Section 320.023, Florida Statutes 2003
320.023 Requests to establish voluntary checkoff on motor vehicle registration application.--
(1) An organization that seeks authorization to establish a voluntary contribution on a motor vehicle registration 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 motor vehicle 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. Organizations are required to notify the department immediately to stop warrants for voluntary check-off contributions if any of the conditions in this subsection exist, and must meet the requirements of paragraph (5)(b) or paragraph (5)(c), if applicable, for any period of operation during the fiscal year.
(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.
(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) Any organization not subject to audit pursuant to s. 215.97 shall annually attest, 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.
(c) Any voluntary contributions authorized by law shall only be distributed to an organization under an appropriation by the Legislature.
(d) Any organization subject to audit pursuant to s. 215.97 shall submit an audit report in accordance with rules promulgated by the Auditor General. The annual attestation shall be submitted to the department for review within 9 months after the end of the organization's fiscal year.
(6) Within 90 days after receiving an organization's audit or attestation, 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 department has the authority to examine all records pertaining to the use of funds from the voluntary contributions authorized.
(8) All organizations seeking to establish a voluntary contribution on a motor vehicle registration application that are required to operate under the Solicitation of Contributions Act, as provided in chapter 496, must do so before funds may be distributed.
History.--s. 4, ch. 98-414; s. 17, ch. 99-248; s. 6, ch. 2001-196; s. 100, ch. 2001-266.