The Florida Senate

325.001  Periodic motor vehicle inspection.

325.01  Vehicle Equipment Safety Compact, execution authorized.

325.02  Statutory provisions relative to equipment requirements superseded by new rules and regulations.

325.03  Rules, approval by Department of Highway Safety and Motor Vehicles.

325.04  Commissioner on motor equipment safety; executive director of Department of Highway Safety and Motor Vehicles.

325.05  Employees covered by State and County Retirement System.

325.06  Cooperation with state agencies.

325.07  Filing of documents.

325.08  Budgets.

325.09  Audit.

325.10  Governor executive head.

325.201  Clean Outdoor Air Law; short title.

325.202  Definitions.

325.203  Motor vehicles subject to annual inspection; exemptions.

325.204  Program area designation by county.

325.206  Exhaust emissions inspection criteria; rules.

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

325.2075  Administrative remedies for motorist inconvenience.

325.208  Protests of contract awards and requests for proposals.

325.209  Waivers.

325.210  Preinspection repairs; postinspection repair shop responsibilities; exception.

325.211  Defective vehicles; repair procedures; reinspection requirement.

325.212  Reinspections; reinspection facilities; rules; minority business participation.

325.213  Self-inspectors.

325.2135  Motor vehicle emissions inspection program; development of specifications; fees; reporting.

325.214  Motor vehicle inspection; fees; disposition of fees.

325.215  Inspection not a warranty of mechanical condition.

325.216  Violations; penalties.

325.217  Cost-benefit analyses and other evaluations; reports to Legislature.

325.218  Public education.

325.219  Rules.

325.221  Motor vehicle air conditioners; legislative findings; intent.

325.222  Definitions.

325.223  Training and certification requirements; sale of refrigerants; penalties.

325.001  Periodic motor vehicle inspection.--Provisions in the law to the contrary notwithstanding, any county which chooses to have a periodic motor vehicle inspection program may establish one.

History.--s. 5, ch. 81-212.

325.01  Vehicle Equipment Safety Compact, execution authorized.--The Governor of this state is hereby authorized and directed to execute the following compact on behalf of this state with such other states as may enter into a compact, legally joining therein in the form substantially as follows:

FINDINGS AND PURPOSES.--

(1)  The party states find that:

(a)  Accidents and deaths on their streets and highways present a very serious human and economic problem with a major deleterious effect on the public welfare.

(b)  There is a vital need for the development of greater interjurisdictional cooperation to achieve the necessary uniformity in the laws, rules, regulations and codes relating to vehicle equipment, and to accomplish this by such means as will minimize the time between the development of demonstrably and scientifically sound safety features and their incorporation into vehicles.

(2)  The purposes of this compact are to:

(a)  Promote uniformity in regulation of and standards for equipment.

(b)  Secure uniformity of law and administrative practice in vehicular regulation and related safety standards to permit incorporation of desirable equipment changes in vehicles in the interest of greater traffic safety.

(c)  To provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in subsection (1) of this article.

(3)  It is the intent of this compact to emphasize performance requirements and not to determine the specific detail of engineering in the manufacture of vehicles or equipment except to the extent necessary for the meeting of such performance requirements.

DEFINITIONS.--As used in this compact:

(1)  Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

(2)  State means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(3)  Equipment means any part of a vehicle or any accessory for use thereon which affects the safety of operation of such vehicle or the safety of the occupants.

THE COMMISSION.--

(1)  There is hereby created an agency of the party states to be known as the Vehicle Equipment Safety Commission hereinafter called the commission. The commission shall be composed of one commissioner from each party state who shall be appointed, serve and be subject to removal in accordance with the laws of the state which he or she represents. If authorized by the laws of his or her party state, a commissioner may provide for the discharge of his or her duties and the performance of his or her functions on the commission, either for the duration of the commissioner's membership or for any lesser period of time, by an alternate. No such alternate shall be entitled to serve unless notification of his or her identity and appointment shall have been given to the commission in such form as the commission may require. Each commissioner, and each alternate, when serving in the place and stead of a commissioner, shall be entitled to be reimbursed by the commission for expenses actually incurred in attending commission meetings or while engaged in the business of the commission.

(2)  The commissioners shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, are present.

(3)  The commission shall have a seal.

(4)  The commission shall elect annually, from among its members, a chair, a vice chair and a treasurer. The commission may appoint an executive director and fix his or her duties and compensation. Such executive director shall serve at the pleasure of the commission, and together with the treasurer shall be bonded in such amount as the commission shall determine. The executive director also shall serve as secretary. If there be no executive director, the commission shall elect a secretary in addition to the other officers provided by this article.

(5)  Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director with the approval of the commission, or the commission if there be no executive director, shall appoint, remove or discharge such personnel as may be necessary for the performance of the commission's functions, and shall fix the duties and compensation of such personnel.

(6)  The commission may establish and maintain independently or in conjunction with any one or more of the party states, a suitable retirement system for its full-time employees. Employees of the commission shall be eligible for social security coverage in respect of old age and survivor's insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.

(7)  The commission may borrow, accept or contract for the services of personnel from any party state, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party states or their subdivisions.

(8)  The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency and may receive, utilize and dispose of the same.

(9)  The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.

(10)  The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. The bylaws shall provide for appropriate notice to the commissioners of all commission meetings and hearings and the business to be transacted at such meetings or hearings. Such notice shall also be given to such agencies or officers of each party state as the laws of such party state may provide.

(11)  The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been issued by the commission. The commission may make such additional reports as it may deem desirable.

RESEARCH AND TESTING.--The commission shall have power to:

(1)  Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in equipment and related fields.

(2)  Recommend and encourage the undertaking of research and testing in any aspect of equipment or related matters when, in its judgment, appropriate or sufficient research or testing has not been undertaken.

(3)  Contract for such equipment research and testing as one or more governmental agencies may agree to have contracted for by the commission, provided that such governmental agency or agencies shall make available the funds necessary for such research and testing.

(4)  Recommend to the party states changes in law or policy with emphasis on uniformity of laws and administrative rules, regulations or codes which would promote effective governmental action or coordination in the prevention of equipment-related highway accidents or the mitigation of equipment-related highway safety problems.

VEHICULAR EQUIPMENT.--

(1)  In the interest of vehicular and public safety, the commission may study the need for or desirability of the establishment of or changes in performance requirements or restrictions for any item of equipment. As a result of such study, the commission may publish a report relating to any item or items of equipment, and the issuance of such a report shall be a condition precedent to any proceedings or other action provided or authorized by this article. No less than 60 days after the publication of a report containing the results of such study, the commission upon due notice shall hold a hearing or hearings at such place or places as it may determine.

(2)  Following the hearing or hearings provided for in subsection (1) of this article, and with due regard for standards recommended by appropriate professional and technical associations and agencies, the commission may issue rules, regulations or codes embodying performance requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the commission will be fair and equitable and effectuate the purposes of this compact.

(3)  Each party state obligates itself to give due consideration to any and all rules, regulations and codes issued by the commission and hereby declares its policy and intent to be the promotion of uniformity in the laws of the several party states relating to equipment.

(4)  The commission shall send prompt notice of its action in issuing any rule, regulation or code pursuant to this article to the appropriate motor vehicle agency of each party state and such notice shall contain the complete text of the rule, regulation or code.

(5)  If the constitution of a party state requires, or if its statutes provide, the approval of the legislature by appropriate resolution or act may be made a condition precedent to the taking effect in such party state of any rule, regulation or code. In such event, the commissioner of such party state shall submit any commission rule, regulation or code to the legislature as promptly as may be in lieu of administrative acceptance or rejection thereof by the party state.

(6)  Except as otherwise specifically provided in or pursuant to subsections (5) and (7) of this article, the appropriate motor vehicle agency of a party state shall in accordance with its constitution or procedural laws adopt the rule, regulation or code within six months of the sending of the notice, and, upon such adoption, the rule, regulation or code shall have the force and effect of law therein.

(7)  The appropriate motor vehicle agency of a party state may decline to adopt a rule, regulation or code issued by the commission pursuant to this article if such agency specifically finds, after public hearing on due notice, that a variation from the commission's rule, regulation or code is necessary to the public safety, and incorporates in such finding the reasons upon which it is based. Any such finding shall be subject to review by such procedure for review of administrative determinations as may be applicable pursuant to the laws of the party state. Upon request, the commission shall be furnished with a copy of the transcript of any hearings held pursuant to this subsection.

FINANCE.--

(1)  The commission shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof.

(2)  Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations under any such budget shall be apportioned among the party states as follows: One-third in equal shares; and the remainder in proportion to the number of motor vehicles registered in each party state. In determining the number of such registrations, the commission may employ such source or sources of information as, in its judgment present the most equitable and accurate comparisons among the party states. Each of the commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning vehicular registrations.

(3)  The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under article III (8) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under article III (8), the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

(4)  The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its rules. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual reports of the commission.

(5)  The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

(6)  Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

CONFLICT OF INTEREST.--

(1)  The commission shall adopt rules and regulations with respect to conflict of interest for the commissioners of the party states, and their alternates, if any, and for the staff of the commission and contractors with the commission to the end that no member or employee or contractor shall have a pecuniary or other incompatible interest in the manufacture, sale or distribution of motor vehicles or vehicular equipment or in any facility or enterprise employed by the commission or on its behalf for testing, conduct of investigation or research. In addition to any penalty for violation of such rules and regulations as may be applicable under the laws of the violator's jurisdiction of residence, employment or business, any violation of a commission rule or regulation adopted pursuant to this article shall require the immediate discharge of any violating employee and the immediate vacating of membership, or relinquishing of status as a member on the commission by any commissioner or alternate. In the case of a contractor, any violation of any such rule or regulation shall make any contract of the violator with the commission subject to cancellation by the commission.

(2)  Nothing contained in this article shall be deemed to prevent a contractor for the commission from using any facilities subject to his or her control in the performance of the contract even though such facilities are not devoted solely to work of or done on behalf of the commission; nor to prevent such a contractor from receiving remuneration or profit from the use of such facilities.

ADVISORY AND TECHNICAL COMMITTEES.--

The commission may establish such advisory and technical committees as it may deem necessary, membership on which may include private citizens and public officials, and may cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities.

ENTRY INTO FORCE AND WITHDRAWAL.--

(1)  This compact shall enter into force when enacted into law by any six or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

(2)  Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 1 year after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

CONSTRUCTION AND SEVERABILITY.--

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

History.--s. 1, ch. 63-518; s. 442, ch. 95-148.

325.02  Statutory provisions relative to equipment requirements superseded by new rules and regulations.--The provisions of chapter 316, prescribing motor vehicle equipment requirements, shall continue to be of force and effect only until superseded by a rule, regulation, or code adopted by the Department of Highway Safety and Motor Vehicles pursuant to the Vehicle Equipment Safety Compact. Any such rule, regulation, or code shall specify the provision or provisions of existing statute being superseded in accordance with and as required by this chapter. Any such provision or provisions are hereby repealed, effective on the date when the rule, regulation, or code superseding such provision or provisions becomes effective pursuant to the Vehicle Equipment Safety Compact and such other provisions of this act as may be applicable. Violation of any of the motor vehicle equipment requirements shall constitute a noncriminal traffic infraction subject to the penalty provided in s. 318.18(2).

History.--s. 2, ch. 63-518; ss. 24, 35, ch. 69-106; s. 222, ch. 71-136; s. 14, ch. 86-185.

325.03  Rules, approval by Department of Highway Safety and Motor Vehicles.--Pursuant to article V (5) of the Vehicle Equipment Safety Compact, it is the intention of this state and it is hereby provided that no rule, regulation or code issued by the Vehicle Equipment Safety Commission in accordance with article V of the compact shall take effect until approved by the Department of Highway Safety and Motor Vehicles.

History.--s. 3, ch. 63-518; ss. 24, 35, ch. 69-106.

325.04  Commissioner on motor equipment safety; executive director of Department of Highway Safety and Motor Vehicles.--The commissioner of this state on the Vehicle Equipment Safety Commission shall be the executive director of the Department of Highway Safety and Motor Vehicles, who shall serve during his or her continuance as such executive director. The commissioner may designate a duly authorized representative from among the officers and employees of his or her agency to serve in his or her place and stead on the Vehicle Equipment Safety Commission. Subject to the provisions of the compact and bylaws of the Vehicle Equipment Safety Commission, the authority and responsibilities of such representative shall be as determined by the commissioner designating such representative.

History.--s. 4, ch. 63-518; ss. 24, 35, ch. 69-106; s. 443, ch. 95-148.

325.05  Employees covered by State and County Retirement System.--The State and County Officers and Employees Retirement System may make an agreement with the Vehicle Equipment Safety Commission for the coverage of said commission's employees pursuant to article III (6) of the compact. Any such agreement, as nearly as may be shall provide for arrangements similar to those available to the employees of this state and shall be subject to amendment or termination in accordance with its terms.

History.--s. 5, ch. 63-518.

325.06  Cooperation with state agencies.--Within appropriations available therefor, the departments, agencies and officers of the government of this state may cooperate with and assist the Vehicle Equipment Safety Commission within the scope contemplated by article III (8) of the compact. The departments, agencies and officers of the government of this state are authorized generally to cooperate with said commission.

History.--s. 6, ch. 63-518.

325.07  Filing of documents.--Filing of documents as required by article III (10) of the compact shall be with the Department of State. Any and all notices required by commission bylaws to be given pursuant to article III (10) of the compact shall be given to the commissioner of this state, or his or her duly authorized representative, if any.

History.--s. 7, ch. 63-518; ss. 10, 35, ch. 69-106; s. 444, ch. 95-148.

325.08  Budgets.--Pursuant to article VI (1) of the compact, the Vehicle Equipment Safety Commission shall submit its budgets to the Governor, as chief budget officer of the state.

History.--s. 8, ch. 63-518; ss. 2, 3, ch. 67-371; ss. 31, 35, ch. 69-106.

325.09  Audit.--Pursuant to article VI (5) of the compact, the Auditor General is hereby authorized and required to inspect the accounts of the Vehicle Equipment Safety Commission.

History.--s. 9, ch. 63-518; s. 8, ch. 69-82.

325.10  Governor executive head.--The term "executive head" as used in article IX (2) of the compact shall, with reference to this state, mean the Governor.

History.--s. 10, ch. 63-518.

325.201  Clean Outdoor Air Law; short title.--This act may be cited as the "Clean Outdoor Air Law."

History.--s. 1, ch. 88-129.

325.202  Definitions.--As used in this act, the term:

(1)  "Air pollution control equipment" means any equipment or feature installed by the manufacturer or replaced with a device or system equivalent in design and function to the part that was originally installed on the motor vehicle which constitutes an operational element of the air pollution control system or mechanism of a motor vehicle.

(2)  "Contractor" means any person, corporation, or partnership with whom the department may enter into a contract for the purchase, lease, design, construction, equipment, maintenance, personnel, management, and operation of an inspection station.

(3)  "Dealer certificate" means an inspection certificate issued to a motor vehicle dealer, motor vehicle broker as defined in ¹s. 320.07, mobile home dealer as defined in s. 320.77, or recreational vehicle dealer as defined in s. 320.771, indicating that a motor vehicle has passed an emissions inspection, which grants the dealer or broker 12 months in which to sell at retail the identified motor vehicle owned by the dealer or broker.

(4)  "Department" means the Department of Highway Safety and Motor Vehicles.

(5)  "Federal act" means the federal Clean Air Act, as amended, and regulations issued by the United States Environmental Protection Agency under that act.

(6)  "Inspection" means the determination of the level of exhaust emissions of a motor vehicle and of the existence of tampering.

(7)  "Inspection certificate" means a serially numbered form issued by an inspection station, reinspection facility, or self-inspector indicating that the identified motor vehicle has been inspected and passed inspection.

(8)  "Inspection station" means a facility, other than a self-inspection facility, situated in a permanent structure or a mobile unit, for the purpose of conducting emissions inspections of motor vehicles as required by this act.

(9)  "Motor vehicle" means any self-propelled vehicle required to be registered under s. 320.02.

(10)  "Nonattainment area" means an area which has been designated by the administrator of the United States Environmental Protection Agency (EPA), pursuant to the federal act, as exceeding national primary or secondary ambient air quality standards for the pollutants carbon monoxide or ozone.

(11)  "Program area" means counties designated by the Department of Environmental Protection as air-quality nonattainment areas in accordance with this act, counties which voluntarily request inclusion pursuant to the provisions of s. 325.204, and counties previously designated as nonattainment areas that are operating under a United States Environmental-Protection-Agency-approved maintenance plan.

(12)  "Reinspection facility" means any motor vehicle repair shop as defined in ²s. 559.903(7) which has been licensed by the department pursuant to the provisions of s. 325.212.

(13)  "Self-inspector" means any person or governmental entity that owns or leases at least 25 motor vehicles, including vehicles held for resale by a motor vehicle dealer licensed under chapter 320, and is licensed by the department to inspect such vehicles.

(14)  "Tamper" means to dismantle, remove, or render ineffective any air pollution control equipment which has been installed on a motor vehicle by the vehicle manufacturer except to replace such device or system with a device or system equivalent in design and function to the part that was originally installed on the motor vehicle.

(15)  "Short-term rental vehicle" means a motor vehicle leased without a driver and under a written agreement to one or more persons from time to time for a period of less than 3 months.

History.--s. 2, ch. 88-129; s. 1, ch. 92-39; s. 1, ch. 92-323; s. 92, ch. 94-306; s. 142, ch. 94-356; s. 27, ch. 95-333.

¹Note.--The reference is erroneous. The term "motor vehicle broker" is not defined at s. 320.07; it is defined at s. 320.27.

²Note.--Substituted by the editors for a reference to s. 559.903(2) to conform to the redesignation of subunits by s. 3, ch. 93-219.

325.203  Motor vehicles subject to annual inspection; exemptions.--

(1)  Each motor vehicle which is required to obtain an inspection certificate shall obtain one or a waiver annually within 180 days prior to the expiration of the motor vehicle registration period, except that any vehicle the registration period for which is established under s. 320.055(4) or (5) and which is required to obtain an inspection certificate shall obtain one or a waiver annually prior to the expiration of the motor vehicle registration period.

(2)  Unless exempt pursuant to subsection (3) or subsection (4), each motor vehicle which is owned or leased by a person who resides in a county designated as part of the program area or which is primarily kept in a county designated as part of the program area is subject to inspection. A person's county of residence is determined by the address provided on the registration certificate. A motor vehicle owner who intentionally provides an incorrect address at the time of registration with the intention of avoiding the inspection requirements of this chapter is guilty of a misdemeanor of the first degree, punishable as provided in ss. 775.082 and 775.083.

(3)  The department may provide a temporary exemption, not to exceed 1 year, for any vehicle unavailable for inspection due to the motor vehicle's absence from the program area or because it is inoperative, or the owner's or lessee's absence from the program area or incapacity, during the 180-day period immediately prior to the registration expiration date. The owner or lessee of the motor vehicle may request a letter of temporary exemption on a form to be provided by the department. The owner or lessee shall identify the motor vehicle involved, provide the reason for requesting the letter of temporary exemption, certify that the vehicle will not be available for emissions inspection during the 180-day period immediately prior to the registration expiration date, and state the date upon which the motor vehicle will again be operated within the program area. Upon approval by the department, a letter of temporary exemption must be issued to the motor vehicle owner or lessee, and the motor vehicle registration may be renewed. As a condition of temporary exemption, the motor vehicle must be inspected within 30 days after the date upon which it becomes operational within a program area.

(4)  The following motor vehicles are not subject to inspection:

(a)  Motor vehicles that have a registered vehicle weight greater than 10,000 pounds.

(b)  Motor vehicles which are designated as model years 1974 or older.

(c)  Golf carts, as defined in s. 320.01.

(d)  Farm vehicles, as defined in s. 320.51.

(e)  Motor vehicles on which are displayed a dealer license plate authorized in s. 320.13(1)(a).

(f)  Motorcycles, as defined in s. 320.01.

(g)  Mopeds, as defined in s. 320.01.

(h)  Propane-powered vehicles.

(i)  Natural-gas-powered vehicles.

(j)  Any vehicle which is exempted by rule of the Department of Highway Safety and Motor Vehicles upon determination by the Department of Environmental Protection that the vehicle does not significantly contribute to air pollution.

(k)  New motor vehicles, as defined in s. 319.001(4). Such vehicles are exempt from the inspection requirements of this act at the time of the first registration by the original owner and, thereafter, are subject to the inspection requirements of this act. Beginning May 1, 2000, such vehicles are exempt from those inspection requirements for a period of 2 years from the date of purchase.

(l)  New motor vehicles as defined in s. 319.001(4) which are utilized as short-term rental vehicles and licensed under s. 320.08(6)(a). Such vehicles are exempt from the inspection requirements of this act at the time of the first registration. Said vehicles are also exempt from the inspection requirements of this act at the time of the first registration renewal by the original owner, provided this renewal occurs prior to the expiration of 12 months from the date of first registration of the motor vehicle. Beginning May 1, 2000, such vehicles are exempt from those inspection requirements for a period of 2 years from the date of purchase.

(m)  Recreational vehicles as defined in s. 320.08(9).

(n)  Electric vehicles.

(5)  Unless exempt pursuant to subsection (3) or subsection (4), each motor vehicle that is owned or leased by federal, state, or local government and is primarily kept in a program area is subject to inspection. Before February 1 of each year, each federal, state, or local government agency that owns or leases motor vehicles that are subject to inspection must submit to the department in the prescribed format a list of all motor vehicles that are subject to inspection. The list must indicate that each vehicle has passed inspection or received a waiver or exemption.

(6)  Each motor vehicle that is subject to inspection may not be registered pursuant to chapter 320 unless the motor vehicle has a valid inspection certificate, waiver, or exemption.

(7)  The owner of each motor vehicle must obtain an inspection certificate within 180 days before the expiration of the motor vehicle registration period. Upon the receipt of an inspection certificate, waiver, or exemption and payment of the appropriate inspection fees, the vehicle owner may complete registration of the motor vehicle as prescribed in chapter 320.

(8)  A motor vehicle dealer, motor vehicle broker as defined in s. 320.27, mobile home dealer as defined in s. 320.77, recreational vehicle dealer as defined in s. 320.771, governmental agency subject to subsection (5), or person located in a program area may not sell at retail any motor vehicle that is subject to inspection under this act and that is to be registered in a program area unless the motor vehicle has received a valid inspection certificate within 180 days before sale or received a valid dealer certificate within 12 months before sale. If a motor vehicle is purchased outside the program area and is required to be registered in the program area, the purchaser must meet the inspection requirements of this act before such registration.

History.--s. 3, ch. 88-129; s. 2, ch. 89-212; s. 10, ch. 90-290; s. 1, ch. 91-299; s. 2, ch. 92-39; s. 2, ch. 92-323; s. 1, ch. 94-286; s. 143, ch. 94-356; s. 1, ch. 95-284; ss. 28, 46, ch. 95-333.

325.204  Program area designation by county.--By a majority vote of its governing body, each county not in the program area may become part of the program area by requesting the department to provide for the inspection program in such county. Each county which becomes part of the program area pursuant to this section shall remain part of the program area for at least 5 years. If requested by the governing board of any county considering inclusion in the program area, the department shall provide such county information describing a proposed program structure and operation for such county. Inspection programs in counties which are included in the program area pursuant to this section shall be implemented in accordance with all provisions of this act.

History.--s. 4, ch. 88-129.

325.206  Exhaust emissions inspection criteria; rules.--

(1)  The Department of Environmental Protection shall adopt rules to establish, periodically evaluate, and revise the uniform standards and criteria for the inspection of exhaust emissions, including maximum allowable emissions levels and emission capacity standards to be used in motor vehicle inspection stations. Such standards and criteria shall include, but are not limited to, exhaust emissions testing and inspection procedures and the development of inspection pass or fail criteria. Standards may vary by size, class, type, and year of each motor vehicle engine and may not be more stringent than those required by federal law at the time of the manufacture of the motor vehicle. In establishing standards and criteria, the Department of Environmental Protection shall give consideration to levels of emissions reduction that are necessary to achieve applicable federal and state air quality standards.

(2)  The Department of Environmental Protection shall adopt rules establishing the test procedures and test equipment to be used for the emissions inspection. Test procedures shall be capable of being conducted by the motor vehicle repair industry for purposes of pass or fail criteria of the emissions inspection. Test equipment used in the emissions inspection or comparable equipment shall be available to the motor vehicle repair industry in the open market.

(3)  The Department of Highway Safety and Motor Vehicles shall enforce and administer the rules, standards, and criteria provided for in this section.

History.--s. 6, ch. 88-129; s. 7, ch. 89-212; s. 144, ch. 94-356.

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.

325.2075  Administrative remedies for motorist inconvenience.--

(1)  The reduction of vehicle exhaust emissions and the convenience of the emissions inspection program to the public are paramount goals of this act. To ensure that motorist convenience is a primary component of the inspection program, the department, if it determines that the waiting times at the inspection stations exceed the provisions of the contract, resulting in motorist inconvenience, may order the contractor to change its operating procedures, increase number of inspection personnel on duty, increase the operating hours of the inspection station, or make any other necessary changes to reduce waiting times. Such changes may include, but not be limited to:

(a)  The establishment and operation of additional test lanes as the department determines are necessary to reduce waiting times;

(b)  The establishment and operation of additional inspection stations, upon determination by the department that other efforts to reduce waiting times have been exhausted.

(2)  As used in this section, the terms, "motorist inconvenience" and "waiting time" shall have the same meaning as in the contract document for each contract zone. The department shall exercise its discretion under this section in a reasonable manner.

History.--s. 2, ch. 91-299.

325.208  Protests of contract awards and requests for proposals.--

(1)  The provisions of s. 120.57(3) shall control all protests of requests for proposals and contract awards, except that any person who wishes to file an action protesting the specifications or requirements of the request for proposals may do so within 10 days after publication of the request for proposals and may not file any other protest with respect to requests for proposals, and any subsequent protest action shall be filed in response to the contract award only and in accordance with the provisions of chapter 120.

(2)  Any person who files an action protesting a contract awarded under this act shall post with the department, at the time of filing the formal written protest, a bond payable to the department in the amount of $500,000. The bond shall be conditioned upon the payment of all costs which may be adjudged against him or her in the administrative hearing in which the action is brought and any subsequent appellate court proceeding. If, after completion of the administrative hearing and any subsequent appellate court proceedings, the department prevails, it shall recover all costs and charges included in the final order of judgment. Such costs and charges include the cost to the state of any delays caused by the award protest and are not limited to the amount of the bond. Upon payment of such costs and charges by the person protesting the award, the bond shall be returned to that person. If the person protesting the contract award prevails, that person may recover from the department all costs and charges incurred, excluding attorney's fees.

History.--s. 8, ch. 88-129; s. 36, ch. 90-302; s. 445, ch. 95-148; s. 68, ch. 96-410.

325.209  Waivers.--

(1)  If the cost of repairs or adjustments necessary to bring a motor vehicle into compliance with the emissions standards established under this act exceeds the required minimum amount specified in paragraph (2)(c), the department may issue a waiver, valid for no longer than 1 year, which exempts such motor vehicle, except those vehicles subject to the requirements of s. 325.203(8), from the inspection requirements of this act.

(2)  Before a waiver may be issued, the following criteria must be met:

(a)  The motor vehicle owner must present evidence satisfactory to the department that a low emissions adjustment, as defined by rule of the Department of Environmental Protection, has been performed;

(b)  The motor vehicle must not have been tampered with by either the current owner or any previous owner;

(c)  The owner must have spent the required minimum amount for emissions-related repairs on the vehicle within the ¹90-day period prescribed in s. 325.203(1), not including the amount spent to repair or replace air pollution control equipment that has been tampered with. Emissions-related repairs performed within 30 days prior to inspection may also be considered under this provision. For any vehicle the registration period for which is established under s. 320.055(4) or (5), the required minimum amount for emissions-related repairs must be spent by the owner within 90 days before the expiration of the registration period. The required minimum amount that must have been spent on related repairs is:

1.  For motor vehicles designated as model years 1975 through 1979: $100; and

2.  For motor vehicles designated as model year 1980 and thereafter: $200;

(d)  Repairs and adjustments provided for in paragraphs (a) and (c) must have caused substantial improvement in the emissions performance of the motor vehicle; and

(e)  The motor vehicle must not be covered under any manufacturer's or federally mandated emissions warranty.

(3)  A motor vehicle owner may repair or adjust his or her own motor vehicle. However, the department shall consider whether such repairs or adjustments have significantly improved the emissions performance of the vehicle in determining eligibility for a waiver and shall consider only the cost for parts.

(4)  The department may, by rule, establish standards for and grant 1-year hardship exemptions to motor vehicle owners who fail to satisfy the standards for waivers, if there is a clear indication that the cost of required repairs would place a substantial financial burden on the owner of the motor vehicle. Such an exemption may not be granted to a motor vehicle owner who has himself or herself tampered with the motor vehicle. A motor vehicle that has been tampered with and has had only one registered owner is prima facie evidence that the currently registered owner tampered with the motor vehicle.

(5)  The department may, by rule, and upon sufficient showing, grant a permanent exemption to a motor vehicle that cannot be brought into compliance with emissions standards because emissions control parts are no longer manufactured.

(6)  The department may deny any request for a waiver which does not meet the requirements of this section. Such denial must be in writing and must be made within 30 days after the department receives the request for a waiver. A motor vehicle owner may appeal, pursuant to chapter 120, any request for a waiver that has been denied.

History.--s. 9, ch. 88-129; s. 4, ch. 89-212; s. 4, ch. 91-299; s. 4, ch. 92-39; s. 3, ch. 92-323; s. 146, ch. 94-356; s. 948, ch. 95-148.

¹Note.--Section 46, ch. 95-333, amended s. 325.203(1) to provide for a 180-day period in lieu of the 90-day period.

325.210  Preinspection repairs; postinspection repair shop responsibilities; exception.--If, after any motor vehicle repair shop advertises or represents to its customers that repairs will be made enabling the vehicle to pass the state-certified emissions inspection and the shop makes any repairs it determines to be necessary to enable the motor vehicle to pass such inspection, and the motor vehicle fails to pass the inspection, and if the owner returns the motor vehicle to such repair shop within 2 weeks after such inspection for any additional repairs necessary to enable the motor vehicle to pass such inspection, the repair shop shall make such additional repairs and shall charge the motor vehicle owner for only the generally accepted retail cost of parts for the additional repairs necessary to enable the motor vehicle to pass such emissions inspection. Additionally, any motor vehicle repair shop that tests any motor vehicle within 90 days prior to the expiration of the motor vehicle registration period shall disclose, prior to undertaking repairs, the statutory limits on emissions-related repair costs established in s. 325.209, and shall disclose that the cost of any repairs done more than 30 days prior to the state-certified emissions inspection will not qualify to satisfy these limits. Such disclosure shall be provided to the consumer on at least one document or form that is signed by the consumer prior to undertaking repairs and shall also be prominently posted in a public area at the repair shop's place of business. Such disclosure shall contain the following language: "LIMITS ON EMISSIONS REPAIRS: Waivers from additional repair costs in excess of $100 for model years 1975-1979, and $200 for model years 1980 and thereafter, may be available from the Department of Highway Safety and Motor Vehicles for repairs done after failing the state-certified emissions inspection or within 30 days prior to such inspection." Any repair shop which charges the owner more than the generally accepted retail cost for parts necessary for such additional repairs, or that does not make the required disclosure, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not apply if the owner of the vehicle takes the vehicle to another repair shop for such additional repairs.

History.--s. 3, ch. 92-39.

325.211  Defective vehicles; repair procedures; reinspection requirement.--

(1)  When a motor vehicle fails to pass an inspection, the inspection station shall issue an inspection report which details the reasons for rejection and, when known, a written description of repairs or adjustments likely to bring the motor vehicle into compliance.

(2)  Repairs or adjustments necessary to bring a motor vehicle into compliance are the responsibility of the motor vehicle owner.

(3)  When a motor vehicle repair shop performs the repairs or adjustments of a motor vehicle necessary to correct the defect listed in the inspection report, such repair shop shall furnish to the motor vehicle owner a statement on the inspection report identifying the completed repairs or adjustments and the charges that were assessed. Failure of the motor vehicle repair shop to perform the repairs or adjustments for which charges were assessed is a deceptive and unfair trade practice under part II of chapter 501.

(4)  Any inspection station may reinspect a motor vehicle which fails to pass an inspection.

History.--s. 10, ch. 88-129; s. 4, ch. 92-323.

325.212  Reinspections; reinspection facilities; rules; minority business participation.--

(1)  All inspection stations shall be authorized to reinspect any motor vehicle which fails to pass an inspection required by this act. However, no fee shall be charged for such reinspection.

(2)  Any motor vehicle repair shop, as defined in ¹s. 559.903(7), may apply to the department, on a form approved by the department, to be licensed as a reinspection facility to reinspect motor vehicles which fail to pass inspections required by this act.

(3)  Reinspection facilities licensed pursuant to this section may reinspect motor vehicles which fail to pass inspections required by this act. Upon reinspection of a motor vehicle and a determination that such motor vehicle passes the inspection required by this act, the reinspection facility shall certify such passage on a reinspection certificate and shall furnish such certificate to the motor vehicle owner. The reinspection certificate shall be in the same form and content as the original inspection certificate.

(4)  The Department of Environmental Protection shall adopt, by rule, standards for certification of equipment used for reinspections, shall obtain and approve the most advanced technology available on the open market, and shall periodically update and evaluate currently certified equipment.

(5)  To ensure uniform and consistent repairs and reinspections by qualified mechanics, reinspection facilities shall only utilize equipment which has been certified by the Department of Environmental Protection.

(6)  The department shall compile and maintain records necessary to evaluate the quality of all repairs and reinspections performed by reinspection facilities licensed pursuant to this section, shall establish requirements for reinspection facilities licensed to conduct reinspections, and shall monitor their performance.

(7)  Record and data collection systems for the reinspection facilities must provide the same capability of being directly integrated into the original or first inspection data collection system. To assure a minimum of expense to the department and a minimum level of monitoring of the reinspection facilities, the department may contract for the data collection, exhaust analyzers, and supervisory assistance necessary to integrate the reinspection data management network into the original inspection data management network. It is the intent of the Legislature that reinspection facilities be supervised, monitored, and audited in the most efficient and effective manner possible.

(8)  The licensing requirements for reinspection facilities, including application fees and any other prescribed fees, shall be at least equal to the licensing requirements established for self-inspectors in this act, except that the surety bond required shall be $25,000 for motor vehicle repair shops licensed as reinspection facilities.

(9)  Reinspection facilities licensed by the department are expressly prohibited from issuing waivers and from assessing a reinspection fee. A licensed reinspection facility is not required to reinspect any motor vehicle on which the facility has not performed repairs.

(10)  To the extent possible, no less than 10 percent of the reinspection facilities licensed by the department shall be owned and controlled by small business concerns defined as minority business enterprises in s. 288.703(2).

History.--s. 11, ch. 88-129; s. 5, ch. 92-323; s. 147, ch. 94-356.

¹Note.--Substituted by the editors for a reference to s. 559.903(2) to conform to the redesignation of subunits by s. 3, ch. 93-219.

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.

325.2135  Motor vehicle emissions inspection program; development of specifications; fees; reporting.--

(1)  The Department of Highway Safety and Motor Vehicles shall hire an independent expert consultant to develop appropriate request-for-proposal specifications and a range of inspection fees for the motor vehicle emissions inspection program based on an annual and a biennial inspection program for vehicles 4 model years old and older, using the basic test for hydrocarbon emissions and carbon monoxide emissions and other mobile source testing for nitrous oxides or other pollutants, and no later than January 1, 1999, to report to the President of the Senate and the Speaker of the House of Representatives setting forth the relevant facts and the department's recommendations. Notwithstanding the provisions of chapter 325, the department and the Governor and Cabinet, acting as head of that agency, are prohibited from entering into any contract or extension of a contract for any form of motor vehicles emissions testing without legislative approval through the enactment of specific legislation directing the department to implement an inspection program and establishing a fee for the program.

(2)  If no specific legislation is passed during the 1999 legislative session to direct the department to implement a motor vehicle inspection program, the department may issue a request for proposal and enter one or more contracts for a biennial inspection program for vehicles 5 model years and older using the basic test for hydrocarbon emissions and carbon monoxide emissions. The requirements for the program included in the proposals must be based on the requirements under chapter 325 unless those requirements conflict with this section. No contract entered into under this subsection may be for longer than 2 years. Notwithstanding the provisions of s. 325.214, if the fee for motor vehicle inspection proposed by the Department of Highway Safety and Motor Vehicles will exceed $10 per inspection, the department may impose the higher fee if such fee is approved through the budget amendment process set forth in chapter 216 and notice is provided to the chairmen of the Senate and House Transportation and Natural Resources Committees at the time it is provided to the Senate Ways and Means and House Appropriations Committees.

History.--s. 1, ch. 98-254.

325.214  Motor vehicle inspection; fees; disposition of fees.--

(1)  All moneys received by the department pursuant to this chapter, less the deductions required by s. 215.20, shall be deposited into the Highway Safety Operating Trust Fund.

(2)  The inspection fee shall be $10. Notwithstanding any other provision of law to the contrary, an additional fee of $1 shall be assessed upon the issuance of each dealer certificate, which fee shall be forwarded to the department for deposit into the Highway Safety Operating Trust Fund.

(3)  Each inspection station shall collect an inspection fee for every inspection; provided, however, the owner of a motor vehicle which fails inspection shall be entitled to one reinspection without charge.

(4)  Motor vehicles inspected after the expiration of the motor vehicle registration date shall be subject to an additional delinquency charge of $2, which shall be collected by the inspection station.

(5)  By the 15th of each month, each inspection station shall remit to the department for deposit into the Highway Safety Operating Trust Fund the regulatory amount of every inspection fee and the delinquency charges collected for the preceding month.

History.--s. 13, ch. 88-129; s. 117, ch. 91-112; s. 7, ch. 92-323; s. 76, ch. 93-120; s. 2, ch. 98-254.

325.215  Inspection not a warranty of mechanical condition.--The inspection of a motor vehicle and the issuance of an inspection certificate does not constitute a warranty of the mechanical condition of the motor vehicle. An inspector or inspection station which inspects a motor vehicle and issues an inspection certificate shall not be held liable for damages for any defect, failure, or improper functioning of any item of equipment on such motor vehicle.

History.--s. 14, ch. 88-129.

325.216  Violations; penalties.--

(1)  It is unlawful for any person to forge or alter an inspection certificate or to reproduce an inspection certificate unless authorized by the department. It is unlawful for any person to knowingly possess an unauthorized inspection certificate. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2)  It is unlawful for any person to present a motor vehicle for inspection that bears a registration plate not assigned to that motor vehicle with the intent of obtaining a passing inspection certificate. Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)  It is unlawful for any person to prepare, provide, offer, or tender any document required by law or rule for any waiver or exemption under this chapter if such document has been falsified or altered with the intent of obtaining a waiver or exemption. Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(4)  A motor vehicle owner who provides an incorrect vehicle weight at the time of registration with the intent of avoiding the inspection requirements of this chapter is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(5)  Any contractor, self-inspector, or reinspection facility or employee or agent thereof, or any state employee or agent thereof who accepts money or other valuable consideration in exchange for improperly issuing an inspection certificate is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6)  The owner of a motor vehicle or any person who offers or gives money or other valuable consideration to a contractor, a self-inspector, a reinspection facility, or a state employee or agent thereof in exchange for improperly issuing an inspection certificate is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 15, ch. 88-129; s. 8, ch. 92-323.

325.217  Cost-benefit analyses and other evaluations; reports to Legislature.--

(1)  The department shall, in conjunction with the Department of Environmental Protection, conduct ongoing cost-benefit analyses and other evaluations of the emissions inspection program, including quantifications of reductions in air pollution and recommendations to the Legislature for improving the emissions inspection program. Such recommendations shall also address the feasibility of offering motor vehicle owners the option of completing motor vehicle registration at the inspection stations using employees of the county tax collector or the department; notifying motor vehicle owners of recalls affecting their motor vehicle; assisting in the identification of stolen motor vehicles; and verifying insurance coverage, compliance with financial responsibility requirements, and odometer readings for purposes of motor vehicle registration.

(2)  The department shall deliver annual written reports to the Legislature on such analyses and evaluations, the first such report to be prior to the 1991 regular session of the Legislature.

(3)  The department, with the cooperation of the contractors in each program zone, shall provide to the Legislature no later than December 15, 1991, a report detailing the status and progress of the implementation and operation of the inspections program. The report shall summarize program area activity and shall include, but not be limited to:

(a)  Waiting times for motorists.

(b)  Complaints to the department or the contractor.

(c)  Equipment malfunctions and solutions.

(d)  Reinspection and self-inspection activity.

History.--s. 16, ch. 88-129; s. 3, ch. 91-299; s. 149, ch. 94-356.

325.218  Public education.--

(1)  The department, with the cooperation of the Department of Environmental Protection, shall implement a continuing public education program to begin 12 months before the commencement of the emissions inspection program. The department may contract for the implementation of such public education program. However, the department shall approve all public education activities and expenditures prior to implementation of such program by the contractor.

(2)  The driver handbook prepared and distributed by the department shall be modified to also include information regarding the emissions inspection program. The handbook shall explain the inspection program, the motor vehicle owner's responsibilities under the program, and common adjustments and repairs likely to be required for a motor vehicle to pass the emissions inspection.

History.--s. 17, ch. 88-129; s. 150, ch. 94-356.

325.219  Rules.--The Department of Highway Safety and Motor Vehicles shall adopt any rules necessary to implement the motor vehicle emissions inspection program.

History.--s. 21, ch. 88-129.

325.221  Motor vehicle air conditioners; legislative findings; intent.--The Legislature finds that:

(1)  The stratospheric ozone layer shields the earth's surface from dangerous solar ultraviolet radiation.

(2)  Manmade chemicals, including chlorofluorocarbons (CFCs) and halons, break ozone down, rendering it useless for screening deadly ultraviolet radiation and increasing the level of ultraviolet radiation striking the surface of the earth.

(3)  According to the United States Environmental Protection Agency, the destruction of the protective stratospheric ozone layer and the consequent increase in the level of ultraviolet radiation reaching the earth's surface could result in 150 million additional skin cancer cases over the next 80 years, and 18 million additional cataract cases before the year 2075, and could damage the human immune system, decrease yields of certain staple crops by 20 percent, and adversely affect the reproduction of vital marine phytoplankton, earth's primary source of lifegiving oxygen.

(4)  Twenty-five percent of the total amount of CFCs produced in this country every year is lost to the atmosphere because of poor maintenance, inappropriate servicing practices, and leaking motor vehicle air conditioners.

(5)  For all types of vehicles, leakage and repair service accounts for two-thirds of all CFC-12 emissions from motor vehicle air conditioners.

(6)  Florida should take appropriate steps toward reducing the emissions of CFCs and halons, promote the use of alternative chemicals where technologically feasible, advance the recovery and recycling of CFCs and halons wherever possible, eliminate the nonessential use of CFCs and halons, and encourage the development of substitutes which are more environmentally sound and which do not contribute to the depletion of the stratospheric ozone layer.

History.--s. 1, ch. 90-290; s. 3, ch. 91-201; s. 4, ch. 91-429.

325.222  Definitions.--As used in this act, the following terms have the following meanings:

(1)  "Motor vehicle air conditioner" means mechanical vapor compression refrigeration equipment used to cool the driver's or passenger compartment of any motor vehicle.

(2)  "Refrigerant" means any Class I or Class II substance for use in a motor vehicle air conditioner as provided for in the Clean Air Act Amendments of 1990 (42 U.S.C. s. 7671a).

(3)  "Approved refrigerant recycling equipment" means equipment that is certified by Underwriters Laboratories, Inc., or another independent standards testing organization approved by the United States Environmental Protection Agency, to meet standards developed by the United States Environmental Protection Agency as provided for in the Clean Air Act Amendments of 1990 (42 U.S.C. s. 7671h). Equipment purchased before the commencement of certification by Underwriters Laboratories, Inc., or another independent standards testing organization, shall be considered approved if it is determined by the United States Environmental Protection Agency to be substantially identical to equipment which has been certified to meet applicable standards.

(4)  "Proper procedures for recovering and recycling used refrigerants" means using approved refrigerant recycling equipment in conformity with standards of proper usage developed by the United States Environmental Protection Agency as provided for in the Clean Air Act Amendments of 1990 (42 U.S.C. s. 7671h).

(5)  "Motor vehicle" has the same meaning as defined in s. 403.415(3).

(6)  "Reclamation" means the process by which recovered refrigerant is purified to the Air Conditioning and Refrigeration Institute (ARI) Standard of Purity 700-88 by a refrigerant reprocessing or manufacturing facility.

History.--s. 2, ch. 90-290; s. 3, ch. 91-201; s. 4, ch. 91-429; s. 14, ch. 92-132; s. 37, ch. 95-143.

325.223  Training and certification requirements; sale of refrigerants; penalties.--

(1)  No establishment that installs or services motor vehicle air conditioners or that, in the course of doing collision repair or changing parts of or salvaging or dismantling motor vehicles, releases or may release refrigerants shall perform that activity without the use of approved refrigerant recycling equipment. Such establishments may not intentionally vent or dispose of refrigerants into the atmosphere. Each establishment shall have mechanics, trained in the proper operation and maintenance of refrigerant recycling equipment and in the proper procedures for recovering and recycling used refrigerants from motor vehicle air conditioners, performing or supervising these services at all times. Each establishment must maintain records relating to motor vehicle air conditioner service and to the purchase, recycling, and reclamation of motor vehicle air conditioner refrigerants.

(2)  The Department of Environmental Protection shall establish and administer a program to ensure the installation and proper use of refrigerant recycling equipment and to certify establishments and persons who are trained in the use of that equipment. All applicants for certification for the operation of approved refrigerant recycling equipment shall be required to obtain a compliance certificate from the department.

(3)  On and after June 1, 1992, a person may not sell or distribute, or offer for sale or distribution, any refrigerant unless the refrigerant meets the Air Conditioning and Refrigeration Institute (ARI) Standard of Purity 700-88. This subsection does not apply to the sale of any refrigerant attendant to the installation or servicing of a motor vehicle air conditioner by a certified establishment, if the establishment has recovered and recycled the refrigerant using proper procedures for recovering and recycling used refrigerants, nor does it apply to the sale of used refrigerants for reclamation only.

(4)  On and after November 15, 1992, a person may not sell or distribute any refrigerant, except refrigerants sold by a certified establishment attendant to the installation or servicing of a motor vehicle air conditioner or used refrigerant sold for reclamation only, unless the seller obtains documentation from the purchaser that the purchaser of the refrigerant:

(a)  Is a certified establishment under subsection (2); or

(b)  Is purchasing the refrigerant for resale to a certified establishment only.

(5)  A person who commits a violation of subsection (1), subsection (3), or subsection (4) is liable for a civil penalty of $100 per incident, not to exceed a total of $1,000 per day. The department shall enforce this section pursuant to the civil enforcement authority of chapter 403.

(6)  The requirements of subsection (1) shall not apply until June 1, 1992, to an establishment with two or fewer service bays or one service bay dedicated to automobile air conditioner repairs or with five or fewer employees on any one shift.

(7)  Each establishment subject to the requirements of subsection (1) shall certify to the department that the establishment has acquired and is properly using approved refrigerant recycling equipment in any service on a motor vehicle air conditioner involving a refrigerant for the air conditioner and that each person authorized by the establishment to perform that service is properly trained and certified. Each certification shall contain the name and address of the establishment and shall be signed by the owner or authorized representative. Certifications may be made by submitting the required information to the department on a standard form provided by the department or the manufacturer of approved refrigerant recycling equipment.

(8)  The department shall establish appropriate fees for the issuance and annual or biennial renewal of certificates of compliance. In setting these fees, the department shall take into consideration the cost to the department of administering and enforcing this section, provided such fees shall not exceed $50 per annum.

(9)  In addition to any judicial or administrative remedy authorized by law, the department may assess a noncompliance fee for failure to comply with the certification requirements of subsections (7) and (8), or the rules adopted pursuant thereto. For a first or second violation of the certification requirements, the fee may not be assessed until the alleged violator has failed to comply following notice of noncompliance and has been given a reasonable time to comply. However, for a third or any subsequent violation, a violator shall be assessed the fee without prior notification. After notice of a first or second violation and failure to achieve compliance, a fee of $100 shall be assessed. For a third or subsequent violation, a fee of $250 shall be assessed.

History.--s. 3, ch. 90-290; s. 3, ch. 91-201; s. 8, ch. 91-305; s. 4, ch. 91-429; s. 15, ch. 92-132; s. 151, ch. 94-356.