The Florida Senate

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 and utility vehicles, 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; s. 6, ch. 99-163.