Fla. Admin. Code Ann. R. 62-243.500 - Certification
(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.
(2) Exemptions
from the certification requirements of subsection
62-243.500(1),
F.A.C.
(a) The following motor vehicle
transactions are exempt from the certification requirements of subsection
62-243.500(1),
F.A.C.:
1. Sales, reassignments, or transfers
of motor vehicles by endorsement or delivery of a manufacturer's or
distributor's statement of origin to a motor vehicle dealer holding a franchise
agreement from the manufacturer or distributor issuing the statement of
origin.
2. First-time retail sales
or leases of new motor vehicles subject to certification under Section 207,
Clean Air Act, 42 U.S.C.,
7541.
3. Sales, reassignments, and trades to
licensed motor vehicle dealers, where the dealer elects not to request the
certification from the seller or person reassigning title.
4. Sales, reassignments, and trades by
licensed motor vehicle dealers to licensed motor vehicle dealers.
5. Lease agreements for 30 days or
less.
6. Sales of motor vehicles
for salvage purposes only.
(b) The following motor vehicles are exempt
from the certification requirements of subsection
62-243.500(1),
F.A.C.:
1. Transactions involving motor
vehicles which have net vehicle weights greater than 5, 000 pounds or gross
vehicle weights greater than 10, 000 pounds.
2. Transactions involving motor vehicles
which are designated as model year 1974 or older.
3. Transactions involving motorcycles,
mopeds, scooters, and golf carts, as defined in Section
320.01, F.S.
4. Transactions involving farm vehicles, as
defined in Section 320.51, F.S.
5. Transactions involving imported
nonconforming motor vehicles which are documented to be exempt from federal
emission control requirements by the U.S. Environmental Protection Agency under
40 CFR 85, Subpart P.
Notes
Rulemaking Authority 316.2935 FS. Law Implemented 316.2935 FS.
New 5-29-90, Amended 1-2-91, Formerly 17-243.500, Amended 7-13-17.
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