| 1 | Representative(s) Evers offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between line(s) 2459 and 2460, insert: |
| 5 | Section 47. Paragraph (b) of subsection (2) and paragraph |
| 6 | (b) of subsection (3) of section 316.006, Florida Statutes, are |
| 7 | amended to read: |
| 8 | 316.006 Jurisdiction.--Jurisdiction to control traffic is |
| 9 | vested as follows: |
| 10 | (2) MUNICIPALITIES.-- |
| 11 | (b) A municipality may exercise jurisdiction over any |
| 12 | private road or roads, or over any limited access road or roads |
| 13 | owned or controlled by a special district, located within its |
| 14 | boundaries if the municipality and party or parties owning or |
| 15 | controlling such road or roads provide, by written agreement |
| 16 | approved by the governing body of the municipality, for |
| 17 | municipal traffic control jurisdiction over the road or roads |
| 18 | encompassed by such agreement. Pursuant thereto: |
| 19 | 1. Provision for reimbursement for actual costs of traffic |
| 20 | control and enforcement and for liability insurance and |
| 21 | indemnification by the party or parties, and such other terms as |
| 22 | are mutually agreeable, may be included in such an agreement. |
| 23 | 2. The exercise of jurisdiction provided for herein shall |
| 24 | be in addition to jurisdictional authority presently exercised |
| 25 | by municipalities under law, and nothing in this paragraph shall |
| 26 | be construed to limit or remove any such jurisdictional |
| 27 | authority. Such jurisdiction includes regulation of access to |
| 28 | such road or roads by security devices or personnel. |
| 29 | 3. Any such agreement may provide for the installation of |
| 30 | multiparty stop signs by the parties controlling the roads |
| 31 | covered by the agreement if a determination is made by such |
| 32 | parties that the signage will enhance traffic safety. Multiparty |
| 33 | stop signs must conform to the manual and specifications of the |
| 34 | Department of Transportation; however, minimum traffic volumes |
| 35 | may not be required for the installation of such signage. |
| 36 | Enforcement for the signs shall be as provided in s. 316.123. |
| 37 | 4. The board of directors of a homeowners' association as |
| 38 | defined in chapter 720 may, by majority vote, elect to have |
| 39 | state traffic laws enforced by local law enforcement agencies on |
| 40 | private roads that are controlled by the association. |
| 41 | (3) COUNTIES.-- |
| 42 | (b) A county may exercise jurisdiction over any private |
| 43 | road or roads, or over any limited access road or roads owned or |
| 44 | controlled by a special district, located in the unincorporated |
| 45 | area within its boundaries if the county and party or parties |
| 46 | owning or controlling such road or roads provide, by written |
| 47 | agreement approved by the governing body of the county, for |
| 48 | county traffic control jurisdiction over the road or roads |
| 49 | encompassed by such agreement. Pursuant thereto: |
| 50 | 1. Provision for reimbursement for actual costs of traffic |
| 51 | control and enforcement and for liability insurance and |
| 52 | indemnification by the party or parties, and such other terms as |
| 53 | are mutually agreeable, may be included in such an agreement. |
| 54 | 2. Prior to entering into an agreement which provides for |
| 55 | enforcement of the traffic laws of the state over a private road |
| 56 | or roads, or over any limited access road or roads owned or |
| 57 | controlled by a special district, the governing body of the |
| 58 | county shall consult with the sheriff. No such agreement shall |
| 59 | take effect prior to October 1, the beginning of the county |
| 60 | fiscal year, unless this requirement is waived in writing by the |
| 61 | sheriff. |
| 62 | 3. The exercise of jurisdiction provided for herein shall |
| 63 | be in addition to jurisdictional authority presently exercised |
| 64 | by counties under law, and nothing in this paragraph shall be |
| 65 | construed to limit or remove any such jurisdictional authority. |
| 66 | 4. Any such agreement may provide for the installation of |
| 67 | multiparty stop signs by the parties controlling the roads |
| 68 | covered by the agreement if a determination is made by such |
| 69 | parties that the signage will enhance traffic safety. Multiparty |
| 70 | stop signs must conform to the manual and specifications of the |
| 71 | Department of Transportation; however, minimum traffic volumes |
| 72 | may not be required for the installation of such signage. |
| 73 | Enforcement for the signs shall be as provided in s. 316.123. |
| 74 | 5. The board of directors of a homeowners' association as |
| 75 | defined in chapter 720 may, by majority vote, elect to have |
| 76 | state traffic laws enforced by local law enforcement agencies on |
| 77 | private roads that are controlled by the association. |
| 78 | Section 48. Section 318.1215, Florida Statutes, is amended |
| 79 | to read: |
| 80 | 318.1215 Dori Slosberg Driver Education Safety |
| 81 | Act.--Effective October 1, 2002, Notwithstanding the provisions |
| 82 | of s. 318.121, a board of county commissioners may require, by |
| 83 | ordinance, that the clerk of the court collect an additional $5 |
| 84 | $3 with each civil traffic penalty, which shall be used to fund |
| 85 | driver education programs in public and nonpublic schools. The |
| 86 | ordinance shall provide for the board of county commissioners to |
| 87 | administer the funds, which shall be used for enhancement, and |
| 88 | not replacement, of driver education program funds. The funds |
| 89 | shall be used for direct educational expenses and shall not be |
| 90 | used for administration. Each driver education program receiving |
| 91 | funds pursuant to this section shall require that a minimum of |
| 92 | 30 percent of a student's time in the program be behind-the- |
| 93 | wheel training. This section may be cited as the "Dori Slosberg |
| 94 | Driver Education Safety Act." |
| 95 | Section 49. Subsection (2) of section 318.15, Florida |
| 96 | Statutes, is amended to read: |
| 97 | 318.15 Failure to comply with civil penalty or to appear; |
| 98 | penalty.-- |
| 99 | (2) After suspension of the driver's license and privilege |
| 100 | to drive of a person under subsection (1), the license and |
| 101 | privilege may not be reinstated until the person complies with |
| 102 | all obligations and penalties imposed on him or her under s. |
| 103 | 318.18 and presents to a driver license office a certificate of |
| 104 | compliance issued by the court, together with a nonrefundable |
| 105 | service charge of up to $47.50 imposed under s. 322.29, or |
| 106 | presents a certificate of compliance and pays the aforementioned |
| 107 | service charge of up to $47.50 to the clerk of the court or a |
| 108 | driver licensing agent authorized in s. 322.135 tax collector |
| 109 | clearing such suspension. Of the charge collected by the clerk |
| 110 | of the court or driver licensing agent the tax collector, $10 |
| 111 | shall be remitted to the Department of Revenue to be deposited |
| 112 | into the Highway Safety Operating Trust Fund. Such person shall |
| 113 | also be in compliance with requirements of chapter 322 prior to |
| 114 | reinstatement. |
| 115 | Section 50. Paragraph (a) of subsection (8) of section |
| 116 | 320.08056, Florida Statutes, is amended to read: |
| 117 | 320.08056 Specialty license plates.-- |
| 118 | (8)(a) The department must discontinue the issuance of an |
| 119 | approved specialty license plate if the number of valid |
| 120 | specialty plate registrations falls below 1,000 plates for at |
| 121 | least 12 consecutive months. A warning letter shall be mailed to |
| 122 | the sponsoring organization following the first month in which |
| 123 | the total number of valid specialty plate registrations is below |
| 124 | 1,000 plates. This paragraph does not apply to collegiate |
| 125 | license plates established under s. 320.08058(3). |
| 126 | Section 51. Subsection (1) of section 322.02, Florida |
| 127 | Statutes, is amended to read: |
| 128 | 322.02 Legislative intent; administration.-- |
| 129 | (1) The Legislature finds that over the past several years |
| 130 | the department and individual county tax collectors have entered |
| 131 | into contracts for the delivery of full and limited driver |
| 132 | license services where such contractual relationships best |
| 133 | served the public interest through state administration and |
| 134 | enforcement and local government implementation. It is the |
| 135 | intent of the Legislature that future interests and processes |
| 136 | for developing and expanding the department's relationship with |
| 137 | tax collectors and other county constitutional officers through |
| 138 | contractual relationships for the delivery of driver license |
| 139 | services be achieved through the provisions of this chapter, |
| 140 | thereby serving best the public interest considering |
| 141 | accountability, cost-effectiveness, efficiency, responsiveness, |
| 142 | and high-quality service to the drivers in Florida. |
| 143 | Section 52. Subsection (10) is added to section 322.135, |
| 144 | Florida Statutes, to read: |
| 145 | 322.135 Driver's license agents.-- |
| 146 | (10) The department may contract with any county |
| 147 | constitutional officer to provide driver license services in the |
| 148 | same manner as provided in this section in a county where the |
| 149 | tax collector is not elected or elects not to provide driver |
| 150 | license services. |
| 151 | Section 53. (1) The Department of Highway Safety and |
| 152 | Motor Vehicles shall study the outsourcing of its driver license |
| 153 | services and shall make recommendations to the Governor, the |
| 154 | President of the Senate, and the Speaker of the House of |
| 155 | Representatives by January 1, 2007. As used in this section, the |
| 156 | term "outsourcing" means the process of contracting with an |
| 157 | external service provider or other governmental agency to |
| 158 | provide a service, in whole or in part, while the department |
| 159 | retains the responsibility and accountability for the service. |
| 160 | (2) As part of its study, the department shall provide a |
| 161 | description of the services to be outsourced. Types of issues |
| 162 | for the department to consider must include, but need not be |
| 163 | limited to: |
| 164 | (a) A detailed description of the service to be outsourced |
| 165 | and a description and analysis of the department's current |
| 166 | performance of the service. |
| 167 | (b) A cost-benefit analysis describing the estimated |
| 168 | specific direct and indirect costs or savings; performance |
| 169 | improvements, including reduced wait times at driver license |
| 170 | offices; risks; and qualitative and quantitative benefits |
| 171 | involved in or resulting from outsourcing the service. The cost- |
| 172 | benefit analysis must include a detailed plan and timeline |
| 173 | identifying all actions that must be implemented to realize the |
| 174 | expected benefits. |
| 175 | (c) A statement of the potential effect on applicable |
| 176 | federal, state, and local revenues and expenditures. The |
| 177 | statement must specifically describe the effect on general |
| 178 | revenue, trust funds, general revenue service charges, and |
| 179 | interest on trust funds, together with the potential direct or |
| 180 | indirect effect on federal funding and cost allocations. |
| 181 | (d) A plan to ensure compliance with public records law. |
| 182 | (e) A transition and implementation plan for addressing |
| 183 | changes in the number of department personnel, affected business |
| 184 | processes, and employee-transition issues. Such a plan must also |
| 185 | specify the mechanism for continuing the operation of the |
| 186 | service if the contractor fails to perform or comply with the |
| 187 | performance standards and provisions of the contract. Within |
| 188 | this plan, the department shall identify all resources, |
| 189 | including full-time equivalent positions, that are subject to |
| 190 | outsourcing. |
| 191 |
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| 192 |
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| 193 | ======= T I T L E A M E N D M E N T ======= |
| 194 | Between line(s) 218 and 219, insert: |
| 195 | amending s. 316.006, F.S.; authorizing the board of |
| 196 | directors of a homeowner's association to provide for |
| 197 | local law enforcement agencies to enforce state traffic |
| 198 | laws on private roads that are controlled by the |
| 199 | association; amending s. 318.1215, F.S.; increasing the |
| 200 | amount of a local option surcharge on traffic penalties; |
| 201 | amending s. 318.15, F.S.; providing for the collection of |
| 202 | certain service charges by authorized driver licensing |
| 203 | agents; amending s. 320.08056, F.S.; exempting collegiate |
| 204 | license plates from the requirement for maintaining a |
| 205 | specified number of license plate registrations; amending |
| 206 | s. 322.02, F.S.; revising legislative intent provisions to |
| 207 | include references to county constitutional officers |
| 208 | providing driver licensing services; amending s. 322.135, |
| 209 | F.S.; authorizing the department to contract with any |
| 210 | county constitutional officer for driver license services |
| 211 | in counties where the tax collector is not elected or does |
| 212 | not provide the services; directing the department to |
| 213 | study the outsourcing of its driver license services to a |
| 214 | provider or other governmental agency, in whole or in |
| 215 | part, while retaining responsibility and accountability |
| 216 | for the services; requiring that the department submit a |
| 217 | report to the Governor and Legislature by a specified |
| 218 | date; providing requirements for the department with |
| 219 | respect to issues to be included in the study; requiring a |
| 220 | cost-benefit analysis and a transition and implementation |
| 221 | plan; |