2
s. 334.35 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 335.166 4. Establish residential and nonresidential centers throughout the state directly or indirectly through non- profit corporations or other appropriate entities to accomplish the missions and objectives of the corps. 5. Establish work programs as specified herein that provide meaningful work and educational experience. 6. Provide, in cooperation with the Department of Education, an educational program, using existing edu- cational resources where feasible, which assures that all corpsmembers, crew leaders, and corpsmember spe- cialists have an opportunity to enhance their basic skills, employability skills, and vocational competence. The program shall include at least the following components: a. Procedures for the provision of basic skills instruction for corpsmembers, crew leaders, and corpsmember specialists who demonstrate basic skills deficiencies. b. Procedures for the provision of secondary edu- cation courses for high school credit for students study- ing to receive a high school diploma or its equivalent. c. Procedures tor the award of vocational credit toward the receipt of a certificate career education pro- gram certificate tor vocational competencies demon- strated by corpsmembers, crew leaders, and corpsmember specialists, during the performance of corps activities. d. Procedures tor the provision of employability- skills training to assist corpsmembers, crew leaders, and corpsmember specialists in finding gainful employ- ment after leaving the corps. The work of the corps shall be structured to accommo- date the educational component without significantly reducing the productivity of the corps. 7. Adopt, by rule, a corpsmember code of conduct, corpsmember grievance procedures, and search and seizure guidelines. 8. Provide basic medical care to those members of the corps housed in a residential center. 9. Report. on or before July 1 of each year, to the Governor and Legislature on the significant activities of the corps in accomplishing its objectives, including the cost-effectiveness of projects completed. (b) In addition to the duties and powers specified in paragraph (a), the department may: 1. Authorize the use of the corps to respond to emergencies, such as fires, floods, hurricanes, and other natural disasters; to assist in the rescue of lost or injured persons or animals; and to assist with any other emergency response activity or project. Participation in emergency response projects by corpsmembers shall be voluntary. 2. Execute contracts for furnishing the services of the corps to any federal, state, or local public agency or private organization or person. 3. Apply for and accept grants or contributions of funds from any public or private source. 4. Purchase, rent. or otherwise acquire or obtain necessary property, both real and personal, supplies, instruments, tools, equipment, and conveniences. 5. Utilize any service, material, or property of any agency of the state and make such agreements with any agency of the state as are deemed reasonable and nec- essary. 6. Require reimbursement by the Federal Govern- ment, any state or local public agency, or any private organization or person for actual expenses incurred by the corps tor any project undertaken, including a propor- tionate share of the cost of administering the program. 7. Contract with public or private not-for-profit agencies to administer residential or nonresidential pro- grams. The public or private not-for-profit agency shall submit a proposal as specified by rule which demon- strates that its program is consistent with this act. (5) MEMBERSHIP; DUTIES.- (a) All persons between the ages of 16 and 20 years, inclusive, who are citizens or lawful permanent residents of the United States and residents of this state and who have not been convicted of a felony as defined in s. 775.08 shall be eligible to apply for membership in the Florida Youth Conservation Corps. (b) Membership in the Florida Youth Conservation Corps shall consist of three classes: Corpsmember, crew leader, and corpsmember specialist. 1. Corpsmembers shall agree to serve in the corps for not less than 3 months and may serve as corpsmembers for a period not to exceed 1 year. Crew leaders and corpsmember specialists may remain mem- bers of the corps for a period not to exceed 2 years. 2. Corpsmembers, crew leaders, and corps- member specialists shall not be considered employees of the state. 3. Corpsmembers, crew leaders, and corps- member specialists may perform any of the work experi- ences set forth in subsection (4). Additionally, activities of corpsmembers, crew leaders, and corpsmember spe- cialists may include education, training, and work to achieve and sustain self-sufficiency, which may include attendance at classes, maintenance of corps residential centers, and performance of horticultural work. (6) RULES.-The department is authorized to pro- mulgate such rules as are necessary to carry out the pro- visions of this section. Hlstory.-s. 18, ch. 96-423. CHAPTER 335 STATE HIGHWAY SYSTEM 335.166 Welcome Centers Office. 335.166 Welcome Centers Office.- (1) The Welcome Centers Office is assigned to the Department of Transportation for administrative and fis- cal accountability purposes, but it shall otherwise func- tion independently of the control, supervision, and direc- tion of the Department of Transportation. (2) The Florida Commission on Tourism shall provide direction tor the administration of the Welcome Centers Office and direction for the operation of the welcome centers. Funding for the office shall be solely from the rental car surcharge provided to the Tourism Promo- tional Trust Fund pursuant to s. 212.0606(2), through a nonoperating transfer to the State Transportation Trust 1049

s. 334.35 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 335 · 2017-10-01 · s. 334.35 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s.335.166 4. Establish residential and nonresidential

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Page 1: s. 334.35 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 335 · 2017-10-01 · s. 334.35 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s.335.166 4. Establish residential and nonresidential

s. 334.35 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 335.166

4. Establish residential and nonresidential centers throughout the state directly or indirectly through non­profit corporations or other appropriate entities to accomplish the missions and objectives of the corps.

5. Establish work programs as specified herein that provide meaningful work and educational experience.

6. Provide, in cooperation with the Department of Education, an educational program, using existing edu­cational resources where feasible, which assures that all corpsmembers, crew leaders, and corpsmember spe­cialists have an opportunity to enhance their basic skills, employability skills, and vocational competence. The program shall include at least the following components:

a. Procedures for the provision of basic skills instruction for corpsmembers, crew leaders, and corpsmember specialists who demonstrate basic skills deficiencies.

b. Procedures for the provision of secondary edu­cation courses for high school credit for students study­ing to receive a high school diploma or its equivalent.

c. Procedures tor the award of vocational credit toward the receipt of a certificate career education pro­gram certificate tor vocational competencies demon­strated by corpsmembers, crew leaders, and corpsmember specialists, during the performance of corps activities.

d. Procedures tor the provision of employability­skills training to assist corpsmembers, crew leaders, and corpsmember specialists in finding gainful employ­ment after leaving the corps.

The work of the corps shall be structured to accommo­date the educational component without significantly reducing the productivity of the corps.

7. Adopt, by rule, a corpsmember code of conduct, corpsmember grievance procedures, and search and seizure guidelines.

8. Provide basic medical care to those members of the corps housed in a residential center.

9. Report. on or before July 1 of each year, to the Governor and Legislature on the significant activities of the corps in accomplishing its objectives, including the cost-effectiveness of projects completed.

(b) In addition to the duties and powers specified in paragraph (a), the department may:

1. Authorize the use of the corps to respond to emergencies, such as fires, floods, hurricanes, and other natural disasters; to assist in the rescue of lost or injured persons or animals; and to assist with any other emergency response activity or project. Participation in emergency response projects by corpsmembers shall be voluntary.

2. Execute contracts for furnishing the services of the corps to any federal, state, or local public agency or private organization or person.

3. Apply for and accept grants or contributions of funds from any public or private source.

4. Purchase, rent. or otherwise acquire or obtain necessary property, both real and personal, supplies, instruments, tools, equipment, and conveniences.

5. Utilize any service, material, or property of any agency of the state and make such agreements with any agency of the state as are deemed reasonable and nec­essary.

6. Require reimbursement by the Federal Govern­ment, any state or local public agency, or any private organization or person for actual expenses incurred by the corps tor any project undertaken, including a propor­tionate share of the cost of administering the program.

7. Contract with public or private not-for-profit agencies to administer residential or nonresidential pro­grams. The public or private not-for-profit agency shall submit a proposal as specified by rule which demon­strates that its program is consistent with this act.

(5) MEMBERSHIP; DUTIES.-(a) All persons between the ages of 16 and 20 years,

inclusive, who are citizens or lawful permanent residents of the United States and residents of this state and who have not been convicted of a felony as defined in s. 775.08 shall be eligible to apply for membership in the Florida Youth Conservation Corps.

(b) Membership in the Florida Youth Conservation Corps shall consist of three classes: Corpsmember, crew leader, and corpsmember specialist.

1. Corpsmembers shall agree to serve in the corps for not less than 3 months and may serve as corpsmembers for a period not to exceed 1 year. Crew leaders and corpsmember specialists may remain mem­bers of the corps for a period not to exceed 2 years.

2. Corpsmembers, crew leaders, and corps-member specialists shall not be considered employees of the state.

3. Corpsmembers, crew leaders, and corps-member specialists may perform any of the work experi­ences set forth in subsection (4). Additionally, activities of corpsmembers, crew leaders, and corpsmember spe­cialists may include education, training, and work to achieve and sustain self-sufficiency, which may include attendance at classes, maintenance of corps residential centers, and performance of horticultural work.

(6) RULES.-The department is authorized to pro­mulgate such rules as are necessary to carry out the pro­visions of this section.

Hlstory.-s. 18, ch. 96-423.

CHAPTER 335

STATE HIGHWAY SYSTEM

335.166 Welcome Centers Office.

335.166 Welcome Centers Office.-(1) The Welcome Centers Office is assigned to the

Department of Transportation for administrative and fis­cal accountability purposes, but it shall otherwise func­tion independently of the control, supervision, and direc­tion of the Department of Transportation.

(2) The Florida Commission on Tourism shall provide direction tor the administration of the Welcome Centers Office and direction for the operation of the welcome centers. Funding for the office shall be solely from the rental car surcharge provided to the Tourism Promo­tional Trust Fund pursuant to s. 212.0606(2), through a nonoperating transfer to the State Transportation Trust

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Page 2: s. 334.35 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 335 · 2017-10-01 · s. 334.35 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s.335.166 4. Establish residential and nonresidential

s. 335.166 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 336.021

Fund or contract with the commission or the commis­sion's direct-support organization.

History.-s. 4, en. 96-320.

CHAPTER 336

COUNTY ROAD SYSTEM

336.021 County transportation system; levy of ninth­cent fuel tax on motor fuel and diesel fuel.

336.025 County transportation system; levy of local option fuel tax on motor fuel and diesel fuel.

336.021 County transportation system; levy of ninth-cent fuel tax on motor fuel and diesel fuel.-

( 1 )(a) Any county in the state, by extraordinary vote of the membership of its governing body or subject to a referendum, may levy the tax imposed by ss. 206.41(1)(d) and 206.87(1){b) for the purpose of paying the costs and expenses of establishing, operating, and maintaining a transportation system and related facili­ties and the cost of acquisition, construction, recon­struction, and maintenance of roads and streets.

(b) The governing body of the county may, by joint agreement with one or more of the municipalities located therein, provide for the transportation purposes authorized under paragraph (a) and the distribution of the proceeds of this tax within both the unincorporated and incorporated areas of the county. The provisions for refund provided in ss. 206.625 and 206.64 shall not be applicable to such tax levied by any county.

(c) Local option taxes collected on sales or use of diesel fuel in this state shall be distributed in the follow­ing manner:

1. The fiscal year of July 1, 1995, through June 30, 1996, shall be the base year for all distributions.

2. Each year the tax collected on the number of gal-lons reported, up to the total number of gallons reported in the base year, shall be distributed to each county using the distribution percentage calculated for the base year.

3. Additional gallons reported shalt be distributed using a formula, the numerator of which shall be the number of truck stops located in the county, and the denominator of which shall be the number of truck stops located within the state. For the purposes of this sec­tion, a "truck stop" is any retail dealer registered pursu­ant to chapter 21 2, excluding marinas, that has declared its primary fuel business to be the sale of diesel fuel.

(d) The tax on motor fuel shall be dist ributed monthly by the department to the county reported by the terminal suppliers and importers for retail sale or use. The tax on diesel fuel shall be distributed monthly by the department to each county as provided in para­graph (c).

(2)1(a) The tax collected by the department pursuant to subsection (1) shall be transferred to the Ninth-cent Fuel Tax Trust Fund, which fund is created for distribu­tion to the counties pursuant to paragraph (1 )(d). The department has the authority to prescribe and publish all forms upon which reports shall be made to it and other forms and records deemed to be necessary for

proper administration and collection of the tax levied by any county and shall adopt rules necessary to enforce this section, which rules shall have the full force and effect of law. The provisions of ss. 206.026, 206.027, 206.028, 206.051, 206.052, 206.054, 206.055, 206.06, 206.07, 206.075, 206.08, 206.09, 206.095, 206.10, 206.11, 206.12, 206.13, 206.14, 206.15, 206.16, 206.17, 206.175, 206.18, 206.1 99, 206.20, 206.204, 206.205, 206.21, 206.215, 206.22, 206.24, 206.27, 206.28, 206.41, 206.416, 206.44 , 206.48, 206.49, 206.56, 206.59, 206.626, 206.87, 206.872, 206.873, 206.8735, 206.874, 206.87 41, 206.8745, 206.94, and 206.945 shall , as far as practicable, be applicable to the levy and collection of the tax imposed pursuant to this section as if fully set out in this section.

(b) The provisions of s. 206.43(7) shall apply to the incorrect reporting of the tax levied under this section.

(3) It is expressly recognized and declared by the Legislature that the establishment, operation, and main­tenance of a transportation system and related facilities and the acquisit ion, construction, reconstruction, and maintenance of roads and streets fulfill a public purpose and that payment of the costs and expenses therefor may be made from county general funds, special taxing district funds, or such other funds as may be authorized by special or general law. Counties are authorized to expend the funds received under this section in con­junction with the state or federal government in joint projects.

(4)(a) A certified copy of the ordinance proposing to levy the tax pursuant to referendum shall be furnished by the county to the department within 10 days after approval of such ordinance. Furthermore, the county levying the tax pursuant to referendum shall notify the department within 10 days after the passage of the ref­erendum of such passage and of the time period during which the tax will be levied. The failure to furnish the cer­tified copy will not invalidate the passage of the ordi­nance.

(b) A county levying the tax pursuant to ordinance shall notify the department within 10 days after the gov­erning body of the county adopts the ordinance and, at the same time, furnish the department with a certified copy of the ordinance.

(5) The tax shall be imposed before November 1, 1993, to be effective January 1, 1994, and before July 1 of each year thereafter to be effective January 1 of the following year. No decision to rescind the tax shall take effect until at least 60 days after the county notifies the department of such decision.

(6) Notwithstanding any other provision of this sec­tion, the tax authorized pursuant to this section shall be levied in every county at the rate of 1 cent per gallon of diesel fuel beginning January 1, 1994.

History.- ss. 1. 2, 3, ch. 72- 384; s. 1, ch. 77- 390: s. 1, en. 80-397; s. 1, ch. 82--40; s. 54. ch. 83-J; s. 12, ch. 83- 137; s. 122. ch. 85- 342; s. 33, ch. 86-152: s. 70. ch. 87- 99; s. 1, cti. 90- 351; s. 8. ch . 92- 184: s. 3. ch. 92- 309; s . 47, ch. 93- 206; s . 7, ch. 94-146; s. 959, ch. 95- 148; ss. 116, 117, ch. 95- 417: s. 24, ch. 96-323; ss. 16, 17, ch. 96-397. •Note.-Section 17, ch. 96-397, amended lhe section catchline and paragraph (a)

of subsection (2), as amended bys. 7, ch. 94-146, as amended by s. 117, ch. 95-417, effective July 1. 1999. to read:

336.021 County transponalion system; levy of ninth-cent fuel lax on motor fuel and diesel fuel. -

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