CODING: Words stricken are deletions; words underlined are additions.

House Bill 0223e1

CS/HB 223, First Engrossed/ntc 1 A bill to be entitled 2 An act relating to the Department of State; 3 transferring the Department of Highway Safety 4 and Motor Vehicles to the Department of State; 5 creating s. 20.241, F.S.; creating the 6 Department of Highway Safety; abolishing the 7 Department of Highway Safety and Motor Vehicles 8 and transferring the divisions of the 9 department; amending s. 20.10, F.S.; providing 10 for additional divisions in the Department of 11 State; repealing s. 20.24, F.S., relating to 12 the Department of Highway Safety and Motor 13 Vehicles; amending ss. 316.003 and 318.13, 14 F.S.; conforming to the act; directing the 15 Division of Statutory Revision to make 16 appropriate changes to the statutes; providing 17 an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. All of the existing legal authorities and 22 actions of the Department of Highway Safety and Motor 23 Vehicles, excluding the Florida Highway Patrol, are hereby 24 transferred by a type two transfer as described in section 25 20.06, Florida Statutes, to the Department of State, 26 including, but not limited to, all pending and completed 27 action on orders and rules, all enforcement matters, and all 28 delegations, interagency agreements, and contracts with 29 federal, state, regional, and local governments, and private 30 entities. Personnel, property, and unexpended balances of 31 appropriations, allocations, or other funds of the Department 1 CODING: Words stricken are deletions; words underlined are additions. CS/HB 223, First Engrossed/ntc 1 of Highway Safety and Motor Vehicles are hereby transferred to 2 the Department of State. 3 Section 2. Section 20.241, Florida Statutes, is 4 created to read: 5 20.241 Department of Highway Safety.--There is created 6 a Department of Highway Safety. 7 (1) The head of the Department of Highway Safety is 8 the Governor and Cabinet. The executive director of the 9 department shall be appointed by the Governor with the 10 approval of three members of the cabinet, subject to 11 confirmation by the Senate. The executive director shall serve 12 at the pleasure of the Governor and Cabinet. 13 (2)(a) All of the existing legal authorities and 14 actions of the Division of the Florida Highway Patrol of the 15 Department of Highway Safety and Motor Vehicles are hereby 16 transferred by a type two transfer as described in section 17 20.06, Florida Statutes, to the Department of Highway Safety, 18 including, but not limited to, all pending and completed 19 action on orders and rules, all enforcement matters, and all 20 delegations, interagency agreements, and contracts with 21 federal, state, regional, and local governments, and private 22 entities. Personnel, property, and unexpended balances of 23 appropriations, allocations, or other funds of the Division of 24 the Florida Highway Patrol are hereby transferred to the 25 Department of Highway Safety. Those positions primarily 26 supporting the Division of the Florida Highway Patrol within 27 the Department of Highway Safety and Motor Vehicles are hereby 28 transferred to the Department of Highway Safety. The Governor 29 and Cabinet are hereby granted the specific authority to shift 30 positions, consistent with the notice and review requirements 31 of s. 216.177, Florida Statutes, between the former Department 2 CODING: Words stricken are deletions; words underlined are additions. CS/HB 223, First Engrossed/ntc 1 of Highway Safety and Motor Vehicles now located within the 2 Department of State and the Department of Highway Safety as 3 created by this act to promote the efficient and effective 4 operation of both departments. 5 (b) The Department of State and the Department of 6 Highway Safety shall have the authority to enter into 7 interagency agreements with each other concerning any matter 8 affected by the transfer of the Department of Highway Safety 9 and Motor Vehicles to the Department of State and the creation 10 of the Department of Highway Safety to promote the efficient 11 and effective operation of both departments. 12 (c) Those trust funds or portions of trust funds which 13 were used to fund the operation of the Division of the Florida 14 Highway Patrol within the Department of Highway Safety and 15 Motor Vehicles are hereby transferred to the Administration 16 Trust Fund of the Department of Highway Safety. 17 (3) The following divisions of the Department of 18 Highway Safety are established: 19 (a) Division of Administration. 20 (b) Division of the Florida Highway Patrol. 21 (4) Bureaus may be established as deemed necessary to 22 promote efficient and effective operation of the department, 23 pursuant to section 20.04, Florida Statutes. 24 Section 3. Abolishment of Department of Highway Safety 25 and Motor Vehicles; transfers.--The Department of Highway 26 Safety and Motor Vehicles is hereby abolished. 27 (1) The Division of Driver Licenses of the Department 28 of Highway Safety and Motor Vehicles is hereby transferred to 29 the Department of State. 30 31 3 CODING: Words stricken are deletions; words underlined are additions. CS/HB 223, First Engrossed/ntc 1 (2) The Division of Motor Vehicles of the Department 2 of Highway Safety and Motor Vehicles is hereby transferred to 3 the Department of State. 4 (3) The Division of the Florida Highway Patrol of the 5 Department of Highway Safety and Motor Vehicles is hereby 6 transferred to the Department of Highway Safety. 7 Section 4. Subsection (2) of section 20.10, Florida 8 Statutes, is amended to read: 9 20.10 Department of State.--There is created a 10 Department of State. 11 (2) The following divisions of the Department of State 12 are established: 13 (a) Division of Elections. 14 (b) Division of Historical Resources. 15 (c) Division of Corporations. 16 (d) Division of Library and Information Services. 17 (e) Division of Licensing. 18 (f) Division of Cultural Affairs. 19 (g) Division of Administration. 20 (h) Division of Driver Licenses. 21 (i) Division of Motor Vehicles. 22 Section 5. Section 20.24, Florida Statutes, is hereby 23 repealed. 24 Section 6. Subsection (8) of section 316.003, Florida 25 Statutes, is amended to read: 26 316.003 Definitions.--The following words and phrases, 27 when used in this chapter, shall have the meanings 28 respectively ascribed to them in this section, except where 29 the context otherwise requires: 30 (8) DEPARTMENT.--The Department of State Highway 31 Safety and Motor Vehicles as defined in s. 20.10 20.24. Any 4 CODING: Words stricken are deletions; words underlined are additions. CS/HB 223, First Engrossed/ntc 1 reference herein to Department of Transportation shall be 2 construed as referring to the Department of Transportation, 3 defined in s. 20.23, or the appropriate division thereof. 4 Section 7. Subsection (1) of section 318.13, Florida 5 Statutes, is amended to read: 6 318.13 Definitions.--The following words and phrases, 7 when used in this chapter, shall have the meanings 8 respectively ascribed to them in this section, except where 9 the context otherwise requires: 10 (1) "Department" means Department of State Highway 11 Safety and Motor Vehicles, defined in s. 20.10 20.24, or the 12 appropriate division thereof. 13 Section 8. The Division of Statutory Revision of the 14 Joint Legislative Management Committee, in editing manuscript 15 for the next official version of the Florida Statutes, is 16 directed to replace the term "Department of Highway Safety and 17 Motor Vehicles" wherever that term appears in the statutes 18 with the term "Department of State" or "Department of Highway 19 Safety," as appropriate. 20 Section 9. This act shall take effect January 1, 1998, 21 except that the Governor and Cabinet may appoint the executive 22 director of the Department of Highway Safety 60 days prior to 23 the effective date of this act. 24 25 26 27 28 29 30 31 5