Bill Text: FL S0482 | 2010 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Highway Safety Act [CPSC]
Spectrum: Partisan Bill (Republican 1-0)
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
Bill Title: Highway Safety Act [CPSC]
Spectrum: Partisan Bill (Republican 1-0)
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 First Engrossed 2010482e1 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. 318.1451, F.S.; requiring driver 22 improvement schools to collect a fee from certain 23 persons taking a basic driver improvement course; 24 providing for such fees to be used to provide signage 25 and educational materials relating to the act; 26 amending s. 318.19, F.S.; providing that a second or 27 subsequent infraction as an aggressive careless driver 28 requires attendance at a mandatory hearing; providing 29 for the disposition of the increased penalties; 30 amending s. 322.05, F.S.; requiring certain persons 31 under 19 years of age to complete a basic driver 32 improvement course before being issued a driver’s 33 license; providing an exception; creating s. 335.199, 34 F.S.; directing the Department of Transportation to 35 notify certain property owners and local governmental 36 entities of certain proposed projects before 37 finalizing the design of certain transportation 38 projects; providing a timeframe for notification; 39 requiring the department to hold a public hearing and 40 receive public input regarding the effects of the 41 project on local businesses; directing the department 42 to consider the comments in the final design of the 43 project; amending s. 316.003, F.S.; redefining the 44 term “electric personal assistive mobility device” to 45 include additional devices for transporting one 46 person; amending s. 316.008, F.S.; authorizing local 47 governments to regulate certain vehicles and other 48 motorized devices operating on sidewalks; amending s. 49 316.1995, F.S.; conforming provisions to changes made 50 by the act; exempting motorized wheelchairs from 51 certain ordinances; amending s. 316.212, F.S.; 52 authorizing local governments to enact ordinances 53 permitting the use of golf carts on sidewalks; 54 amending s. 316.2128, F.S.; conforming provisions 55 relating to notices required to be displayed by 56 certain sellers of motorized scooters and motorcycles; 57 amending s. 319.241, F.S.; revising provisions 58 relating to an application for the removal of a lien 59 from the files of the Department of Highway Safety and 60 Motor Vehicles or from the certificate of title; 61 authorizing the department to remove the lien from its 62 files within a specified period after receiving an 63 application for a derelict motor vehicle certificate 64 and notification to the lienholder, unless a written 65 statement protesting such removal is received; 66 amending s. 319.30, F.S.; revising certain 67 definitions; revising requirements for disposition of 68 a motor vehicle, recreational vehicle, or mobile home 69 that is sold, transported, or delivered to a salvage 70 motor vehicle dealer or a secondary metals recycler; 71 requiring certificates of title to conform to 72 specified provisions; providing for the dealer or 73 recycler to apply to the Department of Highway Safety 74 and Motor Vehicles for a derelict motor vehicle 75 certificate if the certificate of title, salvage 76 certificate of title, or certificate of destruction is 77 not available; requiring the derelict motor vehicle 78 certificate application to be completed by the seller 79 or owner of the motor vehicle or mobile home, the 80 seller’s or owner’s authorized transporter, or the 81 dealer or recycler; requiring certain identification 82 information be included with the application; revising 83 the types of documentation that a secondary metals 84 recycler must obtain; permitting recyclers to obtain 85 salvage certificates of title from sellers or owners 86 as a valid method of documentation; providing that a 87 person engaged in the business of recovering, towing, 88 or storing vehicles may not claim certain liens, claim 89 that certain vehicles have remained on any premises 90 after tenancy has terminated, or use the derelict 91 motor vehicle certificate application to transport, 92 sell, or dispose of a motor vehicle at a salvage motor 93 vehicle dealer or metal recycler without otherwise 94 obtaining title to the vehicle or a certificate of 95 destruction; requiring that the department accept all 96 properly endorsed and completed derelict motor vehicle 97 certificate applications and issue such certification 98 having an effective date that authorizes when the 99 vehicle is eligible for dismantling or destruction; 100 requiring that such electronic information be stored 101 and made available to authorized persons; requiring 102 that all licensed salvage motor vehicle dealers or 103 registered secondary metals recyclers make all 104 payments for the purchase of any derelict motor 105 vehicle that is sold by a seller who is not the owner 106 of record by check or money order; providing an 107 effective date. 108 109 Be It Enacted by the Legislature of the State of Florida: 110 111 Section 1. This act may be cited as the “Highway Safety 112 Act.” 113 Section 2. The Legislature finds that road rage and 114 aggressive careless driving are a growing threat to the health, 115 safety, and welfare of the public. The intent of the Legislature 116 is to reduce road rage and aggressive careless driving, reduce 117 the incidence of drivers’ interfering with the movement of 118 traffic, minimize crashes, and promote the orderly, free flow of 119 traffic on the roads and highways of the state. 120 Section 3. The Department of Highway Safety and Motor 121 Vehicles shall provide information about the Highway Safety Act 122 in all newly printed driver’s license educational materials 123 after October 1, 2010. 124 Section 4. Subsection (86) is added to section 316.003, 125 Florida Statutes, to read: 126 316.003 Definitions.—The following words and phrases, when 127 used in this chapter, shall have the meanings respectively 128 ascribed to them in this section, except where the context 129 otherwise requires: 130 (86) ROAD RAGE.—The act of a driver or passenger to 131 intentionally or unintentionally, due to a loss of emotional 132 control, injure or kill another driver, passenger, or 133 pedestrian, or to attempt or threaten to injure or kill another 134 driver, passenger, or pedestrian. 135 Section 5. Present subsection (3) of section 316.083, 136 Florida Statutes, is redesignated as subsection (4), and a new 137 subsection (3) is added to that section, to read: 138 316.083 Overtaking and passing a vehicle.—The following 139 rules shall govern the overtaking and passing of vehicles 140 proceeding in the same direction, subject to those limitations, 141 exceptions, and special rules hereinafter stated: 142 (3)(a) On roads, streets, or highways having two or more 143 lanes that allow movement in the same direction, a driver may 144 not continue to operate a motor vehicle in the furthermost left 145 hand lane if the driver knows, or reasonably should know, that 146 he or she is being overtaken in that lane from the rear by a 147 motor vehicle traveling at a higher rate of speed. 148 (b) Paragraph (a) does not apply to a driver operating a 149 motor vehicle in the furthermost left-hand lane if: 150 1. The driver is driving the legal speed limit and is not 151 impeding the flow of traffic in the furthermost left-hand lane; 152 2. The driver is in the process of overtaking a slower 153 motor vehicle in the adjacent right-hand lane for the purpose of 154 passing the slower moving vehicle so that the driver may move to 155 the adjacent right-hand lane; 156 3. Conditions make the flow of traffic substantially the 157 same in all lanes or preclude the driver from moving to the 158 adjacent right-hand lane; 159 4. The driver’s movement to the adjacent right-hand lane 160 could endanger the driver or other drivers; 161 5. The driver is directed by a law enforcement officer, 162 road sign, or road crew to remain in the furthermost left-hand 163 lane; or 164 6. The driver is preparing to make a left turn. 165 (c) A driver who violates s. 316.183 and this subsection 166 simultaneously shall receive a uniform traffic citation solely 167 under s. 316.183. 168 Section 6. Section 316.1923, Florida Statutes, is amended 169 to read: 170 316.1923 Aggressive careless driving.— 171 (1) “Aggressive careless driving” means committing three 172twoor more of the following acts simultaneously or in 173 succession: 174 (a)(1)Exceeding the posted speed as defined in s. 175 322.27(3)(d)5.b. 176 (b)(2)Unsafely or improperly changing lanes as defined in 177 s. 316.085. 178 (c)(3)Following another vehicle too closely as defined in 179 s. 316.0895(1). 180 (d)(4)Failing to yield the right-of-way as defined in s. 181 316.079, s. 316.0815, or s. 316.123. 182 (e)(5)Improperly passing or failing to yield to overtaking 183 vehicles as defined in s. 316.083, s. 316.084, or s. 316.085. 184 (f)(6)Violating traffic control and signal devices as 185 defined in ss. 316.074 and 316.075. 186 (2) Any person convicted of aggressive careless driving 187 shall be cited for a moving violation and punished as provided 188 in chapter 318, and by the accumulation of points as provided in 189 s. 322.27, for each act of aggressive careless driving. 190 (3) In addition to any fine or points administered under 191 subsection (2), a person convicted of aggressive careless 192 driving shall also pay: 193 (a) Upon a first conviction, a fine of $100. 194 (b) Upon a second or subsequent conviction, a fine of not 195 less than $250 but not more than $500 and be subject to a 196 mandatory hearing under s. 318.19. 197 (4) The clerk of the court shall remit the moneys collected 198 from the increased fine imposed by subsection (3) to the 199 Department of Revenue for deposit into the Department of Health 200 Administrative Trust Fund. Of the funds deposited into the 201 Department of Health Administrative Trust Fund, $200,000 in the 202 first year after this act takes effect, and $50,000 in the 203 second and third years, shall be transferred to the Department 204 of Highway Safety and Motor Vehicles General Revenue Fund to 205 offset the cost of providing educational materials related to 206 this act. All other funds deposited into the Administrative 207 Trust Fund under this section shall be used to provide financial 208 support to verified trauma centers to ensure the availability 209 and accessibility of trauma services throughout the state and 210 shall be allocated as follows: 211 (a) Twenty-five percent shall be allocated equally among 212 all Level I, Level II, and pediatric trauma centers in 213 recognition of readiness costs for maintaining trauma services. 214 (b) Twenty-five percent shall be allocated among Level I, 215 Level II, and pediatric trauma centers based on each center’s 216 relative volume of trauma cases as reported in the Department of 217 Health Trauma Registry. 218 (c) Twenty-five percent shall be transferred to the 219 Emergency Medical Services Trust Fund and used by the Department 220 of Health for making matching grants to emergency medical 221 services organizations as defined in s. 401.107. 222 (d) Twenty-five percent shall be transferred to the 223 Emergency Medical Services Trust Fund and made available to 224 rural emergency medical services as defined in s. 401.107, and 225 shall be used solely to improve and expand prehospital emergency 226 medical services in this state. Additionally, these moneys may 227 be used for the improvement, expansion, or continuation of 228 services provided. 229 Section 7. For the purpose of incorporating the amendments 230 made by this act to section 316.1923, Florida Statutes, in a 231 reference thereto, paragraph (a) of subsection (1) of section 232 316.650, Florida Statutes, is reenacted to read: 233 316.650 Traffic citations.— 234 (1)(a) The department shall prepare and supply to every 235 traffic enforcement agency in this state an appropriate form 236 traffic citation that contains a notice to appear, is issued in 237 prenumbered books, meets the requirements of this chapter or any 238 laws of this state regulating traffic, and is consistent with 239 the state traffic court rules and the procedures established by 240 the department. The form shall include a box that is to be 241 checked by the law enforcement officer when the officer believes 242 that the traffic violation or crash was due to aggressive 243 careless driving as defined in s. 316.1923. The form shall also 244 include a box that is to be checked by the law enforcement 245 officer when the officer writes a uniform traffic citation for a 246 violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of 247 the driver failing to stop at a traffic signal. 248 Section 8. Subsection (4) of section 318.1451, Florida 249 Statutes, is amended to read: 250 318.1451 Driver improvement schools.— 251 (4)(a) In addition to a regular course fee, an assessment 252 fee in the amount of $2.50 shall be collected by the school from 253 each person who elects to attend a course, as it relates to ss. 254 318.14(9), 322.0261, 322.291, and 627.06501, which shall be 255 remitted to the Department of Highway Safety and Motor Vehicles 256 and deposited in the Highway Safety Operating Trust Fund to 257 administer this program and to fund the general operations of 258 the department. 259 (b) In addition to a regular course fee, an assessment fee 260 in the amount of $2.50 shall be collected by the school from 261 each person who attends a course, as it relates to 322.05(3), 262 which shall be remitted to the Department of Highway Safety and 263 Motor Vehicles and deposited in the Highway Safety Operating 264 Trust Fund to fund the signage and educational requirements of 265 section 3 of this act. 266 Section 9. Section 318.19, Florida Statutes, is amended to 267 read: 268 318.19 Infractions requiring a mandatory hearing.—Any 269 person cited for the infractions listed in this section shall 270 not have the provisions of s. 318.14(2), (4), and (9) available 271 to him or her but must appear before the designated official at 272 the time and location of the scheduled hearing: 273 (1) Any infraction which results in a crash that causes the 274 death of another; 275 (2) Any infraction which results in a crash that causes 276 “serious bodily injury” of another as defined in s. 316.1933(1); 277 (3) Any infraction of s. 316.172(1)(b); 278 (4) Any infraction of s. 316.520(1) or (2);or279 (5) Any infraction of s. 316.183(2), s. 316.187, or s. 280 316.189 of exceeding the speed limit by 30 m.p.h. or more; or.281 (6) A second or subsequent infraction of s. 316.1923(1). 282 Section 10. Subsection (3) of section 322.05, Florida 283 Statutes, is amended to read: 284 322.05 Persons not to be licensed.—The department may not 285 issue a license: 286 (3) To a person who is at least 16 years of age but who is 287 under 1918years of age, unless: 288 (a) The person provides proof of successfully completing a 289 basic driver improvement course that meets the requirements of 290 s. 318.1451 within 3 months before the date the person applied 291 for licensure; and 292 (b) The parent, guardian, or other responsible adult 293 meeting the requirements of s. 322.09 certifies that he or she, 294 or another licensed driver 21 years of age or older, has 295 accompanied the applicant for a total of not less than 50 hours’ 296 behind-the-wheel experience, of which not less than 10 hours 297 must be at night. This paragraphsubsectionis not intended to 298 create a private cause of action as a result of the 299 certification. The certification is inadmissible for any purpose 300 in any civil proceeding. 301 302 Paragraph (a) does not apply to a person who has been licensed 303 in any other jurisdiction or who has satisfactorily completed a 304 Department of Education driver’s education course offered 305 pursuant to s. 1003.48. 306 Section 11. Section 335.199, Florida Statutes, is created 307 to read: 308 335.199 Transportation projects modifying access to 309 adjacent property.— 310 (1) Whenever the Department of Transportation proposes any 311 project on the State Highway System which will divide a state 312 highway, erect median barriers modifying currently available 313 vehicle turning movements, or have the effect of closing or 314 modifying an existing access to an abutting property owner, the 315 department shall notify all affected property owners, 316 municipalities, and counties at least 180 days before the design 317 of the project is finalized. The department’s notice shall 318 provide a written explanation regarding the need for the project 319 and indicate that all affected parties will be given an 320 opportunity to provide comments to the department regarding 321 potential impacts of the change. 322 (2)(a) If the project is within the boundaries of a 323 municipality, the notification shall be issued in writing to the 324 chief elected official of the municipality. If the project is in 325 the unincorporated area of a county, the notification shall be 326 issued in writing to the chief elected official of the county. 327 (b) The department must also consult with the applicable 328 local government on its final design proposal if the department 329 intends to divide a state highway, erect median barriers, or 330 close or modify existing access to abutting commercial business 331 properties. The local government may present the department with 332 alternatives that relieve impacts to such business properties. 333 (3) The department shall hold at least one public hearing 334 in the jurisdiction where the project is located and receive 335 public input to determine how the project will affect access to 336 businesses and the potential economic impact of the project on 337 the local business community. 338 (4) The department must review all comments from the public 339 hearing and take the comments and any alternatives presented by 340 a local government under subsection (2) into consideration in 341 the final design of the highway project. 342 Section 12. Subsection (83) of section 316.003, Florida 343 Statutes, is amended to read: 344 316.003 Definitions.—The following words and phrases, when 345 used in this chapter, shall have the meanings respectively 346 ascribed to them in this section, except where the context 347 otherwise requires: 348 (83) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.—Any self 349 balancing, two-nontandem-wheeleddevice, designed to transport 350 only one person, with an electric propulsion system with average 351 power of no more than 750 watts (1 horsepower), the maximum 352 speed of which, on a paved level surface when powered solely by 353 such a propulsion system while being ridden by an operator who 354 weighs 170 pounds, is less than 20 miles per hour. Electric 355 personal assistive mobility devices are not vehicles as defined 356 in this section. 357 Section 13. Subsection (7) is added to section 316.008, 358 Florida Statutes, to read: 359 316.008 Powers of local authorities.— 360 (7) A county or municipality may enact an ordinance to 361 permit, control, or regulate the operation of vehicles, golf 362 carts, mopeds, motorized scooters, and electric personal 363 assistive mobility devices on sidewalks or sidewalk areas when 364 such use is permissible under federal law. The ordinance must 365 restrict such vehicles or devices to a maximum speed of 15 miles 366 per hour in such areas, when such use is permitted under federal 367 law. 368 Section 14. Section 316.1995, Florida Statutes, is amended 369 to read: 370 316.1995 Driving upon sidewalk or bicycle path.— 371 (1) Except as provided in s. 316.008 or s. 316.212(8), aNo372 person may notshalldrive any vehicle other than by human power 373 upon a bicycle path, sidewalk, or sidewalk area, except upon a 374 permanent or duly authorized temporary driveway. 375 (2) A violation of this section is a noncriminal traffic 376 infraction, punishable as a moving violation as provided in 377 chapter 318. 378 (3) This section does not apply to motorized wheelchairs. 379 Section 15. Subsection (8) of section 316.212, Florida 380 Statutes, is amended to read: 381 316.212 Operation of golf carts on certain roadways.—The 382 operation of a golf cart upon the public roads or streets of 383 this state is prohibited except as provided herein: 384 (8) A local governmental entity may enact an ordinance 385 relating to: 386 (a)RegardingGolf cart operation and equipment which is 387 more restrictive than those enumerated in this section. Upon 388 enactment of such ordinance, the local governmental entity shall 389 post appropriate signs or otherwise inform the residents that 390 such an ordinance exists and that it will be enforced within the 391 local government’s jurisdictional territory. An ordinance 392 referred to in this section must apply only to an unlicensed 393 driver. 394 (b) Golf cart operation on sidewalks adjacent to specific 395 segments of municipal streets, county roads, or state highways 396 within the jurisdictional territory of the local governmental 397 entity if: 398 1. The local governmental entity determines, after 399 considering the condition and current use of the sidewalks, the 400 character of the surrounding community, and the locations of 401 authorized golf cart crossings, that golf carts, bicycles, and 402 pedestrians may safely share the sidewalk; 403 2. The local governmental entity consults with the 404 Department of Transportation before adopting the ordinance; 405 3. The ordinance restricts golf carts to a maximum speed of 406 15 miles per hour and permits such use on sidewalks adjacent to 407 state highways only if the sidewalks are at least 8 feet wide; 408 4. The ordinance requires the golf carts to meet the 409 equipment requirements in subsection (6). However, the ordinance 410 may require additional equipment, including horns or other 411 warning devices required by s. 316.271; and 412 5. The local governmental entity posts appropriate signs or 413 otherwise informs residents that the ordinance exists and 414 applies to such sidewalks. 415 Section 16. Section 316.2128, Florida Statutes, is amended 416 to read: 417 316.2128 Operation of motorized scooters and miniature 418 motorcycles; requirements for sales.— 419 (1) A person who engages in the business of, serves in the 420 capacity of, or acts as a commercial seller of motorized 421 scooters or miniature motorcycles in this state must prominently 422 display at his or her place of business a notice that such 423 vehicles are not legal to operate on public roads,or sidewalks424andmay not be registered as motor vehicles, and may not be 425 operated on sidewalks unless authorized by an ordinance enacted 426 pursuant to s. 316.008(7) or s. 316.212(8). The required notice 427 must also appear in all forms of advertising offering motorized 428 scooters or miniature motorcycles for sale. The notice and a 429 copy of this section must also be provided to a consumer prior 430 to the consumer’s purchasing or becoming obligated to purchase a 431 motorized scooter or a miniature motorcycle. 432 (2) Any person selling or offering a motorized scooter or a 433 miniature motorcycle for sale in violation of this section 434 commits an unfair and deceptive trade practice as defined in 435 part II of chapter 501. 436 Section 17. Section 319.241, Florida Statutes, is amended 437 to read: 438 319.241 Removal of lien from records.—The owner of a motor 439 vehicle or mobile home upon which a lien has been filed with the 440 department or noted upon a certificate of title for a period of 441 5 years may apply to the department in writing for such lien to 442 be removed from the department files or from the certificate of 443 title. The application shall be accompanied by evidence 444 satisfactory to the department that the applicant has notified 445 the lienholder by certified mail, not less than 20 days prior to 446 the date of the application, of his or her intention to apply to 447 the department for removal of the lien. Ten days after receipt 448 of the application, the department may remove the lien from its 449 files or from the certificate of title, as the case may be, if 450 no statement in writing protesting removal of the lien is 451 received by the department from the lienholder within the 10-day 452 period. If, however, the lienholder files with the department 453 within the 10-day period a written statement that the lien is 454 still outstanding, the department shall not remove the lien 455 until the lienholder presents a satisfaction of lien to the 456 department. Ten days after the receipt of an application for a 457 derelict motor vehicle certificate and notification to the 458 lienholder, the department may remove the lien from the derelict 459 motor vehicle record if a written statement protesting removal 460 of the lien is not received by the department from the 461 lienholder within the 10-day period. 462 Section 18. Subsections (1) and (2), paragraph (b) of 463 subsection (3), paragraph (a) of subsection (7), and subsection 464 (8) of section 319.30, Florida Statutes, are amended to read: 465 319.30 Definitions; dismantling, destruction, change of 466 identity of motor vehicle or mobile home; salvage.— 467 (1) As used in this section, the term: 468 (a) “Certificate of destruction” means the certificate 469 issued pursuant to s. 713.78(11) or s. 713.785(7)(a). 470 (b) “Certificate of registration number” means the 471 certificate of registration number issued by the Department of 472 Revenue of the State of Florida pursuant to s. 538.25. 473 (c) “Certificate of title” means a record that serves as 474 evidence of ownership of a vehicle, whether such record is a 475 paper certificate authorized by the department or by a motor 476 vehicle department authorized to issue titles in another state 477 or a certificate consisting of information stored in electronic 478 form in the department’s database. 479 (d) “Derelict” means any material which is or may have been 480 a motor vehicle or mobile home, which is not a major part or 481 major component part, which is inoperable, and which is in such 482 condition that its highest or primary value is in its sale or 483 transfer as scrap metal. 484 (e) “Derelict motor vehicle” means: 485 1. Any motor vehicle as defined in s. 320.01(1) or mobile 486 home as defined in s. 320.01(2), with or without all parts, 487 major parts, or major component parts, which is valued under 488 $1,000, is at least 10 model years old, beginning with the model 489 year of the vehicle as year one, and is in such condition that 490 its highest or primary value is for sale, transport, or delivery 491 to a licensed salvage motor vehicle dealer or registered 492 secondary metals recycler for dismantling its component parts or 493 conversion to scrap metal; or 494 2. Any trailer as defined in s. 320.01(1), with or without 495 all parts, major parts, or major component parts, which is 496 valued under $5,000, is at least 10 model years old, beginning 497 with the model year of the vehicle as year one, and is in such 498 condition that its highest or primary value is for sale, 499 transport, or delivery to a licensed salvage motor vehicle 500 dealer or registered secondary metals recycler for conversion to 501 scrap metal. 502 (f) “Derelict motor vehicle certificate” means a 503 certificate issued by the department which serves as evidence 504 that a derelict motor vehicle will be dismantled or converted to 505 scrap metal. This certificate may be obtained by completing a 506 derelict motor vehicle certificate application authorized by the 507 department.completed by the derelict motor vehicle owner, the508owner’s authorized transporter when different from the owner,509and the licensed salvage motor vehicle dealer or the registered510secondary metals recycler and submitted to the department for511cancellation of the title record of the derelict motor vehicle.512 A derelict motor vehicle certificate may be reassigned only one 513 time if the derelict motor vehicle certificate was completed by 514 a licensed salvage motor vehicle dealer and the derelict motor 515 vehicle was sold to another licensed salvage motor vehicle 516 dealer or a secondary metals recycler. 517 (g) “Junk” means any material which is or may have been a 518 motor vehicle or mobile home, with or without all component 519 parts, which is inoperable and which material is in such 520 condition that its highest or primary value is either in its 521 sale or transfer as scrap metal or for its component parts, or a 522 combination of the two, except when sold or delivered to or when 523 purchased, possessed, or received by a secondary metals recycler 524 or salvage motor vehicle dealer. 525 (h) “Major component parts” means: 526 1. For motor vehicles other than motorcycles, any fender 527the front-end assembly (fenders, hood,grill, andbumper), cowl 528 assembly, rearbody section (bothquarter panelpanels, trunk 529 lid, door, decklid,and bumper),floor pan,door assemblies,530 engine, frame, transmission, catalytic converter, orandairbag. 531 2. For trucks, in addition to those parts listed in 532 subparagraph 1., any truck bed, including dump, wrecker, crane, 533 mixer, cargo box, or any bed which mounts to a truck frame. 534 3. For motorcycles, the body assembly, frame, fenders, gas 535 tanks, engine, cylinder block, heads, engine case, crank case, 536 transmission, drive train, front fork assembly, and wheels. 537 4. For mobile homes, the frame. 538 (i) “Major part” means the front-end assembly, cowl 539 assembly, or rear body section. 540 (j) “Materials” means motor vehicles, derelicts, and major 541 parts that are not prepared materials. 542 (k) “Mobile home” means mobile home as defined in s. 543 320.01(2). 544 (l) “Motor vehicle” means motor vehicle as defined in s. 545 320.01(1). 546 (m) “Parts” means parts of motor vehicles or combinations 547 thereof that do not constitute materials or prepared materials. 548(n) “Personal identification card” means personal549identification card as defined in s.538.18(5).550 (n)(o)“Prepared materials” means motor vehicles, mobile 551 homes, derelict motor vehicles, major parts, or parts that have 552 been processed by mechanically flattening or crushing, or 553 otherwise processed such that they are not the motor vehicle or 554 mobile home described in the certificate of title, or their only 555 value is as scrap metal. 556 (o)(p)“Processing” means the business of performing the 557 manufacturing process by which ferrous metals or nonferrous 558 metals are converted into raw material products consisting of 559 prepared grades and having an existing or potential economic 560 value, or the purchase of materials, prepared materials, or 561 parts therefor. 562 (p)(q)“Recreational vehicle” means a motor vehicle as 563 defined in s. 320.01(1). 564 (q)(r)“Salvage” means a motor vehicle or mobile home which 565 is a total loss as defined in paragraph (3)(a). 566 (r)(s)“Salvage certificate of title” means a salvage 567 certificate of title issued by the department or by another 568 motor vehicle department authorized to issue titles in another 569 state. 570 (s)(t)“Salvage motor vehicle dealer” means salvage motor 571 vehicle dealer as defined in s. 320.27(1)(c)5. 572 (t)(u)“Secondary metals recycler” means secondary metals 573 recycler as defined in s. 538.18(8). 574 (u) “Seller” means the owner of record or a person who has 575 physical possession and responsibility for a derelict motor 576 vehicle and attests that possession of the vehicle was obtained 577 through lawful means along with all ownership rights. A seller 578 does not include a towing company, repair shop, or landlord 579 unless the towing company, repair shop, or landlord has obtained 580 title, salvage title, or a certificate of destruction in the 581 name of the towing company, repair shop, or landlord. 582 (2)(a) Each person mentioned as owner in the last issued 583 certificate of title, when such motor vehicle or mobile home is 584 dismantled, destroyed, or changed in such manner that it is not 585 the motor vehicle or mobile home described in the certificate of 586 title, shall surrender his or her certificate of title to the 587 department, and thereupon the department shall, with the consent 588 of any lienholders noted thereon, enter a cancellation upon its 589 records. Upon cancellation of a certificate of title in the 590 manner prescribed by this section, the department may cancel and 591 destroy all certificates in that chain of title. Any person who 592 knowinglywillfully and deliberatelyviolates this paragraph 593 commits a misdemeanor of the second degree, punishable as 594 provided in s. 775.082 or s. 775.083. 595 (b)1. When a motor vehicle, recreational vehicle, or mobile 596 home is sold, transported,ordelivered to, or received by a 597 salvage motor vehicle dealer, it shall be accompanied by: 598 a. A valid certificate of title issued in the name of the 599 seller or properly endorsed, as required in s. 319.22, over to 600 the seller; 601 b. A valid salvage certificate of title issued in the name 602 of the seller or properly endorsed, as required in s. 319.22, 603 over to the seller; or 604 c. A valid certificate of destruction issued in the name of 605 the seller or properly endorsed over to the seller. 606 2. Any person who knowinglywillfully and deliberately607 violates this paragraph by selling, transporting, delivering, 608 purchasing, or receiving a motor vehicle, recreational vehicle, 609 or mobile home without obtaining a properly endorsed certificate 610 of title, salvage certificate of title, or certificate of 611 destruction from the owner commits a felony of the third degree, 612 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 613 (c)1. When a derelict motor vehicle is sold, transported, 614 or delivered to a licensed salvage motor vehicle dealer, the 615 purchaser shall record the date of purchase and the name, 616 address, and valid Florida driver’s license number or valid 617 Florida identification card number, or a valid driver’s license 618 number or identification card number issued by another state, 619personal identification card numberof the person selling the 620 derelict motor vehicle, and it shall be accompanied by: 621 a. A valid certificate of title issued in the name of the 622 seller or properly endorsed over to the seller; 623 b. A valid salvage certificate of title issued in the name 624 of the seller or properly endorsed over to the seller; or 625 c. A valid certificate of destruction issued in the name of 626 the seller or properly endorsed over to the seller. 627 2. If a validthecertificate of title, salvage certificate 628 of title, or certificate of destruction is not available, a 629 derelict motor vehicle certificate application shall be 630 completed by the seller or owner of the motor vehicle or mobile 631 home, the seller’s or owner’s authorized transporter, and the 632 licensed salvage motor vehicle dealer at the time of sale, 633 transport, or delivery to the licensed salvage motor vehicle 634 dealer. The derelict motor vehicle certificate application shall 635 be used by the seller or owner, the seller’s or owner’s 636 authorized transporter, and the licensed salvage motor vehicle 637 dealer to obtain a derelict motor vehicle certificate from the 638 department. The derelict motor vehicle certificate application 639 must be accompanied by a legible copy of the seller’s or owner’s 640 valid Florida driver’s license or Florida identification card, 641 or a valid driver’s license or identification card issued by 642 another state. If the seller is not the owner of record of the 643 vehicle being sold, the dealer shall, at the time of sale, 644 acquire a smudge-free right thumbprint, or other digit if the 645 seller has no right thumb, of the seller is imprinted upon the 646 derelict motor vehicle certificate application and that a 647 legible copy of the seller’s driver’s license or identification 648 card is affixed to the application and transmitted to the 649 department. The licensed salvage motor vehicle dealer shall 650 secure the derelict motor vehicleor mobile homefor 3 full 651 business days, excluding weekends and holidays, if there is no 652 active lien or a lien of 3 years or more on the department’s 653 records before destroying or dismantling the derelict motor 654 vehicle and shall follow all reporting procedures established by 655 the department, including electronic notification to the 656 department or delivery of the original derelict motor vehicle 657 certificate application to an agent of the department within 24 658 hours after receiving the derelict motor vehicle. If there is an 659 active lien of 3 years or less on the derelict motor vehicle, 660 the licensed salvage motor vehicle dealer shall secure the 661 derelict motor vehicle for 10 days. The department shall notify 662 the lienholder that a derelict motor vehicle certificate has 663 been issued and shall notify the lienholder of its intention to 664 remove the lien. Ten days after receipt of the motor vehicle 665 derelict certificate application, the department may remove the 666 lien from its records if a written statement protesting removal 667 of the lien is not received by the department from the 668 lienholder within the 10-day period. However, if the lienholder 669 files with the department and the licensed salvage motor vehicle 670 dealer within the 10-day period a written statement that the 671 lien is still outstanding, the department shall not remove the 672 lien and shall place an administrative hold on the record for 30 673 days to allow the lienholder to apply for title to the vehicle 674 or a repossession certificate under s. 319.28. The licensed 675 salvage motor vehicle dealer must secure the derelict motor 676 vehicle until the department’s administrative stop is removed, 677 the lienholder submits a lien satisfaction, or the lienholder 678 takes possession of the vehicle. 679 3. Any person who knowinglywillfully and deliberately680 violates this paragraph by selling, transporting, delivering, 681 purchasing, or receiving a derelict motor vehicle without 682 obtaining a certificate of title, salvage certificate of title, 683 certificate of destruction, or derelict motor vehicle 684 certificate application; enters false or fictitious information 685 on a derelict motor vehicle certificate application; does not 686 complete the derelict motor vehicle certificate application as 687 required; does not obtain a legible copy of the seller’s or 688 owner’s valid driver’s license or identification card when 689 required;ordoes not make the required notification to the 690 department; or destroys or dismantles a derelict motor vehicle 691 without waiting the required time as set forth in subparagraph 692 2.3 full business dayscommits a felony of the third degree, 693 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 694 (3) 695 (b) The owner, including persons who are self-insured, of 696 any motor vehicle or mobile home which is considered to be 697 salvage shall, within 72 hours after the motor vehicle or mobile 698 home becomes salvage, forward the title to the motor vehicle or 699 mobile home to the department for processing. However, an 700 insurance company which pays money as compensation for total 701 loss of a motor vehicle or mobile home shall obtain the 702 certificate of title for the motor vehicle or mobile home and, 703 within 72 hours after receiving such certificate of title, shall 704 forward such title to the department for processing. The owner 705 or insurance company, as the case may be, may not dispose of a 706 vehicle or mobile home that is a total loss before it has 707 obtained a salvage certificate of title or certificate of 708 destruction from the department. When applying for a salvage 709 certificate of title or certificate of destruction, the owner or 710 insurance company must provide the department with an estimate 711 of the costs of repairing the physical and mechanical damage 712 suffered by the vehicle for which a salvage certificate of title 713 or certificate of destruction is sought. If the estimated costs 714 of repairing the physical and mechanical damage to the vehicle 715 are equal to 80 percent or more of the current retail cost of 716 the vehicle, as established in any official used car or used 717 mobile home guide, the department shall declare the vehicle 718 unrebuildable and print a certificate of destruction, which 719 authorizes the dismantling or destruction of the motor vehicle 720 or mobile home described therein. However, if the damaged motor 721 vehicle is equipped with custom-lowered floors for wheelchair 722 access or a wheelchair lift, the insurance company may, upon 723 determining that the vehicle is repairable to a condition that 724 is safe for operation on public roads, submit the certificate of 725 title to the department for reissuance as a salvage rebuildable 726 title and the addition of a title brand of “insurance-declared 727 total loss.” The certificate of destruction shall be 728 reassignable a maximum of two times before dismantling or 729 destruction of the vehicle shall be required, and shall 730 accompany the motor vehicle or mobile home for which it is 731 issued, when such motor vehicle or mobile home is sold for such 732 purposes, in lieu of a certificate of title, and, thereafter, 733 the department shall refuse issuance of any certificate of title 734 for that vehicle. Nothing in this subsection shall be applicable 735 when a vehicle is worth less than $1,500 retail in undamaged 736 condition in any official used motor vehicle guide or used 737 mobile home guide or when a stolen motor vehicle or mobile home 738 is recovered in substantially intact condition and is readily 739 resalable without extensive repairs to or replacement of the 740 frame or engine. Any person who knowinglywillfully and741deliberatelyviolates this paragraph or falsifies any document 742 to avoid the requirements of this paragraph commits a 743 misdemeanor of the first degree, punishable as provided in s. 744 775.082 or s. 775.083. 745 (7)(a) In the event of a purchase by a secondary metals 746 recycler, that has been issued a certificate of registration 747 number, of: 748 1. Materials, prepared materials, or parts from any seller 749 for purposes other than the processing of such materials, 750 prepared materials, or parts, the purchaser shall obtain such 751 documentation as may be required by this section and shall 752 record the seller’s name and address, date of purchase, and the 753 personal identification card number of the person delivering 754 such items. 755 2. Parts or prepared materials from any seller for purposes 756 of the processing of such parts or prepared materials, the 757 purchaser shall record the seller’s name and address and date of 758 purchase and, in the event of a purchase transaction consisting 759 primarily of parts or prepared materials, the personal 760 identification card number of the person delivering such items. 761 3. Materials from another secondary metals recycler for 762 purposes of the processing of such materials, the purchaser 763 shall record the seller’s name and address and date of purchase. 764 4.a. Motor vehicles, recreational vehicles, mobile homes, 765 or derelict motor vehicles from other than a secondary metals 766 recycler for purposes of the processing of such motor vehicles, 767 recreational vehicles, mobile homes, or derelict motor vehicles, 768 the purchaser shall record the date of purchase and the name, 769 address, and personal identification card number of the person 770 selling such items and shall obtain the following documentation 771 from the seller with respect to each item purchased: 772 (I) A valid certificate of title issued in the name of the 773 seller or properly endorsed, as required in s. 319.22, over to 774 the seller; 775 (II) A valid salvage certificate of title issued in the 776 name of the seller or properly endorsed, as required in s. 777 319.22, over to the seller; 778 (III)(II)A valid certificate of destruction issued in the 779 name of the seller or properly endorsed over to the seller; or 780 (IV)(III)A valid derelict motor vehicle certificate 781 obtained from the departmentcompletedby a licensed salvage 782 motor vehicle dealer and properly reassigned to the secondary 783 metals recycler. 784 b. If a valid certificate of title, salvage certificate of 785 title, certificate of destruction, or derelict motor vehicle 786 certificate is not available and the motor vehicle or mobile 787 home is a derelict motor vehicle, a derelict motor vehicle 788 certificate application shall be completed by the seller or 789 owner of the motor vehicle or mobile home, the seller’s or 790 owner’s authorized transporter, and the registered secondary 791 metals recycler at the time of sale, transport, or delivery to 792 the registered secondary metals recycler to obtain a derelict 793 motor vehicle certificate from the department. The derelict 794 motor vehicle certificate application must be accompanied by a 795 legible copy of the seller’s or owner’s valid Florida driver’s 796 license or Florida identification card, or a valid driver’s 797 license or identification card from another state. If the seller 798 is not the owner of record of the vehicle being sold, the 799 recycler shall, at the time of sale, acquire a smudge-free right 800 thumbprint, or other digit if the seller has no right thumb, of 801 the seller is imprinted upon the derelict motor vehicle 802 certificate application, and that the legible copy of the 803 seller’s driver’s license or identification card is affixed to 804 the application and transmitted to the department. The derelict 805 motor vehicle certificate shall be used by the owner, the 806 owner’s authorized transporter, and the registered secondary 807 metals recycler. The registered secondary metals recycler shall 808 secure the derelict motor vehicle for 3 full business days, 809 excluding weekends and holidays, if there is no active lien or a 810 lien of 3 years or more on the department’s records before 811 destroying or dismantling the derelict motor vehicle and shall 812 follow all reporting procedures established by the department, 813 including electronic notification to the department or delivery 814 of the original derelict motor vehicle certificate application 815 to an agent of the department within 24 hours after receiving 816 the derelict motor vehicle. If there is an active lien of 3 817 years or less on the derelict motor vehicle, the registered 818 secondary metals recycler shall secure the derelict motor 819 vehicle for 10 days. The department shall notify the lienholder 820 of the application for a derelict motor vehicle certificate and 821 shall notify the lienholder of its intention to remove the lien. 822 Ten days after receipt of the motor vehicle derelict 823 application, the department may remove the lien from its records 824 if a written statement protesting removal of the lien is not 825 received by the department from the lienholder within the 10-day 826 period. However, if the lienholder files with the department and 827 the registered secondary metals recycler within the 10-day 828 period a written statement that the lien is still outstanding, 829 the department shall not remove the lien and shall place an 830 administrative hold on the record for 30 days to allow the 831 lienholder to apply for title to the vehicle or a repossession 832 certificate under s. 319.28. The registered secondary metals 833 recycler must secure the derelict motor vehicle until the 834 department’s administrative stop is removed, the lienholder 835 submits a lien satisfaction, or the lienholder takes possession 836 of the vehicle. 837 c. Any person who knowinglywillfully and deliberately838 violates this subparagraph by selling, transporting, delivering, 839 purchasing, or receiving a motor vehicle, recreational motor 840 vehicle, mobile home, or derelict motor vehicle without 841 obtaining a certificate of title, salvage certificate of title, 842 certificate of destruction, or derelict motor vehicle 843 certificate; enters false or fictitious information on a 844 derelict motor vehicle certificate application; does not 845 complete the derelict motor vehicle certificate application as 846 required or does not make the required notification to the 847 department; does not obtain a legible copy of the seller’s or 848 owner’s driver’s license or identification card when required; 849 or destroys or dismantles a derelict motor vehicle without 850 waiting the required time as set forth in sub-subparagraph b.3851full business dayscommits a felony of the third degree, 852 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 853 5. Major parts from other than a secondary metals recycler 854 for purposes of the processing of such major parts, the 855 purchaser shall record the seller’s name, address, date of 856 purchase, and the personal identification card number of the 857 person delivering such items, as well as the vehicle 858 identification number, if available, of each major part 859 purchased. 860 (8)(a) Secondary metals recyclers and salvage motor vehicle 861 dealers shall return to the department on a monthly basis all 862 certificates of title and salvage certificates of title that are 863 required by this section to be obtained. Secondary metals 864 recyclers and salvage motor vehicle dealers may elect to notify 865 the department electronically through procedures established by 866 the department when they receive each motor vehicle or mobile 867 home, salvage motor vehicle or mobile home, or derelict motor 868 vehicle with a certificate of title or salvage certificate of 869 title through procedures established by the department. The 870 department may adopt rules and establish fees as it deems 871 necessary or proper for the administration of the electronic 872 notification service. 873 (b) Secondary metals recyclers and salvage motor vehicle 874 dealers shall keep originals, or a copy in the event the 875 original was returned to the department, of all certificates of 876 title, salvage certificates of title, certificates of 877 destruction, derelict motor vehicle certificates, and all other 878 information required by this section to be recorded or obtained, 879 on file in the offices of such secondary metals recyclers or 880 salvage motor vehicle dealers for a period of 3 years after the 881 date of purchase of the items reflected in such certificates of 882 title, salvage certificates of title, certificates of 883 destruction, or derelict motor vehicle certificates. These 884 records shall be maintained in chronological order. 885 (c) For the purpose of enforcement of this section, the 886 department or its agents and employees have the same right of 887 inspection as law enforcement officers as provided in s. 888 812.055. 889 (d) Whenever the department, its agent or employee, or any 890 law enforcement officer has reason to believe that a stolen or 891 fraudulently titled motor vehicle, mobile home, recreational 892 vehicle, salvage motor vehicle, or derelict motor vehicle is in 893 the possession of a salvage motor vehicle dealer or secondary 894 metals recycler, the department, its agent or employee, or the 895 law enforcement officer may issue an extendedahold notice, not 896 to exceed 5 additional business days, excluding weekends and 897 holidays, to the salvage motor vehicle dealer or registered 898 secondary metals recycler. 899 (e) Whenever a salvage motor vehicle dealer or registered 900 secondary metals recycler is notified by the department, its 901 agent or employee, or any law enforcement officer to hold a 902 motor vehicle, mobile home, recreational vehicle, salvage motor 903 vehicle, or derelict motor vehicle that is believed to be stolen 904 or fraudulently titled, the salvage motor vehicle dealer or 905 registered secondary metals recycler shall hold the motor 906 vehicle, mobile home, recreational vehicle, salvage motor 907 vehicle, or derelict motor vehicle and may not dismantle or 908 destroy the motor vehicle, mobile home, recreational vehicle, 909 salvage motor vehicle, or derelict motor vehicle until it is 910 recovered by a law enforcement officer, the hold is released by 911 the department or the law enforcement officer placing the hold, 912 or the extended 5 additional businessworkingdays have passed 913 since being notified of the hold. 914 (f) This section does not authorize any person who is 915 engaged in the business of recovering, towing, or storing 916 vehicles pursuant to s. 713.78, and who is claiming a lien for 917 performing labor or services on a motor vehicle or mobile home 918 pursuant to s. 713.58, or is claiming that a motor vehicle or 919 mobile home has remained on any premises after tenancy has 920 terminated pursuant to s. 715.104, to use a derelict motor 921 vehicle certificate application for the purpose of transporting, 922 selling, disposing, or delivering of a motor vehicle at a 923 salvage motor vehicle dealer or metal recycler without obtaining 924 the title or certificate of destruction required under s. 925 713.58, s. 713.78, or s. 715.104. 926 (g) The department shall accept all properly endorsed and 927 completed derelict motor vehicle certificate applications and 928 shall issue a derelict motor vehicle certificate having an 929 effective date that authorizes when a derelict motor vehicle is 930 eligible for dismantling or destruction. The electronic 931 information obtained from the derelict motor vehicle certificate 932 application shall be stored electronically and shall be made 933 available to authorized persons after issuance of the derelict 934 motor vehicle certificate in the Florida Real Time Vehicle 935 Information System. 936 (h)(f)The department is authorized to adopt rules pursuant 937 to ss. 120.536(1) and 120.54 establishing policies and 938 procedures to administer and enforce this section. 939 (i)(g)The department shall charge a fee of $3 for each 940 derelict motor vehicle certificate delivered to the department 941 or one of its agents for processing and shall mark the title 942 record canceled. A service charge may be collected under s. 943 320.04. 944 (j) The licensed salvage motor vehicle dealer or registered 945 secondary metals recycler shall make all payments for the 946 purchase of any derelict motor vehicle that is sold by a seller 947 who is not the owner of record on file with the department by 948 check or money order made payable to the seller and may not make 949 payment to the authorized transporter. The licensed salvage 950 motor vehicle dealer or registered secondary metals recycler may 951 not cash the check that such dealer or recycler issued to the 952 seller. 953 Section 19. This act shall take effect October 1, 2010.
