Florida Senate - 2009 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 40-A
Barcode 455964
LEGISLATIVE ACTION
Senate . House
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Floor: AD/2R .
01/14/2009 11:30 AM .
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The Conference Committee on CS for SB 40-A recommended the
following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Paragraph (a) of subsection (8) of section
7 318.18, Florida Statutes, is amended to read:
8 318.18 Amount of penalties.—The penalties required for a
9 noncriminal disposition pursuant to s. 318.14 or a criminal
10 offense listed in s. 318.17 are as follows:
11 (8)(a) Any person who fails to comply with the court's
12 requirements or who fails to pay the civil penalties specified
13 in this section within the 30-day period provided for in s.
14 318.14 must pay an additional civil penalty of $16 $12, $6.50
15 $2.50 of which must be remitted to the Department of Revenue for
16 deposit in the General Revenue Fund, and $9.50 of which must be
17 remitted to the Department of Revenue for deposit in the Highway
18 Safety Operating Trust Fund. Of this additional civil penalty of
19 $16, $4 is not revenue for purposes of s. 28.36 and may not be
20 used in establishing the budget of the clerk of the court under
21 that section or s. 28.35. The department shall contract with the
22 Florida Association of Court Clerks, Inc., to design, establish,
23 operate, upgrade, and maintain an automated statewide Uniform
24 Traffic Citation Accounting System to be operated by the clerks
25 of the court which shall include, but not be limited to, the
26 accounting for traffic infractions by type, a record of the
27 disposition of the citations, and an accounting system for the
28 fines assessed and the subsequent fine amounts paid to the
29 clerks of the court. On or before December 1, 2001, the clerks
30 of the court must provide the information required by this
31 chapter to be transmitted to the department by electronic
32 transmission pursuant to the contract.
33 Section 2. Paragraph (b) of subsection (3) of section
34 320.06, Florida Statutes, is amended to read:
35 320.06 Registration certificates, license plates, and
36 validation stickers generally.—
37 (3)
38 (b) An additional fee of 50 cents shall be collected and
39 deposited into the Highway Safety Operating Trust Fund on each
40 motor vehicle registration or motor vehicle renewal registration
41 issued in this state in order that all license plates and
42 validation stickers be fully treated with retroreflective
43 material.
44 Section 3. Paragraph (c) of subsection (1) of section
45 320.08, Florida Statutes, is amended to read:
46 320.08 License taxes.—Except as otherwise provided herein,
47 there are hereby levied and imposed annual license taxes for the
48 operation of motor vehicles, mopeds, motorized bicycles as
49 defined in s. 316.003(2), and mobile homes, as defined in s.
50 320.01, which shall be paid to and collected by the department
51 or its agent upon the registration or renewal of registration of
52 the following:
53 (1) MOTORCYCLES AND MOPEDS.—
54 (c) Upon registration of any motorcycle, motor-driven
55 cycle, or moped there shall be paid in addition to the license
56 taxes specified in this subsection a nonrefundable motorcycle
57 safety education fee in the amount of $2.50. The proceeds of
58 such additional fee shall be deposited in the Highway Safety
59 Operating Trust Fund and be used exclusively to fund a
60 motorcycle driver improvement program implemented pursuant to s.
61 322.025, or the Florida Motorcycle Safety Education Program
62 established in s. 322.0255, or the general operations of the
63 department.
64 Section 4. Subsection (2) of section 320.0805, Florida
65 Statutes, is amended to read:
66 320.0805 Personalized prestige license plates.—
67 (2) Each request for specific numbers or letters or
68 combinations thereof shall be submitted annually to the
69 department on an application form supplied by the department,
70 accompanied by the following tax and fees:
71 (a) The license tax required for the vehicle, as set forth
72 in s. 320.08.;
73 (b) A prestige plate annual use fee of $10.; and
74 (c) A processing fee of $2, to be deposited into the
75 Highway Safety Operating Trust Fund.
76 Section 5. Paragraph (b) of subsection (3) of section
77 320.08056, Florida Statutes, is amended to read:
78 320.08056 Specialty license plates.—
79 (3) Each request must be made annually to the department,
80 accompanied by the following tax and fees:
81 (b) A processing fee of $2, to be deposited into the
82 Highway Safety Operating Trust Fund.
83 A request may be made any time during a registration period. If
84 a request is made for a specialty license plate to replace a
85 current valid license plate, the specialty license plate must be
86 issued with appropriate decals attached at no tax for the plate,
87 but all fees and service charges must be paid. When a request is
88 made for a specialty license plate at the beginning of the
89 registration period, the tax, together with all applicable fees
90 and service charges, must be paid.
91 Section 6. Subsection (1) of section 322.025, Florida
92 Statutes, is amended to read:
93 322.025 Driver improvement.—
94 (1) The department may implement programs to improve the
95 driving ability of the drivers of this state. Such programs may
96 include, but shall not be limited to, safety awareness
97 campaigns, driver training, and licensing improvement.
98 Motorcycle driver improvement programs implemented pursuant to
99 this section or s. 322.0255 may shall be funded by the
100 motorcycle safety education fee collected pursuant to s.
101 320.08(1)(c), which shall be deposited in the Highway Safety
102 Operating Trust Fund of the department and appropriated for that
103 purpose.
104 Section 7. Subsections (5), (6), (7), and (8) of section
105 322.0255, Florida Statutes, are amended to read:
106 322.0255 Florida Motorcycle Safety Education Program.—
107 (5) The department shall, subject to the availability of
108 funds, reimburse each organization that provides an approved
109 motorcycle safety education course for each student who begins
110 the on-cycle portion of the course. This shall include any
111 student not required to attend a motorcycle safety education
112 course prior to licensure as required in s. 322.12. The amount
113 to be reimbursed per student to each course provider shall be
114 determined by the department. In order to facilitate such
115 determination, each course provider shall be required to submit
116 proof satisfactory to the department of the expected cost per
117 student to be incurred by such course provider. In no event
118 shall the amount to be reimbursed per student to any course
119 provider exceed the expected cost per student. In addition to
120 the amount of any reimbursement, each course provider that
121 conducts such a course may charge each student a tuition fee
122 sufficient to defray the cost of conducting the course. The
123 department shall fund the payments required under this
124 subsection from the motorcycle safety education fee, as provided
125 in ss. 320.08 and 322.025.
126 (5)(6) Each organization that provides an approved
127 motorcycle safety course may charge a registration fee, not to
128 exceed $20 per student. This fee must be refunded if the student
129 completes the course. However, any student who registers for,
130 and does not complete, the course must forfeit his or her
131 registration fee. Forfeited fees may be retained by the
132 organization that conducts the course.
133 (6)(7) The department may adopt rules to implement this
134 section.
135 (7)(8) On and after January 1, 1989, every first-time
136 applicant for licensure to operate a motorcycle who is under 21
137 years of age shall be required to complete a motorcycle
138 education course as established pursuant to this section. Proof
139 of completion of such education course shall be presented to the
140 driver license examining office prior to such licensure to
141 operate a motorcycle.
142 Section 8. This act shall take effect February 1, 2009, or
143 upon becoming a law, whichever occurs later.
144
145 ================= T I T L E A M E N D M E N T ================
146 And the title is amended as follows:
147 Delete everything before the enacting clause
148 and insert:
149 A bill to be entitled
150 An act relating to the Department of Highway Safety and Motor
151 Vehicles; amending s. 318.18, F.S.; increasing the fine imposed
152 for failing to pay a civil traffic penalty within the period
153 specified; requiring that the additional revenue be deposited
154 into the General Revenue Fund; prohibiting the use of a portion
155 of that amount in establishing the budget of the clerk of the
156 court; amending s. 320.06, F.S.; requiring that certain fees
157 collected from motor vehicle registration and registration
158 renewal be deposited into the Highway Safety Operating Trust
159 Fund; amending s. 320.08, F.S.; authorizing the use of certain
160 fees from motorcycle and moped registration for the general
161 operations of the department; amending ss. 320.0805 and
162 320.08056, F.S.; requiring that certain fees for prestige and
163 specialty license plates be deposited into the Highway Safety
164 Operating Trust Fund; amending s. 322.025, F.S.; revising
165 requirements for funding motorcycle driver improvement programs;
166 amending s. 322.0255, F.S.; eliminating a requirement that the
167 department reimburse organizations that provide motorcycle
168 safety education courses; providing an effective date.