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. Subsection (17) is added to section 320.02,
18 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 Section 3. Section 320.023, Florida Statutes, is
28 created to read:
29 320.023 Requests to establish voluntary checkoff on
30 motor vehicle registration or driver's license renewal.--
31 (1) An organization that seeks authorization to
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SENATE AMENDMENT
Bill No. HB 3921, 1st Eng.
Amendment No.
1 establish a voluntary contribution on a motor vehicle
2 registration application must submit to the department:
3 (a) A request for the particular voluntary
4 contribution being sought, describing the proposed voluntary
5 contribution in general terms.
6 (b) An application fee, not to exceed $10,000 to
7 defray the department's cost for reviewing the application and
8 developing the voluntary contribution checkoff, if authorized.
9 State funds may not be used to pay the application fee.
10 (c) A marketing strategy outlining short-term and
11 long-term marketing plans for the requested voluntary
12 contribution and a financial analysis outlining the
13 anticipated revenues and the planned expenditures of the
14 revenues to be derived from the voluntary contribution.
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16 The information required under this subsection must be
17 submitted to the department at least 90 days before the
18 convening of the next regular session of the Legislature.
19 (2) If the voluntary contribution is not approved by
20 the Legislature, the application fee must be refunded to the
21 requesting organization.
22 (3) The department must include any voluntary
23 contributions approved by the Legislature on the motor vehicle
24 application form when the form is reprinted by the agency.
25 (4)(a) The department must discontinue the voluntary
26 contribution if:
27 1. Less than $25,000 has been contributed by the end
28 of the 5th year.
29 2. Less than $25,000 is contributed during any
30 subsequent 5-year period.
31 (b) The department is authorized to discontinue the
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SENATE AMENDMENT
Bill No. HB 3921, 1st Eng.
Amendment No.
1 voluntary contribution and distribution of associated proceeds
2 if the organization no longer exists, if the organization has
3 stopped providing services that are authorized to be funded
4 from the voluntary contributions, or upon the recipient
5 organization's request.
6 (5) A voluntary contribution collected and distributed
7 under this chapter, or any interest earned from those
8 contributions, may not be used for commercial or for-profit
9 activities nor for general or administrative expenses, except
10 as authorized by law, or to pay the cost of the audit or
11 report required by law.
12 (a) All organizations that receive annual use-fee
13 proceeds from the department are responsible for ensuring that
14 proceeds are used in accordance with law.
15 (b) All organizations that receive any voluntary
16 contributions in excess of $15,000, not otherwise subject to
17 annual audit by the Office of the Auditor General, shall
18 submit an annual audit of the expenditures of these
19 contributions and interest earned from these contributions, to
20 determine whether expenditures are being made in accordance
21 with the specifications outlined by law. The audit shall be
22 prepared by a certified public accountant licensed under
23 chapter 473 at that recipient organization's expense. The
24 notes to the financial statements should state whether
25 expenditures were made in accordance with law. Such audits
26 must be delivered to the department by December 31 of the
27 calendar year in which the audit was performed.
28 (c) In lieu of an annual audit, any organization
29 receiving less than $15,000 in voluntary contributions
30 directly from the department may annually report, under
31 penalties of perjury, that such proceeds were used in
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SENATE AMENDMENT
Bill No. HB 3921, 1st Eng.
Amendment No.
1 compliance with law. The attestation shall be made annually in
2 a form and format determined by the department.
3 (d) Any voluntary contributions authorized by law
4 shall be distributed to an organization only under an
5 appropriation by the Legislature.
6 (6) By February 1 each year, the department shall
7 determine which recipients have not complied with subsection
8 (5). If the department determines that an organization has
9 not complied or has failed to use the revenues in accordance
10 with law, the department must discontinue the distribution of
11 the revenues to the organization until the department
12 determines that the organization has complied. If an
13 organization fails to comply within 12 months after the
14 voluntary contributions are withheld by the department, the
15 proceeds shall be deposited into the Highway Safety Operating
16 Trust Fund to offset the department's costs.
17 (7) The Auditor General and the department have the
18 authority to examine all records pertaining to the use of
19 funds from the voluntary contributions authorized.
20 Section 4. Section 322.081, Florida Statutes, is
21 created to read:
22 322.081 Requests to establish voluntary checkoff on
23 driver's license application.--
24 (1) An organization that seeks authorization to
25 establish a voluntary contribution on a driver's license
26 application must submit to the department:
27 (a) A request for the particular voluntary
28 contribution being sought, describing the proposed voluntary
29 contribution in general terms.
30 (b) An application fee, not to exceed $10,000, to
31 defray the department's cost for reviewing the application and
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SENATE AMENDMENT
Bill No. HB 3921, 1st Eng.
Amendment No.
1 developing the voluntary contribution checkoff, if authorized.
2 State funds may not be used to pay the application fee.
3 (c) A marketing strategy outlining short-term and
4 long-term marketing plans for the requested voluntary
5 contribution and a financial analysis outlining the
6 anticipated revenues and the planned expenditures of the
7 revenues to be derived from the voluntary contribution.
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9 The information required under this subsection must be
10 submitted to the department at least 90 days before the
11 convening of the next regular session of the Legislature.
12 (2) If the voluntary contribution is not approved by
13 the Legislature, the application fee must be refunded to the
14 requesting organization.
15 (3) The department must include any voluntary
16 contributions approved by the Legislature on the driver's
17 license application form when the form is reprinted by the
18 agency.
19 (4)(a) The department must discontinue the voluntary
20 contribution if:
21 1. Less than $25,000 has been contributed by the end
22 of the 5th year.
23 2. Less than $25,000 is contributed during any
24 subsequent 5-year period.
25 (b) The department is authorized to discontinue the
26 voluntary contribution and distribution of associated proceeds
27 if the organization no longer exists, if the organization has
28 stopped providing services that are authorized to be funded
29 from the voluntary contributions, or upon the recipient
30 organization's request.
31 (5) A voluntary contribution collected and distributed
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SENATE AMENDMENT
Bill No. HB 3921, 1st Eng.
Amendment No.
1 under this chapter, or any interest earned from those
2 contributions, may not be used for commercial or for-profit
3 activities nor for general or administrative expenses, except
4 as authorized by law, or to pay the cost of the audit or
5 report required by law.
6 (a) All organizations that receive annual use-fee
7 proceeds from the department are responsible for ensuring that
8 proceeds are used in accordance with law.
9 (b) All organizations that receive any voluntary
10 contributions in excess of $15,000, not otherwise subject to
11 annual audit by the Office of the Auditor General, shall
12 submit an annual audit of the expenditures of these
13 contributions and interest earned from these contributions, to
14 determine whether expenditures are being made in accordance
15 with the specifications outlined by law. The audit shall be
16 prepared by a certified public accountant licensed under
17 chapter 473 at that recipient organization's expense. The
18 notes to the financial statements should state whether
19 expenditures were made in accordance with law. Such audits
20 must be delivered to the department by December 31 of the
21 calendar year in which the audit was performed.
22 (c) In lieu of an annual audit, any organization
23 receiving less than $15,000 in voluntary contributions
24 directly from the department may annually report, under
25 penalties of perjury, that such proceeds were used in
26 compliance with law. The attestation shall be made annually in
27 a form and format determined by the department.
28 (d) Any voluntary contributions authorized by law
29 shall be distributed to an organization only under an
30 appropriation by the Legislature.
31 (6) By February 1 each year, the department shall
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SENATE AMENDMENT
Bill No. HB 3921, 1st Eng.
Amendment No.
1 determine which recipients have not complied with subsection
2 (5). If the department determines that an organization has
3 not complied or has failed to use the revenues in accordance
4 with law, the department must discontinue the distribution of
5 the revenues to the organization until the department
6 determines that the organization has complied. If an
7 organization fails to comply within 12 months after the
8 voluntary contributions are withheld by the department, the
9 proceeds shall be deposited into the Highway Safety Operating
10 Trust Fund to offset the department's costs.
11 (7) The Auditor General and the department have the
12 authority to examine all records pertaining to the use of
13 funds from the voluntary contributions authorized.
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15 (Redesignate subsequent sections.)
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18 ================ T I T L E A M E N D M E N T ===============
19 And the title is amended as follows:
20 On page 1, line 2, delete that line
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22 and insert:
23 An act relating to the operation and
24 registration of motor vehicles; amending s.
25 320.02, F.S.; providing for voluntary
26 contributions on motor vehicle registration
27 applications; providing criteria for the
28 discontinuance of the issuance of an approved
29 voluntary contribution; requiring an annual
30 audit or report; providing criteria for
31 discontinuing a voluntary contribution;
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SENATE AMENDMENT
Bill No. HB 3921, 1st Eng.
Amendment No.
1 creating s. 322.081, F.S.; revising provisions
2 with respect to requirements for requests to
3 establish voluntary contributions on driver's
4 license applications; providing criteria for
5 the discontinuance of the issuance of an
6 approved voluntary contribution; requiring an
7 annual audit or report; providing criteria for
8 discontinuing a voluntary contribution;
9 amending
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