August 11, 2020
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       CS for CS for SB 482                            Second Engrossed
       
       
       
       
       
       
       
       
       2010482e2
       
    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. 318.19, F.S.; providing that a second or
   22         subsequent infraction as an aggressive careless driver
   23         requires attendance at a mandatory hearing; providing
   24         for the disposition of the increased penalties;
   25         creating s. 335.199, F.S.; directing the Department of
   26         Transportation to notify certain property owners and
   27         local governmental entities of certain proposed
   28         projects before finalizing the design of certain
   29         transportation projects; providing a timeframe for
   30         notification; requiring the department to hold a
   31         public hearing and receive public input regarding the
   32         effects of the project on local businesses; directing
   33         the department to consider the comments in the final
   34         design of the project; amending s. 316.003, F.S.;
   35         redefining the term “electric personal assistive
   36         mobility device” to include additional devices for
   37         transporting one person; amending s. 316.008, F.S.;
   38         authorizing local governments to regulate certain
   39         vehicles and other motorized devices operating on
   40         sidewalks; amending s. 316.1995, F.S.; conforming
   41         provisions to changes made by the act; exempting
   42         motorized wheelchairs from certain ordinances;
   43         amending s. 316.212, F.S.; authorizing local
   44         governments to enact ordinances permitting the use of
   45         golf carts on sidewalks; amending s. 316.2128, F.S.;
   46         conforming provisions relating to notices required to
   47         be displayed by certain sellers of motorized scooters
   48         and motorcycles; amending s. 319.241, F.S.; revising
   49         provisions relating to an application for the removal
   50         of a lien from the files of the Department of Highway
   51         Safety and Motor Vehicles or from the certificate of
   52         title; authorizing the department to remove the lien
   53         from its files within a specified period after
   54         receiving an application for a derelict motor vehicle
   55         certificate and notification to the lienholder, unless
   56         a written statement protesting such removal is
   57         received; amending s. 319.30, F.S.; revising certain
   58         definitions; revising requirements for disposition of
   59         a motor vehicle, recreational vehicle, or mobile home
   60         that is sold, transported, or delivered to a salvage
   61         motor vehicle dealer or a secondary metals recycler;
   62         requiring certificates of title to conform to
   63         specified provisions; providing for the dealer or
   64         recycler to apply to the Department of Highway Safety
   65         and Motor Vehicles for a derelict motor vehicle
   66         certificate if the certificate of title, salvage
   67         certificate of title, or certificate of destruction is
   68         not available; requiring the derelict motor vehicle
   69         certificate application to be completed by the seller
   70         or owner of the motor vehicle or mobile home, the
   71         seller’s or owner’s authorized transporter, or the
   72         dealer or recycler; requiring certain identification
   73         information be included with the application; revising
   74         the types of documentation that a secondary metals
   75         recycler must obtain; permitting recyclers to obtain
   76         salvage certificates of title from sellers or owners
   77         as a valid method of documentation; providing that a
   78         person engaged in the business of recovering, towing,
   79         or storing vehicles may not claim certain liens, claim
   80         that certain vehicles have remained on any premises
   81         after tenancy has terminated, or use the derelict
   82         motor vehicle certificate application to transport,
   83         sell, or dispose of a motor vehicle at a salvage motor
   84         vehicle dealer or metal recycler without otherwise
   85         obtaining title to the vehicle or a certificate of
   86         destruction; requiring that the department accept all
   87         properly endorsed and completed derelict motor vehicle
   88         certificate applications and issue such certification
   89         having an effective date that authorizes when the
   90         vehicle is eligible for dismantling or destruction;
   91         requiring that such electronic information be stored
   92         and made available to authorized persons; requiring
   93         that all licensed salvage motor vehicle dealers or
   94         registered secondary metals recyclers make all
   95         payments for the purchase of any derelict motor
   96         vehicle that is sold by a seller who is not the owner
   97         of record by check or money order; providing an
   98         effective date.
   99  
  100  Be It Enacted by the Legislature of the State of Florida:
  101  
  102         Section 1. This act may be cited as the “Highway Safety
  103  Act.”
  104         Section 2. The Legislature finds that road rage and
  105  aggressive careless driving are a growing threat to the health,
  106  safety, and welfare of the public. The intent of the Legislature
  107  is to reduce road rage and aggressive careless driving, reduce
  108  the incidence of drivers’ interfering with the movement of
  109  traffic, minimize crashes, and promote the orderly, free flow of
  110  traffic on the roads and highways of the state.
  111         Section 3. The Department of Highway Safety and Motor
  112  Vehicles shall provide information about the Highway Safety Act
  113  in all newly printed driver’s license educational materials
  114  after October 1, 2010.
  115         Section 4. Subsection (86) is added to section 316.003,
  116  Florida Statutes, to read:
  117         316.003 Definitions.—The following words and phrases, when
  118  used in this chapter, shall have the meanings respectively
  119  ascribed to them in this section, except where the context
  120  otherwise requires:
  121         (86) ROAD RAGE.—The act of a driver or passenger to
  122  intentionally or unintentionally, due to a loss of emotional
  123  control, injure or kill another driver, passenger, or
  124  pedestrian, or to attempt or threaten to injure or kill another
  125  driver, passenger, or pedestrian.
  126         Section 5. Present subsection (3) of section 316.083,
  127  Florida Statutes, is redesignated as subsection (4), and a new
  128  subsection (3) is added to that section, to read:
  129         316.083 Overtaking and passing a vehicle.—The following
  130  rules shall govern the overtaking and passing of vehicles
  131  proceeding in the same direction, subject to those limitations,
  132  exceptions, and special rules hereinafter stated:
  133         (3)(a) On roads, streets, or highways having two or more
  134  lanes that allow movement in the same direction, a driver may
  135  not continue to operate a motor vehicle in the furthermost left
  136  hand lane if the driver knows, or reasonably should know, that
  137  he or she is being overtaken in that lane from the rear by a
  138  motor vehicle traveling at a higher rate of speed.
  139         (b) Paragraph (a) does not apply to a driver operating a
  140  motor vehicle in the furthermost left-hand lane if:
  141         1. The driver is driving the legal speed limit and is not
  142  impeding the flow of traffic in the furthermost left-hand lane;
  143         2. The driver is in the process of overtaking a slower
  144  motor vehicle in the adjacent right-hand lane for the purpose of
  145  passing the slower moving vehicle so that the driver may move to
  146  the adjacent right-hand lane;
  147         3. Conditions make the flow of traffic substantially the
  148  same in all lanes or preclude the driver from moving to the
  149  adjacent right-hand lane;
  150         4. The driver’s movement to the adjacent right-hand lane
  151  could endanger the driver or other drivers;
  152         5. The driver is directed by a law enforcement officer,
  153  road sign, or road crew to remain in the furthermost left-hand
  154  lane; or
  155         6. The driver is preparing to make a left turn.
  156         (c)A driver who violates s. 316.183 and this subsection
  157  simultaneously shall receive a uniform traffic citation solely
  158  under s. 316.183.
  159         Section 6. Section 316.1923, Florida Statutes, is amended
  160  to read:
  161         316.1923 Aggressive careless driving.—
  162         (1) “Aggressive careless driving” means committing three
  163  two or more of the following acts simultaneously or in
  164  succession:
  165         (a)(1) Exceeding the posted speed as defined in s.
  166  322.27(3)(d)5.b.
  167         (b)(2) Unsafely or improperly changing lanes as defined in
  168  s. 316.085.
  169         (c)(3) Following another vehicle too closely as defined in
  170  s. 316.0895(1).
  171         (d)(4) Failing to yield the right-of-way as defined in s.
  172  316.079, s. 316.0815, or s. 316.123.
  173         (e)(5) Improperly passing or failing to yield to overtaking
  174  vehicles as defined in s. 316.083, s. 316.084, or s. 316.085.
  175         (f)(6) Violating traffic control and signal devices as
  176  defined in ss. 316.074 and 316.075.
  177         (2) Any person convicted of aggressive careless driving
  178  shall be cited for a moving violation and punished as provided
  179  in chapter 318, and by the accumulation of points as provided in
  180  s. 322.27, for each act of aggressive careless driving.
  181         (3) In addition to any fine or points administered under
  182  subsection (2), a person convicted of aggressive careless
  183  driving shall also pay:
  184         (a) Upon a first conviction, a fine of $100.
  185         (b) Upon a second or subsequent conviction, a fine of not
  186  less than $250 but not more than $500 and be subject to a
  187  mandatory hearing under s. 318.19.
  188         (4) The clerk of the court shall remit the moneys collected
  189  from the increased fine imposed by subsection (3) to the
  190  Department of Revenue for deposit into the Department of Health
  191  Administrative Trust Fund. Of the funds deposited into the
  192  Department of Health Administrative Trust Fund, $200,000 in the
  193  first year after this act takes effect, and $50,000 in the
  194  second and third years, shall be transferred to the Department
  195  of Highway Safety and Motor Vehicles General Revenue Fund to
  196  offset the cost of providing educational materials related to
  197  this act. All other funds deposited into the Administrative
  198  Trust Fund under this section shall be used to provide financial
  199  support to verified trauma centers to ensure the availability
  200  and accessibility of trauma services throughout the state and
  201  shall be allocated as follows:
  202         (a) Twenty-five percent shall be allocated equally among
  203  all Level I, Level II, and pediatric trauma centers in
  204  recognition of readiness costs for maintaining trauma services.
  205         (b) Twenty-five percent shall be allocated among Level I,
  206  Level II, and pediatric trauma centers based on each center’s
  207  relative volume of trauma cases as reported in the Department of
  208  Health Trauma Registry.
  209         (c) Twenty-five percent shall be transferred to the
  210  Emergency Medical Services Trust Fund and used by the Department
  211  of Health for making matching grants to emergency medical
  212  services organizations as defined in s. 401.107.
  213         (d) Twenty-five percent shall be transferred to the
  214  Emergency Medical Services Trust Fund and made available to
  215  rural emergency medical services as defined in s. 401.107, and
  216  shall be used solely to improve and expand prehospital emergency
  217  medical services in this state. Additionally, these moneys may
  218  be used for the improvement, expansion, or continuation of
  219  services provided.
  220         Section 7. For the purpose of incorporating the amendments
  221  made by this act to section 316.1923, Florida Statutes, in a
  222  reference thereto, paragraph (a) of subsection (1) of section
  223  316.650, Florida Statutes, is reenacted to read:
  224         316.650 Traffic citations.—
  225         (1)(a) The department shall prepare and supply to every
  226  traffic enforcement agency in this state an appropriate form
  227  traffic citation that contains a notice to appear, is issued in
  228  prenumbered books, meets the requirements of this chapter or any
  229  laws of this state regulating traffic, and is consistent with
  230  the state traffic court rules and the procedures established by
  231  the department. The form shall include a box that is to be
  232  checked by the law enforcement officer when the officer believes
  233  that the traffic violation or crash was due to aggressive
  234  careless driving as defined in s. 316.1923. The form shall also
  235  include a box that is to be checked by the law enforcement
  236  officer when the officer writes a uniform traffic citation for a
  237  violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
  238  the driver failing to stop at a traffic signal.
  239         Section 8. Section 318.19, Florida Statutes, is amended to
  240  read:
  241         318.19 Infractions requiring a mandatory hearing.—Any
  242  person cited for the infractions listed in this section shall
  243  not have the provisions of s. 318.14(2), (4), and (9) available
  244  to him or her but must appear before the designated official at
  245  the time and location of the scheduled hearing:
  246         (1) Any infraction which results in a crash that causes the
  247  death of another;
  248         (2) Any infraction which results in a crash that causes
  249  “serious bodily injury” of another as defined in s. 316.1933(1);
  250         (3) Any infraction of s. 316.172(1)(b);
  251         (4) Any infraction of s. 316.520(1) or (2); or
  252         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  253  316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
  254         (6)A second or subsequent infraction of s. 316.1923(1).
  255         Section 9. Section 335.199, Florida Statutes, is created to
  256  read:
  257         335.199 Transportation projects modifying access to
  258  adjacent property.—
  259         (1) Whenever the Department of Transportation proposes any
  260  project on the State Highway System which will divide a state
  261  highway, erect median barriers modifying currently available
  262  vehicle turning movements, or have the effect of closing or
  263  modifying an existing access to an abutting property owner, the
  264  department shall notify all affected property owners,
  265  municipalities, and counties at least 180 days before the design
  266  of the project is finalized. The department’s notice shall
  267  provide a written explanation regarding the need for the project
  268  and indicate that all affected parties will be given an
  269  opportunity to provide comments to the department regarding
  270  potential impacts of the change.
  271         (2)(a) If the project is within the boundaries of a
  272  municipality, the notification shall be issued in writing to the
  273  chief elected official of the municipality. If the project is in
  274  the unincorporated area of a county, the notification shall be
  275  issued in writing to the chief elected official of the county.
  276         (b) The department must also consult with the applicable
  277  local government on its final design proposal if the department
  278  intends to divide a state highway, erect median barriers, or
  279  close or modify existing access to abutting commercial business
  280  properties. The local government may present the department with
  281  alternatives that relieve impacts to such business properties.
  282         (3) The department shall hold at least one public hearing
  283  in the jurisdiction where the project is located and receive
  284  public input to determine how the project will affect access to
  285  businesses and the potential economic impact of the project on
  286  the local business community.
  287         (4) The department must review all comments from the public
  288  hearing and take the comments and any alternatives presented by
  289  a local government under subsection (2) into consideration in
  290  the final design of the highway project.
  291         Section 10. Subsection (83) of section 316.003, Florida
  292  Statutes, is amended to read:
  293         316.003 Definitions.—The following words and phrases, when
  294  used in this chapter, shall have the meanings respectively
  295  ascribed to them in this section, except where the context
  296  otherwise requires:
  297         (83) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.—Any self
  298  balancing, two-nontandem-wheeled device, designed to transport
  299  only one person, with an electric propulsion system with average
  300  power of no more than 750 watts (1 horsepower), the maximum
  301  speed of which, on a paved level surface when powered solely by
  302  such a propulsion system while being ridden by an operator who
  303  weighs 170 pounds, is less than 20 miles per hour. Electric
  304  personal assistive mobility devices are not vehicles as defined
  305  in this section.
  306         Section 11. Subsection (7) is added to section 316.008,
  307  Florida Statutes, to read:
  308         316.008 Powers of local authorities.—
  309         (7) A county or municipality may enact an ordinance to
  310  permit, control, or regulate the operation of vehicles, golf
  311  carts, mopeds, motorized scooters, and electric personal
  312  assistive mobility devices on sidewalks or sidewalk areas when
  313  such use is permissible under federal law. The ordinance must
  314  restrict such vehicles or devices to a maximum speed of 15 miles
  315  per hour in such areas, when such use is permitted under federal
  316  law.
  317         Section 12. Section 316.1995, Florida Statutes, is amended
  318  to read:
  319         316.1995 Driving upon sidewalk or bicycle path.—
  320         (1) Except as provided in s. 316.008 or s. 316.212(8), a No
  321  person may not shall drive any vehicle other than by human power
  322  upon a bicycle path, sidewalk, or sidewalk area, except upon a
  323  permanent or duly authorized temporary driveway.
  324         (2) A violation of this section is a noncriminal traffic
  325  infraction, punishable as a moving violation as provided in
  326  chapter 318.
  327         (3) This section does not apply to motorized wheelchairs.
  328         Section 13. Subsection (8) of section 316.212, Florida
  329  Statutes, is amended to read:
  330         316.212 Operation of golf carts on certain roadways.—The
  331  operation of a golf cart upon the public roads or streets of
  332  this state is prohibited except as provided herein:
  333         (8) A local governmental entity may enact an ordinance
  334  relating to:
  335         (a)Regarding Golf cart operation and equipment which is
  336  more restrictive than those enumerated in this section. Upon
  337  enactment of such ordinance, the local governmental entity shall
  338  post appropriate signs or otherwise inform the residents that
  339  such an ordinance exists and that it will be enforced within the
  340  local government’s jurisdictional territory. An ordinance
  341  referred to in this section must apply only to an unlicensed
  342  driver.
  343         (b) Golf cart operation on sidewalks adjacent to specific
  344  segments of municipal streets, county roads, or state highways
  345  within the jurisdictional territory of the local governmental
  346  entity if:
  347         1. The local governmental entity determines, after
  348  considering the condition and current use of the sidewalks, the
  349  character of the surrounding community, and the locations of
  350  authorized golf cart crossings, that golf carts, bicycles, and
  351  pedestrians may safely share the sidewalk;
  352         2. The local governmental entity consults with the
  353  Department of Transportation before adopting the ordinance;
  354         3. The ordinance restricts golf carts to a maximum speed of
  355  15 miles per hour and permits such use on sidewalks adjacent to
  356  state highways only if the sidewalks are at least 8 feet wide;
  357         4. The ordinance requires the golf carts to meet the
  358  equipment requirements in subsection (6). However, the ordinance
  359  may require additional equipment, including horns or other
  360  warning devices required by s. 316.271; and
  361         5. The local governmental entity posts appropriate signs or
  362  otherwise informs residents that the ordinance exists and
  363  applies to such sidewalks.
  364         Section 14. Section 316.2128, Florida Statutes, is amended
  365  to read:
  366         316.2128 Operation of motorized scooters and miniature
  367  motorcycles; requirements for sales.—
  368         (1) A person who engages in the business of, serves in the
  369  capacity of, or acts as a commercial seller of motorized
  370  scooters or miniature motorcycles in this state must prominently
  371  display at his or her place of business a notice that such
  372  vehicles are not legal to operate on public roads, or sidewalks
  373  and may not be registered as motor vehicles, and may not be
  374  operated on sidewalks unless authorized by an ordinance enacted
  375  pursuant to s. 316.008(7) or s. 316.212(8). The required notice
  376  must also appear in all forms of advertising offering motorized
  377  scooters or miniature motorcycles for sale. The notice and a
  378  copy of this section must also be provided to a consumer prior
  379  to the consumer’s purchasing or becoming obligated to purchase a
  380  motorized scooter or a miniature motorcycle.
  381         (2) Any person selling or offering a motorized scooter or a
  382  miniature motorcycle for sale in violation of this section
  383  commits an unfair and deceptive trade practice as defined in
  384  part II of chapter 501.
  385         Section 15. Section 319.241, Florida Statutes, is amended
  386  to read:
  387         319.241 Removal of lien from records.—The owner of a motor
  388  vehicle or mobile home upon which a lien has been filed with the
  389  department or noted upon a certificate of title for a period of
  390  5 years may apply to the department in writing for such lien to
  391  be removed from the department files or from the certificate of
  392  title. The application shall be accompanied by evidence
  393  satisfactory to the department that the applicant has notified
  394  the lienholder by certified mail, not less than 20 days prior to
  395  the date of the application, of his or her intention to apply to
  396  the department for removal of the lien. Ten days after receipt
  397  of the application, the department may remove the lien from its
  398  files or from the certificate of title, as the case may be, if
  399  no statement in writing protesting removal of the lien is
  400  received by the department from the lienholder within the 10-day
  401  period. If, however, the lienholder files with the department
  402  within the 10-day period a written statement that the lien is
  403  still outstanding, the department shall not remove the lien
  404  until the lienholder presents a satisfaction of lien to the
  405  department. Ten days after the receipt of an application for a
  406  derelict motor vehicle certificate and notification to the
  407  lienholder, the department may remove the lien from the derelict
  408  motor vehicle record if a written statement protesting removal
  409  of the lien is not received by the department from the
  410  lienholder within the 10-day period.
  411         Section 16. Subsections (1) and (2), paragraph (b) of
  412  subsection (3), paragraph (a) of subsection (7), and subsection
  413  (8) of section 319.30, Florida Statutes, are amended to read:
  414         319.30 Definitions; dismantling, destruction, change of
  415  identity of motor vehicle or mobile home; salvage.—
  416         (1) As used in this section, the term:
  417         (a) “Certificate of destruction” means the certificate
  418  issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
  419         (b) “Certificate of registration number” means the
  420  certificate of registration number issued by the Department of
  421  Revenue of the State of Florida pursuant to s. 538.25.
  422         (c) “Certificate of title” means a record that serves as
  423  evidence of ownership of a vehicle, whether such record is a
  424  paper certificate authorized by the department or by a motor
  425  vehicle department authorized to issue titles in another state
  426  or a certificate consisting of information stored in electronic
  427  form in the department’s database.
  428         (d) “Derelict” means any material which is or may have been
  429  a motor vehicle or mobile home, which is not a major part or
  430  major component part, which is inoperable, and which is in such
  431  condition that its highest or primary value is in its sale or
  432  transfer as scrap metal.
  433         (e) “Derelict motor vehicle” means:
  434         1. Any motor vehicle as defined in s. 320.01(1) or mobile
  435  home as defined in s. 320.01(2), with or without all parts,
  436  major parts, or major component parts, which is valued under
  437  $1,000, is at least 10 model years old, beginning with the model
  438  year of the vehicle as year one, and is in such condition that
  439  its highest or primary value is for sale, transport, or delivery
  440  to a licensed salvage motor vehicle dealer or registered
  441  secondary metals recycler for dismantling its component parts or
  442  conversion to scrap metal; or
  443         2. Any trailer as defined in s. 320.01(1), with or without
  444  all parts, major parts, or major component parts, which is
  445  valued under $5,000, is at least 10 model years old, beginning
  446  with the model year of the vehicle as year one, and is in such
  447  condition that its highest or primary value is for sale,
  448  transport, or delivery to a licensed salvage motor vehicle
  449  dealer or registered secondary metals recycler for conversion to
  450  scrap metal.
  451         (f) “Derelict motor vehicle certificate” means a
  452  certificate issued by the department which serves as evidence
  453  that a derelict motor vehicle will be dismantled or converted to
  454  scrap metal. This certificate may be obtained by completing a
  455  derelict motor vehicle certificate application authorized by the
  456  department. completed by the derelict motor vehicle owner, the
  457  owner’s authorized transporter when different from the owner,
  458  and the licensed salvage motor vehicle dealer or the registered
  459  secondary metals recycler and submitted to the department for
  460  cancellation of the title record of the derelict motor vehicle.
  461  A derelict motor vehicle certificate may be reassigned only one
  462  time if the derelict motor vehicle certificate was completed by
  463  a licensed salvage motor vehicle dealer and the derelict motor
  464  vehicle was sold to another licensed salvage motor vehicle
  465  dealer or a secondary metals recycler.
  466         (g) “Junk” means any material which is or may have been a
  467  motor vehicle or mobile home, with or without all component
  468  parts, which is inoperable and which material is in such
  469  condition that its highest or primary value is either in its
  470  sale or transfer as scrap metal or for its component parts, or a
  471  combination of the two, except when sold or delivered to or when
  472  purchased, possessed, or received by a secondary metals recycler
  473  or salvage motor vehicle dealer.
  474         (h) “Major component parts” means:
  475         1. For motor vehicles other than motorcycles, any fender
  476  the front-end assembly (fenders, hood, grill, and bumper), cowl
  477  assembly, rear body section (both quarter panel panels, trunk
  478  lid, door, decklid, and bumper), floor pan, door assemblies,
  479  engine, frame, transmission, catalytic converter, or and airbag.
  480         2. For trucks, in addition to those parts listed in
  481  subparagraph 1., any truck bed, including dump, wrecker, crane,
  482  mixer, cargo box, or any bed which mounts to a truck frame.
  483         3. For motorcycles, the body assembly, frame, fenders, gas
  484  tanks, engine, cylinder block, heads, engine case, crank case,
  485  transmission, drive train, front fork assembly, and wheels.
  486         4. For mobile homes, the frame.
  487         (i) “Major part” means the front-end assembly, cowl
  488  assembly, or rear body section.
  489         (j) “Materials” means motor vehicles, derelicts, and major
  490  parts that are not prepared materials.
  491         (k) “Mobile home” means mobile home as defined in s.
  492  320.01(2).
  493         (l) “Motor vehicle” means motor vehicle as defined in s.
  494  320.01(1).
  495         (m) “Parts” means parts of motor vehicles or combinations
  496  thereof that do not constitute materials or prepared materials.
  497         (n) “Personal identification card” means personal
  498  identification card as defined in s. 538.18(5).
  499         (n)(o) “Prepared materials” means motor vehicles, mobile
  500  homes, derelict motor vehicles, major parts, or parts that have
  501  been processed by mechanically flattening or crushing, or
  502  otherwise processed such that they are not the motor vehicle or
  503  mobile home described in the certificate of title, or their only
  504  value is as scrap metal.
  505         (o)(p) “Processing” means the business of performing the
  506  manufacturing process by which ferrous metals or nonferrous
  507  metals are converted into raw material products consisting of
  508  prepared grades and having an existing or potential economic
  509  value, or the purchase of materials, prepared materials, or
  510  parts therefor.
  511         (p)(q) “Recreational vehicle” means a motor vehicle as
  512  defined in s. 320.01(1).
  513         (q)(r) “Salvage” means a motor vehicle or mobile home which
  514  is a total loss as defined in paragraph (3)(a).
  515         (r)(s) “Salvage certificate of title” means a salvage
  516  certificate of title issued by the department or by another
  517  motor vehicle department authorized to issue titles in another
  518  state.
  519         (s)(t) “Salvage motor vehicle dealer” means salvage motor
  520  vehicle dealer as defined in s. 320.27(1)(c)5.
  521         (t)(u) “Secondary metals recycler” means secondary metals
  522  recycler as defined in s. 538.18(8).
  523         (u) “Seller” means the owner of record or a person who has
  524  physical possession and responsibility for a derelict motor
  525  vehicle and attests that possession of the vehicle was obtained
  526  through lawful means along with all ownership rights. A seller
  527  does not include a towing company, repair shop, or landlord
  528  unless the towing company, repair shop, or landlord has obtained
  529  title, salvage title, or a certificate of destruction in the
  530  name of the towing company, repair shop, or landlord.
  531         (2)(a) Each person mentioned as owner in the last issued
  532  certificate of title, when such motor vehicle or mobile home is
  533  dismantled, destroyed, or changed in such manner that it is not
  534  the motor vehicle or mobile home described in the certificate of
  535  title, shall surrender his or her certificate of title to the
  536  department, and thereupon the department shall, with the consent
  537  of any lienholders noted thereon, enter a cancellation upon its
  538  records. Upon cancellation of a certificate of title in the
  539  manner prescribed by this section, the department may cancel and
  540  destroy all certificates in that chain of title. Any person who
  541  knowingly willfully and deliberately violates this paragraph
  542  commits a misdemeanor of the second degree, punishable as
  543  provided in s. 775.082 or s. 775.083.
  544         (b)1. When a motor vehicle, recreational vehicle, or mobile
  545  home is sold, transported, or delivered to, or received by a
  546  salvage motor vehicle dealer, it shall be accompanied by:
  547         a. A valid certificate of title issued in the name of the
  548  seller or properly endorsed, as required in s. 319.22, over to
  549  the seller;
  550         b. A valid salvage certificate of title issued in the name
  551  of the seller or properly endorsed, as required in s. 319.22,
  552  over to the seller; or
  553         c. A valid certificate of destruction issued in the name of
  554  the seller or properly endorsed over to the seller.
  555         2. Any person who knowingly willfully and deliberately
  556  violates this paragraph by selling, transporting, delivering,
  557  purchasing, or receiving a motor vehicle, recreational vehicle,
  558  or mobile home without obtaining a properly endorsed certificate
  559  of title, salvage certificate of title, or certificate of
  560  destruction from the owner commits a felony of the third degree,
  561  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  562         (c)1. When a derelict motor vehicle is sold, transported,
  563  or delivered to a licensed salvage motor vehicle dealer, the
  564  purchaser shall record the date of purchase and the name,
  565  address, and valid Florida driver’s license number or valid
  566  Florida identification card number, or a valid driver’s license
  567  number or identification card number issued by another state,
  568  personal identification card number of the person selling the
  569  derelict motor vehicle, and it shall be accompanied by:
  570         a. A valid certificate of title issued in the name of the
  571  seller or properly endorsed over to the seller;
  572         b. A valid salvage certificate of title issued in the name
  573  of the seller or properly endorsed over to the seller; or
  574         c. A valid certificate of destruction issued in the name of
  575  the seller or properly endorsed over to the seller.
  576         2. If a valid the certificate of title, salvage certificate
  577  of title, or certificate of destruction is not available, a
  578  derelict motor vehicle certificate application shall be
  579  completed by the seller or owner of the motor vehicle or mobile
  580  home, the seller’s or owner’s authorized transporter, and the
  581  licensed salvage motor vehicle dealer at the time of sale,
  582  transport, or delivery to the licensed salvage motor vehicle
  583  dealer. The derelict motor vehicle certificate application shall
  584  be used by the seller or owner, the seller’s or owner’s
  585  authorized transporter, and the licensed salvage motor vehicle
  586  dealer to obtain a derelict motor vehicle certificate from the
  587  department. The derelict motor vehicle certificate application
  588  must be accompanied by a legible copy of the seller’s or owner’s
  589  valid Florida driver’s license or Florida identification card,
  590  or a valid driver’s license or identification card issued by
  591  another state. If the seller is not the owner of record of the
  592  vehicle being sold, the dealer shall, at the time of sale,
  593  acquire a smudge-free right thumbprint, or other digit if the
  594  seller has no right thumb, of the seller is imprinted upon the
  595  derelict motor vehicle certificate application and that a
  596  legible copy of the seller’s driver’s license or identification
  597  card is affixed to the application and transmitted to the
  598  department. The licensed salvage motor vehicle dealer shall
  599  secure the derelict motor vehicle or mobile home for 3 full
  600  business days, excluding weekends and holidays, if there is no
  601  active lien or a lien of 3 years or more on the department’s
  602  records before destroying or dismantling the derelict motor
  603  vehicle and shall follow all reporting procedures established by
  604  the department, including electronic notification to the
  605  department or delivery of the original derelict motor vehicle
  606  certificate application to an agent of the department within 24
  607  hours after receiving the derelict motor vehicle. If there is an
  608  active lien of 3 years or less on the derelict motor vehicle,
  609  the licensed salvage motor vehicle dealer shall secure the
  610  derelict motor vehicle for 10 days. The department shall notify
  611  the lienholder that a derelict motor vehicle certificate has
  612  been issued and shall notify the lienholder of its intention to
  613  remove the lien. Ten days after receipt of the motor vehicle
  614  derelict certificate application, the department may remove the
  615  lien from its records if a written statement protesting removal
  616  of the lien is not received by the department from the
  617  lienholder within the 10-day period. However, if the lienholder
  618  files with the department and the licensed salvage motor vehicle
  619  dealer within the 10-day period a written statement that the
  620  lien is still outstanding, the department shall not remove the
  621  lien and shall place an administrative hold on the record for 30
  622  days to allow the lienholder to apply for title to the vehicle
  623  or a repossession certificate under s. 319.28. The licensed
  624  salvage motor vehicle dealer must secure the derelict motor
  625  vehicle until the department’s administrative stop is removed,
  626  the lienholder submits a lien satisfaction, or the lienholder
  627  takes possession of the vehicle.
  628         3. Any person who knowingly willfully and deliberately
  629  violates this paragraph by selling, transporting, delivering,
  630  purchasing, or receiving a derelict motor vehicle without
  631  obtaining a certificate of title, salvage certificate of title,
  632  certificate of destruction, or derelict motor vehicle
  633  certificate application; enters false or fictitious information
  634  on a derelict motor vehicle certificate application; does not
  635  complete the derelict motor vehicle certificate application as
  636  required; does not obtain a legible copy of the seller’s or
  637  owner’s valid driver’s license or identification card when
  638  required; or does not make the required notification to the
  639  department; or destroys or dismantles a derelict motor vehicle
  640  without waiting the required time as set forth in subparagraph
  641  2. 3 full business days commits a felony of the third degree,
  642  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  643         (3)
  644         (b) The owner, including persons who are self-insured, of
  645  any motor vehicle or mobile home which is considered to be
  646  salvage shall, within 72 hours after the motor vehicle or mobile
  647  home becomes salvage, forward the title to the motor vehicle or
  648  mobile home to the department for processing. However, an
  649  insurance company which pays money as compensation for total
  650  loss of a motor vehicle or mobile home shall obtain the
  651  certificate of title for the motor vehicle or mobile home and,
  652  within 72 hours after receiving such certificate of title, shall
  653  forward such title to the department for processing. The owner
  654  or insurance company, as the case may be, may not dispose of a
  655  vehicle or mobile home that is a total loss before it has
  656  obtained a salvage certificate of title or certificate of
  657  destruction from the department. When applying for a salvage
  658  certificate of title or certificate of destruction, the owner or
  659  insurance company must provide the department with an estimate
  660  of the costs of repairing the physical and mechanical damage
  661  suffered by the vehicle for which a salvage certificate of title
  662  or certificate of destruction is sought. If the estimated costs
  663  of repairing the physical and mechanical damage to the vehicle
  664  are equal to 80 percent or more of the current retail cost of
  665  the vehicle, as established in any official used car or used
  666  mobile home guide, the department shall declare the vehicle
  667  unrebuildable and print a certificate of destruction, which
  668  authorizes the dismantling or destruction of the motor vehicle
  669  or mobile home described therein. However, if the damaged motor
  670  vehicle is equipped with custom-lowered floors for wheelchair
  671  access or a wheelchair lift, the insurance company may, upon
  672  determining that the vehicle is repairable to a condition that
  673  is safe for operation on public roads, submit the certificate of
  674  title to the department for reissuance as a salvage rebuildable
  675  title and the addition of a title brand of “insurance-declared
  676  total loss.” The certificate of destruction shall be
  677  reassignable a maximum of two times before dismantling or
  678  destruction of the vehicle shall be required, and shall
  679  accompany the motor vehicle or mobile home for which it is
  680  issued, when such motor vehicle or mobile home is sold for such
  681  purposes, in lieu of a certificate of title, and, thereafter,
  682  the department shall refuse issuance of any certificate of title
  683  for that vehicle. Nothing in this subsection shall be applicable
  684  when a vehicle is worth less than $1,500 retail in undamaged
  685  condition in any official used motor vehicle guide or used
  686  mobile home guide or when a stolen motor vehicle or mobile home
  687  is recovered in substantially intact condition and is readily
  688  resalable without extensive repairs to or replacement of the
  689  frame or engine. Any person who knowingly willfully and
  690  deliberately violates this paragraph or falsifies any document
  691  to avoid the requirements of this paragraph commits a
  692  misdemeanor of the first degree, punishable as provided in s.
  693  775.082 or s. 775.083.
  694         (7)(a) In the event of a purchase by a secondary metals
  695  recycler, that has been issued a certificate of registration
  696  number, of:
  697         1. Materials, prepared materials, or parts from any seller
  698  for purposes other than the processing of such materials,
  699  prepared materials, or parts, the purchaser shall obtain such
  700  documentation as may be required by this section and shall
  701  record the seller’s name and address, date of purchase, and the
  702  personal identification card number of the person delivering
  703  such items.
  704         2. Parts or prepared materials from any seller for purposes
  705  of the processing of such parts or prepared materials, the
  706  purchaser shall record the seller’s name and address and date of
  707  purchase and, in the event of a purchase transaction consisting
  708  primarily of parts or prepared materials, the personal
  709  identification card number of the person delivering such items.
  710         3. Materials from another secondary metals recycler for
  711  purposes of the processing of such materials, the purchaser
  712  shall record the seller’s name and address and date of purchase.
  713         4.a. Motor vehicles, recreational vehicles, mobile homes,
  714  or derelict motor vehicles from other than a secondary metals
  715  recycler for purposes of the processing of such motor vehicles,
  716  recreational vehicles, mobile homes, or derelict motor vehicles,
  717  the purchaser shall record the date of purchase and the name,
  718  address, and personal identification card number of the person
  719  selling such items and shall obtain the following documentation
  720  from the seller with respect to each item purchased:
  721         (I) A valid certificate of title issued in the name of the
  722  seller or properly endorsed, as required in s. 319.22, over to
  723  the seller;
  724         (II) A valid salvage certificate of title issued in the
  725  name of the seller or properly endorsed, as required in s.
  726  319.22, over to the seller;
  727         (III)(II) A valid certificate of destruction issued in the
  728  name of the seller or properly endorsed over to the seller; or
  729         (IV)(III) A valid derelict motor vehicle certificate
  730  obtained from the department completed by a licensed salvage
  731  motor vehicle dealer and properly reassigned to the secondary
  732  metals recycler.
  733         b. If a valid certificate of title, salvage certificate of
  734  title, certificate of destruction, or derelict motor vehicle
  735  certificate is not available and the motor vehicle or mobile
  736  home is a derelict motor vehicle, a derelict motor vehicle
  737  certificate application shall be completed by the seller or
  738  owner of the motor vehicle or mobile home, the seller’s or
  739  owner’s authorized transporter, and the registered secondary
  740  metals recycler at the time of sale, transport, or delivery to
  741  the registered secondary metals recycler to obtain a derelict
  742  motor vehicle certificate from the department. The derelict
  743  motor vehicle certificate application must be accompanied by a
  744  legible copy of the seller’s or owner’s valid Florida driver’s
  745  license or Florida identification card, or a valid driver’s
  746  license or identification card from another state. If the seller
  747  is not the owner of record of the vehicle being sold, the
  748  recycler shall, at the time of sale, acquire a smudge-free right
  749  thumbprint, or other digit if the seller has no right thumb, of
  750  the seller is imprinted upon the derelict motor vehicle
  751  certificate application, and that the legible copy of the
  752  seller’s driver’s license or identification card is affixed to
  753  the application and transmitted to the department. The derelict
  754  motor vehicle certificate shall be used by the owner, the
  755  owner’s authorized transporter, and the registered secondary
  756  metals recycler. The registered secondary metals recycler shall
  757  secure the derelict motor vehicle for 3 full business days,
  758  excluding weekends and holidays, if there is no active lien or a
  759  lien of 3 years or more on the department’s records before
  760  destroying or dismantling the derelict motor vehicle and shall
  761  follow all reporting procedures established by the department,
  762  including electronic notification to the department or delivery
  763  of the original derelict motor vehicle certificate application
  764  to an agent of the department within 24 hours after receiving
  765  the derelict motor vehicle. If there is an active lien of 3
  766  years or less on the derelict motor vehicle, the registered
  767  secondary metals recycler shall secure the derelict motor
  768  vehicle for 10 days. The department shall notify the lienholder
  769  of the application for a derelict motor vehicle certificate and
  770  shall notify the lienholder of its intention to remove the lien.
  771  Ten days after receipt of the motor vehicle derelict
  772  application, the department may remove the lien from its records
  773  if a written statement protesting removal of the lien is not
  774  received by the department from the lienholder within the 10-day
  775  period. However, if the lienholder files with the department and
  776  the registered secondary metals recycler within the 10-day
  777  period a written statement that the lien is still outstanding,
  778  the department shall not remove the lien and shall place an
  779  administrative hold on the record for 30 days to allow the
  780  lienholder to apply for title to the vehicle or a repossession
  781  certificate under s. 319.28. The registered secondary metals
  782  recycler must secure the derelict motor vehicle until the
  783  department’s administrative stop is removed, the lienholder
  784  submits a lien satisfaction, or the lienholder takes possession
  785  of the vehicle.
  786         c. Any person who knowingly willfully and deliberately
  787  violates this subparagraph by selling, transporting, delivering,
  788  purchasing, or receiving a motor vehicle, recreational motor
  789  vehicle, mobile home, or derelict motor vehicle without
  790  obtaining a certificate of title, salvage certificate of title,
  791  certificate of destruction, or derelict motor vehicle
  792  certificate; enters false or fictitious information on a
  793  derelict motor vehicle certificate application; does not
  794  complete the derelict motor vehicle certificate application as
  795  required or does not make the required notification to the
  796  department; does not obtain a legible copy of the seller’s or
  797  owner’s driver’s license or identification card when required;
  798  or destroys or dismantles a derelict motor vehicle without
  799  waiting the required time as set forth in sub-subparagraph b. 3
  800  full business days commits a felony of the third degree,
  801  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  802         5. Major parts from other than a secondary metals recycler
  803  for purposes of the processing of such major parts, the
  804  purchaser shall record the seller’s name, address, date of
  805  purchase, and the personal identification card number of the
  806  person delivering such items, as well as the vehicle
  807  identification number, if available, of each major part
  808  purchased.
  809         (8)(a) Secondary metals recyclers and salvage motor vehicle
  810  dealers shall return to the department on a monthly basis all
  811  certificates of title and salvage certificates of title that are
  812  required by this section to be obtained. Secondary metals
  813  recyclers and salvage motor vehicle dealers may elect to notify
  814  the department electronically through procedures established by
  815  the department when they receive each motor vehicle or mobile
  816  home, salvage motor vehicle or mobile home, or derelict motor
  817  vehicle with a certificate of title or salvage certificate of
  818  title through procedures established by the department. The
  819  department may adopt rules and establish fees as it deems
  820  necessary or proper for the administration of the electronic
  821  notification service.
  822         (b) Secondary metals recyclers and salvage motor vehicle
  823  dealers shall keep originals, or a copy in the event the
  824  original was returned to the department, of all certificates of
  825  title, salvage certificates of title, certificates of
  826  destruction, derelict motor vehicle certificates, and all other
  827  information required by this section to be recorded or obtained,
  828  on file in the offices of such secondary metals recyclers or
  829  salvage motor vehicle dealers for a period of 3 years after the
  830  date of purchase of the items reflected in such certificates of
  831  title, salvage certificates of title, certificates of
  832  destruction, or derelict motor vehicle certificates. These
  833  records shall be maintained in chronological order.
  834         (c) For the purpose of enforcement of this section, the
  835  department or its agents and employees have the same right of
  836  inspection as law enforcement officers as provided in s.
  837  812.055.
  838         (d) Whenever the department, its agent or employee, or any
  839  law enforcement officer has reason to believe that a stolen or
  840  fraudulently titled motor vehicle, mobile home, recreational
  841  vehicle, salvage motor vehicle, or derelict motor vehicle is in
  842  the possession of a salvage motor vehicle dealer or secondary
  843  metals recycler, the department, its agent or employee, or the
  844  law enforcement officer may issue an extended a hold notice, not
  845  to exceed 5 additional business days, excluding weekends and
  846  holidays, to the salvage motor vehicle dealer or registered
  847  secondary metals recycler.
  848         (e) Whenever a salvage motor vehicle dealer or registered
  849  secondary metals recycler is notified by the department, its
  850  agent or employee, or any law enforcement officer to hold a
  851  motor vehicle, mobile home, recreational vehicle, salvage motor
  852  vehicle, or derelict motor vehicle that is believed to be stolen
  853  or fraudulently titled, the salvage motor vehicle dealer or
  854  registered secondary metals recycler shall hold the motor
  855  vehicle, mobile home, recreational vehicle, salvage motor
  856  vehicle, or derelict motor vehicle and may not dismantle or
  857  destroy the motor vehicle, mobile home, recreational vehicle,
  858  salvage motor vehicle, or derelict motor vehicle until it is
  859  recovered by a law enforcement officer, the hold is released by
  860  the department or the law enforcement officer placing the hold,
  861  or the extended 5 additional business working days have passed
  862  since being notified of the hold.
  863         (f) This section does not authorize any person who is
  864  engaged in the business of recovering, towing, or storing
  865  vehicles pursuant to s. 713.78, and who is claiming a lien for
  866  performing labor or services on a motor vehicle or mobile home
  867  pursuant to s. 713.58, or is claiming that a motor vehicle or
  868  mobile home has remained on any premises after tenancy has
  869  terminated pursuant to s. 715.104, to use a derelict motor
  870  vehicle certificate application for the purpose of transporting,
  871  selling, disposing, or delivering of a motor vehicle at a
  872  salvage motor vehicle dealer or metal recycler without obtaining
  873  the title or certificate of destruction required under s.
  874  713.58, s. 713.78, or s. 715.104.
  875         (g) The department shall accept all properly endorsed and
  876  completed derelict motor vehicle certificate applications and
  877  shall issue a derelict motor vehicle certificate having an
  878  effective date that authorizes when a derelict motor vehicle is
  879  eligible for dismantling or destruction. The electronic
  880  information obtained from the derelict motor vehicle certificate
  881  application shall be stored electronically and shall be made
  882  available to authorized persons after issuance of the derelict
  883  motor vehicle certificate in the Florida Real Time Vehicle
  884  Information System.
  885         (h)(f) The department is authorized to adopt rules pursuant
  886  to ss. 120.536(1) and 120.54 establishing policies and
  887  procedures to administer and enforce this section.
  888         (i)(g) The department shall charge a fee of $3 for each
  889  derelict motor vehicle certificate delivered to the department
  890  or one of its agents for processing and shall mark the title
  891  record canceled. A service charge may be collected under s.
  892  320.04.
  893         (j) The licensed salvage motor vehicle dealer or registered
  894  secondary metals recycler shall make all payments for the
  895  purchase of any derelict motor vehicle that is sold by a seller
  896  who is not the owner of record on file with the department by
  897  check or money order made payable to the seller and may not make
  898  payment to the authorized transporter. The licensed salvage
  899  motor vehicle dealer or registered secondary metals recycler may
  900  not cash the check that such dealer or recycler issued to the
  901  seller.
  902         Section 17. This act shall take effect October 1, 2010.

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