Meeting Packet - Tourism, Infrastructure & Energy Subcommittee, HB 77 Diesel Exhaust Fluid (2/10/21)
Summary
A meeting packet for the Tourism, Infrastructure & Energy Subcommittee, Wednesday, February 10, 2021, Sumner Hall (404 HOB), with Brad Drake as Chair and Chris Sprowls as Speaker. The meeting notice lists consideration of HB 77 Diesel Exhaust Fluid by Overdorf, an update on the Motorist Modernization Program and Mobile Driver Licenses, and an overview of Specialty License Plates. The packet includes a staff analysis of HB 77, which says the bill requires certain public airports that utilize DEF to create a DEF safety mitigation and exclusion plan, approved by the airport's governing body and submitted to the Department of Transportation (DOT). The analysis gives an effective date of July 1, 2021 for the bill.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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Tourism, Infrastructure & Energy
Subcommittee
Wednesday, February 10, 2021
3:30 PM - 5:00 PM
Sumner Hall (404 HOB)
Meeting Packet
Chris Sprowls Brad Drake
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Tourism, Infrastructure & Energy Subcommittee
Start Date and Time: Wednesday, February 10, 2021 03:30 pm
End Date and Time: Wednesday, February 10, 2021 05:00 pm
Location: Sumner Hall (404 HOB)
Duration: 1.50 hrs
Consideration of the following bill(s):
HB 77 Diesel Exhaust Fluid by Overdorf
Update on Motorist Modernization Program and Mobile Driver Licenses
Overview of Specialty License Plates
The Chair requests that all amendments should be filed by 6 p.m. on Tuesday, February 9, 2021, including
amendments filed by Members of the Committee/Subcommittee.
This meeting will be live-streamed on https://thefloridachannel.org/. Audience seating will be socially
distanced and limited to the press and those persons wishing to provide substantive testimony on the filed
bills or draft legislation. Persons who wish to attend must register at www.myfloridahouse.gov, and pick up
a pass at the Legislative Welcome Center on the 4th Floor of the Capitol beginning two hours before the
start of the meeting. Seating will be available on a first-come, first-served basis. Registration closes three
hours before the meeting starts.
NOTICE FINALIZED on 02/03/2021 3:57PM by Rigas.Amanda
02/03/2021 03:57:42PM Leagis ® Page 1 of 1
The Florida House of Representatives
Commerce Committee
Tourism, Infrastructure & Energy Subcommittee
Chris Sprowls Brad Drake
Speaker Chair
AGENDA
Wednesday, February 10, 2020
Sumner Hall (404 HOB)
3:30 PM -5:00 PM
I. Call to Order & Roll Call
II. Welcoming Remarks
III. Consideration of the following bills(s):
HB 77 by Rep. Overdorf
Diesel Exhaust Fluid
IV. Update on Motorist Modernization Program and Mobile Driver Licenses
V. Overview of Specialty License Plates
VI. Adjournment
303 House Office Building, 402 South Monroe Street, Tallahassee, Florida 32399-1300
(850) 717-4873 Fax: (850) 413-0419
I
OJ
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 77 Diesel Exhaust Fluid
SPONSOR($): Overdorf
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Johns
2) Infrastructure & Tourism Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The United States Environmental Protection Agency requires diesel exhaust fluid (DEF) to be used in newer
diesel engines, including diesel-powered vehicles used for aircraft and airport support. DEF is an exhaust
additive that reduces diesel emissions by neutralizing nitrogen oxide into harmless nitrogen gas and water.
In recent years, aircraft have experienced engine shutdowns and other engine operability issues resulting from
the contamination of jet fuel due to the inadvertent filling of an aircraft fuel truck's anti-icing injection system
reservoirs with DEF instead of a fuel system icing inhibitor. The Federal Aviation Administration has made
preliminary safety recommendations regarding the use of DEF at airports, including additional training and the
adoption of best management practices.
The bill requires certain public airports that utilize DEF to create a DEF safety mitigation and exclusion plan
and provides minimum requirements for each plan. The plan must be approved by the governing body of the
airport and submitted to the Department of Transportation (DOT). The airport must regularly review its plan and
annually certify compliance to DOT.
The bill may have an indeterminate negative fiscal impact on state and local governments. See Fiscal Analysis
for details.
The bill has an effective date of July 1, 2021 .
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0077.TIE.DOCX
DATE: 2/3/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Diesel Exhaust Fluid
Under the Clean Air Act of 1990, the United States Environmental Protection Agency (EPA), in order to
curb air pollution, has mandated stronger emission control standards for vehicle engines. Nitrogen
oxide (NOx) emissions can be a major pollutant from diesel engines and the EPA has targeted them for
significant reductions. In 2007, the EPA mandated that all new on-road heavy duty vehicles
manufactured after 2010 meet certain requirements, with light duty vehicles to meet these requirements
in 2014. In order to meet these standards, technologies such as selective catalytic reduction have been
developed. 1
In diesel vehicles, selective catalytic reduction reduces NOx emissions by injecting diesel exhaust fluid
(DEF) into ammonia, which in the presence of the catalyst, reacts with the exhaust NOx to neutralize it
into harmless nitrogen gas and water. 2
DEF is a nontoxic, nonhazardous, and colorless aqueous solution of automotive grade Urea in
deionized water. 3
Airport Use of Diesel Exhaust Fluid
At public airports, the airport and its tenants use DEF in various diesel-powered vehicles including
aircraft refueling equipment, diesel aircraft fire-fighting equipment, life-saving equipment, and
emergency generators. 4
In recent years, aircraft have experienced engine shutdowns and other engine operability issues due to
the contamination of jet fuel as a result of the inadvertent filling of aircraft fuel trucks anti-icing injection
system with DEF instead of fuel system icing inhibitor. 5
Due to fuel system designs, some aircraft require fuel system icing inhibitor to prevent engine
operability issues in cold weather. Due to this requirement, for many years, airport refueling trucks have
been equipped with fuel system icing inhibitor injection systems, which require a fuel system icing
inhibitor fluid reservoir mounted on the truck to supply the injection system during refueling. Newer
refueling trucks contain a DEF reservoir in addition to the fuel system icing inhibitor reservoir. Since the
EPA's mandate for selective catalytic reduction on non-road diesel trucks began in 2014, airport
refueling trucks with two reservoirs have begun appearing at airports. 6
Between November 2017 and May 2019, there were three instances, two in Florida, in which multiple
aircraft had jet fuel contaminated with DEF or were refueled using equipment exposed to DEF.
Because of these instances, numerous aircraft had to perform emergency landings. The Federal
1
Aircraft Diesel Exhaust Fluid Contamination Working Group, A collaborative Industry Report on the Hazard of Diesel Exhaust
Fluid Contamination of Aircraft Fuel, June 11, 2019, pp. 3-4. Available at:
https://download.aopa.org/advocacy/2019/2019 _ 06_ l l _Aircraft_DEF_Contamination_Working_Group_Report_FINAL.pdf#:~:text=
AIRCRAFT%20DIESEL%20EXHAUST%20FLUID%20CONTAMINATION%20WORKING%20GROUP%20REPORT,events%2
Othat%20have%20occurred%20to%20date;%20to%20immediately (last visited February 3, 2021).
z Id.
3 Id.
4
Email from Lisa Waters, President/CEO Florida Airports Council, Diesel Exhaust Fluid, Nov. 4, 2019.
5
Federal Aviation Administration, Safety Assessment for Jet Fuel Contamination with Diesel Exhaust Fluid. August 30, 2019, p.4.
Available at: https://www.nata.aero/assets/Site_ 18/files/GIA/NATA_News/2019-08-30_Safety_Risk_Assessment_ Report_DEF-
Final.pdf (last visited February 3, 2021).
6 Id.
STORAGE NAME: h0077.TIE.D0CX PAGE: 2
DATE: 2/3/2021
Aviation Administration (FAA) conducted a hazard analysis and issued preliminary recommendations to
address the problem, including additional training for ground support crews, adoption of best
management practices, and dyeing either DEF or fuel system icing inhibitor so they can be
distinguished from each other. 7 One recommendation called for the aviation industry to request that
EPA issue permanent relief from emission control/system performance inducements (which require the
use of DEF) for any non-road diesel powered vehicles at or on airports.8
The Florida Airports Council 9 has initiated efforts to address fuel contamination issues and specifically
DEF. According to the Council, this effort is broad and intended to call attention to the issue and to
educate airports, users, fuel providers and community leaders about the safety concerns and how to
avoid fuel contamination . The Council indicates that it is working closely with its industry partners to
develop a program of operational best management practices that all Florida airports and fuel providers
can add to their training programs. 10
Effect of the Bill
The bill requires the governing body of certain public airports 11 to create a DEF safety mitigation and
exclusion plan for each fixed-base operator12 that performs onsite treatment of aviation fuel with a fuel
system icing inhibitor. This requirement applies to public airports at which :
• Aviation fuels receive onsite treatment with fuel system icing inhibitors;
• Aviation fuel is delivered by a publicly or privately owned fixed-base operator; and
• Any aircraft fuel delivery vehicle or ground service equipment that uses DEF is operated within
150 feet of any aircraft.
At a minimum, each airport's plan must include:
• A full inventory of each fixed-base operator's DEF on the airport's premises.
• Designation of specific areas where the fixed-base operator's DEF may be stored on the
airport's premises. To the extent practicable, such areas may not be located within or on a
vehicle operated for the fueling or servicing of aircraft or at any aviation fuel transfer facility or
bulk aviation fuel storage facility.
• Designation of specific areas where DEF may be added to vehicles . Such areas may not be
located in aircraft operating areas.
• Incorporation of best practices for ensuring the proper labeling and storage of diesel exhaust
fluid.
• Training in the proper use and storage of DEF for all employees of the fixed-base operator who
may come in contact with such fluid in the ordinary course of their duties.
• Designation of specific areas where the fixed-base operator's fuel system icing inhibitor may be
stored on the airport's premises.
• Best practices for ensuring the proper labeling and storage of the fixed-base operator's fuel
system icing inhibitor.
• Training in the proper use and storage of fuel system icing inhibitors for all employees of the
fixed-base operator who may come in contact with fuel system icing inhibitors in the ordinary
course of their duties.
7 Id.
8
Id. at 2
9
The Florida Airports Council is the official association of Florida's publicly-owned and -operated airports. Florida Airports Council,
https://www.floridaairports.org/about-us/ (Last visited January 15, 2021).
10
Florida Airports Council: https://www.floridaairports.org/ (last visited January 15, 2021 ).
11
Section 330.37(6), F.S., defines the tenn "public airport" as an airport, publicly or privately owned, which is open for use by the
public.
12
The term "fixed base operator" refers to commercial businesses allowed to operate on airport grounds in order to provide services to
the airport. Fixed based operators include, but are not limited to, fueling service, aircraft maintenance services and baggage handling.
https://www.presidential-aviation.com/fbo/ (last visited December 21, 2020).
STORAGE NAME: h0077.TIE.DOCX PAGE: 3
DATE: 2/3/2021
• Physical measures to secure fuel system icing inhibitor fill points on the fixed-base operator's
aircraft fuel delivery vehicles. Such measures must prevent the addition of any fluid to the fuel
system icing inhibitor fill point by unauthorized personnel.
Each airport's governing body, by September 1, 2021, must approve the DEF safety mitigation and
exclusion plan. By October 1, 2021, the governing body must submit the plan to the Department of
Transportation (DOT) and certify that all diesel exhaust fluid within the airport's premises has been
secured.
By January 1, 2022, the DEF safety mitigation and exclusion plan must be fully implemented on each
airport's premises.
By January 1 of each year, beginning in 2023, each public airport must certify to DOT the airport's
compliance with its diesel exhaust fluid safety mitigation and exclusion plan.
The bill has an effective date of July 1, 2021.
B. SECTION DIRECTORY:
Section 1 Creates s. 330.401, F.S., relating to the diesel exhaust fluid safety mitigation and exclusion
plans for public airports.
Section 2 Provides an effective date of July 1, 2020.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill does not appear to impact state government revenues.
2. Expenditures:
There is an indeterminate, but likely insignificant fiscal impact to DOT associated with reviewing
airport DEF safety mitigation and exclusion plans. These expenditures can be absorbed within
existing resources.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill does not appear to impact local government revenues.
2. Expenditures:
There is an indeterminate, but likely negative fiscal impact to local governments operating public
airports associated with complying with DEF safety mitigation and exclusion plans.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Tenants of public airports, including fuel providers, will incur expenditures associated with complying
with the DEF safety mitigation and exclusion plans; however, the impact is indeterminate.
The bill may reduce costs associated with aircraft engine damages caused by DEF contamination and
emergency response related to engine failures.
STORAGE NAME: h0077.TIE.D0CX PAGE: 4
DATE: 2/3/2021
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VII , s. 18, of the Florida Constitution may apply
because the bill requires public airports to develop DEF safety mitigation and exclusion plans;
however, an exemption may apply because there is likely an insignificant fiscal impact.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
This bill does not grant rulemaking authority, nor does it require rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.
STORAGE NAME: h0077.TIE.D0CX PAGE: 5
DATE: 2/3/2021
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 77 2021
1 A bill to be entitled
2 An act relating to diesel exhaust fluid; creating s.
3 330.401, F.S.; requiring the governing body of each
4 public airport that meets certain criteria to create a
5 diesel exhaust fluid safety mitigation and exclusion
6 plan for submission to the Department of
7 Transportation; providing plan requirements; requiring
8 an annual certification of compliance; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1 . Section 330.401, Florida Statutes, is created
14 to read:
15 330.401 Diesel exhaust fluid safety mitigation and
16 exclusion plan; certification.-
17 (1) (a) The governing body of each public airport as
18 defined ins. 330.27 at which:
19 1. Aviation fuels receive onsite treatment with fuel
20 system icing inhibitors;
21 2. Aviation fuel is delivered by a publicly or privately
22 owned fixed-base operator; and
23 3. An y aircraft fuel deliver y vehicle or ground service
24 equipment that uses diesel exhaust fluid is operated within 150
25 feet of any aircraft
Page 1 of 4
CODING: Words strisken are deletions; words underlined are additions.
hb0077-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 77 2021
26
27 shall create a diesel exhaust fluid safety mitigation and
28 exclusion plan for each fixed-base operator that performs onsite
29 treatment of aviation fuel with a fuel system icing inhibitor .
30 (b) The plan must include, at a minimum:
31 1. A full inventory of all the fixed-base operator's
32 diesel exhaust flui d on the premises of the airp ort .
33 2. Designation of specific areas where the fixed-base
34 operator's diesel exhaust fluid may be stored on the premises of
35 the airport. To the extent practicable, such areas may not be
36 located within or on a vehicle operated for the fueling or
37 servicing of aircraft or at any aviation fuel transfer facility
38 or bulk aviation fuel storage facility.
39 3. Designation of specific areas where diesel exhaust
40 fluid may be added to vehicles. Such areas may not be located in
41 aircraft operating areas.
42 4. Incorporation of best practices for ensuring the proper
43 labeling and storage of diesel exhaust fluid.
44 5. Incorporation of training in the proper use and storage
45 of diesel exhaust fluid for all employees of the fixed-base
46 operator who may come in contact with such fluid in the ordinary
47 course of their duties .
48 6. Designation of specific areas where the fixed-base
49 operator's fuel system icing - inhibitor may be stored on the
50 premises of the airport.
Page 2 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb0077-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 77 2021
51 7. Incorporation of best practices for ensuring the proper
52 labeling and storage of the fixed-base operator's fuel system
53 icing inhibitor.
54 8. Incorporation of training in the proper use and storage
55 of fuel system icing inhibitors for all employees of the fixed-
56 base operator who may come in contact with fuel system icing
57 inhibitors in the ordinary course of their duties .
58 9. Physical measures to secure fuel system icing inhibitor
59 fill points on the fixed-base operator's aircraft fuel delivery
60 vehicles. Such measures shall prevent the addition of any fluid
61 to the fuel system icing inhibitor fill point by unauthorized
62 personnel.
63 (2) The diesel exhaust fluid safety mitigation and
64 exclusion plan must be approved by the governing body by
65 September 1, 2021. The governing body must, by October 1, 2021,
66 submit the plan to the Department of Transportation and certify
67 that all diesel exhaust fluid has been secured within the
68 premises of the airport.
69 (3) The diesel exhaust fluid safety mitigation and
70 exclusion plan must be fully implemented on the premises of each
71 airport by January 1, 2022 .
72 (4) By January 1 of each year, beginning in 2023, each
73 public airport must certify to the department the airport's
74 compliance with its diesel exhaust fluid safety mitigation and
75 exclusion plan.
Page 3 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb0077-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 77 2021
76 Section 2. This act shall take effect July 1, 2021.
Page 4 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb0077-00
Update on Motorist Modernization Program and Mobile Driver licenses
ARRIVE ALIVE
Motorist Modernization
Overview
E UA Y 2 21 TOURI M FRASTRUCTURE EE GY
ONLINE REGISTRATION AND
IDENTITY O?ER'-TINS NETl'.01K
Why the Modernization Effort Began
• Delivers a software system that is
sustainable and ·scalable.
• Increases customer service and expands
service delivery options.
• New Customer Portal
• Increases departmental
. .
efficiencies using
process reeng1neer1ng.
• Increases customer service by increasing
software application efficiencies.
4
• Enhances employee tools and work
processes to strengthen the focus on
customers and outcomes.
• System checks to reduce user errors
• Streamlined transaction workflow
• Enterprise Content Management
• Reduces software development efforts by
utilizing modern technology.
• Enhances the department's ability to take
advantage of cloud-computing services.
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• Expands services to customers by
providing the ability to clear certain
sanctions online.
• Enables customers to subscribe to
receive personalized alerts, as well as
department notifications through the
online portal.
• Provides businesses with new
commercial driver license self-services
on line.
• Expands self-services for active-duty
military personnel online.
6
• Successfully re-baselined book of business inventory for all insurance
providers and onboarded them to the new system.
• All FLHSMV offices have been converted to ORION and processing well.
• MyDMV Portal was soft launched, and transactions and activities
processed, including electronic driving transcript fulfillment, driver
license and motor vehicle renewals and replacements; Bureau of
Administrative Reviews hearing requests; sanction clearances; etc.
• Implementing additional tax collector offices each week on the new
ORION system.
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• Expands services to customers by
allowing applications for duplicate titles
and personalized plate availability
inquiries online.
• Enables customers to subscribe to
receive personalized alerts, as well as
department notifications through the
online portal.
• Provides businesses with new services
online with Fleet Management.
• Expands services for customers with
decal and plate replacements online.
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FLORIDA
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-~ Overview 02.10.21
0 S ODE IZATIO
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ONLINE REGISTRATION AND
IDENTITY QPERI\TN'.3 NET\'\OAK
The Motorist Modernization Program has procured and will
implement a Mobile DL solution as part of Phase II of the
Motorist Modernization effort.
• Received legislative authority to implement in 2014.
• American Association of Motor Vehicle Administrators
(AAMVA) standards completed in 2019.
Florida Smart ID Components
1. Florida Smart ID application is
installed on a mobile device.
2. Verifier application is installed
on a mobile device.
3. Age verifications are
accomplished by device-to-
device offline communication.
Florida Smart ID Customer Florida Smart ID Verifier
*Will conform to American Association of Motor Vehicle Administrators (MMVA) and International Organization for Standardization {ISO) standards.
*FLHSMV has representation on the MMVA mDL Standards Committee.
Mobile DL Use Cases
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• Contactless interaction.for proof of identity or age
• Safeguarding of customer's personal information
• Transactional convenience
• Up-to-date driver status information
• Provides access to additional services requiring
proof of identity
• Financial Institutions
• Healthcare
• Governmental Agencies
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FLORIDA HIGHWAY SAFETY AND MOTOR VEHICLES
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Overview of Specialty License Plates
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Specialty License Plates
F U T R GY Y 10 2021
Overview of Specialty- License Plates -
FLC>RIDA
• The first Specialty Plates were enacted in 1986.
• Various categories of Specialty License Plates:
• Collegiate, Environmental/Wildlife, Military, Sports
• Current Count: 120 Specialty License Plates.
• Revenue generated from the plates ($15 - 25) goes to the
corresponding organizations. r
• FLORIDA•-
• Special Plates require specific qualifications
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COMlilAT WOUNDED YE1ERAN
Establishing a Specialty License Plate
• License plate must be enacted into law.
• Department begins the pre-sale voucher process.
• Plate is designed and approved.
• If pre-sale threshold is met, plate is manufactured and distributed to
tax collectors and license plate agents.
• If threshold is not met within the two-year period, the voucher
process ends, and the plate is discontinued.
Maintaining Valid Status
• Organizations must maintain the minimum number of active
registrations outlined in law.
• Any organization falling below the threshold is placed on probation
for one year.
• If they do not reach minimum threshold for active registrations
during that year, the plate is discontinued and will no longer be
available for renewal, replacement or original issuance.
• However, if the registration threshold is reached at any time during
that year, the organization is removed from probation.
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HB 1135 (2020 Session)
SPECIALTY UCEIISl PLArES
Pre-Sa le Data
• Limit on number of Specialty License Plates
• Change to pre-sale requirements NEW FLORIDA
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• Upcoming change to minimum threshold Pl . \TES
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• Annual Relegation K.::· ACTlo . · SD'CEWl'LE.\ !D."l'AllOS SEUCT£DPLAlE;l>ATE1'.."'<C£
13,962 13 962
• Dealer and Fleet Specialty Plates Plff S '1.U·. PI..\TJ.<; H\' TOT\t.S.AL •:..S
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• Established 33 new Specialty License Plates
• Divine 9 & Independent Colleges & Universities
of Florida (ICU F) •1 '>
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Audit & Attestation
• If annual expenditures are less than $750,000 for all State financial assistance from any
State agency or not-for-profit entity, an attestation (Affidavit Form) must be submitted to
FLHSMV within 9 months of entity's fiscal year end.
• Otherwise, a CPA audit in accordance with F.S. 215.97 (Florida Single Audit) must be filed
with FLHSMV and Auditor General within 45 days after delivery of fhe audit to the entity, but
no later than 9 months of entity's fiscal year end.
What's the Difference?
Audit -An independent audit conducted by a certified public accountant in accordance with
s. 215.97, F.S., and the rules of the Auditor General. It includes examination of the financial
statements and a report on compliance with requirements that could have a direct and
material effect on each major State Project and on internal control over compliance.
Attestation - An attestation document lists all revenues and expenditures of plate funds by
the organization. The head of the organization attests and affirms, under penalties of perjury,
that tne funds have been spent in accordance with applicable statutes.
FLORIDA
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