§ 21-57. Title certificate or documentation required prior to dismantling, wrecking, or destroying motor vehicles.

It shall be unlawful for any person, firm, corporation or other legal entity to dismantle, wreck or destroy any motor vehicle without having in its possession a valid, properly endorsed and notarized title certificate to such motor vehicle. Any person undertaking to dismantle, wreck or destroy any motor vehicle shall, upon demand of any peace officer or law enforcement officer, produce for inspection an appropriate lawful title certificate, or other documentation to such motor vehicle required by this section. The foregoing notwithstanding:

(a)

It shall not be unlawful for any person, firm, corporation or other legal entity to dismantle, wreck, or destroy any motor vehicle five (5) model years old or less for which an insurance company, prior to January 1, 1990, has paid money as compensation for a total loss provided that such person has in its possession prior to such dismantling, wrecking or destruction a copy of the notarized bill of sale for such motor vehicle from the registered owner to the insurance company together with a copy of the completed report of total loss settlement therefor filed by the insurance company with the Florida Department of Highway Safety and Motor Vehicles that has been certified by such Department.

(b)

It shall not be unlawful for any person, firm, corporation or other legal entity to dismantle, wreck or destroy any motor vehicle which, on or after January 1, 1990, becomes salvage provided such person has in its possession prior to such dismantling, wrecking or destruction a valid, properly endorsed salvage certificate of title issued by the Florida Department of Highway Safety and Motor Vehicles for such vehicle.

(c)

It shall not be unlawful for any person, firm, corporation or other legal entity to dismantle, wreck or destroy any motor vehicle for which an insurance company, on or after January 1, 1990, has paid money as compensation for a total loss provided that such person has in its possession prior to such dismantling, wrecking, or destruction a valid, properly endorsed salvage certificate of title issued by the Florida Department of Highway Safety and Motor Vehicles for such vehicle.

(d)

It shall not be unlawful for any person, firm, corporation or other legal entity to dismantle, wreck or destroy any motor vehicle which a governmental body had determined to be abandoned property, as that term is defined in Chapter 705, Florida Statutes, or in Section 33-15.1 of the County Code, as these may be amended from time to time, without having therefor a valid, properly endorsed and notarized title certificate. The person, firm, corporation or other entity which dismantles, wrecks or destroys a motor vehicle pursuant to instructions from the government body which previously exercised control over the vehicle as abandoned property, shall have in its possession official documentation from the governmental body ordering the dismantling; wrecking or destruction. The official documentation from the governmental body under this subsection shall contain, at a minimum, the location where the motor vehicle was seized, a description of the motor vehicle by make, model, and year, the VIN number, where available, the name of the government enforcement officer who directed removal of the vehicle, and identification of the contract between the government and the legal entity charged with either the removal or the dismantling, wreckage or destruction of the motor vehicle. The person, firm, corporation or other legal entity who dismantles, wrecks or destroys a motor vehicle pursuant to governmental authority over abandoned property, shall after such dismantling, wreckage or destruction, return to the appropriate governmental body a copy of the documentation described herein, with the date and location that such dismantling, wreckage or destruction took place.

(e)

It shall be unlawful for any person licensed to do business pursuant to this article to possess any vehicle or vehicle part or accessory owned by Miami-Dade County or any municipality within Miami-Dade County without proper documentation therefor as required by this article. Any person convicted of a violation of this provision shall be subject to a fine not to exceed one thousand dollars ($1,000.00) or imprisonment in the county jail for a term not to exceed one (1) year, or by both fine and imprisonment.

For purposes of subsections (a), (b) and (c) of this section the terms "salvage" and "total loss" shall be defined as provided in Section 319.30 Florida Statutes (1988), as the same may be amended from time to time.

(Ord. No. 59-37, § 4, 9-15-59; Ord. No. 60-1, 1-5-60; Ord. No. 77-34, § 3, 6-21-77; Ord. No. 90-4, § 1, 1-16-90; Ord. No. 94-27, § 2, 2-1-94)