CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 2179, 1st Eng.
Amendment No. ___
CHAMBER ACTION
Senate House
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11 Senators Klein and Hargrett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 1, between lines 28 and 29,
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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18 Statutes, is repealed, and present subsection (11) of that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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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.
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3 (Redesignate subsequent sections.)
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7 And the title is amended as follows:
8 On page 1, line 7, after the semicolon,
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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;
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