CS for SB 40-A                                   First Engrossed
       
       
       
       
       
       
       
       
       200940Ae1
       
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 318.18, F.S.;
    4         increasing the fine imposed for failing to pay a civil
    5         traffic penalty within the period specified; requiring
    6         that the additional revenue be deposited into the
    7         General Revenue Fund; prohibiting the use of a portion
    8         of that amount in establishing the budget of the clerk
    9         of the court; amending s. 320.06, F.S.; requiring that
   10         certain fees collected from motor vehicle registration
   11         and registration renewal be deposited into the Highway
   12         Safety Operating Trust Fund; amending s. 320.08, F.S.;
   13         authorizing the use of certain fees from motorcycle
   14         and moped registration for the general operations of
   15         the department; amending ss. 320.0805 and 320.08056,
   16         F.S.; requiring that certain fees for prestige and
   17         specialty license plates be deposited into the Highway
   18         Safety Operating Trust Fund; amending s. 322.025,
   19         F.S.; revising requirements for funding motorcycle
   20         driver improvement programs; amending s. 322.0255,
   21         F.S.; eliminating a requirement that the department
   22         reimburse organizations that provide motorcycle safety
   23         education courses; providing an effective date.
   24         
   25  Be It Enacted by the Legislature of the State of Florida:
   26         
   27         Section 1. Paragraph (a) of subsection (8) of section
   28  318.18, Florida Statutes, is amended to read:
   29         318.18 Amount of penalties.—The penalties required for a
   30  noncriminal disposition pursuant to s. 318.14 or a criminal
   31  offense listed in s. 318.17 are as follows:
   32         (8)(a) Any person who fails to comply with the court's
   33  requirements or who fails to pay the civil penalties specified
   34  in this section within the 30-day period provided for in s.
   35  318.14 must pay an additional civil penalty of $16 $12, $6.50
   36  $2.50 of which must be remitted to the Department of Revenue for
   37  deposit in the General Revenue Fund, and $9.50 of which must be
   38  remitted to the Department of Revenue for deposit in the Highway
   39  Safety Operating Trust Fund. Of this additional civil penalty of
   40  $16, $4 is not revenue for purposes of s. 28.36 and may not be
   41  used in establishing the budget of the clerk of the court under
   42  that section or s. 28.35. The department shall contract with the
   43  Florida Association of Court Clerks, Inc., to design, establish,
   44  operate, upgrade, and maintain an automated statewide Uniform
   45  Traffic Citation Accounting System to be operated by the clerks
   46  of the court which shall include, but not be limited to, the
   47  accounting for traffic infractions by type, a record of the
   48  disposition of the citations, and an accounting system for the
   49  fines assessed and the subsequent fine amounts paid to the
   50  clerks of the court. On or before December 1, 2001, the clerks
   51  of the court must provide the information required by this
   52  chapter to be transmitted to the department by electronic
   53  transmission pursuant to the contract.
   54         Section 2. Paragraph (b) of subsection (3) of section
   55  320.06, Florida Statutes, is amended to read:
   56         320.06 Registration certificates, license plates, and
   57  validation stickers generally.—
   58         (3)
   59         (b) An additional fee of 50 cents shall be collected and
   60  deposited into the Highway Safety Operating Trust Fund on each
   61  motor vehicle registration or motor vehicle renewal registration
   62  issued in this state in order that all license plates and
   63  validation stickers be fully treated with retroreflective
   64  material.
   65         Section 3. Paragraph (c) of subsection (1) of section
   66  320.08, Florida Statutes, is amended to read:
   67         320.08 License taxes.—Except as otherwise provided herein,
   68  there are hereby levied and imposed annual license taxes for the
   69  operation of motor vehicles, mopeds, motorized bicycles as
   70  defined in s. 316.003(2), and mobile homes, as defined in s.
   71  320.01, which shall be paid to and collected by the department
   72  or its agent upon the registration or renewal of registration of
   73  the following:
   74         (1) MOTORCYCLES AND MOPEDS.—
   75         (c) Upon registration of any motorcycle, motor-driven
   76  cycle, or moped there shall be paid in addition to the license
   77  taxes specified in this subsection a nonrefundable motorcycle
   78  safety education fee in the amount of $2.50. The proceeds of
   79  such additional fee shall be deposited in the Highway Safety
   80  Operating Trust Fund and be used exclusively to fund a
   81  motorcycle driver improvement program implemented pursuant to s.
   82  322.025, or the Florida Motorcycle Safety Education Program
   83  established in s. 322.0255, or the general operations of the
   84  department.
   85         Section 4. Subsection (2) of section 320.0805, Florida
   86  Statutes, is amended to read:
   87         320.0805 Personalized prestige license plates.—
   88         (2) Each request for specific numbers or letters or
   89  combinations thereof shall be submitted annually to the
   90  department on an application form supplied by the department,
   91  accompanied by the following tax and fees:
   92         (a) The license tax required for the vehicle, as set forth
   93  in s. 320.08.;
   94         (b) A prestige plate annual use fee of $10.; and
   95         (c) A processing fee of $2, to be deposited into the
   96  Highway Safety Operating Trust Fund.
   97         Section 5. Paragraph (b) of subsection (3) of section
   98  320.08056, Florida Statutes, is amended to read:
   99         320.08056 Specialty license plates.—
  100         (3) Each request must be made annually to the department,
  101  accompanied by the following tax and fees:
  102         (b) A processing fee of $2, to be deposited into the
  103  Highway Safety Operating Trust Fund.
  104  A request may be made any time during a registration period. If
  105  a request is made for a specialty license plate to replace a
  106  current valid license plate, the specialty license plate must be
  107  issued with appropriate decals attached at no tax for the plate,
  108  but all fees and service charges must be paid. When a request is
  109  made for a specialty license plate at the beginning of the
  110  registration period, the tax, together with all applicable fees
  111  and service charges, must be paid.
  112         Section 6. Subsection (1) of section 322.025, Florida
  113  Statutes, is amended to read:
  114         322.025 Driver improvement.—
  115         (1) The department may implement programs to improve the
  116  driving ability of the drivers of this state. Such programs may
  117  include, but shall not be limited to, safety awareness
  118  campaigns, driver training, and licensing improvement.
  119  Motorcycle driver improvement programs implemented pursuant to
  120  this section or s. 322.0255 may shall be funded by the
  121  motorcycle safety education fee collected pursuant to s.
  122  320.08(1)(c), which shall be deposited in the Highway Safety
  123  Operating Trust Fund of the department and appropriated for that
  124  purpose.
  125         Section 7. Subsections (5), (6), (7), and (8) of section
  126  322.0255, Florida Statutes, are amended to read:
  127         322.0255 Florida Motorcycle Safety Education Program.—
  128         (5)The department shall, subject to the availability of
  129  funds, reimburse each organization that provides an approved
  130  motorcycle safety education course for each student who begins
  131  the on-cycle portion of the course. This shall include any
  132  student not required to attend a motorcycle safety education
  133  course prior to licensure as required in s. 322.12. The amount
  134  to be reimbursed per student to each course provider shall be
  135  determined by the department. In order to facilitate such
  136  determination, each course provider shall be required to submit
  137  proof satisfactory to the department of the expected cost per
  138  student to be incurred by such course provider. In no event
  139  shall the amount to be reimbursed per student to any course
  140  provider exceed the expected cost per student. In addition to
  141  the amount of any reimbursement, each course provider that
  142  conducts such a course may charge each student a tuition fee
  143  sufficient to defray the cost of conducting the course. The
  144  department shall fund the payments required under this
  145  subsection from the motorcycle safety education fee, as provided
  146  in ss. 320.08 and 322.025.
  147         (5)(6) Each organization that provides an approved
  148  motorcycle safety course may charge a registration fee, not to
  149  exceed $20 per student. This fee must be refunded if the student
  150  completes the course. However, any student who registers for,
  151  and does not complete, the course must forfeit his or her
  152  registration fee. Forfeited fees may be retained by the
  153  organization that conducts the course.
  154         (6)(7) The department may adopt rules to implement this
  155  section.
  156         (7)(8) On and after January 1, 1989, every first-time
  157  applicant for licensure to operate a motorcycle who is under 21
  158  years of age shall be required to complete a motorcycle
  159  education course as established pursuant to this section. Proof
  160  of completion of such education course shall be presented to the
  161  driver license examining office prior to such licensure to
  162  operate a motorcycle.
  163         Section 8. This act shall take effect February 1, 2009, or
  164  upon becoming a law, whichever occurs later.