Florida Senate - 2014                       CS for CS for SB 244
       
       
        
       By the Committees on Rules; and Transportation; and Senator
       Braynon
       
       
       
       
       595-03702A-14                                          2014244c2
    1                        A bill to be entitled                      
    2         An act relating to specialty license plates; amending
    3         s. 320.08056, F.S.; authorizing the collection of
    4         annual use fees for the Sun, Sea, and Smiles, the Team
    5         Hammy, and the Play Ball license plates; limiting the
    6         authorized uses of collected annual use fees; defining
    7         a term; amending s. 320.08058, F.S.; creating the Sun,
    8         Sea, and Smiles, the Team Hammy, and the Play Ball
    9         license plates; providing for the distribution of use
   10         fees received from the sale of such plates; amending
   11         s. 320.08062, F.S.; revising provisions relating to
   12         audit and attestation requirements for annual use fee
   13         proceeds; requiring the Department of Highway Safety
   14         and Motor Vehicles to discontinue the distribution of
   15         revenues to an organization that does not meet
   16         specified requirements; authorizing the department to
   17         resume the distribution of revenue under certain
   18         conditions; requiring a report to the Legislature;
   19         requiring the discontinuance of a specialty plate
   20         under certain circumstances; amending chapter 2008
   21         176, Laws of Florida, as amended; extending the
   22         prohibition on the issuance of new specialty license
   23         plates; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraphs (eeee), (ffff), and (gggg) are added
   28  to subsection (4) of section 320.08056, Florida Statutes, and
   29  subsection (10) of that section is amended, to read:
   30         320.08056 Specialty license plates.—
   31         (4) The following license plate annual use fees shall be
   32  collected for the appropriate specialty license plates:
   33         (eeee) Sun, Sea, and Smiles license plate, $25.
   34         (ffff) Team Hammy license plate, $25.
   35         (gggg) Play Ball license plate, $25.
   36         (10)(a) A specialty license plate annual use fee collected
   37  and distributed under this chapter, or any interest earned from
   38  those fees, may be used in this state only for purposes
   39  authorized by this chapter and may not be used for commercial or
   40  for-profit activities nor for general or administrative
   41  expenses, except as authorized by s. 320.08058 or to pay the
   42  cost of the audit or report required by s. 320.08062(1).
   43         (b)As used in this subsection, the term “administrative
   44  expenses” means those expenditures that are considered direct
   45  operating costs of the organization. These expenses include, but
   46  are not limited to, the following:
   47         1. Administrative salaries of employees and officers of the
   48  organization who do not, or cannot prove, via detailed daily
   49  time sheets, that they actively participate in program
   50  activities;
   51         2. Bookkeeping and support services of the organization;
   52         3. Office supplies and equipment not directly used for the
   53  specified program;
   54         4. Travel time, per diem, mileage reimbursement, and
   55  lodging expenses not directly associated with a specified
   56  program purpose;
   57         5. Paper, printing, envelopes, and postage not directly
   58  associated with a specified program purpose; or
   59         6. Miscellaneous expenses such as food, beverage,
   60  entertainment, and conventions.
   61         Section 2. Subsections (83), (84), and (85) are added to
   62  section 320.08058, Florida Statutes, to read:
   63         320.08058 Specialty license plates.—
   64         (83) SUN, SEA, AND SMILES LICENSE PLATES.—
   65         (a) Notwithstanding s. 45, chapter 2008-176, Laws of
   66  Florida, as amended by s. 21, chapter 2010-223, Laws of Florida,
   67  and s. 320.08053(1), the department shall develop a Sun, Sea,
   68  and Smiles license plate as provided in this section. Sun, Sea,
   69  and Smiles license plates must bear the colors and design
   70  approved by the department. The word “Florida” must appear at
   71  the top of the plate, and the words “Sun-Sea-Smiles” must appear
   72  at the bottom of the plate.
   73         (b) The department shall retain all annual use fees from
   74  the sale of such plates until all startup costs for developing
   75  and issuing the plates have been recovered. Thereafter, the
   76  license plate annual use fees shall be distributed as follows:
   77         1. Five percent shall be distributed to Florida Caribbean
   78  Charitable Foundation, Inc., for the sole purpose of marketing
   79  the Sun, Sea, and Smiles license plate.
   80         2. Thirty percent shall be distributed to Florida Caribbean
   81  Charitable Foundation, Inc. Of this amount, up to 5 percent may
   82  be used for administrative expenses, and the remainder shall be
   83  used as follows:
   84         a. Sixty percent shall be used for a college scholarship
   85  program.
   86         b. Fifteen percent shall be used to promote health and
   87  wellness among residents of this state of Caribbean descent.
   88         c. Twenty-five percent shall be used to promote awareness
   89  of Caribbean culture within the state.
   90         3. Twenty percent shall be distributed to the American
   91  Friends of Jamaica, Inc., a New York-based charitable, not-for
   92  profit organization under s. 501(c)(3) of the Internal Revenue
   93  Code, to be used solely to fund grants to promote social and
   94  community development among residents of this state. Of this
   95  amount, up to 5 percent may be used for administrative and
   96  marketing expenses.
   97         4. Ten percent shall be distributed to the Sant La Haitian
   98  Neighborhood Center to promote social and community development.
   99  Of this amount, up to 5 percent may be used for administrative
  100  expenses.
  101         5. Ten percent shall be distributed to Fanm Ayisyen Nan
  102  Miyami, Inc., to promote social and community development. Of
  103  this amount, up to 5 percent may be used for administrative
  104  expenses.
  105         6. Twenty percent shall be distributed to Greater Caribbean
  106  American Cultural Coalition, Inc., to promote awareness of
  107  Caribbean culture within the state. Of this amount, up to 5
  108  percent may be used for administrative expenses.
  109         7. Five percent shall be distributed to Little Haiti
  110  Optimist Foundation, Inc., to promote awareness of Caribbean
  111  culture and youth development within the state. Of this amount,
  112  up to 5 percent may be used for administrative expenses.
  113         (84) TEAM HAMMY LICENSE PLATES.—
  114         (a) Notwithstanding s. 45, chapter 2008-176, Laws of
  115  Florida, as amended by s. 21, chapter 2010-223, Laws of Florida,
  116  and s. 320.08053(1), the department shall develop a Team Hammy
  117  license plate as provided in this section. The word “Florida”
  118  must appear at the top of the plate, and the words “Team Hammy”
  119  must appear at the bottom of the plate.
  120         (b) The department shall retain all annual use fees from
  121  the sale of such plates until all startup costs for developing
  122  and issuing the plates have been recovered. Thereafter, the
  123  license plate annual use fees shall be distributed to Team
  124  Hammy, Inc., a Florida nonprofit corporation, which may use up
  125  to 10 percent of such fees for administrative costs and
  126  marketing of the plate. The balance of the fees shall be used by
  127  Team Hammy, Inc., to grant wishes to families living with
  128  amyotrophic lateral sclerosis (ALS), provide continuing
  129  education to caretakers and physicians, and create awareness of
  130  ALS in the community.
  131         (85) PLAY BALL LICENSE PLATES.—
  132         (a) Notwithstanding s. 45 of chapter 2008-176, Laws of
  133  Florida, as amended by s. 21 of chapter 2010-223, Laws of
  134  Florida, and s. 320.08053(1), the department shall develop a
  135  Play Ball license plate as provided in this section. The word
  136  “Florida” must appear at the top of the plate, and the words
  137  “Play Ball” must appear at the bottom of the plate.
  138         (b) The annual use fees shall be distributed to American
  139  Dream Baseball, Inc., which shall retain all proceeds until the
  140  startup costs for developing and issuing the plates have been
  141  recovered. Thereafter, the annual use fees shall be used as
  142  follows:
  143         1. A maximum of 10 percent of the proceeds may be used for
  144  the promotion and marketing of the plate.
  145         2. A maximum of 10 percent of the proceeds may be used for
  146  the administrative costs directly associated with the plate and
  147  with American Dream Baseball, Inc., programs.
  148         3. The balance of the proceeds shall be used by American
  149  Dream Baseball, Inc., to fund its activities, programs, and
  150  projects.
  151         Section 3. Section 320.08062, Florida Statutes, is amended
  152  to read:
  153         320.08062 Audits and attestations required; annual use fees
  154  of specialty license plates.—
  155         (1)(a) All organizations that receive annual use fee
  156  proceeds from the department are responsible for ensuring that
  157  proceeds are used in accordance with ss. 320.08056 and
  158  320.08058.
  159         (b) Any organization not subject to audit pursuant to s.
  160  215.97 shall annually attest, under penalties of perjury, that
  161  such proceeds were used in compliance with ss. 320.08056 and
  162  320.08058. The attestation shall be made annually in a form and
  163  format determined by the department.
  164         (c) Any organization subject to audit pursuant to s. 215.97
  165  shall submit an audit report in accordance with rules
  166  promulgated by the Auditor General. The annual attestation shall
  167  be submitted to the department for review within 9 months after
  168  the end of the organization’s fiscal year.
  169         (2)(a) Within 120 90 days after receiving an organization’s
  170  audit or attestation, the department shall determine which
  171  recipients of revenues from specialty license plate annual use
  172  fees have not complied with subsection (1). In determining
  173  compliance, the department shall commission an independent
  174  actuarial consultant, or an independent certified public
  175  accountant, who has expertise in nonprofit and charitable
  176  organizations.
  177         (a) The department must discontinue the distribution of
  178  revenues to an organization that fails to submit the
  179  documentation required in subsection (1), but may resume
  180  distribution of the revenues upon receipt of the required
  181  documentation.
  182         (b) If the department or its designee determines that an
  183  organization has not complied or has failed to use the revenues
  184  in accordance with ss. 320.08056 and 320.08058, the department
  185  must discontinue the distribution of the revenues to the
  186  organization. The department must notify the organization of its
  187  findings and direct the organization to make the changes
  188  necessary in order to comply with this chapter. If the officers
  189  of the organization sign under penalties of perjury that they
  190  acknowledge the findings of the department and attest that they
  191  have taken corrective action and attest that the organization
  192  will submit to a follow-up review by the department, the
  193  department may resume the distribution of revenues until the
  194  department determines that the organization has complied.
  195         (c) If an organization fails to comply with the
  196  department’s directive requiring corrective actions as outlined
  197  in paragraph (b), the revenue distributions must be discontinued
  198  until completion of the next regular session of the Legislature.
  199  The department must notify the Legislature by the first day of
  200  the regular session of an organization whose revenues have been
  201  withheld pursuant to this paragraph. If the Legislature does not
  202  provide direction to the organization and the department
  203  regarding the status of the undistributed revenues, the
  204  department shall discontinue the plate, and undistributed
  205  revenues must within 12 months after the annual use fee proceeds
  206  are withheld by the department, the proceeds shall be
  207  immediately deposited into the Highway Safety Operating Trust
  208  Fund to offset department costs related to the issuance of
  209  specialty license plates.
  210         (b) In lieu of discontinuing revenue disbursement pursuant
  211  to this subsection, upon determining that a recipient has not
  212  complied or has failed to use the revenues in accordance with
  213  ss. 320.08056 and 320.08058, and with the approval of the
  214  Legislative Budget Commission, the department is authorized to
  215  redirect previously collected and future revenues to an
  216  organization that is able to perform the same or similar
  217  purposes as the original recipient.
  218         (3) The department or its designee has the authority to
  219  examine all records pertaining to the use of funds from the sale
  220  of specialty license plates.
  221         Section 4. Section 45 of chapter 2008-176, Laws of Florida,
  222  as amended by section 21 of chapter 2010-223, Laws of Florida,
  223  is amended to read:
  224         Section 45. Except for a specialty license plate proposal
  225  which has submitted a letter of intent to the Department of
  226  Highway Safety and Motor Vehicles before prior to May 2, 2008,
  227  and which has submitted a valid survey, marketing strategy, and
  228  application fee as required by s. 320.08053, Florida Statutes,
  229  before October 1, 2008 prior to the effective date of this act,
  230  or which was included in a bill filed during the 2008
  231  Legislative Session, the Department of Highway Safety and Motor
  232  Vehicles may not issue any new specialty license plates pursuant
  233  to ss. 320.08056 and 320.08058, Florida Statutes, between July
  234  1, 2008, and July 1, 2016 2011.
  235         Section 5. This act shall take effect July 1, 2014.