Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 385, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Diaz moved the following:
    1         Senate Amendment to Amendment (869784) (with title
    2  amendment)
    4         Delete lines 176 - 300
    5  and insert:
    6         (VI) For the operation and maintenance of fixed guideway
    7  rapid transit systems and bus routes or extensions thereof,
    8  including bus rapid transit systems, which were implemented or
    9  constructed subsequent to the passage of the surtax, and for
   10  operation and maintenance of services authorized by electors in
   11  passing the surtax or included in the ordinance authorizing the
   12  levy of the surtax subject to the electorate’s approval.
   13         b.To the extent not prohibited by contracts or bond
   14  covenants in effect on October 1, 2022, no more than 25 percent
   15  of the surtax proceeds may be distributed to municipalities in
   16  total in a county as defined in s. 125.011(1). Such
   17  municipalities may use the surtax proceeds to plan, develop,
   18  construct, operate, and maintain roads and bridges in the
   19  municipality and to pay the principal and interest on bonds
   20  issued to construct roads or bridges. The governing body of the
   21  municipality may pledge the proceeds for bonds issued to
   22  refinance existing bonds or new bonds issued to construct such
   23  roads or bridges. Additionally, each such municipality may use
   24  surtax proceeds for transit systems within the municipality.
   25         Section 4. Subsection (2) of section 215.68, Florida
   26  Statutes, is amended to read:
   27         215.68 Issuance of bonds; form; maturity date, execution,
   28  sale.—
   29         (2) Such bonds may:
   30         (a) Be issued in either coupon form or registered form or
   31  both;
   32         (b) Have such date or dates of issue and such maturities,
   33  not exceeding in any event 40 years from the date of issuance
   34  thereof;
   35         (c) Bear interest at a rate or rates not exceeding the
   36  interest rate limitation set forth in s. 215.84(3);
   37         (d) Have such provisions for registration of coupon bonds
   38  and conversion and reconversion of bonds from coupon to
   39  registered form or from registered form to coupon form;
   40         (e) Have such provisions for payment at maturity and
   41  redemption before prior to maturity at such time or times and at
   42  such price or prices; and
   43         (f) Be payable at such place or places within or without
   44  the state as the board shall determine by resolution.
   46  The foregoing terms and conditions do not supersede the
   47  limitations provided in chapter 348, part I, relating to the
   48  issuance of bonds.
   49         Section 5. Notwithstanding the repeal of section 319.141,
   50  Florida Statutes, which occurred on July 1, 2018, that section
   51  is revived, reenacted, and amended to read:
   52         319.141 Pilot Rebuilt motor vehicle inspection program.—
   53         (1) As used in this section, the term:
   54         (a) “Facility” means a rebuilt motor vehicle inspection
   55  facility authorized and operating under this section.
   56         (b) “Rebuilt inspection services” means an examination of a
   57  rebuilt vehicle and a properly endorsed certificate of title,
   58  salvage certificate of title, or manufacturer’s statement of
   59  origin and an application for a rebuilt certificate of title, a
   60  rebuilder’s affidavit, a photograph of the junk or salvage
   61  vehicle taken before repairs began, if available, a photograph
   62  of the interior driver and passenger sides of the vehicle if
   63  airbags were previously deployed and replaced, receipts or
   64  invoices for all major component parts, as defined in s. 319.30,
   65  and repairs which were changed, and proof that notice of
   66  rebuilding of the vehicle has been reported to the National
   67  Motor Vehicle Title Information System.
   68         (2) By October 1, 2019 July 1, 2015, the department shall
   69  implement oversee a pilot program in Miami-Dade County to
   70  evaluate alternatives for rebuilt inspection services offered by
   71  existing private sector participants operators, including the
   72  continued use of private facilities, the cost impact to
   73  consumers, and the potential savings to the department.
   74         (3) Upon selection by the department, each participant
   75  shall enter into The department shall establish a memorandum of
   76  understanding with the department that allows such participant
   77  private parties participating in the pilot program to conduct
   78  rebuilt motor vehicle inspections and specifies requirements for
   79  oversight, bonding and insurance, procedures, and forms and
   80  requires the electronic transmission of documents. The
   81  department may examine all records pertaining to any inspection
   82  or related service performed under the rebuilt motor vehicle
   83  inspection program.
   84         (4) Before a participant an applicant is authorized to
   85  perform such rebuilt inspection services approved, the
   86  department shall ensure that the participant applicant meets
   87  basic criteria designed to protect the public. At a minimum, the
   88  participant applicant shall meet all of the following
   89  requirements:
   90         (a) Have and maintain a surety bond or irrevocable letter
   91  of credit in the amount of $100,000 executed in favor of the
   92  department. Such surety bond or letter of credit shall be issued
   93  by entities licensed to do business in this state by the
   94  applicant.
   95         (b) Secure and maintain a facility at a permanent fixed
   96  structure, as evidenced by proof of ownership or written lease
   97  at an address recognized by the United States Postal Service
   98  where the only services provided on such property are rebuilt
   99  inspection services. The facility must have permanent signage
  100  which advertises that only private rebuilt inspection services
  101  are provided at that location; posted business hours; a
  102  designated office area and customer waiting area; a rebuilt
  103  inspection area separate and visually obstructed from any area
  104  accessible to the customer; surveillance cameras with recording
  105  capabilities for the rebuilt inspection areas; and sufficient
  106  onsite customer parking. The location must be large enough to
  107  accommodate all of the vehicles being inspected and have a
  108  covered area to accommodate at least two vehicles during
  109  inclement weather. The participant operator of a facility shall
  110  annually attest that he or she does not have a direct or
  111  indirect interest in any motor vehicle that a facility has
  112  inspected or proposes to inspect; he or she is not employed by
  113  or does not have an ownership interest in or other financial
  114  arrangement with the owner, operator, manager, or employee of a
  115  motor vehicle repair shop as defined in s. 559.903, a motor
  116  vehicle dealer as defined in s. 320.27(1)(c), a towing company,
  117  a vehicle storage company, a vehicle auction, an insurance
  118  company, a salvage yard, a metal retailer, or a metal rebuilder,
  119  from which he or she receives remuneration, directly or
  120  indirectly, for the referral of customers for rebuilt inspection
  121  services; there have been no changes to the ownership structure
  122  of the approved facility; and the only services being provided
  123  by such participant at the facility are rebuilt inspection
  124  services. Only a participant selected and approved by the
  125  department may charge or receive a fee for providing or
  126  facilitating such services.
  127         (c) Have and maintain garage liability with a minimum of
  128  $100,000 single-limit liability coverage including bodily injury
  129  and property damage protection and any other insurance required
  130  by the department.
  131         (d) Have completed criminal background checks of the
  132  owners, partners, and corporate officers and the inspectors
  133  employed by the facility which demonstrate that such persons
  134  have not been convicted of a felony, pled guilty to a felony,
  136  ================= T I T L E  A M E N D M E N T ================
  137  And the title is amended as follows:
  138         Delete lines 1568 - 1575
  139  and insert:
  140         certain services; authorizing the use of surtax
  141         proceeds for the purchase of rights-of-way under
  142         certain circumstances; authorizing the use of surtax
  143         proceeds for the payment of principal and interest on,
  144         refinancing of, and issuance of certain bonds;
  145         authorizing the use of surtax proceeds for operations
  146         and maintenance of certain fixed guideway rapid
  147         transit systems, bus routes or extensions, and
  148         services; authorizing a percentage of surtax