December 18, 2018
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       Florida Senate - 2010                              CS for SB 792
       
       
       
       By the Committee on Criminal Justice; and Senators Baker and
       Storms
       
       
       
       591-03240-10                                           2010792c1
    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 an effective date.
   36  
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Paragraphs (c), (e), and (f) of subsection (1),
   40  paragraphs (b) and (c) of subsection (2), and subsection (7) of
   41  section 319.30, Florida Statutes, are amended, and paragraph (v)
   42  is added to subsection (1) of that section, to read:
   43         319.30 Definitions; dismantling, destruction, change of
   44  identity of motor vehicle or mobile home; salvage.—
   45         (1) As used in this section, the term:
   46         (c) “Certificate of title” means a record that serves as
   47  evidence of ownership of a vehicle, whether such record is a
   48  paper certificate authorized by the department or by a motor
   49  vehicle department authorized to issue titles in another state
   50  or a certificate consisting of information stored in electronic
   51  form in the department’s database.
   52         (e) “Derelict motor vehicle” means any motor vehicle as
   53  defined in s. 320.01(1) or mobile home as defined in s.
   54  320.01(2), with or without all parts, major parts, or major
   55  component parts, which is valued under $1,000, is at least 10
   56  model years old, beginning with the model year of the vehicle as
   57  year one, and is in such condition that its highest or primary
   58  value is for sale, transport, or delivery to a licensed salvage
   59  motor vehicle dealer or registered secondary metals recycler for
   60  dismantling its component parts or conversion to scrap metal.
   61         (f) “Derelict motor vehicle certificate” means a
   62  certificate issued by the department which serves as evidence
   63  that a derelict motor vehicle will be dismantled or converted to
   64  scrap metal. The certificate is obtained by completing a
   65  derelict motor vehicle certificate application authorized by the
   66  department completed by the derelict motor vehicle owner, the
   67  owner’s authorized transporter when different from the owner,
   68  and the licensed salvage motor vehicle dealer or the registered
   69  secondary metals recycler and submitted to the department for
   70  cancellation of the title record of the derelict motor vehicle.
   71  A derelict motor vehicle certificate may be reassigned only one
   72  time if the derelict motor vehicle certificate was completed by
   73  a licensed salvage motor vehicle dealer and the derelict motor
   74  vehicle was sold to a secondary metals recycler.
   75         (v) “Seller” means the owner of record or a person who has
   76  physical possession and responsibility for a derelict motor
   77  vehicle and attests that possession of the vehicle was obtained
   78  through lawful means along with all ownership rights. A seller
   79  does not include a towing company, repair shop, or landlord
   80  unless the towing company, repair shop, or landlord has obtained
   81  title, salvage title, or a certificate of destruction in the
   82  name of the towing company, repair shop, or landlord.
   83         (2)
   84         (b)1. When a motor vehicle, recreational vehicle, or mobile
   85  home is sold, transported, or delivered to, or received by a
   86  salvage motor vehicle dealer, it shall be accompanied by:
   87         a. A valid certificate of title issued in the name of the
   88  seller or properly endorsed, as required in s. 319.22, over to
   89  the seller;
   90         b. A valid salvage certificate of title issued in the name
   91  of the seller or properly endorsed, as required in s. 319.22,
   92  over to the seller; or
   93         c. A valid certificate of destruction issued in the name of
   94  the seller or properly endorsed over to the seller.
   95         2. Any person who knowingly and intentionally willfully and
   96  deliberately violates this paragraph by selling, transporting,
   97  delivering, purchasing, or receiving a motor vehicle,
   98  recreational vehicle, or mobile home without obtaining a
   99  properly endorsed certificate of title, salvage certificate of
  100  title, or certificate of destruction from the owner commits a
  101  felony of the third degree, punishable as provided in s.
  102  775.082, s. 775.083, or s. 775.084.
  103         (c)1. When a derelict motor vehicle is sold, transported,
  104  or delivered to a licensed salvage motor vehicle dealer, the
  105  purchaser shall record the date of purchase and the name,
  106  address, and personal identification card number of the person
  107  selling the derelict motor vehicle, and it shall be accompanied
  108  by:
  109         a. A valid certificate of title issued in the name of the
  110  seller or properly endorsed, as required in s. 319.22, over to
  111  the seller;
  112         b. A valid salvage certificate of title issued in the name
  113  of the seller or properly endorsed, as required in s. 319.22,
  114  over to the seller; or
  115         c. A valid certificate of destruction issued in the name of
  116  the seller or properly endorsed over to the seller.
  117         2. If the certificate of title, salvage certificate of
  118  title, or certificate of destruction is not available, a
  119  derelict motor vehicle certificate application shall be
  120  completed by the seller or owner of the motor vehicle or mobile
  121  home, the seller’s or owner’s authorized transporter, and the
  122  licensed salvage motor vehicle dealer at the time of sale,
  123  transport, or delivery to the licensed salvage motor vehicle
  124  dealer. The derelict motor vehicle certificate application shall
  125  be used by the seller or owner, the seller’s or owner’s
  126  authorized transporter, and the licensed salvage motor vehicle
  127  dealer to obtain a derelict motor vehicle certificate from the
  128  department. The identifying number on the personal
  129  identification card of the seller or owner must be recorded on
  130  the derelict motor vehicle certificate application. The derelict
  131  motor vehicle certificate application must be accompanied by a
  132  copy of the seller’s or owner’s personal identification card
  133  when the personal identification card is something other than a
  134  Florida driver’s license or Florida identification card. If the
  135  seller is not the owner of record of the vehicle being sold, the
  136  dealer shall, at the time of sale, ensure that a smudge-free
  137  right thumbprint, or other digit if the seller has no right
  138  thumb, of the seller is imprinted upon the derelict motor
  139  vehicle certificate application form, and that a photograph
  140  clearly depicting the seller’s face is affixed to the
  141  application and transmitted to the department. The licensed
  142  salvage motor vehicle dealer shall secure the motor vehicle or
  143  mobile home for 3 full business days, excluding weekends and
  144  holidays, before destroying or dismantling the derelict motor
  145  vehicle and shall follow all reporting procedures established by
  146  the department, including electronic notification to the
  147  department or delivery of the original derelict motor vehicle
  148  certificate application to an agent of the department within 24
  149  hours after receiving the derelict motor vehicle.
  150         3. Any person who willfully and deliberately violates this
  151  paragraph by selling, transporting, delivering, purchasing, or
  152  receiving a derelict motor vehicle without obtaining a
  153  certificate of title, salvage certificate of title, certificate
  154  of destruction, or derelict motor vehicle certificate
  155  application; enters false or fictitious information on a
  156  derelict motor vehicle certificate application; does not
  157  complete the derelict motor vehicle certificate application as
  158  required; does not obtain a copy of the seller’s or owner’s
  159  personal identification card when required; or does not make the
  160  required notification to the department; or destroys or
  161  dismantles a derelict motor vehicle without waiting the required
  162  3 full business days commits a felony of the third degree,
  163  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  164         (7)(a) In the event of a purchase by a secondary metals
  165  recycler, that has been issued a certificate of registration
  166  number, of:
  167         1. Materials, prepared materials, or parts from any seller
  168  for purposes other than the processing of such materials,
  169  prepared materials, or parts, the purchaser shall obtain such
  170  documentation as may be required by this section and shall
  171  record the seller’s name and address, date of purchase, and the
  172  personal identification card number of the person delivering
  173  such items.
  174         2. Parts or prepared materials from any seller for purposes
  175  of the processing of such parts or prepared materials, the
  176  purchaser shall record the seller’s name and address and date of
  177  purchase and, in the event of a purchase transaction consisting
  178  primarily of parts or prepared materials, the personal
  179  identification card number of the person delivering such items.
  180         3. Materials from another secondary metals recycler for
  181  purposes of the processing of such materials, the purchaser
  182  shall record the seller’s name and address and date of purchase.
  183         4.a. Motor vehicles, recreational vehicles, mobile homes,
  184  or derelict motor vehicles from other than a secondary metals
  185  recycler for purposes of the processing of such motor vehicles,
  186  recreational vehicles, mobile homes, or derelict motor vehicles,
  187  the purchaser shall record the date of purchase and the name,
  188  address, and personal identification card number of the person
  189  selling such items and shall obtain the following documentation
  190  from the seller with respect to each item purchased:
  191         (I) A valid certificate of title issued in the name of the
  192  seller or properly endorsed, as required in s. 319.22, over to
  193  the seller;
  194         (II) A valid salvage certificate of title issued in the
  195  name of the seller or properly endorsed, as required in s.
  196  319.22, over to the seller;
  197         (III)(II) A valid certificate of destruction issued in the
  198  name of the seller or properly endorsed over to the seller; or
  199         (IV)(III) A valid derelict motor vehicle certificate
  200  obtained from the department completed by a licensed salvage
  201  motor vehicle dealer and properly reassigned to the secondary
  202  metals recycler.
  203         b. If a valid certificate of title, salvage certificate of
  204  title, certificate of destruction, or derelict motor vehicle
  205  certificate is not available and the motor vehicle or mobile
  206  home is a derelict motor vehicle, a derelict motor vehicle
  207  certificate application shall be completed by the seller or
  208  owner of the motor vehicle or mobile home, the seller’s or
  209  owner’s authorized transporter, and the registered secondary
  210  metals recycler at the time of sale, transport, or delivery to
  211  the registered secondary metals recycler. The derelict motor
  212  vehicle certificate application shall be used by the seller or
  213  owner, the seller’s or owner’s authorized transporter, and the
  214  registered secondary metals recycler to obtain a derelict motor
  215  vehicle certificate from the department. The identifying number
  216  on the personal identification card of the seller or owner must
  217  be recorded on the derelict motor vehicle certificate
  218  application. The derelict motor vehicle certificate application
  219  must be accompanied by a copy of the seller’s or owner’s
  220  personal identification card when the personal identification
  221  card is something other than a Florida driver’s license or
  222  Florida identification card. If the seller is not the owner of
  223  record of the vehicle being sold, the recycler shall, at the
  224  time of sale, ensure that a smudge-free right thumbprint of the
  225  seller is imprinted upon the derelict motor vehicle certificate
  226  application form, and that a photograph clearly depicting the
  227  seller’s face is affixed to the application and transmitted to
  228  the department. The registered secondary metals recycler shall
  229  secure the derelict motor vehicle for 3 full business days,
  230  excluding weekends and holidays, before destroying or
  231  dismantling the derelict motor vehicle and shall follow all
  232  reporting procedures established by the department, including
  233  electronic notification to the department or delivery of the
  234  original derelict motor vehicle certificate application to an
  235  agent of the department within 24 hours after receiving the
  236  derelict motor vehicle.
  237         c. Any person who knowingly and intentionally willfully and
  238  deliberately violates this subparagraph by selling,
  239  transporting, delivering, purchasing, or receiving a motor
  240  vehicle, recreational motor vehicle, mobile home, or derelict
  241  motor vehicle without obtaining a certificate of title, salvage
  242  certificate of title, certificate of destruction, or derelict
  243  motor vehicle certificate, or derelict motor vehicle certificate
  244  application; enters false or fictitious information on a
  245  derelict motor vehicle certificate application; does not
  246  complete the derelict motor vehicle certificate application as
  247  required; does not obtain a copy of the seller’s or owner’s
  248  personal identification card when required; or does not make the
  249  required notification to the department; or destroys or
  250  dismantles a derelict motor vehicle without waiting the required
  251  3 full business days commits a felony of the third degree,
  252  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  253         5. Major parts from other than a secondary metals recycler
  254  for purposes of the processing of such major parts, the
  255  purchaser shall record the seller’s name, address, date of
  256  purchase, and the personal identification card number of the
  257  person delivering such items, as well as the vehicle
  258  identification number, if available, of each major part
  259  purchased.
  260         (b) Any person who violates this subsection commits a
  261  felony of the third degree, punishable as provided in s.
  262  775.082, s. 775.083, or s. 775.084.
  263         Section 2. This act shall take effect July 1, 2010.

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