Title: Rebuilt Motor Vehicle Inspection Program

Summary: Revising the definition of the term "rebuilt inspection services"; requiring the Department of Highway Safety and Motor Vehicles to oversee a pilot program in Miami-Dade County for rebuilt inspection services offered by private sector participants; requiring, by a specified date, the department to expand the pilot program to include Broward County and Hillsborough County; authorizing the department to solicit and receive proposals and select up to two qualified participants per county to provide rebuilt inspection services, etc.

Full Text:
An act relating to the rebuilt motor vehicle inspection program; reviving, reenacting, and amending s. 319.141, F.S.; revising the definition of the term  rebuilt inspection services ; requiring the Department of Highway Safety and Motor Vehicles to oversee a pilot program in Miami-Dade County for rebuilt inspection services offered by private sector participants; requiring, by a specified date, the department to expand the pilot program to include Broward County and Hillsborough County; authorizing the department to solicit and receive proposals and select up to two qualified participants per county to provide rebuilt inspection services; requiring participants, upon selection, to enter into a certain memorandum of understanding with the department; requiring that the department ensure that the participant meets basic criteria designed to protect the public before a participant is allowed to furnish the rebuilt inspection services; requiring the participant to meet specified requirements; providing that only a participant selected and approved by the department to provide rebuilt inspection services may charge or receive a fee for providing or facilitating the provision of such services; providing that any applicant that fails an initial rebuilt inspection may have that vehicle reinspected only by the department or the facility that conducted the original inspection; requiring that the department conduct an onsite facility inspection at least once per quarter and immediately terminate a participant under certain circumstances; requiring that a current operator of a rebuilt inspection facility give the department certain written notice of a transfer; providing requirements for the transferee; requiring the department to submit a certain written report to the Legislature by a specified date; repealing an obsolete provision; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Notwithstanding the repeal of section 319.141, Florida Statutes, which occurred on July 1, 2018, that section is revived, reenacted, and amended to read: 319.141  Pilot Rebuilt motor vehicle inspection pilot program.  (1) As used in this section, the term: (a) Facility  means a rebuilt motor vehicle inspection facility authorized and operating under this section. (b) Rebuilt inspection services  means an examination of a rebuilt vehicle and a properly endorsed certificate of title, salvage certificate of title, or manufacturer s statement of origin and an application for a rebuilt certificate of title;, a rebuilder s affidavit;, a photograph of the junk or salvage vehicle taken before repairs began;if available, a photograph of the interior driver and passenger side of the vehicle if airbags were previously deployed and replaced;,receipts or invoices for all major component parts, as defined in s. 319.30, which were changed and repairs which were changed;, and proof that notice of rebuilding of the vehicle has been reported to the National Motor Vehicle Title Information System. (2)  By July 1, 2015, The department shall oversee a pilot program in Miami-Dade County to evaluate alternatives for rebuilt inspection services offered by existing private sector participants. By July 1, 2020, the department shall expand the pilot program to include Broward County and Hillsborough County. The department may solicit and receive proposals and select up to two qualified participants per county to provide rebuilt inspection services operators, including the continued use of private facilities, the cost impact to consumers, and the potential savings to the department.(3)  Upon selection, the participants must enter in to the department shall establish a memorandum of understanding with the department which that allows such participants private parties participating in the pilot program to conduct rebuilt motor vehicle inspections and specifies requirements for oversight, bonding and insurance, procedures, and forms and requires the electronic transmission of documents. (4) Before a participant an applicant is allowed to furnish the re built inspection services approved,the department shall ensure that the participant applicant meets basic criteria designed to protect the public. At a minimum, the participant applicant shall meet all of the following requirements: (a) Have and maintain a surety bond or irrevocable letter of credit in the amount of $100,000 executed by the applicant. (b) Secure and maintain a facility at a permanent and fixed structure which has at an address that is identified by a tax folio number and recognized by the United States Postal Service where the only services provided on such property are rebuilt inspection services. The participant operator of a facility shall annually attest that:1.  He or she is not employed by or does not have an ownership interest in or other financial arrangement with the owner, operator, manager, or employee of a motor vehicle repair shop as defined in s. 559.903, a motor vehicle dealer as defined in s. 320.27(1)(c), a towing company, a vehicle storage company, a vehicle auction, an insurance company, a salvage yard, a metal retailer, or a metal rebuilder, from which the participant he or she receives remuneration, directly or indirectly, for the referral of customers for rebuilt inspection services;2. There have been no changes to the ownership structur eof the approved facility; and 3. T he only services being provided by such participant at the facility are rebuilt inspection services.(c) Have and maintain garage liability and other insurance required by the department. (d) Have completed criminal background checks of the owners, partners, and corporate officers and the inspectors employed by the facility. (e)  Have a designated office and customer waiting area that is separate from the vehicle inspection area. The vehicle inspection area must be capable of accommodating all vehicle types and must have cameras allowing the department to view and monitor each inspection. (f) The participant may not conduct an inspection of a vehicle in complete rebuilt condition without pr ior approval by the department. (g) (e)  Meet any additional criteria the department determines necessary to conduct proper inspections. (5)  Only a participant selected and approved by the department to provide rebuilt inspection services may charge or receive a fee for providing or facilitating the provision of such services. (6) (5)  A participant in the program shall access vehicle and title information and enter inspection results through an electronic filing system authorized by the department and shall maintain records of each rebuilt vehicle inspection processed at such facility for at least years. (7 ) Any applicant that fails an initial rebuilt inspection may have that vehicle reinspected only by the department or the facility that conducted the original inspection. (8 ) (6)  The department shall conduct an onsite facility inspection at least once per quarter and shall immediately terminate any participant operator from the program who fails to meet the minimum eligibility requirements specified in subsection (4). Before a change in ownership or transfer of a rebuilt inspection facility, the current operator must give the department days  written notice of the intended sale or transfer.The prospective owner or transferee must meet the eligibility requirements of this section and execute a new memorandum of understanding with the department before operating the facility. (9 )   On or before July 1, 2021, the department shall submit a written report to the Speaker of the House of Representatives and President of the Senate evaluating the effectiveness of the program and whether to expand the program on a statewide basis. (7) This section is repealed on July 1, 2018, unless saved from repeal through reenactment by the Legislature. Section 2. This act shall take effect July 1, 2019.