§ 20-176.38. Definitions.

For the purposes of this division, the following definitions shall apply:

(a)

AATI and ASE Certification:

(1)

AATI means American Advanced Technicians Institute Corporation, a nationally recognized testing organization to administer technician certification exams.

(2)

ASE means the National Institute for Automotive Service Excellence, an internationally recognized testing organization which encourages automotive service excellence.

(b)

Business enterprise means any person who operates for profit, or allows to be operated for profit, a motor vehicle body repair facility or motor vehicle painting facility, as such terms are defined herein.

(c)

Certified means any motor vehicle repair technician or motor vehicle paint technician who meets the requirements for certification under this division for a specific body repair or paint repair category or categories pursuant to this division.

(d)

Commission means the board of county commissioners of Broward County, Florida.

(e)

Cooperative shall mean an association of repair facilities for the mutual benefit of sharing any equipment required under section 20-176.42 "Cooperative" for purposes of this division shall not mean a legal entity.

(f)

County administrator means the chief executive officer and head of the administrative branch of county government as provided in Article III of the Charter of Broward County.

(g)

Customer means the owner, or authorized representative or agent of the owner, or lawful possessor, of a motor vehicle.

(h)

CAD shall mean the Broward County Consumer Affairs Division, or any selected county agency, to be known herein as the "CAD."

(i)

Director means the CAD director, or the director's designee.

(j)

Facility means a motor vehicle body repair shop or motor vehicle paint shop.

(k)

For compensation means for money, property, service or anything else of value.

(l)

Industry means the business of repairing, restoring, rebuilding, painting or refinishing motor vehicles and services as may be associated therewith.

(m)

License means the certificate or document which allows a person to engage in Broward County in the activity of repairing, restoring, rebuilding, painting, or refinishing of motor vehicles for compensation. As used in this division, "license" shall not mean a municipal occupational or county occupational license. If the application, fee, and equipment provisions of this division have been complied with by September 25, 1992, then a conditional license shall be issued. All conditional licenses shall be revoked if compliance with the required certification has not been met by July 31, 1993.

(n)

Motor vehicle means any automobile, truck, bus, recreational vehicle, or motorcycle required to be licensed under Chapter 320, F.S. for operation over roads of Florida, but does not include trailers, mobile homes, travel trailers or trailer coaches without independent motive power.

(o)

Motor vehicle body repair shop means any person, business, or cooperative which, for compensation, engages in the activity of rebuilding, repairing or restoring of physically damaged motor vehicles by mending, straightening, or replacing a portion or portions of the body and/or performing structural repairs of a motor vehicle that is owned by another person.

(p)

Motor vehicle painting shop means any person, business, or cooperative which, for compensation, engages in painting or repainting of motor vehicles that are owned by other persons.

(q)

Motor vehicle repair technician means any person who, for compensation, engages in the repair or restoration of the body of motor vehicles and is certified as required under this division.

(r)

Motor vehicle paint technician means any person who, for compensation, engages in painting or repainting or refinishing of motor vehicles and is certified as required under this division.

(s)

Person means any natural person, firm, partnership, association, corporation or other entity of any kind whatsoever.

(t)

Personnel authorized by the CAD means enforcement personnel authorized by the director.

(u)

Place of business means a physical place where the business of motor vehicle repair or motor vehicle painting is conducted.

(v)

Regulation means a rule set forth in this division, the violation of which is sufficient grounds for fines, suspension, or revocation of a license as issued herein, civil damages, court costs and attorney's fees, and specified criminal penalties.

(w)

Repair facility means:

(1)

Structural repair and paint facility as defined in section 20-176.42(e);

(2)

Structural repair facility as defined in section 20-176.42(d);

(3)

Paint repair facility as defined in section 20-176.42(c);

(4)

The term "repair facility" shall include shops listed above that share equipment under a cooperative as defined under this division.

(x)

Trainee means a person who desires to become a motor vehicle body repair technician and/or a motor vehicle paint technician and receives a permit from the director pursuant to this division.

(Ord. No. 91-12, § 1, 3-12-91; Ord. No. 92-10, § 1, 2, 4-14-92; Ord. No. 92-22, § 1, 7-7-92; Ord. No. 92-36, § 1, 9-8-92; Ord. No. 2003-33, § 1, 9-23-03)