Florida Senate - 2022                       CS for CS for SB 364
       
       
        
       By the Committees on Appropriations; and Transportation; and
       Senators Bean and Perry
       
       
       
       
       576-03404-22                                           2022364c2
    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 specialty license plate sales for certain
   11         determinations; requiring the department to continue
   12         to collect annual use fees for certain discontinued or
   13         replaced plates; amending s. 320.08058, F.S.; revising
   14         annual use fee distributions from the sale of the Live
   15         the Dream license plate; providing for the award of
   16         scholarships to certain students through a competitive
   17         application process; providing for fiscal oversight by
   18         a certified public accounting firm; requiring the
   19         department to develop a Blue Angels motorcycle
   20         specialty license plate; specifying a design
   21         requirement for the plate; requiring that the number
   22         of valid Blue Angels motor vehicle and motorcycle
   23         specialty license plates be added together for
   24         purposes of a certain determination; directing the
   25         department to develop Inter Miami CF, Safe Haven for
   26         Newborns, Pap Corps Champions for Cancer Research,
   27         Learn to Fly, Florida Swims, Ethical Ecotourism, Down
   28         Syndrome Awareness, Gopher Tortoise, and I Make Things
   29         license plates; providing for distribution and use of
   30         fees collected from the sale of such license plates;
   31         providing a directive to the Division of Law Revision;
   32         providing effective dates.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Paragraph (b) of subsection (2) of section
   37  320.08053, Florida Statutes, is amended to read:
   38         320.08053 Establishment of specialty license plates.—
   39         (2)
   40         (b) Within 24 months after the presale specialty license
   41  plate voucher is established, the approved specialty license
   42  plate organization must record with the department a minimum of
   43  2,500 3,000 voucher sales, or in the case of an out-of-state
   44  college or university license plate, 4,000 voucher sales, before
   45  manufacture of the license plate may commence. The department
   46  shall extend this presale period by an additional 24 months for
   47  an approved specialty license plate organization that, as of the
   48  effective date of this act, is in the presale period but has not
   49  recorded at least 2,500 voucher sales. If, at the conclusion of
   50  the 24-month presale period, the minimum sales requirement has
   51  not been met, the specialty plate is deauthorized, and the
   52  department shall discontinue development of the plate and
   53  discontinue issuance of the presale vouchers. Upon
   54  deauthorization of the license plate or if the plate has met the
   55  presale requirement but has not been issued, a purchaser of the
   56  license plate voucher may use the annual use fee collected as a
   57  credit towards any other specialty license plate or apply for a
   58  refund on a form prescribed by the department.
   59         Section 2. Subsection (12) of section 320.08056, Florida
   60  Statutes, is amended to read:
   61         320.08056 Specialty license plates.—
   62         (12) Notwithstanding s. 320.08058(3)(a), the department, in
   63  cooperation with the independent colleges or universities as
   64  described in s. 1009.89, shall create a standard template
   65  specialty license plate with a unique logo or graphic
   66  identifying each independent college or university. Each
   67  independent college or university may elect to use this standard
   68  template specialty license plate in lieu of its own specialty
   69  license plate. Annual use fees from the sale of these license
   70  plates shall be distributed to the independent college or
   71  university for which the logo or graphic is displayed on the
   72  license plate and shall be used as provided in s. 320.08058(3).
   73  An independent college or university colleges or universities
   74  opting to use the standard template specialty license plate
   75  shall have the standard template specialty license their plate
   76  sales added to the total number of remaining current valid
   77  registrations under paragraph (8)(c) for the formerly separate
   78  independent college and university license plates which were
   79  issued before the independent college or university elected to
   80  use the standard template specialty license plate combined for
   81  purposes of the standard template specialty license plate
   82  meeting the minimum license plate sales threshold in paragraph
   83  (8)(a) and for determining the license plate limit in s.
   84  320.08053(3)(b). Specialty license plates created pursuant to
   85  this subsection must be ordered directly from the department. If
   86  the independent college or university elects to use the standard
   87  template specialty license plate, the department shall
   88  discontinue the existing specialty license plate and,
   89  notwithstanding paragraph (8)(c), shall continue to collect the
   90  applicable specialty license plate annual use fee under
   91  paragraph (3)(d) or subsection (4) for the remainder of the 10
   92  year license plate replacement period for the existing plate
   93  being discontinued or being replaced with the standard template
   94  specialty license plate.
   95         Section 3. Effective October 1, 2022, subsections (47) and
   96  (79) of section 320.08058, Florida Statutes, are amended, and
   97  subsections (119) through (127) are added to that section, to
   98  read:
   99         320.08058 Specialty license plates.—
  100         (47) LIVE THE DREAM LICENSE PLATES.—
  101         (a) The department shall develop a Live the Dream license
  102  plate as provided in this section. Live the Dream license plates
  103  must bear the colors and design approved by the department. The
  104  word “Florida” must appear at the top of the plate, and the
  105  words “Live the Dream” must appear at the bottom of the plate.
  106         (b) The proceeds of the annual use fee shall be distributed
  107  to the Dream Foundation, Inc., to be used in the following
  108  manner:
  109         1. Up to 5 percent may be used to administer, promote, and
  110  market the license plate.
  111         2. At least 25 60 percent shall be distributed equally
  112  among the sickle cell organizations that are Florida members of
  113  the Sickle Cell Disease Association of America, Inc., for
  114  programs that provide research, care, and treatment for sickle
  115  cell disease.
  116         3. At least 8 percent shall be used for programs and
  117  services provided directly by the Dream Foundation, Inc., which
  118  assist inmates released from the custody of a county jail in
  119  this state or a Department of Corrections facility in
  120  successfully reentering the community.
  121         4.At least 15 percent shall be distributed as grants for
  122  programs and services throughout this state which assist inmates
  123  released from the custody of a county jail in this state or a
  124  Department of Corrections facility in successfully reentering
  125  the community.
  126         5.At least 20 percent shall be distributed as scholarships
  127  to graduating high school seniors in this state who have at
  128  least one parent or legal guardian who is incarcerated, for the
  129  purpose of attending a state university, a Florida College
  130  System institution, a career center operated by a school
  131  district under s. 1001.44, or a charter technical career center
  132  under s. 1002.34. Scholarships shall be awarded through a
  133  competitive application process. Fiscal oversight of the
  134  scholarship program shall be performed by a certified public
  135  accounting firm.
  136         6. At least 22 30 percent shall be distributed to Chapman
  137  Partnership, Inc., for programs that provide relief from
  138  poverty, hunger, and homelessness.
  139         7.4. Up to 5 percent may be distributed by the department
  140  on behalf of the Dream Foundation, Inc., to The Martin Luther
  141  King, Jr. Center for Nonviolent Social Change, Inc., as a
  142  royalty for the use of the image of Dr. Martin Luther King, Jr.
  143         (79) BLUE ANGELS LICENSE PLATES.—
  144         (a) The department shall develop a Blue Angels license
  145  plate for display on a motor vehicle and for display on a
  146  motorcycle as provided in this section and s. 320.08053. The
  147  plate must bear the colors and design approved by the
  148  department. The word “Florida” must appear at the top of the
  149  plate, and the words “Home of the Blue Angels” must appear at
  150  the bottom of the plate. Any department-approved image must be
  151  placed on the far left side of a plate for display on a
  152  motorcycle.
  153         (b) The annual use fees from the sale of the plate shall be
  154  distributed to the Naval Aviation Museum Foundation, a nonprofit
  155  Florida corporation under s. 501(c)(3) of the Internal Revenue
  156  Code, to fund the maintenance, programs, marketing, and projects
  157  of the foundation, including the National Naval Aviation Museum
  158  and the National Flight Academy in Pensacola. Up to 10 percent
  159  of the funds received by the Naval Aviation Museum Foundation
  160  may be used for marketing of the plate and costs directly
  161  associated with the administration of the foundation. The Naval
  162  Aviation Museum Foundation shall distribute 50 percent of the
  163  funds to eligible programs and projects associated with the
  164  National Flight Academy and the remainder of the funds to
  165  eligible programs and projects associated with the National
  166  Naval Aviation Museum.
  167         (c)The number of valid specialty license plates issued for
  168  display on a motor vehicle or on a motorcycle must be added
  169  together to determine whether the specialty license plate must
  170  be discontinued pursuant to s. 320.08056(8)(a).
  171         (119)INTER MIAMI CF LICENSE PLATES.—
  172         (a)The department shall develop an Inter Miami CF license
  173  plate as provided in this section and s. 320.08053. The plate
  174  must bear the colors and design approved by the department. The
  175  word “Florida” must appear at the top of the plate, and the
  176  words “Inter Miami CF” must appear at the bottom of the plate.
  177         (b) The annual use fees from the sale of the plate shall be
  178  distributed to Inter Miami CF Foundation Corporation, a
  179  nonprofit corporation under s. 501(c)(3) of the Internal Revenue
  180  Code, which may use a maximum of 10 percent of the proceeds to
  181  promote and market the plate. The remainder of the proceeds
  182  shall be used by Inter Miami CF Foundation Corporation to plan
  183  and execute sports-based development and direct-service
  184  community programs, initiatives, and events.
  185         (120) SAFE HAVEN FOR NEWBORNS LICENSE PLATES.—
  186         (a) The department shall develop a Safe Haven for Newborns
  187  license plate as provided in this section and s. 320.08053. The
  188  plate must bear the colors and design approved by the
  189  department. The word “Florida” must appear at the top of the
  190  plate, and the words “A Safe Haven for Newborns” must appear at
  191  the bottom of the plate.
  192         (b) The annual use fees from the sale of the plate shall be
  193  distributed to the Gloria M. Silverio Foundation, Incorporated,
  194  a Florida nonprofit corporation under s. 501(c)(3) of the
  195  Internal Revenue Code, the mission of which is to prevent infant
  196  abandonment through awareness, education, and direct assistance.
  197  Up to 10 percent of the fees may be used for marketing and
  198  administration of the plate. The remaining funds shall be used
  199  by the foundation to prevent infant abandonment through
  200  awareness, education, and direct assistance.
  201         (121) PAP CORPS CHAMPIONS FOR CANCER RESEARCH LICENSE
  202  PLATES.—
  203         (a)The department shall develop a Pap Corps Champions for
  204  Cancer Research license plate as provided in this section and s.
  205  320.08053. The plate must bear the colors and design approved by
  206  the department. The word “Florida” must appear at the top of the
  207  plate, and the words “Cancer Research Matters” must appear at
  208  the bottom of the plate.
  209         (b)The annual use fees from the sale of the plate shall be
  210  distributed to the Papanicolaou Corps for Cancer Research, Inc.,
  211  a Florida nonprofit corporation, as follows:
  212         1.Up to 10 percent of the annual use fees must be used
  213  for:
  214         a.Promotion and marketing costs of the license plate; and
  215         b.Reimbursing the corporation for administrative costs,
  216  startup costs, and costs incurred in the development and
  217  approval process of the license plate.
  218         2.The remaining funds must be distributed with the
  219  approval of and accountability to the board of directors of the
  220  Pap Corps and must be used to promote and support awareness of
  221  critical lifesaving cancer research by the Sylvester
  222  Comprehensive Cancer Center through education, outreach, and
  223  clinical research.
  224         (122) LEARN TO FLY LICENSE PLATES.—
  225         (a)The department shall develop a Learn to Fly license
  226  plate as provided in this section and s. 320.08053. The plate
  227  must bear the colors and design approved by the department. The
  228  word “Florida” must appear at the top of the plate, and the
  229  words “Learn to Fly” must appear at the bottom of the plate.
  230         (b)The annual use fees from the sale of the plate shall be
  231  distributed to Florida’s Lifted Youth Inc., a Florida nonprofit
  232  corporation, which may use up to 10 percent of the proceeds to
  233  promote and market the plate. The remainder of the proceeds
  234  shall be used by Florida’s Lifted Youth Inc., to assist
  235  underprivileged youth and the children of fallen heroes to
  236  establish careers in aviation.
  237         (123)FLORIDA SWIMS LICENSE PLATES.—
  238         (a) The department shall develop a Florida Swims license
  239  plate as provided in this section and s. 320.08053. The plate
  240  must bear the colors and design approved by the department. The
  241  word “Florida” must appear at the top of the plate, and the
  242  words “Swim for Life” must appear at the bottom of the plate.
  243         (b) The annual use fees from the sale of the plate shall be
  244  distributed to the Swimming Pool Education and Safety
  245  Foundation, Inc., doing business as Florida Swims, a nonprofit
  246  organization under s. 501(c)(3) of the Internal Revenue Code,
  247  which may use up to 10 percent of the proceeds for
  248  administration, promotion, and marketing of the plate. All
  249  remaining proceeds shall be used by the Swimming Pool Education
  250  and Safety Foundation, Inc., doing business as Florida Swims, to
  251  promote swimming pool and water safety and to provide grants and
  252  scholarships for childhood swimming lessons in this state.
  253         (124)ETHICAL ECOTOURISM LICENSE PLATE.
  254         (a)The department shall develop an Ethical Ecotourism
  255  license plate as provided in this section and s. 320.08053. The
  256  plate must bear the colors and design approved by the
  257  department. The word “Florida” must appear at the top of the
  258  plate, and the words “Ethical Ecotourism” must appear at the
  259  bottom of the plate.
  260         (b) The annual use fees from the sale of the plate shall be
  261  distributed equally between the Florida Society for Ethical
  262  Ecotourism, Inc., and Paddle Florida, Inc., each of which may
  263  use up to 10 percent of its proceeds for administrative costs
  264  and the marketing of the plate. The remaining proceeds must be
  265  used by the Florida Society for Ethical Ecotourism, Inc., to
  266  provide environmental education and awareness that encourage
  267  behaviors that contribute to the sustainability of Florida’s
  268  natural ecosystems and resources and by Paddle Florida, Inc., to
  269  raise awareness about water conservation, wildlife preservation,
  270  restoration of springs, and protection of waterways in this
  271  state.
  272         (125)DOWN SYNDROME AWARENESS LICENSE PLATES.—
  273         (a)The department shall develop a Down Syndrome Awareness
  274  license plate as provided in this section and s. 320.08053. The
  275  plate must bear the colors and design approved by the
  276  department. The word “Florida” must appear at the top of the
  277  plate, and the words “Down Syndrome Awareness” must appear at
  278  the bottom of the plate.
  279         (b)The annual use fees from the sale of the plate shall be
  280  distributed to Our City Beautiful, Inc., a Florida nonprofit
  281  corporation. Up to 10 percent of the fees may be used for
  282  administrative costs and marketing of the plate. Of the
  283  remaining fees:
  284         1.Fifty percent shall be used to build and maintain
  285  HOLLAND, an affordable housing project for independent living
  286  for persons with Down syndrome or other intellectual disability.
  287         2.Fifteen percent shall be dedicated to Our City Beautiful
  288  World Changer scholarships for Florida residents 18 years of age
  289  or older with Down syndrome who wish to further their education
  290  at postsecondary educational institutions located in this state.
  291         3.Thirty-five percent shall be used for grants to other
  292  nonprofit organizations within this state to support housing,
  293  educational scholarships, and employment assistance programs for
  294  persons with Down syndrome or other intellectual disability.
  295         (126)GOPHER TORTOISE LICENSE PLATES.—
  296         (a) The department shall develop a Gopher Tortoise license
  297  plate as provided in this section and s. 320.08053. The plate
  298  must bear the colors and design approved by the department. The
  299  word “Florida” must appear at the top of the plate, and the
  300  words “Protect the Gopher Tortoise” must appear at the bottom of
  301  the plate.
  302         (b) The annual use fees from the sale of the plate shall be
  303  distributed to Wildlands Conservation, Inc., a nonprofit
  304  corporation under s. 501(c)(3) of the Internal Revenue Code, to
  305  fund gopher tortoise and commensal species research, education,
  306  and conservation, as well as upland habitat protection,
  307  restoration, and management in this state to benefit the gopher
  308  tortoise and other upland species. Up to 10 percent of the funds
  309  received by Wildlands Conservation, Inc., may be used for
  310  marketing of the plate and costs directly associated with the
  311  administration of the gopher tortoise protection program.
  312  Wildlands Conservation, Inc., shall use and distribute the funds
  313  to eligible Florida-based scientific, conservation, and
  314  educational organizations for gopher tortoise, commensal
  315  species, and upland habitat research, conservation, and
  316  management.
  317         (127)I MAKE THINGS LICENSE PLATES.—
  318         (a) The department shall develop an I Make Things license
  319  plate as provided in this section and s. 320.08053. The plate
  320  must bear the colors and design approved by the department. The
  321  word “Florida” must appear at the top of the plate, and the
  322  words “I Make Things” must appear at the bottom of the plate.
  323         (b) The annual use fees from the sale of the plate shall be
  324  distributed to the Florida Manufacturing and Logistics Council,
  325  Inc., a Florida nonprofit corporation. Up to 10 percent of the
  326  fees may be used for promotion and marketing costs of the
  327  license plate and reimbursing the Florida Manufacturing and
  328  Logistics Council, Inc., for administrative costs, startup
  329  costs, and costs incurred in the development and approval
  330  process of the plate. The remaining funds must be distributed
  331  with the approval of, and accountability to, the board of
  332  directors of the Florida Manufacturing and Logistics Council,
  333  Inc., and must be used to promote and support programs that
  334  increase interest in careers in manufacturing.
  335         Section 4. The Division of Law Revision is directed to
  336  replace the phrase “the effective date of this act” wherever it
  337  occurs in this act with the date this act becomes a law.
  338         Section 5. Except as otherwise expressly provided in this
  339  act, this act shall take effect upon becoming a law.