Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 838
Ì445874KÎ445874
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/22/2023 .
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The Committee on Transportation (Collins) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present paragraph (d) of subsection (1) of
6 section 320.08, Florida Statutes, is redesignated as paragraph
7 (g), a new paragraph (d) and paragraphs (e) and (f) are added to
8 that subsection, and paragraph (c) of that subsection is
9 amended, to read:
10 320.08 License taxes.—Except as otherwise provided herein,
11 there are hereby levied and imposed annual license taxes for the
12 operation of motor vehicles, mopeds, tri-vehicles as defined in
13 s. 316.003, and mobile homes as defined in s. 320.01, which
14 shall be paid to and collected by the department or its agent
15 upon the registration or renewal of registration of the
16 following:
17 (1) MOTORCYCLES AND MOPEDS.—
18 (c) Upon registration of a motorcycle, motor-driven cycle,
19 or moped, in addition to the license taxes specified in this
20 subsection, a nonrefundable motorcycle safety education fee in
21 the amount of $2.50 shall be paid. The proceeds of the safety
22 education such additional fee shall be deposited in the Highway
23 Safety Operating Trust Fund to fund a motorcycle driver
24 improvement program implemented pursuant to s. 322.025, the
25 Florida Motorcycle Safety Education Program established in s.
26 322.0255, or the general operations of the department.
27 (d) The entire safety education fee shall be used for a
28 safety and education program administered by a Florida not-for
29 profit corporation. The program administrator must:
30 1. Be a charity registered with the Department of
31 Agriculture and Consumer Services;
32 2. Have a history of actively advocating for motorcycle
33 safety and education in this state for at least 30 years;
34 3. Be a motorcycle grassroots organization that has
35 actively worked with the Florida motorcycle community for at
36 least 30 years;
37 4. Be focused primarily on promoting motorcycle safety and
38 education throughout this state; and
39 5. Have at least 3,000 active members drawn from the
40 motorcycle community throughout this state.
41 (e) The department shall enter into a 5-year contract with
42 the program administrator to use the safety education fee to pay
43 for motorcycle safety and education programs. The programs must
44 promote motorcycle safety and education for the purpose of
45 reducing motorcycle injuries and deaths in this state. The
46 programs may include pamphlets, advertisements, public service
47 announcements, digital media, social media, a website,
48 participation at grassroots motorcycle events, advocacy, and
49 reasonable administrative expenses.
50 (f) The program administrator shall file an annual report
51 with the President of the Senate and the Speaker of the House of
52 Representatives outlining the types of events the program
53 administrator attended, if any, and the methods selected to
54 distribute safety awareness and education materials or to expose
55 the public to the programs, and estimating the number of people
56 who were exposed to the program administrator’s educational
57 efforts.
58 Section 2. Subsection (1) and paragraph (a) of subsection
59 (2) of section 320.086, Florida Statutes, are amended to read:
60 320.086 Ancient or antique motor vehicles; horseless
61 carriage, antique, or historical license plates; former military
62 vehicles.—
63 (1) The owner of a motor vehicle for private use
64 manufactured in model year 1945 or earlier and operated on the
65 streets and highways of this state shall, upon application in
66 the manner and at the time prescribed by the department and upon
67 payment of the license tax for an ancient motor vehicle
68 prescribed by s. 320.08(1)(g), (2)(a), or (3)(e) s.
69 320.08(1)(d), (2)(a), or (3)(e), be issued a special license
70 plate for such motor vehicle. The license plate shall be
71 permanent and valid for use without renewal so long as the
72 vehicle is in existence. In addition to the payment of all other
73 fees required by law, the applicant shall pay such fee for the
74 issuance of the special license plate as may be prescribed by
75 the department commensurate with the cost of its manufacture.
76 The registration numbers and special license plates assigned to
77 such motor vehicles shall run in a separate numerical series,
78 commencing with “Horseless Carriage No. 1,” and the plates shall
79 be of a distinguishing color.
80 (2)(a) The owner of a motor vehicle for private use
81 manufactured in a model year after 1945 and of the age of 30
82 years or more after the model year and operated on the streets
83 and highways of this state may, upon application in the manner
84 and at the time prescribed by the department and upon payment of
85 the license tax prescribed by s. 320.08(1)(g), (2)(a), or (3)(e)
86 s. 320.08(1)(d), (2)(a), or (3)(e), be issued a special license
87 plate for such motor vehicle. In addition to the payment of all
88 other fees required by law, the applicant shall pay the fee for
89 the issuance of the special license plate prescribed by the
90 department, commensurate with the cost of its manufacture. The
91 registration numbers and special license plates assigned to such
92 motor vehicles shall run in a separate numerical series,
93 commencing with “Antique No. 1,” and the plates shall be of a
94 distinguishing color. The owner of the motor vehicle may, upon
95 application and payment of the license tax prescribed by s.
96 320.08, be issued a regular Florida license plate or specialty
97 license plate in lieu of the special “Antique” license plate.
98 Section 3. By October 1, 2023, the Department of Highway
99 Safety and Motor Vehicles shall select a qualified program
100 administrator and enter into the contract as specified in this
101 act. The department shall transmit the safety education fee
102 quarterly to the administrator, with the first payment being
103 payable October 1, 2023.
104 Section 4. This act shall take effect July 1, 2023.
105
106 ================= T I T L E A M E N D M E N T ================
107 And the title is amended as follows:
108 Delete everything before the enacting clause
109 and insert:
110 A bill to be entitled
111 An act relating to proceeds funding motorcycle safety
112 education; amending s. 320.08, F.S.; requiring that
113 the motorcycle safety education fee be used for a
114 safety and education program administered by a certain
115 not-for-profit corporation; providing requirements of
116 the administrator of such program; requiring the
117 Department of Highway Safety and Motor Vehicles to
118 enter into a certain contract for a specified purpose;
119 specifying the requirements of the safety awareness
120 and education programs; requiring the administrator of
121 the programs to file an annual report with the
122 Legislature; amending s. 320.086, F.S.; conforming
123 cross-references; requiring the department to select
124 an administrator and enter into a contract by a
125 specified date; requiring the department to transmit
126 the safety education fee to the program administrator
127 quarterly; specifying the first payment date;
128 providing an effective date.