Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE

Bill No. SB 1882

174688

606-05688A-08

Proposed Committee Substitute by the Committee on Transportation

and Economic Development Appropriations

A bill to be entitled

An act relating to the Department of Highway Safety and

Motor Vehicles; amending s. 17.61, F.S.; deleting the DUI

Programs Coordination Trust Fund from the list of funds

invested by the Chief Financial Officer; amending s.

215.20, F.S.; deleting certain trust funds from the list

of funds subject to a 0.3 percent service charge; amending

s. 319.001, F.S.; defining the term "certificate of

title"; amending s. 319.40, F.S.; authorizing the

department to issue electronic certificates of title for

motor vehicles and to provide notification through e-mail;

amending s. 320.08, F.S.; revising provisions relating to

the expenditure of the nonrefundable motorcycle safety

education fee; amending s. 320.95, F.S.; authorizing the

department to provide notification through e-mail;

amending s. 322.025, F.S.; revising provisions relating to

the implementation of programs to improve driving ability

to conform to changes made by the act; amending s.

322.0255, F.S.; deleting the requirement that the

department reimburse organizations that provide a

motorcycle safety education course to certain students;

amending s. 322.271, F.S.; authorizing the department to

waive the hearing process for a person whose license has

been suspended, cancelled, or revoked; providing

exceptions; amending s. 322.293, F.S.; requiring that DUI

programs be administered by the department and paid for by

revenues collected by such programs; providing that such

revenues be deposited into the Highway Safety Operating

Trust Fund; amending s. 328.30, F.S.; authorizing the

department to issue electronic certificates of title to

vessels and to provide notification through e-mail;

amending s. 328.80, F.S.; authorizing the Fish and

Wildlife Conservation Commission to provide notification

through e-mail; amending ss. 316.251 and 501.976, F.S.;

conforming cross-references; providing an effective date.

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

Section 1. Paragraph (c) of subsection (3) of section

17.61, Florida Statutes, is amended to read:

17.61 Chief Financial Officer; powers and duties in the

investment of certain funds.--

(3)

moneys described in paragraph (d), the following agencies shall

not invest trust fund moneys as provided in this section, but

shall retain such moneys in their respective trust funds for

investment, with interest appropriated to the General Revenue

Fund, pursuant to s. 17.57:

1. The Agency for Health Care Administration, except for

the Tobacco Settlement Trust Fund.

2. The Agency for Persons with Disabilities, except for:

a. The Federal Grants Trust Fund.

b. The Tobacco Settlement Trust Fund.

3. The Department of Children and Family Services, except

for:

a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.

b. The Refugee Assistance Trust Fund.

c. The Social Services Block Grant Trust Fund.

d. The Tobacco Settlement Trust Fund.

e. The Working Capital Trust Fund.

4. The Department of Community Affairs, only for the

Operating Trust Fund.

5. The Department of Corrections.

6. The Department of Elderly Affairs, except for:

a. The Federal Grants Trust Fund.

b. The Tobacco Settlement Trust Fund.

7. The Department of Health, except for:

a. The Federal Grants Trust Fund.

b. The Grants and Donations Trust Fund.

c. The Maternal and Child Health Block Grant Trust Fund.

d. The Tobacco Settlement Trust Fund.

8. The Department of Highway Safety and Motor Vehicles,

only for:

a. The DUI Programs Coordination Trust Fund.

b. the Security Deposits Trust Fund.

9. The Department of Juvenile Justice.

10. The Department of Law Enforcement.

11. The Department of Legal Affairs.

12. The Department of State, only for:

a. The Grants and Donations Trust Fund.

b. The Records Management Trust Fund.

13. The Executive Office of the Governor, only for:

a. The Economic Development Transportation Trust Fund.

b. The Economic Development Trust Fund.

14. The Florida Public Service Commission, only for the

Florida Public Service Regulatory Trust Fund.

15. The Justice Administrative Commission.

16. The state courts system.

Section 2. Paragraphs (q) through (u) of subsection (4) of

section 215.20, Florida Statutes, as amended by section 3 of

chapter 2007-14, Laws of Florida, are redesignated as paragraphs

(p) through (t), and paragraphs (m) through (p) of that

subsection are amended, to read:

215.20 Certain income and certain trust funds to contribute

to the General Revenue Fund.--

(4) The income of a revenue nature deposited in the

following described trust funds, by whatever name designated, is

that from which the appropriations authorized by subsection (3)

100

shall be made:

101

(m) Within the Department of Highway Safety and Motor

102

Vehicles, the DUI Programs Coordination Trust Fund.

103

(m)(n) Within the Department of Legal Affairs, the Crimes

104

Compensation Trust Fund.

105

(n)(o) Within the Department of Management Services:

106

1. The Administrative Trust Fund.

107

2. The Architects Incidental Trust Fund.

108

3. The Bureau of Aircraft Trust Fund.

109

4. The Florida Facilities Pool Working Capital Trust Fund.

110

5. The Grants and Donations Trust Fund.

111

6. The Police and Firefighters' Premium Tax Trust Fund.

112

7. The Public Employees Relations Commission Trust Fund.

113

8. The State Personnel System Trust Fund.

114

9. The Supervision Trust Fund.

115

10. The Working Capital Trust Fund.

116

(o)(p) Within the Department of Revenue:

117

1. The Additional Court Cost Clearing Trust Fund.

118

2. The Administrative Trust Fund.

119

3. The Certification Program Trust Fund.

120

4. The Fuel Tax Collection Trust Fund.

121

5. The Local Alternative Fuel User Fee Clearing Trust Fund.

122

6. The Local Option Fuel Tax Trust Fund.

123

7. The Motor Vehicle Rental Surcharge Clearing Trust Fund.

124

8. The Motor Vehicle Warranty Trust Fund.

125

9. The Oil and Gas Tax Trust Fund.

126

10. The Operations Trust Fund.

127

11. The Severance Tax Solid Mineral Trust Fund.

128

12. The State Alternative Fuel User Fee Clearing Trust

129

Fund.

130

13. All taxes levied on motor fuels other than gasoline

131

levied pursuant to the provisions of s. 206.87(1)(a).

132

133

The enumeration of the foregoing moneys or trust funds shall not

134

prohibit the applicability thereto of s. 215.24 should the

135

Governor determine that for the reasons mentioned in s. 215.24

136

the money or trust funds should be exempt herefrom, as it is the

137

purpose of this law to exempt income from its force and effect

138

when, by the operation of this law, federal matching funds or

139

contributions or private grants to any trust fund would be lost

140

to the state.

141

Section 3. Present subsections (1) through (11) of section

142

319.001, Florida Statutes, are renumbered as subsections (2)

143

through (12), respectively, and a new subsection (1) is added to

144

that section, to read:

145

319.001 Definitions.--As used in this chapter, the term:

146

(1) "Certificate of title" means the record that evidences

147

ownership of a motor vehicle, whether a paper certificate

148

authorized by the department or a certificate consisting of

149

information stored electronically in the department's database.

150

Section 4. Section 319.40, Florida Statutes, is amended to

151

read:

152

319.40 Transactions by electronic or telephonic means.--The

153

department may: is authorized to

154

(1) Accept any application provided for under this chapter

155

by electronic or telephonic means.

156

(2) Issue an electronic certificate of title in lieu of

157

printing a paper title.

158

(3) Collect and use e-mail addresses of motor vehicle

159

owners in lieu of providing notification through the regular

160

mail.

161

Section 5. Paragraph (c) of subsection (1) of section

162

320.08, Florida Statutes, is amended to read:

163

320.08 License taxes.--Except as otherwise provided herein,

164

there are hereby levied and imposed annual license taxes for the

165

operation of motor vehicles, mopeds, motorized bicycles as

166

defined in s. 316.003(2), and mobile homes, as defined in s.

167

320.01, which shall be paid to and collected by the department or

168

its agent upon the registration or renewal of registration of the

169

following:

170

(1) MOTORCYCLES and MOPEDS.--

171

172

cycle, or moped there shall be paid in addition to the license

173

taxes specified in this subsection a nonrefundable motorcycle

174

safety education fee in the amount of $2.50. The proceeds of the

175

such additional fee shall be deposited in the Highway Safety

176

Operating Trust Fund and be used exclusively to fund a motorcycle

177

driver improvement program implemented pursuant to s. 322.025, or

178

the Florida Motorcycle Safety Education Program established in s.

179

322.0255, or the general operation of the department.

180

Section 6. Section 320.95, Florida Statutes, is amended to

181

read:

182

320.95 Transactions by electronic or telephonic means.--The

183

department may: is authorized to

184

(1) Accept any application provided for under this chapter

185

by electronic or telephonic means.

186

(2) Collect and use e-mail addresses of vehicle registrants

187

in lieu of providing notification through the regular mail.

188

Section 7. Subsection (1) of section 322.025, Florida

189

Statutes, is amended to read:

190

322.025 Driver improvement.--

191

(1) The department may implement programs to improve the

192

driving ability of the drivers of this state. Such programs may

193

include, but are shall not be limited to, safety awareness

194

campaigns, driver training, and licensing improvement. Motorcycle

195

driver improvement programs implemented pursuant to this section

196

or s. 322.0255 shall be funded by the motorcycle safety education

197

fee collected pursuant to s. 320.08(1)(c), which shall be

198

deposited in the Highway Safety Operating Trust Fund of the

199

department and appropriated for that purpose.

200

Section 8. Subsection (5) of section 322.0255, Florida

201

Statutes, is amended to read:

202

322.0255 Florida Motorcycle Safety Education Program.--

203

(5) The department may shall, subject to the availability

204

of funds, reimburse each organization that provides an approved

205

motorcycle safety education course for each student who begins

206

the on-cycle portion of the course. This shall include any

207

student not required to attend a motorcycle safety education

208

course prior to licensure as required in s. 322.12. The amount to

209

be reimbursed per student to each course provider shall be

210

determined by the department. In order to facilitate such

211

determination, each course provider must shall be required to

212

submit proof satisfactory to the department of the expected cost

213

per student to be incurred by the such course provider. In no

214

event shall The amount to be reimbursed per student to any course

215

provider may not exceed the expected cost per student. In

216

addition to the amount of any reimbursement, each course provider

217

that conducts such a course may charge each student a tuition fee

218

sufficient to defray the cost of conducting the course. The

219

department shall fund the payments required under this subsection

220

from the motorcycle safety education fee, as provided in ss.

221

320.08 and 322.025.

222

Section 9. Subsection (2) of section 322.271, Florida

223

Statutes, is amended to read:

224

322.271 Authority to modify revocation, cancellation, or

225

suspension order.--

226

(2)(a) At Upon such hearing, the person whose license has

227

been suspended, canceled, or revoked may show that such

228

suspension, cancellation, or revocation of his or her license

229

causes a serious hardship and precludes the person from person's

230

carrying out his or her normal business occupation, trade, or

231

employment and that the use of the person's license in the normal

232

course of his or her business is necessary to the proper support

233

of the person or his or her family.

234

(a) Except as otherwise provided in this subsection, the

235

department shall require proof of the successful completion of

236

the applicable department-approved driver training course

237

operating pursuant to s. 318.1451 or DUI program substance abuse

238

education course and evaluation as provided in s. 316.193(5).

239

Letters of recommendation from respected business persons in the

240

community, law enforcement officers, or judicial officers may

241

also be required to determine whether such person should be

242

permitted to operate a motor vehicle on a restricted basis for

243

business or employment use only and in determining whether such

244

person can be trusted to so operate a motor vehicle. If a

245

driver's license has been suspended under the point system or

246

pursuant to s. 322.2615, the department shall require proof of

247

enrollment in the applicable department-approved driver training

248

course or licensed DUI program substance abuse education course,

249

including evaluation and treatment, if referred, and may require

250

letters of recommendation described in this paragraph subsection

251

to determine if the driver should be reinstated on a restricted

252

basis. If such person fails to complete the approved course

253

within 90 days after reinstatement or subsequently fails to

254

complete treatment, if applicable, the department shall cancel

255

his or her driver's license until the course and treatment, if

256

applicable, is successfully completed, notwithstanding the terms

257

of the court order or any suspension or revocation of the driving

258

privilege. The department may temporarily reinstate the driving

259

privilege on a restricted basis upon verification from the DUI

260

program that the offender has reentered and is currently

261

participating in treatment and has completed the DUI education

262

course and evaluation requirement. If the DUI program notifies

263

the department of the second failure to complete treatment, the

264

department shall reinstate the driving privilege only after

265

notice of completion of treatment from the DUI program. The

266

privilege of driving on a limited or restricted basis for

267

business or employment use may shall not be granted to a person

268

who has been convicted of a violation of s. 316.193 until

269

completion of the DUI program substance abuse education course

270

and evaluations as provided in s. 316.193(5). Except as provided

271

in paragraph (b), the privilege of driving on a limited or

272

restricted basis for business or employment use may shall not be

273

granted to a person whose license is revoked pursuant to s.

274

322.28 or suspended pursuant to s. 322.2615 and who has been

275

convicted of a violation of s. 316.193 two or more times or whose

276

license has been suspended two or more times for refusal to

277

submit to a test pursuant to s. 322.2615 or former s. 322.261.

278

(b) The department may waive the hearing process for

279

suspensions and revocations upon request by the driver if the

280

driver has enrolled or completed the applicable driver training

281

course approved pursuant to s. 318.1451 or DUI program substance

282

abuse education course and evaluation provided in s. 316.193(5).

283

However, the department may not waive the hearing for suspensions

284

or revocations that involve death or serious bodily injury,

285

multiple convictions for violations of s. 316.193 pursuant to s.

286

322.27(5), or a second or subsequent suspension or revocation

287

pursuant to the same provision under this chapter. This does not

288

preclude the department from requiring a hearing for any

289

suspension or revocation that it determines is warranted based on

290

the severity of the offense.

291

(c)(b) A person whose license has been revoked for a period

292

of 5 years or less pursuant to s. 322.28(2)(a) may, upon the

293

expiration of 12 months after the date the said revocation was

294

imposed, petition the department for reinstatement of his or her

295

driving privilege on a restricted basis. A person whose license

296

has been revoked for a period of more than 5 years under s.

297

322.28(2)(a) may, upon the expiration of 24 months after the date

298

the revocation was imposed, petition the department for

299

reinstatement of his or her driving privilege on a restricted

300

basis. Reinstatement of the driving privilege pursuant to this

301

subsection shall be restricted to business or employment purposes

302

only. In addition, the department shall require such persons upon

303

reinstatement to have not driven and to have been drug free for

304

at least 12 months immediately before prior to such

305

reinstatement, to be supervised by a DUI program licensed by the

306

department, and to report to the program at least three times a

307

year as required by the program for the duration of the

308

revocation period for supervision. Such supervision includes

309

shall include evaluation, education, referral into treatment, and

310

other activities required by the department. Such persons shall

311

assume reasonable costs of supervision. If the such person fails

312

to comply with the required supervision, the program shall report

313

the failure to the department, and the department shall cancel

314

the such person's driving privilege. This paragraph does not

315

apply to any person whose driving privilege has been permanently

316

revoked.

317

(d)(c) For the purpose of this section, a previous

318

conviction of driving under the influence, driving while

319

intoxicated, driving with an unlawful blood-alcohol level, or any

320

other similar alcohol-related or drug-related offense outside

321

this state or a previous conviction of former s. 316.1931, former

322

s. 316.028, or former s. 860.01 is shall be considered a previous

323

conviction for violation of s. 316.193.

324

(e)(d) The department, based upon review of the licensee's

325

application for reinstatement, may require the use of an ignition

326

interlock device pursuant to s. 322.2715.

327

Section 10. Section 322.293, Florida Statutes, is amended

328

to read:

329

322.293 DUI programs Coordination Trust Fund; assessment;

330

disposition.--

331

(1) The DUI programs Coordination Trust Fund shall be

332

administered by the department, and the costs of administration

333

shall be borne by the revenue collections provided in this

334

section the fund. All funds received by the department DUI

335

Programs Coordination Trust Fund shall be used solely for the

336

purposes set forth in this chapter and for the general operation

337

of the department section and s. 322.292. However, if the

338

Legislature passes legislation consolidating existing trust funds

339

assigned to the department, all funds remaining in and deposited

340

to the DUI Programs Coordination Trust Fund shall be transferred

341

to the consolidated trust funds, subject to their being earmarked

342

for use solely for the purposes set forth in this section and s.

343

322.292.

344

(2) Each DUI program shall assess $12 against each person

345

enrolling in a DUI program at the time of enrollment, including

346

persons who transfer to or from a program in another state. In

347

addition, second and third offenders and those offenders under

348

permanent driver's-license revocation who are evaluated for

349

eligibility for license restrictions under s. 322.271(2)

350

322.271(2)(b) and (4) shall be assessed $12 upon enrollment in

351

the program and upon each subsequent anniversary date while they

352

are in the program, for the duration of the license period.

353

(3) All assessments collected under this section shall be

354

deposited in the Highway Safety Operating forwarded to the DUI

355

Programs Coordination Trust Fund within 30 days after the last

356

day of the month in which the assessment was received.

357

Section 11. Section 328.30, Florida Statutes, is amended to

358

read:

359

328.30 Transactions by electronic or telephonic means.--The

360

department may: is authorized to

361

(1) Accept any application provided for under this chapter

362

by electronic or telephonic means.

363

(2) Issue an electronic certificate of title in lieu of

364

printing a paper title.

365

(3) Collect and use e-mail addresses of vessel owners in

366

lieu of providing notification through the regular mail.

367

Section 12. Section 328.80, Florida Statutes, is amended to

368

read:

369

328.80 Transactions by electronic or telephonic means.--The

370

Fish and Wildlife Conservation Commission may: is authorized to

371

(1) Accept any application provided for under this chapter

372

by electronic or telephonic means.

373

(2) Collect and use e-mail addresses of vessel registrants

374

in lieu of providing notification through the regular mail.

375

Section 13. Subsection (2) of section 316.251, Florida

376

Statutes, is amended to read:

377

316.251 Maximum bumper heights.--

378

(2) "New motor vehicles" as defined in s. 319.001

379

319.001(8), "antique automobiles" as defined in s. 320.08,

380

"horseless carriages" as defined in s. 320.086, and "street rods"

381

as defined in s. 320.0863 are shall be excluded from the

382

requirements of this section.

383

Section 14. Subsection (19) of section 501.976, Florida

384

Statutes, is amended to read:

385

501.976 Actionable, unfair, or deceptive acts or

386

practices.--It is an unfair or deceptive act or practice,

387

actionable under the Florida Deceptive and Unfair Trade Practices

388

Act, for a dealer to:

389

(19) Fail to disclose damage to a new motor vehicle, as

390

defined in s. 319.001 319.001(8), of which the dealer had actual

391

knowledge, if the dealer's actual cost of repairs exceeds the

392

threshold amount, excluding replacement items.

393

394

In any civil litigation resulting from a violation of this

395

section, when evaluating the reasonableness of an award of

396

attorney's fees to a private person, the trial court shall

397

consider the amount of actual damages in relation to the time

398

spent.

399

Section 15. This act shall take effect July 1, 2008.