The Florida Senate

325.213  Self-inspectors.--

(1)  Any person who owns or leases 25 or more motor vehicles that are subject to inspection under this act, including motor vehicles held for resale by a motor vehicle dealer licensed under chapter 320, may apply to the department for a license as a self-inspector. The department shall prescribe by rule the form and content of the application. The application for licensure under this section shall be verified by oath or affirmation and shall contain:

(a)  The name and birth date of the applicant; the name of the firm or partnership, with the names and places of residence of all members thereof, if such applicant is a firm or partnership; the names and places of residence of the principal officers, if the applicant is a body corporate or other artificial body; the name of the state under whose laws the corporation is organized; the present and former places of residence of the applicant; and any prior businesses in which the applicant has engaged and the location thereof;

(b)  Certification that the applicant's business location provides an adequate location for the repair, maintenance, and inspection of the applicant's fleet of vehicles, that the location is not a residence, and that the location is a suitable place where the applicant can in good faith carry on such business and keep and maintain books, records, and files necessary to conduct such business. All such files and records relating to motor vehicles inspected by the self-inspector shall be available at all reasonable hours to inspection by the department or any of its inspectors or other employees;

(c)  Certification that the applicant has obtained the machinery, tools, and equipment, approved by the Department of Environmental Protection, to adequately conduct the required emissions inspections;

(d)  Certification that the applicant employs properly trained personnel to perform the necessary emissions inspections. Criteria for such training of inspection personnel shall be developed by the Department of Environmental Protection; and

(e)  Other relevant information as may be required by the department.

(2)  Any applicant shall pay to the department a nonrefundable fee of $100 in addition to any other fees required by law. Upon making a renewal application, the applicant shall pay to the department a nonrefundable fee of $50 in addition to any other fees required by law. If the applicant is a motor vehicle or mobile home dealer licensed under s. 320.27 or s. 320.77, or a recreational vehicle dealer licensed under s. 320.771, the nonrefundable application fee and subsequent nonrefundable renewal application fee is $25, in addition to any other fees required by law.

(3)  The department shall, in the case of every application for licensure as a self-inspector, except an application by a state or local government agency, verify certain facts set forth in the application. The department shall verify those items in the application relating to the applicant's past criminal record by way of, but not limited to, the complete records available through the state crime information centers and the applicant's financial references. The actual cost of such processing must be borne by the applicant and is to be in addition to the fee for licensing. The department may not issue a license to the applicant until it is satisfied that the facts set forth in the application are true.

(4)  Each self-inspector license issued by the department is valid for the year of issue and shall expire annually on December 31 unless revoked or suspended prior to that date. The self-inspector license for a motor vehicle, mobile home dealer, and recreational vehicle dealer shall expire annually on the same date that the dealer license issued pursuant to the provisions of s. 320.27, s. 320.77, or s. 320.771 expires. A renewal application made subsequent to the expiration date must be accompanied by a delinquency fee of $50 in addition to the renewal application fee prescribed in subsection (2).

(5)  The department may deny, suspend, or revoke any self-inspector license issued under this section for any violation of this section or for:

(a)  Commission of fraud or willful misrepresentation in application for or in obtaining a self-inspector license.

(b)  Conviction of a felony.

(c)  Improper testing of motor vehicles owned or leased by the self-inspector.

(d)  Inspection of any motor vehicle for which the self-inspector is not the registered owner or lessee unless otherwise previously authorized by the department.

(e)  Improper use or misrepresentation of certificates of inspection issued by the department.

(6)

(a)  Prior to the issuance of a self-inspector license, the applicant shall deliver to the department a good and sufficient surety bond or irrevocable letter of credit, executed by the applicant as principal, in the sum of $5,000. If the applicant is a motor vehicle dealer, a mobile home dealer, or a recreational vehicle dealer licensed by the department, this requirement shall be waived in lieu of the surety bond required under s. 320.27, s. 320.77, or s. 320.771. A surety bond or letter of credit is not required if the applicant is a state or local government agency.

(b)  Surety bonds and irrevocable letters of credit shall be in a form approved by the department. Such bonds and letters of credit shall be assigned to the department and in favor of any person who suffers any loss as a result of any violation of this section.

(c)  Surety bonds shall be executed by a surety company authorized to do business in the state as surety, and irrevocable letters of credit shall be issued by a bank authorized to do business in the state. Irrevocable letters of credit must be engaged by a bank as an agreement to honor demands for payment as specified in this section or by the department.

(d)  The department shall, upon denial, suspension, or revocation of any self-inspector license, notify the surety company of the licensee, or bank issuing an irrevocable letter of credit for the licensee, in writing, that the license has been denied, suspended, or revoked and shall state the reason for such denial, suspension, or revocation.

(e)  Any surety company which cancels the bond of any self-inspector licensee or any bank which cancels an irrevocable letter of credit shall notify the department in writing of such cancellation giving the reason for the cancellation.

(7)  Any self-inspector shall, upon filing an application in the manner and form prescribed by this section with the department and paying the prescribed application fee, receive a sufficient number of certificates of inspection for each motor vehicle in the applicant's fleet. The department shall prescribe a fee for each inspection certificate not to exceed 50 cents. A certificate of inspection may not be issued to any fleet vehicle until it has been inspected and passes inspection in compliance with this act.

(8)  The holder of a self-inspector license may not inspect any motor vehicle or provide a certificate of inspection to any motor vehicle for which the licensee is not the registered owner or lessee, unless otherwise authorized by the department. Any county as defined in s. 125.011(1), that is licensed as a self-inspector by the department, may contract for motor vehicle safety inspections and related services directly with the contractor that has been granted the exclusive right to inspect motor vehicles in that contract zone.

(9)  In addition to the exercise of other powers provided in this section, the department may levy and collect a civil fine, not to exceed $1,000 for each violation, against any self-inspector or reinspection facility licensee if it finds that the licensee has violated any provision of this chapter or any other law of this state related to motor vehicle emissions inspections or has failed to comply with any administrative rule adopted under this chapter by the department or the Department of Environmental Protection. The licensee shall be entitled to a hearing pursuant to chapter 120 to contest the fine levied or about to be levied upon him or her.

History.--s. 12, ch. 88-129; s. 5, ch. 91-299; s. 6, ch. 92-323; s. 75, ch. 94-237; s. 148, ch. 94-356; s. 949, ch. 95-148; s. 29, ch. 95-333.