| 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. |