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



                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5

  6

  7

  8

  9

10  ______________________________________________________________

11  Senators Klein and Hargrett moved the following substitute for

12  amendment to amendment (943576):

13

14         Senate Amendment (with title amendment) 

15         On page 50, between lines 20 and 21,

16

17  insert:

18         Section 22.  Subsection (10) of section 325.202,

19  Florida Statutes, is repealed, and present subsection (11) of

20  that section is amended, to read:

21         325.202  Definitions.--As used in this act, the term:

22         (10)(11)  "Program area" means Hillsborough and

23  Pinellas Counties as long as the Department of Highway Safety

24  and Motor Vehicles has a vendor under state contract to

25  operate a motor vehicle inspection program in these counties.

26  Additionally, the term includes counties that voluntarily

27  request inclusion under the provisions of s. 325.204.

28  designated by the Department of Environmental Protection as

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

30  counties which voluntarily request inclusion pursuant to the

31  provisions of s. 325.204, and counties previously designated

                                  1
    1:19 PM   05/05/00                                h0349c-2828d




                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  as nonattainment areas that are operating under a United

  2  States Environmental-Protection-Agency-approved maintenance

  3  plan.

  4         Section 23.  Subsection (4) of section 320.055, Florida

  5  Statutes, is amended to read:

  6         320.055  Registration periods; renewal periods.--The

  7  following registration periods and renewal periods are

  8  established:

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

10  320.08(13), for vehicles subject to registration under s.

11  320.08(6)(a) that are short-term rental vehicles, as defined

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

13  which a registration period is not otherwise specified, the

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

15  vehicle subject to this registration period, the renewal

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

17         Section 24.  Subsections (8) and (11) of section

18  325.207, Florida Statutes, are amended to read:

19         325.207  Inspection stations; department contracts;

20  inspection requirements; recordkeeping.--

21         (8)  Any contract authorized under this section shall

22  contain:

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

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

25  Annual renewals thereafter are subject to the concurrence of

26  the Department of Highway Safety and Motor Vehicles and the

27  Department of Environmental Protection.

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

29  requires the state to purchase any asset or assume any

30  liability if such contract is not renewed.

31         (c)  Minimum requirements for adequate staff,

                                  2
    1:19 PM   05/05/00                                h0349c-2828d




                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  equipment, management, and operating hours which may include

  2  evening or weekend hours or both.

  3         (d)  Provisions for surveillance by the department of

  4  the contractor to ensure compliance with emissions test

  5  standards and applicable procedures, rules, regulations, and

  6  laws.

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

  8  contractor, to terminate the contract with the contractor and

  9  assume operation of the motor vehicle emissions inspection

10  station.

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

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

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

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

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

16  the contractor in the operation of an inspection station.

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

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

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

20  reasonable compensation, any contract rights and related

21  obligations for land, buildings, improvements, and equipment

22  used by the contractor in the operation of the inspection

23  station.

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

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

26  improvements, and equipment used in the operation of the

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

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

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

30  liquidated damages, shall be procedure for determining the

31  damages payable by the state to the contractor if the

                                  3
    1:19 PM   05/05/00                                h0349c-2828d




                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  Legislature or the department abolishes the inspection program

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

  3  procedure must specify that the contractor and the department

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

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

  6  contractor as reasonable compensation for its loss resulting

  7  from the termination of the contract due to the termination of

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

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

10  the department shall determine the amount of reasonable

11  compensation and notify the contractor in writing of its

12  determination within 14 days of the end of the negotiation

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

14  proceeding under ss. 120.569 and 120.57 pursuant to the

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

16  that payment of such compensation to the contractor is subject

17  to appropriation of funds for this purpose by the Legislature

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

19  Legislature to appropriate the funds to pay such reasonable

20  compensation.  The damages recoverable by the contractor if

21  the Legislature abolishes the program shall be limited to the

22  funds appropriated by the Legislature pursuant to this

23  section.

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

25  inspection fees collected, deemed necessary by the department

26  for the administration or enforcement of the emissions

27  inspection contract.

28         (k)  A provision requiring compliance with minority

29  business enterprise procurement goals set forth in s. 287.0945

30  in contracts for the construction of inspection stations and

31  for document printing costs and costs associated with the

                                  4
    1:19 PM   05/05/00                                h0349c-2828d




                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  maintenance, repair, reconstruction, renovation, and expansion

  2  of inspection stations. Each contractor shall submit to the

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

  4  certifying compliance with the provisions of this paragraph.

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

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

  7  inspection operations under the contract, elect to waive

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

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

10         (m)  A provision requiring that the contractor

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

12  availability of county facilities formerly used for the

13  inspection of motor vehicles and that the contractor explore

14  with appropriate county officials the feasibility of the

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

16  for use as inspection stations.

17         (n)  A provision authorizing the department to amend

18  the contract if the Legislature enacts legislation that

19  changes the number of motor vehicle model years that are

20  subject to inspection requirements.

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

22  or canceled by the department upon statewide implementation of

23  clean fuel requirements promulgated by the United States

24  Environmental Protection Agency.

25         (11)  Before accepting proposals, the department shall

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

27  department shall contract with a private contractor for the

28  exclusive right to conduct vehicle inspections in each program

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

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

31  conduct vehicle inspections in more than one contract zone.

                                  5
    1:19 PM   05/05/00                                h0349c-2828d




                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1         Section 25.  Section 325.2135, Florida Statutes, is

  2  amended to read:

  3         325.2135  Motor vehicle emissions inspection program;

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

  5  emissions inspection program contracts for a period of time

  6  sufficient to implement new contracts resulting from

  7  competitive proposals, and shall enter into and implement one

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

  9  inspection program for vehicles, except the current model year

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

11  the basic test for hydrocarbon emissions, and carbon monoxide

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

13  program included in the contract proposals must be based on

14  the requirements under this chapter unless those requirements

15  conflict with this section. No contract entered into under

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

17  renewals thereafter in accordance with the provisions of

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

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

20  department reserves the right to cancel the contract upon 6

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

22  Secretary of Environmental Protection that a motor vehicle

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

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

25  motor vehicle inspection proposed by the Department of Highway

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

27         Section 26.  Section 325.205, Florida Statutes, is

28  created to read:

29         325.205  Within 90 days after the effective date of

30  this act, the Department of Environmental Protection shall

31  initiate a revision of the United States Environmental

                                  6
    1:19 PM   05/05/00                                h0349c-2828d




                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  Protection Agency-approved State Implementation Plan for the

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

  3  vehicle inspection program.

  4

  5  (Redesignate subsequent sections.)

  6

  7

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

  9  And the title is amended as follows:

10         On page 54, line 6, after the semicolon,

11

12  insert:

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

14         "nonattainment area" and redefining the term

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

16         conforming a cross-reference; amending s.

17         325.207, F.S.; providing for a new 7-year

18         contract term with annual renewals; eliminating

19         liquidated damages; revising provisions

20         relating to the termination of motor vehicle

21         emissions contracts; providing for contracts in

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

23         revising procedures to be included in motor

24         vehicle emissions contracts; creating s.

25         325.205, F.S.; directing the Department of

26         Environmental Protection to submit a revision

27         to Florida's State Implementation Plan to the

28         United States Environmental Protection Agency;

29

30

31

                                  7
    1:19 PM   05/05/00                                h0349c-2828d