Senate Bill 0938c3
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Florida Senate - 1998 CS for CS for CS for SB 938
By the Committees on Ways and Means; Governmental Reform and
Oversight; Transportation; and Senator Harris
301-2237-98
1 A bill to be entitled
2 An act relating to the operation and
3 registration of motor vehicles; amending s.
4 320.02, F.S.; providing for voluntary
5 contributions on motor vehicle registration
6 applications; providing criteria for the
7 discontinuance of the issuance of an approved
8 voluntary contribution; requiring an annual
9 audit or report; providing criteria for
10 discontinuing a voluntary contribution;
11 creating s. 322.081, F.S.; revising provisions
12 with respect to requirements for requests to
13 establish voluntary contributions on driver's
14 license applications; providing criteria for
15 the discontinuance of the issuance of an
16 approved voluntary contribution; requiring an
17 annual audit or report; providing criteria for
18 discontinuing a voluntary contribution;
19 amending s. 322.21, F.S.; revising provisions
20 with respect to license fees for the renewal of
21 certain Class D or Class E licenses; providing
22 an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsection (17) is added to section 320.02,
27 Florida Statutes, to read:
28 320.02 Registration required; application for
29 registration; forms.--
30 (17) The application form for motor vehicle
31 registration and renewal of registration must include language
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1 permitting a voluntary contribution to the Florida Mothers
2 Against Drunk Driving, Inc., which contribution must be
3 transferred by the department to the Florida Mothers Against
4 Drunk Driving, Inc., on a monthly basis.
5 Section 2. Section 320.023, Florida Statutes, is
6 created to read:
7 320.023 Requests to establish voluntary checkoff on
8 motor vehicle registration or driver's license renewal.--
9 (1) An organization that seeks authorization to
10 establish a voluntary contribution on a motor vehicle
11 registration application must submit to the department:
12 (a) A request for the particular voluntary
13 contribution being sought, describing the proposed voluntary
14 contribution in general terms.
15 (b) An application fee, not to exceed $10,000 to
16 defray the department's cost for reviewing the application and
17 developing the voluntary contribution checkoff, if authorized.
18 State funds may not be used to pay the application fee.
19 (c) A marketing strategy outlining short-term and
20 long-term marketing plans for the requested voluntary
21 contribution and a financial analysis outlining the
22 anticipated revenues and the planned expenditures of the
23 revenues to be derived from the voluntary contribution.
24
25 The information required under this subsection must be
26 submitted to the department at least 90 days before the
27 convening of the next regular session of the Legislature.
28 (2) If the voluntary contribution is not approved by
29 the Legislature, the application fee must be refunded to the
30 requesting organization.
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Florida Senate - 1998 CS for CS for CS for SB 938
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1 (3) The department must include any voluntary
2 contributions approved by the Legislature on the motor vehicle
3 application form when the form is reprinted by the agency.
4 (4)(a) The department must discontinue the voluntary
5 contribution if:
6 1. Less than $25,000 has been contributed by the end
7 of the 5th year.
8 2. Less than $25,000 is contributed during any
9 subsequent 5-year period.
10 (b) The department is authorized to discontinue the
11 voluntary contribution and distribution of associated proceeds
12 if the organization no longer exists, if the organization has
13 stopped providing services that are authorized to be funded
14 from the voluntary contributions, or upon the recipient
15 organization's request.
16 (5) A voluntary contribution collected and distributed
17 under this chapter, or any interest earned from those
18 contributions, may not be used for commercial or for-profit
19 activities nor for general or administrative expenses, except
20 as authorized by law, or to pay the cost of the audit or
21 report required by law.
22 (a) All organizations that receive annual use-fee
23 proceeds from the department are responsible for ensuring that
24 proceeds are used in accordance with law.
25 (b) All organizations that receive any voluntary
26 contributions in excess of $15,000, not otherwise subject to
27 annual audit by the Office of the Auditor General, shall
28 submit an annual audit of the expenditures of these
29 contributions and interest earned from these contributions, to
30 determine whether expenditures are being made in accordance
31 with the specifications outlined by law. The audit shall be
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Florida Senate - 1998 CS for CS for CS for SB 938
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1 prepared by a certified public accountant licensed under
2 chapter 473 at that recipient organization's expense. The
3 notes to the financial statements should state whether
4 expenditures were made in accordance with law. Such audits
5 must be delivered to the department by December 31 of the
6 calendar year in which the audit was performed.
7 (c) In lieu of an annual audit, any organization
8 receiving less than $15,000 in voluntary contributions
9 directly from the department may annually report, under
10 penalties of perjury, that such proceeds were used in
11 compliance with law. The attestation shall be made annually in
12 a form and format determined by the department.
13 (d) Any voluntary contributions authorized by law
14 shall be distributed to an organization only under an
15 appropriation by the Legislature.
16 (6) By February 1 each year, the department shall
17 determine which recipients have not complied with subsection
18 (5). If the department determines that an organization has
19 not complied or has failed to use the revenues in accordance
20 with law, the department must discontinue the distribution of
21 the revenues to the organization until the department
22 determines that the organization has complied. If an
23 organization fails to comply within 12 months after the
24 voluntary contributions are withheld by the department, the
25 proceeds shall be deposited into the Highway Safety Operating
26 Trust Fund to offset the department's costs.
27 (7) The Auditor General and the department have the
28 authority to examine all records pertaining to the use of
29 funds from the voluntary contributions authorized.
30 Section 3. Section 322.081, Florida Statutes, is
31 created to read:
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1 322.081 Requests to establish voluntary checkoff on
2 driver's license application.--
3 (1) An organization that seeks authorization to
4 establish a voluntary contribution on a driver's license
5 application must submit to the department:
6 (a) A request for the particular voluntary
7 contribution being sought, describing the proposed voluntary
8 contribution in general terms.
9 (b) An application fee, not to exceed $10,000, to
10 defray the department's cost for reviewing the application and
11 developing the voluntary contribution checkoff, if authorized.
12 State funds may not be used to pay the application fee.
13 (c) A marketing strategy outlining short-term and
14 long-term marketing plans for the requested voluntary
15 contribution and a financial analysis outlining the
16 anticipated revenues and the planned expenditures of the
17 revenues to be derived from the voluntary contribution.
18
19 The information required under this subsection must be
20 submitted to the department at least 90 days before the
21 convening of the next regular session of the Legislature.
22 (2) If the voluntary contribution is not approved by
23 the Legislature, the application fee must be refunded to the
24 requesting organization.
25 (3) The department must include any voluntary
26 contributions approved by the Legislature on the driver's
27 license application form when the form is reprinted by the
28 agency.
29 (4)(a) The department must discontinue the voluntary
30 contribution if:
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Florida Senate - 1998 CS for CS for CS for SB 938
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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 upon the recipient
10 organization'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 organizations that receive 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 whether expenditures are being made in accordance
26 with the specifications outlined by law. The audit shall be
27 prepared by a certified public accountant licensed under
28 chapter 473 at that recipient organization'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 Senate - 1998 CS for CS for CS for SB 938
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1 must be delivered to the department by December 31 of the
2 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 be distributed to an organization only 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 the department's 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 4. Subsection (1) of section 322.21, Florida
27 Statutes, is amended to read:
28 322.21 License fees; procedure for handling and
29 collecting fees.--
30 (1) Except as otherwise provided herein, the fee for:
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Florida Senate - 1998 CS for CS for CS for SB 938
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1 (a) An original or renewal commercial driver's license
2 is $50, which shall include the fee for driver education
3 provided by s. 233.063; however, if an applicant has completed
4 training and is applying for employment or is currently
5 employed in a public or nonpublic school system that requires
6 the commercial license, the fee shall be the same as for a
7 Class E driver's license. A delinquent fee of $1 shall be
8 added for a renewal made not more than 12 months after the
9 license expiration date.
10 (b) An original Class D or Class E driver's license is
11 $20, which shall include the fee for driver's education
12 provided by s. 233.063; however, if an applicant has completed
13 training and is applying for employment or is currently
14 employed in a public or nonpublic school system that requires
15 a commercial driver license, the fee shall be the same as for
16 a Class E license.
17 (c) The renewal or extension of a Class D or Class E
18 driver's license or of a license restricted to motorcycle use
19 only is $15, except that a delinquent fee of $1 shall be added
20 for a renewal or extension made not more than 12 months after
21 the license expiration date. The fee provided in this
22 paragraph shall include the fee for driver's education
23 provided by s. 233.063.
24 (d) The renewal or extension of a Class D or Class E
25 driver's license for an individual who obtains a 4-year
26 renewal pursuant to s. 322.18(2)(b) is $40, except that a
27 delinquent fee of $1 shall be added for a renewal or extension
28 made not more than 12 months after the license expiration
29 date. The fee provided in this paragraph shall include the fee
30 for driver's education provided by s. 233.063.
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1 (e) The renewal or extension of a Class D or Class E
2 driver's license for an individual who obtains a 6-year
3 renewal pursuant to s. 322.18(2)(b), shall be free of charge.
4 (f)(d) An original driver's license restricted to
5 motorcycle use only is $20, which shall include the fee for
6 driver's education provided by s. 233.063.
7 (g)(e) Each endorsement required by s. 322.57 is $5.
8 Section 5. This act shall take effect July 1, 1998.
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10 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
11 CS/CS/SB 938
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13 The bill provides that drivers eligible for a 6-year renewal
driver's license will not have to pay the $15 renewal fee. In
14 addition, the bill provides for an increase of $25 for drivers
eligible for the 4-year renewal driver's license, for a total
15 of $40 for a 4-year renewal driver's license.
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