Section 15C-22.002 - Duties and Responsibilities; General Information; Procedures(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.(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: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.Fla. Admin. Code Ann. R. 15C-22.002
Rulemaking Authority 319.141, 319.1414, 319.17 FS. Law Implemented 319.141, 319.1414 FS.
Adopted by Florida Register Volume 49, Number 055, March 21, 2023 effective 4/2/2023.