SENATE AMENDMENT
Bill No. CS for CS for SB 1168
Amendment No. ___ Barcode 972906
CHAMBER ACTION
Senate House
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11 Senator Sebesta moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 21, between lines 7 and 8,
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16 insert:
17 Section 15. Section 320.0706, Florida Statutes, is
18 amended to read:
19 320.0706 Display of license plates on trucks.--The
20 owner of any commercial truck of gross vehicle weight of
21 26,001 pounds or more shall display the registration license
22 plate on both the front and rear of the truck in conformance
23 with all the requirements of s. 316.605 that do not conflict
24 with this section. However, the owner of a truck tractor shall
25 be required to display the registration license plate only on
26 the front of such vehicle. Wreckers shall be required to
27 display the registration license plate only on the front of
28 such vehicle.
29 Section 16. Section 320.08053, Florida Statutes, is
30 amended to read:
31 320.08053 Requirements for requests to establish
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SENATE AMENDMENT
Bill No. CS for CS for SB 1168
Amendment No. ___ Barcode 972906
1 specialty license plates.--
2 (1) An organization that seeks authorization to
3 establish a new specialty license plate for which an annual
4 use fee is to be charged must submit to the department:
5 (a) A request for the particular specialty license
6 plate being sought, describing the proposed specialty license
7 plate in specific general terms, including a sample plate as
8 it will appear in final form and conforming to the
9 specifications set by the department and this chapter.
10 (b) A financial analysis outlining the anticipated
11 revenues and the planned expenditures of the revenues to be
12 derived from the sale of the requested specialty license plate
13 The results of a scientific sample survey of Florida motor
14 vehicle owners that indicates at least 15,000 motor vehicle
15 owners intend to purchase the proposed specialty license plate
16 at the increased cost. The sample survey of registered motor
17 vehicle owners must be performed independently of the
18 requesting organization by an organization that conducts
19 similar sample surveys as a normal course of business. Prior
20 to conducting a sample survey for the purposes of this
21 section, a requesting organization must obtain a determination
22 from the department that the organization selected to conduct
23 the survey performs similar surveys as a normal course of
24 business and is independent of the requesting organization.
25 (c) An application fee, not to exceed $60,000, to
26 defray the department's cost for reviewing the application and
27 developing the specialty license plate, if authorized. State
28 funds may not be used to pay the application fee, except for
29 collegiate specialty license plates authorized in s.
30 320.08058(3) and (13). The specialty license plate application
31 provisions of this act shall not apply to any organization
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SENATE AMENDMENT
Bill No. CS for CS for SB 1168
Amendment No. ___ Barcode 972906
1 which has requested and received the required forms for
2 obtaining a specialty license plate authorization from the
3 Department of Highway Safety and Motor Vehicles, has opened a
4 bank account for the funds collected for the specialty license
5 tag and has made deposits to such an account, and has obtained
6 signatures toward completing the requirements for the
7 specialty license tag. All applications requested on or after
8 the effective date of this act must meet the requirements of
9 this act.
10 (d) A marketing strategy outlining short-term and
11 long-term marketing plans for the requested specialty license
12 plate and a financial analysis outlining the anticipated
13 revenues and the planned expenditures of the revenues to be
14 derived from the sale of the requested specialty license
15 plates.
16 The information required under this subsection must be
17 submitted to the department at least 90 days before the
18 convening of the next regular session of the Legislature.
19 (2) From the date the request for the specialty
20 license plate is acknowledged in writing by the department,
21 the organization seeking to establish the new plate shall have
22 24 months to submit to the department no less than 8,000
23 prepaid applications for the particular plate being proposed
24 along with any necessary fees. Applications submitted to the
25 department must:
26 (a) Include the applicant's name, address, and the
27 current Florida license plate number that is to be replaced by
28 the proposed specialty license plate.
29 (b) Be forwarded to the department, collectively, in
30 electronic format as determined by the department.
31 (c) Be accompanied by all prepayments for the proposed
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SENATE AMENDMENT
Bill No. CS for CS for SB 1168
Amendment No. ___ Barcode 972906
1 specialty license plate collected by the organization.
2 (3) Upon compliance with subsection (2), the
3 organization requesting the specialty license plate may seek
4 legislative approval of the plate. From the date of enactment
5 of the specialty license plate by the Legislature, the
6 department shall begin issuing the approved plates within 1
7 year to all prepaid applicants and provide additional plates
8 for purchase. Upon enactment of the specialty license plate,
9 the department is authorized to retain prepayment amounts
10 sufficient to cover the costs incurred developing the plate;
11 however, the department may not retain an amount greater than
12 $60,000. If the proposed specialty license plate is not
13 enacted by the Legislature, the department shall return to the
14 organization all applications and prepayments submitted by the
15 organization, and the organization shall immediately refund to
16 all applicants any payments that have been collected.
17 (4) If, after 24 months, the organization seeking to
18 establish the new specialty license plate has not obtained at
19 least 8,000 prepaid applications, the organization shall
20 immediately refund to all applicants any fees or deposits that
21 have been collected.
22 (5) After the department has acknowledged in writing
23 the organization's request to establish a new specialty
24 license plate, the organization requesting the plate shall
25 file quarterly financial reports to the department detailing
26 all collections made in conjunction with the proposed plate.
27 The department shall determine the form and content of the
28 reports. All payments collected must be deposited in a
29 separate account maintained by the organization solely for
30 receipt of prepaid application fees and shall not be
31 commingled with other funds of the organization. The
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SENATE AMENDMENT
Bill No. CS for CS for SB 1168
Amendment No. ___ Barcode 972906
1 department is authorized to conduct any audits necessary to
2 verify the accuracy of the quarterly reports If the specialty
3 license plate requested by the organization is approved by
4 law, the organization must submit the proposed art design for
5 the specialty license plate to the department as soon as
6 practicable, but no later than 60 days after the act approving
7 the specialty license plate becomes a law. If the specialty
8 license plate requested by the organization is not approved by
9 the Legislature, the application fee shall be refunded to the
10 requesting organization.
11 Section 17. Subsection (8) of section 320.08056,
12 Florida Statutes, is amended to read:
13 320.08056 Specialty license plates.--
14 (8)(a) The department must discontinue the issuance of
15 an approved specialty license plate if, after the second year
16 of sales, the number of currently outstanding and valid
17 specialty license plates for any particular organization
18 provided for in this chapter is less than 8,000. The
19 department shall notify the organization that if the number is
20 less than 8,000 1 year after the date of the notification, the
21 department will no longer issue or replace those specialty
22 license plates. :
23 1. Less than 8,000 plates, including annual renewals,
24 are issued for that specialty license plate by the end of the
25 5th year of sales.
26 2. Less than 8,000 plates, including annual renewals,
27 are issued for that specialty license plate during any
28 subsequent 5-year period.
29 (b) The department is authorized to discontinue the
30 issuance of a specialty license plate and distribution of
31 associated annual use fee proceeds if the organization no
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Bill No. CS for CS for SB 1168
Amendment No. ___ Barcode 972906
1 longer exists, if the organization has stopped providing
2 services that are authorized to be funded from the annual use
3 fee proceeds, or pursuant to an organizational recipient's
4 request. Organizations are required to notify the department
5 immediately to stop all warrants for plate sales if any of the
6 conditions in this section exist, and must meet the
7 requirements of s. 320.08062 for any period of operation
8 during a fiscal year.
9 (c) The requirements of paragraph (a) shall not apply
10 to collegiate specialty license plates authorized in s.
11 320.08058(3), (13), (21), and (26).
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13 (Redesignate subsequent sections.)
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 2, line 12, after the semicolon,
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20 insert:
21 amending s. 320.0706, F.S.; providing for
22 display of license plate on wreckers; amending
23 s. 320.08053, F.S.; revising requirements for
24 establishing a specialty license plate;
25 providing procedures and timeframes; requiring
26 submission of a sample plate; requiring a
27 financial analysis of anticipated revenues and
28 expenditures; requiring submission of prepaid
29 applications; providing for content of prepaid
30 applications; providing for legislative
31 approval; requiring the Department of Highway
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SENATE AMENDMENT
Bill No. CS for CS for SB 1168
Amendment No. ___ Barcode 972906
1 Safety and Motor Vehicles to issue plates
2 within a specified time period; authorizing the
3 department to retain prepayments to cover
4 certain costs; requiring refund of prepaid
5 applications under certain circumstances;
6 providing for a minimum number of prepaid
7 applications; providing for quarterly reports
8 to the department; providing procedures and
9 requirements for collection of payments for
10 prepaid applications; authorizing the
11 department to audit organizations collecting
12 prepaid applications; amending s. 320.08056,
13 F.S.; revising conditions and procedures for
14 discontinuance of specialty license plates;
15 deleting an exemption from the provisions for
16 discontinuance of specialty license plates;
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