HB 1195

1
A bill to be entitled
2An act relating to salaries of law enforcement,
3correctional, and correctional probation officers;
4amending s. 318.15, F.S.; increasing a service charge paid
5for reinstatement of a suspended driver's license and
6privilege to drive; revising provisions for distribution
7and use of funds; amending s. 318.18, F.S.; increasing a
8civil penalty for late payment of civil traffic penalties;
9revising provisions for distribution and use of funds;
10amending s. 319.32, F.S.; providing an additional fee for
11certain certificate of title transactions; providing for
12use of the fee; amending s. 319.323, F.S.; increasing the
13expedited service fee for certain services; revising
14provisions for distribution and use of funds; amending s.
15319.324, F.S.; increasing the fee for odometer fraud
16prevention and detection; revising provisions for
17distribution and use of funds; creating s. 320.08041,
18F.S.; providing a surcharge on license tax; providing an
19exception; providing for use of the surcharge; amending s.
20320.07, F.S.; conforming a provision to creation of the
21surcharge in s. 320.08041, F.S.; amending s. 320.0805,
22F.S.; increasing the fee for personalized prestige license
23plates; revising provisions for distribution and use of
24funds; amending s. 320.131, F.S.; increasing the fee for
25temporary tags; revising provisions for distribution and
26use of funds; amending s. 320.71, F.S.; providing an
27additional fee for nonresident motor vehicle, mobile home,
28or recreational vehicle dealer's licenses; providing for
29use of the fee; amending s. 320.8225, F.S.; providing an
30additional fee for mobile home and recreational vehicle
31manufacturer, distributor, and importer licenses;
32providing for use of the fee; amending s. 322.21, F.S.;
33increasing the fees for reinstating a suspended or revoked
34driver's license or a commercial motor vehicle license;
35revising provisions for distribution and use of funds;
36amending s. 322.29, F.S.; increasing the service charge
37for reinstatement of a driver's license and privilege to
38drive suspended under specified provisions; revising
39provisions for distribution and use of funds; amending s.
40328.03, F.S.; providing an additional fee for vessel
41titles; providing for use of the fee; providing for use of
42the surcharge; amending s. 379.2201, F.S., relating to
43disposition of saltwater license and permit fees;
44conforming provisions to the disposition of the additional
45fee added to fishing licenses by this act; amending s.
46943.0585, F.S.; increasing the processing fee for a
47certificate of eligibility for expunction of criminal
48history records; revising provisions for distribution and
49use of funds; amending s. 945.215, F.S.; providing for a
50surcharge on items for resale at inmate canteens and
51vending machines maintained at correctional facilities;
52providing for use of the surcharge; amending s. 943.25,
53F.S.; providing that funds from a specified trust fund may
54be used for supplemental salary increases; providing an
55effective date.
56
57Be It Enacted by the Legislature of the State of Florida:
58
59     Section 1.  Subsection (2) of section 318.15, Florida
60Statutes, is amended to read:
61     318.15  Failure to comply with civil penalty or to appear;
62penalty.--
63     (2)  After suspension of the driver's license and privilege
64to drive of a person under subsection (1), the license and
65privilege may not be reinstated until the person complies with
66all obligations and penalties imposed on him or her under s.
67318.18 and presents to a driver license office a certificate of
68compliance issued by the court, together with a nonrefundable
69service charge of up to $60 $47.50 imposed under s. 322.29, or
70presents a certificate of compliance and pays the aforementioned
71service charge of up to $60 $47.50 to the clerk of the court or
72a driver licensing agent authorized in s. 322.135 clearing such
73suspension. Of the charge collected by the clerk of the court or
74driver licensing agent, $10 shall be remitted to the Department
75of Revenue to be deposited into the Highway Safety Operating
76Trust Fund and $12.50 shall be remitted to the Department of
77Revenue to be deposited into the Criminal Justice Standards and
78Training Trust Fund and used for supplemental salary increases
79to law enforcement, correctional, and correctional probation
80officers, as defined in s. 943.10(1), (2), and (3), who are
81employed in sworn or certified public safety occupations by the
82state. Such person shall also be in compliance with requirements
83of chapter 322 prior to reinstatement.
84     Section 2.  Paragraph (a) of subsection (8) of section
85318.18, Florida Statutes, is amended to read:
86     318.18  Amount of penalties.--The penalties required for a
87noncriminal disposition pursuant to s. 318.14 or a criminal
88offense listed in s. 318.17 are as follows:
89     (8)(a)  Any person who fails to comply with the court's
90requirements or who fails to pay the civil penalties specified
91in this section within the 30-day period provided for in s.
92318.14 must pay an additional civil penalty of $24 $16, $6.50 of
93which must be remitted to the Department of Revenue for deposit
94in the General Revenue Fund, and $9.50 of which must be remitted
95to the Department of Revenue for deposit in the Highway Safety
96Operating Trust Fund, and $8 of which must be remitted to the
97Department of Revenue to be deposited into the Criminal Justice
98Standards and Training Trust Fund. The portion of each
99additional fee imposed by this paragraph remitted to the
100Criminal Justice Standards and Training Trust Fund shall be used
101for supplemental salary increases to law enforcement,
102correctional, and correctional probation officers, as defined in
103s. 943.10(1), (2), and (3), who are employed in sworn or
104certified public safety occupations by the state. Of this
105additional civil penalty of $16, $4 is not revenue for purposes
106of s. 28.36 and may not be used in establishing the budget of
107the clerk of the court under that section or s. 28.35. The
108department shall contract with the Florida Association of Court
109Clerks, Inc., to design, establish, operate, upgrade, and
110maintain an automated statewide Uniform Traffic Citation
111Accounting System to be operated by the clerks of the court
112which shall include, but not be limited to, the accounting for
113traffic infractions by type, a record of the disposition of the
114citations, and an accounting system for the fines assessed and
115the subsequent fine amounts paid to the clerks of the court. On
116or before December 1, 2001, the clerks of the court must provide
117the information required by this chapter to be transmitted to
118the department by electronic transmission pursuant to the
119contract.
120     Section 3.  Subsections (1) and (3) of section 319.32,
121Florida Statutes, are amended to read:
122     319.32  Fees; service charges; disposition.--
123     (1)(a)  The department shall charge a fee of $24 for each
124original certificate of title except for a certificate of title
125for a motor vehicle for hire registered under s. 320.08(6), for
126which the title fee shall be $3, $24 for each duplicate copy of
127a certificate of title except for a certificate of title for a
128motor vehicle for hire registered under s. 320.08(6), for which
129the title fee shall be $3, $2 for each salvage certificate of
130title, and $3 for each assignment by a lienholder. It shall also
131charge a fee of $2 for noting a lien on a title certificate,
132which fee shall include the services for the subsequent issuance
133of a corrected certificate or cancellation of lien when that
134lien is satisfied. If an application for a certificate of title
135is for a rebuilt vehicle, the department shall charge an
136additional fee of $40 for conducting a physical examination of
137the vehicle to assure its identity. In addition to all other
138fees charged, a sum of $1 shall be paid for the issuance of an
139original or duplicate certificate of title to cover the cost of
140materials used for security purposes.
141     (b)  In addition to the fees for each original certificate
142of title and for each application for a certificate of title for
143a rebuilt vehicle, there shall be a fee of $2 for each such
144title or application, which shall be remitted to the Department
145of Revenue to be deposited into the Criminal Justice Standards
146and Training Trust Fund and used for supplemental salary
147increases to law enforcement, correctional, and correctional
148probation officers, as defined in s. 943.10(1), (2), and (3),
149who are employed in sworn or certified public safety occupations
150by the state.
151     (3)  The department shall charge a fee of $4 in addition to
152those that charged in subsection (1) for each original
153certificate of title issued for a vehicle previously registered
154outside this state.
155     Section 4.  Section 319.323, Florida Statutes, is amended
156to read:
157     319.323  Expedited service; applications; fees.--The
158department shall establish a separate title office which may be
159utilized by private citizens and licensed motor vehicle dealers
160to receive expedited service on title transfers, title
161issuances, duplicate titles, and recordation of liens, and
162certificates of repossession. A fee of $9 $7 shall be charged
163for this service, which fee is in addition to the fees imposed
164by s. 319.32. Two dollars of this fee shall be remitted to the
165Department of Revenue to be deposited into the Criminal Justice
166Standards and Training Trust Fund and used for supplemental
167salary increases to law enforcement, correctional, and
168correctional probation officers, as defined in s. 943.10(1),
169(2), and (3), who are employed in sworn or certified public
170safety occupations by the state. Application for such expedited
171service may be made by mail or in person. The department shall
172issue each title applied for pursuant to this section within 5
173working days after receipt of the application except for an
174application for a duplicate title certificate covered by s.
175319.23(4), in which case the title must be issued within 5
176working days after compliance with the department's verification
177requirements.
178     Section 5.  Subsection (1) of section 319.324, Florida
179Statutes, is amended to read:
180     319.324  Odometer fraud prevention and detection;
181funding.--
182     (1)(a)  Moneys received by the department pursuant to s.
183319.32(1) in the amount of $2 $1 for each original certificate
184of title, each duplicate copy of a certificate of title, and
185each assignment by a lienholder. One dollar of this fee shall be
186deposited into the Highway Safety Operating Trust Fund and $1 of
187this fee shall be remitted to the Department of Revenue to be
188deposited into the Criminal Justice Standards and Training Trust
189Fund and used for supplemental salary increases to law
190enforcement, correctional, and correctional probation officers,
191as defined in s. 943.10(1), (2), and (3), who are employed in
192sworn or certified public safety occupations by the state.
193     (b)  There shall also be deposited into the Highway Safety
194Operating Trust Fund moneys received by the department pursuant
195to s. 319.323 in the amount of $2 for each expedited service
196performed by the department for which a fee is assessed.
197     Section 6.  Section 320.08041, Florida Statutes, is created
198to read:
199     320.08041  Surcharge on license tax; Criminal Justice
200Standards and Training Trust Fund.--There is levied and imposed
201on each license tax imposed under s. 320.08, except those set
202forth in s. 320.08(11), a surcharge in the amount of $2, which
203shall be collected in the same manner as the annual license tax
204and deposited into the Criminal Justice Standards and Training
205Trust Fund and used for supplemental salary increases to law
206enforcement, correctional, and correctional probation officers,
207as defined in s. 943.10(1), (2), and (3), who are employed in
208sworn or certified public safety occupations by the state.
209     Section 7.  Paragraph (b) of subsection (2) of section
210320.07, Florida Statutes, is amended to read:
211     320.07  Expiration of registration; renewal required;
212penalties.--
213     (2)  Registration shall be renewed semiannually, annually,
214or biennially, as provided in this subsection, during the
215applicable renewal period, upon payment of the applicable
216license tax amounts required by s. 320.08, service charges
217required by s. 320.04, and any additional fees required by law.
218     (b)  Any person who owns a motor vehicle or mobile home
219registered under s. 320.08(1), (2), (3), (4)(a) or (b), (6),
220(7), (8), (9), (10), or (11) may renew the vehicle registration
221biennially during the applicable renewal period upon payment of
222the 2-year cumulative total of all applicable license tax
223amounts required by s. 320.08 and service charges or surcharges
224required by ss. 320.03, 320.04, 320.0801, 320.08015, 320.0802,
225320.0804, 320.08041 320.0805, 320.08046, 320.0805, and 320.08056
226and payment of the 2-year cumulative total of any additional
227fees required by law for an annual registration.
228     Section 8.  Subsection (2) of section 320.0805, Florida
229Statutes, as amended by chapter 2009-14, Laws of Florida, is
230amended to read:
231     320.0805  Personalized prestige license plates.--
232     (2)(a)  Each request for specific numbers or letters or
233combinations thereof shall be submitted annually to the
234department on an application form supplied by the department,
235accompanied by the following tax and fees:
236     1.(a)  The license tax required for the vehicle, as set
237forth in s. 320.08.
238     2.(b)  A prestige plate annual use fee of $10.
239     3.(c)  A processing fee of $4 $2, to be deposited into the
240Highway Safety Operating Trust Fund.
241     (b)  Two dollars of the processing fee shall be remitted to
242the Department of Revenue to be deposited into the Criminal
243Justice Standards and Training Trust Fund and used for
244supplemental salary increases to law enforcement, correctional,
245and correctional probation officers, as defined in s. 943.10(1),
246(2), and (3), who are employed in sworn or certified public
247safety occupations by the state.
248     Section 9.  Subsection (2) of section 320.131, Florida
249Statutes, is amended to read:
250     320.131  Temporary tags.--
251     (2)  The department is authorized to sell temporary tags,
252in addition to those listed above, to their agents and where
253need is demonstrated by a consumer complainant. The fee shall be
254$3 $2 each. One dollar from each tag sold shall be deposited
255into the Brain and Spinal Cord Injury Rehabilitation Trust Fund,
256$1 shall be remitted to the Department of Revenue to be
257deposited into the Criminal Justice Standards and Training Trust
258Fund and used for supplemental salary increases to law
259enforcement, correctional, and correctional probation officers,
260as defined in s. 943.10(1), (2), and (3), who are employed in
261sworn or certified public safety occupations by the state, with
262the remaining proceeds being deposited into the Highway Safety
263Operating Trust Fund. Agents of the department shall sell
264temporary tags for $3 $2 each and shall charge the service
265charge authorized by s. 320.04 per transaction, regardless of
266the quantity sold. Requests for purchase of temporary tags to
267the department or its agents shall be made, where applicable, on
268letterhead stationery and notarized. Except as specifically
269provided otherwise, a temporary tag shall be valid for 30 days,
270and no more than two shall be issued to the same person for the
271same vehicle.
272     Section 10.  Subsection (1) of section 320.71, Florida
273Statutes, is amended to read:
274     320.71  Nonresident motor vehicle, mobile home, or
275recreational vehicle dealer's license.--
276     (1)  Any person who is a nonresident of the state, who does
277not have a dealer's contract from the manufacturer or
278manufacturer's distributor of motor vehicles, mobile homes, or
279recreational vehicles authorizing the sale thereof in definite
280Florida territory, and who sells or engages in the business of
281selling said vehicles at retail within the state shall register
282with the Department of Revenue for a sales tax dealer
283registration number and comply with chapter 212, and pay a
284license tax of $2,000 per annum in each county where such sales
285are made; $1,250 of said tax shall be transmitted to the
286Department of Financial Services to be deposited in the General
287Revenue Fund of the state, and $750 thereof shall be returned to
288the county. The license tax shall cover the period from January
2891 to the following December 31, and no such license shall be
290issued for any fractional part of a year. In addition to the
291fees in this subsection, a fee of $10 shall be charged for each
292application or renewal, which shall be remitted to the
293Department of Revenue to be deposited into the Criminal Justice
294Standards and Training Trust Fund and used for supplemental
295salary increases to law enforcement, correctional, and
296correctional probation officers, as defined in s. 943.10(1),
297(2), and (3), who are employed in sworn or certified public
298safety occupations by the state.
299     Section 11.  Subsection (3) of section 320.8225, Florida
300Statutes, is amended to read:
301     320.8225  Mobile home and recreational vehicle
302manufacturer, distributor, and importer license.--
303     (3)  FEES.--
304     (a)  Upon submitting an initial application, the applicant
305shall pay to the department a fee of $300. Upon submitting a
306renewal application, the applicant shall pay to the department a
307fee of $100. Any applicant for renewal who fails to submit his
308or her renewal application by October 1 shall pay a renewal
309application fee equal to the original application fee. No fee is
310refundable. All fees collected under this paragraph must be
311deposited into the General Revenue Fund.
312     (b)  In addition to the application and renewal fees listed
313in paragraph (a), a fee of $10 shall be charged for each
314application or renewal, which shall be remitted to the
315Department of Revenue to be deposited into the Criminal Justice
316Standards and Training Trust Fund and used for supplemental
317salary increases to law enforcement, correctional, and
318correctional probation officers, as defined in s. 943.10(1),
319(2), and (3), who are employed in sworn or certified public
320safety occupations by the state.
321     Section 12.  Subsections (1) and (8) of section 322.21,
322Florida Statutes, are amended to read:
323     322.21  License fees; procedure for handling and collecting
324fees; distribution of funds.--
325     (1)(a)  Except as otherwise provided herein, the fee for:
326     1.(a)  An original or renewal commercial driver's license
327is $67, which shall include the fee for driver education
328provided by s. 1003.48; however, if an applicant has completed
329training and is applying for employment or is currently employed
330in a public or nonpublic school system that requires the
331commercial license, the fee shall be the same as for a Class E
332driver's license. A delinquent fee of $1 shall be added for a
333renewal made not more than 12 months after the license
334expiration date.
335     2.(b)  An original Class E driver's license is $27, which
336shall include the fee for driver's education provided by s.
3371003.48; however, if an applicant has completed training and is
338applying for employment or is currently employed in a public or
339nonpublic school system that requires a commercial driver
340license, the fee shall be the same as for a Class E license.
341     3.(c)  The renewal or extension of a Class E driver's
342license or of a license restricted to motorcycle use only is
343$20, except that a delinquent fee of $1 shall be added for a
344renewal or extension made not more than 12 months after the
345license expiration date. The fee provided in this subparagraph
346paragraph shall include the fee for driver's education provided
347by s. 1003.48.
348     4.(d)  An original driver's license restricted to
349motorcycle use only is $27, which shall include the fee for
350driver's education provided by s. 1003.48.
351     5.(e)  A replacement driver's license issued pursuant to s.
352322.17 is $10. Of this amount $7 shall be deposited into the
353Highway Safety Operating Trust Fund and $3 shall be deposited
354into the General Revenue Fund.
355     6.(f)  An original, renewal, or replacement identification
356card issued pursuant to s. 322.051 is $10. Funds collected from
357these fees shall be distributed as follows:
358     a.1.  For an original identification card issued pursuant
359to s. 322.051 the fee shall be $10. This amount shall be
360deposited into the General Revenue Fund.
361     b.2.  For a renewal identification card issued pursuant to
362s. 322.051 the fee shall be $10. Of this amount, $6 shall be
363deposited into the Highway Safety Operating Trust Fund and $4
364shall be deposited into the General Revenue Fund.
365     c.3.  For a replacement identification card issued pursuant
366to s. 322.051 the fee shall be $10. Of this amount, $9 shall be
367deposited into the Highway Safety Operating Trust Fund and $1
368shall be deposited into the General Revenue Fund.
369     7.(g)  Each endorsement required by s. 322.57 is $7.
370     8.(h)  A hazardous-materials endorsement, as required by s.
371322.57(1)(d), shall be set by the department by rule and shall
372reflect the cost of the required criminal history check,
373including the cost of the state and federal fingerprint check,
374and the cost to the department of providing and issuing the
375license. The fee shall not exceed $100. This fee shall be
376deposited in the Highway Safety Operating Trust Fund. The
377department may adopt rules to administer this section.
378     (b)  A fee of $4 shall be added to each renewal subject to
379a delinquent fee under subparagraph (a)1. or subparagraph (a)3.
380The proceeds of these fees shall be remitted to the Department
381of Revenue to be deposited into the Criminal Justice Standards
382and Training Trust Fund and used for supplemental salary
383increases to law enforcement, correctional, and correctional
384probation officers, as defined in s. 943.10(1), (2), and (3),
385who are employed in sworn or certified public safety occupations
386by the state.
387     (8)  Any person who applies for reinstatement following the
388suspension or revocation of the person's driver's license shall
389pay a service fee of $45 $35 following a suspension, and $75 $60
390following a revocation, which is in addition to the fee for a
391license. Any person who applies for reinstatement of a
392commercial driver's license following the disqualification of
393the person's privilege to operate a commercial motor vehicle
394shall pay a service fee of $75 $60, which is in addition to the
395fee for a license. The department shall collect all of these
396fees at the time of reinstatement. The department shall issue
397proper receipts for such fees and shall promptly transmit all
398funds received by it as follows:
399     (a)  Of the $45 $35 fee received from a licensee for
400reinstatement following a suspension, the department shall
401deposit $15 in the General Revenue Fund, and $20 in the Highway
402Safety Operating Trust Fund, and $10 into the Criminal Justice
403Standards and Training Trust Fund.
404     (b)  Of the $75 $60 fee received from a licensee for
405reinstatement following a revocation or disqualification, the
406department shall deposit $35 in the General Revenue Fund, and
407$25 in the Highway Safety Operating Trust Fund, and $15 into the
408Criminal Justice Standards and Training Trust Fund.
409
410If the revocation or suspension of the driver's license was for
411a violation of s. 316.193, or for refusal to submit to a lawful
412breath, blood, or urine test, an additional fee of $130 $115
413must be charged. However, only one $130 $115 fee may be
414collected from one person convicted of violations arising out of
415the same incident. The department shall collect the $130 $115
416fee and deposit $115 of the fee into the Highway Safety
417Operating Trust Fund and $15 of the fee into the Criminal
418Justice Standards and Training Trust Fund at the time of
419reinstatement of the person's driver's license, but the fee may
420not be collected if the suspension or revocation is overturned.
421If the revocation or suspension of the driver's license was for
422a conviction for a violation of s. 817.234(8) or (9) or s.
423817.505, an additional fee of $180 is imposed for each offense.
424The department shall collect and deposit the additional fee into
425the Highway Safety Operating Trust Fund at the time of
426reinstatement of the person's driver's license. The portion of
427each additional fee imposed by this subsection remitted to the
428Criminal Justice Standards and Training Trust Fund shall be used
429for supplemental salary increases to law enforcement,
430correctional, and correctional probation officers, as defined in
431s. 943.10(1), (2), and (3), who are employed in sworn or
432certified public safety occupations by the state.
433     Section 13.  Subsection (2) of section 322.29, Florida
434Statutes, is amended to read:
435     322.29  Surrender and return of license.--
436     (2)  The provisions of subsection (1) to the contrary
437notwithstanding, no examination is required for the return of a
438license suspended under s. 318.15 or s. 322.245 unless an
439examination is otherwise required by this chapter. Every person
440applying for the return of a license suspended under s. 318.15
441or s. 322.245 shall present to the department certification from
442the court that he or she has complied with all obligations and
443penalties imposed on him or her pursuant to s. 318.15 or, in the
444case of a suspension pursuant to s. 322.245, that he or she has
445complied with all directives of the court and the requirements
446of s. 322.245 and shall pay to the department a nonrefundable
447service fee of $60 $47.50, of which $37.50 shall be deposited
448into the General Revenue Fund, and $10 shall be deposited into
449the Highway Safety Operating Trust Fund, and $12.50 shall be
450deposited into the Criminal Justice Standards and Training Trust
451Fund. If reinstated by the clerk of the court or tax collector,
452$37.50 shall be retained, and $10 shall be remitted to the
453Department of Revenue for deposit into the Highway Safety
454Operating Trust Fund, and $12.50 shall be deposited into the
455Criminal Justice Standards and Training Trust Fund. However, the
456service fee is not required if the person is required to pay a
457$45 $35 fee or $75 $60 fee under the provisions of s. 322.21.
458The portion of each additional fee imposed by this subsection
459remitted to the Criminal Justice Standards and Training Trust
460Fund shall be used for supplemental salary increases to law
461enforcement, correctional, and correctional probation officers,
462as defined in s. 943.10(1), (2), and (3), who are employed in
463sworn or certified public safety occupations by the state.
464     Section 14.  Subsection (6) of section 328.03, Florida
465Statutes, is amended to read:
466     328.03  Certificate of title required.--
467     (6)(a)  The Department of Highway Safety and Motor Vehicles
468shall charge a fee of $6.25 $5.25 for issuing each certificate
469of title. The tax collector shall be entitled to retain $3.75 of
470the fee. Notwithstanding any other law, $1 of the fee shall be
471remitted to the Department of Revenue to be deposited into the
472Criminal Justice Standards and Training Trust Fund and used for
473supplemental salary increases to law enforcement, correctional,
474and correctional probation officers, as defined in s. 943.10(1),
475(2), and (3), who are employed in sworn or certified public
476safety occupations by the state.
477     (b)  Beginning July 1, 1996, The Department of Highway
478Safety and Motor Vehicles shall use security procedures,
479processes, and materials in the preparation and issuance of each
480certificate of title to prohibit, to the extent possible, a
481person's ability to alter, counterfeit, duplicate, or modify the
482certificate.
483     Section 15.  Subsection (1) of section 379.2201, Florida
484Statutes, is amended to read:
485     379.2201  Deposit of license fees; allocation of federal
486funds.--
487     (1)  Except as provided in ss. 379.203, and 379.207, and
488379.354(18), all saltwater license and permit fees collected
489pursuant to s. 379.354 shall be deposited into the Marine
490Resources Conservation Trust Fund, to be used as follows:
491     (a)  Not more than 7.5 percent of the total fees collected
492shall be used for administration of the licensing program and
493for information and education.
494     (b)  Not less than 30 percent of the total fees collected
495shall be used for law enforcement.
496     (c)  Not less than 32.5 percent of the total fees collected
497shall be used for marine research and management.
498     (d)  Not less than 30 percent of the total fees collected,
499for fishery enhancement, including, but not limited to, fishery
500statistics development, artificial reefs, and fish hatcheries.
501     Section 16.  Paragraph (b) of subsection (2) of section
502943.0585, Florida Statutes, is amended to read:
503     943.0585  Court-ordered expunction of criminal history
504records.--The courts of this state have jurisdiction over their
505own procedures, including the maintenance, expunction, and
506correction of judicial records containing criminal history
507information to the extent such procedures are not inconsistent
508with the conditions, responsibilities, and duties established by
509this section. Any court of competent jurisdiction may order a
510criminal justice agency to expunge the criminal history record
511of a minor or an adult who complies with the requirements of
512this section. The court shall not order a criminal justice
513agency to expunge a criminal history record until the person
514seeking to expunge a criminal history record has applied for and
515received a certificate of eligibility for expunction pursuant to
516subsection (2). A criminal history record that relates to a
517violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
518s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
519827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
520893.135, s. 916.1075, a violation enumerated in s. 907.041, or
521any violation specified as a predicate offense for registration
522as a sexual predator pursuant to s. 775.21, without regard to
523whether that offense alone is sufficient to require such
524registration, or for registration as a sexual offender pursuant
525to s. 943.0435, may not be expunged, without regard to whether
526adjudication was withheld, if the defendant was found guilty of
527or pled guilty or nolo contendere to the offense, or if the
528defendant, as a minor, was found to have committed, or pled
529guilty or nolo contendere to committing, the offense as a
530delinquent act. The court may only order expunction of a
531criminal history record pertaining to one arrest or one incident
532of alleged criminal activity, except as provided in this
533section. The court may, at its sole discretion, order the
534expunction of a criminal history record pertaining to more than
535one arrest if the additional arrests directly relate to the
536original arrest. If the court intends to order the expunction of
537records pertaining to such additional arrests, such intent must
538be specified in the order. A criminal justice agency may not
539expunge any record pertaining to such additional arrests if the
540order to expunge does not articulate the intention of the court
541to expunge a record pertaining to more than one arrest. This
542section does not prevent the court from ordering the expunction
543of only a portion of a criminal history record pertaining to one
544arrest or one incident of alleged criminal activity.
545Notwithstanding any law to the contrary, a criminal justice
546agency may comply with laws, court orders, and official requests
547of other jurisdictions relating to expunction, correction, or
548confidential handling of criminal history records or information
549derived therefrom. This section does not confer any right to the
550expunction of any criminal history record, and any request for
551expunction of a criminal history record may be denied at the
552sole discretion of the court.
553     (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
554petitioning the court to expunge a criminal history record, a
555person seeking to expunge a criminal history record shall apply
556to the department for a certificate of eligibility for
557expunction. The department shall, by rule adopted pursuant to
558chapter 120, establish procedures pertaining to the application
559for and issuance of certificates of eligibility for expunction.
560A certificate of eligibility for expunction is valid for 12
561months after the date stamped on the certificate when issued by
562the department. After that time, the petitioner must reapply to
563the department for a new certificate of eligibility. Eligibility
564for a renewed certification of eligibility must be based on the
565status of the applicant and the law in effect at the time of the
566renewal application. The department shall issue a certificate of
567eligibility for expunction to a person who is the subject of a
568criminal history record if that person:
569     (b)  Remits a $150 $75 processing fee to the department for
570placement of $75 in the Department of Law Enforcement Operating
571Trust Fund and $75 into the Criminal Justice Standard and
572Training Trust Fund to be used for supplemental salary increases
573to law enforcement, correctional, and correctional probation
574officers, as defined in s. 943.10(1), (2), and (3), who are
575employed in sworn or certified public safety occupations by the
576state, unless such fee is waived by the executive director.
577     Section 17.  Paragraph (e) of subsection (1) of section
578945.215, Florida Statutes, is amended to read:
579     945.215  Inmate welfare and employee benefit trust funds.--
580     (1)  INMATE PURCHASES; DEPARTMENT OF CORRECTIONS.--
581     (e)  Items for resale at inmate canteens and vending
582machines maintained at the correctional facilities shall be
583priced comparatively with like items for retail sale at fair
584market prices except for an additional 4-percent surcharge
585imposed by this paragraph to be remitted to the Criminal Justice
586Standards and Training Trust Fund. The proceeds from the
587surcharge shall be used for supplemental salary increases to law
588enforcement, correctional, and correctional probation officers,
589as defined in s. 943.10(1), (2), and (3), who are employed in
590sworn or certified public safety occupations by the state.
591     Section 18.  Subsections (2) and (8) of section 943.25,
592Florida Statutes, are amended to read:
593     943.25  Criminal justice trust funds; source of funds; use
594of funds.--
595     (2)  There is created, within the Department of Law
596Enforcement, the Criminal Justice Standards and Training Trust
597Fund to provide for the purpose of providing for the payment of
598necessary and proper expenses incurred by the operation of the
599commission and the Criminal Justice Professionalism Program and
600providing commission-approved criminal justice advanced and
601specialized training and criminal justice training school
602enhancements, including and of establishing the provisions of s.
603943.17 and developing the specific tests provided under s.
604943.12(9), and for supplemental salary increases to law
605enforcement, correctional, and correctional probation officers,
606as defined in s. 943.10(1), (2), and (3), who are employed in
607sworn or certified public safety occupations by the state. The
608program shall administer the Criminal Justice Standards and
609Training Trust Fund and shall report the status of the fund at
610each regularly scheduled commission meeting.
611     (8)  All funds deposited in the Criminal Justice Standards
612and Training Trust Fund shall be made available to the
613department for implementation of training programs and
614supplemental salary increases approved by the commission and the
615head of the department. Any salary increases shall be additional
616to any salary increases provided for general state employees in
617the General Appropriations Act or other legislation implementing
618that act and may be established at the discretion of the
619Legislature. Only funds deposited into the fund pursuant to s.
620318.15(2), s. 318.18(8)(a), s. 319.32(1)(b), s. 319.323, s.
621319.324(1)(a), s. 320.08041, s. 320.0805(2)(b), s. 320.131(2),
622s. 320.71(1), s. 320.8225(3)(b), s. 322.21(1)(b) and (8), s.
623322.29(2), s. 328.03(6)(a), s. 943.0585(2)(b), or s.
624945.215(1)(e) may be used to fund the salary increases described
625in this subsection. All such salary increases must be
626appropriated in the General Appropriations Act.
627     Section 19.  This act shall take effect July 1, 2009.


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