ENROLLED
2009 Legislature CS for CS for SB 1778, 2nd Engrossed
20091778er
1
2 An act relating to the Department of Highway Safety
3 and Motor Vehicles; terminating the DUI Programs
4 Coordination Trust Fund within the Department of
5 Highway Safety and Motor Vehicles; amending ss. 17.61
6 and 215.20, F.S.; deleting references to the trust
7 fund; amending s. 316.066, F.S.; increasing the fee
8 for a copy of a crash report provided by a certified
9 traffic records center; amending s. 318.15, F.S.;
10 increasing the amount and revising the disposition of
11 a service charge for reinstatement of a suspended
12 driver’s license; amending s. 319.23, F.S.; increasing
13 the fee relating to an application for a certificate
14 of title for a motor vehicle or motor home; amending
15 s. 319.32, F.S.; increasing fees for certain
16 certificates of title; providing a fee for certain
17 subsequent vehicle examinations; specifying criteria
18 for such examinations; providing a fee for shipping
19 and handling paper titles; providing for disposition
20 of the proceeds from the fees; amending ss. 319.323
21 and 319.324, F.S.; increasing the fee relating to
22 expedited service on title transfers, title issuances,
23 duplicate titles, recordation of liens, and
24 certificates of repossession; amending s. 320.023,
25 F.S.; requiring that any voluntary contribution on a
26 motor vehicle registration application be deposited
27 into and distributed from the Motor Vehicle License
28 Clearing Trust Fund; amending s. 320.03, F.S.;
29 increasing the amount and revising the disposition of
30 a fee for the registration of a motor vehicle;
31 amending s. 320.04, F.S.; increasing a service charge
32 on applications for an original or duplicate issuance
33 or the transfer of any license plate, mobile home
34 sticker, or validation sticker or for transfer or
35 duplicate issuance of any registration certificate;
36 providing for disposition of the proceeds from the
37 service charges; amending s. 320.06, F.S.; revising
38 the time period for which a registration license plate
39 and replacement plates may be issued; revising fees
40 for such replacement plates; increasing the fee for
41 motor vehicle registration; amending s. 320.0607,
42 F.S.; increasing fees for license plates; amending s.
43 320.072, F.S.; increasing a fee imposed on the initial
44 registration application for certain vehicles;
45 providing for disposition of the proceeds from the
46 fees; amending s. 320.08, F.S.; increasing the annual
47 license taxes for the operation of certain vehicles;
48 revising the disposition of those taxes; amending s.
49 320.0801, F.S.; increasing and revising the
50 disposition of surcharges on specified vehicles;
51 amending s 320.0804, F.S.; increasing and revising the
52 disposition of surcharges on specified vehicles;
53 amending s. 320.08046, F.S.; increasing the surcharge
54 levied on each license tax; amending s. 320.08048,
55 F.S.; increasing the fee for sample license plates;
56 amending s. 320.0805, F.S.; increasing the processing
57 fee for personalized prestige license plates; amending
58 s. 320.08056, F.S.; increasing the processing fee for
59 specialty license plates; establishing an annual fee
60 for the Autism license plate; amending s. 320.08058,
61 F.S.; revising the distribution and authorized uses of
62 proceeds from use fees for the Florida Golf specialty
63 license plate; providing for the establishment of the
64 Florida Junior Golf Council; creating an Autism
65 license plate; amending s. 320.081, F.S.; revising
66 provisions relating to the distribution of annual
67 license taxes imposed on mobile homes, park trailers,
68 travel trailers, and fifth-wheel trailers exceeding 35
69 feet in body length; requiring that such distribution
70 be made by payment by warrant drawn monthly by the
71 Chief Financial Officer; amending s. 320.13, F.S.;
72 authorizing a motor vehicle importer or distributor to
73 secure a manufacturer’s license plate; amending s.
74 320.203, F.S.; revising the disposition of revenue
75 derived from the registration of motor vehicles;
76 creating s. 320.204, F.S.; requiring that a specified
77 sum from the funds collected under ch. 320, F.S., be
78 transferred annually to the Transportation
79 Disadvantaged Trust Fund; amending s. 320.642, F.S.;
80 providing a fee and a service charge for publication
81 and delivery of a notice given by certain licensed
82 dealers; providing for disposition of moneys
83 collected; amending s. 321.23, F.S.; increasing the
84 cost of receiving a copy of a crash report from the
85 Department of Highway Safety and Motor Vehicles;
86 amending s. 322.051, F.S.; revising provisions
87 relating to a fee for obtaining a duplicate
88 identification card; amending s. 322.081, F.S.;
89 requiring that any voluntary contribution on a
90 driver’s license application be deposited into and
91 distributed from the Motor Vehicle License Clearing
92 Trust Fund; amending s. 322.12, F.S.; increasing the
93 fee for certain driver’s license examinations;
94 amending s. 322.135, F.S.; requiring driver’s license
95 agents to charge a service fee; limiting the
96 circumstances under which the service fee is imposed;
97 amending s. 322.20, F.S.; increasing fees for
98 obtaining certain records from the Division of Driver
99 Licenses; amending s. 322.201, F.S.; revising
100 provisions relating to the certification of certain
101 records as evidence; amending s. 322.21, F.S.;
102 increasing commercial driver license fees; providing
103 fees for persons requesting a review or a hearing and
104 for the disposition of such fees; increasing the fees
105 for the revocation or suspension of a driver’s license
106 or for refusing a breath, blood, or urine test;
107 amending s. 322.2715, F.S.; requiring that an
108 installer of a ignition interlock device collect and
109 remit an installation fee to the department to be
110 deposited into the Highway Safety Operating Trust Fund
111 for the operation of the Ignition Interlock Device
112 Program; amending s. 322.29, F.S.; increasing the fees
113 for the return of a suspended license; amending s.
114 322.292, F.S.; prohibiting a private probation
115 services provider from referring probationers to any
116 DUI program owned in whole or in part by that
117 probation services provider or its affiliates;
118 requiring the department to adopt rules; amending s.
119 322.293, F.S., relating to the DUI Programs
120 Coordination Trust Fund; conforming provisions to
121 changes made by the act; providing effective dates.
122
123 Be It Enacted by the Legislature of the State of Florida:
124
125 Section 1. (1) The DUI Programs Coordination Trust Fund
126 within the Department of Highway Safety and Motor Vehicles,
127 FLAIR number 76-2-172, is terminated on July 1, 2009.
128 (2) All current balances remaining in, and all revenues of,
129 the trust fund shall be transferred to the Highway Safety
130 Operating Trust Fund within the Department of Highway Safety and
131 Motor Vehicles, FLAIR number 76-2-009.
132 (3) The Department of Highway Safety and Motor Vehicles
133 shall pay any outstanding debts and obligations of the
134 terminated trust fund as soon as practicable. The Chief
135 Financial Officer shall close out and remove the terminated fund
136 from the various state accounting systems using generally
137 accepted accounting principles concerning warrants outstanding,
138 assets, and liabilities.
139 Section 2. Paragraph (c) of subsection (3) of section
140 17.61, Florida Statutes, is amended to read:
141 17.61 Chief Financial Officer; powers and duties in the
142 investment of certain funds.—
143 (3)
144 (c) Except as provided in this paragraph and except for
145 moneys described in paragraph (d), the following agencies may
146 shall not invest trust fund moneys as provided in this section,
147 but shall retain such moneys in their respective trust funds for
148 investment, with interest appropriated to the General Revenue
149 Fund, pursuant to s. 17.57:
150 1. The Agency for Health Care Administration, except for
151 the Tobacco Settlement Trust Fund.
152 2. The Agency for Persons with Disabilities, except for:
153 a. The Federal Grants Trust Fund.
154 b. The Tobacco Settlement Trust Fund.
155 3. The Department of Children and Family Services, except
156 for:
157 a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
158 b. The Social Services Block Grant Trust Fund.
159 c. The Tobacco Settlement Trust Fund.
160 d. The Working Capital Trust Fund.
161 4. The Department of Community Affairs, only for the
162 Operating Trust Fund.
163 5. The Department of Corrections.
164 6. The Department of Elderly Affairs, except for:
165 a. The Federal Grants Trust Fund.
166 b. The Tobacco Settlement Trust Fund.
167 7. The Department of Health, except for:
168 a. The Federal Grants Trust Fund.
169 b. The Grants and Donations Trust Fund.
170 c. The Maternal and Child Health Block Grant Trust Fund.
171 d. The Tobacco Settlement Trust Fund.
172 8. The Department of Highway Safety and Motor Vehicles,
173 only for:
174 a. The DUI Programs Coordination Trust Fund.
175 b. the Security Deposits Trust Fund.
176 9. The Department of Juvenile Justice.
177 10. The Department of Law Enforcement.
178 11. The Department of Legal Affairs.
179 12. The Department of State, only for:
180 a. The Grants and Donations Trust Fund.
181 b. The Records Management Trust Fund.
182 13. The Executive Office of the Governor, only for:
183 a. The Economic Development Transportation Trust Fund.
184 b. The Economic Development Trust Fund.
185 14. The Florida Public Service Commission, only for the
186 Florida Public Service Regulatory Trust Fund.
187 15. The Justice Administrative Commission.
188 16. The state courts system.
189 Section 3. Paragraphs (m) through (x) of subsection (4) of
190 section 215.20, Florida Statutes, are amended to read:
191 215.20 Certain income and certain trust funds to contribute
192 to the General Revenue Fund.—
193 (4) The income of a revenue nature deposited in the
194 following described trust funds, by whatever name designated, is
195 that from which the appropriations authorized by subsection (3)
196 shall be made:
197 (m) Within the Department of Highway Safety and Motor
198 Vehicles, the DUI Programs Coordination Trust Fund.
199 (m)(n) Within the Department of Legal Affairs, the Crimes
200 Compensation Trust Fund.
201 (n)(o) Within the Department of Management Services:
202 1. The Administrative Trust Fund.
203 2. The Architects Incidental Trust Fund.
204 3. The Bureau of Aircraft Trust Fund.
205 4. The Florida Facilities Pool Working Capital Trust Fund.
206 5. The Grants and Donations Trust Fund.
207 6. The Police and Firefighters’ Premium Tax Trust Fund.
208 7. The Public Employees Relations Commission Trust Fund.
209 8. The State Personnel System Trust Fund.
210 9. The Supervision Trust Fund.
211 10. The Working Capital Trust Fund.
212 (o)(p) Within the Department of Revenue:
213 1. The Additional Court Cost Clearing Trust Fund.
214 2. The Administrative Trust Fund.
215 3. The Certification Program Trust Fund.
216 4. The Fuel Tax Collection Trust Fund.
217 5. The Local Alternative Fuel User Fee Clearing Trust Fund.
218 6. The Local Option Fuel Tax Trust Fund.
219 7. The Motor Vehicle Rental Surcharge Clearing Trust Fund.
220 8. The Motor Vehicle Warranty Trust Fund.
221 9. The Oil and Gas Tax Trust Fund.
222 10. The Operations Trust Fund.
223 11. The Severance Tax Solid Mineral Trust Fund.
224 12. The State Alternative Fuel User Fee Clearing Trust
225 Fund.
226 13. All taxes levied on motor fuels other than gasoline
227 levied pursuant to the provisions of s. 206.87(1)(a).
228 (p)(q) Within the Department of State:
229 1. The Records Management Trust Fund.
230 2. The trust funds administered by the Division of
231 Historical Resources.
232 (q)(r) Within the Department of Transportation, all income
233 derived from outdoor advertising and overweight violations which
234 is deposited in the State Transportation Trust Fund.
235 (r)(s) Within the Department of Veterans’ Affairs:
236 1. The Grants and Donations Trust Fund.
237 2. The Operations and Maintenance Trust Fund.
238 3. The State Homes for Veterans Trust Fund.
239 (s)(t) Within the Division of Administrative Hearings, the
240 Administrative Trust Fund.
241 (t)(u) Within the Fish and Wildlife Conservation
242 Commission:
243 1. The Conservation and Recreation Lands Program Trust
244 Fund.
245 2. The Florida Panther Research and Management Trust Fund.
246 3. The Land Acquisition Trust Fund.
247 4. The Marine Resources Conservation Trust Fund, with the
248 exception of those fees collected for recreational saltwater
249 fishing licenses as provided in s. 379.354.
250 (u)(v) Within the Florida Public Service Commission, the
251 Florida Public Service Regulatory Trust Fund.
252 (v)(w) Within the Justice Administrative Commission, the
253 Indigent Criminal Defense Trust Fund.
254 (w)(x) Within the Office of Financial Regulation of the
255 Financial Services Commission:
256 1. The Administrative Trust Fund.
257 2. The Anti-Fraud Trust Fund.
258 3. The Financial Institutions’ Regulatory Trust Fund.
259 4. The Regulatory Trust Fund.
260
261 The enumeration of the foregoing moneys or trust funds shall not
262 prohibit the applicability of s. 215.24 should the Governor
263 determine that for the reasons mentioned in s. 215.24 the money
264 or trust funds should be exempt herefrom, as it is the purpose
265 of this law to exempt income from its force and effect when, by
266 the operation of this law, federal matching funds or
267 contributions or private grants to any trust fund would be lost
268 to the state.
269 Section 4. Paragraph (c) of subsection (4) of section
270 316.066, Florida Statutes, is amended to read:
271 316.066 Written reports of crashes.—
272 (4)
273 (c) Fees for copies of public records provided by a
274 certified traffic records center shall be charged and collected
275 as follows:
276
277 For a crash report.......................$10 $2 per copy.
278 For a homicide report.......................$25 per copy.
279 For a uniform traffic citation............$0.50 per copy.
280
281 The fees collected for copies of the public records provided by
282 a certified traffic records center shall be used to fund the
283 center or otherwise as designated by the county or counties
284 participating in the center.
285 Section 5. Subsection (2) of section 318.15, Florida
286 Statutes, is amended to read:
287 318.15 Failure to comply with civil penalty or to appear;
288 penalty.—
289 (2) After the suspension of a person’s the driver’s license
290 and privilege to drive of a person under subsection (1), the
291 license and privilege may not be reinstated until the person
292 complies with all obligations and penalties imposed on him or
293 her under s. 318.18 and presents to a driver license office a
294 certificate of compliance issued by the court, together with a
295 nonrefundable service charge of $60 up to $47.50 imposed under
296 s. 322.29, or presents a certificate of compliance and pays the
297 aforementioned service charge of up to $47.50 to the clerk of
298 the court or a driver licensing agent authorized under in s.
299 322.135 clearing such suspension. Of the charge collected by the
300 clerk of the court or driver licensing agent, $22.50 $10 shall
301 be remitted to the Department of Revenue to be deposited into
302 the Highway Safety Operating Trust Fund. Such person must shall
303 also be in compliance with requirements of chapter 322 before
304 prior to reinstatement.
305 Section 6. Subsection (6) of section 319.23, Florida
306 Statutes, is amended to read:
307 319.23 Application for, and issuance of, certificate of
308 title.—
309 (6) In the case of the sale of a motor vehicle or mobile
310 home by a licensed dealer to a general purchaser, the
311 certificate of title must shall be obtained in the name of the
312 purchaser by the dealer upon application signed by the
313 purchaser, and in each other case such certificate must shall be
314 obtained by the purchaser. In each case of transfer of a motor
315 vehicle or mobile home, the application for certificate of
316 title, or corrected certificate, or assignment or reassignment,
317 must shall be filed within 30 days from the delivery of the such
318 motor vehicle or mobile home to the purchaser. An applicant must
319 shall be required to pay a fee of $20 $10, in addition to all
320 other fees and penalties required by law, for failing to file
321 such application within the specified time. If When a licensed
322 dealer acquires a motor vehicle or mobile home as a trade-in,
323 the dealer must file with the department, within 30 days, a
324 notice of sale signed by the seller. The department shall update
325 its database for that title record to indicate “sold.” A
326 licensed dealer need not apply for a certificate of title for
327 any motor vehicle or mobile home in stock acquired for stock
328 purposes except as provided in s. 319.225.
329 Section 7. Subsections (1) of section 319.32, Florida
330 Statutes, is amended to read:
331 319.32 Fees; service charges; disposition.—
332 (1) The department shall charge a fee of $70 $24 for each
333 original certificate of title, except for a certificate of title
334 for a motor vehicle for hire registered under s. 320.08(6), for
335 which the title fee shall be $49; $3, $70 $24 for each duplicate
336 copy of a certificate of title, except for a certificate of
337 title for a motor vehicle for hire registered under s.
338 320.08(6), for which the title fee shall be $49; $3, $2 for each
339 salvage certificate of title;, and $3 for each assignment by a
340 lienholder. The department It shall also charge a fee of $2 for
341 noting a lien on a title certificate, which fee includes shall
342 include the services for the subsequent issuance of a corrected
343 certificate or cancellation of lien when that lien is satisfied.
344 If an application for a certificate of title is for a rebuilt
345 vehicle that is required by s. 319.14(1)(b) to have a physical
346 examination, the department shall charge an additional fee of
347 $40 for the initial examination and $20 for each subsequent
348 examination. The initial examination fee shall be deposited into
349 the General Revenue Fund, and each subsequent examination fee
350 shall be deposited into the Highway Safety Operating Trust Fund.
351 The conducting a physical examination of the vehicle includes,
352 but is not limited to, verification of the vehicle
353 identification number and verification of the bill of sale or
354 title for major components to assure its identity. In addition
355 to all other fees charged, a sum of $1 shall be paid for the
356 issuance of an original or duplicate certificate of title to
357 cover the cost of materials used for security purposes. A
358 service fee of $2.50, to be deposited into the Highway Safety
359 Operating Trust Fund, shall be charged for shipping and handling
360 for each paper title mailed by the department.
361 Section 8. Section 319.323, Florida Statutes, is amended to
362 read:
363 319.323 Expedited service; applications; fees.—The
364 department shall establish a separate title office which may be
365 used utilized by private citizens and licensed motor vehicle
366 dealers to receive expedited service on title transfers, title
367 issuances, duplicate titles, and recordation of liens, and
368 certificates of repossession. A fee of $10 $7 shall be charged
369 for this service, which fee is in addition to the fees imposed
370 by s. 319.32. The fee, after deducting the amount referenced by
371 s. 319.324 and $3.50 to be retained by the processing agency,
372 shall be deposited into the General Revenue Fund. Application
373 for such expedited service may be made by mail or in person. The
374 department shall issue each title applied for under pursuant to
375 this section within 5 working days after receipt of the
376 application except for an application for a duplicate title
377 certificate covered by s. 319.23(4), in which case the title
378 must be issued within 5 working days after compliance with the
379 department’s verification requirements.
380 Section 9. Subsection (1) of section 319.324, Florida
381 Statutes, is amended to read:
382 319.324 Odometer fraud prevention and detection; funding.—
383 (1) Moneys received by the department pursuant to s.
384 319.32(1) in the amount of $1 for each original certificate of
385 title, each duplicate copy of a certificate of title, and each
386 assignment by a lienholder shall be deposited into the Highway
387 Safety Operating Trust Fund. There shall also be deposited into
388 the fund moneys received by the department pursuant to s.
389 319.323 in the amount of $5 $2 for each expedited service
390 performed by the department for which a fee is assessed.
391 Section 10. Paragraph (c) of subsection (5) of section
392 320.023, Florida Statutes, is amended to read:
393 320.023 Requests to establish voluntary checkoff on motor
394 vehicle registration application.—
395 (5) A voluntary contribution collected and distributed
396 under this chapter, or any interest earned from those
397 contributions, may not be used for commercial or for-profit
398 activities or nor for general or administrative expenses, except
399 as authorized by law.
400 (c) Any voluntary contributions authorized by law shall be
401 deposited into and distributed from the Motor Vehicle License
402 Clearing Trust Fund to the recipients specified in this chapter
403 shall only be distributed to an organization under an
404 appropriation by the Legislature.
405 Section 11. Subsection (5) of section 320.03, Florida
406 Statutes, is amended to read:
407 320.03 Registration; duties of tax collectors;
408 International Registration Plan.—
409 (5) A fee of $1.25 50 cents shall be charged, in addition
410 to the fees required under s. 320.08, on every license
411 registration sold to cover the costs of the Florida Real Time
412 Vehicle Information System. The fees collected hereunder shall
413 be distributed as follows: 75 cents 25 cents into the Highway
414 Safety Operating Trust Fund, which shall be used to fund the
415 Florida Real Time Vehicle Information system and may be used to
416 fund the general operations of the department, and 50 25 cents
417 into the Highway Safety Operating Trust Fund to be used
418 exclusively to fund the Florida Real Time Vehicle Information
419 system. The only use of this latter portion of the fee is shall
420 be to fund the Florida Real Time Vehicle Information system
421 equipment, software, personnel associated with the maintenance
422 and programming of the system, and networks used in the offices
423 of the county tax collectors as agents of the department and the
424 ancillary technology necessary to integrate the Florida Real
425 Time Vehicle Information system with other tax collection
426 systems. The department shall administer this program upon
427 consultation with the Florida Tax Collectors, Inc., to ensure
428 that each county tax collector’s office is will be
429 technologically equipped and functional for the operation of the
430 Florida Real Time Vehicle Information System. Any of the
431 designated revenue collected to support functions of the county
432 tax collectors and not used in a given year must will remain
433 exclusively in the trust fund as a carryover to the following
434 year.
435 Section 12. Subsection (1) of section 320.04, Florida
436 Statutes, is amended to read:
437 320.04 Registration service charge.—
438 (1)(a) There shall be a service charge of $5 $2.50 for each
439 application which is handled in connection with original
440 issuance, duplicate issuance, or transfer of any license plate,
441 mobile home sticker, or validation sticker or with transfer or
442 duplicate issuance of any registration certificate. Of that
443 amount, $2.50 shall be deposited into the General Revenue Fund,
444 and the remainder shall be retained by the department or by the
445 tax collector, as the case may be, as other fees accruing to
446 those offices.
447 (b) There shall may also be a service charge of $3 up to $1
448 for the issuance of each license plate validation sticker,
449 vessel decal, and mobile home sticker issued from an automated
450 vending facility or printer dispenser machine, which is shall be
451 payable to and retained by the department. Of that amount, $1
452 shall be used to provide for automated vending facilities or
453 printer dispenser machines used to dispense such stickers and
454 decals by each tax collector’s or license tag agent’s employee.
455 The remaining $2 shall be deposited into the General Revenue
456 Fund.
457 (c)(b) The In addition to the fees provided in paragraph
458 (a), any tax collector may impose an additional service charge
459 of not more than 50 cents on any transaction specified in
460 paragraph (a) or paragraph (b), or on any transaction specified
461 in s. 319.32(2)(a) or s. 328.48 if when such transaction occurs
462 at any tax collector’s branch office.
463 (c) The service charges prescribed by paragraphs (a) and
464 (b) shall be collected from the applicant as compensation for
465 all services rendered in connection with the handling of the
466 application. Such fees shall be retained by the department or by
467 the tax collector, as the case may be, as other fees accruing to
468 those offices.
469 Section 13. Paragraph (b) of subsection (1) and subsection
470 (3) of section 320.06, Florida Statutes, as amended by section 2
471 of chapter 2009-14, Laws of Florida, are amended to read:
472 320.06 Registration certificates, license plates, and
473 validation stickers generally.—
474 (1)
475 (b) Registration license plates bearing a graphic symbol
476 and the alphanumeric system of identification shall be issued
477 for a 10-year 6-year period. At the end of that 10-year 6-year
478 period, upon renewal, the plate shall be replaced. The
479 department shall extend stagger the scheduled implementation of
480 the 6-year license plate replacement date from a 6-year period
481 to a 10-year period cycle. The fee for such replacement is $28
482 $12, $2.80 $2 of which shall be paid each year before the plate
483 is replaced, to be credited towards the next $28 $12 replacement
484 fee. The fees shall be deposited into the Highway Safety
485 Operating Trust Fund. A credit or refund may shall not be given
486 for any prior years’ payments of such prorated replacement fee
487 if the plate is replaced or surrendered before the end of the
488 10-year 6-year period, except that a credit may be given if when
489 a registrant is required by the department to replace a license
490 plate under s. 320.08056(8)(a). With each license plate, there
491 shall be issued a validation sticker shall be issued showing the
492 owner’s birth month, license plate number, and the year of
493 expiration or the appropriate renewal period if the owner is not
494 a natural person. The validation sticker shall be placed on the
495 upper right corner of the license plate. Such license plate and
496 validation sticker shall be issued based on the applicant’s
497 appropriate renewal period. The registration period is a period
498 of 12 months, the extended registration period is a period of 24
499 months, and all expirations shall occur based on the applicant’s
500 appropriate registration period. A vehicle with an apportioned
501 registration shall be issued an annual license plate and a cab
502 card that denote the declared gross vehicle weight for each
503 apportioned jurisdiction in which the vehicle is authorized to
504 operate.
505 (3)(a) Registration license plates must shall be made of
506 metal specially treated with a retroreflection retroreflective
507 material, as specified by the department. The registration
508 license plate is designed to increase nighttime visibility and
509 legibility and must shall be at least 6 inches wide and not less
510 than 12 inches in length, unless a plate with reduced dimensions
511 is deemed necessary by the department to accommodate
512 motorcycles, mopeds, or similar smaller vehicles. Validation
513 stickers must also shall be treated with a retroreflection
514 retroreflective material, must shall be of such size as
515 specified by the department, and must shall adhere to the
516 license plate. The registration license plate must shall be
517 imprinted with a combination of bold letters and numerals or
518 numerals, not to exceed seven digits, to identify the
519 registration license plate number. The license plate must shall
520 also be imprinted with the word “Florida” at the top and the
521 name of the county in which it is sold, the state motto, or the
522 words “Sunshine State” at the bottom. Apportioned license plates
523 must shall have the word “Apportioned” at the bottom and license
524 plates issued for vehicles taxed under s. 320.08(3)(d), (4)(m)
525 or (n), (5)(b) or (c), or (14) must shall have the word
526 “Restricted” at the bottom. License plates issued for vehicles
527 taxed under s. 320.08(12) must be imprinted with the word
528 “Florida” at the top and the word “Dealer” at the bottom.
529 Manufacturer license plates issued for vehicles taxed under s.
530 320.08(12) must be imprinted with the word “Florida” at the top
531 and the word “Manufacturer” at the bottom. License plates issued
532 for vehicles taxed under s. 320.08(5)(d) or (e) must be
533 imprinted with the word “Wrecker” at the bottom. Any county may,
534 upon majority vote of the county commission, elect to have the
535 county name removed from the license plates sold in that county.
536 The state motto or the words “Sunshine State” shall be printed
537 in lieu thereof. A license plate issued for a vehicle taxed
538 under s. 320.08(6) may not be assigned a registration license
539 number, or be issued with any other distinctive character or
540 designation, that distinguishes the motor vehicle as a for-hire
541 motor vehicle.
542 (b) An additional fee of $1.50 50 cents shall be collected
543 and deposited into the Highway Safety Operating Trust Fund on
544 each motor vehicle registration or motor vehicle renewal
545 registration issued in this state in order for that all license
546 plates and validation stickers to be fully treated with
547 retroreflection retroreflective material. Of that amount, $1
548 shall be deposited into the General Revenue Fund and 50 cents
549 shall be deposited into the Highway Safety Operating Trust Fund.
550 Section 14. Subsections (3) and (5) of section 320.0607,
551 Florida Statutes, are amended to read:
552 320.0607 Replacement license plates, validation decal, or
553 mobile home sticker.—
554 (3) Except as provided in subsection (2), in all such
555 cases, upon filing of an application accompanied by a fee of $28
556 $10 plus applicable service charges, the department shall issue
557 a replacement plate, sticker, or decal, as applicable, as the
558 case may be if it is satisfied that the information reported in
559 the application is true. The replacement fee shall be deposited
560 into the Highway Safety Operating Trust Fund.
561 (5) Upon the issuance of an original license plate, the
562 applicant shall pay a fee of $28 $10 to be deposited in the
563 Highway Safety Operating Trust Fund.
564 Section 15. Subsections (1) and (4) of section 320.072,
565 Florida Statutes, are amended to read:
566 320.072 Additional fee imposed on certain motor vehicle
567 registration transactions.—
568 (1) A fee of $225 $100 is imposed upon the initial
569 application for registration pursuant to s. 320.06 of every
570 motor vehicle classified in s. 320.08(2), (3), and (9)(c) and
571 (d).
572 (4) A tax collector or other duly authorized agent of the
573 department shall promptly remit 44.5 percent of all moneys
574 collected pursuant to this section, less any refunds granted
575 pursuant to subsection (3), to the department to be deposited
576 into the State Transportation Trust Fund. The remaining 55.5
577 percent shall be deposited into the General Revenue Fund.
578 Section 16. Paragraphs (a), (b), and (d) of subsection (1)
579 and subsections (2) through (9) and (12) through (15) of section
580 320.08, Florida Statutes, are amended to read:
581 320.08 License taxes.—Except as otherwise provided herein,
582 there are hereby levied and imposed annual license taxes for the
583 operation of motor vehicles, mopeds, motorized bicycles as
584 defined in s. 316.003(2), and mobile homes, as defined in s.
585 320.01, which shall be paid to and collected by the department
586 or its agent upon the registration or renewal of registration of
587 the following:
588 (1) MOTORCYCLES AND MOPEDS.—
589 (a) Any motorcycle: $13.50 $10 flat, of which $3.50 shall
590 be deposited into the General Revenue Fund.
591 (b) Any moped: $6.75 $5 flat, of which $1.75 shall be
592 deposited into the General Revenue Fund.
593 (d) An ancient or antique motorcycle: $13.50 $10 flat, of
594 which $3.50 shall be deposited into the General Revenue Fund.
595 (2) AUTOMOBILES FOR PRIVATE USE.—
596 (a) An ancient or antique automobile, as defined in s.
597 320.086, or a street rod, as defined in s. 320.0863: $10.25
598 $7.50 flat, of which $2.75 shall be deposited into the General
599 Revenue Fund.
600 (b) Net weight of less than 2,500 pounds: $19.50 $14.50
601 flat, of which $5 shall be deposited into the General Revenue
602 Fund.
603 (c) Net weight of 2,500 pounds or more, but less than 3,500
604 pounds: $30.50 $22.50 flat, of which $8 shall be deposited into
605 the General Revenue Fund.
606 (d) Net weight of 3,500 pounds or more: $44 $32.50 flat, of
607 which $11.50 shall be deposited into the General Revenue Fund.
608 (3) TRUCKS.—
609 (a) Net weight of less than 2,000 pounds: $19.50 $14.50
610 flat, of which $5 shall be deposited into the General Revenue
611 Fund.
612 (b) Net weight of 2,000 pounds or more, but not more than
613 3,000 pounds: $30.50 $22.50 flat, of which $8 shall be deposited
614 into the General Revenue Fund.
615 (c) Net weight more than 3,000 pounds, but not more than
616 5,000 pounds: $44 $32.50 flat, of which $11.50 shall be
617 deposited into the General Revenue Fund.
618 (d) A truck defined as a “goat,” or any other vehicle if
619 when used in the field by a farmer or in the woods for the
620 purpose of harvesting a crop, including naval stores, during
621 such harvesting operations, and which is not principally
622 operated upon the roads of the state: $10.25 $7.50 flat, of
623 which $2.75 shall be deposited into the General Revenue Fund. A
624 “goat” is a motor vehicle designed, constructed, and used
625 principally for the transportation of citrus fruit within citrus
626 groves or for the transportation of crops on farms, and which
627 can also be used for the hauling of associated equipment or
628 supplies, including required sanitary equipment, and the towing
629 of farm trailers.
630 (e) An ancient or antique truck, as defined in s. 320.086:
631 $10.25 $7.50 flat, of which $2.75 shall be deposited into the
632 General Revenue Fund.
633 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
634 VEHICLE WEIGHT.—
635 (a) Gross vehicle weight of 5,001 pounds or more, but less
636 than 6,000 pounds: $60.75 $45 flat, of which $15.75 shall be
637 deposited into the General Revenue Fund.
638 (b) Gross vehicle weight of 6,000 pounds or more, but less
639 than 8,000 pounds: $87.75 $65 flat, of which $22.75 shall be
640 deposited into the General Revenue Fund.
641 (c) Gross vehicle weight of 8,000 pounds or more, but less
642 than 10,000 pounds: $103 $76 flat, of which $27 shall be
643 deposited into the General Revenue Fund.
644 (d) Gross vehicle weight of 10,000 pounds or more, but less
645 than 15,000 pounds: $118 $87 flat, of which $31 shall be
646 deposited into the General Revenue Fund.
647 (e) Gross vehicle weight of 15,000 pounds or more, but less
648 than 20,000 pounds: $177 $131 flat, of which $46 shall be
649 deposited into the General Revenue Fund.
650 (f) Gross vehicle weight of 20,000 pounds or more, but less
651 than 26,001 pounds: $251 $186 flat, of which $65 shall be
652 deposited into the General Revenue Fund.
653 (g) Gross vehicle weight of 26,001 pounds or more, but less
654 than 35,000: $324 $240 flat, of which $84 shall be deposited
655 into the General Revenue Fund.
656 (h) Gross vehicle weight of 35,000 pounds or more, but less
657 than 44,000 pounds: $405 $300 flat, of which $105 shall be
658 deposited into the General Revenue Fund.
659 (i) Gross vehicle weight of 44,000 pounds or more, but less
660 than 55,000 pounds: $773 $572 flat, of which $201 shall be
661 deposited into the General Revenue Fund.
662 (j) Gross vehicle weight of 55,000 pounds or more, but less
663 than 62,000 pounds: $916 $678 flat, of which $238 shall be
664 deposited into the General Revenue Fund.
665 (k) Gross vehicle weight of 62,000 pounds or more, but less
666 than 72,000 pounds: $1,080 $800 flat, of which $280 shall be
667 deposited into the General Revenue Fund.
668 (l) Gross vehicle weight of 72,000 pounds or more: $1,322
669 $979 flat, of which $343 shall be deposited into the General
670 Revenue Fund.
671 (m) Notwithstanding the declared gross vehicle weight, a
672 truck tractor used within a 150-mile radius of its home address
673 is shall be eligible for a license plate for a fee of $324 $240
674 flat if:
675 1. The truck tractor is used exclusively for hauling
676 forestry products; or
677 2. The truck tractor is used primarily for the hauling of
678 forestry products, and is also used for the hauling of
679 associated forestry harvesting equipment used by the owner of
680 the truck tractor.
681
682 Of the fee imposed by this paragraph, $84 shall be deposited
683 into the General Revenue Fund.
684 (n) A truck tractor or heavy truck, not operated as a for
685 hire vehicle, which is engaged exclusively in transporting raw,
686 unprocessed, and nonmanufactured agricultural or horticultural
687 products within a 150-mile radius of its home address, is shall
688 be eligible for a restricted license plate for a fee of: $65
689 flat,
690 1. If such vehicle’s declared gross vehicle weight is less
691 than 44,000 pounds, 87.75 flat, of which $22.75 shall be
692 deposited into the General Revenue Fund.; or $240 flat,
693 2. If such vehicle’s declared gross vehicle weight is
694 44,000 pounds or more and such vehicle only transports:
695 1. from the point of production to the point of primary
696 manufacture;
697 2. From the point of production to the point of assembling
698 the same; or
699 3. From the point of production to a shipping point of
700 either a rail, water, or motor transportation company, $324
701 flat, of which $84 shall be deposited into the General Revenue
702 Fund.
703
704 Such not-for-hire truck tractors and heavy trucks used
705 exclusively in transporting raw, unprocessed, and
706 nonmanufactured agricultural or horticultural products may be
707 incidentally used to haul farm implements and fertilizers when
708 delivered direct to the growers. The department may require any
709 such documentation deemed necessary to determine eligibility
710 prior to issuance of this license plate. For the purpose of this
711 paragraph, “not-for-hire” means the owner of the motor vehicle
712 must also be the owner of the raw, unprocessed, and
713 nonmanufactured agricultural or horticultural product, or the
714 user of the farm implements and fertilizer being delivered.
715 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
716 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
717 (a)1. A semitrailer drawn by a GVW truck tractor by means
718 of a fifth-wheel arrangement: $13.50 $10 flat per registration
719 year or any part thereof, of which $3.50 shall be deposited into
720 the General Revenue Fund.
721 2. A semitrailer drawn by a GVW truck tractor by means of a
722 fifth-wheel arrangement: $68 $50 flat per permanent
723 registration, of which $18 shall be deposited into the General
724 Revenue Fund.
725 (b) A motor vehicle equipped with machinery and designed
726 for the exclusive purpose of well drilling, excavation,
727 construction, spraying, or similar activity, and which is not
728 designed or used to transport loads other than the machinery
729 described above over public roads: $44 $32.50 flat, of which
730 $11.50 shall be deposited into the General Revenue Fund.
731 (c) A school bus used exclusively to transport pupils to
732 and from school or school or church activities or functions
733 within their own county: $41 $30 flat, of which $11 shall be
734 deposited into the General Revenue Fund.
735 (d) A wrecker, as defined in s. 320.01(40), which is used
736 to tow a vessel as defined in s. 327.02(39), a disabled,
737 abandoned, stolen-recovered, or impounded motor vehicle as
738 defined in s. 320.01(38), or a replacement motor vehicle as
739 defined in s. 320.01(39): $41 $30 flat, of which $11 shall be
740 deposited into the General Revenue Fund.
741 (e) A wrecker that, as defined in s. 320.01(40), which is
742 used to tow any motor vehicle, regardless of whether or not such
743 motor vehicle is a disabled motor vehicle as defined in s.
744 320.01(38), a replacement motor vehicle as defined in s.
745 320.01(39), a vessel as defined in s. 327.02(39), or any other
746 cargo, as follows:
747 1. Gross vehicle weight of 10,000 pounds or more, but less
748 than 15,000 pounds: $118 $87 flat, of which $31 shall be
749 deposited into the General Revenue Fund.
750 2. Gross vehicle weight of 15,000 pounds or more, but less
751 than 20,000 pounds: $177 $131 flat, of which $46 shall be
752 deposited into the General Revenue Fund.
753 3. Gross vehicle weight of 20,000 pounds or more, but less
754 than 26,000 pounds: $251 $186 flat, of which $65 shall be
755 deposited into the General Revenue Fund.
756 4. Gross vehicle weight of 26,000 pounds or more, but less
757 than 35,000 pounds: $324 $240 flat, of which $84 shall be
758 deposited into the General Revenue Fund.
759 5. Gross vehicle weight of 35,000 pounds or more, but less
760 than 44,000 pounds: $405 $300 flat, of which $105 shall be
761 deposited into the General Revenue Fund.
762 6. Gross vehicle weight of 44,000 pounds or more, but less
763 than 55,000 pounds: $772 $572 flat, of which $200 shall be
764 deposited into the General Revenue Fund.
765 7. Gross vehicle weight of 55,000 pounds or more, but less
766 than 62,000 pounds: $915 $678 flat, of which $237 shall be
767 deposited into the General Revenue Fund.
768 8. Gross vehicle weight of 62,000 pounds or more, but less
769 than 72,000 pounds: $1,080 $800 flat, of which $280 shall be
770 deposited into the General Revenue Fund.
771 9. Gross vehicle weight of 72,000 pounds or more: $1,322
772 $979 flat, of which $343 shall be deposited into the General
773 Revenue Fund.
774 (f) A hearse or ambulance: $40.50 $30 flat, of which $10.50
775 shall be deposited into the General Revenue Fund.
776 (6) MOTOR VEHICLES FOR HIRE.—
777 (a) Under nine passengers: $17 $12.50 flat, of which $4.50
778 shall be deposited into the General Revenue Fund; plus $1.50 $1
779 per cwt, of which 50 cents shall be deposited into the General
780 Revenue Fund.
781 (b) Nine passengers and over: $17 $12.50 flat, of which
782 $4.50 shall be deposited into the General Revenue Fund; plus $2
783 $1.50 per cwt, of which 50 cents shall be deposited into the
784 General Revenue Fund.
785 (7) TRAILERS FOR PRIVATE USE.—
786 (a) Any trailer weighing 500 pounds or less: $6.75 $5 flat
787 per year or any part thereof, of which $1.75 shall be deposited
788 into the General Revenue Fund.
789 (b) Net weight over 500 pounds: $3.50 $2.50 flat, of which
790 $1 shall be deposited into the General Revenue Fund; plus $1 75
791 cents per cwt, of which 25 cents shall be deposited into the
792 General Revenue Fund.
793 (8) TRAILERS FOR HIRE.—
794 (a) Net weight under 2,000 pounds: $3.50 $2.50 flat, of
795 which $1 shall be deposited into the General Revenue Fund; plus
796 $1.50 $1 per cwt, of which 50 cents shall be deposited into the
797 General Revenue Fund.
798 (b) Net weight 2,000 pounds or more: $13.50 $10 flat, of
799 which $3.50 shall be deposited into the General Revenue Fund;
800 plus $1.50 $1 per cwt, of which 50 cents shall be deposited into
801 the General Revenue Fund.
802 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
803 (a) A travel trailer or fifth-wheel trailer, as defined by
804 s. 320.01(1)(b), that does not exceed 35 feet in length: $27 $20
805 flat, of which $7 shall be deposited into the General Revenue
806 Fund.
807 (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
808 $13.50 $10 flat, of which $3.50 shall be deposited into the
809 General Revenue Fund.
810 (c) A motor home, as defined by s. 320.01(1)(b)4.:
811 1. Net weight of less than 4,500 pounds: $27 $20 flat, of
812 which $7 shall be deposited into the General Revenue Fund.
813 2. Net weight of 4,500 pounds or more: $47.25 $35 flat, of
814 which $12.25 shall be deposited into the General Revenue Fund.
815 (d) A truck camper as defined by s. 320.01(1)(b)3.:
816 1. Net weight of less than 4,500 pounds: $27 $20 flat, of
817 which $7 shall be deposited into the General Revenue Fund.
818 2. Net weight of 4,500 pounds or more: $47.25 $35 flat, of
819 which $12.25 shall be deposited into the General Revenue Fund.
820 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
821 1. Net weight of less than 4,500 pounds: $27 $20 flat, of
822 which $7 shall be deposited into the General Revenue Fund.
823 2. Net weight of 4,500 pounds or more: $47.25 $35 flat, of
824 which $12.25 shall be deposited into the General Revenue Fund.
825 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
826 motor vehicle dealer, independent motor vehicle dealer, marine
827 boat trailer dealer, or mobile home dealer and manufacturer
828 license plate: $17 $12.50 flat, of which $4.50 shall be
829 deposited into the General Revenue Fund.
830 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
831 official license plate: $4 $3 flat, of which $1 shall be
832 deposited into the General Revenue Fund.
833 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
834 vehicle for hire operated wholly within a city or within 25
835 miles thereof: $17 $12.50 flat, of which $4.50 shall be
836 deposited into the General Revenue Fund; plus $2 $1.50 per cwt,
837 of which 50 cents shall be deposited into the General Revenue
838 Fund.
839 (15) TRANSPORTER.—Any transporter license plate issued to a
840 transporter pursuant to s. 320.133: $101.25 $75 flat, of which
841 $26.25 shall be deposited into the General Revenue Fund.
842 Section 17. Subsection (2) of section 320.0801, Florida
843 Statutes, is amended to read:
844 320.0801 Additional license tax on certain vehicles.—
845 (2) In addition to the license taxes imposed by s. 320.08
846 and by subsection (1), there is imposed an additional surcharge
847 of $10 $5 on each commercial motor vehicle having a gross
848 vehicle weight of 10,000 pounds or more, which surcharge must be
849 paid to the department or its agent upon the registration or
850 renewal of registration of the commercial motor vehicle.
851 Notwithstanding the provisions of s. 320.20, 50 percent of the
852 revenues collected from the surcharge imposed in this subsection
853 shall must be deposited into the State Transportation Trust Fund
854 and 50 percent shall be deposited in the General Revenue Fund.
855 Section 18. Section 320.0804, Florida Statutes, is amended
856 to read:
857 320.0804 Surcharge on license tax; transportation trust
858 fund.—There is hereby levied and imposed on each license tax
859 imposed under s. 320.08, except those set forth in s.
860 320.08(11), a surcharge in the amount of $4 $2, which shall be
861 collected in the same manner as the license tax. Of this amount,
862 $2 shall be and deposited into the State Transportation Trust
863 Fund and $2 shall be deposited into the General Revenue Fund.
864 This surcharge shall apply to registration periods beginning
865 July 1, 1991.
866 Section 19. Section 320.08046, Florida Statutes, is amended
867 to read:
868 320.08046 Surcharge on license tax; General Revenue Fund.
869 There is levied on each license tax imposed under s. 320.08,
870 except those set forth in s. 320.08(11), a surcharge in the
871 amount of $5.50 $1, which shall be collected in the same manner
872 as the license tax. Of the proceeds of each the license tax
873 surcharge, $4.50 58 percent shall be deposited into the General
874 Revenue Fund and $1 42 percent shall be deposited into the
875 Grants and Donations Trust Fund in the Department of Juvenile
876 Justice to fund the juvenile crime prevention programs and the
877 community juvenile justice partnership grants program.
878 Section 20. Subsection (1) of section 320.08048, Florida
879 Statutes, is amended to read:
880 320.08048 Sample license plates.—
881 (1) The department is authorized, upon application and
882 payment of a $28 $10 fee per plate, to provide one or more
883 sample regular issuance license plates or specialty license
884 plates based upon availability.
885 Section 21. Subsection (2) of section 320.0805, Florida
886 Statutes, as amended by section 4 of chapter 2009-14, Laws of
887 Florida, is amended to read:
888 320.0805 Personalized prestige license plates.—
889 (2) Each request for specific numbers or letters or
890 combinations thereof shall be submitted annually to the
891 department on an application form supplied by the department,
892 accompanied by the following tax and fees:
893 (a) The license tax required for the vehicle, as set forth
894 in s. 320.08.
895 (b) A prestige plate annual use fee of $10.
896 (c) A processing fee of $5 $2, to be deposited into the
897 Highway Safety Operating Trust Fund.
898 Section 22. Subsection (3) of section 320.08056, Florida
899 Statutes, as amended by section 5 of chapter 2009-14, Laws of
900 Florida, is amended, and paragraph (qqq) is added to subsection
901 (4) of that section, to read:
902 320.08056 Specialty license plates.—
903 (3) Each request must be made annually to the department,
904 accompanied by the following tax and fees:
905 (a) The license tax required for the vehicle as set forth
906 in s. 320.08.
907 (b) A processing fee of $5 $2, to be deposited into the
908 Highway Safety Operating Trust Fund.
909 (c) A license plate fee as required by s. 320.06(1)(b).
910 (d) A license plate annual use fee as required in
911 subsection (4).
912
913 A request may be made any time during a registration period. If
914 a request is made for a specialty license plate to replace a
915 current valid license plate, the specialty license plate must be
916 issued with appropriate decals attached at no tax for the plate,
917 but all fees and service charges must be paid. If When a request
918 is made for a specialty license plate at the beginning of the
919 registration period, the tax, together with all applicable fees
920 and service charges, must be paid.
921 (4) The following license plate annual use fees shall be
922 collected for the appropriate specialty license plates:
923 (qqq) Autism license plate, $25.
924 Section 23. Subsection (35) of section 320.08058, Florida
925 Statutes, is amended, and subsection (69) is added to that
926 section, to read:
927 320.08058 Specialty license plates.—
928 (35) FLORIDA GOLF LICENSE PLATES.—
929 (a) The Department of Highway Safety and Motor Vehicles
930 shall develop a Florida Golf license plate as provided in this
931 section. The word “Florida” must appear at the bottom of the
932 plate. The Dade Amateur Golf Association, following consultation
933 with the PGA TOUR, the Florida Sports Foundation, the LPGA, and
934 the PGA of America may submit a revised sample plate for
935 consideration by the department.
936 (b) The department shall distribute the Florida Golf
937 license plate annual use fee to the Dade Amateur Golf
938 Association, a nonprofit organization under s. 501(c)(3) of the
939 International Revenue Code Florida Sports Foundation, a direct
940 support organization of the Office of Tourism, Trade, and
941 Economic Development. The license plate annual use fees are to
942 be annually allocated as follows:
943 1. Up to 10 5 percent of the proceeds from the annual use
944 fees may be used by the Dade Amateur Golf Association Florida
945 Sports Foundation for the administration of the Florida Junior
946 Youth Golf Program.
947 2. The Dade Amateur Golf Association shall receive the
948 first $80,000 in proceeds from the annual use fees for the
949 operation of youth golf programs in Miami-Dade County.
950 Thereafter, 15 percent of the proceeds from the annual use fees
951 shall be provided to the Dade Amateur Golf Association for the
952 operation of youth golf programs in Miami-Dade County.
953 3. The remaining proceeds from the annual use fees shall be
954 available for grants to nonprofit organizations to operate youth
955 golf programs and for marketing the Florida Golf license plates.
956 All grant recipients, including the Dade Amateur Golf
957 Association, shall be required to provide to the Dade Amateur
958 Golf Association Florida Sports Foundation an annual program and
959 financial report regarding the use of grant funds. Such reports
960 shall be made available to the public.
961 (c) The Dade Amateur Golf Association shall Florida Sports
962 Foundation may establish a Florida Junior Youth Golf Council
963 Program. The Florida Junior Youth Golf Council Program shall
964 assist organizations for the benefit of youth, introduce young
965 people to golf, instruct young people in golf, teach the values
966 of golf, and stress life skills, fair play, courtesy, and self
967 discipline.
968 (d) The Dade Amateur Golf Association Florida Sports
969 Foundation shall establish a seven-member Florida Junior Golf
970 Council committee to offer advice regarding the distribution of
971 the annual use fees for grants to nonprofit organizations. The
972 council advisory committee shall consist of one member from a
973 group serving youth, one member from a group serving disabled
974 youth, and five members at large.
975 (69) AUTISM LICENSE PLATES.—
976 (a) The department shall develop an Autism license plate as
977 provided in this section. Autism license plates must bear the
978 colors and design approved by the department. The word “Florida”
979 must appear at the top of the plate, and the words “Support
980 Autism Programs” must appear at the bottom of the plate.
981 (b) The proceeds from the license plate annual use fee
982 shall be distributed to Achievement and Rehabilitation Centers,
983 Inc., to fund service programs for autism and related
984 disabilities throughout the state and to operate and establish
985 programs to support individuals with autism and related
986 disabilities through direct services, evaluation, training, and
987 awareness. Achievement and Rehabilitation Centers, Inc., shall
988 establish an Autism Services Grant Council that shall provide
989 grants from available Autism license plate proceeds to nonprofit
990 organizations for direct services and programs for individuals
991 with autism and related disabilities and their families.
992 Consideration for participation in such services and programs
993 shall be given to applicants who are children or adults with
994 autism and related disabilities and their families and shall
995 include those who are on the Agency for Persons with
996 Disabilities waiting lists for services. Achievement and
997 Rehabilitation Centers, Inc., shall also establish an Autism
998 License Plate Fund. Moneys in the fund shall be used by the
999 grant council as provided in this paragraph. All funds received
1000 under this subsection must be used in this state.
1001 (c) Achievement and Rehabilitation Centers, Inc., may
1002 retain all proceeds from the annual use fee up to $85,000 until
1003 all documented startup costs for developing and establishing the
1004 plate have been recovered. Thereafter, the proceeds from the
1005 annual use fee shall be used as follows:
1006 1. Up to 10 percent of the proceeds may be used for the
1007 cost of administration, marketing, and promotion of the Autism
1008 License Plate Fund, the Autism Services Grant Council, and
1009 related matters, including annual audit and compliance affidavit
1010 costs.
1011 2. Funds may be used as necessary for annual audit or
1012 compliance affidavit costs.
1013 3. Thirty-five percent of the proceeds shall be used to
1014 establish and operate programs to support individuals with
1015 autism and related disabilities and their families through
1016 direct services, evaluation, training, and awareness in the
1017 state.
1018 4. The Center for Autism and Related Disabilities at the
1019 University of Miami shall receive 15 percent of the proceeds for
1020 distribution, as determined appropriate by the director of that
1021 center, to the seven regional autism centers created under s.
1022 1004.55. The regional centers shall use the proceeds to support
1023 the services they provide.
1024 5. The remaining proceeds shall be available to the Autism
1025 Services Grant Council for grants to nonprofit organizations to
1026 operate direct services programs for individuals with autism and
1027 related disabilities and their families. All grant recipients,
1028 including Achievement and Rehabilitation Centers, Inc., and the
1029 Center for Autism and Related Disabilities, must provide to the
1030 Autism Services Grant Council an annual program and financial
1031 report regarding the use of grant funds. Such reports must be
1032 available to the public.
1033 Section 24. Subsection (5) of section 320.081, Florida
1034 Statutes, is amended to read:
1035 320.081 Collection and distribution of annual license tax
1036 imposed on the following type units.—
1037 (5) The department shall keep records showing the total
1038 number of stickers issued to each type unit governed by this
1039 section, the total amount of license taxes collected, and the
1040 county or municipality where city wherein each such unit is
1041 located and shall from month to month certify to the Chief
1042 Financial Officer the amount derived from license taxes in each
1043 county and each municipality city within the county. Such
1044 amount, less the amount of $1.50 collected on each license and
1045 the $1 license tax surcharge imposed by s. 320.08015, shall be
1046 paid to the counties and municipalities cities within the
1047 counties where wherein the unit or units are located as follows:
1048 one-half to the district school board and the remainder either
1049 to the board of county commissioners, for units that which are
1050 located within the unincorporated areas of the county, or to any
1051 municipality city within such county, for units that which are
1052 located within its corporate limits. Payment shall be by warrant
1053 drawn monthly by the Chief Financial Officer upon the treasury,
1054 which amount is hereby appropriated monthly out of the License
1055 Tax Collection Trust Fund.
1056 Section 25. Subsection (2) of section 320.13, Florida
1057 Statutes, is amended to read:
1058 320.13 Dealer and manufacturer license plates and
1059 alternative method of registration.—
1060 (2) A licensed manufacturer, importer, or distributor of
1061 motor vehicles may, upon payment of the license tax imposed by
1062 s. 320.08(12), secure one or more manufacturer license plates,
1063 which are valid for use on motor vehicles owned by the
1064 manufacturer, importer, or distributor to whom such plates are
1065 issued while the motor vehicles are in inventory and for sale,
1066 being operated for demonstration purposes, or in connection with
1067 the such manufacturer’s business, but are not valid for use for
1068 hire.
1069 Section 26. Subsection (1) of section 320.203, Florida
1070 Statutes, is amended to read:
1071 320.203 Disposition of biennial license tax moneys.—
1072 (1) Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or (b),
1073 (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76 and
1074 pursuant to s. 216.351, after the provisions of s. 320.20(1),
1075 (2), (3), and (4) and (5) are fulfilled, an amount equal to 50
1076 percent of revenues collected from the biennial registrations
1077 created in s. 320.07 shall be retained in the Motor Vehicle
1078 License Clearing Trust Fund, authorized in s. 215.32(2)(b)2.f.,
1079 until July 1. After July 1 of the subsequent fiscal year, an
1080 amount equal to 50 percent of revenues collected from the
1081 biennial registrations created in s. 320.07 shall be distributed
1082 according to ss. 320.08(1), (2), (3), (4)(a) or (b), (6), (7),
1083 (8), (9), (10), or (11), 320.08058, 328.76, and 320.20(1), (2),
1084 (3), and (4), and (5).
1085 Section 27. Section 320.204, Florida Statutes, is created
1086 to read:
1087 320.204 Transportation disadvantaged.—Of the funds
1088 collected in this chapter which are deposited into the Highway
1089 Safety Operating Trust Fund, beginning July 1, 2011, and
1090 annually thereafter, the department shall transfer $5 million to
1091 the Transportation Disadvantaged Trust Fund in the Department of
1092 Transportation. These funds shall be transferred on a quarterly
1093 basis.
1094 Section 28. Subsection (1) of section 320.642, Florida
1095 Statutes, is amended to read:
1096 320.642 Dealer licenses in areas previously served;
1097 procedure.—
1098 (1) Any licensee who proposes to establish an additional
1099 motor vehicle dealership or permit the relocation of an existing
1100 dealer to a location within a community or territory where the
1101 same line-make vehicle is presently represented by a franchised
1102 motor vehicle dealer or dealers shall give written notice of its
1103 intention to the department. Such notice must shall state:
1104 (a) The specific location at which the additional or
1105 relocated motor vehicle dealership will be established.
1106 (b) The date on or after which the licensee intends to be
1107 engaged in business with the additional or relocated motor
1108 vehicle dealer at the proposed location.
1109 (c) The identity of all motor vehicle dealers who are
1110 franchised to sell the same line-make vehicle with licensed
1111 locations in the county or any contiguous county to the county
1112 where the additional or relocated motor vehicle dealer is
1113 proposed to be located.
1114 (d) The names and addresses of the dealer-operator and
1115 principal investors in the proposed additional or relocated
1116 motor vehicle dealership.
1117
1118 Immediately upon receipt of such notice the department shall
1119 cause a notice to be published in the Florida Administrative
1120 Weekly. The published notice must shall state that a petition or
1121 complaint by any dealer with standing to protest pursuant to
1122 subsection (3) must be filed within not more than 30 days
1123 following from the date of publication of the notice in the
1124 Florida Administrative Weekly. The published notice must shall
1125 describe and identify the proposed dealership sought to be
1126 licensed, and the department shall cause a copy of the notice to
1127 be mailed to those dealers identified in the licensee’s notice
1128 under paragraph (c). The licensee shall pay a fee of $75 and a
1129 service charge of $2.50 for each publication. Proceeds from the
1130 fee and service charge shall be deposited into the Highway
1131 Safety Operating Trust Fund.
1132 Section 29. Paragraph (a) of subsection (2) of section
1133 321.23, Florida Statutes, is amended to read:
1134 321.23 Public records; fees for copies; destruction of
1135 obsolete records; photographing records; effect as evidence.—
1136 (2) Fees for copies of public records shall be charged and
1137 collected as follows:
1138 (a) For a crash report, a copy $10 $2
1139 Section 30. Subsection (3) of section 322.051, Florida
1140 Statutes, is amended to read:
1141 322.051 Identification cards.—
1142 (3) If an identification card issued under this section is
1143 lost, destroyed, or mutilated or a new name is acquired, the
1144 person to whom it was issued may obtain a duplicate upon
1145 furnishing satisfactory proof of such fact to the department and
1146 upon payment of a fee as provided in s. 322.21 of $10 for such
1147 duplicate, $2.50 of which shall be deposited into the General
1148 Revenue Fund and $7.50 into the Highway Safety Operating Trust
1149 Fund. The fee must shall include payment for the color
1150 photograph or digital image of the applicant. Any person who
1151 loses an identification card and who, after obtaining a
1152 duplicate, finds the original card shall immediately surrender
1153 the original card to the department. The same documentary
1154 evidence shall be furnished for a duplicate as for an original
1155 identification card.
1156 Section 31. Paragraph (c) of subsection (5) of section
1157 322.081, Florida Statutes, is amended to read:
1158 322.081 Requests to establish voluntary check-off on
1159 driver’s license application.—
1160 (5) A voluntary contribution collected and distributed
1161 under this chapter, or any interest earned from those
1162 contributions, may not be used for commercial or for-profit
1163 activities nor for general or administrative expenses, except as
1164 authorized by law.
1165 (c) Any voluntary contributions authorized by law shall be
1166 deposited into and distributed from the Motor Vehicle License
1167 Clearing Trust Fund to the recipients specified in this chapter
1168 shall only be distributed to an organization under an
1169 appropriation by the Legislature.
1170 Section 32. Subsection (1) of section 322.12, Florida
1171 Statutes, is amended to read:
1172 322.12 Examination of applicants.—
1173 (1) It is the intent of the Legislature that every
1174 applicant for an original driver’s license in this state be
1175 required to pass an examination pursuant to this section.
1176 However, the department may waive the knowledge, endorsement,
1177 and skills tests for an applicant who is otherwise qualified and
1178 who surrenders a valid driver’s license from another state or a
1179 province of Canada, or a valid driver’s license issued by the
1180 United States Armed Forces, if the driver applies for a Florida
1181 license of an equal or lesser classification. Any applicant who
1182 fails to pass the initial knowledge test incurs will incur a $10
1183 $5 fee for each subsequent test, to be deposited into the
1184 Highway Safety Operating Trust Fund. Any applicant who fails to
1185 pass the initial skills test incurs will incur a $20 $10 fee for
1186 each subsequent test, to be deposited into the Highway Safety
1187 Operating Trust Fund. A person who seeks to retain a hazardous
1188 materials endorsement, pursuant to s. 322.57(1)(d), must pass
1189 the hazardous-materials test, upon surrendering his or her
1190 commercial driver’s license, if the person has not taken and
1191 passed the hazardous-materials test within 2 years before
1192 applying preceding his or her application for a commercial
1193 driver’s license in this state.
1194 Section 33. Paragraph (c) of subsection (1) of section
1195 322.135, Florida Statutes, is amended to read:
1196 322.135 Driver’s license agents.—
1197 (1) The department may, upon application, authorize any or
1198 all of the tax collectors in the several counties of the state,
1199 subject to the requirements of law, in accordance with rules of
1200 the department, to serve as its agent for the provision of
1201 specified driver’s license services.
1202 (c) A service fee of $6.25 shall $5.25 is to be charged, in
1203 addition to the fees set forth in this chapter, for providing
1204 all services pursuant to this chapter any driver’s license
1205 issued or renewed by a tax collector. The service fee may not be
1206 charged:
1207 1. More than once per customer during a single visit to a
1208 tax collector’s office.
1209 2. For a reexamination requested by the Medical Advisory
1210 Board or required pursuant to s. 322.221.
1211 3. For a voter-registration transaction.
1212 4. For changes in an organ-donation registration.
1213 5. In violation of any federal or state law.
1214 Section 34. Paragraph (a) of subsection (11) of section
1215 322.20, Florida Statutes, is amended to read:
1216 322.20 Records of the department; fees; destruction of
1217 records.—
1218 (11)(a) The department may is authorized to charge the
1219 following fees for the following services and documents:
1220 1. For providing a transcript of any one individual’s
1221 driver history record or any portion thereof for the past 3
1222 years or for searching for such record when no record is found
1223 to be on file...........................................$8 $2.10
1224 2. For providing a transcript of any one individual’s
1225 driver history record or any portion thereof for the past 7
1226 years or for searching for such record when no record is found
1227 to be on file..........................................$10 $3.10
1228 3. For providing a certified copy of a transcript of the
1229 driver history record or any portion thereof for any one
1230 individual.............................................$10 $3.10
1231 4. For providing a certified photographic copy of a
1232 document, per page......................................$1 $1.00
1233 5. For providing an exemplified record.........$15 $15.00
1234 6. For providing photocopies of documents, papers, letters,
1235 clearances, or license or insurance status reports, per page $0.50
1236 7. For assisting persons in searching any one individual’s
1237 driver record at a terminal located at the department’s general
1238 headquarters in Tallahassee.............................$2 $2.00
1239 Section 35. Section 322.201, Florida Statutes, is amended
1240 to read:
1241 322.201 Records as evidence.—A copy, computer copy, or
1242 transcript of all abstracts of crash reports and all abstracts
1243 of court records of convictions received by the department and
1244 the complete driving record of any individual duly certified by
1245 machine imprint of the department or by machine imprint of the
1246 clerk of a court shall be received as evidence in all courts of
1247 this state without further authentication, if provided the same
1248 is otherwise admissible in evidence. Further, any court or the
1249 office of the clerk of any court of this state which is
1250 electronically connected by a terminal device to the computer
1251 data center of the department may use as evidence in any case
1252 the information obtained by this device from the records of the
1253 department without need of such certification; however, if a
1254 genuine issue as to the authenticity of such information is
1255 raised by a party or by the court, the court in its sound
1256 discretion may require that a record certified by the department
1257 be submitted for admission into evidence. For such computer
1258 copies generated by a terminal device of a court or clerk of
1259 court, entry in a driver’s record that the notice required by s.
1260 322.251 was given constitutes shall constitute sufficient
1261 evidence that such notice was given.
1262 Section 36. Section 322.21, Florida Statutes, is amended to
1263 read:
1264 322.21 License fees; procedure for handling and collecting
1265 fees.—
1266 (1) Except as otherwise provided herein, the fee for:
1267 (a) An original or renewal commercial driver’s license is
1268 $75 $67, which shall include the fee for driver education
1269 provided by s. 1003.48.; However, if an applicant has completed
1270 training and is applying for employment or is currently employed
1271 in a public or nonpublic school system that requires the
1272 commercial license, the fee is shall be the same as for a Class
1273 E driver’s license. A delinquent fee of $15 $1 shall be added
1274 for a renewal within made not more than 12 months after the
1275 license expiration date.
1276 (b) An original Class E driver’s license is $48 $27, which
1277 includes shall include the fee for driver’s education provided
1278 by s. 1003.48.; However, if an applicant has completed training
1279 and is applying for employment or is currently employed in a
1280 public or nonpublic school system that requires a commercial
1281 driver license, the fee is shall be the same as for a Class E
1282 license.
1283 (c) The renewal or extension of a Class E driver’s license
1284 or of a license restricted to motorcycle use only is $48 $20,
1285 except that a delinquent fee of $15 $1 shall be added for a
1286 renewal or extension made within not more than 12 months after
1287 the license expiration date. The fee provided in this paragraph
1288 includes shall include the fee for driver’s education provided
1289 by s. 1003.48.
1290 (d) An original driver’s license restricted to motorcycle
1291 use only is $48 $27, which includes shall include the fee for
1292 driver’s education provided by s. 1003.48.
1293 (e) A replacement driver’s license issued pursuant to s.
1294 322.17 is $25 $10. Of this amount $7 shall be deposited into the
1295 Highway Safety Operating Trust Fund and $18 $3 shall be
1296 deposited into the General Revenue Fund.
1297 (f) An original, renewal, or replacement identification
1298 card issued pursuant to s. 322.051 is $25 $10. Funds collected
1299 from these fees shall be distributed as follows:
1300 1. For an original identification card issued pursuant to
1301 s. 322.051 the fee is $25 shall be $10. This amount shall be
1302 deposited into the General Revenue Fund.
1303 2. For a renewal identification card issued pursuant to s.
1304 322.051 the fee is $25 shall be $10. Of this amount, $6 shall be
1305 deposited into the Highway Safety Operating Trust Fund and $19
1306 $4 shall be deposited into the General Revenue Fund.
1307 3. For a replacement identification card issued pursuant to
1308 s. 322.051 the fee is $25 shall be $10. Of this amount, $9 shall
1309 be deposited into the Highway Safety Operating Trust Fund and
1310 $16 $1 shall be deposited into the General Revenue Fund.
1311 (g) Each endorsement required by s. 322.57 is $7.
1312 (h) A hazardous-materials endorsement, as required by s.
1313 322.57(1)(d), shall be set by the department by rule and must
1314 shall reflect the cost of the required criminal history check,
1315 including the cost of the state and federal fingerprint check,
1316 and the cost to the department of providing and issuing the
1317 license. The fee shall not exceed $100. This fee shall be
1318 deposited in the Highway Safety Operating Trust Fund. The
1319 department may adopt rules to administer this section.
1320 (2) It is the duty of the Director of the Division of
1321 Driver Licenses to set up a division in the department with the
1322 necessary personnel to perform the necessary clerical and
1323 routine work for the department in issuing and recording
1324 applications, licenses, and certificates of eligibility,
1325 including the receiving and accounting of all license funds and
1326 their payment into the State Treasury, and other incidental
1327 clerical work connected with the administration of this chapter.
1328 The department may is authorized to use such electronic,
1329 mechanical, or other devices as necessary to accomplish the
1330 purposes of this chapter.
1331 (3) The department shall prepare sufficient forms for
1332 certificates of eligibility, applications, notices, and license
1333 materials to supply all applicants for driver’s licenses and all
1334 renewal licenses.
1335 (4) If the department determines from its records or is
1336 otherwise satisfied that the holder of a license about to expire
1337 is entitled to have it renewed, the department shall mail a
1338 renewal notice to the licensee him or her at his or her last
1339 known address, within not less than 30 days before prior to the
1340 licensee’s birthday. The licensee shall be issued a renewal
1341 license, after reexamination, if required, during the 30 days
1342 immediately preceding his or her birthday upon presenting a
1343 renewal notice, his or her current license, and the fee for
1344 renewal to the department at any driver’s license examining
1345 office.
1346 (5) The department shall collect and transmit all fees
1347 received by it under this section to the Chief Financial Officer
1348 to be deposited into placed in the General Revenue Fund of the
1349 state, and sufficient funds for the necessary expenses of the
1350 department shall be included in the appropriations act. The fees
1351 shall be used for the maintenance and operation of the
1352 department.
1353 (6) Any member of the Armed Forces or his or her spouse,
1354 daughter, son, stepdaughter, or stepson, who holds a Florida
1355 driver’s license and who presents an affidavit showing that he
1356 or she was out of the state due to service in the Armed Forces
1357 of the United States at the time of license expiration is exempt
1358 from paying the delinquent fee, if the application for renewal
1359 is made within 15 months after the expiration of his or her
1360 license and within 90 days after the date of discharge or
1361 transfer to a military or naval establishment in this state as
1362 shown in the affidavit. However, such a person is not exempt
1363 from any reexamination requirement.
1364 (7) Any veteran honorably discharged from the Armed Forces
1365 who has been issued a valid identification card by the
1366 Department of Veterans’ Affairs in accordance with s. 295.17, or
1367 has been determined by the United States Department of Veterans
1368 Affairs or its predecessor to have a 100-percent total and
1369 permanent service-connected disability rating for compensation,
1370 or has been determined to have a service-connected total and
1371 permanent disability rating of 100 percent, and is in receipt of
1372 disability retirement pay from any branch of the United States
1373 Armed Services, and who is qualified to obtain a driver’s
1374 license under this chapter is exempt from all fees required by
1375 this section.
1376 (8) Any person who applies for reinstatement following the
1377 suspension or revocation of the person’s driver’s license must
1378 shall pay a service fee of $45 $35 following a suspension, and
1379 $75 $60 following a revocation, which is in addition to the fee
1380 for a license. Any person who applies for reinstatement of a
1381 commercial driver’s license following the disqualification of
1382 the person’s privilege to operate a commercial motor vehicle
1383 shall pay a service fee of $75 $60, which is in addition to the
1384 fee for a license. The department shall collect all of these
1385 fees at the time of reinstatement. The department shall issue
1386 proper receipts for such fees and shall promptly transmit all
1387 funds received by it as follows:
1388 (a) Of the $45 $35 fee received from a licensee for
1389 reinstatement following a suspension, the department shall
1390 deposit $15 in the General Revenue Fund and $30 $20 in the
1391 Highway Safety Operating Trust Fund.
1392 (b) Of the $75 $60 fee received from a licensee for
1393 reinstatement following a revocation or disqualification, the
1394 department shall deposit $35 in the General Revenue Fund and $40
1395 $25 in the Highway Safety Operating Trust Fund.
1396 (9) An applicant:
1397 (a) Requesting a review authorized in s. 322.222, s.
1398 322.2615, s. 322.2616, s. 322.27, or s. 322.64 must pay a filing
1399 fee of $25 to be deposited into the Highway Safety Operating
1400 Trust Fund.
1401 (b) Petitioning the department for a hearing authorized in
1402 s. 322.271 must pay a filing fee of $12 to be deposited into the
1403 Highway Safety Operating Trust Fund.
1404
1405 If the revocation or suspension of the driver’s license was for
1406 a violation of s. 316.193, or for refusal to submit to a lawful
1407 breath, blood, or urine test, an additional fee of $130 $115
1408 must be charged. However, only one $130 $115 fee may be
1409 collected from one person convicted of violations arising out of
1410 the same incident. The department shall collect the $130 $115
1411 fee and deposit the fee into the Highway Safety Operating Trust
1412 Fund at the time of reinstatement of the person’s driver’s
1413 license, but the fee may not be collected if the suspension or
1414 revocation is overturned. If the revocation or suspension of the
1415 driver’s license was for a conviction for a violation of s.
1416 817.234(8) or (9) or s. 817.505, an additional fee of $180 is
1417 imposed for each offense. The department shall collect and
1418 deposit the additional fee into the Highway Safety Operating
1419 Trust Fund at the time of reinstatement of the person’s driver’s
1420 license.
1421 Section 37. Subsection (5) is added to section 322.2715,
1422 Florida Statutes, to read:
1423 322.2715 Ignition interlock device.—
1424 (5) In addition to any fees authorized by rule for the
1425 installation and maintenance of the ignition interlock device,
1426 the authorized installer of the device shall collect and remit
1427 $12 for each installation to the department, which shall be
1428 deposited into the Highway Safety Operating Trust Fund to be
1429 used for the operation of the Ignition Interlock Device Program.
1430 Section 38. Subsection (2) of section 322.29, Florida
1431 Statutes, is amended to read:
1432 322.29 Surrender and return of license.—
1433 (2) Notwithstanding the provisions of subsection (1) to the
1434 contrary notwithstanding, an no examination is not required for
1435 the return of a license suspended under s. 318.15 or s. 322.245
1436 unless an examination is otherwise required by this chapter. A
1437 Every person applying for the return of a license suspended
1438 under s. 318.15 or s. 322.245 must shall present to the
1439 department certification from the court that he or she has
1440 complied with all obligations and penalties imposed on him or
1441 her pursuant to s. 318.15 or, in the case of a suspension
1442 pursuant to s. 322.245, that he or she has complied with all
1443 directives of the court and the requirements of s. 322.245 and
1444 shall pay to the department a nonrefundable service fee of $60
1445 $47.50, of which $37.50 shall be deposited into the General
1446 Revenue Fund and $22.50 $10 shall be deposited into the Highway
1447 Safety Operating Trust Fund. If reinstated by the clerk of the
1448 court or tax collector, $37.50 shall be retained and $22.50 $10
1449 shall be remitted to the Department of Revenue for deposit into
1450 the Highway Safety Operating Trust Fund. However, the service
1451 fee is not required if the person is required to pay a $45 $35
1452 fee or $75 $60 fee under s. 322.21(8) the provisions of s.
1453 322.21.
1454 Section 39. Subsection (5) is added to section 322.292,
1455 Florida Statutes, to read:
1456 322.292 DUI programs supervision; powers and duties of the
1457 department.—
1458 (5) A private probation services provider authorized under
1459 s. 948.15 may not refer probationers to any DUI program owned in
1460 whole or in part by that probation services provider or its
1461 affiliates. The department shall establish rules to administer
1462 this subsection.
1463 Section 40. Section 322.293, Florida Statutes, is amended
1464 to read:
1465 322.293 DUI programs Coordination Trust Fund; assessment;
1466 disposition.—
1467 (1) The DUI programs Coordination Trust Fund shall be
1468 administered by the department, and the costs of administration
1469 shall be borne by the collections of revenue provided in this
1470 section the fund. All funds received by the department DUI
1471 Programs Coordination Trust Fund shall be used solely for the
1472 purposes set forth in this chapter and for the general
1473 operations of the department section and s. 322.292. However, if
1474 the Legislature passes legislation consolidating existing trust
1475 funds assigned to the department, all funds remaining in and
1476 deposited to the DUI Programs Coordination Trust Fund shall be
1477 transferred to the consolidated trust funds, subject to their
1478 being earmarked for use solely for the purposes set forth in
1479 this section and s. 322.292.
1480 (2) Each DUI program shall assess $15 $12 against each
1481 person enrolling in a DUI program at the time of enrollment,
1482 including persons who transfer to or from a program in another
1483 state. In addition, second and third offenders and those
1484 offenders under permanent driver’s-license revocation who are
1485 evaluated for eligibility for license restrictions under s.
1486 322.271(2)(b) and (4) shall be assessed $15 $12 upon enrollment
1487 in the program and upon each subsequent anniversary date while
1488 they are in the program, for the duration of the license period.
1489 (3) All assessments collected under this section shall be
1490 deposited into the Highway Safety Operating forwarded to the DUI
1491 Programs Coordination Trust Fund within 30 days after the last
1492 day of the month in which the assessment was received.
1493 Section 41. Except as otherwise expressly provided in this
1494 act and except for this section, which shall take effect July 1,
1495 2009, this act shall take effect September 1, 2009.