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





                                                  SENATE AMENDMENT

    Bill No. SB 1092

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Klein moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsection (7) of section 316.008, Florida

18  Statutes, is added to read:

19         316.008  Powers of local authorities.--

20         (7)  A county or municipality may enact an ordinance

21  providing for the violation of vehicle emissions standards as

22  determined by a mobile or hand-held unit, as defined in s.

23  325.202.  The ordinance shall provide for a warning to repair

24  the vehicle in accordance with emissions standards, and to

25  retest the vehicle within 90 days or be subject to the

26  nonrenewal of the vehicle registration.

27         Section 2.  Section 325.202, Florida Statutes, is

28  amended to read:

29         325.202  Definitions.--As used in this act, the term:

30         (1)  "Air pollution control equipment" means any

31  equipment or feature installed by the manufacturer or replaced

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                                                  SENATE AMENDMENT

    Bill No. SB 1092

    Amendment No.    





 1  with a device or system equivalent in design and function to

 2  the part that was originally installed on the motor vehicle

 3  which constitutes an operational element of the air pollution

 4  control system or mechanism of a motor vehicle.

 5         (2)  "Contractor" means any person, corporation, or

 6  partnership with whom the department may enter into a contract

 7  for the purchase, lease, design, construction, equipment,

 8  maintenance, personnel, management, and operation of an

 9  inspection station.

10         (3)  "Dealer certificate" means an inspection

11  certificate issued to a motor vehicle dealer, motor vehicle

12  broker as defined in s. 320.27, mobile home dealer as defined

13  in s. 320.77, or recreational vehicle dealer as defined in s.

14  320.771, indicating that a motor vehicle has passed an

15  emissions inspection, which grants the dealer or broker 12

16  months in which to sell at retail the identified motor vehicle

17  owned by the dealer or broker.

18         (4)  "Department" means the Department of Highway

19  Safety and Motor Vehicles.

20         (5)  "Federal act" means the federal Clean Air Act, as

21  amended, and regulations issued by the United States

22  Environmental Protection Agency under that act.

23         (6)  "Inspection" means the determination of the level

24  of exhaust emissions of a motor vehicle and of the existence

25  of tampering.

26         (7)  "Inspection certificate" means a serially numbered

27  form issued by an inspection station, reinspection facility,

28  or self-inspector indicating that the identified motor vehicle

29  has been inspected and passed inspection.

30         (8)  "Inspection station" means a facility, other than

31  a self-inspection facility, situated in a permanent structure

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                                                  SENATE AMENDMENT

    Bill No. SB 1092

    Amendment No.    





 1  or a mobile unit, for the purpose of conducting emissions

 2  inspections of motor vehicles as required by this act. Mobile

 3  or hand-held units may substitute permanent structures, for

 4  the purpose of conducting emissions inspections of motor

 5  vehicles as required by this act and violations of emissions

 6  standards as determined by mobile or hand-held units are

 7  enforceable under s. 316.008.

 8         (9)  "Motor vehicle" means any self-propelled vehicle

 9  required to be registered under s. 320.02.

10         (10)  "Nonattainment area" means an area which has been

11  designated by the administrator of the United States

12  Environmental Protection Agency (EPA), pursuant to the federal

13  act, as exceeding national primary or secondary ambient air

14  quality standards for the pollutants carbon monoxide or ozone.

15         (10)(11)  "Program area" means Hillsborough and

16  Pinellas Counties, so long as the Department of Highway Safety

17  and Motor Vehicles has a vendor under state contract to

18  operate a motor vehicle inspection program in these counties.

19  Additionally, "program area" includes counties that

20  voluntarily request inclusion under the provision of s.

21  325.204 designated by the Department of Environmental

22  Protection as air-quality nonattainment areas in accordance

23  with this act, counties which voluntarily request inclusion

24  pursuant to the provisions of s. 325.204, and counties

25  previously designated as nonattainment areas that are

26  operating under a United States

27  Environmental-Protection-Agency-approved maintenance plan.

28         (11)(12)  "Reinspection facility" means any motor

29  vehicle repair shop as defined in s. 559.903(7) which has been

30  licensed by the department pursuant to the provisions of s.

31  325.212.

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                                                  SENATE AMENDMENT

    Bill No. SB 1092

    Amendment No.    





 1         (12)(13)  "Self-inspector" means any person or

 2  governmental entity that owns or leases at least 25 motor

 3  vehicles, including vehicles held for resale by a motor

 4  vehicle dealer licensed under chapter 320, and is licensed by

 5  the department to inspect such vehicles.

 6         (13)(14)  "Tamper" means to dismantle, remove, or

 7  render ineffective any air pollution control equipment which

 8  has been installed on a motor vehicle by the vehicle

 9  manufacturer except to replace such device or system with a

10  device or system equivalent in design and function to the part

11  that was originally installed on the motor vehicle.

12         (14)(15)  "Short-term rental vehicle" means a motor

13  vehicle leased without a driver and under a written agreement

14  to one or more persons from time to time for a period of less

15  than 3 months.

16         Section 3.  Subsection (4) of section 320.055, Florida

17  Statutes, is amended to read:

18         320.055  Registration periods; renewal periods.--The

19  following registration periods and renewal periods are

20  established:

21         (4)  For a vehicle subject to registration under s.

22  320.08(13), for vehicles subject to registration under s.

23  320.08(6)(a) that are short-term rental vehicles, as defined

24  in s. 325.202(14)(15), and for any vehicle for which a

25  registration period is not otherwise specified, the

26  registration period begins June 1 and ends May 31. For a

27  vehicle subject to this registration period, the renewal

28  period is the 30-day period beginning June 1.

29         Section 4.  Paragraphs (k) and (l) of subsection (4) of

30  section 325.203, Florida Statutes, are amended and subsection

31  (9) is added to said section to read:

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                                                  SENATE AMENDMENT

    Bill No. SB 1092

    Amendment No.    





 1         325.203  Motor vehicles subject to annual inspection;

 2  exemptions.--

 3         (4)  The following motor vehicles are not subject to

 4  inspection:

 5         (k)  New motor vehicles, as defined in s. 319.001(4).

 6  Such vehicles are exempt from the inspection requirements of

 7  this act. at the time of the first registration by the

 8  original owner and, thereafter, are subject to the inspection

 9  requirements of this act. Beginning May 1, 2000, such vehicles

10  are exempt from those inspection requirements for a period of

11  2 years from the date of purchase.

12         (l)  New motor vehicles as defined in s. 319.001(4)

13  which are utilized as short-term rental vehicles and licensed

14  under s. 320.08(6)(a). Such vehicles are exempt from the

15  inspection requirements. of this act at the time of the first

16  registration. Said vehicles are also exempt from the

17  inspection requirements of this act at the time of the first

18  registration renewal by the original owner, provided this

19  renewal occurs prior to the expiration of 12 months from the

20  date of first registration of the motor vehicle. Beginning May

21  1, 2000, such vehicles are exempt from those inspection

22  requirements for a period of 2 years from the date of

23  purchase.

24         (9)  Should the Department of Environmental Protection

25  determine that levels of nitrogen oxide emitted from

26  stationary sources be of a level to offset the gains achieved

27  or anticipated to be achieved by the motor vehicle inspection

28  program such program shall be subject to termination pursuant

29  to the contract and this act.  This provision shall not be

30  used to mandate or permit additional regulatory authority for

31  the department concerning stationary sources.

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                                                  SENATE AMENDMENT

    Bill No. SB 1092

    Amendment No.    





 1         Section 5.  Section 325.205, Florida Statutes, is

 2  created to read:

 3         325.205  State implementation plan.--

 4           The Department of Environmental Protection shall seek

 5  the necessary approval by January 1, 2001, to amend the state

 6  implementation plan to reflect the current motor vehicle

 7  inspection plan and any air quality improvements which offset

 8  the motor vehicle inspection program reductions in accordance

 9  with the Clean Air Act.  Once approval is received from the

10  United States Environmental Protection Agency then the

11  department shall seek an expedited amendatory process to amend

12  the plan.

13         Section 6.  Subsections (8) and (11) of section

14  325.207, Florida Statutes, are amended to read:

15         325.207  Inspection stations; department contracts;

16  inspection requirements; recordkeeping.--

17         (8)  Any contract authorized under this section shall

18  contain:

19         (a)  A contract term of 1 year not less than 5 years of

20  actual test operations with annual renewals thereafter subject

21  to the concurrence of the Department of Highway Safety and

22  Motor Vehicles and the Department of Environmental Protection.

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

24  requires the state to purchase any asset or assume any

25  liability if such contract is not renewed.

26         (c)  Minimum requirements for adequate staff,

27  equipment, management, and operating hours which may include

28  evening or weekend hours or both.

29         (d)  Provisions for surveillance by the department of

30  the contractor to ensure compliance with emissions test

31  standards and applicable procedures, rules, regulations, and

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                                                  SENATE AMENDMENT

    Bill No. SB 1092

    Amendment No.    





 1  laws.

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

 3  contractor, to terminate the contract with the contractor and

 4  assume operation of the motor vehicle emissions inspection

 5  station.

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

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

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

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

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

11  the contractor in the operation of an inspection station.

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

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

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

15  reasonable compensation, any contract rights and related

16  obligations for land, buildings, improvements, and equipment

17  used by the contractor in the operation of the inspection

18  station.

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

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

21  improvements, and equipment used in the operation of the

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

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

24         (i)  No damages of any type, including liquidated

25  damages, shall be A procedure for determining the damages

26  payable by the state to the contractor if the Legislature

27  abolishes the inspection program at any time prior to the

28  conclusion of the contract term.  This procedure must specify

29  that the contractor and the department have 120 days from the

30  effective date of the termination of the program to negotiate

31  an amount to be paid to the contractor as reasonable

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 1  compensation for its loss resulting from the termination of

 2  the contract due to the termination of the program.  If the

 3  contractor and the department are not able to agree to an

 4  amount by the end of the 120-day period, the department shall

 5  determine the amount of reasonable compensation and notify the

 6  contractor in writing of its determination within 14 days of

 7  the end of the negotiation period and shall offer the

 8  contractor a point of entry to a proceeding under ss. 120.569

 9  and 120.57 pursuant to the department's rules of procedure.

10  This provision must specify that payment of such compensation

11  to the contractor is subject to appropriation of funds for

12  this purpose by the Legislature and that the department agrees

13  in good faith to request the Legislature to appropriate the

14  funds to pay such reasonable compensation.  The damages

15  recoverable by the contractor if the Legislature abolishes the

16  program shall be limited to the funds appropriated by the

17  Legislature pursuant to this section.

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

19  inspection fees collected, deemed necessary by the department

20  for the administration or enforcement of the emissions

21  inspection contract.

22         (k)  A provision requiring compliance with minority

23  business enterprise procurement goals set forth in s. 287.0945

24  in contracts for the construction of inspection stations and

25  for document printing costs and costs associated with the

26  maintenance, repair, reconstruction, renovation, and expansion

27  of inspection stations. Each contractor shall submit to the

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

29  certifying compliance with the provisions of this paragraph.

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

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

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 1  inspection operations under the contract, elect to waive

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

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

 4         (m)  A provision requiring that the contractor

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

 6  availability of county facilities formerly used for the

 7  inspection of motor vehicles and that the contractor explore

 8  with appropriate county officials the feasibility of the

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

10  for use as inspection stations.

11         (n)  A provision authorizing the department to amend

12  the contract if the Legislature enacts legislation that

13  changes the number of motor vehicle model years that are

14  subject to inspection requirements.

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

16  or canceled by the department upon statewide implementation of

17  clean fuel requirements promulgated by the United States

18  Environmental Protection Agency.

19         (11)  Before accepting proposals, the department shall

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

21  department shall contract with a private contractor for the

22  exclusive right to conduct vehicle inspections in each program

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

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

25  conduct vehicle inspections in more than one contract zone.

26         Section 7.  Section 325.2135, Florida Statutes, is

27  amended to read:

28         325.2135  Motor vehicle emissions inspection program;

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

30  emissions inspection program contracts for a period of time

31  sufficient to implement new contracts resulting from

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 1  competitive proposals, and shall enter into and implement one

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

 3  inspection program for vehicles, except the current model year

 4  and the six two prior model years, using an expanded

 5  inspection test the basic test for hydrocarbon emissions and

 6  carbon monoxide emissions and oxides of nitrogen.  The

 7  requirements for the program included in the contract

 8  proposals must be based on the requirements under this chapter

 9  unless those requirements conflict with this section. No

10  contract entered into under this subsection may be for longer

11  than 1 year, with annual renewals thereafter, in accordance

12  with the provisions of s. 325.207(8)(a) 7 years. Any contract

13  authorized under this section must contain a provision that,

14  after 4 years, the department reserves the right to cancel the

15  contract upon 6 months' notice to the contractor.

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

17  motor vehicle inspection proposed by the Department of Highway

18  Safety and Motor Vehicles may not exceed $8 $19 per

19  inspection.

20         Section 8.  Section 325.2175, Florida Statutes, is

21  created to read:

22         325.2175  Inspection equipment--

23         Any air monitoring device utilized by the Department of

24  Environmental Protection in determining ambient air quality in

25  program areas and that registers levels indicating

26  nonattainment with federal air quality standards shall be

27  tested to determine the accuracy of such data and recalibrated

28  as necessary.

29         Section 9.  This act shall take effect July 1, 2000.

30

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                                                  SENATE AMENDMENT

    Bill No. SB 1092

    Amendment No.    





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

 2  And the title is amended as follows:

 3         Delete everything before the enacting clause

 4

 5  and insert:

 6                      A bill to be entitled

 7         An act relating to motor vehicle emissions;

 8         amending s. 316.008, F.S.; to provide

 9         enforcement vehicle emissions violations;

10         amending s. 325.202, F.S.; revising

11         definitions; amending s. 320.055, F.S.;

12         revising a cross reference to conform; amending

13         s. 325.203, F.S.; exempting certain new motor

14         vehicles from inspection requirements;

15         providing for termination of program under

16         certain circumstances; creating s. 325.205,

17         F.S.; conforming the state implementation plan;

18         amending s. 325.207, F.S.; providing for a new

19         contract term with annual renewals; eliminating

20         liquidated damages; revising provisions

21         relating to the termination of motor vehicle

22         emissions contracts; providing for contracts in

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

24         revising procedures to be included in motor

25         vehicle emissions contracts; reducing maximum

26         fee for inspection; expanding inspection

27         testing; creating s. 325.2175, F.S.; providing

28         for testing the accuracy of inspection

29         equipment; providing an effective date.

30

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