HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 965 Driver License, Identification Card, and Motor Vehicle Registration Applications
SPONSOR(S): Infrastructure Strategies Committee, Gottlieb, Arrington and others
TIED BILLS: IDEN./SIM. BILLS: SB 996
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 16 Y, 0 N Johnson Hinshelwood
2) Infrastructure & Tourism Appropriations 10 Y, 0 N Hicks Davis
Subcommittee
3) Infrastructure Strategies Committee 23 Y, 0 N, As CS Johnson Harrington
SUMMARY ANALYSIS
Under Florida law, if specified statutory requirements are met, a motor vehicle registration application or a
driver license and identification card application may include language permitting an organization to receive a
voluntary contribution. Best Buddies International has met such statutory requirements for both the motor
vehicle registration application and the driver license and identification card application.
Best Buddies International is the world’s largest organization dedicated to ending the social, physical, and
economic isolation of people with intellectual and developmental disabilities.
The bill creates a $1 voluntary contribution on the motor vehicle registration application for Best Buddies
International. The bill also creates a $1 or more voluntary contribution for Best Buddies International for the
driver license and identification card application.
The bill has a negative fiscal impact on the Highway Safety Operating Trust Fund due to the costs associated
with required programming and implementation for the voluntary contributions. However, those cos ts can be
absorbed within existing resources. See Fiscal Analysis Section.
The bill has an effective date of October 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Voluntary Contributions on Motor Vehicle Registration and Driver License and Identification Card
Applications
Under Florida law, an organization seeking authorization to establish a voluntary contribution on a
motor vehicle registration application or a driver license and identification card application must submit
to the Department of Highway Safety and Motor Vehicles (DHSMV):
A request for the particular voluntary contribution being sought, describing the proposed
voluntary contribution in general terms.
An application fee, not to exceed $10,000 to defray DHSMV's cost for reviewing the application
and developing the voluntary contribution checkoff, if authorized. 1
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 above must be submitted to DHSMV 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 is refunded to the requesting organization.3
DHSMV must include any voluntary contributions approved by the Legislature on the motor vehicle
registration application form or driver license and identification card application form when DHSMV
reprints the forms.4
DHSMV must discontinue the voluntary contribution if:
Less than $25,000 has been contributed by the end of the fifth year.
Less than $25,000 is contributed during any subsequent five-year period.5
DHSMV may 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 must immediately notify DHSMV to stop warrants for voluntary contributions if any of the
above conditions exist, and must meet the applicable audit or attestation requirements for any period of
operation during the fiscal year.6
A voluntary contribution collected and distributed, or any interest earned from those contributions, may
not be used for commercial or for-profit activities or for general or administrative expenses, except as
authorized by law.
All organizations that receive annual use fee proceeds from DHSMV are responsible for
ensuring that proceeds are used in accordance with law.
Any organization not subject to audit pursuant to the Florida Single Audit Act7 must annually
attest, under penalties of perjury, that such proceeds were used in compliance with law.
Any voluntary contributions authorized by law are deposited into and distributed from the Motor
Vehicle License Clearing Trust Fund to the specified recipients.
1 State funds may not be used to pay the application fee.
2 Ss. 320.023(1) and s. 322.081(1), F.S.
3 Ss. 320.023(2) and 322.081(2), F.S.
4 Ss. 320.023(3) and 322.081(3), F.S.
5 Ss. 320.023(4)(a) and 322.081(4)(a), F.S.
6 Ss. 320.023(4)(b) and 322.081(4)(b), F.S.
7 S. 215.97, F.S.
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Any organization subject to audit pursuant to the Florida Single Audit Act must submit an audit
report in accordance with rules promulgated by the Auditor General. The annual attestation
must be submitted to DHSMV for review within 9 months after the end of the organization's
fiscal year.8
Within 90 days after receiving an organization's audit or attestation, DHSMV determines which
recipients have not complied with the audit or attestation requirement. If DHSMV determines that an
organization has not complied or has failed to use the revenues in accordance with law, DHSMV 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, the proceeds are deposited into the Highway Safety Operating Trust Fund to
offset DHSMV’s costs.9
DHSMV is authorized to examine all records pertaining to the use of funds from the authorized
voluntary contributions.10
All organizations seeking to establish a voluntary contribution on a motor vehicle registration application
or a driver license and identification card application that are required to operate under the Solicitation
of Contributions Act,11 must do so before these funds may be distributed.12
Best Buddies International
Best Buddies International, a 501(c)(3) nonprofit organization, is the world’s largest organization
dedicated to ending the social, physical, and economic isolation of individuals with intellectual and
developmental disabilities. Its programs empower the special abilities of individuals with intellectual and
developmental disabilities by helping them form meaningful friendships with their peers, secure
successful jobs, live independently, improve public speaking, self-advocacy and communication skills,
and feel valued by society.13
Best Buddies International, Inc., is registered with the Department of State as a foreign not for profit
corporation.14 The organization is also registered with the Department of Agriculture and Consumer
Services as a charitable organization in order to solicit contributions in Florida.15
Best Buddies International has met the statutory requirements for voluntary contributions for the motor
vehicle registration application and the driver license and identification card application. 16
Effect of the Bill
The bill requires the application form for a motor vehicle registration and renewal to include language
providing for a voluntary contribution of $1 to Best Buddies International.
The bill requires the application form for an original, a renewal, or a replacement driver license or
identification card to include language providing for a voluntary contribution of $1 or more per applicant
to Best Buddies International.
8 Ss. 320.023(5) and 322.081(5), F.S.
9
Ss. 320.023(6) and 322.081(6), F.S.
10 Ss. 320.023(7) and 322.081(7), F.S.
11 Ch. 496, F.S.
12 Ss. 320.023(8) and 322.081(8), F.S.
13 Best Buddies International, https://www.bestbuddies.org/what-we-do/mission-vision-goals/ (last visited Mar. 2, 2023).
14 Department of State, Division of Corporations, Best Buddies International,
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOr
der=BESTBUDDIESINTERNATIONAL%20P373411&aggregateId=fornp-p37341-e85f1ce9-c17d-4bfe-874f-
ecc895908b23&searchTerm=Best%20Buddies&listNameOrder=BESTBUDDIES%20N130000006010 (last visited Mar. 2, 2023).
15 Department of Agriculture and Consumer Services Registration No. CH2971 ,
https://csapp.fdacs.gov/CSPublicApp/CheckACharity/CheckACharity.aspx (last visited Mar. 2, 2023). See also ch. 496, F.S.
16 E-mail from Rachel Fleury-Charles, Legislative Liaison, Department of Highway Safety and Motor Vehicles, RE: Bill Analysis Request
HB 965. (Feb. 21, 2023).
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DSHMV must distribute these contributions monthly to Best Buddies International.
The bill has an effective date of October 1, 2023.
B. SECTION DIRECTORY:
Section 1. Amends section 320.02, F.S., relating to registration required; application for registration;
forms.
Section 2. Amends section 322.08, F.S., relating to application for license; requirements for license
and identification card forms.
Section 3. Provides an effective date of October 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
Best Buddies International has paid the one-time $10,000 application fee specified in statute, which
is intended to defray DHSMV’s costs.
2. Expenditures:
Indeterminate. DHSMV reports that staff and contracted resources are required for programming
and implementation associated with creating the voluntary contributions on motor vehicle, driver
license, and identification card application forms. 17 The application fee and existing DHSMV
resources will cover all related costs.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Best Buddies International may see additional revenues associated with these voluntary contributions
on motor vehicle, driver license, and identification card application forms to support its mission to end
the social, physical, and economic isolation of people with intellectual and developmental disabilities.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
17 Department of Highway Safety and Motor Vehicles, Agency Analysis of 2023 House Bill 965, p. 5. March 20, 2023.
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2. Other:
None.
B. RULE-MAKING AUTHORITY:
None
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 27, 2023, the Infrastructure Strategies adopted one amendment and reported the bill favorably as a
committee substitute. The amendment changes the effective date of the bill from July 1, 2023, to October 1,
2023.
This analysis has been updated to reflect the committee substitute as approved by the Infrastructure Strategies
Committee.
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Statutes affected: H 965 Filed: 322.08
H 965 c1: 322.08
H 965 e1: 316.2935, 320.0657, 322.08, 324.021, 324.0221, 324.131, 627.311, 627.7275
H 965 er: 316.2935, 320.0657, 322.08, 324.021, 324.0221, 324.131, 627.311, 627.7275