October 21, 2019
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       CS for CS for SB 792                       First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2010792e1
       
    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:
  106         1. Any motor vehicle as defined in s. 320.01(1) or mobile
  107  home as defined in s. 320.01(2), with or without all parts,
  108  major parts, or major component parts, which is valued under
  109  $1,000, is at least 10 model years old, beginning with the model
  110  year of the vehicle as year one, and is in such condition that
  111  its highest or primary value is for sale, transport, or delivery
  112  to a licensed salvage motor vehicle dealer or registered
  113  secondary metals recycler for dismantling its component parts or
  114  conversion to scrap metal; or
  115         2. Any trailer as defined in s. 320.01(1), with or without
  116  all parts, major parts, or major component parts, which is
  117  valued under $5,000, is at least 10 model years old, beginning
  118  with the model year of the vehicle as year one, and is in such
  119  condition that its highest or primary value is for sale,
  120  transport, or delivery to a licensed salvage motor vehicle
  121  dealer or registered secondary metals recycler for conversion to
  122  scrap metal.
  123         (f) “Derelict motor vehicle certificate” means a
  124  certificate issued by the department which serves as evidence
  125  that a derelict motor vehicle will be dismantled or converted to
  126  scrap metal. This certificate may be obtained by completing a
  127  derelict motor vehicle certificate application authorized by the
  128  department. completed by the derelict motor vehicle owner, the
  129  owner’s authorized transporter when different from the owner,
  130  and the licensed salvage motor vehicle dealer or the registered
  131  secondary metals recycler and submitted to the department for
  132  cancellation of the title record of the derelict motor vehicle.
  133  A derelict motor vehicle certificate may be reassigned only one
  134  time if the derelict motor vehicle certificate was completed by
  135  a licensed salvage motor vehicle dealer and the derelict motor
  136  vehicle was sold to another licensed salvage motor vehicle
  137  dealer or a secondary metals recycler.
  138         (g) “Junk” means any material which is or may have been a
  139  motor vehicle or mobile home, with or without all component
  140  parts, which is inoperable and which material is in such
  141  condition that its highest or primary value is either in its
  142  sale or transfer as scrap metal or for its component parts, or a
  143  combination of the two, except when sold or delivered to or when
  144  purchased, possessed, or received by a secondary metals recycler
  145  or salvage motor vehicle dealer.
  146         (h) “Major component parts” means:
  147         1. For motor vehicles other than motorcycles, any fender
  148  the front-end assembly (fenders, hood, grill, and bumper), cowl
  149  assembly, rear body section (both quarter panel panels, trunk
  150  lid, door, decklid, and bumper), floor pan, door assemblies,
  151  engine, frame, transmission, catalytic converter, or and airbag.
  152         2. For trucks, in addition to those parts listed in
  153  subparagraph 1., any truck bed, including dump, wrecker, crane,
  154  mixer, cargo box, or any bed which mounts to a truck frame.
  155         3. For motorcycles, the body assembly, frame, fenders, gas
  156  tanks, engine, cylinder block, heads, engine case, crank case,
  157  transmission, drive train, front fork assembly, and wheels.
  158         4. For mobile homes, the frame.
  159         (i) “Major part” means the front-end assembly, cowl
  160  assembly, or rear body section.
  161         (j) “Materials” means motor vehicles, derelicts, and major
  162  parts that are not prepared materials.
  163         (k) “Mobile home” means mobile home as defined in s.
  164  320.01(2).
  165         (l) “Motor vehicle” means motor vehicle as defined in s.
  166  320.01(1).
  167         (m) “Parts” means parts of motor vehicles or combinations
  168  thereof that do not constitute materials or prepared materials.
  169         (n) “Personal identification card” means personal
  170  identification card as defined in s. 538.18(5).
  171         (n)(o) “Prepared materials” means motor vehicles, mobile
  172  homes, derelict motor vehicles, major parts, or parts that have
  173  been processed by mechanically flattening or crushing, or
  174  otherwise processed such that they are not the motor vehicle or
  175  mobile home described in the certificate of title, or their only
  176  value is as scrap metal.
  177         (o)(p) “Processing” means the business of performing the
  178  manufacturing process by which ferrous metals or nonferrous
  179  metals are converted into raw material products consisting of
  180  prepared grades and having an existing or potential economic
  181  value, or the purchase of materials, prepared materials, or
  182  parts therefor.
  183         (p)(q) “Recreational vehicle” means a motor vehicle as
  184  defined in s. 320.01(1).
  185         (q)(r) “Salvage” means a motor vehicle or mobile home which
  186  is a total loss as defined in paragraph (3)(a).
  187         (r)(s) “Salvage certificate of title” means a salvage
  188  certificate of title issued by the department or by another
  189  motor vehicle department authorized to issue titles in another
  190  state.
  191         (s)(t) “Salvage motor vehicle dealer” means salvage motor
  192  vehicle dealer as defined in s. 320.27(1)(c)5.
  193         (t)(u) “Secondary metals recycler” means secondary metals
  194  recycler as defined in s. 538.18(8).
  195         (u) “Seller” means the owner of record or a person who has
  196  physical possession and responsibility for a derelict motor
  197  vehicle and attests that possession of the vehicle was obtained
  198  through lawful means along with all ownership rights. A seller
  199  does not include a towing company, repair shop, or landlord
  200  unless the towing company, repair shop, or landlord has obtained
  201  title, salvage title, or a certificate of destruction in the
  202  name of the towing company, repair shop, or landlord.
  203         (2)(a) Each person mentioned as owner in the last issued
  204  certificate of title, when such motor vehicle or mobile home is
  205  dismantled, destroyed, or changed in such manner that it is not
  206  the motor vehicle or mobile home described in the certificate of
  207  title, shall surrender his or her certificate of title to the
  208  department, and thereupon the department shall, with the consent
  209  of any lienholders noted thereon, enter a cancellation upon its
  210  records. Upon cancellation of a certificate of title in the
  211  manner prescribed by this section, the department may cancel and
  212  destroy all certificates in that chain of title. Any person who
  213  knowingly willfully and deliberately violates this paragraph
  214  commits a misdemeanor of the second degree, punishable as
  215  provided in s. 775.082 or s. 775.083.
  216         (b)1. When a motor vehicle, recreational vehicle, or mobile
  217  home is sold, transported, or delivered to, or received by a
  218  salvage motor vehicle dealer, it shall be accompanied by:
  219         a. A valid certificate of title issued in the name of the
  220  seller or properly endorsed, as required in s. 319.22, over to
  221  the seller;
  222         b. A valid salvage certificate of title issued in the name
  223  of the seller or properly endorsed, as required in s. 319.22,
  224  over to the seller; or
  225         c. A valid certificate of destruction issued in the name of
  226  the seller or properly endorsed over to the seller.
  227         2. Any person who knowingly willfully and deliberately
  228  violates this paragraph by selling, transporting, delivering,
  229  purchasing, or receiving a motor vehicle, recreational vehicle,
  230  or mobile home without obtaining a properly endorsed certificate
  231  of title, salvage certificate of title, or certificate of
  232  destruction from the owner commits a felony of the third degree,
  233  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  234         (c)1. When a derelict motor vehicle is sold, transported,
  235  or delivered to a licensed salvage motor vehicle dealer, the
  236  purchaser shall record the date of purchase and the name,
  237  address, and valid Florida driver’s license number or valid
  238  Florida identification card number, or a valid driver’s license
  239  number or identification card number issued by another state,
  240  personal identification card number of the person selling the
  241  derelict motor vehicle, and it shall be accompanied by:
  242         a. A valid certificate of title issued in the name of the
  243  seller or properly endorsed over to the seller;
  244         b. A valid salvage certificate of title issued in the name
  245  of the seller or properly endorsed over to the seller; or
  246         c. A valid certificate of destruction issued in the name of
  247  the seller or properly endorsed over to the seller.
  248         2. If a valid the certificate of title, salvage certificate
  249  of title, or certificate of destruction is not available, a
  250  derelict motor vehicle certificate application shall be
  251  completed by the seller or owner of the motor vehicle or mobile
  252  home, the seller’s or owner’s authorized transporter, and the
  253  licensed salvage motor vehicle dealer at the time of sale,
  254  transport, or delivery to the licensed salvage motor vehicle
  255  dealer. The derelict motor vehicle certificate application shall
  256  be used by the seller or owner, the seller’s or owner’s
  257  authorized transporter, and the licensed salvage motor vehicle
  258  dealer to obtain a derelict motor vehicle certificate from the
  259  department. The derelict motor vehicle certificate application
  260  must be accompanied by a legible copy of the seller’s or owner’s
  261  valid Florida driver’s license or Florida identification card,
  262  or a valid driver’s license or identification card issued by
  263  another state. If the seller is not the owner of record of the
  264  vehicle being sold, the dealer shall, at the time of sale,
  265  acquire a smudge-free right thumbprint, or other digit if the
  266  seller has no right thumb, of the seller is imprinted upon the
  267  derelict motor vehicle certificate application and that a
  268  legible copy of the seller’s driver’s license or identification
  269  card is affixed to the application and transmitted to the
  270  department. The licensed salvage motor vehicle dealer shall
  271  secure the derelict motor vehicle or mobile home for 3 full
  272  business days, excluding weekends and holidays, if there is no
  273  active lien or a lien of 3 years or more on the department’s
  274  records before destroying or dismantling the derelict motor
  275  vehicle and shall follow all reporting procedures established by
  276  the department, including electronic notification to the
  277  department or delivery of the original derelict motor vehicle
  278  certificate application to an agent of the department within 24
  279  hours after receiving the derelict motor vehicle. If there is an
  280  active lien of 3 years or less on the derelict motor vehicle,
  281  the licensed salvage motor vehicle dealer shall secure the
  282  derelict motor vehicle for 10 days. The department shall notify
  283  the lienholder that a derelict motor vehicle certificate has
  284  been issued and shall notify the lienholder of its intention to
  285  remove the lien. Ten days after receipt of the motor vehicle
  286  derelict certificate application, the department may remove the
  287  lien from its records if a written statement protesting removal
  288  of the lien is not received by the department from the
  289  lienholder within the 10-day period. However, if the lienholder
  290  files with the department and the licensed salvage motor vehicle
  291  dealer within the 10-day period a written statement that the
  292  lien is still outstanding, the department shall not remove the
  293  lien and shall place an administrative hold on the record for 30
  294  days to allow the lienholder to apply for title to the vehicle
  295  or a repossession certificate under s. 319.28. The licensed
  296  salvage motor vehicle dealer must secure the derelict motor
  297  vehicle until the department’s administrative stop is removed,
  298  the lienholder submits a lien satisfaction, or the lienholder
  299  takes possession of the vehicle.
  300         3. Any person who knowingly willfully and deliberately
  301  violates this paragraph by selling, transporting, delivering,
  302  purchasing, or receiving a derelict motor vehicle without
  303  obtaining a certificate of title, salvage certificate of title,
  304  certificate of destruction, or derelict motor vehicle
  305  certificate application; enters false or fictitious information
  306  on a derelict motor vehicle certificate application; does not
  307  complete the derelict motor vehicle certificate application as
  308  required; does not obtain a legible copy of the seller’s or
  309  owner’s valid driver’s license or identification card when
  310  required; or does not make the required notification to the
  311  department; or destroys or dismantles a derelict motor vehicle
  312  without waiting the required time as set forth in subparagraph
  313  2. 3 full business days commits a felony of the third degree,
  314  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  315         (3)
  316         (b) The owner, including persons who are self-insured, of
  317  any motor vehicle or mobile home which is considered to be
  318  salvage shall, within 72 hours after the motor vehicle or mobile
  319  home becomes salvage, forward the title to the motor vehicle or
  320  mobile home to the department for processing. However, an
  321  insurance company which pays money as compensation for total
  322  loss of a motor vehicle or mobile home shall obtain the
  323  certificate of title for the motor vehicle or mobile home and,
  324  within 72 hours after receiving such certificate of title, shall
  325  forward such title to the department for processing. The owner
  326  or insurance company, as the case may be, may not dispose of a
  327  vehicle or mobile home that is a total loss before it has
  328  obtained a salvage certificate of title or certificate of
  329  destruction from the department. When applying for a salvage
  330  certificate of title or certificate of destruction, the owner or
  331  insurance company must provide the department with an estimate
  332  of the costs of repairing the physical and mechanical damage
  333  suffered by the vehicle for which a salvage certificate of title
  334  or certificate of destruction is sought. If the estimated costs
  335  of repairing the physical and mechanical damage to the vehicle
  336  are equal to 80 percent or more of the current retail cost of
  337  the vehicle, as established in any official used car or used
  338  mobile home guide, the department shall declare the vehicle
  339  unrebuildable and print a certificate of destruction, which
  340  authorizes the dismantling or destruction of the motor vehicle
  341  or mobile home described therein. However, if the damaged motor
  342  vehicle is equipped with custom-lowered floors for wheelchair
  343  access or a wheelchair lift, the insurance company may, upon
  344  determining that the vehicle is repairable to a condition that
  345  is safe for operation on public roads, submit the certificate of
  346  title to the department for reissuance as a salvage rebuildable
  347  title and the addition of a title brand of “insurance-declared
  348  total loss.” The certificate of destruction shall be
  349  reassignable a maximum of two times before dismantling or
  350  destruction of the vehicle shall be required, and shall
  351  accompany the motor vehicle or mobile home for which it is
  352  issued, when such motor vehicle or mobile home is sold for such
  353  purposes, in lieu of a certificate of title, and, thereafter,
  354  the department shall refuse issuance of any certificate of title
  355  for that vehicle. Nothing in this subsection shall be applicable
  356  when a vehicle is worth less than $1,500 retail in undamaged
  357  condition in any official used motor vehicle guide or used
  358  mobile home guide or when a stolen motor vehicle or mobile home
  359  is recovered in substantially intact condition and is readily
  360  resalable without extensive repairs to or replacement of the
  361  frame or engine. Any person who knowingly willfully and
  362  deliberately violates this paragraph or falsifies any document
  363  to avoid the requirements of this paragraph commits a
  364  misdemeanor of the first degree, punishable as provided in s.
  365  775.082 or s. 775.083.
  366         (7)(a) In the event of a purchase by a secondary metals
  367  recycler, that has been issued a certificate of registration
  368  number, of:
  369         1. Materials, prepared materials, or parts from any seller
  370  for purposes other than the processing of such materials,
  371  prepared materials, or parts, the purchaser shall obtain such
  372  documentation as may be required by this section and shall
  373  record the seller’s name and address, date of purchase, and the
  374  personal identification card number of the person delivering
  375  such items.
  376         2. Parts or prepared materials from any seller for purposes
  377  of the processing of such parts or prepared materials, the
  378  purchaser shall record the seller’s name and address and date of
  379  purchase and, in the event of a purchase transaction consisting
  380  primarily of parts or prepared materials, the personal
  381  identification card number of the person delivering such items.
  382         3. Materials from another secondary metals recycler for
  383  purposes of the processing of such materials, the purchaser
  384  shall record the seller’s name and address and date of purchase.
  385         4.a. Motor vehicles, recreational vehicles, mobile homes,
  386  or derelict motor vehicles from other than a secondary metals
  387  recycler for purposes of the processing of such motor vehicles,
  388  recreational vehicles, mobile homes, or derelict motor vehicles,
  389  the purchaser shall record the date of purchase and the name,
  390  address, and personal identification card number of the person
  391  selling such items and shall obtain the following documentation
  392  from the seller with respect to each item purchased:
  393         (I) A valid certificate of title issued in the name of the
  394  seller or properly endorsed, as required in s. 319.22, over to
  395  the seller;
  396         (II) A valid salvage certificate of title issued in the
  397  name of the seller or properly endorsed, as required in s.
  398  319.22, over to the seller;
  399         (III)(II) A valid certificate of destruction issued in the
  400  name of the seller or properly endorsed over to the seller; or
  401         (IV)(III) A valid derelict motor vehicle certificate
  402  obtained from the department completed by a licensed salvage
  403  motor vehicle dealer and properly reassigned to the secondary
  404  metals recycler.
  405         b. If a valid certificate of title, salvage certificate of
  406  title, certificate of destruction, or derelict motor vehicle
  407  certificate is not available and the motor vehicle or mobile
  408  home is a derelict motor vehicle, a derelict motor vehicle
  409  certificate application shall be completed by the seller or
  410  owner of the motor vehicle or mobile home, the seller’s or
  411  owner’s authorized transporter, and the registered secondary
  412  metals recycler at the time of sale, transport, or delivery to
  413  the registered secondary metals recycler to obtain a derelict
  414  motor vehicle certificate from the department. The derelict
  415  motor vehicle certificate application must be accompanied by a
  416  legible copy of the seller’s or owner’s valid Florida driver’s
  417  license or Florida identification card, or a valid driver’s
  418  license or identification card from another state. If the seller
  419  is not the owner of record of the vehicle being sold, the
  420  recycler shall, at the time of sale, acquire a smudge-free right
  421  thumbprint, or other digit if the seller has no right thumb, of
  422  the seller is imprinted upon the derelict motor vehicle
  423  certificate application, and that the legible copy of the
  424  seller’s driver’s license or identification card is affixed to
  425  the application and transmitted to the department. The derelict
  426  motor vehicle certificate shall be used by the owner, the
  427  owner’s authorized transporter, and the registered secondary
  428  metals recycler. The registered secondary metals recycler shall
  429  secure the derelict motor vehicle for 3 full business days,
  430  excluding weekends and holidays, if there is no active lien or a
  431  lien of 3 years or more on the department’s records before
  432  destroying or dismantling the derelict motor vehicle and shall
  433  follow all reporting procedures established by the department,
  434  including electronic notification to the department or delivery
  435  of the original derelict motor vehicle certificate application
  436  to an agent of the department within 24 hours after receiving
  437  the derelict motor vehicle. If there is an active lien of 3
  438  years or less on the derelict motor vehicle, the registered
  439  secondary metals recycler shall secure the derelict motor
  440  vehicle for 10 days. The department shall notify the lienholder
  441  of the application for a derelict motor vehicle certificate and
  442  shall notify the lienholder of its intention to remove the lien.
  443  Ten days after receipt of the motor vehicle derelict
  444  application, the department may remove the lien from its records
  445  if a written statement protesting removal of the lien is not
  446  received by the department from the lienholder within the 10-day
  447  period. However, if the lienholder files with the department and
  448  the registered secondary metals recycler within the 10-day
  449  period a written statement that the lien is still outstanding,
  450  the department shall not remove the lien and shall place an
  451  administrative hold on the record for 30 days to allow the
  452  lienholder to apply for title to the vehicle or a repossession
  453  certificate under s. 319.28. The registered secondary metals
  454  recycler must secure the derelict motor vehicle until the
  455  department’s administrative stop is removed, the lienholder
  456  submits a lien satisfaction, or the lienholder takes possession
  457  of the vehicle.
  458         c. Any person who knowingly willfully and deliberately
  459  violates this subparagraph by selling, transporting, delivering,
  460  purchasing, or receiving a motor vehicle, recreational motor
  461  vehicle, mobile home, or derelict motor vehicle without
  462  obtaining a certificate of title, salvage certificate of title,
  463  certificate of destruction, or derelict motor vehicle
  464  certificate; enters false or fictitious information on a
  465  derelict motor vehicle certificate application; does not
  466  complete the derelict motor vehicle certificate application as
  467  required or does not make the required notification to the
  468  department; does not obtain a legible copy of the seller’s or
  469  owner’s driver’s license or identification card when required;
  470  or destroys or dismantles a derelict motor vehicle without
  471  waiting the required time as set forth in sub-subparagraph b. 3
  472  full business days commits a felony of the third degree,
  473  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  474         5. Major parts from other than a secondary metals recycler
  475  for purposes of the processing of such major parts, the
  476  purchaser shall record the seller’s name, address, date of
  477  purchase, and the personal identification card number of the
  478  person delivering such items, as well as the vehicle
  479  identification number, if available, of each major part
  480  purchased.
  481         (8)(a) Secondary metals recyclers and salvage motor vehicle
  482  dealers shall return to the department on a monthly basis all
  483  certificates of title and salvage certificates of title that are
  484  required by this section to be obtained. Secondary metals
  485  recyclers and salvage motor vehicle dealers may elect to notify
  486  the department electronically through procedures established by
  487  the department when they receive each motor vehicle or mobile
  488  home, salvage motor vehicle or mobile home, or derelict motor
  489  vehicle with a certificate of title or salvage certificate of
  490  title through procedures established by the department. The
  491  department may adopt rules and establish fees as it deems
  492  necessary or proper for the administration of the electronic
  493  notification service.
  494         (b) Secondary metals recyclers and salvage motor vehicle
  495  dealers shall keep originals, or a copy in the event the
  496  original was returned to the department, of all certificates of
  497  title, salvage certificates of title, certificates of
  498  destruction, derelict motor vehicle certificates, and all other
  499  information required by this section to be recorded or obtained,
  500  on file in the offices of such secondary metals recyclers or
  501  salvage motor vehicle dealers for a period of 3 years after the
  502  date of purchase of the items reflected in such certificates of
  503  title, salvage certificates of title, certificates of
  504  destruction, or derelict motor vehicle certificates. These
  505  records shall be maintained in chronological order.
  506         (c) For the purpose of enforcement of this section, the
  507  department or its agents and employees have the same right of
  508  inspection as law enforcement officers as provided in s.
  509  812.055.
  510         (d) Whenever the department, its agent or employee, or any
  511  law enforcement officer has reason to believe that a stolen or
  512  fraudulently titled motor vehicle, mobile home, recreational
  513  vehicle, salvage motor vehicle, or derelict motor vehicle is in
  514  the possession of a salvage motor vehicle dealer or secondary
  515  metals recycler, the department, its agent or employee, or the
  516  law enforcement officer may issue an extended a hold notice, not
  517  to exceed 5 additional business days, excluding weekends and
  518  holidays, to the salvage motor vehicle dealer or registered
  519  secondary metals recycler.
  520         (e) Whenever a salvage motor vehicle dealer or registered
  521  secondary metals recycler is notified by the department, its
  522  agent or employee, or any law enforcement officer to hold a
  523  motor vehicle, mobile home, recreational vehicle, salvage motor
  524  vehicle, or derelict motor vehicle that is believed to be stolen
  525  or fraudulently titled, the salvage motor vehicle dealer or
  526  registered secondary metals recycler shall hold the motor
  527  vehicle, mobile home, recreational vehicle, salvage motor
  528  vehicle, or derelict motor vehicle and may not dismantle or
  529  destroy the motor vehicle, mobile home, recreational vehicle,
  530  salvage motor vehicle, or derelict motor vehicle until it is
  531  recovered by a law enforcement officer, the hold is released by
  532  the department or the law enforcement officer placing the hold,
  533  or the extended 5 additional business working days have passed
  534  since being notified of the hold.
  535         (f) This section does not authorize any person who is
  536  engaged in the business of recovering, towing, or storing
  537  vehicles pursuant to s. 713.78, and who is claiming a lien for
  538  performing labor or services on a motor vehicle or mobile home
  539  pursuant to s. 713.58, or is claiming that a motor vehicle or
  540  mobile home has remained on any premises after tenancy has
  541  terminated pursuant to s. 715.104, to use a derelict motor
  542  vehicle certificate application for the purpose of transporting,
  543  selling, disposing, or delivering of a motor vehicle at a
  544  salvage motor vehicle dealer or metal recycler without obtaining
  545  the title or certificate of destruction required under s.
  546  713.58, s. 713.78, or s. 715.104.
  547         (g) The department shall accept all properly endorsed and
  548  completed derelict motor vehicle certificate applications and
  549  shall issue a derelict motor vehicle certificate having an
  550  effective date that authorizes when a derelict motor vehicle is
  551  eligible for dismantling or destruction. The electronic
  552  information obtained from the derelict motor vehicle certificate
  553  application shall be stored electronically and shall be made
  554  available to authorized persons after issuance of the derelict
  555  motor vehicle certificate in the Florida Real Time Vehicle
  556  Information System.
  557         (h)(f) The department is authorized to adopt rules pursuant
  558  to ss. 120.536(1) and 120.54 establishing policies and
  559  procedures to administer and enforce this section.
  560         (i)(g) The department shall charge a fee of $3 for each
  561  derelict motor vehicle certificate delivered to the department
  562  or one of its agents for processing and shall mark the title
  563  record canceled. A service charge may be collected under s.
  564  320.04.
  565         (j) The licensed salvage motor vehicle dealer or registered
  566  secondary metals recycler shall make all payments for the
  567  purchase of any derelict motor vehicle that is sold by a seller
  568  who is not the owner of record on file with the department by
  569  check or money order made payable to the seller and may not make
  570  payment to the authorized transporter. The licensed salvage
  571  motor vehicle dealer or registered secondary metals recycler may
  572  not cash the check that such dealer or recycler issued to the
  573  seller.
  574         Section 3. This act shall take effect July 1, 2010.

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