House Bill 0819e1
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CS/HBs 819 & 473, First Engrossed
1 A bill to be entitled
2 An act relating to motor vehicle emissions;
3 amending s. 316.008, F.S.; to provide
4 enforcement vehicle emissions violations;
5 amending s. 325.202, F.S.; definitions;
6 amending s. 320.055, F.S.; revising a cross
7 reference to conform; amending s. 325.203,
8 F.S.; exempting certain new motor vehicles from
9 inspection requirements; creating s. 325.205,
10 F.S.; conforming the state implementation plan;
11 and providing for termination of program under
12 certain circumstances; amending s. 325.207,
13 F.S.; providing for a new contract term with
14 annual renewals; eliminating liquidated
15 damages; revising provisions relating to the
16 termination of motor vehicle emissions
17 contracts; providing for contracts in each
18 program area; amending s. 325.2135, F.S.;
19 revising procedures to be included in motor
20 vehicle emissions contracts; creating s.
21 325.2175, F.S.; providing for testing the
22 accuracy of inspection equipment; providing an
23 effective date.
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25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. Subsection (7) of section 316.008, Florida
28 Statutes, is added to read:
29 316.008 Powers of local authorities.--
30 (7) A county or municipality may enact an ordinance
31 providing for the violation of vehicle emissions standards as
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1 determined by a mobile or hand-held unit, as defined in s.
2 325.202. The ordinance shall provide for a warning to repair
3 the vehicle in accordance with emissions standards, and to
4 retest the vehicle within 90 days or be subject to the
5 nonrenewal of the vehicle registration.
6 Section 2. Section 325.202, Florida Statutes, is
7 amended to read:
8 325.202 Definitions.--As used in this act, the term:
9 (1) "Air pollution control equipment" means any
10 equipment or feature installed by the manufacturer or replaced
11 with a device or system equivalent in design and function to
12 the part that was originally installed on the motor vehicle
13 which constitutes an operational element of the air pollution
14 control system or mechanism of a motor vehicle.
15 (2) "Contractor" means any person, corporation, or
16 partnership with whom the department may enter into a contract
17 for the purchase, lease, design, construction, equipment,
18 maintenance, personnel, management, and operation of an
19 inspection station.
20 (3) "Dealer certificate" means an inspection
21 certificate issued to a motor vehicle dealer, motor vehicle
22 broker as defined in s. 320.27, mobile home dealer as defined
23 in s. 320.77, or recreational vehicle dealer as defined in s.
24 320.771, indicating that a motor vehicle has passed an
25 emissions inspection, which grants the dealer or broker 12
26 months in which to sell at retail the identified motor vehicle
27 owned by the dealer or broker.
28 (4) "Department" means the Department of Highway
29 Safety and Motor Vehicles.
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1 (5) "Federal act" means the federal Clean Air Act, as
2 amended, and regulations issued by the United States
3 Environmental Protection Agency under that act.
4 (6) "Inspection" means the determination of the level
5 of exhaust emissions of a motor vehicle and of the existence
6 of tampering.
7 (7) "Inspection certificate" means a serially numbered
8 form issued by an inspection station, reinspection facility,
9 or self-inspector indicating that the identified motor vehicle
10 has been inspected and passed inspection.
11 (8) "Inspection station" means a facility, other than
12 a self-inspection facility, situated in a permanent structure
13 or a mobile unit, for the purpose of conducting emissions
14 inspections of motor vehicles as required by this act. Mobile
15 or hand-held units may substitute permanent structures, for
16 the purpose of conducting emissions inspections of motor
17 vehicles as required by this act and violations of emissions
18 standards as determined by mobile or hand-held units are
19 enforceable under s. 316.008.
20 (9) "Motor vehicle" means any self-propelled vehicle
21 required to be registered under s. 320.02.
22 (10) "Nonattainment area" means an area which has been
23 designated by the administrator of the United States
24 Environmental Protection Agency (EPA), pursuant to the federal
25 act, as exceeding national primary or secondary ambient air
26 quality standards for the pollutants carbon monoxide or ozone.
27 (10)(11) "Program area" means Hillsborough and
28 Pinellas Counties, so long as the Department of Highway Safety
29 and Motor Vehicles has a vendor under state contract to
30 operate a motor vehicle inspection program in these counties.
31 Additionally, "program area" includes counties that
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1 voluntarily request inclusion under the provision of s.
2 325.204 designated by the Department of Environmental
3 Protection as air-quality nonattainment areas in accordance
4 with this act, counties which voluntarily request inclusion
5 pursuant to the provisions of s. 325.204, and counties
6 previously designated as nonattainment areas that are
7 operating under a United States
8 Environmental-Protection-Agency-approved maintenance plan.
9 (11)(12) "Reinspection facility" means any motor
10 vehicle repair shop as defined in s. 559.903(7) which has been
11 licensed by the department pursuant to the provisions of s.
12 325.212.
13 (12)(13) "Self-inspector" means any person or
14 governmental entity that owns or leases at least 25 motor
15 vehicles, including vehicles held for resale by a motor
16 vehicle dealer licensed under chapter 320, and is licensed by
17 the department to inspect such vehicles.
18 (13)(14) "Tamper" means to dismantle, remove, or
19 render ineffective any air pollution control equipment which
20 has been installed on a motor vehicle by the vehicle
21 manufacturer except to replace such device or system with a
22 device or system equivalent in design and function to the part
23 that was originally installed on the motor vehicle.
24 (14)(15) "Short-term rental vehicle" means a motor
25 vehicle leased without a driver and under a written agreement
26 to one or more persons from time to time for a period of less
27 than 3 months.
28 Section 3. Subsection (4) of section 320.055, Florida
29 Statutes, is amended to read:
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1 320.055 Registration periods; renewal periods.--The
2 following registration periods and renewal periods are
3 established:
4 (4) For a vehicle subject to registration under s.
5 320.08(13), for vehicles subject to registration under s.
6 320.08(6)(a) that are short-term rental vehicles, as defined
7 in s. 325.202(14)(15), and for any vehicle for which a
8 registration period is not otherwise specified, the
9 registration period begins June 1 and ends May 31. For a
10 vehicle subject to this registration period, the renewal
11 period is the 30-day period beginning June 1.
12 Section 4. Paragraphs (k) and (l) of subsection (4) of
13 section 325.203, Florida Statutes, are amended and subsection
14 (9) is added to said section to read:
15 325.203 Motor vehicles subject to annual inspection;
16 exemptions.--
17 (4) The following motor vehicles are not subject to
18 inspection:
19 (k) New motor vehicles, as defined in s. 319.001(4).
20 Such vehicles are exempt from the inspection requirements of
21 this act. at the time of the first registration by the
22 original owner and, thereafter, are subject to the inspection
23 requirements of this act. Beginning May 1, 2000, such vehicles
24 are exempt from those inspection requirements for a period of
25 2 years from the date of purchase.
26 (l) New motor vehicles as defined in s. 319.001(4)
27 which are utilized as short-term rental vehicles and licensed
28 under s. 320.08(6)(a). Such vehicles are exempt from the
29 inspection requirements. of this act at the time of the first
30 registration. Said vehicles are also exempt from the
31 inspection requirements of this act at the time of the first
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1 registration renewal by the original owner, provided this
2 renewal occurs prior to the expiration of 12 months from the
3 date of first registration of the motor vehicle. Beginning May
4 1, 2000, such vehicles are exempt from those inspection
5 requirements for a period of 2 years from the date of
6 purchase.
7 325.203 Motor vehicles subject to annual inspection;
8 exemptions.--
9 (9) Should the Department of Environmental Protection
10 determine that levels of nitrogen oxide emitted from
11 stationary sources be of a level to offset the gains achieved
12 or anticipated to be achieved by the motor vehicle inspection
13 program such program shall be subject to termination pursuant
14 to the contract and this act. This provision shall not be
15 used to mandate or permit additional regulatory authority for
16 the department concerning stationary sources.
17 Section 5. Section 325.205, Florida Statutes, is
18 created to read:
19 325.205 State implementation plan.--
20 The Department of Environmental Protection shall seek
21 the necessary approval by January 1, 2001, to amend the state
22 implementation plan to reflect the current motor vehicle
23 inspection plan and any air quality improvements which offset
24 the motor vehicle inspection program reductions in accordance
25 with the Clean Air Act. Once approval is received from the
26 United States Environmental Protection Agency then the
27 department shall seek an expedited amendatory process to amend
28 the plan.
29 Section 6. Subsections (8) and (11) of section
30 325.207, Florida Statutes, are amended to read:
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1 325.207 Inspection stations; department contracts;
2 inspection requirements; recordkeeping.--
3 (8) Any contract authorized under this section shall
4 contain:
5 (a) A contract term of 1 not less than 5 years of
6 actual test operations with annual renewals thereafter subject
7 to the concurrence of the Department of Highway Safety and
8 Motor Vehicles and the Department of Environmental Protection.
9 (b) A clause stating that nothing in the contract
10 requires the state to purchase any asset or assume any
11 liability if such contract is not renewed.
12 (c) Minimum requirements for adequate staff,
13 equipment, management, and operating hours which may include
14 evening or weekend hours or both.
15 (d) Provisions for surveillance by the department of
16 the contractor to ensure compliance with emissions test
17 standards and applicable procedures, rules, regulations, and
18 laws.
19 (e) Provision for the state, upon default of the
20 contractor, to terminate the contract with the contractor and
21 assume operation of the motor vehicle emissions inspection
22 station.
23 (f) Provision for the state, upon termination of the
24 term of the contract or upon assumption of the operation of
25 the program pursuant to paragraph (e), to have transferred or
26 assigned to it, for reasonable compensation, any interest in
27 land, buildings, improvements, services, and equipment used by
28 the contractor in the operation of an inspection station.
29 (g) Provision for the state, upon termination of the
30 term of the contract or upon assumption of the operation of
31 the program, to have transferred and assigned to it, for
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1 reasonable compensation, any contract rights and related
2 obligations for land, buildings, improvements, and equipment
3 used by the contractor in the operation of the inspection
4 station.
5 (h) A requirement that the contractor, in any
6 agreement executed by him or her for land, buildings,
7 improvements, and equipment used in the operation of the
8 inspection stations, reserve the right to assign to the state
9 any of his or her rights and obligations under such contract.
10 (i) No damages of any type, including liquidated
11 damages, shall be A procedure for determining the damages
12 payable by the state to the contractor if the Legislature
13 abolishes the inspection program at any time prior to the
14 conclusion of the contract term. This procedure must specify
15 that the contractor and the department have 120 days from the
16 effective date of the termination of the program to negotiate
17 an amount to be paid to the contractor as reasonable
18 compensation for its loss resulting from the termination of
19 the contract due to the termination of the program. If the
20 contractor and the department are not able to agree to an
21 amount by the end of the 120-day period, the department shall
22 determine the amount of reasonable compensation and notify the
23 contractor in writing of its determination within 14 days of
24 the end of the negotiation period and shall offer the
25 contractor a point of entry to a proceeding under ss. 120.569
26 and 120.57 pursuant to the department's rules of procedure.
27 This provision must specify that payment of such compensation
28 to the contractor is subject to appropriation of funds for
29 this purpose by the Legislature and that the department agrees
30 in good faith to request the Legislature to appropriate the
31 funds to pay such reasonable compensation. The damages
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1 recoverable by the contractor if the Legislature abolishes the
2 program shall be limited to the funds appropriated by the
3 Legislature pursuant to this section.
4 (j) Any other provision, including periodic audits of
5 inspection fees collected, deemed necessary by the department
6 for the administration or enforcement of the emissions
7 inspection contract.
8 (k) A provision requiring compliance with minority
9 business enterprise procurement goals set forth in s. 287.0945
10 in contracts for the construction of inspection stations and
11 for document printing costs and costs associated with the
12 maintenance, repair, reconstruction, renovation, and expansion
13 of inspection stations. Each contractor shall submit to the
14 department no later than March 1 of each year an affidavit
15 certifying compliance with the provisions of this paragraph.
16 (l) A provision requiring a performance bond of $1
17 million, which the department may, after the second year of
18 inspection operations under the contract, elect to waive
19 entirely, reduce in amount, or waive in exchange for another
20 appropriate means of security in a like or reduced amount.
21 (m) A provision requiring that the contractor
22 determine, for each county in the program area, the
23 availability of county facilities formerly used for the
24 inspection of motor vehicles and that the contractor explore
25 with appropriate county officials the feasibility of the
26 contractor's acquisition or lease of such facilities, if any,
27 for use as inspection stations.
28 (n) A provision authorizing the department to amend
29 the contract if the Legislature enacts legislation that
30 changes the number of motor vehicle model years that are
31 subject to inspection requirements.
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1 (o) A provision authorizing the contract to be amended
2 or canceled by the department upon statewide implementation of
3 clean fuel requirements promulgated by the United States
4 Environmental Protection Agency.
5 (11) Before accepting proposals, the department shall
6 divide the state into three or more contract zones. The
7 department shall contract with a private contractor for the
8 exclusive right to conduct vehicle inspections in each program
9 area zone. However, any contractor may bid on more than one
10 zone, and the department may contract with a contractor to
11 conduct vehicle inspections in more than one contract zone.
12 Section 7. Section 325.2135, Florida Statutes, is
13 amended to read:
14 325.2135 Motor vehicle emissions inspection program;
15 contracts; fees.--The department may extend the current
16 emissions inspection program contracts for a period of time
17 sufficient to implement new contracts resulting from
18 competitive proposals, and shall enter into and implement one
19 contract or more contracts by June 30, 2000, for a biennial
20 inspection program for vehicles, except the current model year
21 and the six two prior model years, using an expanded
22 inspection test the basic test for hydrocarbon emissions and
23 carbon monoxide emissions and oxides of nitrogen. The
24 requirements for the program included in the contract
25 proposals must be based on the requirements under this chapter
26 unless those requirements conflict with this section. No
27 contract entered into under this subsection may be for longer
28 than 1 years, with annual renewals thereafter, in accordance
29 with the provision of s. 325.207(8)(a). Any contract
30 authorized under this section must contain a provision that,
31 after 4 years, the department reserves the right to cancel the
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1 contract upon 6 months' notice to the contractor.
2 Notwithstanding the provisions of s. 325.214, the fee for
3 motor vehicle inspection proposed by the Department of Highway
4 Safety and Motor Vehicles may not exceed $8 $19 per
5 inspection.
6 Section 8. Section 325.2175, Florida Statutes, is
7 created to read:
8 325.2175 Inspection equipment--
9 Any air monitoring device utilized by the Department of
10 Environmental Protection in determining ambient air quality in
11 program areas and that registers levels indicating
12 nonattainment with federal air quality standards shall be
13 tested to determine the accuracy of such data and recalibrated
14 as necessary.
15 Section 9. This act shall take effect July 1, 2000.
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