HB 5007A

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

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