Bill Text: FL S0482 | 2010 | Regular Session | Engrossed
Bill Title: Highway Safety Act [CPSC]
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2010-04-30 - Died in Messages, companion bill(s) passed, see CS/CS/CS/HB 631 (Ch. 2010-198), CS/CS/HB 971 (Ch. 2010-223) [S0482 Detail]
Download: Florida-2010-S0482-Engrossed.html
CS for CS for SB 482 Second Engrossed 2010482e2 1 A bill to be entitled 2 An act relating to transportation; creating the 3 “Highway Safety Act”; providing legislative intent 4 relating to road rage and aggressive careless driving; 5 requiring the Department of Highway Safety and Motor 6 Vehicles to provide information about the Highway 7 Safety Act in driver’s license educational materials; 8 amending s. 316.003, F.S.; defining the term “road 9 rage”; amending s. 316.083, F.S.; requiring an 10 operator of a motor vehicle to yield the left lane 11 when being overtaken on a multilane highway; providing 12 exceptions; amending s. 316.1923, F.S.; revising the 13 number of specified acts necessary to qualify as an 14 aggressive careless driver; providing specified 15 punishments for aggressive careless driving; 16 specifying the allocation of moneys received from the 17 increased fine imposed for aggressive careless 18 driving; reenacting s. 316.650(1)(a), F.S., relating 19 to traffic citations, to incorporate the amendments 20 made to s. 316.1923, F.S., in a reference thereto; 21 amending s. 318.19, F.S.; providing that a second or 22 subsequent infraction as an aggressive careless driver 23 requires attendance at a mandatory hearing; providing 24 for the disposition of the increased penalties; 25 creating s. 335.199, F.S.; directing the Department of 26 Transportation to notify certain property owners and 27 local governmental entities of certain proposed 28 projects before finalizing the design of certain 29 transportation projects; providing a timeframe for 30 notification; requiring the department to hold a 31 public hearing and receive public input regarding the 32 effects of the project on local businesses; directing 33 the department to consider the comments in the final 34 design of the project; amending s. 316.003, F.S.; 35 redefining the term “electric personal assistive 36 mobility device” to include additional devices for 37 transporting one person; amending s. 316.008, F.S.; 38 authorizing local governments to regulate certain 39 vehicles and other motorized devices operating on 40 sidewalks; amending s. 316.1995, F.S.; conforming 41 provisions to changes made by the act; exempting 42 motorized wheelchairs from certain ordinances; 43 amending s. 316.212, F.S.; authorizing local 44 governments to enact ordinances permitting the use of 45 golf carts on sidewalks; amending s. 316.2128, F.S.; 46 conforming provisions relating to notices required to 47 be displayed by certain sellers of motorized scooters 48 and motorcycles; amending s. 319.241, F.S.; revising 49 provisions relating to an application for the removal 50 of a lien from the files of the Department of Highway 51 Safety and Motor Vehicles or from the certificate of 52 title; authorizing the department to remove the lien 53 from its files within a specified period after 54 receiving an application for a derelict motor vehicle 55 certificate and notification to the lienholder, unless 56 a written statement protesting such removal is 57 received; amending s. 319.30, F.S.; revising certain 58 definitions; revising requirements for disposition of 59 a motor vehicle, recreational vehicle, or mobile home 60 that is sold, transported, or delivered to a salvage 61 motor vehicle dealer or a secondary metals recycler; 62 requiring certificates of title to conform to 63 specified provisions; providing for the dealer or 64 recycler to apply to the Department of Highway Safety 65 and Motor Vehicles for a derelict motor vehicle 66 certificate if the certificate of title, salvage 67 certificate of title, or certificate of destruction is 68 not available; requiring the derelict motor vehicle 69 certificate application to be completed by the seller 70 or owner of the motor vehicle or mobile home, the 71 seller’s or owner’s authorized transporter, or the 72 dealer or recycler; requiring certain identification 73 information be included with the application; revising 74 the types of documentation that a secondary metals 75 recycler must obtain; permitting recyclers to obtain 76 salvage certificates of title from sellers or owners 77 as a valid method of documentation; providing that a 78 person engaged in the business of recovering, towing, 79 or storing vehicles may not claim certain liens, claim 80 that certain vehicles have remained on any premises 81 after tenancy has terminated, or use the derelict 82 motor vehicle certificate application to transport, 83 sell, or dispose of a motor vehicle at a salvage motor 84 vehicle dealer or metal recycler without otherwise 85 obtaining title to the vehicle or a certificate of 86 destruction; requiring that the department accept all 87 properly endorsed and completed derelict motor vehicle 88 certificate applications and issue such certification 89 having an effective date that authorizes when the 90 vehicle is eligible for dismantling or destruction; 91 requiring that such electronic information be stored 92 and made available to authorized persons; requiring 93 that all licensed salvage motor vehicle dealers or 94 registered secondary metals recyclers make all 95 payments for the purchase of any derelict motor 96 vehicle that is sold by a seller who is not the owner 97 of record by check or money order; providing an 98 effective date. 99 100 Be It Enacted by the Legislature of the State of Florida: 101 102 Section 1. This act may be cited as the “Highway Safety 103 Act.” 104 Section 2. The Legislature finds that road rage and 105 aggressive careless driving are a growing threat to the health, 106 safety, and welfare of the public. The intent of the Legislature 107 is to reduce road rage and aggressive careless driving, reduce 108 the incidence of drivers’ interfering with the movement of 109 traffic, minimize crashes, and promote the orderly, free flow of 110 traffic on the roads and highways of the state. 111 Section 3. The Department of Highway Safety and Motor 112 Vehicles shall provide information about the Highway Safety Act 113 in all newly printed driver’s license educational materials 114 after October 1, 2010. 115 Section 4. Subsection (86) is added to section 316.003, 116 Florida Statutes, to read: 117 316.003 Definitions.—The following words and phrases, when 118 used in this chapter, shall have the meanings respectively 119 ascribed to them in this section, except where the context 120 otherwise requires: 121 (86) ROAD RAGE.—The act of a driver or passenger to 122 intentionally or unintentionally, due to a loss of emotional 123 control, injure or kill another driver, passenger, or 124 pedestrian, or to attempt or threaten to injure or kill another 125 driver, passenger, or pedestrian. 126 Section 5. Present subsection (3) of section 316.083, 127 Florida Statutes, is redesignated as subsection (4), and a new 128 subsection (3) is added to that section, to read: 129 316.083 Overtaking and passing a vehicle.—The following 130 rules shall govern the overtaking and passing of vehicles 131 proceeding in the same direction, subject to those limitations, 132 exceptions, and special rules hereinafter stated: 133 (3)(a) On roads, streets, or highways having two or more 134 lanes that allow movement in the same direction, a driver may 135 not continue to operate a motor vehicle in the furthermost left 136 hand lane if the driver knows, or reasonably should know, that 137 he or she is being overtaken in that lane from the rear by a 138 motor vehicle traveling at a higher rate of speed. 139 (b) Paragraph (a) does not apply to a driver operating a 140 motor vehicle in the furthermost left-hand lane if: 141 1. The driver is driving the legal speed limit and is not 142 impeding the flow of traffic in the furthermost left-hand lane; 143 2. The driver is in the process of overtaking a slower 144 motor vehicle in the adjacent right-hand lane for the purpose of 145 passing the slower moving vehicle so that the driver may move to 146 the adjacent right-hand lane; 147 3. Conditions make the flow of traffic substantially the 148 same in all lanes or preclude the driver from moving to the 149 adjacent right-hand lane; 150 4. The driver’s movement to the adjacent right-hand lane 151 could endanger the driver or other drivers; 152 5. The driver is directed by a law enforcement officer, 153 road sign, or road crew to remain in the furthermost left-hand 154 lane; or 155 6. The driver is preparing to make a left turn. 156 (c) A driver who violates s. 316.183 and this subsection 157 simultaneously shall receive a uniform traffic citation solely 158 under s. 316.183. 159 Section 6. Section 316.1923, Florida Statutes, is amended 160 to read: 161 316.1923 Aggressive careless driving.— 162 (1) “Aggressive careless driving” means committing three 163twoor more of the following acts simultaneously or in 164 succession: 165 (a)(1)Exceeding the posted speed as defined in s. 166 322.27(3)(d)5.b. 167 (b)(2)Unsafely or improperly changing lanes as defined in 168 s. 316.085. 169 (c)(3)Following another vehicle too closely as defined in 170 s. 316.0895(1). 171 (d)(4)Failing to yield the right-of-way as defined in s. 172 316.079, s. 316.0815, or s. 316.123. 173 (e)(5)Improperly passing or failing to yield to overtaking 174 vehicles as defined in s. 316.083, s. 316.084, or s. 316.085. 175 (f)(6)Violating traffic control and signal devices as 176 defined in ss. 316.074 and 316.075. 177 (2) Any person convicted of aggressive careless driving 178 shall be cited for a moving violation and punished as provided 179 in chapter 318, and by the accumulation of points as provided in 180 s. 322.27, for each act of aggressive careless driving. 181 (3) In addition to any fine or points administered under 182 subsection (2), a person convicted of aggressive careless 183 driving shall also pay: 184 (a) Upon a first conviction, a fine of $100. 185 (b) Upon a second or subsequent conviction, a fine of not 186 less than $250 but not more than $500 and be subject to a 187 mandatory hearing under s. 318.19. 188 (4) The clerk of the court shall remit the moneys collected 189 from the increased fine imposed by subsection (3) to the 190 Department of Revenue for deposit into the Department of Health 191 Administrative Trust Fund. Of the funds deposited into the 192 Department of Health Administrative Trust Fund, $200,000 in the 193 first year after this act takes effect, and $50,000 in the 194 second and third years, shall be transferred to the Department 195 of Highway Safety and Motor Vehicles General Revenue Fund to 196 offset the cost of providing educational materials related to 197 this act. All other funds deposited into the Administrative 198 Trust Fund under this section shall be used to provide financial 199 support to verified trauma centers to ensure the availability 200 and accessibility of trauma services throughout the state and 201 shall be allocated as follows: 202 (a) Twenty-five percent shall be allocated equally among 203 all Level I, Level II, and pediatric trauma centers in 204 recognition of readiness costs for maintaining trauma services. 205 (b) Twenty-five percent shall be allocated among Level I, 206 Level II, and pediatric trauma centers based on each center’s 207 relative volume of trauma cases as reported in the Department of 208 Health Trauma Registry. 209 (c) Twenty-five percent shall be transferred to the 210 Emergency Medical Services Trust Fund and used by the Department 211 of Health for making matching grants to emergency medical 212 services organizations as defined in s. 401.107. 213 (d) Twenty-five percent shall be transferred to the 214 Emergency Medical Services Trust Fund and made available to 215 rural emergency medical services as defined in s. 401.107, and 216 shall be used solely to improve and expand prehospital emergency 217 medical services in this state. Additionally, these moneys may 218 be used for the improvement, expansion, or continuation of 219 services provided. 220 Section 7. For the purpose of incorporating the amendments 221 made by this act to section 316.1923, Florida Statutes, in a 222 reference thereto, paragraph (a) of subsection (1) of section 223 316.650, Florida Statutes, is reenacted to read: 224 316.650 Traffic citations.— 225 (1)(a) The department shall prepare and supply to every 226 traffic enforcement agency in this state an appropriate form 227 traffic citation that contains a notice to appear, is issued in 228 prenumbered books, meets the requirements of this chapter or any 229 laws of this state regulating traffic, and is consistent with 230 the state traffic court rules and the procedures established by 231 the department. The form shall include a box that is to be 232 checked by the law enforcement officer when the officer believes 233 that the traffic violation or crash was due to aggressive 234 careless driving as defined in s. 316.1923. The form shall also 235 include a box that is to be checked by the law enforcement 236 officer when the officer writes a uniform traffic citation for a 237 violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of 238 the driver failing to stop at a traffic signal. 239 Section 8. Section 318.19, Florida Statutes, is amended to 240 read: 241 318.19 Infractions requiring a mandatory hearing.—Any 242 person cited for the infractions listed in this section shall 243 not have the provisions of s. 318.14(2), (4), and (9) available 244 to him or her but must appear before the designated official at 245 the time and location of the scheduled hearing: 246 (1) Any infraction which results in a crash that causes the 247 death of another; 248 (2) Any infraction which results in a crash that causes 249 “serious bodily injury” of another as defined in s. 316.1933(1); 250 (3) Any infraction of s. 316.172(1)(b); 251 (4) Any infraction of s. 316.520(1) or (2);or252 (5) Any infraction of s. 316.183(2), s. 316.187, or s. 253 316.189 of exceeding the speed limit by 30 m.p.h. or more; or.254 (6) A second or subsequent infraction of s. 316.1923(1). 255 Section 9. Section 335.199, Florida Statutes, is created to 256 read: 257 335.199 Transportation projects modifying access to 258 adjacent property.— 259 (1) Whenever the Department of Transportation proposes any 260 project on the State Highway System which will divide a state 261 highway, erect median barriers modifying currently available 262 vehicle turning movements, or have the effect of closing or 263 modifying an existing access to an abutting property owner, the 264 department shall notify all affected property owners, 265 municipalities, and counties at least 180 days before the design 266 of the project is finalized. The department’s notice shall 267 provide a written explanation regarding the need for the project 268 and indicate that all affected parties will be given an 269 opportunity to provide comments to the department regarding 270 potential impacts of the change. 271 (2)(a) If the project is within the boundaries of a 272 municipality, the notification shall be issued in writing to the 273 chief elected official of the municipality. If the project is in 274 the unincorporated area of a county, the notification shall be 275 issued in writing to the chief elected official of the county. 276 (b) The department must also consult with the applicable 277 local government on its final design proposal if the department 278 intends to divide a state highway, erect median barriers, or 279 close or modify existing access to abutting commercial business 280 properties. The local government may present the department with 281 alternatives that relieve impacts to such business properties. 282 (3) The department shall hold at least one public hearing 283 in the jurisdiction where the project is located and receive 284 public input to determine how the project will affect access to 285 businesses and the potential economic impact of the project on 286 the local business community. 287 (4) The department must review all comments from the public 288 hearing and take the comments and any alternatives presented by 289 a local government under subsection (2) into consideration in 290 the final design of the highway project. 291 Section 10. Subsection (83) of section 316.003, Florida 292 Statutes, is amended to read: 293 316.003 Definitions.—The following words and phrases, when 294 used in this chapter, shall have the meanings respectively 295 ascribed to them in this section, except where the context 296 otherwise requires: 297 (83) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.—Any self 298 balancing, two-nontandem-wheeleddevice, designed to transport 299 only one person, with an electric propulsion system with average 300 power of no more than 750 watts (1 horsepower), the maximum 301 speed of which, on a paved level surface when powered solely by 302 such a propulsion system while being ridden by an operator who 303 weighs 170 pounds, is less than 20 miles per hour. Electric 304 personal assistive mobility devices are not vehicles as defined 305 in this section. 306 Section 11. Subsection (7) is added to section 316.008, 307 Florida Statutes, to read: 308 316.008 Powers of local authorities.— 309 (7) A county or municipality may enact an ordinance to 310 permit, control, or regulate the operation of vehicles, golf 311 carts, mopeds, motorized scooters, and electric personal 312 assistive mobility devices on sidewalks or sidewalk areas when 313 such use is permissible under federal law. The ordinance must 314 restrict such vehicles or devices to a maximum speed of 15 miles 315 per hour in such areas, when such use is permitted under federal 316 law. 317 Section 12. Section 316.1995, Florida Statutes, is amended 318 to read: 319 316.1995 Driving upon sidewalk or bicycle path.— 320 (1) Except as provided in s. 316.008 or s. 316.212(8), aNo321 person may notshalldrive any vehicle other than by human power 322 upon a bicycle path, sidewalk, or sidewalk area, except upon a 323 permanent or duly authorized temporary driveway. 324 (2) A violation of this section is a noncriminal traffic 325 infraction, punishable as a moving violation as provided in 326 chapter 318. 327 (3) This section does not apply to motorized wheelchairs. 328 Section 13. Subsection (8) of section 316.212, Florida 329 Statutes, is amended to read: 330 316.212 Operation of golf carts on certain roadways.—The 331 operation of a golf cart upon the public roads or streets of 332 this state is prohibited except as provided herein: 333 (8) A local governmental entity may enact an ordinance 334 relating to: 335 (a)RegardingGolf cart operation and equipment which is 336 more restrictive than those enumerated in this section. Upon 337 enactment of such ordinance, the local governmental entity shall 338 post appropriate signs or otherwise inform the residents that 339 such an ordinance exists and that it will be enforced within the 340 local government’s jurisdictional territory. An ordinance 341 referred to in this section must apply only to an unlicensed 342 driver. 343 (b) Golf cart operation on sidewalks adjacent to specific 344 segments of municipal streets, county roads, or state highways 345 within the jurisdictional territory of the local governmental 346 entity if: 347 1. The local governmental entity determines, after 348 considering the condition and current use of the sidewalks, the 349 character of the surrounding community, and the locations of 350 authorized golf cart crossings, that golf carts, bicycles, and 351 pedestrians may safely share the sidewalk; 352 2. The local governmental entity consults with the 353 Department of Transportation before adopting the ordinance; 354 3. The ordinance restricts golf carts to a maximum speed of 355 15 miles per hour and permits such use on sidewalks adjacent to 356 state highways only if the sidewalks are at least 8 feet wide; 357 4. The ordinance requires the golf carts to meet the 358 equipment requirements in subsection (6). However, the ordinance 359 may require additional equipment, including horns or other 360 warning devices required by s. 316.271; and 361 5. The local governmental entity posts appropriate signs or 362 otherwise informs residents that the ordinance exists and 363 applies to such sidewalks. 364 Section 14. Section 316.2128, Florida Statutes, is amended 365 to read: 366 316.2128 Operation of motorized scooters and miniature 367 motorcycles; requirements for sales.— 368 (1) A person who engages in the business of, serves in the 369 capacity of, or acts as a commercial seller of motorized 370 scooters or miniature motorcycles in this state must prominently 371 display at his or her place of business a notice that such 372 vehicles are not legal to operate on public roads,or sidewalks373andmay not be registered as motor vehicles, and may not be 374 operated on sidewalks unless authorized by an ordinance enacted 375 pursuant to s. 316.008(7) or s. 316.212(8). The required notice 376 must also appear in all forms of advertising offering motorized 377 scooters or miniature motorcycles for sale. The notice and a 378 copy of this section must also be provided to a consumer prior 379 to the consumer’s purchasing or becoming obligated to purchase a 380 motorized scooter or a miniature motorcycle. 381 (2) Any person selling or offering a motorized scooter or a 382 miniature motorcycle for sale in violation of this section 383 commits an unfair and deceptive trade practice as defined in 384 part II of chapter 501. 385 Section 15. Section 319.241, Florida Statutes, is amended 386 to read: 387 319.241� Removal of lien from records.—The owner of a motor 388 vehicle or mobile home upon which a lien has been filed with the 389 department or noted upon a certificate of title for a period of 390 5 years may apply to the department in writing for such lien to 391 be removed from the department files or from the certificate of 392 title. The application shall be accompanied by evidence 393 satisfactory to the department that the applicant has notified 394 the lienholder by certified mail, not less than 20 days prior to 395 the date of the application, of his or her intention to apply to 396 the department for removal of the lien. Ten days after receipt 397 of the application, the department may remove the lien from its 398 files or from the certificate of title, as the case may be, if 399 no statement in writing protesting removal of the lien is 400 received by the department from the lienholder within the 10-day 401 period. If, however, the lienholder files with the department 402 within the 10-day period a written statement that the lien is 403 still outstanding, the department shall not remove the lien 404 until the lienholder presents a satisfaction of lien to the 405 department. Ten days after the receipt of an application for a 406 derelict motor vehicle certificate and notification to the 407 lienholder, the department may remove the lien from the derelict 408 motor vehicle record if a written statement protesting removal 409 of the lien is not received by the department from the 410 lienholder within the 10-day period. 411 Section 16. Subsections (1) and (2), paragraph (b) of 412 subsection (3), paragraph (a) of subsection (7), and subsection 413 (8) of section 319.30, Florida Statutes, are amended to read: 414 319.30� Definitions; dismantling, destruction, change of 415 identity of motor vehicle or mobile home; salvage.— 416 (1)� As used in this section, the term: 417 (a) “Certificate of destruction” means the certificate 418 issued pursuant to s. 713.78(11) or s. 713.785(7)(a). 419 (b) “Certificate of registration number” means the 420 certificate of registration number issued by the Department of 421 Revenue of the State of Florida pursuant to s. 538.25. 422 (c)� “Certificate of title” means a record that serves as 423 evidence of ownership of a vehicle, whether such record is a 424 paper certificate authorized by the department or by a motor 425 vehicle department authorized to issue titles in another state 426 or a certificate consisting of information stored in electronic 427 form in the department’s database. 428 (d) “Derelict” means any material which is or may have been 429 a motor vehicle or mobile home, which is not a major part or 430 major component part, which is inoperable, and which is in such 431 condition that its highest or primary value is in its sale or 432 transfer as scrap metal. 433 (e)� “Derelict motor vehicle” means: 434 1. Any motor vehicle as defined in s. 320.01(1) or mobile 435 home as defined in s. 320.01(2), with or without all parts, 436 major parts, or major component parts, which is valued under 437 $1,000, is at least 10 model years old, beginning with the model 438 year of the vehicle as year one, and is in such condition that 439 its highest or primary value is for sale, transport, or delivery 440 to a licensed salvage motor vehicle dealer or registered 441 secondary metals recycler for dismantling its component parts or 442 conversion to scrap metal; or 443 2. Any trailer as defined in s. 320.01(1), with or without 444 all parts, major parts, or major component parts, which is 445 valued under $5,000, is at least 10 model years old, beginning 446 with the model year of the vehicle as year one, and is in such 447 condition that its highest or primary value is for sale, 448 transport, or delivery to a licensed salvage motor vehicle 449 dealer or registered secondary metals recycler for conversion to 450 scrap metal. 451 (f)� “Derelict motor vehicle certificate” means a 452 certificate issued by the department which serves as evidence 453 that a derelict motor vehicle will be dismantled or converted to 454 scrap metal. This certificate may be obtained by completing a 455 derelict motor vehicle certificate application authorized by the 456 department.completed by the derelict motor vehicle owner, the457owner’s authorized transporter when different from the owner,458and the licensed salvage motor vehicle dealer or the registered459secondary metals recycler and submitted to the department for460cancellation of the title record of the derelict motor vehicle.461 A derelict motor vehicle certificate may be reassigned only one 462 time if the derelict motor vehicle certificate was completed by 463 a licensed salvage motor vehicle dealer and the derelict motor 464 vehicle was sold to another licensed salvage motor vehicle 465 dealer or a secondary metals recycler. 466 (g) “Junk” means any material which is or may have been a 467 motor vehicle or mobile home, with or without all component 468 parts, which is inoperable and which material is in such 469 condition that its highest or primary value is either in its 470 sale or transfer as scrap metal or for its component parts, or a 471 combination of the two, except when sold or delivered to or when 472 purchased, possessed, or received by a secondary metals recycler 473 or salvage motor vehicle dealer. 474 (h)� “Major component parts” means: 475 1.� For motor vehicles other than motorcycles, any fender 476the front-end assembly (fenders, hood,grill, andbumper), cowl 477 assembly, rearbody section (bothquarter panelpanels, trunk 478 lid, door, decklid,and bumper),floor pan,door assemblies,479 engine, frame, transmission, catalytic converter, orandairbag. 480 2.� For trucks, in addition to those parts listed in 481 subparagraph 1., any truck bed, including dump, wrecker, crane, 482 mixer, cargo box, or any bed which mounts to a truck frame. 483 3.� For motorcycles, the body assembly, frame, fenders, gas 484 tanks, engine, cylinder block, heads, engine case, crank case, 485 transmission, drive train, front fork assembly, and wheels. 486 4.� For mobile homes, the frame. 487 (i) “Major part” means the front-end assembly, cowl 488 assembly, or rear body section. 489 (j) “Materials” means motor vehicles, derelicts, and major 490 parts that are not prepared materials. 491 (k) “Mobile home” means mobile home as defined in s. 492 320.01(2). 493 (l) “Motor vehicle” means motor vehicle as defined in s. 494 320.01(1). 495 (m) “Parts” means parts of motor vehicles or combinations 496 thereof that do not constitute materials or prepared materials. 497(n)� “Personal identification card” means personal498identification card as defined in s.538.18(5).499 (n)(o)� “Prepared materials” means motor vehicles, mobile 500 homes, derelict motor vehicles, major parts, or parts that have 501 been processed by mechanically flattening or crushing, or 502 otherwise processed such that they are not the motor vehicle or 503 mobile home described in the certificate of title, or their only 504 value is as scrap metal. 505 (o)(p)� “Processing” means the business of performing the 506 manufacturing process by which ferrous metals or nonferrous 507 metals are converted into raw material products consisting of 508 prepared grades and having an existing or potential economic 509 value, or the purchase of materials, prepared materials, or 510 parts therefor. 511 (p)(q)� “Recreational vehicle” means a motor vehicle as 512 defined in s. 320.01(1). 513 (q)(r)“Salvage” means a motor vehicle or mobile home which 514 is a total loss as defined in paragraph (3)(a). 515 (r)(s)� “Salvage certificate of title” means a salvage 516 certificate of title issued by the department or by another 517 motor vehicle department authorized to issue titles in another 518 state. 519 (s)(t)� “Salvage motor vehicle dealer” means salvage motor 520 vehicle dealer as defined in s. 320.27(1)(c)5. 521 (t)(u)� “Secondary metals recycler” means secondary metals 522 recycler as defined in s. 538.18(8). 523 (u) “Seller” means the owner of record or a person who has 524 physical possession and responsibility for a derelict motor 525 vehicle and attests that possession of the vehicle was obtained 526 through lawful means along with all ownership rights. A seller 527 does not include a towing company, repair shop, or landlord 528 unless the towing company, repair shop, or landlord has obtained 529 title, salvage title, or a certificate of destruction in the 530 name of the towing company, repair shop, or landlord. 531 (2)(a)� Each person mentioned as owner in the last issued 532 certificate of title, when such motor vehicle or mobile home is 533 dismantled, destroyed, or changed in such manner that it is not 534 the motor vehicle or mobile home described in the certificate of 535 title, shall surrender his or her certificate of title to the 536 department, and thereupon the department shall, with the consent 537 of any lienholders noted thereon, enter a cancellation upon its 538 records. Upon cancellation of a certificate of title in the 539 manner prescribed by this section, the department may cancel and 540 destroy all certificates in that chain of title. Any person who 541 knowinglywillfully and deliberatelyviolates this paragraph 542 commits a misdemeanor of the second degree, punishable as 543 provided in s. 775.082 or s. 775.083. 544 (b)1.� When a motor vehicle, recreational vehicle, or mobile 545 home is sold, transported,ordelivered to, or received by a 546 salvage motor vehicle dealer, it shall be accompanied by: 547 a.� A valid certificate of title issued in the name of the 548 seller or properly endorsed, as required in s. 319.22, over to 549 the seller; 550 b.� A valid salvage certificate of title issued in the name 551 of the seller or properly endorsed, as required in s. 319.22, 552 over to the seller; or 553 c.� A valid certificate of destruction issued in the name of 554 the seller or properly endorsed over to the seller. 555 2.� Any person who knowinglywillfully and deliberately556 violates this paragraph by selling, transporting, delivering, 557 purchasing, or receiving a motor vehicle, recreational vehicle, 558 or mobile home without obtaining a properly endorsed certificate 559 of title, salvage certificate of title, or certificate of 560 destruction from the owner commits a felony of the third degree, 561 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 562 (c)1.� When a derelict motor vehicle is sold, transported, 563 or delivered to a licensed salvage motor vehicle dealer, the 564 purchaser shall record the date of purchase and the name, 565 address, and valid Florida driver’s license number or valid 566 Florida identification card number, or a valid driver’s license 567 number or identification card number issued by another state, 568personal identification card numberof the person selling the 569 derelict motor vehicle, and it shall be accompanied by: 570 a.� A valid certificate of title issued in the name of the 571 seller or properly endorsed over to the seller; 572 b.� A valid salvage certificate of title issued in the name 573 of the seller or properly endorsed over to the seller; or 574 c.� A valid certificate of destruction issued in the name of 575 the seller or properly endorsed over to the seller. 576 2.� If a validthecertificate of title, salvage certificate 577 of title, or certificate of destruction is not available, a 578 derelict motor vehicle certificate application shall be 579 completed by the seller or owner of the motor vehicle or mobile 580 home, the seller’s or owner’s authorized transporter, and the 581 licensed salvage motor vehicle dealer at the time of sale, 582 transport, or delivery to the licensed salvage motor vehicle 583 dealer. The derelict motor vehicle certificate application shall 584 be used by the seller or owner, the seller’s or owner’s 585 authorized transporter, and the licensed salvage motor vehicle 586 dealer to obtain a derelict motor vehicle certificate from the 587 department. The derelict motor vehicle certificate application 588 must be accompanied by a legible copy of the seller’s or owner’s 589 valid Florida driver’s license or Florida identification card, 590 or a valid driver’s license or identification card issued by 591 another state. If the seller is not the owner of record of the 592 vehicle being sold, the dealer shall, at the time of sale, 593 acquire a smudge-free right thumbprint, or other digit if the 594 seller has no right thumb, of the seller is imprinted upon the 595 derelict motor vehicle certificate application and that a 596 legible copy of the seller’s driver’s license or identification 597 card is affixed to the application and transmitted to the 598 department. The licensed salvage motor vehicle dealer shall 599 secure the derelict motor vehicleor mobile homefor 3 full 600 business days, excluding weekends and holidays, if there is no 601 active lien or a lien of 3 years or more on the department’s 602 records before destroying or dismantling the derelict motor 603 vehicle and shall follow all reporting procedures established by 604 the department, including electronic notification to the 605 department or delivery of the original derelict motor vehicle 606 certificate application to an agent of the department within 24 607 hours after receiving the derelict motor vehicle. If there is an 608 active lien of 3 years or less on the derelict motor vehicle, 609 the licensed salvage motor vehicle dealer shall secure the 610 derelict motor vehicle for 10 days. The department shall notify 611 the lienholder that a derelict motor vehicle certificate has 612 been issued and shall notify the lienholder of its intention to 613 remove the lien. Ten days after receipt of the motor vehicle 614 derelict certificate application, the department may remove the 615 lien from its records if a written statement protesting removal 616 of the lien is not received by the department from the 617 lienholder within the 10-day period. However, if the lienholder 618 files with the department and the licensed salvage motor vehicle 619 dealer within the 10-day period a written statement that the 620 lien is still outstanding, the department shall not remove the 621 lien and shall place an administrative hold on the record for 30 622 days to allow the lienholder to apply for title to the vehicle 623 or a repossession certificate under s. 319.28. The licensed 624 salvage motor vehicle dealer must secure the derelict motor 625 vehicle until the department’s administrative stop is removed, 626 the lienholder submits a lien satisfaction, or the lienholder 627 takes possession of the vehicle. 628 3.� Any person who knowinglywillfully and deliberately629 violates this paragraph by selling, transporting, delivering, 630 purchasing, or receiving a derelict motor vehicle without 631 obtaining a certificate of title, salvage certificate of title, 632 certificate of destruction, or derelict motor vehicle 633 certificate application; enters false or fictitious information 634 on a derelict motor vehicle certificate application; does not 635 complete the derelict motor vehicle certificate application as 636 required; does not obtain a legible copy of the seller’s or 637 owner’s valid driver’s license or identification card when 638 required;ordoes not make the required notification to the 639 department; or destroys or dismantles a derelict motor vehicle 640 without waiting the required time as set forth in subparagraph 641 2.3 full business dayscommits a felony of the third degree, 642 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 643 (3) 644 (b)� The owner, including persons who are self-insured, of 645 any motor vehicle or mobile home which is considered to be 646 salvage shall, within 72 hours after the motor vehicle or mobile 647 home becomes salvage, forward the title to the motor vehicle or 648 mobile home to the department for processing. However, an 649 insurance company which pays money as compensation for total 650 loss of a motor vehicle or mobile home shall obtain the 651 certificate of title for the motor vehicle or mobile home and, 652 within 72 hours after receiving such certificate of title, shall 653 forward such title to the department for processing. The owner 654 or insurance company, as the case may be, may not dispose of a 655 vehicle or mobile home that is a total loss before it has 656 obtained a salvage certificate of title or certificate of 657 destruction from the department. When applying for a salvage 658 certificate of title or certificate of destruction, the owner or 659 insurance company must provide the department with an estimate 660 of the costs of repairing the physical and mechanical damage 661 suffered by the vehicle for which a salvage certificate of title 662 or certificate of destruction is sought. If the estimated costs 663 of repairing the physical and mechanical damage to the vehicle 664 are equal to 80 percent or more of the current retail cost of 665 the vehicle, as established in any official used car or used 666 mobile home guide, the department shall declare the vehicle 667 unrebuildable and print a certificate of destruction, which 668 authorizes the dismantling or destruction of the motor vehicle 669 or mobile home described therein. However, if the damaged motor 670 vehicle is equipped with custom-lowered floors for wheelchair 671 access or a wheelchair lift, the insurance company may, upon 672 determining that the vehicle is repairable to a condition that 673 is safe for operation on public roads, submit the certificate of 674 title to the department for reissuance as a salvage rebuildable 675 title and the addition of a title brand of “insurance-declared 676 total loss.” The certificate of destruction shall be 677 reassignable a maximum of two times before dismantling or 678 destruction of the vehicle shall be required, and shall 679 accompany the motor vehicle or mobile home for which it is 680 issued, when such motor vehicle or mobile home is sold for such 681 purposes, in lieu of a certificate of title, and, thereafter, 682 the department shall refuse issuance of any certificate of title 683 for that vehicle. Nothing in this subsection shall be applicable 684 when a vehicle is worth less than $1,500 retail in undamaged 685 condition in any official used motor vehicle guide or used 686 mobile home guide or when a stolen motor vehicle or mobile home 687 is recovered in substantially intact condition and is readily 688 resalable without extensive repairs to or replacement of the 689 frame or engine. Any person who knowinglywillfully and690deliberatelyviolates this paragraph or falsifies any document 691 to avoid the requirements of this paragraph commits a 692 misdemeanor of the first degree, punishable as provided in s. 693 775.082 or s. 775.083. 694 (7)(a)� In the event of a purchase by a secondary metals 695 recycler, that has been issued a certificate of registration 696 number, of: 697 1.� Materials, prepared materials, or parts from any seller 698 for purposes other than the processing of such materials, 699 prepared materials, or parts, the purchaser shall obtain such 700 documentation as may be required by this section and shall 701 record the seller’s name and address, date of purchase, and the 702 personal identification card number of the person delivering 703 such items. 704 2.� Parts or prepared materials from any seller for purposes 705 of the processing of such parts or prepared materials, the 706 purchaser shall record the seller’s name and address and date of 707 purchase and, in the event of a purchase transaction consisting 708 primarily of parts or prepared materials, the personal 709 identification card number of the person delivering such items. 710 3.� Materials from another secondary metals recycler for 711 purposes of the processing of such materials, the purchaser 712 shall record the seller’s name and address and date of purchase. 713 4.a.� Motor vehicles, recreational vehicles, mobile homes, 714 or derelict motor vehicles from other than a secondary metals 715 recycler for purposes of the processing of such motor vehicles, 716 recreational vehicles, mobile homes, or derelict motor vehicles, 717 the purchaser shall record the date of purchase and the name, 718 address, and personal identification card number of the person 719 selling such items and shall obtain the following documentation 720 from the seller with respect to each item purchased: 721 (I)� A valid certificate of title issued in the name of the 722 seller or properly endorsed, as required in s. 319.22, over to 723 the seller; 724 (II) A valid salvage certificate of title issued in the 725 name of the seller or properly endorsed, as required in s. 726 319.22, over to the seller; 727 (III)(II)A valid certificate of destruction issued in the 728 name of the seller or properly endorsed over to the seller; or 729 (IV)(III)� A valid derelict motor vehicle certificate 730 obtained from the departmentcompletedby a licensed salvage 731 motor vehicle dealer and properly reassigned to the secondary 732 metals recycler. 733 b.� If a valid certificate of title, salvage certificate of 734 title, certificate of destruction, or derelict motor vehicle 735 certificate is not available and the motor vehicle or mobile 736 home is a derelict motor vehicle, a derelict motor vehicle 737 certificate application shall be completed by the seller or 738 owner of the motor vehicle or mobile home, the seller’s or 739 owner’s authorized transporter, and the registered secondary 740 metals recycler at the time of sale, transport, or delivery to 741 the registered secondary metals recycler to obtain a derelict 742 motor vehicle certificate from the department. The derelict 743 motor vehicle certificate application must be accompanied by a 744 legible copy of the seller’s or owner’s valid Florida driver’s 745 license or Florida identification card, or a valid driver’s 746 license or identification card from another state. If the seller 747 is not the owner of record of the vehicle being sold, the 748 recycler shall, at the time of sale, acquire a smudge-free right 749 thumbprint, or other digit if the seller has no right thumb, of 750 the seller is imprinted upon the derelict motor vehicle 751 certificate application, and that the legible copy of the 752 seller’s driver’s license or identification card is affixed to 753 the application and transmitted to the department. The derelict 754 motor vehicle certificate shall be used by the owner, the 755 owner’s authorized transporter, and the registered secondary 756 metals recycler. The registered secondary metals recycler shall 757 secure the derelict motor vehicle for 3 full business days, 758 excluding weekends and holidays, if there is no active lien or a 759 lien of 3 years or more on the department’s records before 760 destroying or dismantling the derelict motor vehicle and shall 761 follow all reporting procedures established by the department, 762 including electronic notification to the department or delivery 763 of the original derelict motor vehicle certificate application 764 to an agent of the department within 24 hours after receiving 765 the derelict motor vehicle. If there is an active lien of 3 766 years or less on the derelict motor vehicle, the registered 767 secondary metals recycler shall secure the derelict motor 768 vehicle for 10 days. The department shall notify the lienholder 769 of the application for a derelict motor vehicle certificate and 770 shall notify the lienholder of its intention to remove the lien. 771 Ten days after receipt of the motor vehicle derelict 772 application, the department may remove the lien from its records 773 if a written statement protesting removal of the lien is not 774 received by the department from the lienholder within the 10-day 775 period. However, if the lienholder files with the department and 776 the registered secondary metals recycler within the 10-day 777 period a written statement that the lien is still outstanding, 778 the department shall not remove the lien and shall place an 779 administrative hold on the record for 30 days to allow the 780 lienholder to apply for title to the vehicle or a repossession 781 certificate under s. 319.28. The registered secondary metals 782 recycler must secure the derelict motor vehicle until the 783 department’s administrative stop is removed, the lienholder 784 submits a lien satisfaction, or the lienholder takes possession 785 of the vehicle. 786 c.� Any person who knowinglywillfully and deliberately787 violates this subparagraph by selling, transporting, delivering, 788 purchasing, or receiving a motor vehicle, recreational motor 789 vehicle, mobile home, or derelict motor vehicle without 790 obtaining a certificate of title, salvage certificate of title, 791 certificate of destruction, or derelict motor vehicle 792 certificate; enters false or fictitious information on a 793 derelict motor vehicle certificate application; does not 794 complete the derelict motor vehicle certificate application as 795 required or does not make the required notification to the 796 department; does not obtain a legible copy of the seller’s or 797 owner’s driver’s license or identification card when required; 798 or destroys or dismantles a derelict motor vehicle without 799 waiting the required time as set forth in sub-subparagraph b.3800full business dayscommits a felony of the third degree, 801 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 802 5.� Major parts from other than a secondary metals recycler 803 for purposes of the processing of such major parts, the 804 purchaser shall record the seller’s name, address, date of 805 purchase, and the personal identification card number of the 806 person delivering such items, as well as the vehicle 807 identification number, if available, of each major part 808 purchased. 809 (8)(a) Secondary metals recyclers and salvage motor vehicle 810 dealers shall return to the department on a monthly basis all 811 certificates of title and salvage certificates of title that are 812 required by this section to be obtained. Secondary metals 813 recyclers and salvage motor vehicle dealers may elect to notify 814 the department electronically through procedures established by 815 the department when they receive each motor vehicle or mobile 816 home, salvage motor vehicle or mobile home, or derelict motor 817 vehicle with a certificate of title or salvage certificate of 818 title through procedures established by the department. The 819 department may adopt rules and establish fees as it deems 820 necessary or proper for the administration of the electronic 821 notification service. 822 (b) Secondary metals recyclers and salvage motor vehicle 823 dealers shall keep originals, or a copy in the event the 824 original was returned to the department, of all certificates of 825 title, salvage certificates of title, certificates of 826 destruction, derelict motor vehicle certificates, and all other 827 information required by this section to be recorded or obtained, 828 on file in the offices of such secondary metals recyclers or 829 salvage motor vehicle dealers for a period of 3 years after the 830 date of purchase of the items reflected in such certificates of 831 title, salvage certificates of title, certificates of 832 destruction, or derelict motor vehicle certificates. These 833 records shall be maintained in chronological order. 834 (c) For the purpose of enforcement of this section, the 835 department or its agents and employees have the same right of 836 inspection as law enforcement officers as provided in s. 837 812.055. 838 (d)� Whenever the department, its agent or employee, or any 839 law enforcement officer has reason to believe that a stolen or 840 fraudulently titled motor vehicle, mobile home, recreational 841 vehicle, salvage motor vehicle, or derelict motor vehicle is in 842 the possession of a salvage motor vehicle dealer or secondary 843 metals recycler, the department, its agent or employee, or the 844 law enforcement officer may issue an extendedahold notice, not 845 to exceed 5 additional business days, excluding weekends and 846 holidays, to the salvage motor vehicle dealer or registered 847 secondary metals recycler. 848 (e)� Whenever a salvage motor vehicle dealer or registered 849 secondary metals recycler is notified by the department, its 850 agent or employee, or any law enforcement officer to hold a 851 motor vehicle, mobile home, recreational vehicle, salvage motor 852 vehicle, or derelict motor vehicle that is believed to be stolen 853 or fraudulently titled, the salvage motor vehicle dealer or 854 registered secondary metals recycler shall hold the motor 855 vehicle, mobile home, recreational vehicle, salvage motor 856 vehicle, or derelict motor vehicle and may not dismantle or 857 destroy the motor vehicle, mobile home, recreational vehicle, 858 salvage motor vehicle, or derelict motor vehicle until it is 859 recovered by a law enforcement officer, the hold is released by 860 the department or the law enforcement officer placing the hold, 861 or the extended 5 additional businessworkingdays have passed 862 since being notified of the hold. 863 (f) This section does not authorize any person who is 864 engaged in the business of recovering, towing, or storing 865 vehicles pursuant to s. 713.78, and who is claiming a lien for 866 performing labor or services on a motor vehicle or mobile home 867 pursuant to s. 713.58, or is claiming that a motor vehicle or 868 mobile home has remained on any premises after tenancy has 869 terminated pursuant to s. 715.104, to use a derelict motor 870 vehicle certificate application for the purpose of transporting, 871 selling, disposing, or delivering of a motor vehicle at a 872 salvage motor vehicle dealer or metal recycler without obtaining 873 the title or certificate of destruction required under s. 874 713.58, s. 713.78, or s. 715.104. 875 (g) The department shall accept all properly endorsed and 876 completed derelict motor vehicle certificate applications and 877 shall issue a derelict motor vehicle certificate having an 878 effective date that authorizes when a derelict motor vehicle is 879 eligible for dismantling or destruction. The electronic 880 information obtained from the derelict motor vehicle certificate 881 application shall be stored electronically and shall be made 882 available to authorized persons after issuance of the derelict 883 motor vehicle certificate in the Florida Real Time Vehicle 884 Information System. 885 (h)(f)� The department is authorized to adopt rules pursuant 886 to ss. 120.536(1) and 120.54 establishing policies and 887 procedures to administer and enforce this section. 888 (i)(g)� The department shall charge a fee of $3 for each 889 derelict motor vehicle certificate delivered to the department 890 or one of its agents for processing and shall mark the title 891 record canceled. A service charge may be collected under s. 892 320.04. 893 (j) The licensed salvage motor vehicle dealer or registered 894 secondary metals recycler shall make all payments for the 895 purchase of any derelict motor vehicle that is sold by a seller 896 who is not the owner of record on file with the department by 897 check or money order made payable to the seller and may not make 898 payment to the authorized transporter. The licensed salvage 899 motor vehicle dealer or registered secondary metals recycler may 900 not cash the check that such dealer or recycler issued to the 901 seller. 902 Section 17. This act shall take effect October 1, 2010.
