December 10, 2018
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       Florida Senate - 2010                       CS for CS for SB 792
       
       
       
       By the Committees on Criminal and Civil Justice Appropriations;
       and Criminal Justice; and Senators Baker and Storms
       
       
       
       604-04275-10                                           2010792c2
    1                        A bill to be entitled                      
    2         An act relating to derelict motor vehicles and mobile
    3         homes; amending s. 319.241, F.S.; revising provisions
    4         relating to an application for the removal of a lien
    5         from the files of the Department of Highway Safety and
    6         Motor Vehicles or from the certificate of title;
    7         authorizing the department to remove the lien from its
    8         files within a specified period after receiving an
    9         application for a derelict motor vehicle certificate
   10         and notification to the lienholder, unless a written
   11         statement protesting such removal is received;
   12         amending s. 319.30, F.S.; revising certain
   13         definitions; revising requirements for disposition of
   14         a motor vehicle, recreational vehicle, or mobile home
   15         that is sold, transported, or delivered to a salvage
   16         motor vehicle dealer or a secondary metals recycler;
   17         requiring certificates of title to conform to
   18         specified provisions; providing for the dealer or
   19         recycler to apply to the Department of Highway Safety
   20         and Motor Vehicles for a derelict motor vehicle
   21         certificate if the certificate of title, salvage
   22         certificate of title, or certificate of destruction is
   23         not available; requiring the derelict motor vehicle
   24         certificate application to be completed by the seller
   25         or owner of the motor vehicle or mobile home, the
   26         seller’s or owner’s authorized transporter, or the
   27         dealer or recycler; requiring certain identification
   28         information be included with the application; revising
   29         the types of documentation that a secondary metals
   30         recycler must obtain; permitting recyclers to obtain
   31         salvage certificates of title from sellers or owners
   32         as a valid method of documentation; providing that a
   33         person engaged in the business of recovering, towing,
   34         or storing vehicles may not claim certain liens, claim
   35         that certain vehicles have remained on any premises
   36         after tenancy has terminated, or use the derelict
   37         motor vehicle certificate application to transport,
   38         sell, or dispose of a motor vehicle at a salvage motor
   39         vehicle dealer or metal recycler without otherwise
   40         obtaining title to the vehicle or a certificate of
   41         destruction; requiring that the department accept all
   42         properly endorsed and completed derelict motor vehicle
   43         certificate applications and issue such certification
   44         having an effective date that authorizes when the
   45         vehicle is eligible for dismantling or destruction;
   46         requiring that such electronic information be stored
   47         and made available to authorized persons; requiring
   48         that all licensed salvage motor vehicle dealers or
   49         registered secondary metals recyclers make all
   50         payments for the purchase of any derelict motor
   51         vehicle that is sold by a seller who is not the owner
   52         of record by check or money order; providing an
   53         effective date.
   54  
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Section 319.241, Florida Statutes, is amended to
   58  read:
   59         319.241 Removal of lien from records.—The owner of a motor
   60  vehicle or mobile home upon which a lien has been filed with the
   61  department or noted upon a certificate of title for a period of
   62  5 years may apply to the department in writing for such lien to
   63  be removed from the department files or from the certificate of
   64  title. The application shall be accompanied by evidence
   65  satisfactory to the department that the applicant has notified
   66  the lienholder by certified mail, not less than 20 days prior to
   67  the date of the application, of his or her intention to apply to
   68  the department for removal of the lien. Ten days after receipt
   69  of the application, the department may remove the lien from its
   70  files or from the certificate of title, as the case may be, if
   71  no statement in writing protesting removal of the lien is
   72  received by the department from the lienholder within the 10-day
   73  period. If, however, the lienholder files with the department
   74  within the 10-day period a written statement that the lien is
   75  still outstanding, the department shall not remove the lien
   76  until the lienholder presents a satisfaction of lien to the
   77  department. Ten days after the receipt of an application for a
   78  derelict motor vehicle certificate and notification to the
   79  lienholder, the department may remove the lien from the derelict
   80  motor vehicle record if a written statement protesting removal
   81  of the lien is not received by the department from the
   82  lienholder within the 10-day period.
   83         Section 2. Subsections (1) and (2), paragraph (b) of
   84  subsection (3), paragraph (a) of subsection (7), and subsection
   85  (8) of section 319.30, Florida Statutes, are amended to read:
   86         319.30 Definitions; dismantling, destruction, change of
   87  identity of motor vehicle or mobile home; salvage.—
   88         (1) As used in this section, the term:
   89         (a) “Certificate of destruction” means the certificate
   90  issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
   91         (b) “Certificate of registration number” means the
   92  certificate of registration number issued by the Department of
   93  Revenue of the State of Florida pursuant to s. 538.25.
   94         (c) “Certificate of title” means a record that serves as
   95  evidence of ownership of a vehicle, whether such record is a
   96  paper certificate authorized by the department or by a motor
   97  vehicle department authorized to issue titles in another state
   98  or a certificate consisting of information stored in electronic
   99  form in the department’s database.
  100         (d) “Derelict” means any material which is or may have been
  101  a motor vehicle or mobile home, which is not a major part or
  102  major component part, which is inoperable, and which is in such
  103  condition that its highest or primary value is in its sale or
  104  transfer as scrap metal.
  105         (e) “Derelict motor vehicle” means any motor vehicle as
  106  defined in s. 320.01(1) or mobile home as defined in s.
  107  320.01(2), with or without all parts, major parts, or major
  108  component parts, which is valued under $1,000, is at least 10
  109  model years old, beginning with the model year of the vehicle as
  110  year one, and is in such condition that its highest or primary
  111  value is for sale, transport, or delivery to a licensed salvage
  112  motor vehicle dealer or registered secondary metals recycler for
  113  dismantling its component parts or conversion to scrap metal.
  114         (f) “Derelict motor vehicle certificate” means a
  115  certificate issued by the department which serves as evidence
  116  that a derelict motor vehicle will be dismantled or converted to
  117  scrap metal. This certificate may be obtained by completing a
  118  derelict motor vehicle certificate application authorized by the
  119  department. completed by the derelict motor vehicle owner, the
  120  owner’s authorized transporter when different from the owner,
  121  and the licensed salvage motor vehicle dealer or the registered
  122  secondary metals recycler and submitted to the department for
  123  cancellation of the title record of the derelict motor vehicle.
  124  A derelict motor vehicle certificate may be reassigned only one
  125  time if the derelict motor vehicle certificate was completed by
  126  a licensed salvage motor vehicle dealer and the derelict motor
  127  vehicle was sold to another licensed salvage motor vehicle
  128  dealer or a secondary metals recycler.
  129         (g) “Junk” means any material which is or may have been a
  130  motor vehicle or mobile home, with or without all component
  131  parts, which is inoperable and which material is in such
  132  condition that its highest or primary value is either in its
  133  sale or transfer as scrap metal or for its component parts, or a
  134  combination of the two, except when sold or delivered to or when
  135  purchased, possessed, or received by a secondary metals recycler
  136  or salvage motor vehicle dealer.
  137         (h) “Major component parts” means:
  138         1. For motor vehicles other than motorcycles, any fender
  139  the front-end assembly (fenders, hood, grill, and bumper), cowl
  140  assembly, rear body section (both quarter panel panels, trunk
  141  lid, door, decklid, and bumper), floor pan, door assemblies,
  142  engine, frame, transmission, catalytic converter, or and airbag.
  143         2. For trucks, in addition to those parts listed in
  144  subparagraph 1., any truck bed, including dump, wrecker, crane,
  145  mixer, cargo box, or any bed which mounts to a truck frame.
  146         3. For motorcycles, the body assembly, frame, fenders, gas
  147  tanks, engine, cylinder block, heads, engine case, crank case,
  148  transmission, drive train, front fork assembly, and wheels.
  149         4. For mobile homes, the frame.
  150         (i) “Major part” means the front-end assembly, cowl
  151  assembly, or rear body section.
  152         (j) “Materials” means motor vehicles, derelicts, and major
  153  parts that are not prepared materials.
  154         (k) “Mobile home” means mobile home as defined in s.
  155  320.01(2).
  156         (l) “Motor vehicle” means motor vehicle as defined in s.
  157  320.01(1).
  158         (m) “Parts” means parts of motor vehicles or combinations
  159  thereof that do not constitute materials or prepared materials.
  160         (n) “Personal identification card” means personal
  161  identification card as defined in s. 538.18(5).
  162         (n)(o) “Prepared materials” means motor vehicles, mobile
  163  homes, derelict motor vehicles, major parts, or parts that have
  164  been processed by mechanically flattening or crushing, or
  165  otherwise processed such that they are not the motor vehicle or
  166  mobile home described in the certificate of title, or their only
  167  value is as scrap metal.
  168         (o)(p) “Processing” means the business of performing the
  169  manufacturing process by which ferrous metals or nonferrous
  170  metals are converted into raw material products consisting of
  171  prepared grades and having an existing or potential economic
  172  value, or the purchase of materials, prepared materials, or
  173  parts therefor.
  174         (p)(q) “Recreational vehicle” means a motor vehicle as
  175  defined in s. 320.01(1).
  176         (q)(r) “Salvage” means a motor vehicle or mobile home which
  177  is a total loss as defined in paragraph (3)(a).
  178         (r)(s) “Salvage certificate of title” means a salvage
  179  certificate of title issued by the department or by another
  180  motor vehicle department authorized to issue titles in another
  181  state.
  182         (s)(t) “Salvage motor vehicle dealer” means salvage motor
  183  vehicle dealer as defined in s. 320.27(1)(c)5.
  184         (t)(u) “Secondary metals recycler” means secondary metals
  185  recycler as defined in s. 538.18(8).
  186         (u) “Seller” means the owner of record or a person who has
  187  physical possession and responsibility for a derelict motor
  188  vehicle and attests that possession of the vehicle was obtained
  189  through lawful means along with all ownership rights. A seller
  190  does not include a towing company, repair shop, or landlord
  191  unless the towing company, repair shop, or landlord has obtained
  192  title, salvage title, or a certificate of destruction in the
  193  name of the towing company, repair shop, or landlord.
  194         (2)(a) Each person mentioned as owner in the last issued
  195  certificate of title, when such motor vehicle or mobile home is
  196  dismantled, destroyed, or changed in such manner that it is not
  197  the motor vehicle or mobile home described in the certificate of
  198  title, shall surrender his or her certificate of title to the
  199  department, and thereupon the department shall, with the consent
  200  of any lienholders noted thereon, enter a cancellation upon its
  201  records. Upon cancellation of a certificate of title in the
  202  manner prescribed by this section, the department may cancel and
  203  destroy all certificates in that chain of title. Any person who
  204  knowingly willfully and deliberately violates this paragraph
  205  commits a misdemeanor of the second degree, punishable as
  206  provided in s. 775.082 or s. 775.083.
  207         (b)1. When a motor vehicle, recreational vehicle, or mobile
  208  home is sold, transported, or delivered to, or received by a
  209  salvage motor vehicle dealer, it shall be accompanied by:
  210         a. A valid certificate of title issued in the name of the
  211  seller or properly endorsed, as required in s. 319.22, over to
  212  the seller;
  213         b. A valid salvage certificate of title issued in the name
  214  of the seller or properly endorsed, as required in s. 319.22,
  215  over to the seller; or
  216         c. A valid certificate of destruction issued in the name of
  217  the seller or properly endorsed over to the seller.
  218         2. Any person who knowingly willfully and deliberately
  219  violates this paragraph by selling, transporting, delivering,
  220  purchasing, or receiving a motor vehicle, recreational vehicle,
  221  or mobile home without obtaining a properly endorsed certificate
  222  of title, salvage certificate of title, or certificate of
  223  destruction from the owner commits a felony of the third degree,
  224  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  225         (c)1. When a derelict motor vehicle is sold, transported,
  226  or delivered to a licensed salvage motor vehicle dealer, the
  227  purchaser shall record the date of purchase and the name,
  228  address, and valid Florida driver’s license number or valid
  229  Florida identification card number, or a valid driver’s license
  230  number or identification card number issued by another state,
  231  personal identification card number of the person selling the
  232  derelict motor vehicle, and it shall be accompanied by:
  233         a. A valid certificate of title issued in the name of the
  234  seller or properly endorsed over to the seller;
  235         b. A valid salvage certificate of title issued in the name
  236  of the seller or properly endorsed over to the seller; or
  237         c. A valid certificate of destruction issued in the name of
  238  the seller or properly endorsed over to the seller.
  239         2. If a valid the certificate of title, salvage certificate
  240  of title, or certificate of destruction is not available, a
  241  derelict motor vehicle certificate application shall be
  242  completed by the seller or owner of the motor vehicle or mobile
  243  home, the seller’s or owner’s authorized transporter, and the
  244  licensed salvage motor vehicle dealer at the time of sale,
  245  transport, or delivery to the licensed salvage motor vehicle
  246  dealer. The derelict motor vehicle certificate application shall
  247  be used by the seller or owner, the seller’s or owner’s
  248  authorized transporter, and the licensed salvage motor vehicle
  249  dealer to obtain a derelict motor vehicle certificate from the
  250  department. The derelict motor vehicle certificate application
  251  must be accompanied by a legible copy of the seller’s or owner’s
  252  valid Florida driver’s license or Florida identification card,
  253  or a valid driver’s license or identification card issued by
  254  another state. If the seller is not the owner of record of the
  255  vehicle being sold, the dealer shall, at the time of sale,
  256  acquire a smudge-free right thumbprint, or other digit if the
  257  seller has no right thumb, of the seller is imprinted upon the
  258  derelict motor vehicle certificate application and that a
  259  legible copy of the seller’s driver’s license or identification
  260  card is affixed to the application and transmitted to the
  261  department. The licensed salvage motor vehicle dealer shall
  262  secure the derelict motor vehicle or mobile home for 3 full
  263  business days, excluding weekends and holidays, if there is no
  264  active lien or a lien of 3 years or more on the department’s
  265  records before destroying or dismantling the derelict motor
  266  vehicle and shall follow all reporting procedures established by
  267  the department, including electronic notification to the
  268  department or delivery of the original derelict motor vehicle
  269  certificate application to an agent of the department within 24
  270  hours after receiving the derelict motor vehicle. If there is an
  271  active lien of 3 years or less on the derelict motor vehicle,
  272  the licensed salvage motor vehicle dealer shall secure the
  273  derelict motor vehicle for 10 days. The department shall notify
  274  the lienholder that a derelict motor vehicle certificate has
  275  been issued and shall notify the lienholder of its intention to
  276  remove the lien. Ten days after receipt of the motor vehicle
  277  derelict certificate application, the department may remove the
  278  lien from its records if a written statement protesting removal
  279  of the lien is not received by the department from the
  280  lienholder within the 10-day period. However, if the lienholder
  281  files with the department and the licensed salvage motor vehicle
  282  dealer within the 10-day period a written statement that the
  283  lien is still outstanding, the department shall not remove the
  284  lien and shall place an administrative hold on the record for 30
  285  days to allow the lienholder to apply for title to the vehicle
  286  or a repossession certificate under s. 319.28. The licensed
  287  salvage motor vehicle dealer must secure the derelict motor
  288  vehicle until the department’s administrative stop is removed,
  289  the lienholder submits a lien satisfaction, or the lienholder
  290  takes possession of the vehicle.
  291         3. Any person who knowingly willfully and deliberately
  292  violates this paragraph by selling, transporting, delivering,
  293  purchasing, or receiving a derelict motor vehicle without
  294  obtaining a certificate of title, salvage certificate of title,
  295  certificate of destruction, or derelict motor vehicle
  296  certificate application; enters false or fictitious information
  297  on a derelict motor vehicle certificate application; does not
  298  complete the derelict motor vehicle certificate application as
  299  required; does not obtain a legible copy of the seller’s or
  300  owner’s valid driver’s license or identification card when
  301  required; or does not make the required notification to the
  302  department; or destroys or dismantles a derelict motor vehicle
  303  without waiting the required time as set forth in subparagraph
  304  2. 3 full business days commits a felony of the third degree,
  305  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  306         (3)
  307         (b) The owner, including persons who are self-insured, of
  308  any motor vehicle or mobile home which is considered to be
  309  salvage shall, within 72 hours after the motor vehicle or mobile
  310  home becomes salvage, forward the title to the motor vehicle or
  311  mobile home to the department for processing. However, an
  312  insurance company which pays money as compensation for total
  313  loss of a motor vehicle or mobile home shall obtain the
  314  certificate of title for the motor vehicle or mobile home and,
  315  within 72 hours after receiving such certificate of title, shall
  316  forward such title to the department for processing. The owner
  317  or insurance company, as the case may be, may not dispose of a
  318  vehicle or mobile home that is a total loss before it has
  319  obtained a salvage certificate of title or certificate of
  320  destruction from the department. When applying for a salvage
  321  certificate of title or certificate of destruction, the owner or
  322  insurance company must provide the department with an estimate
  323  of the costs of repairing the physical and mechanical damage
  324  suffered by the vehicle for which a salvage certificate of title
  325  or certificate of destruction is sought. If the estimated costs
  326  of repairing the physical and mechanical damage to the vehicle
  327  are equal to 80 percent or more of the current retail cost of
  328  the vehicle, as established in any official used car or used
  329  mobile home guide, the department shall declare the vehicle
  330  unrebuildable and print a certificate of destruction, which
  331  authorizes the dismantling or destruction of the motor vehicle
  332  or mobile home described therein. However, if the damaged motor
  333  vehicle is equipped with custom-lowered floors for wheelchair
  334  access or a wheelchair lift, the insurance company may, upon
  335  determining that the vehicle is repairable to a condition that
  336  is safe for operation on public roads, submit the certificate of
  337  title to the department for reissuance as a salvage rebuildable
  338  title and the addition of a title brand of “insurance-declared
  339  total loss.” The certificate of destruction shall be
  340  reassignable a maximum of two times before dismantling or
  341  destruction of the vehicle shall be required, and shall
  342  accompany the motor vehicle or mobile home for which it is
  343  issued, when such motor vehicle or mobile home is sold for such
  344  purposes, in lieu of a certificate of title, and, thereafter,
  345  the department shall refuse issuance of any certificate of title
  346  for that vehicle. Nothing in this subsection shall be applicable
  347  when a vehicle is worth less than $1,500 retail in undamaged
  348  condition in any official used motor vehicle guide or used
  349  mobile home guide or when a stolen motor vehicle or mobile home
  350  is recovered in substantially intact condition and is readily
  351  resalable without extensive repairs to or replacement of the
  352  frame or engine. Any person who knowingly willfully and
  353  deliberately violates this paragraph or falsifies any document
  354  to avoid the requirements of this paragraph commits a
  355  misdemeanor of the first degree, punishable as provided in s.
  356  775.082 or s. 775.083.
  357         (7)(a) In the event of a purchase by a secondary metals
  358  recycler, that has been issued a certificate of registration
  359  number, of:
  360         1. Materials, prepared materials, or parts from any seller
  361  for purposes other than the processing of such materials,
  362  prepared materials, or parts, the purchaser shall obtain such
  363  documentation as may be required by this section and shall
  364  record the seller’s name and address, date of purchase, and the
  365  personal identification card number of the person delivering
  366  such items.
  367         2. Parts or prepared materials from any seller for purposes
  368  of the processing of such parts or prepared materials, the
  369  purchaser shall record the seller’s name and address and date of
  370  purchase and, in the event of a purchase transaction consisting
  371  primarily of parts or prepared materials, the personal
  372  identification card number of the person delivering such items.
  373         3. Materials from another secondary metals recycler for
  374  purposes of the processing of such materials, the purchaser
  375  shall record the seller’s name and address and date of purchase.
  376         4.a. Motor vehicles, recreational vehicles, mobile homes,
  377  or derelict motor vehicles from other than a secondary metals
  378  recycler for purposes of the processing of such motor vehicles,
  379  recreational vehicles, mobile homes, or derelict motor vehicles,
  380  the purchaser shall record the date of purchase and the name,
  381  address, and personal identification card number of the person
  382  selling such items and shall obtain the following documentation
  383  from the seller with respect to each item purchased:
  384         (I) A valid certificate of title issued in the name of the
  385  seller or properly endorsed, as required in s. 319.22, over to
  386  the seller;
  387         (II) A valid salvage certificate of title issued in the
  388  name of the seller or properly endorsed, as required in s.
  389  319.22, over to the seller;
  390         (III)(II) A valid certificate of destruction issued in the
  391  name of the seller or properly endorsed over to the seller; or
  392         (IV)(III) A valid derelict motor vehicle certificate
  393  obtained from the department completed by a licensed salvage
  394  motor vehicle dealer and properly reassigned to the secondary
  395  metals recycler.
  396         b. If a valid certificate of title, salvage certificate of
  397  title, certificate of destruction, or derelict motor vehicle
  398  certificate is not available and the motor vehicle or mobile
  399  home is a derelict motor vehicle, a derelict motor vehicle
  400  certificate application shall be completed by the seller or
  401  owner of the motor vehicle or mobile home, the seller’s or
  402  owner’s authorized transporter, and the registered secondary
  403  metals recycler at the time of sale, transport, or delivery to
  404  the registered secondary metals recycler to obtain a derelict
  405  motor vehicle certificate from the department. The derelict
  406  motor vehicle certificate application must be accompanied by a
  407  legible copy of the seller’s or owner’s valid Florida driver’s
  408  license or Florida identification card, or a valid driver’s
  409  license or identification card from another state. If the seller
  410  is not the owner of record of the vehicle being sold, the
  411  recycler shall, at the time of sale, acquire a smudge-free right
  412  thumbprint, or other digit if the seller has no right thumb, of
  413  the seller is imprinted upon the derelict motor vehicle
  414  certificate application, and that the legible copy of the
  415  seller’s driver’s license or identification card is affixed to
  416  the application and transmitted to the department. The derelict
  417  motor vehicle certificate shall be used by the owner, the
  418  owner’s authorized transporter, and the registered secondary
  419  metals recycler. The registered secondary metals recycler shall
  420  secure the derelict motor vehicle for 3 full business days,
  421  excluding weekends and holidays, if there is no active lien or a
  422  lien of 3 years or more on the department’s records before
  423  destroying or dismantling the derelict motor vehicle and shall
  424  follow all reporting procedures established by the department,
  425  including electronic notification to the department or delivery
  426  of the original derelict motor vehicle certificate application
  427  to an agent of the department within 24 hours after receiving
  428  the derelict motor vehicle. If there is an active lien of 3
  429  years or less on the derelict motor vehicle, the registered
  430  secondary metals recycler shall secure the derelict motor
  431  vehicle for 10 days. The department shall notify the lienholder
  432  of the application for a derelict motor vehicle certificate and
  433  shall notify the lienholder of its intention to remove the lien.
  434  Ten days after receipt of the motor vehicle derelict
  435  application, the department may remove the lien from its records
  436  if a written statement protesting removal of the lien is not
  437  received by the department from the lienholder within the 10-day
  438  period. However, if the lienholder files with the department and
  439  the registered secondary metals recycler within the 10-day
  440  period a written statement that the lien is still outstanding,
  441  the department shall not remove the lien and shall place an
  442  administrative hold on the record for 30 days to allow the
  443  lienholder to apply for title to the vehicle or a repossession
  444  certificate under s. 319.28. The registered secondary metals
  445  recycler must secure the derelict motor vehicle until the
  446  department’s administrative stop is removed, the lienholder
  447  submits a lien satisfaction, or the lienholder takes possession
  448  of the vehicle.
  449         c. Any person who knowingly willfully and deliberately
  450  violates this subparagraph by selling, transporting, delivering,
  451  purchasing, or receiving a motor vehicle, recreational motor
  452  vehicle, mobile home, or derelict motor vehicle without
  453  obtaining a certificate of title, salvage certificate of title,
  454  certificate of destruction, or derelict motor vehicle
  455  certificate; enters false or fictitious information on a
  456  derelict motor vehicle certificate application; does not
  457  complete the derelict motor vehicle certificate application as
  458  required or does not make the required notification to the
  459  department; does not obtain a legible copy of the seller’s or
  460  owner’s driver’s license or identification card when required;
  461  or destroys or dismantles a derelict motor vehicle without
  462  waiting the required time as set forth in sub-subparagraph b. 3
  463  full business days commits a felony of the third degree,
  464  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  465         5. Major parts from other than a secondary metals recycler
  466  for purposes of the processing of such major parts, the
  467  purchaser shall record the seller’s name, address, date of
  468  purchase, and the personal identification card number of the
  469  person delivering such items, as well as the vehicle
  470  identification number, if available, of each major part
  471  purchased.
  472         (8)(a) Secondary metals recyclers and salvage motor vehicle
  473  dealers shall return to the department on a monthly basis all
  474  certificates of title and salvage certificates of title that are
  475  required by this section to be obtained. Secondary metals
  476  recyclers and salvage motor vehicle dealers may elect to notify
  477  the department electronically through procedures established by
  478  the department when they receive each motor vehicle or mobile
  479  home, salvage motor vehicle or mobile home, or derelict motor
  480  vehicle with a certificate of title or salvage certificate of
  481  title through procedures established by the department. The
  482  department may adopt rules and establish fees as it deems
  483  necessary or proper for the administration of the electronic
  484  notification service.
  485         (b) Secondary metals recyclers and salvage motor vehicle
  486  dealers shall keep originals, or a copy in the event the
  487  original was returned to the department, of all certificates of
  488  title, salvage certificates of title, certificates of
  489  destruction, derelict motor vehicle certificates, and all other
  490  information required by this section to be recorded or obtained,
  491  on file in the offices of such secondary metals recyclers or
  492  salvage motor vehicle dealers for a period of 3 years after the
  493  date of purchase of the items reflected in such certificates of
  494  title, salvage certificates of title, certificates of
  495  destruction, or derelict motor vehicle certificates. These
  496  records shall be maintained in chronological order.
  497         (c) For the purpose of enforcement of this section, the
  498  department or its agents and employees have the same right of
  499  inspection as law enforcement officers as provided in s.
  500  812.055.
  501         (d) Whenever the department, its agent or employee, or any
  502  law enforcement officer has reason to believe that a stolen or
  503  fraudulently titled motor vehicle, mobile home, recreational
  504  vehicle, salvage motor vehicle, or derelict motor vehicle is in
  505  the possession of a salvage motor vehicle dealer or secondary
  506  metals recycler, the department, its agent or employee, or the
  507  law enforcement officer may issue an extended a hold notice, not
  508  to exceed 5 additional business days, excluding weekends and
  509  holidays, to the salvage motor vehicle dealer or registered
  510  secondary metals recycler.
  511         (e) Whenever a salvage motor vehicle dealer or registered
  512  secondary metals recycler is notified by the department, its
  513  agent or employee, or any law enforcement officer to hold a
  514  motor vehicle, mobile home, recreational vehicle, salvage motor
  515  vehicle, or derelict motor vehicle that is believed to be stolen
  516  or fraudulently titled, the salvage motor vehicle dealer or
  517  registered secondary metals recycler shall hold the motor
  518  vehicle, mobile home, recreational vehicle, salvage motor
  519  vehicle, or derelict motor vehicle and may not dismantle or
  520  destroy the motor vehicle, mobile home, recreational vehicle,
  521  salvage motor vehicle, or derelict motor vehicle until it is
  522  recovered by a law enforcement officer, the hold is released by
  523  the department or the law enforcement officer placing the hold,
  524  or the extended 5 additional business working days have passed
  525  since being notified of the hold. If a stolen or fraudulently
  526  titled motor vehicle, mobile home, recreational vehicle, salvage
  527  motor vehicle, or derelict motor vehicle is recovered by a law
  528  enforcement officer, the salvage motor vehicle dealer or
  529  secondary metals recycler shall bear the burden of any loss
  530  resulting from its recovery or seizure.
  531         (f) This section does not authorize any person who is
  532  engaged in the business of recovering, towing, or storing
  533  vehicles pursuant to s. 713.78, and who is claiming a lien for
  534  performing labor or services on a motor vehicle or mobile home
  535  pursuant to s. 713.58, or is claiming that a motor vehicle or
  536  mobile home has remained on any premises after tenancy has
  537  terminated pursuant to s. 715.104, to use a derelict motor
  538  vehicle certificate application for the purpose of transporting,
  539  selling, disposing, or delivering of a motor vehicle at a
  540  salvage motor vehicle dealer or metal recycler without obtaining
  541  the title or certificate of destruction required under s.
  542  713.58, s. 713.78, or s. 715.104.
  543         (g) The department shall accept all properly endorsed and
  544  completed derelict motor vehicle certificate applications and
  545  shall issue a derelict motor vehicle certificate having an
  546  effective date that authorizes when a derelict motor vehicle is
  547  eligible for dismantling or destruction. The electronic
  548  information obtained from the derelict motor vehicle certificate
  549  application shall be stored electronically and shall be made
  550  available to authorized persons after issuance of the derelict
  551  motor vehicle certificate in the Florida Real Time Vehicle
  552  Information System.
  553         (h)(f) The department is authorized to adopt rules pursuant
  554  to ss. 120.536(1) and 120.54 establishing policies and
  555  procedures to administer and enforce this section.
  556         (i)(g) The department shall charge a fee of $3 for each
  557  derelict motor vehicle certificate delivered to the department
  558  or one of its agents for processing and shall mark the title
  559  record canceled. A service charge may be collected under s.
  560  320.04.
  561         (j) The licensed salvage motor vehicle dealer or registered
  562  secondary metals recycler shall make all payments for the
  563  purchase of any derelict motor vehicle that is sold by a seller
  564  who is not the owner of record on file with the department by
  565  check or money order made payable to the seller and may not make
  566  payment to the authorized transporter. The licensed salvage
  567  motor vehicle dealer or registered secondary metals recycler may
  568  not cash the check that such dealer or recycler issued to the
  569  seller.
  570         Section 3. This act shall take effect July 1, 2010.

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