House Bill hb0571e1

                                     CS/CS/HB 571, First Engrossed



  1                      A bill to be entitled

  2         An act relating to civil penalties; amending s.

  3         318.21, F.S.; authorizing use of civil

  4         penalties to fund local law enforcement

  5         automation under certain circumstances;

  6         amending s. 318.1451, F.S.; removing provision

  7         that prohibits governmental entities and the

  8         court from providing information regarding

  9         driver improvement schools or course providers;

10         authorizing the department and the court to

11         prepare a traffic school reference guide and

12         specifying what information shall be included

13         therein; providing for deposit of funds from

14         moving violations occurring on an interstate or

15         the Florida Turnpike into the Grants and

16         Donations Trust Fund within the Florida

17         Department of Law Enforcement and providing for

18         use of funds providing an effective date.

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20  Be It Enacted by the Legislature of the State of Florida:

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22         Section 1.  Subsection (9) of section 318.21, Florida

23  Statutes, as amended by chapter 2001-122, Laws of Florida, is

24  amended to read:

25         318.21  Disposition of civil penalties by county

26  courts.--All civil penalties received by a county court

27  pursuant to the provisions of this chapter shall be

28  distributed and paid monthly as follows:

29         (9)  Twelve dollars and fifty cents from each moving

30  traffic violation must be used by the county to fund that

31  county's participation in an intergovernmental radio


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                                     CS/CS/HB 571, First Engrossed



  1  communication program approved by the Department of Management

  2  Services. If the county is not participating in such a

  3  program, funds collected must be used to fund local law

  4  enforcement automation and must be distributed to the

  5  municipality or special improvement district in which the

  6  violation occurred or to the county if the violation occurred

  7  within the unincorporated area of the county. If a

  8  municipality within the county maintains an independent 800

  9  megahertz radio communication program that can communicate

10  with the county's system or if the mutual-aid channels are

11  compatible, funds collected from violations that occur within

12  the territorial jurisdiction of that municipality must be used

13  to fund local law enforcement automation and must be

14  distributed to that municipality. However, if the violation

15  occurred on an interstate highway or the Florida Turnpike,

16  such funds shall be deposited into the Grants and Donations

17  Trust Fund within the Florida Department of Law Enforcement

18  for the purpose of funding state law enforcement

19  communications or automation.

20         Section 2.  Subsection (5) of section 318.1451, Florida

21  Statutes, is amended to read:

22         318.1451  Driver improvement schools.--

23         (5)(a)  No governmental entity or court shall provide,

24  issue, or maintain any information or orders regarding driver

25  improvement schools or course providers, with the exception of

26  directing inquiries or requests to the local telephone

27  directory heading of driving instruction or the traffic school

28  reference guide. However, The department is authorized to

29  maintain the information and records necessary to administer

30  its duties and responsibilities for driver improvement

31  courses. Where such information is a public record as defined


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                                     CS/CS/HB 571, First Engrossed



  1  in chapter 119, it shall be made available to the public upon

  2  request pursuant to s. 119.07(1).

  3         (b)  The department or the court may shall prepare for

  4  any governmental entity to distribute a traffic school

  5  reference guide which lists shall list the benefits of

  6  attending a driver improvement school and which contains the

  7  names of the fully approved course providers with a single

  8  telephone number, furnished by the provider, for each

  9  provider, but under no circumstance may any list of course

10  providers or schools be included, and shall refer further

11  inquiries to the telephone directory under driving

12  instruction.

13         Section 3.  This act shall take effect July 1, 2002.

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