Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1272
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/11/2014           .                                

       Economic Development (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 491 and 492
    4  insert:
    5         Section 10. Subsection (10) of section 320.08056, Florida
    6  Statutes, is amended to read:
    7         320.08056 Specialty license plates.—
    8         (10) A specialty license plate annual use fee collected and
    9  distributed under this chapter, or any interest earned from
   10  those fees, may not be used for commercial or for-profit
   11  activities nor for general or administrative expenses, except as
   12  authorized by s. 320.08058 or to pay the cost of the audit or
   13  report required by s. 320.08062(1).
   14         (a) As used in this section and s. 320.08058, the terms
   15  “administrative costs” and “administrative expenses” mean those
   16  expenditures which are considered as direct operating costs of
   17  the organization. These costs include but are not limited to the
   18  following:
   19         1. Administrative salaries of employees and officers of the
   20  organization who do not, or cannot prove, via detailed daily
   21  time sheets, that they actively participate in program
   22  activities;
   23         2. Bookkeeping and support services of the organization;
   24         3. Office supplies and equipment not directly utilized for
   25  the specified program(s);
   26         4. Travel time, per diem, mileage reimbursement, and
   27  lodging expenses not directly associated with a specified
   28  program purpose;
   29         5. Paper, printing, envelopes, and postage not directly
   30  associated with a specified program purpose; or
   31         6. Miscellaneous expenses such as food, beverage,
   32  entertainment, and conventions.
   33         Section 11.  Section 320.08062, Florida Statutes, is
   34  amended to read:
   35         320.08062 Audits and attestations required; annual use fees
   36  of specialty license plates.—
   37         (1)(a) All organizations that receive annual use fee
   38  proceeds from the department are responsible for ensuring that
   39  proceeds are used in accordance with ss. 320.08056 and
   40  320.08058.
   41         (b) Any organization not subject to audit pursuant to s.
   42  215.97 shall annually attest, under penalties of perjury, that
   43  such proceeds were used in compliance with ss. 320.08056 and
   44  320.08058. The attestation shall be made annually in a form and
   45  format determined by the department.
   46         (c) Any organization subject to audit pursuant to s. 215.97
   47  shall submit an audit report in accordance with rules
   48  promulgated by the Auditor General. The annual attestation shall
   49  be submitted to the department for review within 9 months after
   50  the end of the organization’s fiscal year.
   51         (2)(a) Within 120 90 days after receiving an organization’s
   52  audit or attestation, the department shall determine which
   53  recipients of revenues from specialty license plate annual use
   54  fees have not complied with subsection (1). In determining
   55  compliance, the department shall commission an independent
   56  actuarial consultant, or an independent certified public
   57  accountant, who has expertise in nonprofit and charitable
   58  organizations.
   59         (a) The department must discontinue the distribution of
   60  revenues to an organization that fails to submit the
   61  documentation required in subsection (1), but may resume
   62  distribution of the revenues upon receipt of the required
   63  documentation.
   64         (b) If the department or its designee determines that an
   65  organization has not complied or has failed to use the revenues
   66  in accordance with ss. 320.08056 and 320.08058, the department
   67  must discontinue the distribution of the revenues to the
   68  organization. The department must notify the organization of its
   69  findings and direct the organization to make the changes
   70  necessary in order to comply with this chapter. If the officers
   71  of the organization sign under penalties of perjury that they
   72  acknowledge the findings of the department and attest that they
   73  have taken corrective action and attest that the organization
   74  will submit to a follow-up review by the department, the
   75  department may resume the distribution of revenues until the
   76  department determines that the organization has complied.
   77         (c) If an organization fails to comply with the
   78  department’s directive requiring corrective actions as outlined
   79  in paragraph (b), the revenue distributions must be discontinued
   80  until completion of the next regular session of the Legislature.
   81  The department must notify the Legislature by the first day of
   82  the regular session of an organization whose revenues have been
   83  withheld pursuant to this paragraph. If the Legislature does not
   84  provide direction to the organization and the department
   85  regarding the status of the undistributed revenues, the
   86  department shall discontinue the plate, and undistributed
   87  revenues must within 12 months after the annual use fee proceeds
   88  are withheld by the department, the proceeds shall be
   89  immediately deposited into the Highway Safety Operating Trust
   90  Fund to offset department costs related to the issuance of
   91  specialty license plates.
   92         (b) In lieu of discontinuing revenue disbursement pursuant
   93  to this subsection, upon determining that a recipient has not
   94  complied or has failed to use the revenues in accordance with
   95  ss. 320.08056 and 320.08058, and with the approval of the
   96  Legislative Budget Commission, the department is authorized to
   97  redirect previously collected and future revenues to an
   98  organization that is able to perform the same or similar
   99  purposes as the original recipient.
  100         (3) The department or its designee has the authority to
  101  examine all records pertaining to the use of funds from the sale
  102  of specialty license plates.
  103         Section 12. Section 45. Except for a specialty license
  104  plate proposal which has submitted a letter of intent to the
  105  Department of Highway Safety and Motor Vehicles before prior to
  106  May 2, 2008, and which has submitted a valid survey, marketing
  107  strategy, and application fee as required by s. 320.08053,
  108  Florida Statutes, before October 1, 2008 prior to the effective
  109  date of this act, or which was included in a bill filed during
  110  the 2008 Legislative Session, the Department of Highway Safety
  111  and Motor Vehicles may not issue any new specialty license
  112  plates pursuant to ss. 320.08056 and 320.08058, Florida
  113  Statutes, between July 1, 2008, and July 1, 2016 2011.
  115  ================= T I T L E  A M E N D M E N T ================
  116  And the title is amended as follows:
  117         Delete line 48
  118  and insert: