CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 3921, 1st Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Harris moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 2, between lines 21 and 22,
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16 insert:
17 Section 2. Subsections (17), (18), (19), and (20) are
18 added to section 320.02, Florida Statutes, to read:
19 320.02 Registration required; application for
20 registration; forms.--
21 (17) The application form for motor vehicle
22 registration and renewal of registration must include language
23 permitting a voluntary contribution to the Florida Mothers
24 Against Drunk Driving, Inc., which contribution must be
25 transferred by the department to the Florida Mothers Against
26 Drunk Driving, Inc., on a monthly basis.
27 (18) All organizational recipients of any voluntary
28 contributions in excess of $15,000 authorized in this section,
29 not otherwise subject to annual audit by the Office of the
30 Auditor General, must submit an annual audit of the
31 expenditures of voluntary contributions and interest earned
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SENATE AMENDMENT
Bill No. HB 3921, 1st Eng.
Amendment No.
1 from these moneys, to determine if expenditures are being made
2 in accordance with any specifications outlined by law. The
3 audit must be prepared by a certified public accountant
4 licensed under chapter 473 at that organizational recipient's
5 expense. The audits must be delivered to the department no
6 later than December 31 of the calendar year in which the audit
7 was performed. Any voluntary contributions authorized by this
8 section shall only be distributed to an organization pursuant
9 to an appropriation by the Legislature.
10 (19) By February 1 of each year, the department shall
11 determine which recipients of voluntary contributions have not
12 complied with subsection (18). If the department determines
13 that an organization has not complied with subjection (18) or
14 has failed to use the revenues in accordance with any
15 specifications outlined by law, the department may discontinue
16 the distribution of the contributions to the organization
17 until the department determines that the organization is
18 complying with those provisions.
19 (20) The Auditor General has the authority to examine
20 all records pertaining to the use of funds collected and
21 distributed pursuant to the provisions of this section.
22 Section 3. Section 320.023, Florida Statutes, is
23 created to read:
24 320.023 Requests to establish voluntary check off on
25 motor vehicle registration or driver's license renewal.--
26 (1) An organization that seeks authorization to
27 establish a voluntary contribution on a motor vehicle
28 registration or driver's license renewal must submit to the
29 department:
30 (a) A request for the particular voluntary
31 contribution being sought, describing the proposed voluntary
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SENATE AMENDMENT
Bill No. HB 3921, 1st Eng.
Amendment No.
1 contribution in general terms.
2 (b) An application fee, not to exceed $10,000 to
3 defray the department's cost for reviewing the application and
4 developing the voluntary contribution checkoff, if authorized.
5 State funds may not be used to pay the application fee.
6 (c) A marketing strategy outlining short-term and
7 long-term marketing plans for the requested voluntary
8 contribution and a financial analysis outlining the
9 anticipated revenues and the planned expenditures of the
10 revenues to be derived from the voluntary contribution.
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12 The information required under this subsection must be
13 submitted to the department at least 90 days before the
14 convening of the next regular session of the Legislature.
15 (2) If the voluntary contribution is not approved by
16 the Legislature, the application fee must be refunded to the
17 requesting organization.
18 (3) The department must include any voluntary
19 contributions approved by the Legislature on the driver's
20 license or motor vehicle registration form when the form is
21 reprinted by the agency.
22 (4)(a) The department must discontinue the voluntary
23 contribution if:
24 1. Less than $25,000 has been contributed by the end
25 of the 5th year.
26 2. Less than $25,000 is contributed during any
27 subsequent 5-year period.
28 (b) The department is authorized to discontinue the
29 voluntary contribution and distribution of associated proceeds
30 if the organization no longer exists, if the organization has
31 stopped providing services that are authorized to be funded
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SENATE AMENDMENT
Bill No. HB 3921, 1st Eng.
Amendment No.
1 from the voluntary contributions, or pursuant to an
2 organizational recipient's request.
3 (5) A voluntary contribution collected and distributed
4 under this chapter, or any interest earned from those
5 contributions, may not be used for commercial or for-profit
6 activities nor for general or administrative expenses, except
7 as authorized by law, or to pay the cost of the audit or
8 report required by law.
9 (a) All organizations that receive annual use fee
10 proceeds from the department are responsible for ensuring that
11 proceeds are used in accordance with law.
12 (b) All organizational recipients of any voluntary
13 contributions in excess of $15,000, not otherwise subject to
14 annual audit by the Office of the Auditor General, shall
15 submit an annual audit of the expenditures of these
16 contributions and interest earned from these contributions, to
17 determine if expenditures are being made in accordance with
18 the specifications outlined by law. The audit shall be
19 prepared by a certified public accountant licensed under
20 chapter 473 at that organizational recipient's expense. The
21 notes to the financial statements should state whether
22 expenditures were made in accordance with law. Such audits
23 must be delivered to the department no later than December 31
24 of the calendar year in which the audit was performed.
25 (c) In lieu of an annual audit, any organization
26 receiving less than $15,000 in voluntary contributions
27 directly from the department may annually report, under
28 penalties of perjury, that such proceeds were used in
29 compliance with law. The attestation shall be made annually in
30 a form and format determined by the department.
31 (d) Any voluntary contributions authorized by law
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SENATE AMENDMENT
Bill No. HB 3921, 1st Eng.
Amendment No.
1 shall only be distributed to an organization under an
2 appropriation by the Legislature.
3 (6) By February 1 each year, the department shall
4 determine which recipients have not complied with subsection
5 (5). If the department determines that an organization has
6 not complied or has failed to use the revenues in accordance
7 with law, the department must discontinue the distribution of
8 the revenues to the organization until the department
9 determines that the organization has complied. If an
10 organization fails to comply within 12 months after the
11 voluntary contributions are withheld by the department, the
12 proceeds shall be deposited into the Highway Safety Operating
13 Trust Fund to offset department costs.
14 (7) The Auditor General and the department have the
15 authority to examine all records pertaining to the use of
16 funds from the voluntary contributions authorized.
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18 (Redesignate subsequent sections.)
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22 And the title is amended as follows:
23 On page 1, lines 2-6, delete those lines
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25 and insert:
26 An act relating to motor vehicles; amending s.
27 322.21, F.S.; revising language with respect to
28 drivers' license fees for the renewal of
29 certain Class D or Class E licenses; amending
30 s. 320.02, F.S.; providing that the form for
31 motor vehicle registration and renewal must
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SENATE AMENDMENT
Bill No. HB 3921, 1st Eng.
Amendment No.
1 include language permitting a voluntary
2 contribution to the Florida Mothers Against
3 Drunk Driving, Inc.; providing for the
4 distribution of such contributions; providing
5 for an annual audit; providing for the
6 discontinuance of distributions of funds for
7 noncompliance with auditing requirements;
8 authorizing the Auditor General to examine the
9 distribution and collection of funds; creating
10 s. 320.023, F.S.; revising language with
11 respect to requirements for requests to
12 establish voluntary contributions; providing
13 criteria for the discontinuance of the issuance
14 of an approved voluntary contribution;
15 requiring an annual audit or report; providing
16 criteria for discontinuing a voluntary
17 contribution; providing an effective date.
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