House Bill 3413c1

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    Florida House of Representatives - 1998             CS/HB 3413

        By the Committee on Transportation and Representatives
    Ogles, Fasano, Merchant and Heyman





  1                      A bill to be entitled

  2         An act relating to motor vehicle registration;

  3         amending s. 320.02, F.S.; providing that the

  4         form for motor vehicle registration and renewal

  5         must include language permitting a voluntary

  6         contribution to the Florida Mothers Against

  7         Drunk Driving, Inc.; providing for the

  8         distribution of such contributions; providing

  9         for an annual audit; providing for the

10         discontinuance of distributions of funds for

11         noncompliance with auditing requirements;

12         authorizing the Auditor General to examine the

13         distribution and collection of funds; creating

14         s. 320.023, F.S.; revising language with

15         respect to requirements for requests to

16         establish voluntary contributions; providing

17         criteria for the discontinuance of the issuance

18         of an approved voluntary contribution;

19         requiring an annual audit or report; providing

20         criteria for discontinuing a voluntary

21         contribution; providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Subsections (17), (18), (19), and (20) are

26  added to section 320.02, Florida Statutes, to read:

27         320.02  Registration required; application for

28  registration; forms.--

29         (17)  The application form for motor vehicle

30  registration and renewal of registration must include language

31  permitting a voluntary contribution to the Florida Mothers

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    Florida House of Representatives - 1998             CS/HB 3413

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  1  Against Drunk Driving, Inc., which contribution must be

  2  transferred by the department to the Florida Mothers Against

  3  Drunk Driving, Inc., on a monthly basis.

  4         (18)  All organizational recipients of any voluntary

  5  contributions in excess of $15,000 authorized in this section,

  6  not otherwise subject to annual audit by the Office of the

  7  Auditor General, must submit an annual audit of the

  8  expenditures of voluntary contributions and interest earned

  9  from these moneys, to determine if expenditures are being made

10  in accordance with any specifications outlined by law. The

11  audit must be prepared by a certified public accountant

12  licensed under chapter 473 at that organizational recipient's

13  expense. The audits must be delivered to the department no

14  later than December 31 of the calendar year in which the audit

15  was performed. Any voluntary contributions authorized by this

16  section shall only be distributed to an organization pursuant

17  to an appropriation by the Legislature.

18         (19)  By February 1 of each year, the department shall

19  determine which recipients of voluntary contributions have not

20  complied with subsection (18). If the department determines

21  that an organization has not complied with subjection (18) or

22  has failed to use the revenues in accordance with any

23  specifications outlined by law, the department may discontinue

24  the distribution of the contributions to the organization

25  until the department determines that the organization is

26  complying with those provisions.

27         (20)  The Auditor General has the authority to examine

28  all records pertaining to the use of funds collected and

29  distributed pursuant to the provisions of this section.

30         Section 2.  Section 320.023, Florida Statutes, is

31  created to read:

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    Florida House of Representatives - 1998             CS/HB 3413

    198-302-98






  1         320.023  Requests to establish voluntary check off on

  2  motor vehicle registration or driver's license renewal.--

  3         (1)  An organization that seeks authorization to

  4  establish a voluntary contribution on a motor vehicle

  5  registration or driver's license renewal must submit to the

  6  department:

  7         (a)  A request for the particular voluntary

  8  contribution being sought, describing the proposed voluntary

  9  contribution in general terms.

10         (b)  An application fee, not to exceed $10,000 to

11  defray the department's cost for reviewing the application and

12  developing the voluntary contribution checkoff, if authorized.

13  State funds may not be used to pay the application fee.

14         (c)  A marketing strategy outlining short-term and

15  long-term marketing plans for the requested voluntary

16  contribution and a financial analysis outlining the

17  anticipated revenues and the planned expenditures of the

18  revenues to be derived from the voluntary contribution.

19

20  The information required under this subsection must be

21  submitted to the department at least 90 days before the

22  convening of the next regular session of the Legislature.

23         (2)  If the voluntary contribution is not approved by

24  the Legislature, the application fee must be refunded to the

25  requesting organization.

26         (3)  The department must include any voluntary

27  contributions approved by the Legislature on the driver's

28  license or motor vehicle registration form when the form is

29  reprinted by the agency.

30         (4)(a)  The department must discontinue the voluntary

31  contribution if:

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    Florida House of Representatives - 1998             CS/HB 3413

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  1         1.  Less than $25,000 has been contributed by the end

  2  of the 5th year.

  3         2.  Less than $25,000 is contributed during any

  4  subsequent 5-year period.

  5         (b)  The department is authorized to discontinue the

  6  voluntary contribution and distribution of associated proceeds

  7  if the organization no longer exists, if the organization has

  8  stopped providing services that are authorized to be funded

  9  from the voluntary contributions, or pursuant to an

10  organizational recipient's request.

11         (5)  A voluntary contribution collected and distributed

12  under this chapter, or any interest earned from those

13  contributions, may not be used for commercial or for-profit

14  activities nor for general or administrative expenses, except

15  as authorized by law, or to pay the cost of the audit or

16  report required by law.

17         (a)  All organizations that receive annual use fee

18  proceeds from the department are responsible for ensuring that

19  proceeds are used in accordance with law.

20         (b)  All organizational recipients of any voluntary

21  contributions in excess of $15,000, not otherwise subject to

22  annual audit by the Office of the Auditor General, shall

23  submit an annual audit of the expenditures of these

24  contributions and interest earned from these contributions, to

25  determine if expenditures are being made in accordance with

26  the specifications outlined by law. The audit shall be

27  prepared by a certified public accountant licensed under

28  chapter 473 at that organizational recipient's expense. The

29  notes to the financial statements should state whether

30  expenditures were made in accordance with law. Such audits

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    Florida House of Representatives - 1998             CS/HB 3413

    198-302-98






  1  must be delivered to the department no later than December 31

  2  of the calendar year in which the audit was performed.

  3         (c)  In lieu of an annual audit, any organization

  4  receiving less than $15,000 in voluntary contributions

  5  directly from the department may annually report, under

  6  penalties of perjury, that such proceeds were used in

  7  compliance with law. The attestation shall be made annually in

  8  a form and format determined by the department.

  9         (d)  Any voluntary contributions authorized by law

10  shall only be distributed to an organization under an

11  appropriation by the Legislature.

12         (6)  By February 1 each year, the department shall

13  determine which recipients have not complied with subsection

14  (5).  If the department determines that an organization has

15  not complied or has failed to use the revenues in accordance

16  with law, the department must discontinue the distribution of

17  the revenues to the organization until the department

18  determines that the organization has complied. If an

19  organization fails to comply within 12 months after the

20  voluntary contributions are withheld by the department, the

21  proceeds shall be deposited into the Highway Safety Operating

22  Trust Fund to offset department costs.

23         (7)  The Auditor General and the department have the

24  authority to examine all records pertaining to the use of

25  funds from the voluntary contributions authorized.

26         Section 3.  This act shall take effect on July 1 of the

27  year in which enacted.

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