Narrative Opinion Summary
The Florida Rules of Practice and Procedure for Traffic Courts have been updated with the inclusion of Rule 6.115, effective July 1, 1981, establishing the DWI School Coordination Trust Fund. This rule mandates that certified DWI schools remit a $3 assessment collected from individuals convicted under certain DUI-related statutes to the Supreme Court Marshal on a monthly basis. These remittances must be received by the seventh working day of the following month. The schools must maintain detailed records in compliance with Supreme Court procedures, which are subject to audit. While federal military personnel and dependents are included in this assessment, individuals transferring between states are exempt. The collected funds are allocated to support the operational expenses of the DWI Schools Coordinator's Office, including staff salaries and program initiatives, with the potential for schools to request fee adjustments. The DWI Schools Coordinator is designated as the administrator of the trust fund, with the Supreme Court imposing reasonable administrative costs on the fund. DWI schools must bear any costs incurred from adhering to these regulations.
Legal Issues Addressed
Assessment Collection Obligationsubscribe to see similar legal issues
Application: A $3 assessment must be collected from individuals convicted under specific statutes at enrollment, with some exceptions.
Reasoning: Each DWI school must collect a $3 assessment from individuals convicted under specific statutes (Section 316.193 or 860.01) at enrollment.
Cost Responsibility for Compliancesubscribe to see similar legal issues
Application: DWI schools are responsible for any costs resulting from compliance with these requirements.
Reasoning: DWI schools bear any costs resulting from compliance with these requirements.
Establishment of DWI School Coordination Trust Fundsubscribe to see similar legal issues
Application: The rule creates a trust fund to manage assessments collected from DWI schools for operational expenses.
Reasoning: The Florida Rules of Practice and Procedure for Traffic Courts have been amended to include Rule 6.115, effective July 1, 1981, establishing the DWI School Coordination Trust Fund.
Fund Utilization and Administrationsubscribe to see similar legal issues
Application: Collected funds are used to support the operational expenses of the DWI Schools Coordinator's Office, with administrative costs imposed by the Supreme Court.
Reasoning: Collected funds will support the DWI Schools Coordinator's Office for operational expenses, including staff salaries, travel, and program funding for various initiatives.
Monthly Remittance Requirementsubscribe to see similar legal issues
Application: DWI schools are required to remit collected assessments monthly to the Supreme Court Marshal.
Reasoning: Each DWI school must remit monthly assessments collected per Section 316.665, Florida Statutes, to the Marshal of the Supreme Court using a designated form.
Record Keeping and Auditsubscribe to see similar legal issues
Application: DWI schools must maintain records according to Supreme Court procedures, which are subject to audit.
Reasoning: Certified DWI schools are required to maintain records and accounts according to Supreme Court procedures, which will be subject to audit.
Remittance Deadline Compliancesubscribe to see similar legal issues
Application: Schools must ensure monthly remittances are received by the seventh working day of the following month.
Reasoning: Monthly remittances must be received by the Supreme Court by the seventh working day of the following month, accompanied by the proper remittance form.