1 | Representative Glorioso offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. (1) The DUI Programs Coordination Trust Fund |
6 | within the Department of Highway Safety and Motor Vehicles, |
7 | FLAIR number 76-2-172, is terminated. |
8 | (2) The Department of Highway Safety and Motor Vehicles |
9 | shall pay any outstanding debts and obligations of the |
10 | terminated fund as soon as practicable and the Chief Financial |
11 | Officer shall close out and remove the terminated fund from the |
12 | various state accounting systems using generally accepted |
13 | accounting principles concerning warrants outstanding, assets, |
14 | and liabilities. |
15 | Section 2. Paragraph (c) of subsection (3) of section |
16 | 17.61, Florida Statutes, is amended to read: |
17 | 17.61 Chief Financial Officer; powers and duties in the |
18 | investment of certain funds.-- |
19 | (3) |
20 | (c) Except as provided in this paragraph and except for |
21 | moneys described in paragraph (d), the following agencies shall |
22 | not invest trust fund moneys as provided in this section, but |
23 | shall retain such moneys in their respective trust funds for |
24 | investment, with interest appropriated to the General Revenue |
25 | Fund, pursuant to s. 17.57: |
26 | 1. The Agency for Health Care Administration, except for |
27 | the Tobacco Settlement Trust Fund. |
28 | 2. The Agency for Persons with Disabilities, except for: |
29 | a. The Federal Grants Trust Fund. |
30 | b. The Tobacco Settlement Trust Fund. |
31 | 3. The Department of Children and Family Services, except |
32 | for: |
33 | a. The Alcohol, Drug Abuse, and Mental Health Trust Fund. |
34 | b. The Social Services Block Grant Trust Fund. |
35 | c. The Tobacco Settlement Trust Fund. |
36 | d. The Working Capital Trust Fund. |
37 | 4. The Department of Community Affairs, only for the |
38 | Operating Trust Fund. |
39 | 5. The Department of Corrections. |
40 | 6. The Department of Elderly Affairs, except for: |
41 | a. The Federal Grants Trust Fund. |
42 | b. The Tobacco Settlement Trust Fund. |
43 | 7. The Department of Health, except for: |
44 | a. The Federal Grants Trust Fund. |
45 | b. The Grants and Donations Trust Fund. |
46 | c. The Maternal and Child Health Block Grant Trust Fund. |
47 | d. The Tobacco Settlement Trust Fund. |
48 | 8. The Department of Highway Safety and Motor Vehicles, |
49 | only for: |
50 | a. The DUI Programs Coordination Trust Fund. |
51 | b. the Security Deposits Trust Fund. |
52 | 9. The Department of Juvenile Justice. |
53 | 10. The Department of Law Enforcement. |
54 | 11. The Department of Legal Affairs. |
55 | 12. The Department of State, only for: |
56 | a. The Grants and Donations Trust Fund. |
57 | b. The Records Management Trust Fund. |
58 | 13. The Executive Office of the Governor, only for: |
59 | a. The Economic Development Transportation Trust Fund. |
60 | b. The Economic Development Trust Fund. |
61 | 14. The Florida Public Service Commission, only for the |
62 | Florida Public Service Regulatory Trust Fund. |
63 | 15. The Justice Administrative Commission. |
64 | 16. The state courts system. |
65 | Section 3. Paragraphs (n) through (x) of subsection (4) of |
66 | section 215.20, Florida Statutes, are redesignated as paragraphs |
67 | (m) through (w), respectively, and current paragraph (m) of that |
68 | subsection is repealed: |
69 | 215.20 Certain income and certain trust funds to |
70 | contribute to the General Revenue Fund.-- |
71 | (4) The income of a revenue nature deposited in the |
72 | following described trust funds, by whatever name designated, is |
73 | that from which the appropriations authorized by subsection (3) |
74 | shall be made: |
75 | (m) Within the Department of Highway Safety and Motor |
76 | Vehicles, the DUI Programs Coordination Trust Fund. |
77 |
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78 | The enumeration of the foregoing moneys or trust funds shall not |
79 | prohibit the applicability of s. 215.24 should the Governor |
80 | determine that for the reasons mentioned in s. 215.24 the money |
81 | or trust funds should be exempt herefrom, as it is the purpose |
82 | of this law to exempt income from its force and effect when, by |
83 | the operation of this law, federal matching funds or |
84 | contributions or private grants to any trust fund would be lost |
85 | to the state. |
86 | Section 4. Paragraph (c) of subsection (1) of section |
87 | 320.08, Florida Statutes, is amended to read: |
88 | 320.08 License taxes.--Except as otherwise provided |
89 | herein, there are hereby levied and imposed annual license taxes |
90 | for the operation of motor vehicles, mopeds, motorized bicycles |
91 | as defined in s. 316.003(2), and mobile homes, as defined in s. |
92 | 320.01, which shall be paid to and collected by the department |
93 | or its agent upon the registration or renewal of registration of |
94 | the following: |
95 | (1) MOTORCYCLES AND MOPEDS.-- |
96 | (c) Upon registration of any motorcycle, motor-driven |
97 | cycle, or moped there shall be paid in addition to the license |
98 | taxes specified in this subsection a nonrefundable motorcycle |
99 | safety education fee in the amount of $2.50. The proceeds of |
100 | such additional fee shall be deposited in the Highway Safety |
101 | Operating Trust Fund and be used exclusively to fund a |
102 | motorcycle driver improvement program implemented pursuant to s. |
103 | 322.025, or the Florida Motorcycle Safety Education Program |
104 | established in s. 322.0255, or the general operations of the |
105 | department. |
106 | Section 5. Subsection (1) of section 322.025, Florida |
107 | Statutes, is amended to read: |
108 | 322.025 Driver improvement.-- |
109 | (1) The department may implement programs to improve the |
110 | driving ability of the drivers of this state. Such programs may |
111 | include, but shall not be limited to, safety awareness |
112 | campaigns, driver training, and licensing improvement. |
113 | Motorcycle driver improvement programs implemented pursuant to |
114 | this section or s. 322.0255 may shall be funded by the |
115 | motorcycle safety education fee collected pursuant to s. |
116 | 320.08(1)(c), which shall be deposited in the Highway Safety |
117 | Operating Trust Fund of the department and appropriated for that |
118 | purpose. |
119 | Section 6. Subsections (5), (6), (7), and (8) of section |
120 | 322.0255, Florida Statutes, are amended to read: |
121 | 322.0255 Florida Motorcycle Safety Education Program.-- |
122 | (5) The department shall, subject to the availability of |
123 | funds, reimburse each organization that provides an approved |
124 | motorcycle safety education course for each student who begins |
125 | the on-cycle portion of the course. This shall include any |
126 | student not required to attend a motorcycle safety education |
127 | course prior to licensure as required in s. 322.12. The amount |
128 | to be reimbursed per student to each course provider shall be |
129 | determined by the department. In order to facilitate such |
130 | determination, each course provider shall be required to submit |
131 | proof satisfactory to the department of the expected cost per |
132 | student to be incurred by such course provider. In no event |
133 | shall the amount to be reimbursed per student to any course |
134 | provider exceed the expected cost per student. In addition to |
135 | the amount of any reimbursement, each course provider that |
136 | conducts such a course may charge each student a tuition fee |
137 | sufficient to defray the cost of conducting the course. The |
138 | department shall fund the payments required under this |
139 | subsection from the motorcycle safety education fee, as provided |
140 | in ss. 320.08 and 322.025. |
141 | (5)(6) Each organization that provides an approved |
142 | motorcycle safety course may charge a registration fee, not to |
143 | exceed $20 per student. This fee must be refunded if the student |
144 | completes the course. However, any student who registers for, |
145 | and does not complete, the course must forfeit his or her |
146 | registration fee. Forfeited fees may be retained by the |
147 | organization that conducts the course. |
148 | (6)(7) The department may adopt rules to implement this |
149 | section. |
150 | (7)(8) On and after January 1, 1989, every first-time |
151 | applicant for licensure to operate a motorcycle who is under 21 |
152 | years of age shall be required to complete a motorcycle |
153 | education course as established pursuant to this section. Proof |
154 | of completion of such education course shall be presented to the |
155 | driver license examining office prior to such licensure to |
156 | operate a motorcycle. |
157 | Section 7. Section 322.293, Florida Statutes, is amended |
158 | to read: |
159 | 322.293 DUI programs Coordination Trust Fund; assessment; |
160 | disposition.-- |
161 | (1) The DUI programs Coordination Trust Fund shall be |
162 | administered by the department, and the costs of administration |
163 | shall be borne by the revenue collections provided in this |
164 | section fund. All funds received by the department DUI Programs |
165 | Coordination Trust Fund shall be used solely for the purposes |
166 | set forth in this chapter and for the general operation of the |
167 | department section and s. 322.292. However, if the Legislature |
168 | passes legislation consolidating existing trust funds assigned |
169 | to the department, all funds remaining in and deposited to the |
170 | DUI Programs Coordination Trust Fund shall be transferred to the |
171 | consolidated trust funds, subject to their being earmarked for |
172 | use solely for the purposes set forth in this section and s. |
173 | 322.292. |
174 | (2) Each DUI program shall assess $12 against each person |
175 | enrolling in a DUI program at the time of enrollment, including |
176 | persons who transfer to or from a program in another state. In |
177 | addition, second and third offenders and those offenders under |
178 | permanent driver's-license revocation who are evaluated for |
179 | eligibility for license restrictions under s. 322.271(2)(b) and |
180 | (4) shall be assessed $12 upon enrollment in the program and |
181 | upon each subsequent anniversary date while they are in the |
182 | program, for the duration of the license period. |
183 | (3) All assessments collected under this section shall be |
184 | deposited into the Highway Safety Operating forwarded to the DUI |
185 | Programs Coordination Trust Fund within 30 days after the last |
186 | day of the month in which the assessment was received. |
187 | Section 8. This act shall take effect upon becoming a law. |
188 |
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189 |
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190 | ----------------------------------------------------- |
191 | T I T L E A M E N D M E N T |
192 | Remove the entire title and insert: |
193 | A bill to be entitled |
194 | An act relating to the Department of Highway Safety and |
195 | Motor Vehicles; terminating the DUI Programs Coordination |
196 | Trust Fund; prescribing procedures for the termination of |
197 | the trust funds; amending ss. 17.61 and 215.20, F.S., |
198 | relating to investment of certain funds by the Chief |
199 | Financial Officer and trust fund contributions to the |
200 | General Revenue Fund; removing references to the trust |
201 | fund to conform; amending s. 320.08, F.S.; revising |
202 | allowed uses of proceeds in the Highway Safety Operating |
203 | Trust Fund from a fee paid upon registration of a |
204 | motorcycle, motor-driven cycle, or moped; amending s. |
205 | 322.025, F.S.; revising provisions for funding of certain |
206 | driver improvement programs; amending s. 322.0255, F.S.; |
207 | eliminating requirements for motorcycle safety education |
208 | course reimbursements; amending s. 322.293, F.S.; revising |
209 | requirements for distribution and use of certain proceeds |
210 | from persons enrolled in DUI programs; directing such |
211 | proceeds to be deposited into the Highway Safety Operating |
212 | Trust Fund; providing an effective date. |