Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 244
       
       
       
       
       
       
                                Ì903788[Î903788                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2014           .                                
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       following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 17 - 65
    4  and insert:
    5         (10)(a) A specialty license plate annual use fee collected
    6  and distributed under this chapter, or any interest earned from
    7  those fees, may be used in this state only for purposes
    8  authorized by this chapter and may not be used for commercial or
    9  for-profit activities nor for general or administrative
   10  expenses, except as authorized by s. 320.08058 or to pay the
   11  cost of the audit or report required by s. 320.08062(1).
   12         (b)As used in this subsection, the term “administrative
   13  expenses” means those expenditures that are considered direct
   14  operating costs of the organization. These expenses include, but
   15  are not limited to, the following:
   16         1. Administrative salaries of employees and officers of the
   17  organization who do not, or cannot prove, via detailed daily
   18  time sheets, that they actively participate in program
   19  activities;
   20         2. Bookkeeping and support services of the organization;
   21         3. Office supplies and equipment not directly used for the
   22  specified program;
   23         4. Travel time, per diem, mileage reimbursement, and
   24  lodging expenses not directly associated with a specified
   25  program purpose;
   26         5. Paper, printing, envelopes, and postage not directly
   27  associated with a specified program purpose; or
   28         6. Miscellaneous expenses such as food, beverage,
   29  entertainment, and conventions.
   30         Section 2. Subsection (83) is added to section 320.08058,
   31  Florida Statutes, to read:
   32         320.08058 Specialty license plates.—
   33         (83) SUN, SEA, AND SMILES LICENSE PLATES.—
   34         (a) Notwithstanding s. 45, chapter 2008-176, Laws of
   35  Florida, as amended by s. 21, chapter 2010-223, Laws of Florida,
   36  and s. 320.08053(1), the department shall develop a Sun, Sea,
   37  and Smiles license plate as provided in this section. Sun, Sea,
   38  and Smiles license plates must bear the colors and design
   39  approved by the department. The word “Florida” must appear at
   40  the top of the plate, and the words “Sun-Sea-Smiles” must appear
   41  at the bottom of the plate.
   42         (b) The department shall retain all annual use fees from
   43  the sale of such plates until all startup costs for developing
   44  and issuing the plates have been recovered. Thereafter, the
   45  license plate annual use fees shall be distributed as follows:
   46         1. Five percent shall be distributed to Florida Caribbean
   47  Charitable Foundation, Inc., for the sole purpose of marketing
   48  the Sun, Sea, and Smiles license plate.
   49         2. Thirty percent shall be distributed to Florida Caribbean
   50  Charitable Foundation, Inc. Of this amount, up to 5 percent may
   51  be used for administrative expenses, and the remainder shall be
   52  used as follows:
   53         a. Sixty percent shall be used for a college scholarship
   54  program.
   55         b. Fifteen percent shall be used to promote health and
   56  wellness among residents of this state of Caribbean descent.
   57         c. Twenty-five percent shall be used to promote awareness
   58  of Caribbean culture within the state.
   59         3. Twenty percent shall be distributed to the American
   60  Friends of Jamaica, Inc., a New York-based charitable, not-for
   61  profit organization under s. 501(c)(3) of the Internal Revenue
   62  Code, to be used solely to fund grants to promote social and
   63  community development among residents of this state. Of this
   64  amount, up to 5 percent may be used for administrative and
   65  marketing expenses.
   66         4. Ten percent shall be distributed to the Sant La Haitian
   67  Neighborhood Center to promote social and community development.
   68  Of this amount, up to 5 percent may be used for administrative
   69  expenses.
   70         5. Ten percent shall be distributed to Fanm Ayisyen Nan
   71  Miyami, Inc., to promote social and community development. Of
   72  this amount, up to 5 percent may be used for administrative
   73  expenses.
   74         6. Twenty percent shall be distributed to Greater Caribbean
   75  American Cultural Coalition, Inc., to promote awareness of
   76  Caribbean culture within the state. Of this amount, up to 5
   77  percent may be used for administrative expenses.
   78         7. Five percent shall be distributed to Little Haiti
   79  Optimist Foundation, Inc., to promote awareness of Caribbean
   80  culture and youth development within the state. Of this amount,
   81  up to 5 percent may be used for administrative expenses.
   82         Section 3. Section 320.08062, Florida Statutes, is amended
   83  to read:
   84         320.08062 Audits and attestations required; annual use fees
   85  of specialty license plates.—
   86         (1)(a) All organizations that receive annual use fee
   87  proceeds from the department are responsible for ensuring that
   88  proceeds are used in accordance with ss. 320.08056 and
   89  320.08058.
   90         (b) Any organization not subject to audit pursuant to s.
   91  215.97 shall annually attest, under penalties of perjury, that
   92  such proceeds were used in compliance with ss. 320.08056 and
   93  320.08058. The attestation shall be made annually in a form and
   94  format determined by the department.
   95         (c) Any organization subject to audit pursuant to s. 215.97
   96  shall submit an audit report in accordance with rules
   97  promulgated by the Auditor General. The annual attestation shall
   98  be submitted to the department for review within 9 months after
   99  the end of the organization’s fiscal year.
  100         (2)(a) Within 120 90 days after receiving an organization’s
  101  audit or attestation, the department shall determine which
  102  recipients of revenues from specialty license plate annual use
  103  fees have not complied with subsection (1). In determining
  104  compliance, the department shall commission an independent
  105  actuarial consultant, or an independent certified public
  106  accountant, who has expertise in nonprofit and charitable
  107  organizations.
  108         (a) The department must discontinue the distribution of
  109  revenues to an organization that fails to submit the
  110  documentation required in subsection (1), but may resume
  111  distribution of the revenues upon receipt of the required
  112  documentation.
  113         (b) If the department or its designee determines that an
  114  organization has not complied or has failed to use the revenues
  115  in accordance with ss. 320.08056 and 320.08058, the department
  116  must discontinue the distribution of the revenues to the
  117  organization. The department must notify the organization of its
  118  findings and direct the organization to make the changes
  119  necessary in order to comply with this chapter. If the officers
  120  of the organization sign under penalties of perjury that they
  121  acknowledge the findings of the department and attest that they
  122  have taken corrective action and attest that the organization
  123  will submit to a follow-up review by the department, the
  124  department may resume the distribution of revenues until the
  125  department determines that the organization has complied.
  126         (c) If an organization fails to comply with the
  127  department’s directive requiring corrective actions as outlined
  128  in paragraph (b), the revenue distributions must be discontinued
  129  until completion of the next regular session of the Legislature.
  130  The department must notify the Legislature by the first day of
  131  the regular session of an organization whose revenues have been
  132  withheld pursuant to this paragraph. If the Legislature does not
  133  provide direction to the organization and the department
  134  regarding the status of the undistributed revenues, the
  135  department shall discontinue the plate, and undistributed
  136  revenues must within 12 months after the annual use fee proceeds
  137  are withheld by the department, the proceeds shall be
  138  immediately deposited into the Highway Safety Operating Trust
  139  Fund to offset department costs related to the issuance of
  140  specialty license plates.
  141         (b) In lieu of discontinuing revenue disbursement pursuant
  142  to this subsection, upon determining that a recipient has not
  143  complied or has failed to use the revenues in accordance with
  144  ss. 320.08056 and 320.08058, and with the approval of the
  145  Legislative Budget Commission, the department is authorized to
  146  redirect previously collected and future revenues to an
  147  organization that is able to perform the same or similar
  148  purposes as the original recipient.
  149         (3) The department or its designee has the authority to
  150  examine all records pertaining to the use of funds from the sale
  151  of specialty license plates.
  152         Section 4. Section 45 of chapter 2008-176, Laws of Florida,
  153  as amended by section 21 of chapter 2010-223, Laws of Florida,
  154  is amended to read:
  155         Section 45. Except for a specialty license plate proposal
  156  which has submitted a letter of intent to the Department of
  157  Highway Safety and Motor Vehicles before prior to May 2, 2008,
  158  and which has submitted a valid survey, marketing strategy, and
  159  application fee as required by s. 320.08053, Florida Statutes,
  160  before October 1, 2008 prior to the effective date of this act,
  161  or which was included in a bill filed during the 2008
  162  Legislative Session, the Department of Highway Safety and Motor
  163  Vehicles may not issue any new specialty license plates pursuant
  164  to ss. 320.08056 and 320.08058, Florida Statutes, between July
  165  1, 2008, and July 1, 2016 2011.
  166  
  167  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  168  And the directory clause is amended as follows:
  169         Delete line 12
  170  and insert:
  171  section 320.08056, Florida Statutes, and subsection (10) of that
  172  section is amended, to read:
  173  
  174  ================= T I T L E  A M E N D M E N T ================
  175  And the title is amended as follows:
  176         Delete lines 3 - 6
  177  and insert:
  178         amending s. 320.08056, F.S.; authorizing the
  179         collection of annual use fees for the Sun, Sea, and
  180         Smiles license plate; limiting the authorized uses of
  181         collected annual use fees; defining a term; amending
  182         s. 320.08058, F.S.; creating a Sun, Sea, and Smiles
  183         license plate; providing for the distribution of use
  184         fees received from the sale of such plates; amending
  185         s. 320.08062, F.S.; revising provisions relating to
  186         audit and attestation requirements for annual use fee
  187         proceeds; requiring the Department of Highway Safety
  188         and Motor Vehicles to discontinue the distribution of
  189         revenues to an organization that does not meet
  190         specified requirements; authorizing the department to
  191         resume the distribution of revenue under certain
  192         conditions; requiring a report to the Legislature;
  193         requiring the discontinuance of a specialty plate
  194         under certain circumstances; amending chapter 2008
  195         176, Laws of Florida, as amended; extending the
  196         prohibition on the issuance of new specialty license
  197         plates;