1999 Florida Code
TITLE XXIII MOTOR VEHICLES
Chapter 325 Vehicle Safety Equipment and Inspections  
325.209   Waivers.

325.209  Waivers.--

(1)  If the cost of repairs or adjustments necessary to bring a motor vehicle into compliance with the emissions standards established under this act exceeds the required minimum amount specified in paragraph (2)(c), the department may issue a waiver, valid for no longer than 1 year, which exempts such motor vehicle, except those vehicles subject to the requirements of s. 325.203(8), from the inspection requirements of this act.

(2)  Before a waiver may be issued, the following criteria must be met:

(a)  The motor vehicle owner must present evidence satisfactory to the department that a low emissions adjustment, as defined by rule of the Department of Environmental Protection, has been performed;

(b)  The motor vehicle must not have been tampered with by either the current owner or any previous owner;

(c)  The owner must have spent the required minimum amount for emissions-related repairs on the vehicle within the 180-day period prescribed in s. 325.203(1), not including the amount spent to repair or replace air pollution control equipment that has been tampered with. Emissions-related repairs performed within 30 days prior to inspection may also be considered under this provision. For any vehicle the registration period for which is established under s. 320.055(4) or (5), the required minimum amount for emissions-related repairs must be spent by the owner within 180 days before the expiration of the registration period. The required minimum amount that must have been spent on related repairs is:

1.  For motor vehicles designated as model years 1975 through 1979: $100; and

2.  For motor vehicles designated as model year 1980 and thereafter: $200;

(d)  Repairs and adjustments provided for in paragraphs (a) and (c) must have caused substantial improvement in the emissions performance of the motor vehicle; and

(e)  The motor vehicle must not be covered under any manufacturer's or federally mandated emissions warranty.

(3)  A motor vehicle owner may repair or adjust his or her own motor vehicle. However, the department shall consider whether such repairs or adjustments have significantly improved the emissions performance of the vehicle in determining eligibility for a waiver and shall consider only the cost for parts.

(4)  The department may, by rule, establish standards for and grant 1-year hardship exemptions to motor vehicle owners who fail to satisfy the standards for waivers, if there is a clear indication that the cost of required repairs would place a substantial financial burden on the owner of the motor vehicle. Such an exemption may not be granted to a motor vehicle owner who has himself or herself tampered with the motor vehicle. A motor vehicle that has been tampered with and has had only one registered owner is prima facie evidence that the currently registered owner tampered with the motor vehicle.

(5)  The department may, by rule, and upon sufficient showing, grant a permanent exemption to a motor vehicle that cannot be brought into compliance with emissions standards because emissions control parts are no longer manufactured.

(6)  The department may deny any request for a waiver which does not meet the requirements of this section. Such denial must be in writing and must be made within 30 days after the department receives the request for a waiver. A motor vehicle owner may appeal, pursuant to chapter 120, any request for a waiver that has been denied.

History.--s. 9, ch. 88-129; s. 4, ch. 89-212; s. 4, ch. 91-299; s. 4, ch. 92-39; s. 3, ch. 92-323; s. 146, ch. 94-356; s. 948, ch. 95-148; s. 310, ch. 99-248.