.
  822  Ten days after receipt of the motor vehicle derelict
  823  application, the department may remove the lien from its records
  824  if a written statement protesting removal of the lien is not
  825  received by the department from the lienholder within the 10-day
  826  period. However, if the lienholder files with the department and
  827  the registered secondary metals recycler within the 10-day
  828  period a written statement that the lien is still outstanding,
  829  the department shall not remove the lien and shall place an
  830  administrative hold on the record for 30 days to allow the
  831  lienholder to apply for title to the vehicle or a repossession
  832  certificate under s. 319.28. The registered secondary metals
  833  recycler must secure the derelict motor vehicle until the
  834  department’s administrative stop is removed, the lienholder
  835  submits a lien satisfaction, or the lienholder takes possession
  836  of the vehicle.
  837         c. Any person who knowingly willfully and deliberately
  838  violates this subparagraph by selling, transporting, delivering,
  839  purchasing, or receiving a motor vehicle, recreational motor
  840  vehicle, mobile home, or derelict motor vehicle without
  841  obtaining a certificate of title, salvage certificate of title,
  842  certificate of destruction, or derelict motor vehicle
  843  certificate; enters false or fictitious information on a
  844  derelict motor vehicle certificate application; does not
  845  complete the derelict motor vehicle certificate application as
  846  required or does not make the required notification to the
  847  department; does not obtain a legible copy of the seller’s or
  848  owner’s driver’s license or identification card when required;
  849  or destroys or dismantles a derelict motor vehicle without
  850  waiting the required time as set forth in sub-subparagraph b. 3
  851  full business days commits a felony of the third degree,
  852  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  853         5. Major parts from other than a secondary metals recycler
  854  for purposes of the processing of such major parts, the
  855  purchaser shall record the seller’s name, address, date of
  856  purchase, and the personal identification card number of the
  857  person delivering such items, as well as the vehicle
  858  identification number, if available, of each major part
  859  purchased.
  860         (8)(a) Secondary metals recyclers and salvage motor vehicle
  861  dealers shall return to the department on a monthly basis all
  862  certificates of title and salvage certificates of title that are
  863  required by this section to be obtained. Secondary metals
  864  recyclers and salvage motor vehicle dealers may elect to notify
  865  the department electronically through procedures established by
  866  the department when they receive each motor vehicle or mobile
  867  home, salvage motor vehicle or mobile home, or derelict motor
  868  vehicle with a certificate of title or salvage certificate of
  869  title through procedures established by the department. The
  870  department may adopt rules and establish fees as it deems
  871  necessary or proper for the administration of the electronic
  872  notification service.
  873         (b) Secondary metals recyclers and salvage motor vehicle
  874  dealers shall keep originals, or a copy in the event the
  875  original was returned to the department, of all certificates of
  876  title, salvage certificates of title, certificates of
  877  destruction, derelict motor vehicle certificates, and all other
  878  information required by this section to be recorded or obtained,
  879  on file in the offices of such secondary metals recyclers or
  880  salvage motor vehicle dealers for a period of 3 years after the
  881  date of purchase of the items reflected in such certificates of
  882  title, salvage certificates of title, certificates of
  883  destruction, or derelict motor vehicle certificates. These
  884  records shall be maintained in chronological order.
  885         (c) For the purpose of enforcement of this section, the
  886  department or its agents and employees have the same right of
  887  inspection as law enforcement officers as provided in s.
  888  812.055.
  889         (d) Whenever the department, its agent or employee, or any
  890  law enforcement officer has reason to believe that a stolen or
  891  fraudulently titled motor vehicle, mobile home, recreational
  892  vehicle, salvage motor vehicle, or derelict motor vehicle is in
  893  the possession of a salvage motor vehicle dealer or secondary
  894  metals recycler, the department, its agent or employee, or the
  895  law enforcement officer may issue an extended a hold notice, not
  896  to exceed 5 additional business days, excluding weekends and
  897  holidays, to the salvage motor vehicle dealer or registered
  898  secondary metals recycler.
  899         (e) Whenever a salvage motor vehicle dealer or registered
  900  secondary metals recycler is notified by the department, its
  901  agent or employee, or any law enforcement officer to hold a
  902  motor vehicle, mobile home, recreational vehicle, salvage motor
  903  vehicle, or derelict motor vehicle that is believed to be stolen
  904  or fraudulently titled, the salvage motor vehicle dealer or
  905  registered secondary metals recycler shall hold the motor
  906  vehicle, mobile home, recreational vehicle, salvage motor
  907  vehicle, or derelict motor vehicle and may not dismantle or
  908  destroy the motor vehicle, mobile home, recreational vehicle,
  909  salvage motor vehicle, or derelict motor vehicle until it is
  910  recovered by a law enforcement officer, the hold is released by
  911  the department or the law enforcement officer placing the hold,
  912  or the extended 5 additional business working days have passed
  913  since being notified of the hold.
  914         (f) This section does not authorize any person who is
  915  engaged in the business of recovering, towing, or storing
  916  vehicles pursuant to s. 713.78, and who is claiming a lien for
  917  performing labor or services on a motor vehicle or mobile home
  918  pursuant to s. 713.58, or is claiming that a motor vehicle or
  919  mobile home has remained on any premises after tenancy has
  920  terminated pursuant to s. 715.104, to use a derelict motor
  921  vehicle certificate application for the purpose of transporting,
  922  selling, disposing, or delivering of a motor vehicle at a
  923  salvage motor vehicle dealer or metal recycler without obtaining
  924  the title or certificate of destruction required under s.
  925  713.58, s. 713.78, or s. 715.104.
  926         (g) The department shall accept all properly endorsed and
  927  completed derelict motor vehicle certificate applications and
  928  shall issue a derelict motor vehicle certificate having an
  929  effective date that authorizes when a derelict motor vehicle is
  930  eligible for dismantling or destruction. The electronic
  931  information obtained from the derelict motor vehicle certificate
  932  application shall be stored electronically and shall be made
  933  available to authorized persons after issuance of the derelict
  934  motor vehicle certificate in the Florida Real Time Vehicle
  935  Information System.
  936         (h)(f) The department is authorized to adopt rules pursuant
  937  to ss. 120.536(1) and 120.54 establishing policies and
  938  procedures to administer and enforce this section.
  939         (i)(g) The department shall charge a fee of $3 for each
  940  derelict motor vehicle certificate delivered to the department
  941  or one of its agents for processing and shall mark the title
  942  record canceled. A service charge may be collected under s.
  943  320.04.
  944         (j) The licensed salvage motor vehicle dealer or registered
  945  secondary metals recycler shall make all payments for the
  946  purchase of any derelict motor vehicle that is sold by a seller
  947  who is not the owner of record on file with the department by
  948  check or money order made payable to the seller and may not make
  949  payment to the authorized transporter. The licensed salvage
  950  motor vehicle dealer or registered secondary metals recycler may
  951  not cash the check that such dealer or recycler issued to the
  952  seller.
  953         Section 19. This act shall take effect October 1, 2010.


Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2020 State of Florida.