The Florida Senate

325.207  Inspection stations; department contracts; inspection requirements; recordkeeping.--

(1)  The department shall direct the implementation, operation, and regulation of emissions inspections required under this act. The department shall establish the requirements for inspection stations, enter into negotiated multiyear contracts with one or more private contractors for the operation of inspection stations with a state option for renewal, and supervise the performance of such contractors.

(2)  The Governor and Cabinet as head of the department shall approve any request for proposals by the department before the request for proposals is made available for bidding purposes. In addition, the Governor and Cabinet must approve the award of any contract to any contractor.

(3)  The department shall incorporate, as a provision of each contract, standards relating to maximum driving time to inspection stations and maximum waiting time at inspection stations and shall have the authority to impose penalties for failure of the contractor to meet such standards.

(4)  Such contracts are subject to competitive procurement requirements and shall provide for the design, construction, equipment, maintenance, and operation of inspection stations in such numbers and locations as required to provide motor vehicle owners with reasonably convenient access to inspection facilities for the purpose of compliance with this act.

(5)  To avoid conflicts of interest and ensure impartial inspections, the department may not enter into a contract to conduct emissions inspections with any contractor who:

(a)  Engages in the business of manufacturing or selling motor vehicles in this state;

(b)  Offers to the general public, for profit, motor vehicle maintenance or repair services in this state, except that a contractor may maintain or repair motor vehicles owned or leased by the contractor; or

(c)  Lacks the capability, resources, or technical and management skills to adequately construct, equip, operate, and maintain a sufficient number of official emissions inspection stations to meet the demand for the inspection of every motor vehicle which is required to be inspected under the terms of the contract.

(6)  By its selection process for contractors, the department shall seek to obtain the highest quality service for the lowest cost. Accordingly, the department shall give balanced consideration during its selection process to the following:

(a)  The public convenience of the inspection stations, including a calculation of lowest average driving time to an inspection facility applicable to 90 percent of motor vehicles within each contract zone;

(b)  The inspection fee bid proposed by a contractor;

(c)  The degree of technological content of the proposal, including test-accuracy specifications, and quality of testing services;

(d)  The experience of the contractor, and the probability of successful performance of the contract;

(e)  The financial stability of the contractor; and

(f)  The economic impact of the contract to the state during construction and operation of the inspection stations.

(7)  All persons employed by a contractor are deemed to be employees of the contractor and not of the state. An officer, director, or employee of a contractor may not be an employee of the state.

(8)  Any contract authorized under this section shall contain:

(a)  A contract term of not less than 5 years of actual test operations.

(b)  A clause stating that nothing in the contract requires the state to purchase any asset or assume any liability if such contract is not renewed.

(c)  Minimum requirements for adequate staff, equipment, management, and operating hours which may include evening or weekend hours or both.

(d)  Provisions for surveillance by the department of the contractor to ensure compliance with emissions test standards and applicable procedures, rules, regulations, and laws.

(e)  Provision for the state, upon default of the contractor, to terminate the contract with the contractor and assume operation of the motor vehicle emissions inspection station.

(f)  Provision for the state, upon termination of the term of the contract or upon assumption of the operation of the program pursuant to paragraph (e), to have transferred or assigned to it, for reasonable compensation, any interest in land, buildings, improvements, services, and equipment used by the contractor in the operation of an inspection station.

(g)  Provision for the state, upon termination of the term of the contract or upon assumption of the operation of the program, to have transferred and assigned to it, for reasonable compensation, any contract rights and related obligations for land, buildings, improvements, and equipment used by the contractor in the operation of the inspection station.

(h)  A requirement that the contractor, in any agreement executed by him or her for land, buildings, improvements, and equipment used in the operation of the inspection stations, reserve the right to assign to the state any of his or her rights and obligations under such contract.

(i)  A procedure for determining the damages payable by the state to the contractor if the Legislature abolishes the inspection program at any time prior to the conclusion of the contract term. This procedure must specify that the contractor and the department have 120 days from the effective date of the termination of the program to negotiate an amount to be paid to the contractor as reasonable compensation for its loss resulting from the termination of the contract due to the termination of the program. If the contractor and the department are not able to agree to an amount by the end of the 120-day period, the department shall determine the amount of reasonable compensation and notify the contractor in writing of its determination within 14 days of the end of the negotiation period and shall offer the contractor a point of entry to a proceeding under ss. 120.569 and 120.57 pursuant to the department's rules of procedure. This provision must specify that payment of such compensation to the contractor is subject to appropriation of funds for this purpose by the Legislature and that the department agrees in good faith to request the Legislature to appropriate the funds to pay such reasonable compensation. The damages recoverable by the contractor if the Legislature abolishes the program shall be limited to the funds appropriated by the Legislature pursuant to this section.

(j)  Any other provision, including periodic audits of inspection fees collected, deemed necessary by the department for the administration or enforcement of the emissions inspection contract.

(k)  A provision requiring compliance with minority business enterprise procurement goals set forth in ¹s. 287.0945 in contracts for the construction of inspection stations and for document printing costs and costs associated with the maintenance, repair, reconstruction, renovation, and expansion of inspection stations. Each contractor shall submit to the department no later than March 1 of each year an affidavit certifying compliance with the provisions of this paragraph.

(l)  A provision requiring a performance bond of $1 million, which the department may, after the second year of inspection operations under the contract, elect to waive entirely, reduce in amount, or waive in exchange for another appropriate means of security in a like or reduced amount.

(m)  A provision requiring that the contractor determine, for each county in the program area, the availability of county facilities formerly used for the inspection of motor vehicles and that the contractor explore with appropriate county officials the feasibility of the contractor's acquisition or lease of such facilities, if any, for use as inspection stations.

(9)  Inspection stations shall collect, maintain, and report data as the department requires. The department may enter and inspect the premises and equipment and audit the records of inspection fees collected at each inspection station at all reasonable times.

(10)  The department shall maintain records of each inspection station and investigate bona fide complaints regarding inspection stations.

(11)  Before accepting proposals, the department shall divide the state into three or more contract zones. The department shall contract with a private contractor for the exclusive right to conduct vehicle inspections in each zone. However, any contractor may bid on more than one zone, and the department may contract with a contractor to conduct vehicle inspections in more than one contract zone.

(12)  Information received in a sealed bid or proposal that would indicate the locating of proposed inspection sites, or property sought to be acquired for such sites, is exempt from the provisions of s. 119.07(1), as follows:

(a)  For an unsuccessful bidder, from the time the bid or proposal is received, until 30 days after notice of intent to award a bid or proposal.

(b)  For successful bidders, from the time the bid or proposal is received, until completion of purchases or leases of real property required to carry out the contract provisions.

(13)

(a)  The department and the Department of Environmental Protection shall have reasonable access to all records of the contractor pertaining to the contract or duties imposed or undertaken pursuant to this chapter. Except as to information provided for in subsection (12), upon request of the contractor, any records received by the department or the Department of Environmental Protection which are shown to be proprietary confidential business information shall be kept confidential and shall be exempt from s. 119.07(1).

(b)  Proprietary confidential business information includes, and is limited to:

1.  Trade secrets as defined in s. 812.081.

2.  Security measures, systems, or procedures.

(c)  Proprietary confidential business information does not include information received by the department or the Department of Environmental Protection in carrying out the duties of the department under subsection (6), except such information which, if disclosed, would reveal:

1.  Specifications pertaining to process or design;

2.  The identity of or information about a person or entity not engaged or proposed to be engaged in providing services in connection with the proposal or contract, and not a party to, nor the subject of, the proposal or contract;

3.  Specific financial assets of the contractor, or contracts of the contractor other than the contract provided for in this section.

(d)  In any administrative proceeding brought under this chapter, upon a showing by the contractor and a finding by the hearing officer that such protection is necessary, the hearing officer shall issue protective orders protecting the contractor from discovery of proprietary confidential business information. If the hearing officer determines that discovery of proprietary confidential business information is necessary to preserve justice or to protect the public interest, however, the hearing officer shall enter an order limiting such discovery in the manner provided for in Rule 1.280 of the Florida Rules of Civil Procedure.

(14)  Any contract entered into by the department pursuant to this section may be amended by mutual consent of the parties, by a writing executed with the same degree of formality as the original contract.

History.--s. 7, ch. 88-129; s. 3, ch. 89-212; s. 15, ch. 91-162; s. 59, ch. 93-164; s. 25, ch. 94-322; s. 145, ch. 94-356; s. 947, ch. 95-148; s. 1, ch. 95-203; s. 158, ch. 96-406; s. 67, ch. 96-410; s. 30, ch. 97-300.

¹Note.--Repealed by s. 27, ch. 96-320. Section 287.0945(9), created by s. 1, ch. 96-412, was redesignated by the reviser as s. 373.607.