Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-243 - TAMPERING WITH MOTOR VEHICLE AIR POLLUTION CONTROL EQUIPMENT › Section 62-243.500 - Certification

Current through Reg. 50, No. 138; July 16, 2024
(1) Certification Statement.
(a) Except as provided in subsection
				 62-243.500(2),
				F.A.C., on and after January 1, 1991, at the time of sale, lease, or transfer
				of title of a nonexempt motor vehicle, the seller, lessor, or person
				transferring title shall provide a written certification to the purchaser,
				lessee, or transferee that the air pollution control equipment of the motor
				vehicle has not been tampered with by the seller, lessor, transferor, or by his
				or her agents, employees, or other representatives.
(b) Except as provided in subsection
				 62-243.500(2),
				F.A.C., a licensed motor vehicle dealer shall also visually observe and certify
				in writing that specific air pollution devices and systems are in place and
				appear properly connected and undamaged.
(c) For sales, leases, or transfers of title
				by private parties, the certification shall read as follows:
1. Florida law prohibits the operation, sale,
				lease, or transfer of title of any automobile or light-duty truck (1975 or
				newer, 10, 000 pounds gross vehicle weight or less) that has been tampered
				with. "Tampering" means the dismantling, removal, or rendering ineffective of
				any air pollution control device or system which has been installed on a motor
				vehicle by the vehicle manufacturer except to replace such device or system
				with a device or system equivalent in design and function to the part that was
				originally installed on the motor vehicle (Section
				 316.2935, F.S.).
2. As the owner of this motor vehicle, or on
				behalf of the owner which is an organization, firm, or other such entity, I
				hereby certify that the following air pollution emission control devices and
				systems of this vehicle, if installed by the vehicle manufacturer or importer,
				have not been tampered with by me or with my permission, or by or with the
				permission of the owner of said vehicle: catalytic converter, fuel inlet
				restrictor, unvented fuel cap, exhaust gas recirculation system (EGR)*, air
				pump and/or air injection system (AIS)*, and fuel evaporative emissions system
				(EVP)* (*1981 and newer vehicles only).
3. This certification shall not be deemed or
				construed as a warranty that any air pollution control device or system of the
				vehicle is in functional condition, nor does the execution or delivery of this
				certification create by itself grounds for a cause of action between the
				parties to this transaction.
(d) For sales, leases, or transfers of title
				by licensed motor vehicle dealers to private parties, the certification shall
				read as follows:
1. Florida law prohibits the
				operation, sale, lease, or transfer of title of any automobile or light-duty
				truck (1975 or newer, 10, 000 pounds gross vehicle weight or less) that has
				been tampered with. "Tampering" means the dismantling, removal, or rendering
				ineffective of any air pollution control device or system which has been
				installed on a motor vehicle by the vehicle manufacturer except to replace such
				device or system with a device or system equivalent in design and function to
				the part that was originally installed on the motor vehicle (Section
				 316.2935, F.S.).
2. As a motor vehicle dealer licensed to
				conduct business in the State of Florida, I hereby certify that the following
				air pollution emission control devices and systems of this vehicle, if
				installed by the vehicle manufacturer or importer, have not been tampered with
				by me or by my agents, employees, or other representatives: catalytic
				converter, fuel inlet restrictor, unvented fuel cap, exhaust gas recirculation
				system (EGR), * air pump and/or air injection system (AIS), * and fuel
				evaporative emissions system (EVP)* (*1981 and newer vehicles only). I also
				hereby certify that I or persons under my supervision have inspected this motor
				vehicle and, based on said inspection, have determined that the above-listed
				air pollution control devices and systems, if installed by the vehicle
				manufacturer or importer, are in place and appear properly connected and
				undamaged as determined by visual observation.
3. This certification shall not be deemed or
				construed as a warranty that any air pollution control device or system of the
				vehicle is in functional condition, nor does the execution or delivery of this
				certification create by itself grounds for a cause of action between the
				parties to this transaction.
(e) The certification statement shall be
				provided on the bill of sale, lease agreement, or other document furnished by
				the seller, lessor, or person transferring title. The make, model, year, and
				vehicle identification number of the motor vehicle being sold, leased, or
				transferred shall be included on the document containing the certification
				statement.