Current through Reg. 50, No. 187; September 24, 2024
(1) When a Private Rebuilt Motor Vehicle
Inspection Program (PRVIP) inspection is conducted by the PRVIP participant
(participant) and provided to the Florida Department of Highway Safety and
Motor Vehicles (department), the participant shall assume full responsibility
for the accuracy of the inspection.
(2) All costs incurred by the participant to
participate in PRVIP will be the participant's sole responsibility. This
includes, but is not limited to, the banking setup fees for remittance
processing.
(3) The participant
shall comply with all laws, rules, codes, ordinances, and licensing
requirements that are applicable to the conduct of its business, including
those of federal, state, and local agencies having jurisdiction and authority.
This includes, but is not limited to, compliance with Titles VI and VII of the
Civil Rights Act of 1964, 42
U.S.C. 2000d and
2000e et seq.; the Americans with
Disabilities Act, 42 U.S.C.
12101 et seq.; and all prohibitions against
discrimination on the basis of age, race, color, sex, pregnancy, gender
identity, sexual orientation, religion, national origin, disability, veteran
status, marital status, genetic information, or on any other basis protected
under law.
(4) The participant
shall deposit all monies owed to the department in an account with a state or
federally chartered commercial bank insured by the Federal Deposit Insurance
Corporation, or in account with a state or federally chartered credit union
insured by the National Credit Union Administration.
(5) A participant shall provide an
Application for Temporary License Plate (HSMV 83091) obtained from the
department to a rebuilt motor vehicle applicant (applicant) only when an
appointment is scheduled at an authorized facility for a rebuilt motor vehicle
inspection, and a permanent license plate or dealer plate cannot be legally
issued to the applicant.
(6) An
applicant may obtain a temporary tag pursuant to Section
320.131, F.S., at the Tax
Collector, Tag Agency, or Regional Office to transport the vehicle to an
authorized facility provided that the applicant can present proof of a valid
driver's license and insurance. The applicant shall obtain an authorization
notice that is stamped by the authorized facility confirming that a scheduled
appointment has been made for the purpose of conducting a rebuilt inspection at
that facility. The authorization notice may be faxed from the facility to any
of the above authorized issuance offices.
(7) Department Procedure TL 37, Application
for Certificate of Title for a Rebuilt Motor Vehicle, Mobile Home, or
Motorcycle Previously Declared Salvage or Junk (effective 3/2023), incorporated
herein by reference and available at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-15232
and https://www.flhsmv.gov/pdf/proc/tl/tl-37.pdf,
provides specific requirements concerning the application for certificate of
title for a rebuilt vehicle.
(8)
The participant shall provide a receipt to the applicant itemizing any services
fees as separate from the statutorily required fee.
(9) Only rebuilt facility inspectors who have
been authorized by the department pursuant to Rule
15C-22.004, F.A.C., shall
conduct a rebuilt documentation review, motor vehicle physical inspection, and
rebuilt decal placement.
(10) A
participant may not conduct an inspection of a motor vehicle purchased in
complete rebuilt condition without prior approval by the department.
(11) Participants shall conduct rebuilt
inspection services as follows:
(a) Review of
documentation: Participants shall review the following documents provided by
the applicant to the certified inspection facility for completeness and
accuracy:
1. Proof of Florida residency: Each
applicant must be a Florida resident. The rebuilt facility inspector must
verify that the applicant is a Florida resident. This is generally done via an
examination of the applicant's driver license or identification card and, for
licensed motor vehicle dealers, through the department's website. There are,
however, other legal means for providing Florida residency.
2. Proof of Ownership: Each participant shall
verify proof of the applicant's ownership of the rebuilt vehicle by reviewing
the following documents provided by the applicant:
a. A Salvage/Rebuildable certificate of title
(in state/out of state) in the applicant's name.
b. A Power of Attorney when the titled owner
is not present to submit a rebuilt application and supporting
documentation.
3.
Inspection Fee: Each applicant shall submit, and each participant shall
collect, an initial inspection fee of $40.00, or $20.00 for re-inspection, and
payment shall be entered into the department's database. The participant shall
ensure that all sums due to the department via the Electronic Payment System
(EPS) are submitted no later than 5 working days after the close of business
day on which the transaction(s) occurred.
4. Status of the vehicle brand as
Salvage/Rebuildable: The participant must obtain proof from the applicant that
notice of rebuilding of the vehicle has been reported to the National Motor
Vehicle Title Information System (NMVTIS). Printouts from the following systems
constitute proof:
a. NMVTIS,
b. FRVIS (Title record inquiry to verify
title and vehicle status with the Department records),
c. NICB (National Insurance Crime Bureau to
ensure vehicle or parts have not been reported as stolen),
5. Properly completed Statement of Builder
Form (HSMV 84490), obtained from the department.
a. Only rebuilt facility inspectors who have
been authorized by the department pursuant to Rule
15C-22.004, F.A.C., shall
inspect a rebuilt motor vehicle and check the appropriate box on HSMV
84490.
b. Major Components parts
listed on HSMV 84490 must be consistent with repairs performed on the vehicle
and the receipts submitted for the repair/replacement. Receipts or invoices for
all major component parts as defined in Section
319.30(1)(j),
F.S., that were repaired or replaced on the vehicle must be in the name of the
applicant or the repair shop that completed the repairs on the vehicle.
Identification numbers for each major component part(s) used for rebuilding of
the vehicle must be shown on the receipt.
c. The rebuilt facility inspector shall
complete section V of HSMV 84490.
6. Properly completed HSMV 82040-MV, HSMV
82040-MH, or HSMV 82040-VS, which are incorporated by reference in Rule
15C-21.001, F.A.C.
7. Pictures of the vehicle that capture the
damaged areas (taken prior to any repair work).
(b) Completion of documentation review: After
the documentation review is completed, verified, and correct, the participant
shall conduct a physical inspection.
1.
Documentation review fails: If the documentation review fails upon the initial
visit, the applicant shall be provided with an opportunity to correct the
error(s) and return to continue with the rebuilt inspection process.
a. The participant must provide the applicant
with a notice for a failed application explaining the corrections needed. The
participant shall maintain a copy for record keeping purposes along with other
supporting documentation. Original documentation shall be retained at the
participant's facility until the applicant returns unless an original document
requires a signature or other original information. If the original
documentation is returned to the applicant, then the facility shall make a copy
for their records.
b. A fee of
$20.00 shall be collected by the participant for each subsequent visit for
documentation review until it passes. Up to 60 days should be allowed to
correct a failed inspection.
c. An
applicant's failed documentation shall be placed in a pending file for 60 days.
If after 60 days the applicant does not return or if the correction is still
pending, the applicant must submit a new application, supporting documentation,
and $40.00 fee to the participant.
2. Documentation review pass: If the
documentation review passes, then the participant shall conduct a physical
inspection of the vehicle.
(c) Physical inspection of the rebuilt
vehicle: The participant shall conduct a physical inspection to determine if
the motor vehicle has been repaired as described on the documentation provided
by the applicant and that the vehicle does not appear to have any visible or
suspicious alterations. This inspection shall include:
1. Verify the public vehicle identification
number (VIN) and other identification numbers, including the federal safety
labels. It is unlawful to drive a vehicle with a missing, altered, or removed
VIN plate. If the vehicle is missing the public VIN, the rebuilt inspection
shall end, and the participant shall refer the applicant to the Division of
Motorist Services (DMS) Regional Office for additional inspection
requirements.
2. Verify that all
major component parts were repaired or replaced according to HSMV 84490 and the
receipts provided.
3. The
participant shall contact law enforcement to report any vehicle that is found
to have suspicious discrepancies or abnormalities on the same day that such
discrepancies or abnormalities are discovered. The participant shall also
notify the DMS Regional Office on the same day that such discrepancies or
abnormalities are discovered (or the next business day if such discrepancies or
abnormalities are discovered on a weekend or holiday) to request that an
administrative stop be placed on the title record. If a motor vehicle under
these or any other circumstances is referred to the DMS Regional Office, the
participant shall deliver all original documentation and an explanation to the
DMS Regional Office.
4. If the
vehicle fails the physical inspection, the participant shall provide the
applicant with a Notice to Rebuilders form for a failed inspection explaining
the correction(s) needed. For subsequent visits, a fee of $20.00 shall be
collected by the participant. The participant shall place the applicant's
documents in a pending file for 60 days. If the applicant does not return after
60 days, or if the correction is still pending, the applicant must submit a new
application, supporting documentation, and $40.00 fee to the
participant.
5. If the vehicle
passes the physical inspection, the participant shall enter the results through
a Department-approved portal the same day the inspection is completed. The
participant shall stamp and place all documents related to the rebuilt
inspection in a sealed envelope except HSMV 82040-MV, HSMV 82040-MH, or HSMV
82040-VS, incorporated by reference in Rule
15C-21.001, F.A.C., which shall
be provided to the applicant. The applicant shall present this receipt upon
application for a rebuilt title as evidence that a rebuilt inspection was
conducted at an authorized facility.
6. The applicant shall take the sealed
envelope to the Tax Collector/Tag Agent to apply for a rebuilt certificate of
title.
Rulemaking Authority 319.141, 319.1414, 319.17 FS. Law
Implemented 319.141, 319.1414 FS.
New 4-2-23.
