| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Highway Safety and |
| 3 | Motor Vehicles; providing for the implementation of a |
| 4 | certain litigation settlement; providing eligibility and |
| 5 | procedures to collect a credit on new or renewal |
| 6 | registrations; providing a funding mechanism for the |
| 7 | credit; requiring the credit amounts to be deducted from |
| 8 | specified moneys deposited into the General Revenue Fund; |
| 9 | authorizing recipients to return the credit; providing |
| 10 | that the credits are contingent on court approval of a |
| 11 | final settlement; providing for expiration; reenacting and |
| 12 | amending s. 20.24, F.S., relating to creation and |
| 13 | organization of the department; removing a provision for a |
| 14 | Bureau of Motor Vehicle Inspection within the department; |
| 15 | providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Implementation of litigation settlement |
| 20 | provisions of Collier v. Dickinson.-- |
| 21 | (1) Any person who held a driver's license, identification |
| 22 | card, or motor vehicle registration that was valid between June |
| 23 | 1, 2000, and September 30, 2004, is eligible to receive a single |
| 24 | $1 credit on a new or renewed motor vehicle registration between |
| 25 | July 1, 2009, and June 30, 2010. |
| 26 | (2) Notwithstanding the provisions of s. 320.08046, |
| 27 | Florida Statutes, the 58 percent of the surcharge levied under |
| 28 | s. 320.08046, Florida Statutes, that is to be deposited into the |
| 29 | General Revenue Fund pursuant to that section shall be used to |
| 30 | fund the $1 credit authorized in subsection (1). |
| 31 | (3) Eligible recipients may elect to return their credit. |
| 32 | (4) The Department of Highway Safety and Motor Vehicles |
| 33 | may only allow the credits authorized in subsection (1) if the |
| 34 | United States District Court for the Southern District of |
| 35 | Florida grants an order finally approving the settlement |
| 36 | agreement in Collier, et al. v. Dickinson, et al., case number |
| 37 | 04-21351-DV-JEM. |
| 38 | (5) This section expires July 1, 2011. |
| 39 | Section 2. Section 20.24, Florida Statutes, is reenacted |
| 40 | and amended to read: |
| 41 | 20.24 Department of Highway Safety and Motor |
| 42 | Vehicles.--There is created a Department of Highway Safety and |
| 43 | Motor Vehicles. |
| 44 | (1) The head of the Department of Highway Safety and Motor |
| 45 | Vehicles is the Governor and Cabinet. |
| 46 | (2) The following divisions, and bureaus within the |
| 47 | divisions, of the Department of Highway Safety and Motor |
| 48 | Vehicles are established: |
| 49 | (a) Division of the Florida Highway Patrol. |
| 50 | (b) Division of Driver Licenses. |
| 51 | (c) Division of Motor Vehicles. |
| 52 | 1. Bureau of Motor Vehicle Inspection. |
| 53 | Section 3. Section 320.08046, Florida Statutes, reads: |
| 54 | 320.08046 Surcharge on license tax; General Revenue |
| 55 | Fund.--There is levied on each license tax imposed under s. |
| 56 | 320.08, except those set forth in s. 320.08(11), a surcharge in |
| 57 | the amount of $1, which shall be collected in the same manner as |
| 58 | the license tax. Of the proceeds of the license tax surcharge, |
| 59 | 58 percent shall be deposited into the General Revenue Fund and |
| 60 | 42 percent shall be deposited into the Grants and Donations |
| 61 | Trust Fund in the Department of Juvenile Justice to fund the |
| 62 | community juvenile justice partnership grants program. |
| 63 | Section 4. This act shall take effect July 1, 2009. |