CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0374
Florida Senate - 1998 SB 374
By the Committee on Transportation
306-527A-98
1 A bill to be entitled
2 An act relating to motor vehicle emissions
3 inspections; amending s. 325.202, F.S.;
4 adopting current Federal Clean Air Act
5 regulations; amending s. 325.203, F.S.;
6 requiring the minimum testing necessary for
7 compliance with the Federal Clean Air Act;
8 providing options for types of emissions tests,
9 frequency of tests, and certain vehicles to be
10 exempted from testing; amending s. 325.207,
11 F.S.; allowing the Department of Highway Safety
12 and Motor Vehicles the alternative to contract
13 with one or more testing companies within a
14 zone; allowing the department the alternative
15 to contract with a testing company in more than
16 one zone; amending s. 325.214, F.S.; allowing
17 the department to include the sum of the cost
18 of inspection in the request for proposal;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Subsection (5) of section 375.202, Florida
24 Statutes, is amended to read:
25 325.202 Definitions.--As used in this act, the term:
26 (5) "Federal act" means the federal Clean Air Act, as
27 amended, and regulations issued by the United States
28 Environmental Protection Agency under that act as they exist
29 on October 1, 1997.
30 Section 2. Section 325.203, Florida Statutes, is
31 amended to read:
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1 325.203 Motor vehicles inspection program subject to
2 annual inspection; exemptions.--
3 (1) The Department of Highway Safety and Motor
4 Vehicles shall require the minimum motor vehicle inspection
5 program for testing emissions as necessary so that each county
6 will meet and maintain the National Air Quality Standards set
7 by the United States Environmental Protection Agency under the
8 Clean Air Act. Where an inspection program is required, the
9 program must:
10 (a) Be conducted biennially unless annual inspections
11 are necessary;
12 (b) Exempt as many vehicle models up to 6 years old as
13 possible and meet Environmental Protection Agency
14 requirements; and
15 (c) Use the basic test for hydrocarbon emissions and
16 carbon monoxide emissions or the Accelerated Simulation Mode
17 test only if a test for nitrous oxides is necessary to
18 maintain compliance.
19 (2)(1) Each motor vehicle that which is required to
20 obtain an inspection certificate must shall obtain one or a
21 waiver in the year the inspection is required annually within
22 180 days prior to the expiration of the motor vehicle
23 registration period, except that any vehicle the registration
24 period for which is established under s. 320.055(4) or (5) and
25 which is required to obtain an inspection certificate must
26 shall obtain one or a waiver in the year the inspection is
27 required annually prior to the expiration of the motor vehicle
28 registration period.
29 (3)(2) Unless exempt pursuant to subsection (4) (3) or
30 subsection (5) (4), each motor vehicle that which is owned or
31 leased by a person who resides in a county designated as part
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1 of the program area or that which is primarily kept in a
2 county designated as part of the program area is subject to
3 inspection. A person's county of residence is determined by
4 the address provided on the registration certificate. A motor
5 vehicle owner who intentionally provides an incorrect address
6 at the time of registration with the intention of avoiding the
7 inspection requirements of this chapter is guilty of a
8 misdemeanor of the first degree, punishable as provided in s.
9 ss. 775.082 or s. and 775.083.
10 (4)(3) The department may provide a temporary
11 exemption, not to exceed one test period as required in the
12 program area 1 year, for any vehicle unavailable for
13 inspection due to the motor vehicle's absence from the program
14 area or because it is inoperative, or the owner's or lessee's
15 absence from the program area or incapacity, during the
16 180-day period immediately prior to the registration
17 expiration date in the year inspection is required. The owner
18 or lessee of the motor vehicle may request a letter of
19 temporary exemption on a form to be provided by the
20 department. The owner or lessee shall identify the motor
21 vehicle involved, provide the reason for requesting the letter
22 of temporary exemption, certify that the vehicle will not be
23 available for emissions inspection during the 180-day period
24 immediately prior to the registration expiration date, and
25 state the date upon which the motor vehicle will again be
26 operated within the program area. Upon approval by the
27 department, a letter of temporary exemption must be issued to
28 the motor vehicle owner or lessee, and the motor vehicle
29 registration may be renewed. As a condition of temporary
30 exemption, the motor vehicle must be inspected within 30 days
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1 after the date upon which it becomes operational within a
2 program area.
3 (5)(4) The following motor vehicles are not subject to
4 inspection:
5 (a) Motor vehicles that have a registered vehicle
6 weight greater than 10,000 pounds.
7 (b) Motor vehicles that which are designated as model
8 years 1974 or older.
9 (c) Golf carts, as defined in s. 320.01.
10 (d) Farm vehicles, as defined in s. 320.51.
11 (e) Motor vehicles on which are displayed a dealer
12 license plate authorized in s. 320.13(1)(a).
13 (f) Motorcycles, as defined in s. 320.01.
14 (g) Mopeds, as defined in s. 320.01.
15 (h) Propane-powered vehicles.
16 (i) Natural-gas-powered vehicles.
17 (j) Any vehicle that which is exempted by rule of the
18 Department of Highway Safety and Motor Vehicles upon
19 determination by the Department of Environmental Protection
20 that the vehicle does not significantly contribute to air
21 pollution.
22 (k) New motor vehicles, as defined in s. 319.001(4).
23 Such vehicles are exempt from the inspection requirements of
24 this act at the time of the first registration by the original
25 owner and, thereafter, are subject to the inspection
26 requirements of this act. Beginning May 1, 2000, such vehicles
27 are exempt from those inspection requirements for a period of
28 2 years from the date of purchase.
29 (l) New motor vehicles as defined in s. 319.001(4)
30 which are utilized as short-term rental vehicles and licensed
31 under s. 320.08(6)(a). Such vehicles are exempt from the
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1 inspection requirements of this act at the time of the first
2 registration. Said vehicles are also exempt from the
3 inspection requirements of this act at the time of the first
4 registration renewal by the original owner, provided this
5 renewal occurs prior to the expiration of 12 months from the
6 date of first registration of the motor vehicle. Beginning May
7 1, 2000, such vehicles are exempt from those inspection
8 requirements for a period of 2 years from the date of
9 purchase.
10 (k)(m) Recreational vehicles as defined in s.
11 320.08(9).
12 (l)(n) Electric vehicles.
13 (6)(5) Unless exempt pursuant to subsection (4) (3) or
14 subsection (5) (4), each motor vehicle that is owned or leased
15 by federal, state, or local government and is primarily kept
16 in a program area is subject to inspection. Before February 1
17 of each year, each federal, state, or local government agency
18 that owns or leases motor vehicles that are subject to
19 inspection must submit to the department in the prescribed
20 format a list of all motor vehicles that are subject to
21 inspection. The list must indicate that each vehicle has
22 passed inspection or received a waiver or exemption.
23 (7)(6) Each motor vehicle that is subject to
24 inspection may not be registered pursuant to chapter 320
25 unless the motor vehicle has a valid inspection certificate,
26 waiver, or exemption.
27 (8)(7) The owner of each motor vehicle must obtain an
28 inspection certificate within 180 days before the expiration
29 of the motor vehicle registration period for any year in which
30 inspection is required. Upon the receipt of an inspection
31 certificate, waiver, or exemption and payment of the
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1 appropriate inspection fees, the vehicle owner may complete
2 registration of the motor vehicle as prescribed in chapter
3 320.
4 (9)(8) A motor vehicle dealer, motor vehicle broker as
5 defined in s. 320.27, mobile home dealer as defined in s.
6 320.77, recreational vehicle dealer as defined in s. 320.771,
7 governmental agency subject to subsection (6) (5), or person
8 located in a program area may not sell at retail any motor
9 vehicle that is subject to inspection under this act and that
10 is to be registered in a program area unless the motor vehicle
11 has received a valid inspection certificate within 180 days
12 before sale or received a valid dealer certificate within 12
13 months before sale. If a motor vehicle is purchased outside
14 the program area and is required to be registered in the
15 program area, the purchaser must meet the inspection
16 requirements of this act before such registration.
17 Section 3. Section 325.207, Florida Statutes, is
18 amended to read:
19 325.207 Inspection stations; department contracts;
20 inspection requirements; recordkeeping.--
21 (1) The department shall direct the implementation,
22 operation, and regulation of emissions inspections required
23 under this act. The department shall establish the
24 requirements for inspection stations, enter into negotiated
25 multiyear contracts with one or more private contractors for
26 the operation of inspection stations with a state option for
27 renewal, and supervise the performance of such contractors.
28 (2) The department must issue a request for proposals
29 during 1998 to obtain proposals on a range of options for the
30 minimum motor vehicle inspection program for testing emissions
31 as are necessary for each county to meet and maintain the
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1 National Air Quality Standards set by the United States
2 Environmental Protection Agency under the Clean Air Act. The
3 proposals for the testing program must be limited to:
4 (a) A test biennially or annually;
5 (b) A test exemption for vehicle models up to 6 years
6 old; and
7 (c) The basic test for hydrocarbon emissions and
8 carbon monoxide emissions or the Accelerated Simulation Mode
9 test for nitrous oxide emissions if necessary for a county to
10 maintain compliance.
11 (3)(2) The Governor and Cabinet as head of the
12 department shall approve any request for proposals by the
13 department before the request for proposals is made available
14 for bidding purposes. In addition, the Governor and Cabinet
15 must approve the award of any contract to any contractor.
16 (4)(3) The department shall incorporate, as a
17 provision of each contract, standards relating to maximum
18 driving time to inspection stations and maximum waiting time
19 at inspection stations and shall have the authority to impose
20 penalties for failure of the contractor to meet such
21 standards.
22 (5)(4) Such contracts are subject to competitive
23 procurement requirements and shall provide for the design,
24 construction, equipment, maintenance, and operation of
25 inspection stations in such numbers and locations as required
26 to provide motor vehicle owners with reasonably convenient
27 access to inspection facilities for the purpose of compliance
28 with this act.
29 (6)(5) To avoid conflicts of interest and ensure
30 impartial inspections, the department may not enter into a
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1 contract to conduct emissions inspections with any contractor
2 who:
3 (a) Engages in the business of manufacturing or
4 selling motor vehicles in this state;
5 (b) Offers to the general public, for profit, motor
6 vehicle maintenance or repair services in this state, except
7 that a contractor may maintain or repair motor vehicles owned
8 or leased by the contractor; or
9 (c) Lacks the capability, resources, or technical and
10 management skills to adequately construct, equip, operate, and
11 maintain a sufficient number of official emissions inspection
12 stations to meet the demand for the inspection of every motor
13 vehicle which is required to be inspected under the terms of
14 the contract.
15 (7)(6) By its selection process for contractors, the
16 department shall seek to obtain the highest quality service
17 for the lowest cost. Accordingly, the department shall give
18 balanced consideration during its selection process to the
19 following:
20 (a) The public convenience of the inspection stations,
21 including a calculation of lowest average driving time to an
22 inspection facility applicable to 90 percent of motor vehicles
23 within each contract zone;
24 (b) The inspection fee bid proposed by a contractor;
25 (c) The degree of technological content of the
26 proposal, including test-accuracy specifications, and quality
27 of testing services;
28 (d) The experience of the contractor, and the
29 probability of successful performance of the contract;
30 (e) The financial stability of the contractor; and
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1 (f) The economic impact of the contract to the state
2 during construction and operation of the inspection stations.
3 (8)(7) All persons employed by a contractor are deemed
4 to be employees of the contractor and not of the state. An
5 officer, director, or employee of a contractor may not be an
6 employee of the state.
7 (9)(8) Any contract authorized under this section
8 shall contain:
9 (a) A contract term of not less than 5 years of actual
10 test operations.
11 (b) A clause stating that nothing in the contract
12 requires the state to purchase any asset or assume any
13 liability if such contract is not renewed.
14 (c) Minimum requirements for adequate staff,
15 equipment, management, and operating hours which may include
16 evening or weekend hours or both.
17 (d) Provisions for surveillance by the department of
18 the contractor to ensure compliance with emissions test
19 standards and applicable procedures, rules, regulations, and
20 laws.
21 (e) Provision for the state, upon default of the
22 contractor, to terminate the contract with the contractor and
23 assume operation of the motor vehicle emissions inspection
24 station.
25 (f) Provision for the state, upon termination of the
26 term of the contract or upon assumption of the operation of
27 the program pursuant to paragraph (e), to have transferred or
28 assigned to it, for reasonable compensation, any interest in
29 land, buildings, improvements, services, and equipment used by
30 the contractor in the operation of an inspection station.
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1 (g) Provision for the state, upon termination of the
2 term of the contract or upon assumption of the operation of
3 the program, to have transferred and assigned to it, for
4 reasonable compensation, any contract rights and related
5 obligations for land, buildings, improvements, and equipment
6 used by the contractor in the operation of the inspection
7 station.
8 (h) A requirement that the contractor, in any
9 agreement executed by him or her for land, buildings,
10 improvements, and equipment used in the operation of the
11 inspection stations, reserve the right to assign to the state
12 any of his or her rights and obligations under such contract.
13 (i) A procedure for determining the damages payable by
14 the state to the contractor if the Legislature abolishes the
15 inspection program at any time prior to the conclusion of the
16 contract term. This procedure must specify that the
17 contractor and the department have 120 days from the effective
18 date of the termination of the program to negotiate an amount
19 to be paid to the contractor as reasonable compensation for
20 its loss resulting from the termination of the contract due to
21 the termination of the program. If the contractor and the
22 department are not able to agree to an amount by the end of
23 the 120-day period, the department shall determine the amount
24 of reasonable compensation and notify the contractor in
25 writing of its determination within 14 days of the end of the
26 negotiation period and shall offer the contractor a point of
27 entry to a proceeding under ss. 120.569 and 120.57 pursuant to
28 the department's rules of procedure. This provision must
29 specify that payment of such compensation to the contractor is
30 subject to appropriation of funds for this purpose by the
31 Legislature and that the department agrees in good faith to
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1 request the Legislature to appropriate the funds to pay such
2 reasonable compensation. The damages recoverable by the
3 contractor if the Legislature abolishes the program shall be
4 limited to the funds appropriated by the Legislature pursuant
5 to this section.
6 (j) Any other provision, including periodic audits of
7 inspection fees collected, deemed necessary by the department
8 for the administration or enforcement of the emissions
9 inspection contract.
10 (k) A provision requiring compliance with minority
11 business enterprise procurement goals set forth in s. 287.0945
12 in contracts for the construction of inspection stations and
13 for document printing costs and costs associated with the
14 maintenance, repair, reconstruction, renovation, and expansion
15 of inspection stations. Each contractor shall submit to the
16 department no later than March 1 of each year an affidavit
17 certifying compliance with the provisions of this paragraph.
18 (l) A provision requiring a performance bond of $1
19 million, which the department may, after the second year of
20 inspection operations under the contract, elect to waive
21 entirely, reduce in amount, or waive in exchange for another
22 appropriate means of security in a like or reduced amount.
23 (m) A provision requiring that the contractor
24 determine, for each county in the program area, the
25 availability of county facilities formerly used for the
26 inspection of motor vehicles and that the contractor explore
27 with appropriate county officials the feasibility of the
28 contractor's acquisition or lease of such facilities, if any,
29 for use as inspection stations.
30 (10)(9) Inspection stations shall collect, maintain,
31 and report data as the department requires. The department
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1 may enter and inspect the premises and equipment and audit the
2 records of inspection fees collected at each inspection
3 station at all reasonable times.
4 (11)(10) The department shall maintain records of each
5 inspection station and investigate bona fide complaints
6 regarding inspection stations.
7 (12)(11) Before accepting proposals, the department
8 shall divide the state into three or more contract zones as
9 necessary. The department shall contract with a private
10 contractors contractor for the exclusive right to conduct
11 vehicle inspections in each zone. However, Any contractor may
12 bid on more than one zone, and the department may contract
13 with one or more contractors a contractor to conduct vehicle
14 inspections in each more than one contract zone.
15 (13)(12) Information received in a sealed bid or
16 proposal that would indicate the locating of proposed
17 inspection sites, or property sought to be acquired for such
18 sites, is exempt from the provisions of s. 119.07(1), as
19 follows:
20 (a) For an unsuccessful bidder, from the time the bid
21 or proposal is received, until 30 days after notice of intent
22 to award a bid or proposal.
23 (b) For successful bidders, from the time the bid or
24 proposal is received, until completion of purchases or leases
25 of real property required to carry out the contract
26 provisions.
27 (14)(13)(a) The department and the Department of
28 Environmental Protection shall have reasonable access to all
29 records of the contractor pertaining to the contract or duties
30 imposed or undertaken pursuant to this chapter. Except as to
31 information provided for in subsection (13) (12), upon request
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1 of the contractor, any records received by the department or
2 the Department of Environmental Protection which are shown to
3 be proprietary confidential business information shall be kept
4 confidential and shall be exempt from s. 119.07(1).
5 (b) Proprietary confidential business information
6 includes, and is limited to:
7 1. Trade secrets as defined in s. 812.081.
8 2. Security measures, systems, or procedures.
9 (c) Proprietary confidential business information does
10 not include information received by the department or the
11 Department of Environmental Protection in carrying out the
12 duties of the department under subsection (7) (6), except such
13 information which, if disclosed, would reveal:
14 1. Specifications pertaining to process or design;
15 2. The identity of or information about a person or
16 entity not engaged or proposed to be engaged in providing
17 services in connection with the proposal or contract, and not
18 a party to, nor the subject of, the proposal or contract;
19 3. Specific financial assets of the contractor, or
20 contracts of the contractor other than the contract provided
21 for in this section.
22 (d) In any administrative proceeding brought under
23 this chapter, upon a showing by the contractor and a finding
24 by the hearing officer that such protection is necessary, the
25 hearing officer shall issue protective orders protecting the
26 contractor from discovery of proprietary confidential business
27 information. If the hearing officer determines that discovery
28 of proprietary confidential business information is necessary
29 to preserve justice or to protect the public interest,
30 however, the hearing officer shall enter an order limiting
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1 such discovery in the manner provided for in Rule 1.280 of the
2 Florida Rules of Civil Procedure.
3 (15)(14) Any contract entered into by the department
4 pursuant to this section may be amended by mutual consent of
5 the parties, by a writing executed with the same degree of
6 formality as the original contract.
7 Section 4. Subsection (2) of section 325.214, Florida
8 Statutes, is amended to read:
9 325.214 Motor vehicle inspection; fees; disposition of
10 fees.--
11 (1) All moneys received by the department pursuant to
12 this chapter, less the deductions required by s. 215.20, shall
13 be deposited into the Highway Safety Operating Trust Fund.
14 (2) The department shall set an inspection fee to
15 include the sum of the cost of the inspection in the request
16 for proposal and not to exceed $10. By rule, the department
17 shall set a regulatory amount to be included in the fee which
18 is commensurate with the cost of administering and enforcing
19 the inspection program. It is the intent of the Legislature
20 that the program be self-supporting; however, if the total
21 cost per inspection exceeds $ , the department may not
22 enter into any contract prior to specific legislative approval
23 of the cost. Notwithstanding any other provision of law to the
24 contrary, an additional fee of $1 shall be assessed upon the
25 issuance of each dealer certificate, which fee shall be
26 forwarded to the department for deposit into the Highway
27 Safety Operating Trust Fund.
28 Section 5. This act shall take effect upon becoming a
29 law.
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2 SENATE SUMMARY
3 Revises provisions related to motor vehicle emissions
testing. Readopts the standards of the federal Clean Air
4 Act for compliance standards purposes. Provides options
for certain test types and frequency and certain
5 exemptions. Establishes test standards. Provides that the
Department of Highway Safety and Motor Vehicles may
6 contract with more than one testing company within a
zone.
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Allows the department to include the cost of inspection
8 in the request for proposal and requires specific
legislative approval if the contract with the testing
9 company requires an inspection fee that exceeds a certain
amount.
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