| 1 | A bill to be entitled |
| 2 | An act relating to salaries of law enforcement, |
| 3 | correctional, and correctional probation officers; |
| 4 | amending s. 318.15, F.S.; increasing a service charge paid |
| 5 | for reinstatement of a suspended driver's license and |
| 6 | privilege to drive; revising provisions for distribution |
| 7 | and use of funds; amending s. 318.18, F.S.; increasing a |
| 8 | civil penalty for late payment of civil traffic penalties; |
| 9 | revising provisions for distribution and use of funds; |
| 10 | amending s. 319.32, F.S.; providing an additional fee for |
| 11 | certain certificate of title transactions; providing for |
| 12 | use of the fee; amending s. 319.323, F.S.; increasing the |
| 13 | expedited service fee for certain services; revising |
| 14 | provisions for distribution and use of funds; amending s. |
| 15 | 319.324, F.S.; increasing the fee for odometer fraud |
| 16 | prevention and detection; revising provisions for |
| 17 | distribution and use of funds; creating s. 320.08041, |
| 18 | F.S.; providing a surcharge on license tax; providing an |
| 19 | exception; providing for use of the surcharge; amending s. |
| 20 | 320.07, F.S.; conforming a provision to creation of the |
| 21 | surcharge in s. 320.08041, F.S.; amending s. 320.0805, |
| 22 | F.S.; increasing the fee for personalized prestige license |
| 23 | plates; revising provisions for distribution and use of |
| 24 | funds; amending s. 320.131, F.S.; increasing the fee for |
| 25 | temporary tags; revising provisions for distribution and |
| 26 | use of funds; amending s. 320.71, F.S.; providing an |
| 27 | additional fee for nonresident motor vehicle, mobile home, |
| 28 | or recreational vehicle dealer's licenses; providing for |
| 29 | use of the fee; amending s. 320.8225, F.S.; providing an |
| 30 | additional fee for mobile home and recreational vehicle |
| 31 | manufacturer, distributor, and importer licenses; |
| 32 | providing for use of the fee; amending s. 322.21, F.S.; |
| 33 | increasing the fees for reinstating a suspended or revoked |
| 34 | driver's license or a commercial motor vehicle license; |
| 35 | revising provisions for distribution and use of funds; |
| 36 | amending s. 322.29, F.S.; increasing the service charge |
| 37 | for reinstatement of a driver's license and privilege to |
| 38 | drive suspended under specified provisions; revising |
| 39 | provisions for distribution and use of funds; amending s. |
| 40 | 328.03, F.S.; providing an additional fee for vessel |
| 41 | titles; providing for use of the fee; providing for use of |
| 42 | the surcharge; amending s. 379.2201, F.S., relating to |
| 43 | disposition of saltwater license and permit fees; |
| 44 | conforming provisions to the disposition of the additional |
| 45 | fee added to fishing licenses by this act; amending s. |
| 46 | 943.0585, F.S.; increasing the processing fee for a |
| 47 | certificate of eligibility for expunction of criminal |
| 48 | history records; revising provisions for distribution and |
| 49 | use of funds; amending s. 945.215, F.S.; providing for a |
| 50 | surcharge on items for resale at inmate canteens and |
| 51 | vending machines maintained at correctional facilities; |
| 52 | providing for use of the surcharge; amending s. 943.25, |
| 53 | F.S.; providing that funds from a specified trust fund may |
| 54 | be used for supplemental salary increases; providing an |
| 55 | effective date. |
| 56 |
|
| 57 | Be It Enacted by the Legislature of the State of Florida: |
| 58 |
|
| 59 | Section 1. Subsection (2) of section 318.15, Florida |
| 60 | Statutes, is amended to read: |
| 61 | 318.15 Failure to comply with civil penalty or to appear; |
| 62 | penalty.-- |
| 63 | (2) After suspension of the driver's license and privilege |
| 64 | to drive of a person under subsection (1), the license and |
| 65 | privilege may not be reinstated until the person complies with |
| 66 | all obligations and penalties imposed on him or her under s. |
| 67 | 318.18 and presents to a driver license office a certificate of |
| 68 | compliance issued by the court, together with a nonrefundable |
| 69 | service charge of up to $60 $47.50 imposed under s. 322.29, or |
| 70 | presents a certificate of compliance and pays the aforementioned |
| 71 | service charge of up to $60 $47.50 to the clerk of the court or |
| 72 | a driver licensing agent authorized in s. 322.135 clearing such |
| 73 | suspension. Of the charge collected by the clerk of the court or |
| 74 | driver licensing agent, $10 shall be remitted to the Department |
| 75 | of Revenue to be deposited into the Highway Safety Operating |
| 76 | Trust Fund and $12.50 shall be remitted to the Department of |
| 77 | Revenue to be deposited into the Criminal Justice Standards and |
| 78 | Training Trust Fund and used for supplemental salary increases |
| 79 | to law enforcement, correctional, and correctional probation |
| 80 | officers, as defined in s. 943.10(1), (2), and (3), who are |
| 81 | employed in sworn or certified public safety occupations by the |
| 82 | state. Such person shall also be in compliance with requirements |
| 83 | of chapter 322 prior to reinstatement. |
| 84 | Section 2. Paragraph (a) of subsection (8) of section |
| 85 | 318.18, Florida Statutes, is amended to read: |
| 86 | 318.18 Amount of penalties.--The penalties required for a |
| 87 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 88 | offense listed in s. 318.17 are as follows: |
| 89 | (8)(a) Any person who fails to comply with the court's |
| 90 | requirements or who fails to pay the civil penalties specified |
| 91 | in this section within the 30-day period provided for in s. |
| 92 | 318.14 must pay an additional civil penalty of $24 $16, $6.50 of |
| 93 | which must be remitted to the Department of Revenue for deposit |
| 94 | in the General Revenue Fund, and $9.50 of which must be remitted |
| 95 | to the Department of Revenue for deposit in the Highway Safety |
| 96 | Operating Trust Fund, and $8 of which must be remitted to the |
| 97 | Department of Revenue to be deposited into the Criminal Justice |
| 98 | Standards and Training Trust Fund. The portion of each |
| 99 | additional fee imposed by this paragraph remitted to the |
| 100 | Criminal Justice Standards and Training Trust Fund shall be used |
| 101 | for supplemental salary increases to law enforcement, |
| 102 | correctional, and correctional probation officers, as defined in |
| 103 | s. 943.10(1), (2), and (3), who are employed in sworn or |
| 104 | certified public safety occupations by the state. Of this |
| 105 | additional civil penalty of $16, $4 is not revenue for purposes |
| 106 | of s. 28.36 and may not be used in establishing the budget of |
| 107 | the clerk of the court under that section or s. 28.35. The |
| 108 | department shall contract with the Florida Association of Court |
| 109 | Clerks, Inc., to design, establish, operate, upgrade, and |
| 110 | maintain an automated statewide Uniform Traffic Citation |
| 111 | Accounting System to be operated by the clerks of the court |
| 112 | which shall include, but not be limited to, the accounting for |
| 113 | traffic infractions by type, a record of the disposition of the |
| 114 | citations, and an accounting system for the fines assessed and |
| 115 | the subsequent fine amounts paid to the clerks of the court. On |
| 116 | or before December 1, 2001, the clerks of the court must provide |
| 117 | the information required by this chapter to be transmitted to |
| 118 | the department by electronic transmission pursuant to the |
| 119 | contract. |
| 120 | Section 3. Subsections (1) and (3) of section 319.32, |
| 121 | Florida Statutes, are amended to read: |
| 122 | 319.32 Fees; service charges; disposition.-- |
| 123 | (1)(a) The department shall charge a fee of $24 for each |
| 124 | original certificate of title except for a certificate of title |
| 125 | for a motor vehicle for hire registered under s. 320.08(6), for |
| 126 | which the title fee shall be $3, $24 for each duplicate copy of |
| 127 | a certificate of title except for a certificate of title for a |
| 128 | motor vehicle for hire registered under s. 320.08(6), for which |
| 129 | the title fee shall be $3, $2 for each salvage certificate of |
| 130 | title, and $3 for each assignment by a lienholder. It shall also |
| 131 | charge a fee of $2 for noting a lien on a title certificate, |
| 132 | which fee shall include the services for the subsequent issuance |
| 133 | of a corrected certificate or cancellation of lien when that |
| 134 | lien is satisfied. If an application for a certificate of title |
| 135 | is for a rebuilt vehicle, the department shall charge an |
| 136 | additional fee of $40 for conducting a physical examination of |
| 137 | the vehicle to assure its identity. In addition to all other |
| 138 | fees charged, a sum of $1 shall be paid for the issuance of an |
| 139 | original or duplicate certificate of title to cover the cost of |
| 140 | materials used for security purposes. |
| 141 | (b) In addition to the fees for each original certificate |
| 142 | of title and for each application for a certificate of title for |
| 143 | a rebuilt vehicle, there shall be a fee of $2 for each such |
| 144 | title or application, which shall be remitted to the Department |
| 145 | of Revenue to be deposited into the Criminal Justice Standards |
| 146 | and Training Trust Fund and used for supplemental salary |
| 147 | increases to law enforcement, correctional, and correctional |
| 148 | probation officers, as defined in s. 943.10(1), (2), and (3), |
| 149 | who are employed in sworn or certified public safety occupations |
| 150 | by the state. |
| 151 | (3) The department shall charge a fee of $4 in addition to |
| 152 | those that charged in subsection (1) for each original |
| 153 | certificate of title issued for a vehicle previously registered |
| 154 | outside this state. |
| 155 | Section 4. Section 319.323, Florida Statutes, is amended |
| 156 | to read: |
| 157 | 319.323 Expedited service; applications; fees.--The |
| 158 | department shall establish a separate title office which may be |
| 159 | utilized by private citizens and licensed motor vehicle dealers |
| 160 | to receive expedited service on title transfers, title |
| 161 | issuances, duplicate titles, and recordation of liens, and |
| 162 | certificates of repossession. A fee of $9 $7 shall be charged |
| 163 | for this service, which fee is in addition to the fees imposed |
| 164 | by s. 319.32. Two dollars of this fee shall be remitted to the |
| 165 | Department of Revenue to be deposited into the Criminal Justice |
| 166 | Standards and Training Trust Fund and used for supplemental |
| 167 | salary increases to law enforcement, correctional, and |
| 168 | correctional probation officers, as defined in s. 943.10(1), |
| 169 | (2), and (3), who are employed in sworn or certified public |
| 170 | safety occupations by the state. Application for such expedited |
| 171 | service may be made by mail or in person. The department shall |
| 172 | issue each title applied for pursuant to this section within 5 |
| 173 | working days after receipt of the application except for an |
| 174 | application for a duplicate title certificate covered by s. |
| 175 | 319.23(4), in which case the title must be issued within 5 |
| 176 | working days after compliance with the department's verification |
| 177 | requirements. |
| 178 | Section 5. Subsection (1) of section 319.324, Florida |
| 179 | Statutes, is amended to read: |
| 180 | 319.324 Odometer fraud prevention and detection; |
| 181 | funding.-- |
| 182 | (1)(a) Moneys received by the department pursuant to s. |
| 183 | 319.32(1) in the amount of $2 $1 for each original certificate |
| 184 | of title, each duplicate copy of a certificate of title, and |
| 185 | each assignment by a lienholder. One dollar of this fee shall be |
| 186 | deposited into the Highway Safety Operating Trust Fund and $1 of |
| 187 | this fee shall be remitted to the Department of Revenue to be |
| 188 | deposited into the Criminal Justice Standards and Training Trust |
| 189 | Fund and used for supplemental salary increases to law |
| 190 | enforcement, correctional, and correctional probation officers, |
| 191 | as defined in s. 943.10(1), (2), and (3), who are employed in |
| 192 | sworn or certified public safety occupations by the state. |
| 193 | (b) There shall also be deposited into the Highway Safety |
| 194 | Operating Trust Fund moneys received by the department pursuant |
| 195 | to s. 319.323 in the amount of $2 for each expedited service |
| 196 | performed by the department for which a fee is assessed. |
| 197 | Section 6. Section 320.08041, Florida Statutes, is created |
| 198 | to read: |
| 199 | 320.08041 Surcharge on license tax; Criminal Justice |
| 200 | Standards and Training Trust Fund.--There is levied and imposed |
| 201 | on each license tax imposed under s. 320.08, except those set |
| 202 | forth in s. 320.08(11), a surcharge in the amount of $2, which |
| 203 | shall be collected in the same manner as the annual license tax |
| 204 | and deposited into the Criminal Justice Standards and Training |
| 205 | Trust Fund and used for supplemental salary increases to law |
| 206 | enforcement, correctional, and correctional probation officers, |
| 207 | as defined in s. 943.10(1), (2), and (3), who are employed in |
| 208 | sworn or certified public safety occupations by the state. |
| 209 | Section 7. Paragraph (b) of subsection (2) of section |
| 210 | 320.07, Florida Statutes, is amended to read: |
| 211 | 320.07 Expiration of registration; renewal required; |
| 212 | penalties.-- |
| 213 | (2) Registration shall be renewed semiannually, annually, |
| 214 | or biennially, as provided in this subsection, during the |
| 215 | applicable renewal period, upon payment of the applicable |
| 216 | license tax amounts required by s. 320.08, service charges |
| 217 | required by s. 320.04, and any additional fees required by law. |
| 218 | (b) Any person who owns a motor vehicle or mobile home |
| 219 | registered under s. 320.08(1), (2), (3), (4)(a) or (b), (6), |
| 220 | (7), (8), (9), (10), or (11) may renew the vehicle registration |
| 221 | biennially during the applicable renewal period upon payment of |
| 222 | the 2-year cumulative total of all applicable license tax |
| 223 | amounts required by s. 320.08 and service charges or surcharges |
| 224 | required by ss. 320.03, 320.04, 320.0801, 320.08015, 320.0802, |
| 225 | 320.0804, 320.08041 320.0805, 320.08046, 320.0805, and 320.08056 |
| 226 | and payment of the 2-year cumulative total of any additional |
| 227 | fees required by law for an annual registration. |
| 228 | Section 8. Subsection (2) of section 320.0805, Florida |
| 229 | Statutes, as amended by chapter 2009-14, Laws of Florida, is |
| 230 | amended to read: |
| 231 | 320.0805 Personalized prestige license plates.-- |
| 232 | (2)(a) Each request for specific numbers or letters or |
| 233 | combinations thereof shall be submitted annually to the |
| 234 | department on an application form supplied by the department, |
| 235 | accompanied by the following tax and fees: |
| 236 | 1.(a) The license tax required for the vehicle, as set |
| 237 | forth in s. 320.08. |
| 238 | 2.(b) A prestige plate annual use fee of $10. |
| 239 | 3.(c) A processing fee of $4 $2, to be deposited into the |
| 240 | Highway Safety Operating Trust Fund. |
| 241 | (b) Two dollars of the processing fee shall be remitted to |
| 242 | the Department of Revenue to be deposited into the Criminal |
| 243 | Justice Standards and Training Trust Fund and used for |
| 244 | supplemental salary increases to law enforcement, correctional, |
| 245 | and correctional probation officers, as defined in s. 943.10(1), |
| 246 | (2), and (3), who are employed in sworn or certified public |
| 247 | safety occupations by the state. |
| 248 | Section 9. Subsection (2) of section 320.131, Florida |
| 249 | Statutes, is amended to read: |
| 250 | 320.131 Temporary tags.-- |
| 251 | (2) The department is authorized to sell temporary tags, |
| 252 | in addition to those listed above, to their agents and where |
| 253 | need is demonstrated by a consumer complainant. The fee shall be |
| 254 | $3 $2 each. One dollar from each tag sold shall be deposited |
| 255 | into the Brain and Spinal Cord Injury Rehabilitation Trust Fund, |
| 256 | $1 shall be remitted to the Department of Revenue to be |
| 257 | deposited into the Criminal Justice Standards and Training Trust |
| 258 | Fund and used for supplemental salary increases to law |
| 259 | enforcement, correctional, and correctional probation officers, |
| 260 | as defined in s. 943.10(1), (2), and (3), who are employed in |
| 261 | sworn or certified public safety occupations by the state, with |
| 262 | the remaining proceeds being deposited into the Highway Safety |
| 263 | Operating Trust Fund. Agents of the department shall sell |
| 264 | temporary tags for $3 $2 each and shall charge the service |
| 265 | charge authorized by s. 320.04 per transaction, regardless of |
| 266 | the quantity sold. Requests for purchase of temporary tags to |
| 267 | the department or its agents shall be made, where applicable, on |
| 268 | letterhead stationery and notarized. Except as specifically |
| 269 | provided otherwise, a temporary tag shall be valid for 30 days, |
| 270 | and no more than two shall be issued to the same person for the |
| 271 | same vehicle. |
| 272 | Section 10. Subsection (1) of section 320.71, Florida |
| 273 | Statutes, is amended to read: |
| 274 | 320.71 Nonresident motor vehicle, mobile home, or |
| 275 | recreational vehicle dealer's license.-- |
| 276 | (1) Any person who is a nonresident of the state, who does |
| 277 | not have a dealer's contract from the manufacturer or |
| 278 | manufacturer's distributor of motor vehicles, mobile homes, or |
| 279 | recreational vehicles authorizing the sale thereof in definite |
| 280 | Florida territory, and who sells or engages in the business of |
| 281 | selling said vehicles at retail within the state shall register |
| 282 | with the Department of Revenue for a sales tax dealer |
| 283 | registration number and comply with chapter 212, and pay a |
| 284 | license tax of $2,000 per annum in each county where such sales |
| 285 | are made; $1,250 of said tax shall be transmitted to the |
| 286 | Department of Financial Services to be deposited in the General |
| 287 | Revenue Fund of the state, and $750 thereof shall be returned to |
| 288 | the county. The license tax shall cover the period from January |
| 289 | 1 to the following December 31, and no such license shall be |
| 290 | issued for any fractional part of a year. In addition to the |
| 291 | fees in this subsection, a fee of $10 shall be charged for each |
| 292 | application or renewal, which shall be remitted to the |
| 293 | Department of Revenue to be deposited into the Criminal Justice |
| 294 | Standards and Training Trust Fund and used for supplemental |
| 295 | salary increases to law enforcement, correctional, and |
| 296 | correctional probation officers, as defined in s. 943.10(1), |
| 297 | (2), and (3), who are employed in sworn or certified public |
| 298 | safety occupations by the state. |
| 299 | Section 11. Subsection (3) of section 320.8225, Florida |
| 300 | Statutes, is amended to read: |
| 301 | 320.8225 Mobile home and recreational vehicle |
| 302 | manufacturer, distributor, and importer license.-- |
| 303 | (3) FEES.-- |
| 304 | (a) Upon submitting an initial application, the applicant |
| 305 | shall pay to the department a fee of $300. Upon submitting a |
| 306 | renewal application, the applicant shall pay to the department a |
| 307 | fee of $100. Any applicant for renewal who fails to submit his |
| 308 | or her renewal application by October 1 shall pay a renewal |
| 309 | application fee equal to the original application fee. No fee is |
| 310 | refundable. All fees collected under this paragraph must be |
| 311 | deposited into the General Revenue Fund. |
| 312 | (b) In addition to the application and renewal fees listed |
| 313 | in paragraph (a), a fee of $10 shall be charged for each |
| 314 | application or renewal, which shall be remitted to the |
| 315 | Department of Revenue to be deposited into the Criminal Justice |
| 316 | Standards and Training Trust Fund and used for supplemental |
| 317 | salary increases to law enforcement, correctional, and |
| 318 | correctional probation officers, as defined in s. 943.10(1), |
| 319 | (2), and (3), who are employed in sworn or certified public |
| 320 | safety occupations by the state. |
| 321 | Section 12. Subsections (1) and (8) of section 322.21, |
| 322 | Florida Statutes, are amended to read: |
| 323 | 322.21 License fees; procedure for handling and collecting |
| 324 | fees; distribution of funds.-- |
| 325 | (1)(a) Except as otherwise provided herein, the fee for: |
| 326 | 1.(a) An original or renewal commercial driver's license |
| 327 | is $67, which shall include the fee for driver education |
| 328 | provided by s. 1003.48; however, if an applicant has completed |
| 329 | training and is applying for employment or is currently employed |
| 330 | in a public or nonpublic school system that requires the |
| 331 | commercial license, the fee shall be the same as for a Class E |
| 332 | driver's license. A delinquent fee of $1 shall be added for a |
| 333 | renewal made not more than 12 months after the license |
| 334 | expiration date. |
| 335 | 2.(b) An original Class E driver's license is $27, which |
| 336 | shall include the fee for driver's education provided by s. |
| 337 | 1003.48; however, if an applicant has completed training and is |
| 338 | applying for employment or is currently employed in a public or |
| 339 | nonpublic school system that requires a commercial driver |
| 340 | license, the fee shall be the same as for a Class E license. |
| 341 | 3.(c) The renewal or extension of a Class E driver's |
| 342 | license or of a license restricted to motorcycle use only is |
| 343 | $20, except that a delinquent fee of $1 shall be added for a |
| 344 | renewal or extension made not more than 12 months after the |
| 345 | license expiration date. The fee provided in this subparagraph |
| 346 | paragraph shall include the fee for driver's education provided |
| 347 | by s. 1003.48. |
| 348 | 4.(d) An original driver's license restricted to |
| 349 | motorcycle use only is $27, which shall include the fee for |
| 350 | driver's education provided by s. 1003.48. |
| 351 | 5.(e) A replacement driver's license issued pursuant to s. |
| 352 | 322.17 is $10. Of this amount $7 shall be deposited into the |
| 353 | Highway Safety Operating Trust Fund and $3 shall be deposited |
| 354 | into the General Revenue Fund. |
| 355 | 6.(f) An original, renewal, or replacement identification |
| 356 | card issued pursuant to s. 322.051 is $10. Funds collected from |
| 357 | these fees shall be distributed as follows: |
| 358 | a.1. For an original identification card issued pursuant |
| 359 | to s. 322.051 the fee shall be $10. This amount shall be |
| 360 | deposited into the General Revenue Fund. |
| 361 | b.2. For a renewal identification card issued pursuant to |
| 362 | s. 322.051 the fee shall be $10. Of this amount, $6 shall be |
| 363 | deposited into the Highway Safety Operating Trust Fund and $4 |
| 364 | shall be deposited into the General Revenue Fund. |
| 365 | c.3. For a replacement identification card issued pursuant |
| 366 | to s. 322.051 the fee shall be $10. Of this amount, $9 shall be |
| 367 | deposited into the Highway Safety Operating Trust Fund and $1 |
| 368 | shall be deposited into the General Revenue Fund. |
| 369 | 7.(g) Each endorsement required by s. 322.57 is $7. |
| 370 | 8.(h) A hazardous-materials endorsement, as required by s. |
| 371 | 322.57(1)(d), shall be set by the department by rule and shall |
| 372 | reflect the cost of the required criminal history check, |
| 373 | including the cost of the state and federal fingerprint check, |
| 374 | and the cost to the department of providing and issuing the |
| 375 | license. The fee shall not exceed $100. This fee shall be |
| 376 | deposited in the Highway Safety Operating Trust Fund. The |
| 377 | department may adopt rules to administer this section. |
| 378 | (b) A fee of $4 shall be added to each renewal subject to |
| 379 | a delinquent fee under subparagraph (a)1. or subparagraph (a)3. |
| 380 | The proceeds of these fees shall be remitted to the Department |
| 381 | of Revenue to be deposited into the Criminal Justice Standards |
| 382 | and Training Trust Fund and used for supplemental salary |
| 383 | increases to law enforcement, correctional, and correctional |
| 384 | probation officers, as defined in s. 943.10(1), (2), and (3), |
| 385 | who are employed in sworn or certified public safety occupations |
| 386 | by the state. |
| 387 | (8) Any person who applies for reinstatement following the |
| 388 | suspension or revocation of the person's driver's license shall |
| 389 | pay a service fee of $45 $35 following a suspension, and $75 $60 |
| 390 | following a revocation, which is in addition to the fee for a |
| 391 | license. Any person who applies for reinstatement of a |
| 392 | commercial driver's license following the disqualification of |
| 393 | the person's privilege to operate a commercial motor vehicle |
| 394 | shall pay a service fee of $75 $60, which is in addition to the |
| 395 | fee for a license. The department shall collect all of these |
| 396 | fees at the time of reinstatement. The department shall issue |
| 397 | proper receipts for such fees and shall promptly transmit all |
| 398 | funds received by it as follows: |
| 399 | (a) Of the $45 $35 fee received from a licensee for |
| 400 | reinstatement following a suspension, the department shall |
| 401 | deposit $15 in the General Revenue Fund, and $20 in the Highway |
| 402 | Safety Operating Trust Fund, and $10 into the Criminal Justice |
| 403 | Standards and Training Trust Fund. |
| 404 | (b) Of the $75 $60 fee received from a licensee for |
| 405 | reinstatement following a revocation or disqualification, the |
| 406 | department shall deposit $35 in the General Revenue Fund, and |
| 407 | $25 in the Highway Safety Operating Trust Fund, and $15 into the |
| 408 | Criminal Justice Standards and Training Trust Fund. |
| 409 |
|
| 410 | If the revocation or suspension of the driver's license was for |
| 411 | a violation of s. 316.193, or for refusal to submit to a lawful |
| 412 | breath, blood, or urine test, an additional fee of $130 $115 |
| 413 | must be charged. However, only one $130 $115 fee may be |
| 414 | collected from one person convicted of violations arising out of |
| 415 | the same incident. The department shall collect the $130 $115 |
| 416 | fee and deposit $115 of the fee into the Highway Safety |
| 417 | Operating Trust Fund and $15 of the fee into the Criminal |
| 418 | Justice Standards and Training Trust Fund at the time of |
| 419 | reinstatement of the person's driver's license, but the fee may |
| 420 | not be collected if the suspension or revocation is overturned. |
| 421 | If the revocation or suspension of the driver's license was for |
| 422 | a conviction for a violation of s. 817.234(8) or (9) or s. |
| 423 | 817.505, an additional fee of $180 is imposed for each offense. |
| 424 | The department shall collect and deposit the additional fee into |
| 425 | the Highway Safety Operating Trust Fund at the time of |
| 426 | reinstatement of the person's driver's license. The portion of |
| 427 | each additional fee imposed by this subsection remitted to the |
| 428 | Criminal Justice Standards and Training Trust Fund shall be used |
| 429 | for supplemental salary increases to law enforcement, |
| 430 | correctional, and correctional probation officers, as defined in |
| 431 | s. 943.10(1), (2), and (3), who are employed in sworn or |
| 432 | certified public safety occupations by the state. |
| 433 | Section 13. Subsection (2) of section 322.29, Florida |
| 434 | Statutes, is amended to read: |
| 435 | 322.29 Surrender and return of license.-- |
| 436 | (2) The provisions of subsection (1) to the contrary |
| 437 | notwithstanding, no examination is required for the return of a |
| 438 | license suspended under s. 318.15 or s. 322.245 unless an |
| 439 | examination is otherwise required by this chapter. Every person |
| 440 | applying for the return of a license suspended under s. 318.15 |
| 441 | or s. 322.245 shall present to the department certification from |
| 442 | the court that he or she has complied with all obligations and |
| 443 | penalties imposed on him or her pursuant to s. 318.15 or, in the |
| 444 | case of a suspension pursuant to s. 322.245, that he or she has |
| 445 | complied with all directives of the court and the requirements |
| 446 | of s. 322.245 and shall pay to the department a nonrefundable |
| 447 | service fee of $60 $47.50, of which $37.50 shall be deposited |
| 448 | into the General Revenue Fund, and $10 shall be deposited into |
| 449 | the Highway Safety Operating Trust Fund, and $12.50 shall be |
| 450 | deposited into the Criminal Justice Standards and Training Trust |
| 451 | Fund. If reinstated by the clerk of the court or tax collector, |
| 452 | $37.50 shall be retained, and $10 shall be remitted to the |
| 453 | Department of Revenue for deposit into the Highway Safety |
| 454 | Operating Trust Fund, and $12.50 shall be deposited into the |
| 455 | Criminal Justice Standards and Training Trust Fund. However, the |
| 456 | service fee is not required if the person is required to pay a |
| 457 | $45 $35 fee or $75 $60 fee under the provisions of s. 322.21. |
| 458 | The portion of each additional fee imposed by this subsection |
| 459 | remitted to the Criminal Justice Standards and Training Trust |
| 460 | Fund shall be used for supplemental salary increases to law |
| 461 | enforcement, correctional, and correctional probation officers, |
| 462 | as defined in s. 943.10(1), (2), and (3), who are employed in |
| 463 | sworn or certified public safety occupations by the state. |
| 464 | Section 14. Subsection (6) of section 328.03, Florida |
| 465 | Statutes, is amended to read: |
| 466 | 328.03 Certificate of title required.-- |
| 467 | (6)(a) The Department of Highway Safety and Motor Vehicles |
| 468 | shall charge a fee of $6.25 $5.25 for issuing each certificate |
| 469 | of title. The tax collector shall be entitled to retain $3.75 of |
| 470 | the fee. Notwithstanding any other law, $1 of the fee shall be |
| 471 | remitted to the Department of Revenue to be deposited into the |
| 472 | Criminal Justice Standards and Training Trust Fund and used for |
| 473 | supplemental salary increases to law enforcement, correctional, |
| 474 | and correctional probation officers, as defined in s. 943.10(1), |
| 475 | (2), and (3), who are employed in sworn or certified public |
| 476 | safety occupations by the state. |
| 477 | (b) Beginning July 1, 1996, The Department of Highway |
| 478 | Safety and Motor Vehicles shall use security procedures, |
| 479 | processes, and materials in the preparation and issuance of each |
| 480 | certificate of title to prohibit, to the extent possible, a |
| 481 | person's ability to alter, counterfeit, duplicate, or modify the |
| 482 | certificate. |
| 483 | Section 15. Subsection (1) of section 379.2201, Florida |
| 484 | Statutes, is amended to read: |
| 485 | 379.2201 Deposit of license fees; allocation of federal |
| 486 | funds.-- |
| 487 | (1) Except as provided in ss. 379.203, and 379.207, and |
| 488 | 379.354(18), all saltwater license and permit fees collected |
| 489 | pursuant to s. 379.354 shall be deposited into the Marine |
| 490 | Resources Conservation Trust Fund, to be used as follows: |
| 491 | (a) Not more than 7.5 percent of the total fees collected |
| 492 | shall be used for administration of the licensing program and |
| 493 | for information and education. |
| 494 | (b) Not less than 30 percent of the total fees collected |
| 495 | shall be used for law enforcement. |
| 496 | (c) Not less than 32.5 percent of the total fees collected |
| 497 | shall be used for marine research and management. |
| 498 | (d) Not less than 30 percent of the total fees collected, |
| 499 | for fishery enhancement, including, but not limited to, fishery |
| 500 | statistics development, artificial reefs, and fish hatcheries. |
| 501 | Section 16. Paragraph (b) of subsection (2) of section |
| 502 | 943.0585, Florida Statutes, is amended to read: |
| 503 | 943.0585 Court-ordered expunction of criminal history |
| 504 | records.--The courts of this state have jurisdiction over their |
| 505 | own procedures, including the maintenance, expunction, and |
| 506 | correction of judicial records containing criminal history |
| 507 | information to the extent such procedures are not inconsistent |
| 508 | with the conditions, responsibilities, and duties established by |
| 509 | this section. Any court of competent jurisdiction may order a |
| 510 | criminal justice agency to expunge the criminal history record |
| 511 | of a minor or an adult who complies with the requirements of |
| 512 | this section. The court shall not order a criminal justice |
| 513 | agency to expunge a criminal history record until the person |
| 514 | seeking to expunge a criminal history record has applied for and |
| 515 | received a certificate of eligibility for expunction pursuant to |
| 516 | subsection (2). A criminal history record that relates to a |
| 517 | violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, |
| 518 | s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. |
| 519 | 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. |
| 520 | 893.135, s. 916.1075, a violation enumerated in s. 907.041, or |
| 521 | any violation specified as a predicate offense for registration |
| 522 | as a sexual predator pursuant to s. 775.21, without regard to |
| 523 | whether that offense alone is sufficient to require such |
| 524 | registration, or for registration as a sexual offender pursuant |
| 525 | to s. 943.0435, may not be expunged, without regard to whether |
| 526 | adjudication was withheld, if the defendant was found guilty of |
| 527 | or pled guilty or nolo contendere to the offense, or if the |
| 528 | defendant, as a minor, was found to have committed, or pled |
| 529 | guilty or nolo contendere to committing, the offense as a |
| 530 | delinquent act. The court may only order expunction of a |
| 531 | criminal history record pertaining to one arrest or one incident |
| 532 | of alleged criminal activity, except as provided in this |
| 533 | section. The court may, at its sole discretion, order the |
| 534 | expunction of a criminal history record pertaining to more than |
| 535 | one arrest if the additional arrests directly relate to the |
| 536 | original arrest. If the court intends to order the expunction of |
| 537 | records pertaining to such additional arrests, such intent must |
| 538 | be specified in the order. A criminal justice agency may not |
| 539 | expunge any record pertaining to such additional arrests if the |
| 540 | order to expunge does not articulate the intention of the court |
| 541 | to expunge a record pertaining to more than one arrest. This |
| 542 | section does not prevent the court from ordering the expunction |
| 543 | of only a portion of a criminal history record pertaining to one |
| 544 | arrest or one incident of alleged criminal activity. |
| 545 | Notwithstanding any law to the contrary, a criminal justice |
| 546 | agency may comply with laws, court orders, and official requests |
| 547 | of other jurisdictions relating to expunction, correction, or |
| 548 | confidential handling of criminal history records or information |
| 549 | derived therefrom. This section does not confer any right to the |
| 550 | expunction of any criminal history record, and any request for |
| 551 | expunction of a criminal history record may be denied at the |
| 552 | sole discretion of the court. |
| 553 | (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to |
| 554 | petitioning the court to expunge a criminal history record, a |
| 555 | person seeking to expunge a criminal history record shall apply |
| 556 | to the department for a certificate of eligibility for |
| 557 | expunction. The department shall, by rule adopted pursuant to |
| 558 | chapter 120, establish procedures pertaining to the application |
| 559 | for and issuance of certificates of eligibility for expunction. |
| 560 | A certificate of eligibility for expunction is valid for 12 |
| 561 | months after the date stamped on the certificate when issued by |
| 562 | the department. After that time, the petitioner must reapply to |
| 563 | the department for a new certificate of eligibility. Eligibility |
| 564 | for a renewed certification of eligibility must be based on the |
| 565 | status of the applicant and the law in effect at the time of the |
| 566 | renewal application. The department shall issue a certificate of |
| 567 | eligibility for expunction to a person who is the subject of a |
| 568 | criminal history record if that person: |
| 569 | (b) Remits a $150 $75 processing fee to the department for |
| 570 | placement of $75 in the Department of Law Enforcement Operating |
| 571 | Trust Fund and $75 into the Criminal Justice Standard and |
| 572 | Training Trust Fund to be used for supplemental salary increases |
| 573 | to law enforcement, correctional, and correctional probation |
| 574 | officers, as defined in s. 943.10(1), (2), and (3), who are |
| 575 | employed in sworn or certified public safety occupations by the |
| 576 | state, unless such fee is waived by the executive director. |
| 577 | Section 17. Paragraph (e) of subsection (1) of section |
| 578 | 945.215, Florida Statutes, is amended to read: |
| 579 | 945.215 Inmate welfare and employee benefit trust funds.-- |
| 580 | (1) INMATE PURCHASES; DEPARTMENT OF CORRECTIONS.-- |
| 581 | (e) Items for resale at inmate canteens and vending |
| 582 | machines maintained at the correctional facilities shall be |
| 583 | priced comparatively with like items for retail sale at fair |
| 584 | market prices except for an additional 4-percent surcharge |
| 585 | imposed by this paragraph to be remitted to the Criminal Justice |
| 586 | Standards and Training Trust Fund. The proceeds from the |
| 587 | surcharge shall be used for supplemental salary increases to law |
| 588 | enforcement, correctional, and correctional probation officers, |
| 589 | as defined in s. 943.10(1), (2), and (3), who are employed in |
| 590 | sworn or certified public safety occupations by the state. |
| 591 | Section 18. Subsections (2) and (8) of section 943.25, |
| 592 | Florida Statutes, are amended to read: |
| 593 | 943.25 Criminal justice trust funds; source of funds; use |
| 594 | of funds.-- |
| 595 | (2) There is created, within the Department of Law |
| 596 | Enforcement, the Criminal Justice Standards and Training Trust |
| 597 | Fund to provide for the purpose of providing for the payment of |
| 598 | necessary and proper expenses incurred by the operation of the |
| 599 | commission and the Criminal Justice Professionalism Program and |
| 600 | providing commission-approved criminal justice advanced and |
| 601 | specialized training and criminal justice training school |
| 602 | enhancements, including and of establishing the provisions of s. |
| 603 | 943.17 and developing the specific tests provided under s. |
| 604 | 943.12(9), and for supplemental salary increases to law |
| 605 | enforcement, correctional, and correctional probation officers, |
| 606 | as defined in s. 943.10(1), (2), and (3), who are employed in |
| 607 | sworn or certified public safety occupations by the state. The |
| 608 | program shall administer the Criminal Justice Standards and |
| 609 | Training Trust Fund and shall report the status of the fund at |
| 610 | each regularly scheduled commission meeting. |
| 611 | (8) All funds deposited in the Criminal Justice Standards |
| 612 | and Training Trust Fund shall be made available to the |
| 613 | department for implementation of training programs and |
| 614 | supplemental salary increases approved by the commission and the |
| 615 | head of the department. Any salary increases shall be additional |
| 616 | to any salary increases provided for general state employees in |
| 617 | the General Appropriations Act or other legislation implementing |
| 618 | that act and may be established at the discretion of the |
| 619 | Legislature. Only funds deposited into the fund pursuant to s. |
| 620 | 318.15(2), s. 318.18(8)(a), s. 319.32(1)(b), s. 319.323, s. |
| 621 | 319.324(1)(a), s. 320.08041, s. 320.0805(2)(b), s. 320.131(2), |
| 622 | s. 320.71(1), s. 320.8225(3)(b), s. 322.21(1)(b) and (8), s. |
| 623 | 322.29(2), s. 328.03(6)(a), s. 943.0585(2)(b), or s. |
| 624 | 945.215(1)(e) may be used to fund the salary increases described |
| 625 | in this subsection. All such salary increases must be |
| 626 | appropriated in the General Appropriations Act. |
| 627 | Section 19. This act shall take effect July 1, 2009. |