Derelict Motor Vehicle Electronic Application and Notification, Secondary Metals Recycler and Salvage Motor Vehicle Dealer Participation Requirements, Electronic Notification System Vendors; Certification; Requirements, Electronic System Procedure ...  

  • Notice of Change/Withdrawal

     

    DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
    Division of Motor Vehicles

    RULE NO.: RULE TITLE:
    15C-20.001: Derelict Motor Vehicle Electronic Application and Notification
    15C-20.002: Secondary Metals Recycler and Salvage Motor Vehicle Dealer Participation Requirements
    15C-20.003: Electronic Notification System Vendors; Certification; Requirements
    15C-20.004: Electronic System Procedure Requirements
    15C-20.005: Derelict Motor Vehicles
    15C-20.006: Derelict Motor Vehicle Certificates
    15C-20.007: Electronic Application for Derelict Motor Vehicle Certificates
    15C-20.008: Enforcement/Compliance

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 18, May 4, 2012 issue of the Florida Administrative Weekly.

    These changes are in response to comments submitted by the Joint Administrative Procedures Committee in a letter dated June 13, 2012. The corrections are as follows:

     

    15C-20.001 Secondary Metals Recyclers or Salvage Motor Vehicle Dealers.

    (1) No change.

    (2)(a) through (c) No change.

    (d) “National Motor Vehicle Title Titling Information System” (NMVTIS) means the nationwide electronic system that provides information about a vehicle’s condition and history to include a vehicle’s title, most recent odometer reading, brand history and historical theft data.

    (3) through (5) No change.

     

    Rulemaking Authority 319.30(8)(a), (h) FS. Law Implemented 319.30(8)(a) FS. History–New_________.

     

    15C-20.002 Secondary Metals Recycler and Salvage Motor Vehicle Dealer Participation Requirements.

    (1)    through (4) No change.

     

    Rulemaking Authority 319.30(8)(a), (h) FS. Law Implemented 319.30(8)(a) FS. History–New_________.

     

    15C-20.003 Electronic Notification System Vendors; Certification; Requirements.

    (1) through (4) No change.

     

    Rulemaking Authority 319.30(8)(a), (h) FS. Law Implemented 319.30(8)(a) FS. History–New_________.

     

    15C-20.004 Electronic System Procedure Requirements.

    (1) through (6) No change.

     

    Rulemaking Authority 319.30(8)(a), (h) FS. Law Implemented 319.30(8)(a) FS. History–New_________.

     

    15C-20.005 Derelict Motor Vehicles.

    (1) through (2) No change.

     

    Rulemaking Authority 319.30(8)(a), (h) FS. Law Implemented 319.30(8)(a) FS. History–New_________.

     

    15C-20.006 Derelict Motor Vehicle Certificates.

    (1) If applying for a derelict motor vehicle certificate at a tax collector’s office or license plate agency, application must be made on Application for an Original/Duplicate Derelict Motor Vehicle Certificate and Request to Cancel Title, Form HSMV 82137 S (Rev 04/12), incorporated herein by reference and available at tax collector offices, license plate agencies and via the Department website at www.flhsmv.gov. The secondary metals recycler or salvage motor vehicle dealer must apply within 24 hours of receiving the derelict motor vehicle. If application is made at a tax collector’s office or license plate agency, the 24 hour notice excludes weekends and holidays. The derelict motor vehicle certificate application must be completed by the seller or owner, transporter and purchaser prior to the purchaser taking possession of the derelict motor vehicle.

    (2) The derelict motor vehicle certificate application must be accompanied by:

    (a) A legible copy of the seller’s or owners valid Florida driver license or Florida identification card, or a valid driver license or identification card issued by another state.

    (b) No change.

    (3) through (7) No change.

     

    Rulemaking Authority 319.30(8)(a), (h) FS. Law Implemented 319.30(8)(a) FS. History–New_________.

     

    15C-20.007 Electronic Application for Derelict Motor Vehicle Certificates.

    (1) through (2) No change.

    (3) The secondary metals recycler or salvage motor vehicle dealer must complete an Application for an Original/Duplicate Derelict Motor Vehicle Certificate and Request to Cancel Title, Form HSMV 82137 S (Rev. 04/12), incorporated herein by reference and available at tax collector offices, license plate agencies and via the Department website at www.flhsmv.gov, obtaining the signatures of the seller or owner, transporter and purchaser and meeting all other derelict motor vehicle certificate application criteria. The secondary metals recycler or salvage motor vehicle dealer shall then enter the information required via the vendor’s Electronic Notification System.

    (4) through (9) No change.

     

    Rulemaking Authority 319.30(8)(a), (h) FS. Law Implemented 319.30(8)(a) FS. History–New_________.

     

    15C-20.008 Enforcement/Compliance.

    (1) The Department shall enforce compliance with the requirements of the Electronic Notification System. The following are prohibited and shall may result in the termination of certification as an electronic notification vendor:

    (a) Providing access to the Electronic Notification System to a client or person not authorized by the Department.

    (b) Willful misrepresentation of electronic notification policies, procedures, contractual terms or other titling procedures.

    (c) Using Department information for reasons other than authorized electronic notification services.

    (d) Failure to correct errors as required by the Department.

    (2) No change.

     

    Rulemaking Authority 319.30(8)(a), (h) FS. Law Implemented 319.30(8)(a) FS. History–New_________.

     

    THE PERSON TO BE CONTACTED REGARDING THE CHANGE IS: Selma Sauls, Government Operations Consultant I, 2900 Apalachee Parkway, Tallahassee Florida 32399, selmasauls@flhsmv.gov, (850)617-3001