House Bill 1377e1

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                                   CS/HB 1377, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to motor vehicle emissions and

  3         safety inspections; amending s. 325.203, F.S.;

  4         providing for biennial emissions inspections;

  5         amending ss. 325.209 and 325.210, F.S.;

  6         conforming to the act; providing an effective

  7         date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 325.203, Florida Statutes, is

12  amended to read:

13         325.203  Motor vehicles subject to annual inspection;

14  exemptions.--

15         (1)  Each motor vehicle which is required to obtain an

16  inspection certificate shall obtain one or a waiver annually

17  within 180 days prior to the expiration of the motor vehicle

18  registration period, except that any vehicle the registration

19  period for which is established under s. 320.055(4) or (5) and

20  which is required to obtain an inspection certificate shall

21  obtain one or a waiver annually prior to the expiration of the

22  motor vehicle registration period.

23         (2)  The department shall establish and administer in

24  each program area a biennial emissions inspection program for

25  all motor vehicles subject to inspection, to commence on April

26  1, 1999.

27         (a)  To convert to a biennial emissions inspection

28  program, the department shall establish a staggered emissions

29  inspection schedule for each program area pursuant to the

30  following criteria:

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                                   CS/HB 1377, First Engrossed/ntc



  1         1.  The department shall seek to equalize the total

  2  number of vehicles inspected in a program area on an annual

  3  basis.

  4         2.  During the first 2 years of the biennial emissions

  5  inspection program, all motor vehicles subject to inspection

  6  must be inspected within 24 months.

  7         3.  During the first 2 years of the biennial emissions

  8  inspection program, the department may require that a motor

  9  vehicle be inspected within 12 months after its last emissions

10  inspection under the annual inspection program.

11         (b)  The department or the contractor shall provide

12  written notice to the owner of each motor vehicle subject to

13  inspection, which shall include, but need not be limited to,

14  the following information:

15         1.  An explanation of the biennial emissions inspection

16  program.

17         2.  The 180-day period during which the motor vehicle

18  must be inspected.

19         3.  The location of all inspection stations in the

20  program area.

21         4.  The cost of the emissions inspection.

22         5.  The availability of an exemption or waiver from the

23  department under certain limited circumstances.

24         (3)(2)  Unless exempt pursuant to subsection (4) (3) or

25  subsection (5) (4), each motor vehicle that which is owned or

26  leased by a person who resides in a county designated as part

27  of the program area or that which is primarily kept in a

28  county designated as part of the program area is subject to

29  inspection.  A person's county of residence is determined by

30  the address provided on the vehicle's registration

31  certificate.  A motor vehicle owner who intentionally provides


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                                   CS/HB 1377, First Engrossed/ntc



  1  an incorrect address at the time of registration with the

  2  intention of avoiding the inspection requirements of this

  3  chapter is guilty of a misdemeanor of the first degree,

  4  punishable as provided in ss. 775.082 and 775.083.

  5         (4)(3)  The department may provide a temporary

  6  exemption, not to exceed 1 year, for any vehicle unavailable

  7  for inspection due to the motor vehicle's absence from the

  8  program area or inoperative condition because it is

  9  inoperative, or due to the owner's or lessee's absence from

10  the program area or incapacity, during the 180-day period

11  immediately prior to the expiration of the applicable motor

12  vehicle registration period registration expiration date.  The

13  owner or lessee of the motor vehicle may request a letter of

14  temporary exemption on a form to be provided by the

15  department.  The owner or lessee shall identify the motor

16  vehicle involved, provide the reason for requesting the letter

17  of temporary exemption, certify that the vehicle will not be

18  available for emissions inspection during the 180-day period

19  immediately prior to the expiration of the appliable motor

20  vehicle registration period registration expiration date, and

21  state the date upon which the motor vehicle will again be

22  operated within the program area.  Upon approval by the

23  department, a letter of temporary exemption must be issued to

24  the motor vehicle owner or lessee, and the motor vehicle

25  registration may be renewed. As a condition of temporary

26  exemption, the motor vehicle must be inspected within 30 days

27  after the date upon which it becomes operational within a

28  program area.

29         (5)(4)  The following motor vehicles are not subject to

30  inspection:

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                                   CS/HB 1377, First Engrossed/ntc



  1         (a)  Motor vehicles that have a registered vehicle

  2  weight greater than 10,000 pounds.

  3         (b)  Motor vehicles which are designated as model years

  4  1974 or older, the most current model year, and the 3 model

  5  years directly preceeding the most current model year.

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

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

  8         (e)  Motor vehicles on which are displayed a dealer

  9  license plate authorized in s. 320.13(1)(a).

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

11         (g)  Mopeds, as defined in s. 320.01.

12         (h)  Propane-powered vehicles.

13         (i)  Natural-gas-powered vehicles.

14         (j)  Any vehicle which is exempted by rule of the

15  Department of Highway Safety and Motor Vehicles upon

16  determination by the Department of Environmental Protection

17  that the vehicle does not significantly contribute to air

18  pollution.

19         (k)  New motor vehicles, as defined in s. 319.001(4).

20  Such vehicles are exempt from the inspection requirements of

21  this act at the time of the first registration by the original

22  owner and, thereafter, are subject to the inspection

23  requirements of this act. Beginning May 1, 2000, such vehicles

24  are exempt from those inspection requirements for a period of

25  2 years from the date of purchase.

26         (l)  New motor vehicles as defined in s. 319.001(4)

27  which are utilized as short-term rental vehicles and licensed

28  under s. 320.08(6)(a). Such vehicles are exempt from the

29  inspection requirements of this act at the time of the first

30  registration. Said vehicles are also exempt from the

31  inspection requirements of this act at the time of the first


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                                   CS/HB 1377, First Engrossed/ntc



  1  registration renewal by the original owner, provided this

  2  renewal occurs prior to the expiration of 12 months from the

  3  date of first registration of the motor vehicle. Beginning May

  4  1, 2000, such vehicles are exempt from those inspection

  5  requirements for a period of 2 years from the date of

  6  purchase.

  7         (k)(m)  Recreational vehicles as defined in s.

  8  320.08(9).

  9         (l)(n)  Electric vehicles.

10         (6)(5)  Unless exempt pursuant to subsection (4) (3) or

11  subsection (5) (4), each motor vehicle that is owned or leased

12  by federal, state, or local government and is primarily kept

13  in a program area is subject to inspection. Before February 1

14  of each year, each federal, state, or local government agency

15  that owns or leases motor vehicles that are subject to

16  inspection must submit to the department in the prescribed

17  format a list of all motor vehicles that are subject to

18  inspection in that year.  The list must indicate that each

19  vehicle has passed inspection or received a waiver or

20  exemption.

21         (7)(6)  Each motor vehicle that is subject to

22  inspection may not be registered pursuant to chapter 320

23  unless the motor vehicle has a valid inspection certificate,

24  waiver, or exemption.

25         (8)(7)  The owner of each motor vehicle must obtain an

26  inspection certificate within 180 days before the expiration

27  of the motor vehicle registration period.  Upon the receipt of

28  an inspection certificate, waiver, or exemption and payment of

29  the appropriate inspection fees, the vehicle owner may

30  complete registration of the motor vehicle as prescribed in

31  chapter 320.


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                                   CS/HB 1377, First Engrossed/ntc



  1         (9)(8)  A motor vehicle dealer, motor vehicle broker as

  2  defined in s. 320.27, mobile home dealer as defined in s.

  3  320.77, recreational vehicle dealer as defined in s. 320.771,

  4  governmental agency subject to subsection (5), or person

  5  located in a program area may not sell at retail any motor

  6  vehicle that is subject to inspection under this act and that

  7  is to be registered in a program area unless the motor vehicle

  8  has received a valid inspection certificate within 180 days

  9  before sale or received a valid dealer certificate within 12

10  months before sale. If a motor vehicle is purchased outside

11  the program area and is required to be registered in the

12  program area, the purchaser must obtain an inspection

13  certificate, waiver, or exemption meet the inspection

14  requirements of this act before such registration.

15         Section 2.  Paragraph (c) of subsection (2) of section

16  325.209, Florida Statutes, is amended to read:

17         325.209  Waivers.--

18         (2)  Before a waiver may be issued, the following

19  criteria must be met:

20         (c)  The owner must have spent the required minimum

21  amount for emissions-related repairs on the vehicle within the

22  180-day 90-day period prescribed in s. 325.203(1) or (2), not

23  including the amount spent to repair or replace air pollution

24  control equipment that has been tampered with.

25  Emissions-related repairs performed within 30 days prior to

26  inspection may also be considered under this provision. For

27  any vehicle the registration period for which is established

28  under s. 320.055(4) or (5), the required minimum amount for

29  emissions-related repairs must be spent by the owner within 90

30  days before the expiration of the registration period. The

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                                   CS/HB 1377, First Engrossed/ntc



  1  required minimum amount that must have been spent on related

  2  repairs is:

  3         1.  For motor vehicles designated as model years 1975

  4  through 1979: $100; and

  5         2.  For motor vehicles designated as model year 1980

  6  and thereafter: $200;

  7         Section 3.  Section 325.210, Florida Statutes, is

  8  amended to read:

  9         325.210  Preinspection repairs; postinspection repair

10  shop responsibilities; exception.--If, after any motor vehicle

11  repair shop advertises or represents to its customers that

12  repairs will be made enabling the vehicle to pass the

13  state-certified emissions inspection and the shop makes any

14  repairs it determines to be necessary to enable the motor

15  vehicle to pass such inspection, and the motor vehicle fails

16  to pass the inspection, and if the owner returns the motor

17  vehicle to such repair shop within 2 weeks after such

18  inspection for any additional repairs necessary to enable the

19  motor vehicle to pass such inspection, the repair shop shall

20  make such additional repairs and shall charge the motor

21  vehicle owner for only the generally accepted retail cost of

22  parts for the additional repairs necessary to enable the motor

23  vehicle to pass such emissions inspection. Additionally, any

24  motor vehicle repair shop that tests any motor vehicle within

25  180 days 90 days prior to the expiration of the motor vehicle

26  registration period shall disclose, prior to undertaking

27  repairs, the statutory limits on emissions-related repair

28  costs established in s. 325.209, and shall disclose that the

29  cost of any repairs done more than 30 days prior to the

30  state-certified emissions inspection will not qualify to

31  satisfy these limits.  Such disclosure shall be provided to


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                                   CS/HB 1377, First Engrossed/ntc



  1  the consumer on at least one document or form that is signed

  2  by the consumer prior to undertaking repairs and shall also be

  3  prominently posted in a public area at the repair shop's place

  4  of business.  Such disclosure shall contain the following

  5  language:  "LIMITS ON EMISSIONS REPAIRS:  Waivers from

  6  additional repair costs in excess of $100 for model years

  7  1975-1979, and $200 for model years 1980 and thereafter, may

  8  be available from the Department of Highway Safety and Motor

  9  Vehicles for repairs done after failing the state-certified

10  emissions inspection or within 30 days prior to such

11  inspection."  Any repair shop which charges the owner more

12  than the generally accepted retail cost for parts necessary

13  for such additional repairs, or that does not make the

14  required disclosure, commits a misdemeanor of the first

15  degree, punishable as provided in s. 775.082 or s. 775.083.

16  This section does not apply if the owner of the vehicle takes

17  the vehicle to another repair shop for such additional

18  repairs.

19         Section 4.  This act shall take effect April 1, 1999.

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