Senate Bill sb1836

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    Florida Senate - 2004                                  SB 1836

    By Senator Crist





    12-345-04

  1                      A bill to be entitled

  2         An act relating to motor vehicle emissions;

  3         amending s. 316.2935, F.S.; authorizing persons

  4         to report the license plate number of a vehicle

  5         emitting visible emissions from its exhaust

  6         pipe to the Department of Environmental

  7         Protection via a telephone hotline; providing

  8         for a caller to the hotline to remain

  9         anonymous; requiring the department to maintain

10         a database for tracking reports and notify the

11         vehicle owner; requiring the department to

12         notify the local law enforcement agency

13         following receipt of three reports within a

14         specified period from different sources;

15         requiring the department to conduct an

16         educational awareness campaign; requiring

17         information to be included in driver's license

18         handbooks; providing an effective date.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Section 316.2935, Florida Statutes, is

23  amended to read:

24         316.2935  Air pollution control equipment; tampering

25  prohibited; penalty.--

26         (1)(a)  It is unlawful for any person or motor vehicle

27  dealer as defined in s. 320.27 to offer or display for retail

28  sale or lease, sell, lease, or transfer title to, a motor

29  vehicle in Florida that has been tampered with in violation of

30  this section, as determined pursuant to subsection (8) (7).

31  Tampering is defined as the dismantling, removal, or rendering

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    Florida Senate - 2004                                  SB 1836
    12-345-04




 1  ineffective of any air pollution control device or system

 2  which has been installed on a motor vehicle by the vehicle

 3  manufacturer except to replace such device or system with a

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

 5  that was originally installed on the motor vehicle.  All motor

 6  vehicles sold, reassigned, or traded to a licensed motor

 7  vehicle dealer are exempt from this paragraph.

 8         (b)  At the time of sale, lease, or transfer of title

 9  of a motor vehicle, the seller, lessor, or transferor shall

10  certify in writing to the purchaser, lessee, or transferee

11  that the air pollution control equipment of the motor vehicle

12  has not been tampered with by the seller, lessor, or

13  transferor or their agents, employees, or other

14  representatives. A licensed motor vehicle dealer shall also

15  visually observe those air pollution control devices listed by

16  department rule pursuant to subsection (8) (7), and certify

17  that they are in place, and appear properly connected and

18  undamaged.  Such certification shall not be deemed or

19  construed as a warranty that the pollution control devices of

20  the subject vehicle are in functional condition, nor does the

21  execution or delivery of this certification create by itself

22  grounds for a cause of action between the parties to this

23  transaction.

24         (c)  All motor vehicles sold, reassigned, or traded by

25  a licensed motor vehicle dealer to a licensed motor vehicle

26  dealer, all new motor vehicles subject to certification under

27  s. 207, Clean Air Act, 42 U.S.C. s. 7541, and all lease

28  agreements for 30 days or less are exempt from this

29  subsection. Also exempt from this subsection are sales of

30  motor vehicles for salvage purposes only.

31  

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    Florida Senate - 2004                                  SB 1836
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 1         (2)  No person shall operate any gasoline-powered motor

 2  vehicle, except a motorcycle, moped, scooter, or an imported

 3  nonconforming motor vehicle which has received a one-time

 4  exemption from federal emission control requirements under 40

 5  C.F.R. 85, subpart P, on the public roads and streets of this

 6  state which emits visible emissions from the exhaust pipe for

 7  more than a continuous period of 5 seconds, and no person

 8  shall operate on the public roads or streets of this state any

 9  motor vehicle that has been tampered with in violation of this

10  section, as determined pursuant to subsection (8) (7).

11         (3)  No person shall operate on the public roads or

12  streets of this state any diesel-powered motor vehicle which

13  emits visible emissions from the exhaust pipe for more than a

14  continuous period of 5 seconds, except during engine

15  acceleration, engine lugging, or engine deceleration.

16         (4)(a)  Any person having knowledge of violation of

17  subsection (2) or subsection (3) may report the license plate

18  number of the vehicle to the Department of Environmental

19  Protection through a telephone hotline maintained by the

20  department for the purpose of receiving such reports. A caller

21  to the hotline may remain anonymous, and, if the caller

22  provides his or her name, the name shall be kept confidential.

23         (b)  The Department of Environmental Protection shall

24  maintain a database to monitor the reports. Upon receipt of

25  three reports within one 3-month period from different sources

26  concerning the same vehicle, the Department of Environmental

27  Protection shall send notice to the owner of record, as

28  determined by the Department of Highway Safety and Motor

29  Vehicles, that the vehicle is not in compliance with this

30  section. If, after the owner has been notified, a subsequent

31  report is received, the Department of Environmental Protection

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    Florida Senate - 2004                                  SB 1836
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 1  shall notify the local law enforcement agency of the name and

 2  address of the owner of the vehicle for the purpose of issuing

 3  a citation to the owner of the vehicle.

 4         (c)  The Department of Environmental Protection shall

 5  provide an educational awareness campaign to inform the public

 6  of the requirements of this subsection. The Department of

 7  Highway Safety and Motor Vehicles shall provide information

 8  concerning this subsection in all driver's license handbooks

 9  published after January 1, 2005.

10         (5)(4)  This section shall be enforced by the

11  Department of Environmental Protection and any law enforcement

12  officer of this state as defined in s. 112.531.

13         (6)(5)  Any person who knowingly and willfully violates

14  subsection (1) shall be punished as follows:

15         (a)  For a first violation, violators shall be guilty

16  of a misdemeanor of the second degree, punishable as provided

17  in s. 775.082 or s. 775.083, except that a motor vehicle

18  dealer shall be guilty of a misdemeanor of the first degree,

19  punishable as provided in s. 775.082 or s. 775.083.

20         (b)  For a second or subsequent offense, violators,

21  including motor vehicle dealers, shall be guilty of a

22  misdemeanor of the first degree, punishable as provided in s.

23  775.082 or s. 775.083.  In addition, the Department of Highway

24  Safety and Motor Vehicles may temporarily or permanently

25  revoke or suspend the motor vehicle dealer license authorized

26  pursuant to the provisions of s. 320.27.

27         (7)(6)  Except as provided in subsection (6) (5), any

28  person who violates subsection (1), subsection (2), or

29  subsection (3) shall be charged with a noncriminal traffic

30  infraction, punishable as a nonmoving violation as provided in

31  chapter 318. However, the penalty may be reduced if the person

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    Florida Senate - 2004                                  SB 1836
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 1  committing the violation corrects the violation pursuant to

 2  the provisions of s. 316.6105.

 3         (8)(7)  The Department of Environmental Protection

 4  shall adopt rules that define the specific wording of the

 5  required certification and the circumstances under which the

 6  certificate is not required. In addition, the department shall

 7  adopt rules as necessary to conform to requirements of federal

 8  law, to establish procedures to determine compliance with this

 9  section, including specifying what tampering activities

10  constitute a violation of this section, and to provide for

11  exceptions and waivers. For those rules applicable pursuant to

12  subsection (1) to licensed motor vehicle dealers for

13  certification by visual observation, the air pollution control

14  devices or systems that shall be included in such

15  certification for motor vehicles dated model year 1981 or

16  later are the catalytic converter, fuel inlet restrictor,

17  unvented fuel cap, exhaust gas recirculation system (EGR), air

18  pump and/or air injector system (AIS), and fuel evaporative

19  emissions system (EVP). The department may by rule remove or

20  add devices or systems to this test if justified by

21  developments in air pollution control technology or changes in

22  federal law.

23         Section 2.  This act shall take effect January 1, 2005.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Authorizes any person to report a vehicle emitting
      visible emissions from its exhaust pipe to the Department
28    of Environmental Protection. Requires the department to
      notify the vehicle owner and notify the local law
29    enforcement agency of multiple reports concerning the
      same vehicle. Requires the department to conduct an
30    educational awareness campaign. (See bill for details.)

31  

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