Florida Senate - 2022                              CS for SB 364
       
       
        
       By the Committee on Transportation; and Senator Bean
       
       
       
       
       
       596-02309-22                                           2022364c1
    1                        A bill to be entitled                      
    2         An act relating to specialty license plates; amending
    3         s. 320.08053, F.S.; revising presale voucher sales
    4         requirements for specialty license plates; requiring
    5         the Department of Highway Safety and Motor Vehicles to
    6         extend the presale period by a specified amount of
    7         time for certain approved specialty license plate
    8         organizations; amending s. 320.08056, F.S.; revising
    9         the calculation of certain independent college and
   10         university combined specialty license plate sales for
   11         certain determinations; amending s. 320.08058, F.S.;
   12         revising annual use fee distributions from the sale of
   13         the Live the Dream license plate; providing for the
   14         award of scholarships to certain students through a
   15         competitive application process; providing for fiscal
   16         oversight by a certified public accounting firm;
   17         requiring the department to develop a Blue Angels
   18         motorcycle specialty license plate; specifying a
   19         design requirement for the plate; requiring that the
   20         number of valid Blue Angels motor vehicle and
   21         motorcycle specialty license plates be added together
   22         for purposes of a certain determination; directing the
   23         department to develop Inter Miami CF, Safe Haven for
   24         Newborns, Pap Corps Champions for Cancer Research,
   25         Learn to Fly, Florida Swims, Ethical Ecotourism, and
   26         Down Syndrome Awareness license plates; providing for
   27         distribution and use of fees collected from the sale
   28         of such license plates; providing a directive to the
   29         Division of Law Revision; providing effective dates.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (b) of subsection (2) of section
   34  320.08053, Florida Statutes, is amended to read:
   35         320.08053 Establishment of specialty license plates.—
   36         (2)
   37         (b) Within 24 months after the presale specialty license
   38  plate voucher is established, the approved specialty license
   39  plate organization must record with the department a minimum of
   40  2,500 3,000 voucher sales, or in the case of an out-of-state
   41  college or university license plate, 4,000 voucher sales, before
   42  manufacture of the license plate may commence. The department
   43  shall extend this presale period by an additional 24 months for
   44  an approved specialty license plate organization that, as of the
   45  effective date of this act, is in the presale period but has not
   46  recorded at least 2,500 voucher sales. If, at the conclusion of
   47  the 24-month presale period, the minimum sales requirement has
   48  not been met, the specialty plate is deauthorized, and the
   49  department shall discontinue development of the plate and
   50  discontinue issuance of the presale vouchers. Upon
   51  deauthorization of the license plate or if the plate has met the
   52  presale requirement but has not been issued, a purchaser of the
   53  license plate voucher may use the annual use fee collected as a
   54  credit towards any other specialty license plate or apply for a
   55  refund on a form prescribed by the department.
   56         Section 2. Subsection (12) of section 320.08056, Florida
   57  Statutes, is amended to read:
   58         320.08056 Specialty license plates.—
   59         (12) Notwithstanding s. 320.08058(3)(a), the department, in
   60  cooperation with the independent colleges or universities as
   61  described in s. 1009.89, shall create a standard template
   62  specialty license plate with a unique logo or graphic
   63  identifying each independent college or university. Each
   64  independent college or university may elect to use this standard
   65  template specialty license plate in lieu of its own specialty
   66  license plate. Annual use fees from the sale of these license
   67  plates shall be distributed to the independent college or
   68  university for which the logo or graphic is displayed on the
   69  license plate and shall be used as provided in s. 320.08058(3).
   70  Independent colleges or universities opting to use the standard
   71  template specialty license plate shall have their plate sales
   72  combined with previous individual independent college or
   73  university license plate sales for purposes of meeting the
   74  minimum license plate sales threshold in paragraph (8)(a) and
   75  for determining the license plate limit in s. 320.08053(3)(b).
   76  Specialty license plates created pursuant to this subsection
   77  must be ordered directly from the department. If the independent
   78  college or university elects to use the standard template
   79  specialty license plate, the department shall discontinue the
   80  existing specialty license plate.
   81         Section 3. Effective October 1, 2022, subsections (47) and
   82  (79) of section 320.08058, Florida Statutes, are amended, and
   83  subsections (119) through (125) are added to that section, to
   84  read:
   85         320.08058 Specialty license plates.—
   86         (47) LIVE THE DREAM LICENSE PLATES.—
   87         (a) The department shall develop a Live the Dream license
   88  plate as provided in this section. Live the Dream license plates
   89  must bear the colors and design approved by the department. The
   90  word “Florida” must appear at the top of the plate, and the
   91  words “Live the Dream” must appear at the bottom of the plate.
   92         (b) The proceeds of the annual use fee shall be distributed
   93  to the Dream Foundation, Inc., to be used in the following
   94  manner:
   95         1. Up to 5 percent may be used to administer, promote, and
   96  market the license plate.
   97         2. At least 40 60 percent shall be distributed equally
   98  among the sickle cell organizations that are Florida members of
   99  the Sickle Cell Disease Association of America, Inc., for
  100  programs that provide research, care, and treatment for sickle
  101  cell disease.
  102         3. At least 10 percent shall be used for programs and
  103  services provided directly by the Dream Foundation, Inc., which
  104  assist inmates released from the custody of a county jail in
  105  this state or a Department of Corrections facility in
  106  successfully reentering the community.
  107         4.At least 15 percent shall be distributed as grants for
  108  programs and services throughout this state which assist inmates
  109  released from the custody of a county jail in this state or a
  110  Department of Corrections facility in successfully reentering
  111  the community.
  112         5. At least 25 30 percent shall be distributed as
  113  scholarships to graduating high school seniors in this state who
  114  have at least one parent or legal guardian who is incarcerated,
  115  for the purpose of attending a state university, a Florida
  116  College System institution, a career center operated by a school
  117  district under s. 1001.44, or a charter technical career center
  118  under s. 1002.34. Scholarships shall be awarded through a
  119  competitive application process. Fiscal oversight of the
  120  scholarship program shall be performed by a certified public
  121  accounting firm to Chapman Partnership, Inc., for programs that
  122  provide relief from poverty, hunger, and homelessness.
  123         6.4. Up to 5 percent may be distributed by the department
  124  on behalf of the Dream Foundation, Inc., to The Martin Luther
  125  King, Jr. Center for Nonviolent Social Change, Inc., as a
  126  royalty for the use of the image of Dr. Martin Luther King, Jr.
  127         (79) BLUE ANGELS LICENSE PLATES.—
  128         (a) The department shall develop a Blue Angels license
  129  plate for display on a motor vehicle and for display on a
  130  motorcycle as provided in this section and s. 320.08053. The
  131  plate must bear the colors and design approved by the
  132  department. The word “Florida” must appear at the top of the
  133  plate, and the words “Home of the Blue Angels” must appear at
  134  the bottom of the plate. Any department-approved image must be
  135  placed on the far left side of a plate for display on a
  136  motorcycle.
  137         (b) The annual use fees from the sale of the plate shall be
  138  distributed to the Naval Aviation Museum Foundation, a nonprofit
  139  Florida corporation under s. 501(c)(3) of the Internal Revenue
  140  Code, to fund the maintenance, programs, marketing, and projects
  141  of the foundation, including the National Naval Aviation Museum
  142  and the National Flight Academy in Pensacola. Up to 10 percent
  143  of the funds received by the Naval Aviation Museum Foundation
  144  may be used for marketing of the plate and costs directly
  145  associated with the administration of the foundation. The Naval
  146  Aviation Museum Foundation shall distribute 50 percent of the
  147  funds to eligible programs and projects associated with the
  148  National Flight Academy and the remainder of the funds to
  149  eligible programs and projects associated with the National
  150  Naval Aviation Museum.
  151         (c)The number of valid specialty license plates issued for
  152  display on a motor vehicle or on a motorcycle must be added
  153  together to determine whether the specialty license plate must
  154  be discontinued pursuant to s. 320.08056(8)(a).
  155         (119)INTER MIAMI CF LICENSE PLATES.—
  156         (a)The department shall develop an Inter Miami CF license
  157  plate as provided in this section and s. 320.08053. The plate
  158  must bear the colors and design approved by the department. The
  159  word “Florida” must appear at the top of the plate, and the
  160  words “Inter Miami CF” must appear at the bottom of the plate.
  161         (b) The annual use fees from the sale of the plate shall be
  162  distributed to Inter Miami CF Foundation Corporation, a
  163  nonprofit corporation under s. 501(c)(3) of the Internal Revenue
  164  Code, which may use a maximum of 10 percent of the proceeds to
  165  promote and market the plate. The remainder of the proceeds
  166  shall be used by Inter Miami CF Foundation Corporation to plan
  167  and execute sports-based development and direct-service
  168  community programs, initiatives, and events.
  169         (120) SAFE HAVEN FOR NEWBORNS LICENSE PLATES.—
  170         (a) The department shall develop a Safe Haven for Newborns
  171  license plate as provided in this section and s. 320.08053. The
  172  plate must bear the colors and design approved by the
  173  department. The word “Florida” must appear at the top of the
  174  plate, and the words “A Safe Haven for Newborns” must appear at
  175  the bottom of the plate.
  176         (b) The annual use fees from the sale of the plate shall be
  177  distributed to the Gloria M. Silverio Foundation, Incorporated,
  178  a Florida nonprofit corporation under s. 501(c)(3) of the
  179  Internal Revenue Code, the mission of which is to prevent infant
  180  abandonment through awareness, education, and direct assistance.
  181  Up to 10 percent of the fees may be used for marketing and
  182  administration of the plate. The remaining funds shall be used
  183  by the foundation to prevent infant abandonment through
  184  awareness, education, and direct assistance.
  185         (121) PAP CORPS CHAMPIONS FOR CANCER RESEARCH LICENSE
  186  PLATES.—
  187         (a)The department shall develop a Pap Corps Champions for
  188  Cancer Research license plate as provided in this section and s.
  189  320.08053. The plate must bear the colors and design approved by
  190  the department. The word “Florida” must appear at the top of the
  191  plate, and the words “To Imagine and Help Create a World Without
  192  Cancer” must appear at the bottom of the plate.
  193         (b)The annual use fees from the sale of the plate shall be
  194  distributed to the Papanicolaou Corps for Cancer Research, Inc.,
  195  a Florida nonprofit corporation, as follows:
  196         1.Up to 10 percent of the annual use fees must be used
  197  for:
  198         a.Promotion and marketing costs of the license plate; and
  199         b.Reimbursing the corporation for administrative costs,
  200  startup costs, and costs incurred in the development and
  201  approval process of the license plate.
  202         2.The remaining funds must be distributed with the
  203  approval of and accountability to the board of directors of the
  204  Pap Corps and must be used to promote and support awareness of
  205  critical lifesaving cancer research by the Sylvester
  206  Comprehensive Cancer Center through education, outreach, and
  207  clinical research.
  208         (122) LEARN TO FLY LICENSE PLATES.—
  209         (a)The department shall develop a Learn to Fly license
  210  plate as provided in this section and s. 320.08053. The plate
  211  must bear the colors and design approved by the department. The
  212  word “Florida” must appear at the top of the plate, and the
  213  words “Learn to Fly” must appear at the bottom of the plate.
  214         (b)The annual use fees from the sale of the plate shall be
  215  distributed to Florida’s Lifted Youth Inc., a Florida nonprofit
  216  corporation, which may use up to 10 percent of the proceeds to
  217  promote and market the plate. The remainder of the proceeds
  218  shall be used by Florida’s Lifted Youth Inc., to assist
  219  underprivileged youth and the children of fallen heroes to
  220  establish careers in aviation.
  221         (123)FLORIDA SWIMS LICENSE PLATES.—
  222         (a) The department shall develop a Florida Swims license
  223  plate as provided in this section and s. 320.08053. The plate
  224  must bear the colors and design approved by the department. The
  225  word “Florida” must appear at the top of the plate, and the
  226  words “Swim for Life” must appear at the bottom of the plate.
  227         (b) The annual use fees from the sale of the plate shall be
  228  distributed to the Swimming Pool Education and Safety
  229  Foundation, Inc., doing business as Florida Swims, a nonprofit
  230  organization under s. 501(c)(3) of the Internal Revenue Code,
  231  which may use up to 10 percent of the proceeds for
  232  administration, promotion, and marketing of the plate. All
  233  remaining proceeds shall be used by the Swimming Pool Education
  234  and Safety Foundation, Inc., doing business as Florida Swims, to
  235  promote swimming pool and water safety and to provide grants and
  236  scholarships for childhood swimming lessons in this state.
  237         (124)ETHICAL ECOTOURISM LICENSE PLATE.
  238         (a)The department shall develop an Ethical Ecotourism
  239  license plate as provided in this section and s. 320.08053. The
  240  plate must bear the colors and design approved by the
  241  department. The word “Florida” must appear at the top of the
  242  plate, and the words “Ethical Ecotourism” must appear at the
  243  bottom of the plate.
  244         (b) The annual use fees from the sale of the plate shall be
  245  distributed equally between the Florida Society for Ethical
  246  Ecotourism, Inc., and Paddle Florida, Inc., each of which may
  247  use up to 10 percent of its proceeds for administrative costs
  248  and the marketing of the plate. The remaining proceeds must be
  249  used by the Florida Society for Ethical Ecotourism, Inc., to
  250  provide environmental education and awareness that encourage
  251  behaviors that contribute to the sustainability of Florida’s
  252  natural ecosystems and resources and by Paddle Florida, Inc., to
  253  raise awareness about water conservation, wildlife preservation,
  254  restoration of springs, and protection of waterways in this
  255  state.
  256         (125)DOWN SYNDROME AWARENESS LICENSE PLATES.—
  257         (a)The department shall develop a Down Syndrome Awareness
  258  license plate as provided in this section and s. 320.08053. The
  259  plate must bear the colors and design approved by the
  260  department. The word “Florida” must appear at the top of the
  261  plate, and the words “Down Syndrome Awareness” must appear at
  262  the bottom of the plate.
  263         (b)The annual use fees from the sale of the plate shall be
  264  distributed to Our City Beautiful, Inc., a Florida nonprofit
  265  corporation. Up to 10 percent of the fees may be used for
  266  administrative costs and marketing of the plate. Of the
  267  remaining fees:
  268         1.Fifty percent shall be used to build and maintain
  269  HOLLAND, an affordable housing project for independent living
  270  for persons with Down syndrome or other intellectual disability.
  271         2.Fifteen percent shall be dedicated to Our City Beautiful
  272  World Changer scholarships for Florida residents 18 years of age
  273  or older with Down syndrome who wish to further their education
  274  at postsecondary educational institutions located in this state.
  275         3.Thirty-five percent shall be used for grants to other
  276  nonprofit organizations within this state to support housing,
  277  educational scholarships, and employment assistance programs for
  278  persons with Down syndrome or other intellectual disability.
  279         Section 4. The Division of Law Revision is directed to
  280  replace the phrase “the effective date of this act” wherever it
  281  occurs in this act with the date this act becomes a law.
  282         Section 5. Except as otherwise expressly provided in this
  283  act, this act shall take effect upon becoming a law.