CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 349, 2nd Eng.
Amendment No. ___
CHAMBER ACTION
Senate House
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11 Senators Klein and Hargrett moved the following substitute for
12 amendment to amendment (943576):
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14 Senate Amendment (with title amendment)
15 On page 50, between lines 20 and 21,
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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19 Florida Statutes, is repealed, and present subsection (11) of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
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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,
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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
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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
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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.
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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
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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.
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5 (Redesignate subsequent sections.)
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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,
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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;
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