The Florida Senate

322.081  Requests to establish voluntary checkoff on driver's license application.--

(1)  An organization that seeks authorization to establish a voluntary contribution on a driver's license application must submit to the department:

(a)  A request for the particular voluntary contribution being sought, describing the proposed voluntary contribution in general terms.

(b)  An application fee, not to exceed $10,000 to defray the department's cost for reviewing the application and developing the voluntary contribution checkoff, if authorized. State funds may not be used to pay the application fee.

(c)  A marketing strategy outlining short-term and long-term marketing plans for the requested voluntary contribution and a financial analysis outlining the anticipated revenues and the planned expenditures of the revenues to be derived from the voluntary contribution.

The information required under this subsection must be submitted to the department at least 90 days before the convening of the next regular session of the Legislature.

(2)  If the voluntary contribution is not approved by the Legislature, the application fee must be refunded to the requesting organization.

(3)  The department must include any voluntary contributions approved by the Legislature on the driver's license application form when the form is reprinted by the agency.

(4)(a)  The department must discontinue the voluntary contribution if:

1.  Less than $25,000 has been contributed by the end of the 5th year.

2.  Less than $25,000 is contributed during any subsequent 5-year period.

(b)  The department is authorized to discontinue the voluntary contribution and distribution of associated proceeds if the organization no longer exists, if the organization has stopped providing services that are authorized to be funded from the voluntary contributions, or pursuant to an organizational recipient's request.

(5)  A voluntary contribution collected and distributed under this chapter, or any interest earned from those contributions, may not be used for commercial or for-profit activities nor for general or administrative expenses, except as authorized by law, or to pay the cost of the audit or report required by law.

(a)  All organizations that receive annual use fee proceeds from the department are responsible for ensuring that proceeds are used in accordance with law.

(b)  All organizational recipients of any voluntary contributions in excess of $15,000, not otherwise subject to annual audit by the Office of the Auditor General, shall submit an annual audit of the expenditures of these contributions and interest earned from these contributions, to determine if expenditures are being made in accordance with the specifications outlined by law. The audit shall be prepared by a certified public accountant licensed under chapter 473 at that organizational recipient's expense. The notes to the financial statements should state whether expenditures were made in accordance with law.

(c)  In lieu of an annual audit, any organization receiving less than $15,000 in voluntary contributions directly from the department may annually report, under penalties of perjury, that such proceeds were used in compliance with law. The attestation shall be made annually in a form and format determined by the department.

(d)  Any voluntary contributions authorized by law shall only be distributed to an organization under an appropriation by the Legislature.

(e)  The annual audit or report must be submitted to the department for review within 180 days after the end of the organization's fiscal year.

(6)  Within 90 days after receiving an organization's audit or report, the department shall determine which recipients have not complied with subsection (5). If the department determines that an organization has not complied or has failed to use the revenues in accordance with law, the department must discontinue the distribution of the revenues to the organization until the department determines that the organization has complied. If an organization fails to comply within 12 months after the voluntary contributions are withheld by the department, the proceeds shall be deposited into the Highway Safety Operating Trust Fund to offset department costs.

(7)  The Auditor General and the department have the authority to examine all records pertaining to the use of funds from the voluntary contributions authorized.

History.--s. 5, ch. 98-414; s. 41, ch. 99-248.