Section 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.Fla. Admin. Code Ann. R. 62-243.500
Rulemaking Authority 316.2935 FS. Law Implemented 316.2935 FS.
New 5-29-90, Amended 1-2-91, Formerly 17-243.500, Amended by Florida Register Volume 43, Number 124, June 27, 2017 effective 7/13/2017.New 5-29-90, Amended 1-2-91, Formerly 17-243.500, Amended 7-13-17.