Broward County Consumer Affairs Division

1. Broward County Consumer Affairs Division

2. Regulation of Auto Repair and Auto Body -1991 Industry came to Board of County Commission wanting regulation Purpose-Toprotect the atmosphere and water supply of Broward County by proper handling of environmentally hazardous waste generated by repair and body shops Staff- 6 Inspectors at least once a year inspection and 3 Customer Service Representatives

3. Sample Inspection Report

4. Auto Body/Paint – Painting and Refinishing and Structural Repair Fees collected annually- Late fees instituted in 1997 410 shop license applications at $325 each = $130,000 500 certified technician license applications at $50 each = $25,000 800 trainee permits applications at $20 each = $16,000 Late fees and penalties = $15,000 Total = $186,000

5. Auto Repair Fees collected annually - Fees set in 1991 and fee increase approved by Board of County Commissioners for FY2007. Total fee increase $188,500 1500 shop license applications at $200 each = $300,000 Fee increase by $75.00 2200 certified technician license applications at $25 each = $55,000 Fee increase by $25.00 2600 trainee permits applications at $10 each = $26,000 Fee increase by $10.00 Late fees and penalties = $20,000 Total= $603,500

6. Required Documents for Licensure • Completed Application • County Occupational License - Must have Consumer License • City Occupational License - (if applicable) • Hazardous Material License - oil and solvents • Insurance Certificates - Garage Liability and Garage Keepers Legal Liability • Hazardous Waste Manifest - Receipt for Disposal • Certified Technician Application - ASE or AATI • Corporation or Fictitious Name Document • Equipment and Manuals • State of Florida License - No Fee if Paid Broward

7. Enforcement - Civil • NOV – Notice of Violation • Citation- Hearing Officer – Penalty – First offence $250.00 Second Offense $500.00 Citation not paid becomes a lien filed in the Public Record. • Consumer Protection Board - Cease and Desist and Consumer Cases • Injunction • Order of Contempt - Jail • Code Enforcement Sweeps

8. Consumer Cases • Consumer Analysts (8) and Inspectors investigate consumer cases • Auto Repair- One Year- 335 cases and $154,967 returned in money and services- consumers - Mediation • Auto Body/Paint-One Year 49 Cases and $14,776 to consumers - Mediation • Consumer Protection Board - 3 cases $3,539 returned to consumers • Enforce license number in advertisements

9. How Shop Licensing Affects your Area? • Unlicensed shops - refund fee whether or not completed the job. Usually arises as a consumer complaint. • Licensed Shops on Web-site – can find a shop that is licensed to do the job • Hazardous Waste - contained • Spray booth violations - Fire Dept. Environmental Agencies • Quality of work improved - • Quality of shops improved - more professional

10. What Works and What Does Not? • Regulation works know who is out there operating • Consumer protection- has authority to come into shops, easier to mediate complaints • Problem- certification- hard for some mechanics to pass academic tests although they can fix cars and follow directions. Test only given twice a year. AATI local certification company that is accepted in Broward County. Spanish and Creole. Test given 4 times a year. • Finding certified technicians – less being trained especially in Auto Body field - Dealers paying $2,000 sign on bonus • Public record request-

11. How is our program different from others locally and nationally? Broward County- Comprehensive Yearly inspections or more, insurance, equipment requirements, manuals, certified technicians, hazardous waste disposal, occupational and state and federal tax information Miami-Dade County, FL Miami-Dade licenses motor vehicle repair and body/paint shops. The regulations are the same as Broward County, FL Palm Beach County – no regulation State of Florida Florida, through the Division of Consumer Services requires all motor vehicle repair facilities, including body and paint shops to be registered with the state. Florida has no equipment or technician certification requirements Florida does not have any insurance requirements The state may perform compliances inspections Estimate and invoice form

12. Washington, District of Columbia - Department of Consumer and Regulatory Affairs Clean Hands Certification To certify that you do not owe more than $100 to the District government  Surety Bond - Surety Bond that covers the duration of the license based upon the number of employees Five or less employees: $2000 More than five employees: $5000

13. New Jersey The Motor Vehicle Commission licenses emission testing only, no regulations for repair shops. The Motor Vehicle Commission licenses auto body repairs. Requires garage keepers liability insurance, workers’ compensation and fire insurance. Requires specific equipment to perform repairs

14. Michigan Certifications of mechanics are a state function. Michigan has a training program for mechanic trainees. Hawaii Prior to the issuance of a license, the state may inspect the repair facility and equipment. Mechanic certification program is required and is administrated by the University of Hawaii.

15. New York New York requires each repair facility to post an “official in-door sign” and an “official out-door sign” which states that the shop is a registered repair shop and provides the registration numbers. New York requires that a sign be posted regarding Labor Rate or how the cost is calculated.

16. MISC. To a greater or lesser extent all of the above states have as a component to their license/registration law, a consumer protection component which includes the following: • Estimates • Invoices • Parts disclosure and part retention requirements • Record keeping requirements • Certification for air conditioning repairs and appropriate equipment • Warrant/guarantee disclosures • Environmental requirements • Compliance with zoning and local laws and regulations • A few states require surety bonds

17. Do I support licensing? Yes, accountability and way to resolve and prevent consumer complaints. Licensing creates a fair marketplace for the consumer and for the auto repair and auto body businesses. Only those businesses that have the equipment, insurance, manuals and certified technicians are allowed to operate. Those who take the short cut and are unfit to repair are put out of business or made to come into compliance.