CS for CS for SB 518                             First Engrossed
       
       
       
       
       
       
       
       
       2016518e1
       
    1                        A bill to be entitled                      
    2         An act relating to special license plates; amending s.
    3         320.089, F.S.; creating a special license plate for
    4         recipients of the Bronze Star medal; requiring any
    5         revenue generated from the sale of Woman Veteran
    6         license plates to be deposited into the Grants and
    7         Donations Trust Fund, instead of the Operations and
    8         Maintenance Trust Fund; conforming a cross-reference;
    9         authorizing the likeness of the Prisoner of War medal
   10         to be on the “Ex-POW” license plate; amending ss.
   11         296.11 and 296.38, F.S.; specifying requirements for
   12         expenditure of moneys deposited in the Grants and
   13         Donations Trust Fund under certain circumstances;
   14         requiring certain homes to deposit all moneys received
   15         from the sale of Woman Veteran license plates into the
   16         Grants and Donations Trust Fund; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 320.089, Florida Statutes, is amended to
   22  read:
   23         320.089 Veterans of the United States Armed Forces; members
   24  of National Guard; survivors of Pearl Harbor; Purple Heart and
   25  Bronze Star medal recipients; active or retired United States
   26  Armed Forces reservists; Combat Infantry Badge, Combat Medical
   27  Badge, or Combat Action Badge recipients; Combat Action Ribbon
   28  recipients; Air Force Combat Action Medal recipients;
   29  Distinguished Flying Cross recipients; former prisoners of war;
   30  Korean War Veterans; Vietnam War Veterans; Operation Desert
   31  Shield Veterans; Operation Desert Storm Veterans; Operation
   32  Enduring Freedom Veterans; Operation Iraqi Freedom Veterans;
   33  Women Veterans; World War II Veterans; and Navy Submariners;
   34  special license plates; fee.—
   35         (1)(a) Each owner or lessee of an automobile or truck for
   36  private use or recreational vehicle as specified in s.
   37  320.08(9)(c) or (d), which is not used for hire or commercial
   38  use, who is a resident of the state and a veteran of the United
   39  States Armed Forces, a Woman Veteran, a World War II Veteran, a
   40  Navy Submariner, an active or retired member of the Florida
   41  National Guard, a survivor of the attack on Pearl Harbor, a
   42  recipient of the Purple Heart medal, a recipient of the Bronze
   43  Star medal, an active or retired member of any branch of the
   44  United States Armed Forces Reserve, or a recipient of the Combat
   45  Infantry Badge, Combat Medical Badge, Combat Action Badge,
   46  Combat Action Ribbon, Air Force Combat Action Medal, or
   47  Distinguished Flying Cross, upon application to the department,
   48  accompanied by proof of release or discharge from any branch of
   49  the United States Armed Forces, proof of active membership or
   50  retired status in the Florida National Guard, proof of
   51  membership in the Pearl Harbor Survivors Association or proof of
   52  active military duty in Pearl Harbor on December 7, 1941, proof
   53  of being a Purple Heart or Bronze Star medal recipient, proof of
   54  active or retired membership in any branch of the United States
   55  Armed Forces Reserve, or proof of membership in the Combat
   56  Infantrymen’s Association, Inc., proof of being a recipient of
   57  the Combat Infantry Badge, Combat Medical Badge, Combat Action
   58  Badge, Combat Action Ribbon, Air Force Combat Action Medal, or
   59  Distinguished Flying Cross, and upon payment of the license tax
   60  for the vehicle as provided in s. 320.08, shall be issued a
   61  license plate as provided by s. 320.06 which, in lieu of the
   62  serial numbers prescribed by s. 320.06, is stamped with the
   63  words “Veteran,” “Woman Veteran,” “WWII Veteran,” “Navy
   64  Submariner,” “National Guard,” “Pearl Harbor Survivor,” “Combat
   65  wounded veteran,” “Bronze Star,” “U.S. Reserve,” “Combat
   66  Infantry Badge,” “Combat Medical Badge,” “Combat Action Badge,”
   67  “Combat Action Ribbon,” “Air Force Combat Action Medal,” or
   68  “Distinguished Flying Cross,” as appropriate, and a likeness of
   69  the related campaign medal or badge, followed by the serial
   70  number of the license plate. Additionally, the Purple Heart
   71  plate may have the words “Purple Heart” stamped on the plate and
   72  the likeness of the Purple Heart medal appearing on the plate.
   73         (b) Notwithstanding any other provision of law to the
   74  contrary, beginning with fiscal year 2002-2003 and annually
   75  thereafter, the first $100,000 in general revenue generated from
   76  the sale of license plates issued under this section shall be
   77  deposited into the Grants and Donations Trust Fund, as described
   78  in s. 296.38(2), to be used for the purposes established by law
   79  for that trust fund. Any additional general revenue generated
   80  from the sale of such plates shall be deposited into the State
   81  Homes for Veterans Trust Fund and used solely to construct,
   82  operate, and maintain domiciliary and nursing homes for
   83  veterans, subject to the requirements of chapter 216.
   84         (c) Any revenue generated from the sale of Woman Veteran
   85  license plates must be deposited into the Grants and Donations
   86  Operations and Maintenance Trust Fund administered by the
   87  Department of Veterans’ Affairs pursuant to s. 20.375(2) s.
   88  20.375(3) and must be used solely for the purpose of creating
   89  and implementing programs to benefit women veterans.
   90  Notwithstanding any provisions of law to the contrary, an
   91  applicant for a Pearl Harbor Survivor license plate or a Purple
   92  Heart license plate who also qualifies for a disabled veteran’s
   93  license plate under s. 320.084 shall be issued the appropriate
   94  special license plate without payment of the license tax imposed
   95  by s. 320.08.
   96         (2) Each owner or lessee of an automobile or truck for
   97  private use, a truck weighing not more than 7,999 pounds, or a
   98  recreational vehicle as specified in s. 320.08(9)(c) or (d),
   99  which is not used for hire or commercial use who is a resident
  100  of this state and who is a former prisoner of war, or his or her
  101  unremarried surviving spouse, upon application to the
  102  department, shall be issued a license plate as provided in s.
  103  320.06, may have the words “Ex-POW” stamped on the plate and the
  104  likeness of the Prisoner of War medal with the words “Ex-POW”
  105  followed by the serial number. Each application shall be
  106  accompanied by proof that the applicant meets the qualifications
  107  specified in paragraph (a) or paragraph (b).
  108         (a) A citizen of the United States who served as a member
  109  of the Armed Forces of the United States or the armed forces of
  110  a nation allied with the United States who was held as a
  111  prisoner of war at such time as the Armed Forces of the United
  112  States were engaged in combat, or his or her unremarried
  113  surviving spouse, may be issued the special license plate
  114  provided for in this subsection without payment of the license
  115  tax imposed by s. 320.08.
  116         (b) A person who was serving as a civilian with the consent
  117  of the United States Government, or a person who was a member of
  118  the Armed Forces of the United States while he or she was not a
  119  United States citizen and was held as a prisoner of war when the
  120  Armed Forces of the United States were engaged in combat, or his
  121  or her unremarried surviving spouse, may be issued the special
  122  license plate provided for in this subsection upon payment of
  123  the license tax imposed by s. 320.08.
  124         (3) Each owner or lessee of an automobile or truck for
  125  private use, a truck weighing not more than 7,999 pounds, or a
  126  recreational vehicle as specified in s. 320.08(9)(c) or (d),
  127  which is not used for hire or commercial use who is a resident
  128  of this state and who is the unremarried surviving spouse of a
  129  recipient of the Purple Heart medal, upon application to the
  130  department accompanied by the payment of the required fees,
  131  shall be issued a license plate as provided in s. 320.06 which
  132  is stamped with the words “Purple Heart” and the likeness of the
  133  Purple Heart medal followed by the serial number. Each
  134  application shall be accompanied by proof that the applicant is
  135  the unremarried surviving spouse of a recipient of the Purple
  136  Heart medal.
  137         (4) The owner or lessee of an automobile or truck for
  138  private use, a truck weighing not more than 7,999 pounds, or a
  139  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  140  which is not used for hire or commercial use who is a resident
  141  of this state and a current or former member of the United
  142  States Armed Forces who was deployed and served in Korea during
  143  the Korean War as defined in s. 1.01(14), upon application to
  144  the department accompanied by proof of active membership or
  145  former active duty status during the Korean War and payment of
  146  the license tax for the vehicle as provided in s. 320.08, shall
  147  be issued a license plate as provided by s. 320.06 which, in
  148  lieu of the registration license number prescribed by s. 320.06,
  149  is stamped with the words “Korean War Veteran” and a likeness of
  150  the Korean Service Medal, followed by the registration license
  151  number of the plate. Proof that the applicant was awarded the
  152  Korean Service Medal is sufficient to establish eligibility for
  153  the license plate.
  154         (5) The owner or lessee of an automobile or truck for
  155  private use, a truck weighing not more than 7,999 pounds, or a
  156  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  157  which is not used for hire or commercial use who is a resident
  158  of this state and a current or former member of the United
  159  States military who was deployed and served in Vietnam during
  160  United States military deployment in Indochina, upon application
  161  to the department accompanied by proof of active membership or
  162  former active duty status during these operations and payment of
  163  the license tax for the vehicle as provided in s. 320.08, shall
  164  be issued a license plate as provided by s. 320.06 which, in
  165  lieu of the registration license number prescribed by s. 320.06,
  166  is stamped with the words “Vietnam War Veteran” and a likeness
  167  of the Vietnam Service Medal, followed by the registration
  168  license number of the plate. Proof that the applicant was
  169  awarded the Vietnam Service Medal is sufficient to establish
  170  eligibility for the license plate.
  171         (6) The owner or lessee of an automobile or truck for
  172  private use, a truck weighing not more than 7,999 pounds, or a
  173  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  174  which is not used for hire or commercial use who is a resident
  175  of this state and a current or former member of the United
  176  States military who was deployed and served in Saudi Arabia,
  177  Kuwait, or another area of the Persian Gulf during Operation
  178  Desert Shield or Operation Desert Storm; in Afghanistan during
  179  Operation Enduring Freedom; or in Iraq during Operation Iraqi
  180  Freedom, upon application to the department accompanied by proof
  181  of active membership or former active duty status during one of
  182  these operations and payment of the license tax for the vehicle
  183  as provided in s. 320.08, shall be issued a license plate as
  184  provided by s. 320.06 which, in lieu of the registration license
  185  number prescribed by s. 320.06, is stamped with the words
  186  “Operation Desert Shield,” “Operation Desert Storm,” “Operation
  187  Enduring Freedom,” or “Operation Iraqi Freedom,” as appropriate,
  188  and a likeness of the related campaign medal followed by the
  189  registration license number of the plate. Proof that the
  190  applicant was awarded the Southwest Asia Service Medal, Iraq
  191  Campaign Medal, Afghanistan Campaign Medal, or Global War on
  192  Terrorism Expeditionary Medal is sufficient to establish
  193  eligibility for the appropriate license plate.
  194         Section 2. Subsection (2) of section 296.11, Florida
  195  Statutes, is amended to read:
  196         296.11 Funds of home and disposition of moneys.—
  197         (2) The home shall deposit all moneys received pursuant to
  198  s. 296.15 in into the Grants and Donations Trust Fund. Such
  199  moneys deposited in the Grants and Donations Trust Fund must be
  200  expended for the common benefit of the residents of the home,
  201  such as improved facilities, recreational equipment,
  202  recreational supplies, and goods and services offered or
  203  available to all residents, subject to the requirements of
  204  chapter 216.
  205         Section 3. Subsection (2) of section 296.38, Florida
  206  Statutes, is amended to read:
  207         296.38 Funds of home and disposition of moneys.—
  208         (2) The home may shall be empowered to receive and accept
  209  gifts, grants, and endowments in the name of the home. All such
  210  gifts, grants, and endowments shall are to be used for the
  211  benefit of the home and its residents. In the absence of a
  212  specific directive from the benefactor, the administrator and,
  213  together with the director may, shall have the authority to
  214  determine how these gifts, grants, and endowments will could
  215  best benefit the home and its residents unless the benefactor
  216  requests or instructs that the gift, grant, or endowment be used
  217  for a specific purpose. The home shall deposit all moneys
  218  received pursuant to this subsection in into the Grants and
  219  Donations Trust Fund. Such moneys deposited in the Grants and
  220  Donations Trust Fund shall be expended for the common benefit of
  221  the residents of the home, such as recreational equipment and
  222  supplies, improved facilities, recreational supplies, and goods
  223  and services offered or available to all residents.
  224         Section 4. This act shall take effect July 1, 2016.