CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. HB 3921, 1st Eng.

    Amendment No.    

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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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21  ================ T I T L E   A M E N D M E N T ===============

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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