June 20, 2018
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       Florida Senate - 2010                                     SB 792
       
       
       
       By Senator Baker
       
       
       
       
       20-00255B-10                                           2010792__
    1                        A bill to be entitled                      
    2         An act relating to derelict motor vehicles and mobile
    3         homes; amending s. 319.30, F.S.; defining the term
    4         “seller” and revising the definitions of the terms
    5         “certificate of title,” “derelict motor vehicle,” and
    6         “derelict motor vehicle certificate”; revising
    7         requirements for disposition of a motor vehicle,
    8         recreational vehicle, or mobile home that is sold,
    9         transported, or delivered to a salvage motor vehicle
   10         dealer or a secondary metals recycler; requiring
   11         certificates of title to conform to specified
   12         provisions; providing for the dealer or recycler to
   13         apply to the Department of Highway Safety and Motor
   14         Vehicles for a derelict motor vehicle certificate if
   15         the certificate of title, salvage certificate of
   16         title, or certificate of destruction is not available;
   17         requiring the derelict motor vehicle certificate
   18         application to be completed by the seller or owner of
   19         the motor vehicle or mobile home, the seller’s or
   20         owner’s authorized transporter, and the dealer or
   21         recycler; requiring certain identification information
   22         be included with the application; revising the types
   23         of documentation that a secondary metals recycler must
   24         obtain; permitting recyclers to obtain salvage
   25         certificates of title from sellers or owners as a
   26         valid method of documentation; providing that a person
   27         engaged in the business of recovering, towing, or
   28         storing vehicles may not claim certain liens, claim
   29         that certain vehicles have remained on any premises
   30         after tenancy has terminated, or use the derelict
   31         motor vehicle certificate application to transport,
   32         sell, or dispose of a motor vehicle at a salvage motor
   33         vehicle dealer or metal recycler without otherwise
   34         obtaining title to the vehicle or a certificate of
   35         destruction; providing penalties; providing an
   36         effective date.
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Paragraphs (c), (e), and (f) of subsection (1),
   41  paragraphs (b) and (c) of subsection (2), and subsection (7) of
   42  section 319.30, Florida Statutes, are amended, paragraph (v) is
   43  added to subsection (1), paragraphs (f) and (g) of subsection
   44  (8) are redesignated as paragraphs (g) and (h), respectively,
   45  and a new paragraph (f) is added to that subsection, to read:
   46         319.30 Definitions; dismantling, destruction, change of
   47  identity of motor vehicle or mobile home; salvage.—
   48         (1) As used in this section, the term:
   49         (c) “Certificate of title” means a record that serves as
   50  evidence of ownership of a vehicle, whether such record is a
   51  paper certificate authorized by the department or by a motor
   52  vehicle department authorized to issue titles in another state
   53  or a certificate consisting of information stored in electronic
   54  form in the department’s database.
   55         (e) “Derelict motor vehicle” means any motor vehicle as
   56  defined in s. 320.01(1) or mobile home as defined in s.
   57  320.01(2), with or without all parts, major parts, or major
   58  component parts, which is valued under $1,000, is at least 10
   59  model years old, beginning with the model year of the vehicle as
   60  year one, and is in such condition that its highest or primary
   61  value is for sale, transport, or delivery to a licensed salvage
   62  motor vehicle dealer or registered secondary metals recycler for
   63  dismantling its component parts or conversion to scrap metal.
   64         (f) “Derelict motor vehicle certificate” means a
   65  certificate issued by the department which serves as evidence
   66  that a derelict motor vehicle will be dismantled or converted to
   67  scrap metal. The certificate is obtained by completing a
   68  derelict motor vehicle certificate application authorized by the
   69  department completed by the derelict motor vehicle owner, the
   70  owner’s authorized transporter when different from the owner,
   71  and the licensed salvage motor vehicle dealer or the registered
   72  secondary metals recycler and submitted to the department for
   73  cancellation of the title record of the derelict motor vehicle.
   74  A derelict motor vehicle certificate may be reassigned only one
   75  time if the derelict motor vehicle certificate was completed by
   76  a licensed salvage motor vehicle dealer and the derelict motor
   77  vehicle was sold to a secondary metals recycler.
   78         (v) “Seller” means the owner of record or a person who has
   79  physical possession and responsibility for a derelict motor
   80  vehicle and attests that possession of the vehicle was obtained
   81  through lawful means along with all ownership rights. A seller
   82  does not include a towing company, repair shop, or landlord
   83  unless the towing company, repair shop, or landlord has obtained
   84  title, salvage title, or a certificate of destruction in the
   85  name of the towing company, repair shop, or landlord.
   86         (2)
   87         (b)1. When a motor vehicle, recreational vehicle, or mobile
   88  home is sold, transported, or delivered to a salvage motor
   89  vehicle dealer, it shall be accompanied by:
   90         a. A valid certificate of title issued in the name of the
   91  seller or properly endorsed, as required in s. 319.22, over to
   92  the seller;
   93         b. A valid salvage certificate of title issued in the name
   94  of the seller or properly endorsed, as required in s. 319.22,
   95  over to the seller; or
   96         c. A valid certificate of destruction issued in the name of
   97  the seller or properly endorsed over to the seller.
   98         2. Any person who willfully and deliberately violates this
   99  paragraph by selling, transporting, delivering, purchasing, or
  100  receiving a motor vehicle, recreational vehicle, or mobile home
  101  without obtaining a properly endorsed certificate of title,
  102  salvage certificate of title, or certificate of destruction from
  103  the owner commits a felony of the third degree, punishable as
  104  provided in s. 775.082, s. 775.083, or s. 775.084.
  105         (c)1. When a derelict motor vehicle is sold, transported,
  106  or delivered to a licensed salvage motor vehicle dealer, the
  107  purchaser shall record the date of purchase and the name,
  108  address, and personal identification card number of the person
  109  selling the derelict motor vehicle, and it shall be accompanied
  110  by:
  111         a. A valid certificate of title issued in the name of the
  112  seller or properly endorsed, as required in s. 319.22, over to
  113  the seller;
  114         b. A valid salvage certificate of title issued in the name
  115  of the seller or properly endorsed, as required in s. 319.22,
  116  over to the seller; or
  117         c. A valid certificate of destruction issued in the name of
  118  the seller or properly endorsed over to the seller.
  119         2. If the certificate of title, salvage certificate of
  120  title, or certificate of destruction is not available, a
  121  derelict motor vehicle certificate application shall be
  122  completed by the seller or owner of the motor vehicle or mobile
  123  home, the seller’s or owner’s authorized transporter, and the
  124  licensed salvage motor vehicle dealer at the time of sale,
  125  transport, or delivery to the licensed salvage motor vehicle
  126  dealer. The derelict motor vehicle certificate application shall
  127  be used by the seller or owner, the seller’s or owner’s
  128  authorized transporter, and the licensed salvage motor vehicle
  129  dealer to obtain a derelict motor vehicle certificate from the
  130  department. The identifying number on the personal
  131  identification card of the seller or owner must be recorded on
  132  the derelict motor vehicle certificate application. The derelict
  133  motor vehicle certificate application must be accompanied by a
  134  copy of the seller’s or owner’s personal identification card
  135  when the personal identification card is something other than a
  136  Florida driver’s license or Florida identification card. The
  137  licensed salvage motor vehicle dealer shall secure the motor
  138  vehicle or mobile home for 3 full business days, excluding
  139  weekends and holidays, before destroying or dismantling the
  140  derelict motor vehicle and shall follow all reporting procedures
  141  established by the department, including electronic notification
  142  to the department or delivery of the original derelict motor
  143  vehicle certificate application to an agent of the department
  144  within 24 hours after receiving the derelict motor vehicle.
  145         3. Any person who willfully and deliberately violates this
  146  paragraph by selling, transporting, delivering, purchasing, or
  147  receiving a derelict motor vehicle without obtaining a
  148  certificate of title, salvage certificate of title, certificate
  149  of destruction, or derelict motor vehicle certificate
  150  application; enters false or fictitious information on a
  151  derelict motor vehicle certificate application; does not
  152  complete the derelict motor vehicle certificate application as
  153  required; does not obtain a copy of the seller’s or owner’s
  154  personal identification card when required; or does not make the
  155  required notification to the department; or destroys or
  156  dismantles a derelict motor vehicle without waiting the required
  157  3 full business days commits a felony of the third degree,
  158  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  159         (7)(a) In the event of a purchase by a secondary metals
  160  recycler, that has been issued a certificate of registration
  161  number, of:
  162         1. Materials, prepared materials, or parts from any seller
  163  for purposes other than the processing of such materials,
  164  prepared materials, or parts, the purchaser shall obtain such
  165  documentation as may be required by this section and shall
  166  record the seller’s name and address, date of purchase, and the
  167  personal identification card number of the person delivering
  168  such items.
  169         2. Parts or prepared materials from any seller for purposes
  170  of the processing of such parts or prepared materials, the
  171  purchaser shall record the seller’s name and address and date of
  172  purchase and, in the event of a purchase transaction consisting
  173  primarily of parts or prepared materials, the personal
  174  identification card number of the person delivering such items.
  175         3. Materials from another secondary metals recycler for
  176  purposes of the processing of such materials, the purchaser
  177  shall record the seller’s name and address and date of purchase.
  178         4.a. Motor vehicles, recreational vehicles, mobile homes,
  179  or derelict motor vehicles from other than a secondary metals
  180  recycler for purposes of the processing of such motor vehicles,
  181  recreational vehicles, mobile homes, or derelict motor vehicles,
  182  the purchaser shall record the date of purchase and the name,
  183  address, and personal identification card number of the person
  184  selling such items and shall obtain the following documentation
  185  from the seller with respect to each item purchased:
  186         (I) A valid certificate of title issued in the name of the
  187  seller or properly endorsed, as required in s. 319.22, over to
  188  the seller;
  189         (II) A valid salvage certificate of title issued in the
  190  name of the seller or properly endorsed, as required in s.
  191  319.22, over to the seller;
  192         (III)(II) A valid certificate of destruction issued in the
  193  name of the seller or properly endorsed over to the seller; or
  194         (IV)(III) A valid derelict motor vehicle certificate
  195  obtained from the department completed by a licensed salvage
  196  motor vehicle dealer and properly reassigned to the secondary
  197  metals recycler.
  198         b. If a valid certificate of title, salvage certificate of
  199  title, certificate of destruction, or derelict motor vehicle
  200  certificate is not available and the motor vehicle or mobile
  201  home is a derelict motor vehicle, a derelict motor vehicle
  202  certificate application shall be completed by the seller or
  203  owner of the motor vehicle or mobile home, the seller’s or
  204  owner’s authorized transporter, and the registered secondary
  205  metals recycler at the time of sale, transport, or delivery to
  206  the registered secondary metals recycler. The derelict motor
  207  vehicle certificate application shall be used by the seller or
  208  owner, the seller’s or owner’s authorized transporter, and the
  209  registered secondary metals recycler to obtain a derelict motor
  210  vehicle certificate from the department. The identifying number
  211  on the personal identification card of the seller or owner must
  212  be recorded on the derelict motor vehicle certificate
  213  application. The derelict motor vehicle certificate application
  214  must be accompanied by a copy of the seller’s or owner’s
  215  personal identification card when the personal identification
  216  card is something other than a Florida driver’s license or
  217  Florida identification card. The registered secondary metals
  218  recycler shall secure the derelict motor vehicle for 3 full
  219  business days, excluding weekends and holidays, before
  220  destroying or dismantling the derelict motor vehicle and shall
  221  follow all reporting procedures established by the department,
  222  including electronic notification to the department or delivery
  223  of the original derelict motor vehicle certificate application
  224  to an agent of the department within 24 hours after receiving
  225  the derelict motor vehicle.
  226         c. Any person who willfully and deliberately violates this
  227  subparagraph by selling, transporting, delivering, purchasing,
  228  or receiving a motor vehicle, recreational motor vehicle, mobile
  229  home, or derelict motor vehicle without obtaining a certificate
  230  of title, salvage certificate of title, certificate of
  231  destruction, or derelict motor vehicle certificate, or derelict
  232  motor vehicle certificate application; enters false or
  233  fictitious information on a derelict motor vehicle certificate
  234  application; does not complete the derelict motor vehicle
  235  certificate application as required; does not obtain a copy of
  236  the seller’s or owner’s personal identification card when
  237  required; or does not make the required notification to the
  238  department; or destroys or dismantles a derelict motor vehicle
  239  without waiting the required 3 full business days commits a
  240  felony of the third degree, punishable as provided in s.
  241  775.082, s. 775.083, or s. 775.084.
  242         5. Major parts from other than a secondary metals recycler
  243  for purposes of the processing of such major parts, the
  244  purchaser shall record the seller’s name, address, date of
  245  purchase, and the personal identification card number of the
  246  person delivering such items, as well as the vehicle
  247  identification number, if available, of each major part
  248  purchased.
  249         (b) Any person who violates this subsection commits a
  250  felony of the third degree, punishable as provided in s.
  251  775.082, s. 775.083, or s. 775.084.
  252         (8)
  253         (f) This section does not authorize any person that is
  254  engaged in the business of recovering, towing, or storing
  255  vehicles pursuant to s. 713.78 to claim a lien for performing
  256  labor or services on a motor vehicle or mobile home pursuant to
  257  s. 713.58, to claim that a motor vehicle or mobile home has
  258  remained on any premises after tenancy has terminated pursuant
  259  to s. 715.104, or to use a derelict motor vehicle certificate
  260  application for the purpose of transporting, selling, or
  261  disposing of a motor vehicle at a salvage motor vehicle dealer
  262  or metal recycler without obtaining the title or certificate of
  263  destruction required under s. 713.58, s. 713.78, or s. 715.104.
  264  Any person who transports, sells, or disposes of any motor
  265  vehicle or mobile home that was recovered, towed, or stored
  266  pursuant to s. 713.78, who claims a lien for performing labor or
  267  services on a motor vehicle or mobile home pursuant to s.
  268  713.58, or who claims that a motor vehicle or mobile home has
  269  remained on any premises after tenancy has terminated pursuant
  270  to s. 715.104 with respect to a derelict motor vehicle
  271  certificate application commits a felony of the third degree,
  272  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  273         Section 2. This act shall take effect July 1, 2010.

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