Florida Senate - 2019                                     SB 928
       By Senator Diaz
       36-00261A-19                                           2019928__
    1                        A bill to be entitled                      
    2         An act relating to the rebuilt motor vehicle
    3         inspection program; reviving, reenacting, and amending
    4         s. 319.141, F.S.; revising the definition of the term
    5         “rebuilt inspection services”; requiring the
    6         Department of Highway Safety and Motor Vehicles to
    7         oversee a pilot program in Miami-Dade County for
    8         rebuilt inspection services offered by private sector
    9         participants; requiring, by a specified date, the
   10         department to expand the pilot program to include
   11         Broward County and Hillsborough County; authorizing
   12         the department to solicit and receive proposals and
   13         select up to two qualified participants per county to
   14         provide rebuilt inspection services; requiring
   15         participants, upon selection, to enter into a certain
   16         memorandum of understanding with the department;
   17         requiring that the department ensure that the
   18         participant meets basic criteria designed to protect
   19         the public before a participant is allowed to furnish
   20         the rebuilt inspection services; requiring the
   21         participant to meet specified requirements; providing
   22         that only a participant selected and approved by the
   23         department to provide rebuilt inspection services may
   24         charge or receive a fee for providing or facilitating
   25         the provision of such services; providing that any
   26         applicant that fails an initial rebuilt inspection may
   27         have that vehicle reinspected only by the department
   28         or the facility that conducted the original
   29         inspection; requiring that the department conduct an
   30         onsite facility inspection at least once per quarter
   31         and immediately terminate a participant under certain
   32         circumstances; requiring that a current operator of a
   33         rebuilt inspection facility give the department
   34         certain written notice of a transfer; providing
   35         requirements for the transferee; requiring the
   36         department to submit a certain written report to the
   37         Legislature by a specified date; repealing an obsolete
   38         provision; providing an effective date.
   40  Be It Enacted by the Legislature of the State of Florida:
   42         Section 1. Notwithstanding the repeal of section 319.141,
   43  Florida Statutes, which occurred on July 1, 2018, that section
   44  is revived, reenacted, and amended to read:
   45         319.141 Pilot Rebuilt motor vehicle inspection pilot
   46  program.—
   47         (1) As used in this section, the term:
   48         (a) “Facility” means a rebuilt motor vehicle inspection
   49  facility authorized and operating under this section.
   50         (b) “Rebuilt inspection services” means an examination of a
   51  rebuilt vehicle and a properly endorsed certificate of title,
   52  salvage certificate of title, or manufacturer’s statement of
   53  origin and an application for a rebuilt certificate of title;, a
   54  rebuilder’s affidavit;, a photograph of the junk or salvage
   55  vehicle taken before repairs began; if available, a photograph
   56  of the interior driver and passenger side of the vehicle if
   57  airbags were previously deployed and replaced;, receipts or
   58  invoices for all major component parts, as defined in s. 319.30,
   59  which were changed and repairs which were changed;, and proof
   60  that notice of rebuilding of the vehicle has been reported to
   61  the National Motor Vehicle Title Information System.
   62         (2) By July 1, 2015, The department shall oversee a pilot
   63  program in Miami-Dade County to evaluate alternatives for
   64  rebuilt inspection services offered by existing private sector
   65  participants. By July 1, 2020, the department shall expand the
   66  pilot program to include Broward County and Hillsborough County.
   67  The department may solicit and receive proposals and select up
   68  to two qualified participants per county to provide rebuilt
   69  inspection services operators, including the continued use of
   70  private facilities, the cost impact to consumers, and the
   71  potential savings to the department.
   72         (3) Upon selection, the participants must enter into the
   73  department shall establish a memorandum of understanding with
   74  the department which that allows such participants private
   75  parties participating in the pilot program to conduct rebuilt
   76  motor vehicle inspections and specifies requirements for
   77  oversight, bonding and insurance, procedures, and forms and
   78  requires the electronic transmission of documents.
   79         (4) Before a participant an applicant is allowed to furnish
   80  the rebuilt inspection services approved, the department shall
   81  ensure that the participant applicant meets basic criteria
   82  designed to protect the public. At a minimum, the participant
   83  applicant shall meet all of the following requirements:
   84         (a) Have and maintain a surety bond or irrevocable letter
   85  of credit in the amount of $100,000 executed by the applicant.
   86         (b) Secure and maintain a facility at a permanent and fixed
   87  structure which has at an address that is identified by a tax
   88  folio number and recognized by the United States Postal Service
   89  where the only services provided on such property are rebuilt
   90  inspection services. The participant operator of a facility
   91  shall annually attest that:
   92         1. He or she is not employed by or does not have an
   93  ownership interest in or other financial arrangement with the
   94  owner, operator, manager, or employee of a motor vehicle repair
   95  shop as defined in s. 559.903, a motor vehicle dealer as defined
   96  in s. 320.27(1)(c), a towing company, a vehicle storage company,
   97  a vehicle auction, an insurance company, a salvage yard, a metal
   98  retailer, or a metal rebuilder, from which the participant he or
   99  she receives remuneration, directly or indirectly, for the
  100  referral of customers for rebuilt inspection services;
  101         2. There have been no changes to the ownership structure of
  102  the approved facility; and
  103         3. The only services being provided by such participant at
  104  the facility are rebuilt inspection services.
  105         (c) Have and maintain garage liability and other insurance
  106  required by the department.
  107         (d) Have completed criminal background checks of the
  108  owners, partners, and corporate officers and the inspectors
  109  employed by the facility.
  110         (e) Have a designated office and customer waiting area that
  111  is separate from the vehicle inspection area. The vehicle
  112  inspection area must be capable of accommodating all vehicle
  113  types and must have cameras allowing the department to view and
  114  monitor each inspection.
  115         (f) The participant may not conduct an inspection of a
  116  vehicle in complete rebuilt condition without prior approval by
  117  the department.
  118         (g)(e) Meet any additional criteria the department
  119  determines necessary to conduct proper inspections.
  120         (5) Only a participant selected and approved by the
  121  department to provide rebuilt inspection services may charge or
  122  receive a fee for providing or facilitating the provision of
  123  such services.
  124         (6)(5) A participant in the program shall access vehicle
  125  and title information and enter inspection results through an
  126  electronic filing system authorized by the department and shall
  127  maintain records of each rebuilt vehicle inspection processed at
  128  such facility for at least 5 years.
  129         (7) Any applicant that fails an initial rebuilt inspection
  130  may have that vehicle reinspected only by the department or the
  131  facility that conducted the original inspection.
  132         (8)(6) The department shall conduct an onsite facility
  133  inspection at least once per quarter and shall immediately
  134  terminate any participant operator from the program who fails to
  135  meet the minimum eligibility requirements specified in
  136  subsection (4). Before a change in ownership or transfer of a
  137  rebuilt inspection facility, the current operator must give the
  138  department 45 days’ written notice of the intended sale or
  139  transfer. The prospective owner or transferee must meet the
  140  eligibility requirements of this section and execute a new
  141  memorandum of understanding with the department before operating
  142  the facility.
  143         (9)On or before July 1, 2021, the department shall submit
  144  a written report to the Speaker of the House of Representatives
  145  and President of the Senate evaluating the effectiveness of the
  146  program and whether to expand the program on a statewide basis.
  147         (7) This section is repealed on July 1, 2018, unless saved
  148  from repeal through reenactment by the Legislature.
  149         Section 2. This act shall take effect July 1, 2019.