Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1104
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    4         Between lines 82 and 83
    5  insert:
    6         Section 1. Section 319.141, Florida Statutes, is amended to
    7  read:
    8         319.141 Pilot rebuilt motor vehicle inspection program.—
    9         (1) As used in this section, the term:
   10         (a) “Facility” means a rebuilt motor vehicle inspection
   11  facility authorized and operating under this section.
   12         (b) “Rebuilt inspection services” means an examination of a
   13  rebuilt vehicle and a properly endorsed certificate of title,
   14  salvage certificate of title, or manufacturer’s statement of
   15  origin and an application for a rebuilt certificate of title, a
   16  rebuilder’s affidavit, a photograph of the junk or salvage
   17  vehicle taken before repairs began, a photograph of the interior
   18  driver and passenger sides of the vehicle if airbags were
   19  previously deployed and replaced, receipts or invoices for all
   20  major component parts, as defined in s. 319.30, and repairs
   21  which were changed, and proof that notice of rebuilding of the
   22  vehicle has been reported to the National Motor Vehicle Title
   23  Information System.
   24         (2) By July 1, 2015, The department shall oversee a pilot
   25  program in Miami-Dade County to evaluate alternatives for
   26  rebuilt inspection services offered by existing private sector
   27  operators, including the continued use of private facilities,
   28  the cost impact to consumers, and the potential savings to the
   29  department.
   30         (3) The department shall establish a memorandum of
   31  understanding that allows private parties participating in the
   32  pilot program to conduct rebuilt motor vehicle inspections and
   33  specifies requirements for oversight, bonding and insurance,
   34  procedures, and forms and requires the electronic transmission
   35  of documents.
   36         (4) Before an applicant is approved or renewed, the
   37  department shall ensure that the applicant meets basic criteria
   38  designed to protect the public. At a minimum, the applicant
   39  shall meet all of the following requirements:
   40         (a) Have and maintain a surety bond or irrevocable letter
   41  of credit in the amount of $100,000 executed by the applicant.
   42         (b) Secure and maintain a facility at a permanent fixed
   43  structure which has at an address identified by a county-issued
   44  tax folio number and recognized by the United States Postal
   45  Service where the only services provided on such property are
   46  rebuilt inspection services. The operator of a facility shall
   47  annually attest that:
   48         1. He or she is not employed by or does not have an
   49  ownership interest in or other financial arrangement with the
   50  owner, operator, manager, or employee of a motor vehicle repair
   51  shop as defined in s. 559.903, a motor vehicle dealer as defined
   52  in s. 320.27(1)(c), a towing company, a vehicle storage company,
   53  a vehicle auction, an insurance company, a salvage yard, a metal
   54  retailer, or a metal rebuilder, from which he or she receives
   55  remuneration, directly or indirectly, for the referral of
   56  customers for rebuilt inspection services;
   57         2. There have been no changes to the ownership structure of
   58  the approved facility; and
   59         3. The only services being provided by the operator of the
   60  facility at the property are rebuilt vehicle inspection services
   61  approved by the department.
   62         (c) Have and maintain garage liability and other insurance
   63  required by the department.
   64         (d) Have completed criminal background checks of the
   65  owners, partners, and corporate officers and the inspectors
   66  employed by the facility.
   67         (e) Have a designated office and customer waiting area that
   68  is separate from and not within view of the vehicle inspection
   69  area. The vehicle inspection area must be capable of
   70  accommodating all vehicle types and must be equipped with
   71  cameras allowing the department to view and monitor every
   72  inspection.
   73         (f)(e) Meet any additional criteria the department
   74  determines necessary to conduct proper inspections.
   75         (5) A participant in the program shall access vehicle and
   76  title information and enter inspection results through an
   77  electronic filing system authorized by the department and shall
   78  maintain records of each rebuilt vehicle inspection processed at
   79  such facility for at least 5 years.
   80         (6) A participant in the program may not conduct an
   81  inspection of a vehicle rebuilt before its purchase by the
   82  current applicant. Such vehicles must be inspected by the
   83  department.
   84         (7) Any applicant for a rebuilt title that fails an initial
   85  rebuilt inspection may have that vehicle reinspected only by the
   86  department or the facility that conducted the original
   87  inspection.
   88         (8) Any person or business authorized by the department to
   89  train, certify, or recertify operators and inspectors of private
   90  rebuilt motor vehicle inspection facilities may not certify or
   91  recertify themselves or any of their employees.
   92         (9)(6) The department shall conduct an onsite facility
   93  inspection at least twice a year and shall immediately terminate
   94  any operator from the program who fails to meet the minimum
   95  eligibility requirements specified in subsection (4). Before any
   96  a change in ownership or transfer of a rebuilt inspection
   97  facility, the current operator must give the department 45 days’
   98  written notice of the intended sale or transfer. The prospective
   99  owner or transferee must meet the eligibility requirements of
  100  this section and execute a new memorandum of understanding with
  101  the department before operating the facility.
  102         (10)(7) This section is repealed on July 1, 2020 2018,
  103  unless saved from repeal through reenactment by the Legislature.
  104  On or before January 1, 2019, the department shall submit a
  105  written report to the Governor and Cabinet evaluating the
  106  current program and the benefits to the consumer and the
  107  department.
  109  ================= T I T L E  A M E N D M E N T ================
  110  And the title is amended as follows:
  111         Delete line 2
  112  and insert:
  113         An act relating to transportation; amending s.
  114         319.141, F.S.; redefining the term “rebuilt inspection
  115         services”; deleting obsolete language; requiring the
  116         Department of Highway Safety and Motor Vehicles to
  117         ensure that an applicant of the pilot rebuilt motor
  118         vehicle inspection program meets basic criteria
  119         designed to protect the public before the applicant is
  120         renewed; revising requirements for the applicant;
  121         requiring the operator of a facility to annually make
  122         certain attestations; prohibiting a program
  123         participant from conducting an inspection of a vehicle
  124         rebuilt before its purchase by the current applicant;
  125         requiring that such vehicles be inspected by the
  126         department; requiring any applicant that fails an
  127         initial rebuilt inspection to have that vehicle
  128         reinspected only by the department or the facility
  129         that conducted the original inspection; prohibiting
  130         any person or business authorized by the department to
  131         train, certify, or recertify operators and inspectors
  132         of private rebuilt motor vehicle inspection facilities
  133         from certifying or recertifying themselves or any of
  134         their employees; requiring the department to conduct
  135         an onsite facility inspection at least twice a year;
  136         requiring a current operator to give the department
  137         certain notice of a transfer before any transfer of a
  138         rebuilt inspection facility; requiring a transferee to
  139         meet certain eligibility requirements and execute a
  140         new memorandum of understanding with the department
  141         before operating the facility; extending the date for
  142         future repeal of this section; requiring the
  143         department to submit a certain written report to the
  144         Governor and Cabinet, on or before a specified date;
  145         amending