Amendment
Bill No. CS/SB 40A
Amendment No. 831761
CHAMBER ACTION
Senate House
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1Representative Glorioso offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  (1)  The DUI Programs Coordination Trust Fund
6within the Department of Highway Safety and Motor Vehicles,
7FLAIR number 76-2-172, is terminated.
8     (2)  The Department of Highway Safety and Motor Vehicles
9shall pay any outstanding debts and obligations of the
10terminated fund as soon as practicable and the Chief Financial
11Officer shall close out and remove the terminated fund from the
12various state accounting systems using generally accepted
13accounting principles concerning warrants outstanding, assets,
14and liabilities.
15     Section 2.  Paragraph (c) of subsection (3) of section
1617.61, Florida Statutes, is amended to read:
17     17.61  Chief Financial Officer; powers and duties in the
18investment of certain funds.--
19     (3)
20     (c)  Except as provided in this paragraph and except for
21moneys described in paragraph (d), the following agencies shall
22not invest trust fund moneys as provided in this section, but
23shall retain such moneys in their respective trust funds for
24investment, with interest appropriated to the General Revenue
25Fund, pursuant to s. 17.57:
26     1.  The Agency for Health Care Administration, except for
27the 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
32for:
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
38Operating 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,
49only 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
62Florida 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
66section 215.20, Florida Statutes, are redesignated as paragraphs
67(m) through (w), respectively, and current paragraph (m) of that
68subsection is repealed:
69     215.20  Certain income and certain trust funds to
70contribute to the General Revenue Fund.--
71     (4)  The income of a revenue nature deposited in the
72following described trust funds, by whatever name designated, is
73that from which the appropriations authorized by subsection (3)
74shall be made:
75     (m)  Within the Department of Highway Safety and Motor
76Vehicles, the DUI Programs Coordination Trust Fund.
77
78The enumeration of the foregoing moneys or trust funds shall not
79prohibit the applicability of s. 215.24 should the Governor
80determine that for the reasons mentioned in s. 215.24 the money
81or trust funds should be exempt herefrom, as it is the purpose
82of this law to exempt income from its force and effect when, by
83the operation of this law, federal matching funds or
84contributions or private grants to any trust fund would be lost
85to the state.
86     Section 4.  Paragraph (c) of subsection (1) of section
87320.08, Florida Statutes, is amended to read:
88     320.08  License taxes.--Except as otherwise provided
89herein, there are hereby levied and imposed annual license taxes
90for the operation of motor vehicles, mopeds, motorized bicycles
91as defined in s. 316.003(2), and mobile homes, as defined in s.
92320.01, which shall be paid to and collected by the department
93or its agent upon the registration or renewal of registration of
94the following:
95     (1)  MOTORCYCLES AND MOPEDS.--
96     (c)  Upon registration of any motorcycle, motor-driven
97cycle, or moped there shall be paid in addition to the license
98taxes specified in this subsection a nonrefundable motorcycle
99safety education fee in the amount of $2.50. The proceeds of
100such additional fee shall be deposited in the Highway Safety
101Operating Trust Fund and be used exclusively to fund a
102motorcycle driver improvement program implemented pursuant to s.
103322.025, or the Florida Motorcycle Safety Education Program
104established in s. 322.0255, or the general operations of the
105department.
106     Section 5.  Subsection (1) of section 322.025, Florida
107Statutes, is amended to read:
108     322.025  Driver improvement.--
109     (1)  The department may implement programs to improve the
110driving ability of the drivers of this state. Such programs may
111include, but shall not be limited to, safety awareness
112campaigns, driver training, and licensing improvement.
113Motorcycle driver improvement programs implemented pursuant to
114this section or s. 322.0255 may shall be funded by the
115motorcycle safety education fee collected pursuant to s.
116320.08(1)(c), which shall be deposited in the Highway Safety
117Operating Trust Fund of the department and appropriated for that
118purpose.
119     Section 6.  Subsections (5), (6), (7), and (8) of section
120322.0255, Florida Statutes, are amended to read:
121     322.0255  Florida Motorcycle Safety Education Program.--
122     (5)  The department shall, subject to the availability of
123funds, reimburse each organization that provides an approved
124motorcycle safety education course for each student who begins
125the on-cycle portion of the course. This shall include any
126student not required to attend a motorcycle safety education
127course prior to licensure as required in s. 322.12. The amount
128to be reimbursed per student to each course provider shall be
129determined by the department. In order to facilitate such
130determination, each course provider shall be required to submit
131proof satisfactory to the department of the expected cost per
132student to be incurred by such course provider. In no event
133shall the amount to be reimbursed per student to any course
134provider exceed the expected cost per student. In addition to
135the amount of any reimbursement, each course provider that
136conducts such a course may charge each student a tuition fee
137sufficient to defray the cost of conducting the course. The
138department shall fund the payments required under this
139subsection from the motorcycle safety education fee, as provided
140in ss. 320.08 and 322.025.
141     (5)(6)  Each organization that provides an approved
142motorcycle safety course may charge a registration fee, not to
143exceed $20 per student. This fee must be refunded if the student
144completes the course. However, any student who registers for,
145and does not complete, the course must forfeit his or her
146registration fee. Forfeited fees may be retained by the
147organization that conducts the course.
148     (6)(7)  The department may adopt rules to implement this
149section.
150     (7)(8)  On and after January 1, 1989, every first-time
151applicant for licensure to operate a motorcycle who is under 21
152years of age shall be required to complete a motorcycle
153education course as established pursuant to this section. Proof
154of completion of such education course shall be presented to the
155driver license examining office prior to such licensure to
156operate a motorcycle.
157     Section 7.  Section 322.293, Florida Statutes, is amended
158to read:
159     322.293  DUI programs Coordination Trust Fund; assessment;
160disposition.--
161     (1)  The DUI programs Coordination Trust Fund shall be
162administered by the department, and the costs of administration
163shall be borne by the revenue collections provided in this
164section fund. All funds received by the department DUI Programs
165Coordination Trust Fund shall be used solely for the purposes
166set forth in this chapter and for the general operation of the
167department section and s. 322.292. However, if the Legislature
168passes legislation consolidating existing trust funds assigned
169to the department, all funds remaining in and deposited to the
170DUI Programs Coordination Trust Fund shall be transferred to the
171consolidated trust funds, subject to their being earmarked for
172use solely for the purposes set forth in this section and s.
173322.292.
174     (2)  Each DUI program shall assess $12 against each person
175enrolling in a DUI program at the time of enrollment, including
176persons who transfer to or from a program in another state. In
177addition, second and third offenders and those offenders under
178permanent driver's-license revocation who are evaluated for
179eligibility for license restrictions under s. 322.271(2)(b) and
180(4) shall be assessed $12 upon enrollment in the program and
181upon each subsequent anniversary date while they are in the
182program, for the duration of the license period.
183     (3)  All assessments collected under this section shall be
184deposited into the Highway Safety Operating forwarded to the DUI
185Programs Coordination Trust Fund within 30 days after the last
186day of the month in which the assessment was received.
187     Section 8.  This act shall take effect upon becoming a law.
188
189
190
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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
194An act relating to the Department of Highway Safety and
195Motor Vehicles; terminating the DUI Programs Coordination
196Trust Fund; prescribing procedures for the termination of
197the trust funds; amending ss. 17.61 and 215.20, F.S.,
198relating to investment of certain funds by the Chief
199Financial Officer and trust fund contributions to the
200General Revenue Fund; removing references to the trust
201fund to conform; amending s. 320.08, F.S.; revising
202allowed uses of proceeds in the Highway Safety Operating
203Trust Fund from a fee paid upon registration of a
204motorcycle, motor-driven cycle, or moped; amending s.
205322.025, F.S.; revising provisions for funding of certain
206driver improvement programs; amending s. 322.0255, F.S.;
207eliminating requirements for motorcycle safety education
208course reimbursements; amending s. 322.293, F.S.; revising
209requirements for distribution and use of certain proceeds
210from persons enrolled in DUI programs; directing such
211proceeds to be deposited into the Highway Safety Operating
212Trust Fund; providing an effective date.


CODING: Words stricken are deletions; words underlined are additions.