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



                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___

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19  Florida Statutes, is repealed, and present subsection (11) of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

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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 Secretary of Environmental Protection.

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

28  requires the state to purchase any asset or assume any

29  liability if such contract is not renewed.

30         (c)  Minimum requirements for adequate staff,

31  equipment, management, and operating hours which may include

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                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  evening or weekend hours or both.

  2         (d)  Provisions for surveillance by the department of

  3  the contractor to ensure compliance with emissions test

  4  standards and applicable procedures, rules, regulations, and

  5  laws.

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

  7  contractor, to terminate the contract with the contractor and

  8  assume operation of the motor vehicle emissions inspection

  9  station.

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

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

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

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

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

15  the contractor in the operation of an inspection station.

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

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

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

19  reasonable compensation, any contract rights and related

20  obligations for land, buildings, improvements, and equipment

21  used by the contractor in the operation of the inspection

22  station.

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

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

25  improvements, and equipment used in the operation of the

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

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

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

29  liquidated damages, shall be procedure for determining the

30  damages payable by the state to the contractor if the

31  Legislature or the department abolishes the inspection program

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                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





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

  2  procedure must specify that the contractor and the department

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

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

  5  contractor as reasonable compensation for its loss resulting

  6  from the termination of the contract due to the termination of

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

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

  9  the department shall determine the amount of reasonable

10  compensation and notify the contractor in writing of its

11  determination within 14 days of the end of the negotiation

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

13  proceeding under ss. 120.569 and 120.57 pursuant to the

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

15  that payment of such compensation to the contractor is subject

16  to appropriation of funds for this purpose by the Legislature

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

18  Legislature to appropriate the funds to pay such reasonable

19  compensation.  The damages recoverable by the contractor if

20  the Legislature abolishes the program shall be limited to the

21  funds appropriated by the Legislature pursuant to this

22  section.

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

24  inspection fees collected, deemed necessary by the department

25  for the administration or enforcement of the emissions

26  inspection contract.

27         (k)  A provision requiring compliance with minority

28  business enterprise procurement goals set forth in s. 287.0945

29  in contracts for the construction of inspection stations and

30  for document printing costs and costs associated with the

31  maintenance, repair, reconstruction, renovation, and expansion

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                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  of inspection stations. Each contractor shall submit to the

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

  3  certifying compliance with the provisions of this paragraph.

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

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

  6  inspection operations under the contract, elect to waive

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

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

  9         (m)  A provision requiring that the contractor

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

11  availability of county facilities formerly used for the

12  inspection of motor vehicles and that the contractor explore

13  with appropriate county officials the feasibility of the

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

15  for use as inspection stations.

16         (n)  A provision authorizing the department to amend

17  the contract if the Legislature enacts legislation that

18  changes the number of motor vehicle model years that are

19  subject to inspection requirements.

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

21  or canceled by the department upon statewide implementation of

22  clean fuel requirements promulgated by the United States

23  Environmental Protection Agency.

24         (11)  Before accepting proposals, the department shall

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

26  department shall contract with a private contractor for the

27  exclusive right to conduct vehicle inspections in each program

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

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

30  conduct vehicle inspections in more than one contract zone.

31         Section 25.  Section 325.2135, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  amended to read:

  2         325.2135  Motor vehicle emissions inspection program;

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

  4  emissions inspection program contracts for a period of time

  5  sufficient to implement new contracts resulting from

  6  competitive proposals, and shall enter into and implement one

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

  8  inspection program for vehicles, except the current model year

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

10  the basic test for hydrocarbon emissions, and carbon monoxide

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

12  program included in the contract proposals must be based on

13  the requirements under this chapter unless those requirements

14  conflict with this section. No contract entered into under

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

16  renewals thereafter in accordance with the provisions of

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

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

19  department reserves the right to cancel the contract upon 6

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

21  Secretary of Environmental Protection that a motor vehicle

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

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

24  motor vehicle inspection proposed by the Department of Highway

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

26         Section 26.  Section 325.205, Florida Statutes, is

27  created to read:

28         325.205  Within 90 days after the effective date of

29  this act, the Department of Environmental Protection shall

30  initiate a revision of the United States Environmental

31  Protection Agency-approved State Implementation Plan for the

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                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





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

  2  vehicle inspection program.

  3

  4  (Redesignate subsequent sections.)

  5

  6

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

  8  And the title is amended as follows:

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

10

11  insert:

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

13         "nonattainment area" and redefining the term

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

15         conforming a cross-reference; amending s.

16         325.207, F.S.; providing for a new 7-year

17         contract term with annual renewals; eliminating

18         liquidated damages; revising provisions

19         relating to the termination of motor vehicle

20         emissions contracts; providing for contracts in

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

22         revising procedures to be included in motor

23         vehicle emissions contracts; creating s.

24         325.205, F.S.; directing the Department of

25         Environmental Protection to submit a revision

26         to Florida's State Implementation Plan to the

27         United States Environmental Protection Agency;

28

29

30

31

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