| 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; providing for the disposition of the balances | 
| 5 | in and revenues of the trust fund; prescribing procedures | 
| 6 | for the termination of the trust fund; amending s. 17.61, | 
| 7 | F.S.; removing the DUI Programs Coordination Trust Fund | 
| 8 | from the list of funds invested by the Chief Financial | 
| 9 | Officer; reenacting and amending s. 20.24, F.S., relating | 
| 10 | to the establishment of the Department of Highway Safety | 
| 11 | and Motor Vehicles pursuant to the provisions of the | 
| 12 | Florida Government Accountability Act; removing a | 
| 13 | provision for the Bureau of Motor Vehicle Inspection; | 
| 14 | amending s. 215.20, F.S.; removing the DUI Programs | 
| 15 | Coordination Trust Fund from the list of funds subject to | 
| 16 | a specified service charge; amending s. 319.40, F.S.; | 
| 17 | authorizing the issuance of electronic motor vehicle | 
| 18 | titles in lieu of paper motor vehicle titles; authorizing | 
| 19 | the department to collect and use e-mail addresses of | 
| 20 | motor vehicle owners and registrants as a notification | 
| 21 | method; amending s. 320.95, F.S.; authorizing the | 
| 22 | department to collect and use e-mail addresses of motor | 
| 23 | vehicle owners and registrants as a notification method; | 
| 24 | amending s. 322.293, F.S.; requiring that DUI programs be | 
| 25 | administered by the department and paid for by revenues | 
| 26 | collected for enrollment in DUI programs; revising | 
| 27 | provisions for disposition of assessments collected for | 
| 28 | enrollment in a DUI program; providing that such | 
| 29 | assessments be deposited into the Highway Safety Operating | 
| 30 | Trust Fund; amending s. 328.30, F.S.; authorizing the use | 
| 31 | of electronic mail for distribution of vessel titles; | 
| 32 | authorizing the department to collect and use e-mail | 
| 33 | addresses of vessel owners and registrants as a | 
| 34 | notification method; amending s. 328.80, F.S.; authorizing | 
| 35 | the department to accept certain applications by | 
| 36 | electronic or telephonic means; authorizing the department | 
| 37 | to collect and use e-mail addresses of vessel owners and | 
| 38 | registrants as a notification method; transferring the | 
| 39 | Office of Motor Carrier Compliance to the Department of | 
| 40 | Highway Safety and Motor Vehicles; providing for a | 
| 41 | reduction in staff and appropriations; amending ss. 20.23, | 
| 42 | 110.205, 311.12, 316.302, 316.3026, and 320.18, F.S.; | 
| 43 | conforming to changes made by the act; providing for | 
| 44 | conforming legislation; providing for assistance to | 
| 45 | certain legislative substantive committees by the Division | 
| 46 | of Statutory Revision of the Office of Legislative | 
| 47 | Services for certain purposes; providing effective dates. | 
| 48 | 
 | 
| 49 | Be It Enacted by the Legislature of the State of Florida: | 
| 50 | 
 | 
| 51 | Section 1.  (1)  The DUI Programs Coordination Trust Fund | 
| 52 | within the Department of Highway Safety and Motor Vehicles, | 
| 53 | FLAIR number 76-2-172, is terminated. | 
| 54 | (2)  All current balances remaining in, and all revenues | 
| 55 | of, the trust fund shall be transferred to the Highway Safety | 
| 56 | Operating Trust Fund within the Department of Highway Safety and | 
| 57 | Motor Vehicles, FLAIR number 76-2-009. | 
| 58 | (3)  The Department of Highway Safety and Motor Vehicles | 
| 59 | shall pay any outstanding debts and obligations of the | 
| 60 | terminated fund as soon as practicable, and the Chief Financial | 
| 61 | Officer shall close out and remove the terminated fund from the | 
| 62 | various state accounting systems using generally accepted | 
| 63 | accounting principles concerning warrants outstanding, assets, | 
| 64 | and liabilities. | 
| 65 | Section 2.  Paragraph (c) of subsection (3) of section | 
| 66 | 17.61, Florida Statutes, is amended to read: | 
| 67 | 17.61  Chief Financial Officer; powers and duties in the | 
| 68 | investment of certain funds.-- | 
| 69 | (3) | 
| 70 | (c)  Except as provided in this paragraph and except for | 
| 71 | moneys described in paragraph (d), the following agencies shall | 
| 72 | not invest trust fund moneys as provided in this section, but | 
| 73 | shall retain such moneys in their respective trust funds for | 
| 74 | investment, with interest appropriated to the General Revenue | 
| 75 | Fund, pursuant to s. 17.57: | 
| 76 | 1.  The Agency for Health Care Administration, except for | 
| 77 | the Tobacco Settlement Trust Fund. | 
| 78 | 2.  The Agency for Persons with Disabilities, except for: | 
| 79 | a.  The Federal Grants Trust Fund. | 
| 80 | b.  The Tobacco Settlement Trust Fund. | 
| 81 | 3.  The Department of Children and Family Services, except | 
| 82 | for: | 
| 83 | a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund. | 
| 84 | b.  The Social Services Block Grant Trust Fund. | 
| 85 | c.  The Tobacco Settlement Trust Fund. | 
| 86 | d.  The Working Capital Trust Fund. | 
| 87 | 4.  The Department of Community Affairs, only for the | 
| 88 | Operating Trust Fund. | 
| 89 | 5.  The Department of Corrections. | 
| 90 | 6.  The Department of Elderly Affairs, except for: | 
| 91 | a.  The Federal Grants Trust Fund. | 
| 92 | b.  The Tobacco Settlement Trust Fund. | 
| 93 | 7.  The Department of Health, except for: | 
| 94 | a.  The Federal Grants Trust Fund. | 
| 95 | b.  The Grants and Donations Trust Fund. | 
| 96 | c.  The Maternal and Child Health Block Grant Trust Fund. | 
| 97 | d.  The Tobacco Settlement Trust Fund. | 
| 98 | 8.  The Department of Highway Safety and Motor Vehicles, | 
| 99 | only for : | 
| 100 | a.  The DUI Programs Coordination Trust Fund. | 
| 101 | b.the Security Deposits Trust Fund. | 
| 102 | 9.  The Department of Juvenile Justice. | 
| 103 | 10. The Department of Law Enforcement. | 
| 104 | 11. The Department of Legal Affairs. | 
| 105 | 12. The Department of State, only for: | 
| 106 | a.  The Grants and Donations Trust Fund. | 
| 107 | b.  The Records Management Trust Fund. | 
| 108 | 13. The Executive Office of the Governor, only for: | 
| 109 | a.  The Economic Development Transportation Trust Fund. | 
| 110 | b.  The Economic Development Trust Fund. | 
| 111 | 14. The Florida Public Service Commission, only for the | 
| 112 | Florida Public Service Regulatory Trust Fund. | 
| 113 | 15.  The Justice Administrative Commission. | 
| 114 | 16.  The state courts system. | 
| 115 | Section 3.  Section 20.24, Florida Statutes, is reenacted | 
| 116 | and amended to read: | 
| 117 | 20.24  Department of Highway Safety and Motor | 
| 118 | Vehicles.--There is created a Department of Highway Safety and | 
| 119 | Motor Vehicles. | 
| 120 | (1)  The head of the Department of Highway Safety and Motor | 
| 121 | Vehicles is the Governor and Cabinet. | 
| 122 | (2)  The following divisions, and bureaus within the | 
| 123 | divisions, of the Department of Highway Safety and Motor | 
| 124 | Vehicles are established: | 
| 125 | (a)  Division of the Florida Highway Patrol. | 
| 126 | (b)  Division of Driver Licenses. | 
| 127 | (c)  Division of Motor Vehicles. | 
| 128 | 1.  Bureau of Motor Vehicle Inspection. | 
| 129 | Section 4.  Paragraphs (m) through (x) of subsection (4) of | 
| 130 | section 215.20, Florida Statutes, are amended to read: | 
| 131 | 215.20  Certain income and certain trust funds to | 
| 132 | contribute to the General Revenue Fund.-- | 
| 133 | (4)  The income of a revenue nature deposited in the | 
| 134 | following described trust funds, by whatever name designated, is | 
| 135 | that from which the appropriations authorized by subsection (3) | 
| 136 | shall be made: | 
| 137 | (m)  Within the Department of Highway Safety and Motor  | 
| 138 | Vehicles, the DUI Programs Coordination Trust Fund. | 
| 139 | (m) (n)Within the Department of Legal Affairs, the Crimes | 
| 140 | Compensation Trust Fund. | 
| 141 | (n) (o)Within the Department of Management Services: | 
| 142 | 1.  The Administrative Trust Fund. | 
| 143 | 2.  The Architects Incidental Trust Fund. | 
| 144 | 3.  The Bureau of Aircraft Trust Fund. | 
| 145 | 4.  The Florida Facilities Pool Working Capital Trust Fund. | 
| 146 | 5.  The Grants and Donations Trust Fund. | 
| 147 | 6.  The Police and Firefighters' Premium Tax Trust Fund. | 
| 148 | 7.  The Public Employees Relations Commission Trust Fund. | 
| 149 | 8.  The State Personnel System Trust Fund. | 
| 150 | 9.  The Supervision Trust Fund. | 
| 151 | 10.  The Working Capital Trust Fund. | 
| 152 | (o) (p)Within the Department of Revenue: | 
| 153 | 1.  The Additional Court Cost Clearing Trust Fund. | 
| 154 | 2.  The Administrative Trust Fund. | 
| 155 | 3.  The Certification Program Trust Fund. | 
| 156 | 4.  The Fuel Tax Collection Trust Fund. | 
| 157 | 5.  The Local Alternative Fuel User Fee Clearing Trust | 
| 158 | Fund. | 
| 159 | 6.  The Local Option Fuel Tax Trust Fund. | 
| 160 | 7.  The Motor Vehicle Rental Surcharge Clearing Trust Fund. | 
| 161 | 8.  The Motor Vehicle Warranty Trust Fund. | 
| 162 | 9.  The Oil and Gas Tax Trust Fund. | 
| 163 | 10.  The Operations Trust Fund. | 
| 164 | 11.  The Severance Tax Solid Mineral Trust Fund. | 
| 165 | 12.  The State Alternative Fuel User Fee Clearing Trust | 
| 166 | Fund. | 
| 167 | 13.  All taxes levied on motor fuels other than gasoline | 
| 168 | levied pursuant to the provisions of s. 206.87(1)(a). | 
| 169 | (p) (q)Within the Department of State: | 
| 170 | 1.  The Records Management Trust Fund. | 
| 171 | 2.  The trust funds administered by the Division of | 
| 172 | Historical Resources. | 
| 173 | (q) (r)Within the Department of Transportation, all income | 
| 174 | derived from outdoor advertising and overweight violations which | 
| 175 | is deposited in the State Transportation Trust Fund. | 
| 176 | (r) (s)Within the Department of Veterans' Affairs: | 
| 177 | 1.  The Grants and Donations Trust Fund. | 
| 178 | 2.  The Operations and Maintenance Trust Fund. | 
| 179 | 3.  The State Homes for Veterans Trust Fund. | 
| 180 | (s) (t)Within the Division of Administrative Hearings, the | 
| 181 | Administrative Trust Fund. | 
| 182 | (t) (u)Within the Fish and Wildlife Conservation | 
| 183 | Commission: | 
| 184 | 1.  The Conservation and Recreation Lands Program Trust | 
| 185 | Fund. | 
| 186 | 2.  The Florida Panther Research and Management Trust Fund. | 
| 187 | 3.  The Land Acquisition Trust Fund. | 
| 188 | 4.  The Marine Resources Conservation Trust Fund, with the | 
| 189 | exception of those fees collected for recreational saltwater | 
| 190 | fishing licenses as provided in s. 379.354. | 
| 191 | (u) (v)Within the Florida Public Service Commission, the | 
| 192 | Florida Public Service Regulatory Trust Fund. | 
| 193 | (v) (w)Within the Justice Administrative Commission, the | 
| 194 | Indigent Criminal Defense Trust Fund. | 
| 195 | (w) (x)Within the Office of Financial Regulation of the | 
| 196 | Financial Services Commission: | 
| 197 | 1.  The Administrative Trust Fund. | 
| 198 | 2.  The Anti-Fraud Trust Fund. | 
| 199 | 3.  The Financial Institutions' Regulatory Trust Fund. | 
| 200 | 4.  The Regulatory Trust Fund. | 
| 201 | 
 | 
| 202 | The enumeration of the foregoing moneys or trust funds shall not | 
| 203 | prohibit the applicability of s. 215.24 should the Governor | 
| 204 | determine that for the reasons mentioned in s. 215.24 the money | 
| 205 | or trust funds should be exempt herefrom, as it is the purpose | 
| 206 | of this law to exempt income from its force and effect when, by | 
| 207 | the operation of this law, federal matching funds or | 
| 208 | contributions or private grants to any trust fund would be lost | 
| 209 | to the state. | 
| 210 | Section 5.  Section 319.40, Florida Statutes, is amended to | 
| 211 | read: | 
| 212 | 319.40  Transactions by electronic or telephonic means.-- | 
| 213 | (1)  The department is authorized to accept any application | 
| 214 | provided for under this chapter by electronic or telephonic | 
| 215 | means. | 
| 216 | (2)  The department may issue an electronic certificate of | 
| 217 | title in lieu of printing a paper title. | 
| 218 | (3)  The department may collect and use e-mail addresses of | 
| 219 | motor vehicle owners and registrants as a notification method in | 
| 220 | lieu of the United States Postal Service. | 
| 221 | Section 6.  Section 320.95, Florida Statutes, is amended to | 
| 222 | read: | 
| 223 | 320.95  Transactions by electronic or telephonic means.-- | 
| 224 | (1)  The department is authorized to accept any application | 
| 225 | provided for under this chapter by electronic or telephonic | 
| 226 | means. | 
| 227 | (2)  The department may collect and use e-mail addresses of | 
| 228 | motor vehicle owners and registrants as a notification method in | 
| 229 | lieu of the United States Postal Service. | 
| 230 | Section 7.  Section 322.293, Florida Statutes, is amended | 
| 231 | to read: | 
| 232 | 322.293  DUI Programs Coordination Trust Fund; assessment; | 
| 233 | disposition.-- | 
| 234 | (1) TheDUI ProgramsCoordination Trust Fundshall be | 
| 235 | administered by the department, and the costs of administration | 
| 236 | shall be borne by the revenue collections provided in this | 
| 237 | section the fund. All funds received by the departmentDUI  | 
| 238 | Programs Coordination Trust Fundshall be usedsolelyfor the | 
| 239 | purposes set forth in this chapter and for the general operation | 
| 240 | of the department section and s. 322.292.However, if the  | 
| 241 | Legislature passes legislation consolidating existing trust  | 
| 242 | funds assigned to the department, all funds remaining in and  | 
| 243 | deposited to the DUI Programs Coordination Trust Fund shall be  | 
| 244 | transferred to the consolidated trust funds, subject to their  | 
| 245 | being earmarked for use solely for the purposes set forth in  | 
| 246 | this section and s. 322.292. | 
| 247 | (2)  Each DUI program shall assess $12 against each person | 
| 248 | enrolling in a DUI program at the time of enrollment, including | 
| 249 | persons who transfer to or from a program in another state. In | 
| 250 | addition, second and third offenders and those offenders under | 
| 251 | permanent driver's-license revocation who are evaluated for | 
| 252 | eligibility forlicense restrictions under s. 322.271(2) | 
| 253 | 322.271(2)(b)and (4) shall be assessed $12 upon enrollment in | 
| 254 | the program and upon each subsequent anniversary date while they | 
| 255 | are in the program, for the duration of the license period. | 
| 256 | (3)  All assessments collected under this section shall be | 
| 257 | deposited in the Highway Safety Operating forwarded to the DUI  | 
| 258 | Programs CoordinationTrust Fund within 30 days after the last | 
| 259 | day of the month in which the assessment was received. | 
| 260 | Section 8.  Section 328.30, Florida Statutes, is amended to | 
| 261 | read: | 
| 262 | 328.30  Transactions by electronic or telephonic means.-- | 
| 263 | (1)  The department is authorized to accept any application | 
| 264 | provided for under this chapter by electronic or telephonic | 
| 265 | means. | 
| 266 | (2)  The department may issue an electronic certificate of | 
| 267 | title in lieu of printing a paper title. | 
| 268 | (3)  The department may collect and use e-mail addresses of | 
| 269 | vessel owners and registrants as a notification method in lieu | 
| 270 | of the United States Postal Service. | 
| 271 | Section 9.  Section 328.80, Florida Statutes, is amended to | 
| 272 | read: | 
| 273 | 328.80  Transactions by electronic or telephonic means.-- | 
| 274 | (1)  The department commissionis authorized to accept any | 
| 275 | application provided for under this chapter by electronic or | 
| 276 | telephonic means. | 
| 277 | (2)  The department may collect and use e-mail addresses of | 
| 278 | vessel owners and registrants as a notification method in lieu | 
| 279 | of the United States Postal Service. | 
| 280 | Section 10.  (1)  Effective January 1, 2010, the Office of | 
| 281 | Motor Carrier Compliance of the Department of Transportation is | 
| 282 | hereby transferred by a type two transfer, as defined in s. | 
| 283 | 20.06(2), Florida Statutes, to the Department of Highway Safety | 
| 284 | and Motor Vehicles. The transfer includes: | 
| 285 | (a)  All statutory powers, duties, functions, records, | 
| 286 | personnel, and property of the Office of Motor Carrier | 
| 287 | Compliance within the Department of Transportation. | 
| 288 | (b)  All unexpended balances of appropriations, | 
| 289 | allocations, law enforcement trust funds, trust funds, and other | 
| 290 | funds used to fund the operations of the Office of Motor Carrier | 
| 291 | Compliance within the Department of Transportation. | 
| 292 | (c)  All existing legal authorities and actions of the | 
| 293 | Office of Motor Carrier Compliance within the Department of | 
| 294 | Transportation, including, but not limited to, all pending and | 
| 295 | completed action on orders and rules, all enforcement matters, | 
| 296 | and all delegations, interagency agreements, and contracts with | 
| 297 | federal, state, regional, and local governments and private | 
| 298 | entities. | 
| 299 | (2)  This section shall not affect the validity of any | 
| 300 | judicial or administrative action involving the Office of Motor | 
| 301 | Carrier Compliance within the Department of Transportation | 
| 302 | pending on January 1, 2010, and the Department of Highway Safety | 
| 303 | and Motor Vehicles shall be substituted as a party in interest | 
| 304 | in any such action. | 
| 305 | (3)  It is the specific intent of the Legislature that the | 
| 306 | statutory responsibility for law enforcement and motor carrier | 
| 307 | compliance in the state now vested in the Office of Motor | 
| 308 | Carrier Compliance within the Department of Transportation shall | 
| 309 | become the responsibility of the Department of Highway Safety | 
| 310 | and Motor Vehicles. | 
| 311 | (4)  It is the specific intent of the Legislature that due | 
| 312 | to duplicative functions that would be performed, eight | 
| 313 | administrative FTE's in the Office of Motor Carrier Compliance | 
| 314 | and the associated budget in the amount of $433,394 in fiscal | 
| 315 | year 2009-2010 and a recurring amount of $866,788 each year | 
| 316 | thereafter shall be eliminated upon the effective date of the | 
| 317 | transfer. | 
| 318 | Section 11.  Effective January 1, 2010, paragraph (b) of | 
| 319 | subsection (3) of section 20.23, Florida Statutes, is amended to | 
| 320 | read: | 
| 321 | 20.23  Department of Transportation.--There is created a | 
| 322 | Department of Transportation which shall be a decentralized | 
| 323 | agency. | 
| 324 | (3) | 
| 325 | (b)  The secretary may appoint positions at the level of | 
| 326 | deputy assistant secretary or director which the secretary deems | 
| 327 | necessary to accomplish the mission and goals of the department, | 
| 328 | including, but not limited to, the areas of program | 
| 329 | responsibility provided in this paragraph, each of whom shall be | 
| 330 | appointed by and serve at the pleasure of the secretary. The | 
| 331 | secretary may combine, separate, or delete offices as needed in | 
| 332 | consultation with the Executive Office of the Governor. The | 
| 333 | department's areas of program responsibility include, but are | 
| 334 | not limited to: | 
| 335 | 1.  Administration; | 
| 336 | 2.  Planning; | 
| 337 | 3.  Public transportation; | 
| 338 | 4.  Design; | 
| 339 | 5.  Highway operations; | 
| 340 | 6.  Right-of-way; | 
| 341 | 7.  Toll operations; | 
| 342 | 8.  Information systems; | 
| 343 | 9.  Motor carrier compliance; | 
| 344 | 9. 10.Management and budget; | 
| 345 | 10. 11.Comptroller; | 
| 346 | 11. 12.Construction; | 
| 347 | 12. 13.Maintenance; and | 
| 348 | 13. 14.Materials. | 
| 349 | Section 12.  Effective January 1, 2010, paragraph (m) of | 
| 350 | subsection (2) of section 110.205, Florida Statutes, is amended | 
| 351 | to read: | 
| 352 | 110.205  Career service; exemptions.-- | 
| 353 | (2)  EXEMPT POSITIONS.--The exempt positions that are not | 
| 354 | covered by this part include the following: | 
| 355 | (m)  All assistant division director, deputy division | 
| 356 | director, and bureau chief positions in any department, and | 
| 357 | those positions determined by the department to have managerial | 
| 358 | responsibilities comparable to such positions, which positions | 
| 359 | include, but are not limited to: | 
| 360 | 1.  Positions in the Department of Health and the | 
| 361 | Department of Children and Family Services that are assigned | 
| 362 | primary duties of serving as the superintendent or assistant | 
| 363 | superintendent of an institution. | 
| 364 | 2.  Positions in the Department of Corrections that are | 
| 365 | assigned primary duties of serving as the warden, assistant | 
| 366 | warden, colonel, or major of an institution or that are assigned | 
| 367 | primary duties of serving as the circuit administrator or deputy | 
| 368 | circuit administrator. | 
| 369 | 3.  Positions in the Department of Transportation that are | 
| 370 | assigned primary duties of serving as regional toll managers and | 
| 371 | managers of offices as defined in s. 20.23(3)(b) and (4)(c). ,  | 
| 372 | and | 
| 373 | 4.  Positions in the Department of Highway Safety and Motor | 
| 374 | Vehicles that are assigned primary duties of serving as captains | 
| 375 | and majors of the Office of Motor Carrier Compliance. | 
| 376 | 5. 4.Positions in the Department of Environmental | 
| 377 | Protection that are assigned the duty of an Environmental | 
| 378 | Administrator or program administrator. | 
| 379 | 6. 5.Positions in the Department of Health that are | 
| 380 | assigned the duties of Environmental Administrator, Assistant | 
| 381 | County Health Department Director, and County Health Department | 
| 382 | Financial Administrator. | 
| 383 | 
 | 
| 384 | Unless otherwise fixed by law, the department shall set the | 
| 385 | salary and benefits of the positions listed in this paragraph in | 
| 386 | accordance with the rules established for the Selected Exempt | 
| 387 | Service. | 
| 388 | Section 13.  Effective January 1, 2010, paragraph (b) of | 
| 389 | subsection (8) of section 311.12, Florida Statutes, is amended | 
| 390 | to read: | 
| 391 | 311.12  Seaport security standards; inspections; | 
| 392 | compliance; appeals.-- | 
| 393 | (8) | 
| 394 | (b)1.  The members of the Seaport Security Standards | 
| 395 | Advisory Council shall be appointed by the Governor and consist | 
| 396 | of the following: | 
| 397 | a.  Two seaport directors. | 
| 398 | b.  Two seaport security directors. | 
| 399 | c.  One designee from the Department of Law Enforcement. | 
| 400 | d.  One designee from the Office of Motor Carrier | 
| 401 | Compliance of the Department of Highway Safety and Motor | 
| 402 | Vehicles Department of Transportation. | 
| 403 | e.  One designee from the Attorney General's Office. | 
| 404 | f.  One designee from the Department of Agriculture and | 
| 405 | Consumer Services. | 
| 406 | g.  One designee from the Office of Tourism, Trade, and | 
| 407 | Economic Development. | 
| 408 | h.  One designee from the Office of Drug Control. | 
| 409 | 2.  In addition to the members designated in subparagraph | 
| 410 | 1., the council may invite a representative of the United States | 
| 411 | Coast Guard to attend and participate in council meetings as an | 
| 412 | ex officio, nonvoting member of the council. | 
| 413 | Section 14.  Effective January 1, 2010, subsections (8) | 
| 414 | through (11) of section 316.302, Florida Statutes, are | 
| 415 | renumbered as subsections (9) through (12), respectively, | 
| 416 | subsection (32) of section 334.044, Florida Statutes, is | 
| 417 | renumbered as subsection (8) of section 316.302, Florida | 
| 418 | Statutes, and paragraph (b) of subsection (4) and paragraph (a) | 
| 419 | of present subsection (8) of section 316.302, Florida Statutes, | 
| 420 | are amended, to read: | 
| 421 | 316.302  Commercial motor vehicles; safety regulations; | 
| 422 | transporters and shippers of hazardous materials; enforcement.-- | 
| 423 | (4) | 
| 424 | (b)  In addition to the penalties provided in s. | 
| 425 | 316.3025(3)(b), (c), (d), and (e), any motor carrier or any of | 
| 426 | its officers, drivers, agents, representatives, employees, or | 
| 427 | shippers of hazardous materials that do not comply with this | 
| 428 | subsection or any rule adopted by a state agency that is | 
| 429 | consistent with the federal rules and regulations regarding | 
| 430 | hazardous materials commits a misdemeanor of the first degree, | 
| 431 | punishable as provided in s. 775.082 or s. 775.083. To ensure | 
| 432 | compliance with this subsection, enforcement officers of the | 
| 433 | Office of Motor Carrier Compliance Officewithin the department | 
| 434 | of Transportationand state highway patrol officers may inspect | 
| 435 | shipping documents and cargo of any vehicle known or suspected | 
| 436 | to be a transporter of hazardous materials. | 
| 437 | (8) (32)In order to fulfill the department's mission to | 
| 438 | provide a safe and efficient transportation system, the | 
| 439 | department's Office of Motor Carrier Compliance may employ sworn | 
| 440 | law enforcement officers, certified in accordance with chapter | 
| 441 | 943, to enforce the traffic and criminal laws of this state. | 
| 442 | Such officers shall have full law enforcement powers granted to | 
| 443 | other peace officers of this state, including making arrests, | 
| 444 | carrying firearms, serving court process, and seizing vehicles | 
| 445 | defined as contraband under s. 319.33, illegal drugs, stolen | 
| 446 | property, and the proceeds of illegal activities. Officers | 
| 447 | appointed under this section have the primary responsibility for | 
| 448 | enforcing laws relating to size and weight of commercial motor | 
| 449 | vehicles; safety, traffic, tax, and registration of commercial | 
| 450 | motor vehicles; interdiction of vehicles defined as contraband | 
| 451 | under s. 319.33, illegal drugs, and stolen property; and | 
| 452 | violations that threaten the overall security and safety of | 
| 453 | Florida's transportation infrastructure and the motoring public. | 
| 454 | The office is also authorized to appoint part-time or auxiliary | 
| 455 | law enforcement officers pursuant to chapter 943 and to provide | 
| 456 | compensation in accordance with law. | 
| 457 | (9) (8)For the purpose of enforcing this section, any law | 
| 458 | enforcement officer of the Department of Transportation or duly | 
| 459 | appointed agent who holds a current safety inspector | 
| 460 | certification from the Commercial Vehicle Safety Alliance may | 
| 461 | require the driver of any commercial vehicle operated on the | 
| 462 | highways of this state to stop and submit to an inspection of | 
| 463 | the vehicle or the driver's records. If the vehicle or driver is | 
| 464 | found to be operating in an unsafe condition, or if any required | 
| 465 | part or equipment is not present or is not in proper repair or | 
| 466 | adjustment, and the continued operation would present an unduly | 
| 467 | hazardous operating condition, the officer may require the | 
| 468 | vehicle or the driver to be removed from service pursuant to the | 
| 469 | North American Standard Out-of-Service Criteria, until | 
| 470 | corrected. However, if continuous operation would not present an | 
| 471 | unduly hazardous operating condition, the officer may give | 
| 472 | written notice requiring correction of the condition within 14 | 
| 473 | days. | 
| 474 | (a)  Any member of the Florida Highway Patrol or any law | 
| 475 | enforcement officer employed by a sheriff's office or municipal | 
| 476 | police department authorized to enforce the traffic laws of this | 
| 477 | state pursuant to s. 316.640 who has reason to believe that a | 
| 478 | vehicle or driver is operating in an unsafe condition may, as | 
| 479 | provided in subsection (11) (10), enforce the provisions of this | 
| 480 | section. | 
| 481 | Section 15.  Effective January 1, 2010, subsection (1) of | 
| 482 | section 316.3026, Florida Statutes, is amended to read: | 
| 483 | 316.3026  Unlawful operation of motor carriers.-- | 
| 484 | (1)  The Office of Motor Carrier Compliance of the  | 
| 485 | Department of Transportationmay issue out-of-service orders to | 
| 486 | motor carriers, as defined in s. 320.01(33), who have after | 
| 487 | proper notice failed to pay any penalty or fine assessed by the | 
| 488 | department, or its agent, against any owner or motor carrier for | 
| 489 | violations of state law, refused to submit to a compliance | 
| 490 | review and provide records pursuant to s. 316.302(5) or s. | 
| 491 | 316.70, or violated safety regulations pursuant to s. 316.302 or | 
| 492 | insurance requirements found in s. 627.7415. Such out-of-service | 
| 493 | orders shall have the effect of prohibiting the operations of | 
| 494 | any motor vehicles owned, leased, or otherwise operated by the | 
| 495 | motor carrier upon the roadways of this state, until such time | 
| 496 | as the violations have been corrected or penalties have been | 
| 497 | paid. Out-of-service orders issued under this section must be | 
| 498 | approved by the Secretary of Transportation or his or her | 
| 499 | designee. An administrative hearing pursuant to s. 120.569 shall | 
| 500 | be afforded to motor carriers subject to such orders. | 
| 501 | Section 16.  Effective January 1, 2010, subsection (1) of | 
| 502 | section 320.18, Florida Statutes, is amended to read: | 
| 503 | 320.18  Withholding registration.-- | 
| 504 | (1)  The department may withhold the registration of any | 
| 505 | motor vehicle or mobile home the owner of which has failed to | 
| 506 | register it under the provisions of law for any previous period | 
| 507 | or periods for which it appears registration should have been | 
| 508 | made in this state, until the tax for such period or periods is | 
| 509 | paid. The department may cancel any vehicle or vessel | 
| 510 | registration, driver's license, identification card, or fuel-use | 
| 511 | tax decal if the owner pays for the vehicle or vessel | 
| 512 | registration, driver's license, identification card, or fuel-use | 
| 513 | tax decal; pays any administrative, delinquency, or | 
| 514 | reinstatement fee; or pays any tax liability, penalty, or | 
| 515 | interest specified in chapter 207 by a dishonored check, or if | 
| 516 | the vehicle owner or motor carrier has failed to pay a penalty | 
| 517 | for a weight or safety violation issued by the Office of | 
| 518 | Department of TransportationMotor Carrier ComplianceOffice. | 
| 519 | The department of Transportation and the Department of Highway  | 
| 520 | Safety and Motor Vehiclesmay impound any commercial motor | 
| 521 | vehicle that has a canceled license plate or fuel-use tax decal | 
| 522 | until the tax liability, penalty, and interest specified in | 
| 523 | chapter 207, the license tax, or the fuel-use decal fee, and | 
| 524 | applicable administrative fees have been paid for by certified | 
| 525 | funds. | 
| 526 | Section 17.  Conforming legislation.--The Legislature | 
| 527 | recognizes that there is a need to conform the Florida Statutes | 
| 528 | to the policy decisions reflected in this act and that there is | 
| 529 | a need to resolve apparent conflicts between this act and any | 
| 530 | other legislation enacted during 2009 relating to the Office of | 
| 531 | Motor Carrier Compliance, the Department of Transportation, and | 
| 532 | the Department of Highway Safety and Motor Vehicles. Therefore, | 
| 533 | in the interim between this act becoming a law and the 2010 | 
| 534 | Regular Session of the Legislature or an earlier special session | 
| 535 | addressing this issue, the Division of Statutory Revision shall, | 
| 536 | upon request, provide the relevant substantive committees of the | 
| 537 | Senate and the House of Representatives with assistance to | 
| 538 | enable such committees to prepare draft legislation to conform | 
| 539 | the Florida Statutes and any legislation enacted during 2009 to | 
| 540 | the provisions of this act. | 
| 541 | Section 18.  Except as otherwise expressly provided in this | 
| 542 | act, this act shall take effect July 1, 2009. |