Florida Senate - 2019 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 385, 1st Eng.
Ì681892GÎ681892
LEGISLATIVE ACTION
Senate . House
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Senator Diaz moved the following:
1 Senate Amendment to Amendment (869784) (with title
2 amendment)
3
4 Delete lines 176 - 300
5 and insert:
6 (VI) For the operation and maintenance of fixed guideway
7 rapid transit systems and bus routes or extensions thereof,
8 including bus rapid transit systems, which were implemented or
9 constructed subsequent to the passage of the surtax, and for
10 operation and maintenance of services authorized by electors in
11 passing the surtax or included in the ordinance authorizing the
12 levy of the surtax subject to the electorate’s approval.
13 b. To the extent not prohibited by contracts or bond
14 covenants in effect on October 1, 2022, no more than 25 percent
15 of the surtax proceeds may be distributed to municipalities in
16 total in a county as defined in s. 125.011(1). Such
17 municipalities may use the surtax proceeds to plan, develop,
18 construct, operate, and maintain roads and bridges in the
19 municipality and to pay the principal and interest on bonds
20 issued to construct roads or bridges. The governing body of the
21 municipality may pledge the proceeds for bonds issued to
22 refinance existing bonds or new bonds issued to construct such
23 roads or bridges. Additionally, each such municipality may use
24 surtax proceeds for transit systems within the municipality.
25 Section 4. Subsection (2) of section 215.68, Florida
26 Statutes, is amended to read:
27 215.68 Issuance of bonds; form; maturity date, execution,
28 sale.—
29 (2) Such bonds may:
30 (a) Be issued in either coupon form or registered form or
31 both;
32 (b) Have such date or dates of issue and such maturities,
33 not exceeding in any event 40 years from the date of issuance
34 thereof;
35 (c) Bear interest at a rate or rates not exceeding the
36 interest rate limitation set forth in s. 215.84(3);
37 (d) Have such provisions for registration of coupon bonds
38 and conversion and reconversion of bonds from coupon to
39 registered form or from registered form to coupon form;
40 (e) Have such provisions for payment at maturity and
41 redemption before prior to maturity at such time or times and at
42 such price or prices; and
43 (f) Be payable at such place or places within or without
44 the state as the board shall determine by resolution.
45
46 The foregoing terms and conditions do not supersede the
47 limitations provided in chapter 348, part I, relating to the
48 issuance of bonds.
49 Section 5. Notwithstanding the repeal of section 319.141,
50 Florida Statutes, which occurred on July 1, 2018, that section
51 is revived, reenacted, and amended to read:
52 319.141 Pilot Rebuilt motor vehicle inspection program.—
53 (1) As used in this section, the term:
54 (a) “Facility” means a rebuilt motor vehicle inspection
55 facility authorized and operating under this section.
56 (b) “Rebuilt inspection services” means an examination of a
57 rebuilt vehicle and a properly endorsed certificate of title,
58 salvage certificate of title, or manufacturer’s statement of
59 origin and an application for a rebuilt certificate of title, a
60 rebuilder’s affidavit, a photograph of the junk or salvage
61 vehicle taken before repairs began, if available, a photograph
62 of the interior driver and passenger sides of the vehicle if
63 airbags were previously deployed and replaced, receipts or
64 invoices for all major component parts, as defined in s. 319.30,
65 and repairs which were changed, and proof that notice of
66 rebuilding of the vehicle has been reported to the National
67 Motor Vehicle Title Information System.
68 (2) By October 1, 2019 July 1, 2015, the department shall
69 implement oversee a pilot program in Miami-Dade County to
70 evaluate alternatives for rebuilt inspection services offered by
71 existing private sector participants operators, including the
72 continued use of private facilities, the cost impact to
73 consumers, and the potential savings to the department.
74 (3) Upon selection by the department, each participant
75 shall enter into The department shall establish a memorandum of
76 understanding with the department that allows such participant
77 private parties participating in the pilot program to conduct
78 rebuilt motor vehicle inspections and specifies requirements for
79 oversight, bonding and insurance, procedures, and forms and
80 requires the electronic transmission of documents. The
81 department may examine all records pertaining to any inspection
82 or related service performed under the rebuilt motor vehicle
83 inspection program.
84 (4) Before a participant an applicant is authorized to
85 perform such rebuilt inspection services approved, the
86 department shall ensure that the participant applicant meets
87 basic criteria designed to protect the public. At a minimum, the
88 participant applicant shall meet all of the following
89 requirements:
90 (a) Have and maintain a surety bond or irrevocable letter
91 of credit in the amount of $100,000 executed in favor of the
92 department. Such surety bond or letter of credit shall be issued
93 by entities licensed to do business in this state by the
94 applicant.
95 (b) Secure and maintain a facility at a permanent fixed
96 structure, as evidenced by proof of ownership or written lease
97 at an address recognized by the United States Postal Service
98 where the only services provided on such property are rebuilt
99 inspection services. The facility must have permanent signage
100 which advertises that only private rebuilt inspection services
101 are provided at that location; posted business hours; a
102 designated office area and customer waiting area; a rebuilt
103 inspection area separate and visually obstructed from any area
104 accessible to the customer; surveillance cameras with recording
105 capabilities for the rebuilt inspection areas; and sufficient
106 onsite customer parking. The location must be large enough to
107 accommodate all of the vehicles being inspected and have a
108 covered area to accommodate at least two vehicles during
109 inclement weather. The participant operator of a facility shall
110 annually attest that he or she does not have a direct or
111 indirect interest in any motor vehicle that a facility has
112 inspected or proposes to inspect; he or she is not employed by
113 or does not have an ownership interest in or other financial
114 arrangement with the owner, operator, manager, or employee of a
115 motor vehicle repair shop as defined in s. 559.903, a motor
116 vehicle dealer as defined in s. 320.27(1)(c), a towing company,
117 a vehicle storage company, a vehicle auction, an insurance
118 company, a salvage yard, a metal retailer, or a metal rebuilder,
119 from which he or she receives remuneration, directly or
120 indirectly, for the referral of customers for rebuilt inspection
121 services; there have been no changes to the ownership structure
122 of the approved facility; and the only services being provided
123 by such participant at the facility are rebuilt inspection
124 services. Only a participant selected and approved by the
125 department may charge or receive a fee for providing or
126 facilitating such services.
127 (c) Have and maintain garage liability with a minimum of
128 $100,000 single-limit liability coverage including bodily injury
129 and property damage protection and any other insurance required
130 by the department.
131 (d) Have completed criminal background checks of the
132 owners, partners, and corporate officers and the inspectors
133 employed by the facility which demonstrate that such persons
134 have not been convicted of a felony, pled guilty to a felony,
135
136 ================= T I T L E A M E N D M E N T ================
137 And the title is amended as follows:
138 Delete lines 1568 - 1575
139 and insert:
140 certain services; authorizing the use of surtax
141 proceeds for the purchase of rights-of-way under
142 certain circumstances; authorizing the use of surtax
143 proceeds for the payment of principal and interest on,
144 refinancing of, and issuance of certain bonds;
145 authorizing the use of surtax proceeds for operations
146 and maintenance of certain fixed guideway rapid
147 transit systems, bus routes or extensions, and
148 services; authorizing a percentage of surtax