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2021 Florida Statutes (Including 2021B Session)

Rebuilt motor vehicle inspection program.
F.S. 319.141
319.141 Rebuilt motor vehicle inspection program.
(1) As used in this section, the term:
(a) “Facility” means a rebuilt motor vehicle inspection facility authorized and operating under this section.
(b) “Rebuilt inspection services” means an examination of a rebuilt vehicle and a properly endorsed certificate of title, salvage certificate of title, or manufacturer’s statement of origin and an application for a rebuilt certificate of title, a rebuilder’s affidavit, a photograph of the junk or salvage vehicle taken before repairs began, if available, a photograph of the interior driver and passenger sides of the vehicle if airbags were previously deployed and replaced, receipts or invoices for all major component parts, as defined in s. 319.30, and repairs which were changed, and proof that notice of rebuilding of the vehicle has been reported to the National Motor Vehicle Title Information System.
(2) By October 1, 2019, the department shall implement a program in Miami-Dade County for rebuilt inspection services offered by private sector participants.
(3) Upon selection by the department, each participant shall enter into a memorandum of understanding with the department that allows such participant to conduct rebuilt motor vehicle inspections and specifies requirements for oversight, bonding and insurance, procedures, and forms and requires the electronic transmission of documents. The department may examine all records pertaining to any inspection or related service performed under the rebuilt motor vehicle inspection program.
(4) Before a participant is authorized to perform such rebuilt inspection services, the department shall ensure that the participant meets basic criteria designed to protect the public. At a minimum, the participant shall meet all of the following requirements:
(a) Have and maintain a surety bond or irrevocable letter of credit in the amount of $100,000 executed in favor of the department. Such surety bond or letter of credit shall be issued by entities licensed to do business in this state.
(b) Secure and maintain a facility at a permanent fixed structure, as evidenced by proof of ownership or written lease at an address recognized by the United States Postal Service where the only services provided on such property are rebuilt inspection services. The facility must have permanent signage which advertises that only private rebuilt inspection services are provided at that location; posted business hours; a designated office area and customer waiting area; a rebuilt inspection area separate and visually obstructed from any area accessible to the customer; surveillance cameras with recording capabilities for the rebuilt inspection areas; and sufficient onsite customer parking. The location must be large enough to accommodate all of the vehicles being inspected and have a covered area to accommodate at least two vehicles during inclement weather. The participant shall annually attest that he or she does not have a direct or indirect interest in any motor vehicle that a facility has inspected or proposes to inspect; he or she is not employed by or does not have an ownership interest in or other financial arrangement with the owner, operator, manager, or employee of a motor vehicle repair shop as defined in s. 559.903, a motor vehicle dealer as defined in s. 320.27(1)(c), a towing company, a vehicle storage company, a vehicle auction, an insurance company, a salvage yard, a metal retailer, or a metal rebuilder from which he or she receives remuneration, directly or indirectly, for the referral of customers for rebuilt inspection services; there have been no changes to the ownership structure of the approved facility; and the only services being provided by such participant at the facility are rebuilt inspection services. Only a participant selected and approved by the department may charge or receive a fee for providing or facilitating such services.
(c) Have and maintain garage liability with a minimum of $100,000 single-limit liability coverage including bodily injury and property damage protection and any other insurance required by the department.
(d) Have completed criminal background checks of the owners, partners, and corporate officers and the inspectors employed by the facility which demonstrate that such persons have not been convicted of a felony, pled guilty to a felony, pled nolo contendere to a felony, or been incarcerated for a felony in the previous 10 years.
(e) Meet any additional criteria the department determines necessary to conduct proper inspections.
(5) A participant may not conduct an inspection of a vehicle in complete rebuilt condition without prior approval by the department. A person or entity other than the department or a participant authorized by the department may not conduct rebuilt inspection services.
(6) A participant in the program shall access vehicle and title information and enter inspection results through an electronic filing system authorized by the department and shall maintain records of each rebuilt vehicle inspection processed at such facility for at least 5 years.
(7) A vehicle owner who fails an initial rebuilt inspection may only have that vehicle reinspected by the department or the facility that conducted the original inspection.
(8) The department shall conduct an onsite facility inspection at least once per quarter and shall immediately terminate any participant from the program who fails to meet the minimum eligibility requirements specified in subsection (4). Before a change in ownership of a rebuilt inspection facility, the current operator must give the department 45 days’ written notice of the intended sale or transfer. The prospective owner must meet the eligibility requirements of this section and execute a new memorandum of understanding with the department before operating the facility.
(9) The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement and enforce this section.
(10) On or before July 1, 2021, the department shall submit a written report to the President of the Senate and the Speaker of the House of Representatives evaluating the effectiveness of the program and whether to expand the program to other counties.
History.s. 21, ch. 2013-160; s. 6, ch. 2015-163; s. 6, ch. 2019-4; s. 5, ch. 2019-169.