Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1184
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/16/2015           .                                

       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    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.
   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.