§ 8A-161.3. Exemptions; conflict.

(a)

Unless the means of doing or engaging in a motor vehicle repair business, including the operation of a motor vehicle repair shop, is adopted for the purposes of evading or avoiding the provisions of this article, and except as otherwise provided in this article, this article shall not apply to gasoline stations exclusively engaged in the business of selling motor vehicle fuels and lubricants. Any person providing minor repair services is hereby deemed to be a motor vehicle repair shop and is subject to this article except that those employees of such a motor vehicle repair shop performing only minor repair services shall not be required to obtain a certificate pursuant to this article.

(b)

Unless the act or practice of repairing, servicing or reconditioning of a motor vehicle or engaging in the activity of a master or specialty mechanic or a paint/body technician is adopted for the purposes of evading or avoiding the provisions of this article, this article shall not apply to a person who:

(1)

Performs repair work upon, replaces, reconditions, adjusts, analyzes, diagnoses, or alters the operating condition of his or her own or at the person's immediate family member's motor vehicle and for which there is evidence of ownership of such motor vehicle available to the Director for inspection upon the request of the Director.

(2)

Is a master or specialty mechanic, a motor vehicle mechanic, a paint/body apprentice, a mechanic apprentice, a motor vehicle body repair technician or a motor vehicle paint technician who is in the full-time employ of an automotive manufacturer and is engaged solely in that capacity for repair work on motor vehicles owned by or being produced by the automotive manufacturer.

(3)

Performs repair work exclusively for a single commercial, industrial, or governmental establishment, or two (2) or more establishments related by common ownership or corporate affiliation.

(4)

Performs work on a door lock cylinder, glove compartment lock cylinder or trunk lock cylinder of a motor vehicle for the purpose of gaining access to the motor vehicle unless the work involves the separate removal of any component or any component part of a system that serves solely as a passive restraint.

(5)

Performs work on a motor vehicle for the purpose of removing, re-keying, rebuilding, or repairing a door lock cylinder, glove compartment lock cylinder, or trunk lock cylinder unless the work involves the separate removal of any component or any component part of a system that serves solely as a passive restraint.

(6)

Performs work on a motor vehicle for the purpose of removing re-keying, rebuilding or repairing an ignition lock cylinder unless the work involves the separate removal of any component or any component part of a system that serves solely as a passive restraint, or involves the dismantling of any portion of the steering column beyond or below the ignition lock cylinder.

(7)

Performs work on any lock cylinder which is part of a steering column or other component of a motor vehicle if the component containing the lock cylinder is removed from the motor vehicle for the purpose of removing, re-keying, rebuilding or repairing the lock cylinder and if the component containing the lock cylinder is removed from the motor vehicle by any person who has obtained the appropriate registration and certification pursuant to this article or by any person set forth in (b)(1), (2), or (3) above.

(8)

When engaged in the business of selling automobile new parts and equipment, performs minimal automobile maintenance repairs, provided that all of the following conditions are satisfied:

(a)

Such repairs are performed at no charge, solely as a courtesy for which no payment is charged or received;

(b)

The sum of the repairs performed on an individual vehicle shall take no more than a total of twenty (20) minutes to perform;

(c)

Such repairs shall not include oil changes, oil filter changes, transmission fluid changes, transmission fluid filter changes, engine coolant or engine antifreeze changes, brake fluid changes, power steering fluid changes, tire repair, tire installation, tire rotation, or any other repair that falls within the scope of the repair certification categories set forth in Section 8A-161.25(2)(a)—(e) and (g) of this Code;

(d)

The price(s) charged by the person for automobile parts or equipment is not increased because of the performance of such repairs;

(e)

The repairs are performed by an employee of the person;

(f)

All residual, discarded, or waste products, parts, equipment, packaging, fluids, and other materials left over from such repairs are stored or disposed of by the person immediately after the completion of the repairs, in compliance with all applicable laws, ordinances, and regulations governing the storage, handling, and disposal of such items; and

(g)

A sign measuring not less than two (2) feet in width and three (3) feet in length is posted in a conspicuous place inside each of the person's business premises locations, announcing, in legible written form, the following:

"This facility is not a motor vehicle repair shop and is only authorized to perform minimal automobile maintenance repairs taking no more than 20 minutes to complete. This facility and its employees are not permitted to charge anyone for performing automobile repairs."

"Esta facilidad no es un taller de reparaciones de vehículos de motor y solamente está autorizada a realizar reparaciones mínimas de mantenimiento de automóviles que tomen no más de 20 minutos para terminar. Esta facilidad y sus empleados no están permitidos cobrar por reparaciones de automóvil."

"Plas sa a se pa yon garaj e li sèlman otorize pou'l fè ti sèvis reparasyon ak antretyen oto ki pa pran plis pase 20 minit. Plas sa a ak amplwaye'l yo pa otorize pou kolekte lajan nan men pèson pou ranje mashin."

(9)

When engaged primarily in the activity of servicing owned fleets, performs or offers to perform repair work on non-owned fleets, provided that all of the following conditions are satisfied:

(a)

The person performs repair work for non-owned commercial fleets comprised solely of heavy-duty trucks;

(b)

The repair work is performed on the basis of a written contract or other service agreement for a duration of no less than one (1) year, executed by the owner of the commercial fleet and the person performing the repair work;

(c)

The repairs are performed by an employee of the person;

(d)

Revenue generated from repair work on non-owned fleets does not exceed 10 percent of total revenues;

(e)

The person submits to the Department an application for exemption on a form prescribed by the Director, which shall contain all the information required by that form, including but not limited to:

(i)

Sufficient information to identify the applicant, including the applicant's full legal name, date of birth or date of formation of legal entity, telephone numbers, all business addresses, and any trade name under which the applicant operates, intends to operate, or has previously operated. Post office box addresses shall not be accepted;

(ii)

Documentation demonstrating that all corporate or partnership applicants are qualified to do business under the laws of Florida;

(iii)

Documentation demonstrating applicant has satisfied the conditions set forth in subsections (a), (b), (c) and (d) above; and

(iv)

A photocopy of the local business tax receipt of the applicant

(f)

A sign measuring not less than two (2) feet in width and three (3) feet in length is posted in a conspicuous place inside the business premises announcing, in legible written form, the following:

"This facility is not a motor vehicle repair shop and is only authorized to perform repair work on commercial fleets comprised solely of heavy-duty trucks based upon a pre-existing contract or service agreement. This facility and its employees are not permitted to charge anyone for performing heavy-duty truck repairs outside of the terms of the aforementioned contract or service agreement."

(c)

The provisions of this article shall be deemed supplemental to all county and municipal ordinances. In the event of a conflict between any of the provisions of this article and any provision of any county or municipal ordinance, the provision which establishes the most stringent standard shall prevail.

(Ord. No. 92-38, § 2, 5-19-92; Ord. No. 94-188, § 1, 10-7-94; Ord. No. 09-103, § 2, 11-17-09; Ord. No. 15-13, § 2, 3-3-15)