CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. HB 2179, 1st Eng.

    Amendment No. ___

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10  ______________________________________________________________

11  Senators Klein and Hargrett moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 1, between lines 28 and 29,

15

16  insert:

17         Section 3.  Subsection (10) of section 325.202, Florida

18  Statutes, is repealed, and present subsection (11) of that

19  section is amended, to read:

20         325.202  Definitions.--As used in this act, the term:

21         (10)(11)  "Program area" means Hillsborough and

22  Pinellas Counties as long as the Department of Highway Safety

23  and Motor Vehicles has a vendor under state contract to

24  operate a motor vehicle inspection program in these counties.

25  Additionally, the term includes counties that voluntarily

26  request inclusion under the provisions of s. 325.204.

27  designated by the Department of Environmental Protection as

28  air-quality nonattainment areas in accordance with this act,

29  counties which voluntarily request inclusion pursuant to the

30  provisions of s. 325.204, and counties previously designated

31  as nonattainment areas that are operating under a United

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                                                  SENATE AMENDMENT

    Bill No. HB 2179, 1st Eng.

    Amendment No. ___





  1  States Environmental-Protection-Agency-approved maintenance

  2  plan.

  3         Section 4.  Subsection (4) of section 320.055, Florida

  4  Statutes, is amended to read:

  5         320.055  Registration periods; renewal periods.--The

  6  following registration periods and renewal periods are

  7  established:

  8         (4)  For a vehicle subject to registration under s.

  9  320.08(13), for vehicles subject to registration under s.

10  320.08(6)(a) that are short-term rental vehicles, as defined

11  in s. 325.202(14) s. 325.202(15), and for any vehicle for

12  which a registration period is not otherwise specified, the

13  registration period begins June 1 and ends May 31. For a

14  vehicle subject to this registration period, the renewal

15  period is the 30-day period beginning June 1.

16         Section 5.  Subsections (8) and (11) of section

17  325.207, Florida Statutes, are amended to read:

18         325.207  Inspection stations; department contracts;

19  inspection requirements; recordkeeping.--

20         (8)  Any contract authorized under this section shall

21  contain:

22         (a)  A contract term of not less than 7 5 years of

23  actual test operations with a 6-month cancellation provision.

24  Annual renewals thereafter are subject to the concurrence of

25  the Secretary of Environmental Protection.

26         (b)  A clause stating that nothing in the contract

27  requires the state to purchase any asset or assume any

28  liability if such contract is not renewed.

29         (c)  Minimum requirements for adequate staff,

30  equipment, management, and operating hours which may include

31  evening or weekend hours or both.

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                                                  SENATE AMENDMENT

    Bill No. HB 2179, 1st Eng.

    Amendment No. ___





  1         (d)  Provisions for surveillance by the department of

  2  the contractor to ensure compliance with emissions test

  3  standards and applicable procedures, rules, regulations, and

  4  laws.

  5         (e)  Provision for the state, upon default of the

  6  contractor, to terminate the contract with the contractor and

  7  assume operation of the motor vehicle emissions inspection

  8  station.

  9         (f)  Provision for the state, upon termination of the

10  term of the contract or upon assumption of the operation of

11  the program pursuant to paragraph (e), to have transferred or

12  assigned to it, for reasonable compensation, any interest in

13  land, buildings, improvements, services, and equipment used by

14  the contractor in the operation of an inspection station.

15         (g)  Provision for the state, upon termination of the

16  term of the contract or upon assumption of the operation of

17  the program, to have transferred and assigned to it, for

18  reasonable compensation, any contract rights and related

19  obligations for land, buildings, improvements, and equipment

20  used by the contractor in the operation of the inspection

21  station.

22         (h)  A requirement that the contractor, in any

23  agreement executed by him or her for land, buildings,

24  improvements, and equipment used in the operation of the

25  inspection stations, reserve the right to assign to the state

26  any of his or her rights and obligations under such contract.

27         (i)  A provision that no damages of any type, including

28  liquidated damages, shall be procedure for determining the

29  damages payable by the state to the contractor if the

30  Legislature or the department abolishes the inspection program

31  at any time prior to the conclusion of the contract term. This

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                                                  SENATE AMENDMENT

    Bill No. HB 2179, 1st Eng.

    Amendment No. ___





  1  procedure must specify that the contractor and the department

  2  have 120 days from the effective date of the termination of

  3  the program to negotiate an amount to be paid to the

  4  contractor as reasonable compensation for its loss resulting

  5  from the termination of the contract due to the termination of

  6  the program.  If the contractor and the department are not

  7  able to agree to an amount by the end of the 120-day period,

  8  the department shall determine the amount of reasonable

  9  compensation and notify the contractor in writing of its

10  determination within 14 days of the end of the negotiation

11  period and shall offer the contractor a point of entry to a

12  proceeding under ss. 120.569 and 120.57 pursuant to the

13  department's rules of procedure.  This provision must specify

14  that payment of such compensation to the contractor is subject

15  to appropriation of funds for this purpose by the Legislature

16  and that the department agrees in good faith to request the

17  Legislature to appropriate the funds to pay such reasonable

18  compensation.  The damages recoverable by the contractor if

19  the Legislature abolishes the program shall be limited to the

20  funds appropriated by the Legislature pursuant to this

21  section.

22         (j)  Any other provision, including periodic audits of

23  inspection fees collected, deemed necessary by the department

24  for the administration or enforcement of the emissions

25  inspection contract.

26         (k)  A provision requiring compliance with minority

27  business enterprise procurement goals set forth in s. 287.0945

28  in contracts for the construction of inspection stations and

29  for document printing costs and costs associated with the

30  maintenance, repair, reconstruction, renovation, and expansion

31  of inspection stations. Each contractor shall submit to the

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                                                  SENATE AMENDMENT

    Bill No. HB 2179, 1st Eng.

    Amendment No. ___





  1  department no later than March 1 of each year an affidavit

  2  certifying compliance with the provisions of this paragraph.

  3         (l)  A provision requiring a performance bond of $1

  4  million, which the department may, after the second year of

  5  inspection operations under the contract, elect to waive

  6  entirely, reduce in amount, or waive in exchange for another

  7  appropriate means of security in a like or reduced amount.

  8         (m)  A provision requiring that the contractor

  9  determine, for each county in the program area, the

10  availability of county facilities formerly used for the

11  inspection of motor vehicles and that the contractor explore

12  with appropriate county officials the feasibility of the

13  contractor's acquisition or lease of such facilities, if any,

14  for use as inspection stations.

15         (n)  A provision authorizing the department to amend

16  the contract if the Legislature enacts legislation that

17  changes the number of motor vehicle model years that are

18  subject to inspection requirements.

19         (o)  A provision authorizing the contract to be amended

20  or canceled by the department upon statewide implementation of

21  clean fuel requirements promulgated by the United States

22  Environmental Protection Agency.

23         (11)  Before accepting proposals, the department shall

24  divide the state into three or more contract zones. The

25  department shall contract with a private contractor for the

26  exclusive right to conduct vehicle inspections in each program

27  area zone. However, any contractor may bid on more than one

28  zone, and the department may contract with a contractor to

29  conduct vehicle inspections in more than one contract zone.

30         Section 6.  Section 325.2135, Florida Statutes, is

31  amended to read:

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                                                  SENATE AMENDMENT

    Bill No. HB 2179, 1st Eng.

    Amendment No. ___





  1         325.2135  Motor vehicle emissions inspection program;

  2  contracts; fees.--The department may extend the current

  3  emissions inspection program contracts for a period of time

  4  sufficient to implement new contracts resulting from

  5  competitive proposals, and shall enter into and implement one

  6  contract or more contracts by June 30, 2000, for a biennial

  7  inspection program for vehicles, except the current model year

  8  and the two prior model years, using an enhanced inspection

  9  the basic test for hydrocarbon emissions, and carbon monoxide

10  emissions, and oxides of nitrogen. The requirements for the

11  program included in the contract proposals must be based on

12  the requirements under this chapter unless those requirements

13  conflict with this section. No contract entered into under

14  this subsection may be for longer than 7 years, with annual

15  renewals thereafter in accordance with the provisions of

16  paragraph s. 325.207(8)(a). Any contract authorized under this

17  section must contain a provision that, after 4 years, the

18  department reserves the right to cancel the contract upon 6

19  months' notice to the contractor, upon a determination by the

20  Secretary of Environmental Protection that a motor vehicle

21  emissions program is no longer needed in the program area.

22  Notwithstanding the provisions of s. 325.214, the fee for

23  motor vehicle inspection proposed by the Department of Highway

24  Safety and Motor Vehicles may not exceed $19 per inspection.

25         Section 7.  Section 325.205, Florida Statutes, is

26  created to read:

27         325.205  Within 90 days after the effective date of

28  this act, the Department of Environmental Protection shall

29  initiate a revision of the United States Environmental

30  Protection Agency-approved State Implementation Plan for the

31  program area to back out the emission credits from the motor

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                                                  SENATE AMENDMENT

    Bill No. HB 2179, 1st Eng.

    Amendment No. ___





  1  vehicle inspection program.

  2

  3  (Redesignate subsequent sections.)

  4

  5

  6  ================ T I T L E   A M E N D M E N T ===============

  7  And the title is amended as follows:

  8         On page 1, line 7, after the semicolon,

  9

10  insert:

11         amending s. 325.202, F.S.; deleting the term

12         "nonattainment area" and redefining the term

13         "program area"; amending s. 320.055, F.S.;

14         conforming a cross-reference; amending s.

15         325.207, F.S.; providing for a new 7-year

16         contract term with annual renewals; eliminating

17         liquidated damages; revising provisions

18         relating to the termination of motor vehicle

19         emissions contracts; providing for contracts in

20         each program area; amending s. 325.2135, F.S.;

21         revising procedures to be included in motor

22         vehicle emissions contracts; creating s.

23         325.205, F.S.; directing the Department of

24         Environmental Protection to submit a revision

25         to Florida's State Implementation Plan to the

26         United States Environmental Protection Agency;

27

28

29

30

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