Bill Text: FL S0838 | 2023 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Proceeds Funding Motorcycle Safety Education

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2023-05-25 - Chapter No. 2023-118 [S0838 Detail]

Download: Florida-2023-S0838-Comm_Sub.html

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       Florida Senate - 2023                       CS for CS for SB 838
       
       
        
       By the Committees on Appropriations; and Transportation; and
       Senator Collins
       
       
       
       
       576-04256-23                                           2023838c2
    1                        A bill to be entitled                      
    2         An act relating to proceeds funding motorcycle safety
    3         education; amending s. 320.08, F.S.; requiring that
    4         the motorcycle safety education fee be used for a
    5         safety and education program administered by Florida
    6         not-for-profit corporations; specifying requirements
    7         for the administrators of such program; requiring the
    8         Department of Highway Safety and Motor Vehicles to
    9         enter into certain contracts for a specified purpose;
   10         specifying the requirements of the safety awareness
   11         and education programs; specifying requirements for
   12         certain contracts; requiring the administrators of the
   13         programs to file an annual report with the Legislature
   14         by a certain date; amending s. 320.086, F.S.;
   15         conforming cross-references; requiring the department
   16         to select program administrators and enter into
   17         specified contracts by a specified date; requiring the
   18         department to transmit portions of the safety
   19         education fee to the program administrators quarterly;
   20         specifying the first payment date; providing an
   21         effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Present paragraph (d) of subsection (1) of
   26  section 320.08, Florida Statutes, is redesignated as paragraph
   27  (g), a new paragraph (d) and paragraphs (e) and (f) are added to
   28  that subsection, and paragraph (c) of that subsection is
   29  amended, to read:
   30         320.08 License taxes.—Except as otherwise provided herein,
   31  there are hereby levied and imposed annual license taxes for the
   32  operation of motor vehicles, mopeds, tri-vehicles as defined in
   33  s. 316.003, and mobile homes as defined in s. 320.01, which
   34  shall be paid to and collected by the department or its agent
   35  upon the registration or renewal of registration of the
   36  following:
   37         (1) MOTORCYCLES AND MOPEDS.—
   38         (c) Upon registration of a motorcycle, motor-driven cycle,
   39  or moped, in addition to the license taxes specified in this
   40  subsection, a nonrefundable motorcycle safety education fee in
   41  the amount of $2.50 shall be paid. The proceeds of the safety
   42  education such additional fee shall be deposited in the Highway
   43  Safety Operating Trust Fund to fund a motorcycle driver
   44  improvement program implemented pursuant to s. 322.025, the
   45  Florida Motorcycle Safety Education Program established in s.
   46  322.0255, or the general operations of the department.
   47         (d) The entire safety education fee shall be used for a
   48  safety and education program administered by three Florida not
   49  for-profit corporations.
   50         1. The program administrators must be charities registered
   51  with the Department of Agriculture and Consumer Services.
   52         2. One of the program administrators must be a motorcycle
   53  grassroots organization that has been in existence for no less
   54  than 30 years with an established history of advocating for
   55  motorcycle safety during that time period and can demonstrate
   56  membership of at least 5,000 members as of January 1, 2023,
   57  which are geographically dispersed throughout this state.
   58         3. Two of the program administrators must be motorcycle
   59  grassroots organizations that have been in existence for no less
   60  than 20 years with an established history of advocating for
   61  motorcycle safety during that time period and can demonstrate
   62  membership of at least 1,000 members as of January 1, 2023,
   63  which are geographically dispersed throughout this state.
   64         (e) The department shall enter into a 5-year contract with
   65  each of the program administrators to use their portion of the
   66  safety education fee to pay for motorcycle safety and education
   67  programs. The programs must promote motorcycle safety and
   68  education with the goal of reducing motorcycle injuries and
   69  deaths in this state. The programs may include pamphlets,
   70  advertisements, public service announcements, digital media,
   71  social media, a website, participation at grassroots motorcycle
   72  events, advocacy, and reasonable administrative expenses. Each
   73  5-year contract between the department and each program
   74  administrator must require that each program administrator show
   75  clear collaboration during and prior to implementation of
   76  motorcycle safety and education programs which may include, but
   77  need not be limited to, collaboration regarding advertising,
   78  management of the safety education fee funds, and motorcycle
   79  safety and education programs.
   80         (f) Each of the program administrators shall file an annual
   81  report by July 31 with the President of the Senate and the
   82  Speaker of the House of Representatives, outlining the types of
   83  events the program administrator attended, if any, and the
   84  methods selected to distribute safety awareness and education
   85  materials or to expose the public to the programs, estimating
   86  the number of people who were exposed to the program
   87  administrator’s educational efforts, and specifying clear
   88  collaboration with any other program administrator during and
   89  prior to implementation of any safety education programs.
   90         Section 2. Subsection (1) and paragraph (a) of subsection
   91  (2) of section 320.086, Florida Statutes, are amended to read:
   92         320.086 Ancient or antique motor vehicles; horseless
   93  carriage, antique, or historical license plates; former military
   94  vehicles.—
   95         (1) The owner of a motor vehicle for private use
   96  manufactured in model year 1945 or earlier and operated on the
   97  streets and highways of this state shall, upon application in
   98  the manner and at the time prescribed by the department and upon
   99  payment of the license tax for an ancient motor vehicle
  100  prescribed by s. 320.08(1)(g), (2)(a), or (3)(e) s.
  101  320.08(1)(d), (2)(a), or (3)(e), be issued a special license
  102  plate for such motor vehicle. The license plate shall be
  103  permanent and valid for use without renewal so long as the
  104  vehicle is in existence. In addition to the payment of all other
  105  fees required by law, the applicant shall pay such fee for the
  106  issuance of the special license plate as may be prescribed by
  107  the department commensurate with the cost of its manufacture.
  108  The registration numbers and special license plates assigned to
  109  such motor vehicles shall run in a separate numerical series,
  110  commencing with “Horseless Carriage No. 1,” and the plates shall
  111  be of a distinguishing color.
  112         (2)(a) The owner of a motor vehicle for private use
  113  manufactured in a model year after 1945 and of the age of 30
  114  years or more after the model year and operated on the streets
  115  and highways of this state may, upon application in the manner
  116  and at the time prescribed by the department and upon payment of
  117  the license tax prescribed by s. 320.08(1)(g), (2)(a), or (3)(e)
  118  s. 320.08(1)(d), (2)(a), or (3)(e), be issued a special license
  119  plate for such motor vehicle. In addition to the payment of all
  120  other fees required by law, the applicant shall pay the fee for
  121  the issuance of the special license plate prescribed by the
  122  department, commensurate with the cost of its manufacture. The
  123  registration numbers and special license plates assigned to such
  124  motor vehicles shall run in a separate numerical series,
  125  commencing with “Antique No. 1,” and the plates shall be of a
  126  distinguishing color. The owner of the motor vehicle may, upon
  127  application and payment of the license tax prescribed by s.
  128  320.08, be issued a regular Florida license plate or specialty
  129  license plate in lieu of the special “Antique” license plate.
  130         Section 3. By October 1, 2023, the Department of Highway
  131  Safety and Motor Vehicles shall select three program
  132  administrators that meet the requirements of s. 320.08(1)(d),
  133  Florida Statutes, and shall enter into contracts as specified in
  134  this act. The department shall award the contracts pursuant to
  135  this act to eligible entities even if a sufficient number of
  136  qualified entities have not applied. The department shall
  137  transmit one-third of the safety education fee to each program
  138  administrator quarterly, with the first payment being payable
  139  October 1, 2023.
  140         Section 4. This act shall take effect July 1, 2023.