Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 1184
Ì363562+Î363562
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/16/2015 .
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Appropriations Subcommittee on Transportation, Tourism, and
Economic Development (Brandes) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 312 and 313
4 insert:
5 Section 6. Section 319.141, Florida Statutes, is amended to
6 read:
7 319.141 Pilot rebuilt motor vehicle inspection program.—
8 (1) As used in this section, the term:
9 (a) “Facility” means a rebuilt motor vehicle inspection
10 facility authorized and operating under this section.
11 (b) “Rebuilt inspection services” means an examination of a
12 rebuilt vehicle and a properly endorsed certificate of title,
13 salvage certificate of title, or manufacturer’s statement of
14 origin and an application for a rebuilt certificate of title, a
15 rebuilder’s affidavit, a photograph of the junk or salvage
16 vehicle taken before repairs began, receipts or invoices for all
17 major component parts and repairs, as defined in s. 319.30,
18 which were changed, and proof that notice of rebuilding of the
19 vehicle has been reported to the National Motor Vehicle Title
20 Information System.
21 (2) By July 1, 2015 October 1, 2013, the department shall
22 oversee implement a pilot program in Miami-Dade County and
23 Hillsborough Counties to evaluate alternatives for rebuilt
24 inspection services to be offered by existing the private sector
25 operators, including the continued use feasibility of using
26 private facilities, the cost impact to consumers, and the
27 potential savings to the department.
28 (3) The department shall establish a memorandum of
29 understanding that allows private parties participating in the
30 pilot program to conduct rebuilt motor vehicle inspections and
31 specifies requirements for oversight, bonding and insurance,
32 procedures, and forms and requires the electronic transmission
33 of documents.
34 (4) Before an applicant is approved, the department shall
35 ensure that the applicant meets basic criteria designed to
36 protect the public. At a minimum, the applicant shall meet all
37 of the following requirements:
38 (a) Have and maintain a surety bond or irrevocable letter
39 of credit in the amount of $100,000 $50,000 executed by the
40 applicant.
41 (b) Secure and maintain a facility at a permanent structure
42 at an address recognized by the United States Postal Service
43 where the only services provided on such property are rebuilt
44 inspection services. The operator of a facility shall annually
45 attest that he or she is not employed by or does not have an
46 ownership interest in or other financial arrangement with the
47 owner, operator, manager, or employee of a motor vehicle repair
48 shop as defined in s. 559.903, a motor vehicle dealer as defined
49 in s. 320.27(1)(c), a towing company, a vehicle storage company,
50 a vehicle auction, an insurance company, a salvage yard, a metal
51 retailer, or a metal rebuilder from which he or she receives
52 remuneration, directly or indirectly, for the referral of
53 customers for rebuilt inspection services.
54 (c)(b) Have and maintain garage liability and other
55 insurance required by the department.
56 (d)(c) Have completed criminal background checks of the
57 owners, partners, and corporate officers and the inspectors
58 employed by the facility.
59 (e)(d) Meet any additional criteria the department
60 determines necessary to conduct proper inspections.
61 (5) A participant in the program shall access vehicle and
62 title information and enter inspection results through an
63 electronic filing system authorized by the department and shall
64 maintain records of each rebuilt vehicle examination processed
65 at such facility for at least 5 years.
66 (6) The department shall immediately terminate any operator
67 from the program who fails to meet the minimum eligibility
68 requirements specified in subsection (4). Prior to a change in
69 ownership of the rebuilt inspection facility, the current
70 operator must give the department 45 days written notice of the
71 intended sale. The prospective owner must meet the eligibility
72 requirements of this section and execute a new memorandum of
73 understanding with the department prior to operating the
74 facility.
75 (6) The department shall submit a report to the President
76 of the Senate and the Speaker of the House of Representatives
77 providing the results of the pilot program by February 1, 2015.
78 (7) This section shall stand repealed on July 1, 2018 2015,
79 unless saved from repeal through reenactment by the Legislature.
80
81 ================= T I T L E A M E N D M E N T ================
82 And the title is amended as follows:
83 Delete line 47
84 and insert:
85 length under certain circumstances; amending s.
86 319.141, F.S.; defining the term “rebuilt inspection
87 services”; directing the Department of Highway Safety
88 and Motor Vehicles to oversee a pilot program in
89 Miami-Dade County to evaluate alternatives for certain
90 rebuilt inspection services by a specified date;
91 revising the minimum criteria an applicant must meet
92 before he or she is approved; requiring that
93 participants in the program maintain records of each
94 rebuilt vehicle examination processed at such facility
95 for a specified period of time; requiring the
96 department to terminate any operator from the program
97 under certain circumstances; requiring a current
98 operator to give the department written notice of an
99 intended sale within a specified period of time;
100 requiring a prospective owner to meet specified
101 requirements and execute a certain memorandum;
102 deleting a provision requiring the department to
103 submit a certain report to the Legislature; revising
104 the date of repeal for this section; amending s.
105