CODING: Words stricken are deletions; words underlined are additions.House Bill 0195
Florida House of Representatives - 1997 HB 195
By Representative Eggelletion
1 A bill to be entitled
2 An act relating to motor vehicle emissions and
3 safety inspections; amending s. 325.202, F.S.;
4 defining the term "owner" for the purposes of
5 the Clean Outdoor Air Law; amending s. 325.203,
6 F.S.; providing for biennial emissions
7 inspections; amending s. 325.206, F.S.;
8 revising language with respect to standards and
9 criteria adopted by the Department of
10 Environmental Protection to achieve and
11 maintain applicable federal and state air
12 quality standards; amending s. 325.207, F.S.;
13 providing for the waiver of a performance bond
14 under certain circumstances; providing for
15 emissions testing for nitrogen oxides; amending
16 s. 325.209, F.S.; revising language with
17 respect to waivers; providing for adjustments;
18 amending s. 325.210, F.S.; clarifying
19 requirements for repair shops; amending s.
20 325.213, F.S.; deleting language with respect
21 to safety inspection contracting authority;
22 amending s. 325.214, F.S.; authorizing the
23 department to provide for an increased
24 inspection fee; amending s. 320.055, F.S., to
25 conform; repealing s. 325.205, F.S.; relating
26 to reporting requirements and rules with
27 respect to supplemental safety inspections;
28 providing an appropriation; providing an
29 effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsections (11), (12), (13), (14), and
2 (15) of section 325.202, Florida Statutes, are renumbered as
3 subsections (12), (13), (14), (15), and (16), respectively,
4 and a new subsection (11) is added to said section to read:
5 325.202 Definitions.--As used in this act, the term:
6 (11) "Owner" means the person in whose name or names a
7 motor vehicle is properly registered pursuant to chapter 320.
8 Section 2. Section 325.203, Florida Statutes, is
9 amended to read:
10 325.203 Motor vehicles subject to annual inspection;
11 exemptions.--
12 (1) The owner of each motor vehicle subject to
13 inspection shall obtain an inspection certificate, exemption,
14 or waiver annually within the 180-day period immediately
15 preceding the expiration date of each motor vehicle
16 registration period, except that any vehicle for which the
17 registration period is established in s. 320.055(4) or (5)
18 need only obtain an inspection certificate, waiver, or
19 exemption prior to the expiration of the motor vehicle
20 registration period. Upon receipt of an inspection
21 certificate, waiver, or exemption and payment of the
22 appropriate inspection fees, the vehicle owner may complete
23 registration of the motor vehicle as prescribed in chapter
24 320. Each motor vehicle which is required to obtain an
25 inspection certificate shall obtain one or a waiver annually
26 within 180 days prior to the expiration of the motor vehicle
27 registration period, except that any vehicle the registration
28 period for which is established under s. 320.055(4) or (5) and
29 which is required to obtain an inspection certificate shall
30 obtain one or a waiver annually prior to the expiration of the
31 motor vehicle registration period.
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1 (2) The department shall establish and administer in
2 each program area a biennial emissions inspection program for
3 all motor vehicles subject to inspection, to commence on
4 December 1, 1999, or as soon thereafter as an upgraded
5 emissions inspection program pursuant to s. 325.207(14) is
6 operational in the program area.
7 (a) To convert to a biennial emissions inspection
8 program, the department shall establish a staggered emissions
9 inspection schedule for each program area pursuant to the
10 following criteria:
11 1. The department shall seek to equalize the total
12 number of vehicles inspected in a program area on an annual
13 basis.
14 2. During the first 2 years of the biennial emissions
15 inspection program, all motor vehicles subject to inspection
16 must be inspected within 24 months after commencement of an
17 upgraded emissions inspection program.
18 3. During the first 2 years of the biennial emissions
19 inspection program, the department may require that a motor
20 vehicle be inspected within 12 months after its last emissions
21 inspection under the annual inspection program.
22 4. Each motor vehicle subject to inspection must be
23 scheduled for inspection within the 180-day period immediately
24 preceding the expiration date of the applicable motor vehicle
25 registration period, except that any vehicle subject to
26 inspection for which the registration period is established in
27 s. 320.055(4) or (5) need only be scheduled for inspection
28 prior to the expiration of the motor vehicle registration
29 period.
30 (b) Upon receipt of an inspection certificate, waiver,
31 or exemption and payment of the appropriate inspection fees,
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1 the vehicle owner may complete registration of the motor
2 vehicle as prescribed in chapter 320.
3 (c) The department or the contractor shall provide
4 written notice to the owner of each motor vehicle subject to
5 inspection, which shall include, but need not be limited to,
6 the following information:
7 1. An explanation of the biennial emissions inspection
8 program.
9 2. The 180-day period during which the motor vehicle
10 must be inspected.
11 3. The location of all inspection stations in the
12 program area.
13 4. The cost of the emissions inspection.
14 5. The availability of an exemption or waiver from the
15 department under certain limited circumstances.
16 (3)(2) Unless exempt pursuant to subsection (4) (3) or
17 subsection (5) (4), each motor vehicle that which is owned or
18 leased by a person who resides in a county designated as part
19 of the program area or that which is primarily kept in a
20 county designated as part of the program area is subject to
21 inspection. A person's county of residence is determined by
22 the address provided on the vehicle's registration
23 certificate. A motor vehicle owner who intentionally provides
24 an incorrect address at the time of registration with the
25 intention of avoiding the inspection requirements of this
26 chapter is guilty of a misdemeanor of the first degree,
27 punishable as provided in ss. 775.082 and 775.083.
28 (4)(3) The department may provide a temporary
29 exemption, not to exceed 1 year, for any vehicle unavailable
30 for inspection due to the motor vehicle's absence from the
31 program area or inoperative condition because it is
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1 inoperative, or due to the owner's or lessee's absence from
2 the program area or incapacity, during the 180-day period
3 immediately prior to the expiration of the applicable motor
4 vehicle registration period registration expiration date. The
5 owner or lessee of the motor vehicle may request a letter of
6 temporary exemption on a form to be provided by the
7 department. The owner or lessee shall identify the motor
8 vehicle involved, provide the reason for requesting the letter
9 of temporary exemption, certify that the vehicle will not be
10 available for emissions inspection during the 180-day period
11 immediately prior to the expiration of the appliable motor
12 vehicle registration period registration expiration date, and
13 state the date upon which the motor vehicle will again be
14 operated within the program area. Upon approval by the
15 department, a letter of temporary exemption must be issued to
16 the motor vehicle owner or lessee, and the motor vehicle
17 registration may be renewed. As a condition of temporary
18 exemption, the motor vehicle must be inspected within 30 days
19 after the date upon which it becomes operational within a
20 program area.
21 (5)(4) The following motor vehicles are not subject to
22 inspection:
23 (a) Motor vehicles that have a registered vehicle
24 weight greater than 10,000 pounds.
25 (b) Motor vehicles which are designated as model years
26 1974 or older.
27 (c) Golf carts, as defined in s. 320.01.
28 (d) Farm vehicles, as defined in s. 320.51.
29 (e) Motor vehicles on which are displayed a dealer
30 license plate authorized in s. 320.13(1)(a).
31 (f) Motorcycles, as defined in s. 320.01.
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1 (g) Mopeds, as defined in s. 320.01.
2 (h) Propane-powered vehicles.
3 (i) Natural-gas-powered vehicles.
4 (j) Any vehicle which is exempted by rule of the
5 Department of Highway Safety and Motor Vehicles upon
6 determination by the Department of Environmental Protection
7 that the vehicle does not significantly contribute to air
8 pollution.
9 (k) New motor vehicles, as defined in s. 319.001(4).
10 Such vehicles are exempt from the inspection requirements of
11 this act at the time of the first registration by the original
12 owner and, thereafter, are subject to the inspection
13 requirements of this act. Beginning May 1, 2000, such vehicles
14 are exempt from those inspection requirements for a period of
15 2 years from the date of purchase.
16 (l) New motor vehicles as defined in s. 319.001(4)
17 which are utilized as short-term rental vehicles and licensed
18 under s. 320.08(6)(a). Such vehicles are exempt from the
19 inspection requirements of this act at the time of the first
20 registration. Said vehicles are also exempt from the
21 inspection requirements of this act at the time of the first
22 registration renewal by the original owner, provided this
23 renewal occurs prior to the expiration of 12 months from the
24 date of first registration of the motor vehicle. Beginning May
25 1, 2000, such vehicles are exempt from those inspection
26 requirements for a period of 2 years from the date of
27 purchase.
28 (m) Recreational vehicles as defined in s. 320.08(9).
29 (n) Electric vehicles.
30 (6)(5) Unless exempt pursuant to subsection (4) (3) or
31 subsection (5) (4), each motor vehicle that is owned or leased
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1 by federal, state, or local government and is primarily kept
2 in a program area is subject to inspection. Before February 1
3 of each year, each federal, state, or local government agency
4 that owns or leases motor vehicles that are subject to
5 inspection must submit to the department in the prescribed
6 format a list of all motor vehicles that are subject to
7 inspection in that year. The list must indicate that each
8 vehicle has passed inspection or received a waiver or
9 exemption.
10 (7)(6) Each motor vehicle that is subject to
11 inspection may not be registered pursuant to chapter 320
12 unless the motor vehicle has a valid inspection certificate,
13 waiver, or exemption.
14 (7) The owner of each motor vehicle must obtain an
15 inspection certificate within 180 days before the expiration
16 of the motor vehicle registration period. Upon the receipt of
17 an inspection certificate, waiver, or exemption and payment of
18 the appropriate inspection fees, the vehicle owner may
19 complete registration of the motor vehicle as prescribed in
20 chapter 320.
21 (8) A motor vehicle dealer, motor vehicle broker as
22 defined in s. 320.27, mobile home dealer as defined in s.
23 320.77, recreational vehicle dealer as defined in s. 320.771,
24 governmental agency subject to subsection (5), or person
25 located in a program area may not sell at retail any motor
26 vehicle that is subject to inspection under this act and that
27 is to be registered in a program area unless the motor vehicle
28 has received a valid inspection certificate within 180 days
29 before sale or received a valid dealer certificate within 12
30 months before sale. If a motor vehicle is purchased outside
31 the program area and is required to be registered in the
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1 program area, the purchaser must obtain an inspection
2 certificate, waiver, or exemption meet the inspection
3 requirements of this act before such registration.
4 Section 3. Subsection (1) of section 325.206, Florida
5 Statutes, is amended to read:
6 325.206 Exhaust emissions inspection criteria;
7 rules.--
8 (1) The Department of Environmental Protection shall
9 adopt rules to establish, periodically evaluate, and revise
10 the uniform standards and criteria for the inspection of
11 exhaust emissions, including maximum allowable emissions
12 levels and emission capacity standards to be used in motor
13 vehicle inspection stations. Such standards and criteria shall
14 include, but are not limited to, exhaust emissions testing and
15 inspection procedures and the development of inspection pass
16 or fail criteria. Standards may vary by size, class, type, and
17 year of each motor vehicle engine and may not be more
18 stringent than those required by federal law at the time of
19 the manufacture of the motor vehicle. In establishing
20 standards and criteria, the Department of Environmental
21 Protection shall give consideration to levels of emissions
22 reduction that are necessary to achieve and maintain
23 applicable federal and state air quality standards.
24 Section 4. Paragraph (l) of subsection (8) of section
25 325.207, Florida Statutes, 1996 Supplement, is amended,
26 subsection (14) is renumbered as subsection (15), and a new
27 subsection (14) is added to said section, to read:
28 325.207 Inspection stations; department contracts;
29 inspection requirements; recordkeeping.--
30 (8) Any contract authorized under this section shall
31 contain:
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1 (l) A provision requiring a performance bond of $1
2 million, which the department may, after the second year of
3 inspection operations under the contract, elect to waive
4 entirely, reduce in amount, or waive in exchange for other
5 appropriate security in a like or reduced amount.
6 (14) Because motor vehicle emissions of nitrogen
7 oxides are a significant contributor to air pollution, which
8 endangers the health, safety, and welfare of Florida's
9 citizens, the department is hereby directed to upgrade the
10 existing emissions inspection program to more effectively
11 control such emissions. This upgraded emissions inspection
12 program shall be operational in all program areas by December
13 1, 1999, or as soon thereafter as practicable. The department
14 shall promptly use the authority provided in subsection (15)
15 to amend the existing emissions testing contracts as necessary
16 to address operational changes needed in the program and shall
17 extend the existing contracts until December 1, 2006,
18 notwithstanding any procurement requirements imposed by this
19 act or chapter 287. The department may elect to extend the
20 renegotiated contracts for a single 2-year period.
21 Section 5. Subsection (2) of section 325.209, Florida
22 Statutes, is amended to read:
23 325.209 Waivers.--
24 (2) Before a waiver may be issued, the following
25 criteria must be met:
26 (a) The motor vehicle owner must present evidence
27 satisfactory to the department that a low emissions
28 adjustment, as defined by rule of the Department of
29 Environmental Protection, has been performed;
30 (b) The motor vehicle must not have been tampered with
31 by either the current owner or any previous owner;
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1 (c) The owner must have spent the required minimum
2 amount for emissions-related repairs on the vehicle within the
3 180-day 90-day period prescribed in s. 325.203(1) or (2), not
4 including the amount spent to repair or replace air pollution
5 control equipment that has been tampered with.
6 Emissions-related repairs performed within 30 days prior to
7 inspection may also be considered under this provision. For
8 any vehicle the registration period for which is established
9 under s. 320.055(4) or (5), the required minimum amount for
10 emissions-related repairs must be spent by the owner within
11 180 90 days before the expiration of the registration period.
12 The required minimum amount that must have been spent on
13 related repairs is:
14 1. For motor vehicles designated as model years 1975
15 through 1979: $100; and
16 2. For motor vehicles designated as model year 1980
17 and thereafter: $200;
18 (d) Beginning on July 1, 1997, the department shall
19 adjust the minimum repair sums set forth in paragraph (c) by
20 the percentage change in the average cost-of-living index
21 between the two immediately preceding calendar years. This
22 index is the average of the monthly consumer price index
23 figures for the two 12-month periods, relative to the United
24 States as a whole, issued by the United States Department of
25 Labor.
26 (e)(d) Repairs and adjustments provided for in
27 paragraphs (a) and (c) must have caused substantial
28 improvement in the emissions performance of the motor vehicle;
29 and
30 (f)(e) The motor vehicle must not be covered under any
31 manufacturer's or federally mandated emissions warranty.
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1 Section 6. Section 325.210, Florida Statutes, is
2 amended to read:
3 325.210 Preinspection repairs; postinspection repair
4 shop responsibilities; exception.--If, after any motor vehicle
5 repair shop advertises or represents to its customers that
6 repairs will be made enabling the vehicle to pass the
7 state-certified emissions inspection and the shop makes any
8 repairs it determines to be necessary to enable the motor
9 vehicle to pass such inspection, and the motor vehicle fails
10 to pass the inspection, and if the owner returns the motor
11 vehicle to such repair shop within 2 weeks after such
12 inspection for any additional repairs necessary to enable the
13 motor vehicle to pass such inspection, the repair shop shall
14 make such additional repairs and shall charge the motor
15 vehicle owner for only the generally accepted retail cost of
16 parts for the additional repairs necessary to enable the motor
17 vehicle to pass such emissions inspection. Additionally, any
18 motor vehicle repair shop that tests any motor vehicle within
19 180 90 days prior to the expiration of the motor vehicle
20 registration period shall disclose, prior to undertaking
21 repairs, the statutory limits on emissions-related repair
22 costs established in s. 325.209, and shall disclose that the
23 cost of any repairs done more than 30 days prior to the
24 state-certified emissions inspection will not qualify to
25 satisfy these limits. Such disclosure shall be in a form
26 prescribed by the department, shall be provided to the
27 consumer on at least one document or form that is signed by
28 the consumer prior to undertaking repairs, and shall also be
29 prominently posted in a public area at the repair shop's place
30 of business. Such disclosure shall contain the following
31 language: "LIMITS ON EMISSIONS REPAIRS: Waivers from
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1 additional repair costs in excess of $100 for model years
2 1975-1979, and $200 for model years 1980 and thereafter, may
3 be available from the Department of Highway Safety and Motor
4 Vehicles for repairs done after failing the state-certified
5 emissions inspection or within 30 days prior to such
6 inspection." Any repair shop which charges the owner more
7 than the generally accepted retail cost for parts necessary
8 for such additional repairs, or that does not make the
9 required disclosure, commits a misdemeanor of the first
10 degree, punishable as provided in s. 775.082 or s. 775.083.
11 This section does not apply if the owner of the vehicle takes
12 the vehicle to another repair shop for such additional
13 repairs.
14 Section 7. Subsection (8) of section 325.213, Florida
15 Statutes, is amended to read:
16 325.213 Self-inspectors.--
17 (8) The holder of a self-inspector license may not
18 inspect any motor vehicle or provide a certificate of
19 inspection to any motor vehicle for which the licensee is not
20 the registered owner or lessee, unless otherwise authorized by
21 the department. Any county as defined in s. 125.011(1), that
22 is licensed as a self-inspector by the department, may
23 contract for motor vehicle safety inspections and related
24 services directly with the contractor that has been granted
25 the exclusive right to inspect motor vehicles in that contract
26 zone.
27 Section 8. Subsection (2) of section 325.214, Florida
28 Statutes, is amended to read:
29 325.214 Motor vehicle inspection; fees; disposition of
30 fees.--
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1 (2) The department shall set an inspection fee not to
2 exceed $20 $10. By rule, the department shall set a regulatory
3 amount to be included in the fee which is commensurate with
4 the cost of administering and enforcing the inspection
5 program. It is the intent of the Legislature that the program
6 be self-supporting. Notwithstanding any other provision of law
7 to the contrary, an additional fee of $1 shall be assessed
8 upon the issuance of each dealer certificate, which fee shall
9 be forwarded to the department for deposit into the Highway
10 Safety Operating Trust Fund.
11 Section 9. Subsection (4) of section 320.055, Florida
12 Statutes, is amended to read:
13 320.055 Registration periods; renewal periods.--The
14 following registration periods and renewal periods are
15 established:
16 (4) For a vehicle subject to registration under s.
17 320.08(13), for vehicles subject to registration under s.
18 320.08(6)(a) that are short-term rental vehicles, as defined
19 in s. 325.202(16)(15), and for any vehicle for which a
20 registration period is not otherwise specified, the
21 registration period begins June 1 and ends May 31. For a
22 vehicle subject to this registration period, the renewal
23 period is the 30-day period beginning June 1.
24 Section 10. Section 325.205, Florida Statutes, is
25 hereby repealed.
26 Section 11. The sum of $55,500 is hereby appropriated
27 from the Air Pollution Control Trust Fund to the Department of
28 Environmental Protection to establish a position responsible
29 for overseeing the department's responsibilities for
30 implementation of the motor vehicle inspection program.
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1 Section 12. This act shall take effect upon becoming a
2 law.
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5 HOUSE SUMMARY
6
Revises the provisions of the Clean Outdoor Air Law to:
7 1. Provide for biennial emissions inspections.
2. Authorize the Department of Environmental
8 Protection to waive or reduce a performance bond for
inspection stations and to provide for the testing of
9 nitrogen oxide emissions.
3. Revise requirements with respect to waivers.
10 4. Clarify requirements with respect to repair
shops.
11 5. Eliminate safety inspection contracting
authority with respect to self-inspectors.
12 6. Authorize the department to charge a fee not to
exceed $20 for inspections.
13 7. Delete a provision with respect to reporting
requirements and rules concerning safety inspections.
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15 Appropriates $55,500 from the Air Pollution Control Trust
Fund to the Department of Environmental Protection to
16 establish a position responsible for overseeing the
department's responsibilities for implementation of the
17 motor vehicle inspection program.
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