Senate Bill 0374c1

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    Florida Senate - 1998                            CS for SB 374

    By the Committee on Transportation





    306-1630-98

  1                      A bill to be entitled

  2         An act relating to motor vehicle emissions

  3         inspections; directing the Department of

  4         Highway Safety to issue a request for proposals

  5         for specified motor vehicle inspection

  6         programs; prohibiting the department from

  7         entering into a contract for a motor vehicle

  8         inspection program; amending s. 325.214, F.S.;

  9         setting the fee for inspections; providing an

10         effective date.

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

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14         Section 1.  (1)  Notwithstanding the provisions under

15  chapter 325, Florida Statutes,  relating to the motor vehicle

16  emissions inspection program, the Department of Highway Safety

17  and Motor Vehicles must issue a Request for Proposals to

18  obtain bids on the two following inspection program options to

19  begin at the end of current contracts:

20         (a)  An annual inspection program for vehicles five

21  model years old and older using the basic test for hydrocarbon

22  emissions and carbon monoxide emissions.

23         (b)  A biennial inspection program for vehicles five

24  model years old and older using the basic test for hydrocarbon

25  emissions and carbon monoxide emissions.

26         (2)  The department must seek proposals on alternative

27  delivery programs that would meet the basic system criteria

28  while providing service in a cost-effective or more convenient

29  manner.

30         (3)  The requirements for the program included in the

31  proposals must be based on the requirements under chapter 325,

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    Florida Senate - 1998                            CS for SB 374
    306-1630-98




  1  Florida Statutes, unless those requirements conflict with this

  2  section, except that no fee cap shall be specified in the

  3  proposals.

  4         (4)  The department must seek proposals from all

  5  vendors of motor vehicle inspection services and must seek

  6  proposals from the county governments, for a county-operated

  7  program, in those counties where an inspection program is

  8  required. The department must require each proposal submitted

  9  to be in a sealed envelope with only the vendors name,

10  address, and phone number on the outside of the envelope. In

11  addition, each proposer must separately submit an information

12  sheet that does not identify the proposer but provides

13  information on items in the proposal identified by the

14  department as necessary to provide the Legislature with

15  proposed statutory changes necessary to implement the proposed

16  programs. However, information that would clearly identify the

17  proposer or proprietary information may not be required. The

18  department may not open the final proposals until any

19  legislation establishing a program has become law. Any

20  proposal without a matching information sheet will be

21  considered nonresponsive. Any proposal submitted will cease to

22  bind the proposer if no action is taken by the Legislature in

23  the session following the submission of the proposal.

24         (5)  The department must bring the information sheet to

25  the Legislature by December 1, 1998. Notwithstanding the

26  provisions under chapter 325, Florida Statutes, the department

27  and the Governor and Cabinet acting as head of that agency,

28  are prohibited from entering into any contract or extension of

29  a contract for any form of motor vehicles emissions testing

30  without legislative approval through the enactment of specific

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    Florida Senate - 1998                            CS for SB 374
    306-1630-98




  1  legislation directing the department to implement an

  2  inspection program and establishing a fee for the program.

  3         Section 2.  Subsection (2) of section 325.214, Florida

  4  Statutes, is amended to read:

  5         325.214  Motor vehicle inspection; fees; disposition of

  6  fees.--

  7         (2)  The department shall set an inspection fee shall

  8  be not to exceed $10. By rule, the department shall set a

  9  regulatory amount to be included in the fee which is

10  commensurate with the cost of administering and enforcing the

11  inspection program.  It is the intent of the Legislature that

12  the program be self-supporting.  Notwithstanding any other

13  provision of law to the contrary, an additional fee of $1

14  shall be assessed upon the issuance of each dealer

15  certificate, which fee shall be forwarded to the department

16  for deposit into the Highway Safety Operating Trust Fund.

17         Section 3.  This act shall take effect upon becoming a

18  law.

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    Florida Senate - 1998                            CS for SB 374
    306-1630-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 374

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  4  This committee substitute makes the following provisions:

  5  1.   Directs the Department of Highway Safety and Motor
         Vehicles to issue a Request for Proposals on two motor
  6       vehicle programs; an annual basic idle test for vehicles
         five model years and older and a biennial basic idle test
  7       for vehicles five model years and older.

  8  2.   Allows the department to seek proposals from alternative
         delivery systems including all vendors of motor vehicle
  9       emissions inspection services and county governments in
         counties where inspections are required.
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    3.   Provides that all proposals must remain sealed until the
11       legislature selects a program and all proposers must
         submit a separate information sheet identifying program
12       criteria but not the proposer or any proprietary
         information.
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    4.   Revises the factors comprising the $10 inspection test
14       fee and limits the fee to a flat $10.

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