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. |