HB 1779 2003
1	A bill to be entitled
2	An act relating to specialty license plates; amending s.
3	320.08053, F.S.; revising requirements for establishing a
4	specialty license plate; providing procedures and
5	timeframes; requiring submission of a sample plate;
6	requiring a financial analysis of anticipated revenues and
7	expenditures; requiring submission of prepaid
8	applications; providing for content of prepaid
9	applications; providing for legislative approval;
10	requiring the Department of Highway Safety and Motor
11	Vehicles to issue plates within a specified time period;
12	authorizing the department to retain prepayments to cover
13	certain costs; requiring refund of prepaid applications
14	under certain circumstances; providing for a minimum
15	number of prepaid applications; providing for quarterly
16	reports to the department; providing procedures and
17	requirements for collection of payments for prepaid
18	applications; authorizing the department to audit
19	organizations collecting prepaid applications; amending s.
20	320.08056, F.S.; providing annual use fees for specified
21	specialty license plates; revising conditions and
22	procedures for discontinuance of specialty license plates;
23	deleting an exemption from the provisions for
24	discontinuance of specialty license plates; amending s.
25	320.08058, F.S.; creating the UNITY license plate, the
26	Family Values license plate, and the Parents Make A
27	Difference license plate; providing for the distribution
28	of annual use fees received from the sale of such plates;
29	providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1. Section 320.08053, Florida Statutes, is amended
34	to read:
35	320.08053 Requirements for requests to establish specialty
36	license plates.--
37	(1) An organization that seeks authorization to establish
38	a new specialty license plate for which an annual use fee is to
39	be charged must submit to the department:
40	(a) A request for the particular specialty license plate
41	being sought, describing the proposed specialty license plate in
42	specificgeneral terms, including a sample plate as it will
43	appear in final form and conforming to the specifications set by
44	the department and this chapter.
45	(b) A financial analysis outlining the anticipated
46	revenues and the planned expenditures of the revenues to be
47	derived from the sale of the requested specialty license plate
48	The results of a scientific sample survey of Florida motor
49	vehicle owners that indicates at least 15,000 motor vehicle
50	owners intend to purchase the proposed specialty license plate
51	at the increased cost. The sample survey of registered motor
52	vehicle owners must be performed independently of the requesting
53	organization by an organization that conducts similar sample
54	surveys as a normal course of business. Prior to conducting a
55	sample survey for the purposes of this section, a requesting
56	organization must obtain a determination from the department
57	that the organization selected to conduct the survey performs
58	similar surveys as a normal course of business and is
59	independent of the requesting organization.
60	(c) An application fee, not to exceed $60,000, to defray
61	the department's cost for reviewing the application and
62	developing the specialty license plate, if authorized. State
63	funds may not be used to pay the application fee, except for
64	collegiate specialty license plates authorized in s.
65	320.08058(3) and (13). The specialty license plate application
66	provisions of this act shall not apply to any organization which
67	has requested and received the required forms for obtaining a
68	specialty license plate authorization from the Department of
69	Highway Safety and Motor Vehicles, has opened a bank account for
70	the funds collected for the specialty license tag and has made
71	deposits to such an account, and has obtained signatures toward
72	completing the requirements for the specialty license tag. All
73	applications requested on or after the effective date of this
74	act must meet the requirements of this act.
75	(d) A marketing strategy outlining short-term and long-
76	term marketing plans for the requested specialty license plate
77	and a financial analysis outlining the anticipated revenues and
78	the planned expenditures of the revenues to be derived from the
79	sale of the requested specialty license plates.
80
81	The information required under this subsection must be submitted
82	to the department at least 90 days before the convening of the
83	next regular session of the Legislature.
84	(2) From the date the request for the specialty license
85	plate is acknowledged in writing by the department, the
86	organization seeking to establish the new plate shall have 24
87	months to submit to the department no less than 8,000 prepaid
88	applications for the particular plate being proposed, along with
89	any necessary fees. Applications submitted to the department
90	must:
91	(a) Include the applicant's name and address and the
92	current Florida license plate number that is to be replaced by
93	the proposed specialty license plate.
94	(b) Be forwarded to the department, collectively, in
95	electronic format as determined by the department.
96	(c) Be accompanied by all prepayments for the proposed
97	specialty license plate collected by the organization.
98	(3) Upon compliance with subsection (2), the organization
99	requesting the specialty license plate may seek legislative
100	approval of the plate. From the date of enactment of the
101	specialty license plate by the Legislature, the department shall
102	begin issuing the approved plates within 1 year to all prepaid
103	applicants and provide additional plates for purchase. Upon
104	enactment of the specialty license plate, the department is
105	authorized to retain prepayment amounts sufficient to cover its
106	costs incurred developing the plate; however, the department may
107	not retain an amount greater than $60,000. If the proposed
108	specialty license plate is not enacted by the Legislature, the
109	department shall return to the organization all applications and
110	prepayments submitted by the organization, and the organization
111	shall immediately refund to all applicants any payments that
112	have been collected.
113	(4) If, after 24 months, the organization seeking to
114	establish the new specialty license plate has not obtained at
115	least 8,000 prepaid applications, the organization shall
116	immediately refund to all applicants any fees or deposits that
117	have been collected.
118	(5) After the department has acknowledged in writing the
119	organization's request to establish a new specialty license
120	plate, the organization requesting the plate shall file
121	quarterly financial reports to the department detailing all
122	collections made in conjunction with the proposed plate. The
123	department shall determine the form and content of the reports.
124	All payments collected must be deposited in a separate account
125	maintained by the organization solely for receipt of prepaid
126	application fees and shall not be commingled with other funds of
127	the organization. The department is authorized to conduct any
128	audits necessary to verify the accuracy of the quarterly reports
129	If the specialty license plate requested by the organization is
130	approved by law, the organization must submit the proposed art
131	design for the specialty license plate to the department as soon
132	as practicable, but no later than 60 days after the act
133	approving the specialty license plate becomes a law. If the
134	specialty license plate requested by the organization is not
135	approved by the Legislature, the application fee shall be
136	refunded to the requesting organization.
137	Section 2. Paragraphs (mm), (nn), and (oo) are added to
138	subsection (4) of section 320.08056, Florida Statutes, and
139	subsection (8) of said section is amended, to read:
140	320.08056 Specialty license plates.--
141	(4) The following license plate annual use fees shall be
142	collected for the appropriate specialty license plates:
143	(mm) UNITY license plate, $25.
144	(nn) Family Values license plate, $25.
145	(oo) Parents Make A Difference license plate, $25.
146	(8)(a) The department must discontinue the issuance of an
147	approved specialty license plate if, after the second year of
148	sales, the number of currently outstanding and valid specialty
149	license plates for any particular organization provided for in
150	this chapter is less than 8,000. The department shall notify the
151	organization that if the number is less than 8,000 1 year after
152	the date of the notification, the department will no longer
153	issue or replace those specialty license plates.:
154	1. Less than 8,000 plates, including annual renewals, are
155	issued for that specialty license plate by the end of the 5th
156	year of sales.
157	2. Less than 8,000 plates, including annual renewals, are
158	issued for that specialty license plate during any subsequent 5-
159	year period.
160	(b) The department is authorized to discontinue the
161	issuance of a specialty license plate and distribution of
162	associated annual use fee proceeds if the organization no longer
163	exists, if the organization has stopped providing services that
164	are authorized to be funded from the annual use fee proceeds, or
165	pursuant to an organizational recipient's request. Organizations
166	are required to notify the department immediately to stop all
167	warrants for plate sales if any of the conditions in this
168	section exist, and must meet the requirements of s. 320.08062
169	for any period of operation during a fiscal year.
170	(c) The requirements of paragraph (a) shall not apply to
171	collegiate specialty license plates authorized in s.
172	320.08058(3), (13), (21), and (26).
173	Section 3. Subsections (39), (40), and (41) are added to
174	section 320.08058, Florida Statutes, to read:
175	320.08058 Specialty license plates.--
176	(39) UNITY LICENSE PLATES.--
177	(a) The department shall develop a UNITY license plate as
178	provided in this section. The word "Florida" must appear at the
179	top of the plate, and the word "UNITY" must appear at the bottom
180	of the plate.
181	(b) The annual use fees shall be distributed to the
182	British-American Foundation, Inc. Up to 25 percent of such funds
183	shall be used for marketing and promotion of the "UNITY" concept
184	and license plate. The remaining funds shall be used in the
185	following manner:
186	1. Twenty-five percent shall be used to establish and
187	administer advice centers that will provide informative and
188	educational informational materials and referral services to
189	assist recently arrived residents, prospective residents, and
190	individuals in adapting to living, working, and doing business
191	in the State of Florida, particularly to prevent fraudulent
192	conduct.
193	2. Twenty-five percent shall be distributed as grants as
194	determined by an internal review committee to organizations
195	whose efforts are specifically directed towards protecting
196	Florida residents from fraudulent business practices, corporate
197	scams, identity theft, and other fraud.
198	3. Ten percent shall be distributed to identified agencies
199	to assist them with efforts that are specifically directed
200	toward providing Florida residents with a toll-free hotline to
201	fight fraud and corporate scams.
202	4. Ten percent shall be used to pay the cost of
203	professional advice and guidance to protect Florida residents
204	from fraudulent business practices, to promote ethical business
205	practices, and to provide informational seminars disseminating
206	information and materials to prevent fraudulent conduct.
207	5. Five percent shall be expended by the British-American
208	Foundation, Inc., for administrative costs directly associated
209	with the foundation's operations as they relate to its goals of
210	fighting fraud.
211	(40) FAMILY VALUES LICENSE PLATES.--
212	(a) The department shall develop a Family Values license
213	plate as provided in this section. The words "Family Values"
214	must appear at the top of the plate, and the word "Florida" must
215	appear at the bottom of the plate.
216	(b) The annual use fees shall be distributed to Sheridan
217	House, Inc., to fund residential care programs, family
218	counseling, social services for single parents and their
219	children, resources materials, and facility construction.
220	Sheridan House, Inc., shall distribute the Family Values license
221	plate annual use fees in the following manner:
222	1. Sheridan House, Inc., shall retain all revenues from
223	the sale of such plates until all startup costs for developing
224	and establishing the plates have been recovered.
225	2. Up to 5 percent of the funds received by Sheridan
226	House, Inc., shall be expended for administrative costs directly
227	associated with the operations of Sheridan House, Inc., and up
228	to 20 percent of the funds received shall be expended for
229	promotion and marketing of the license plate.
230	3. All remaining funds shall be expended by Sheridan
231	House, Inc., for programs.
232	(41) PARENTS MAKE A DIFFERENCE LICENSE PLATES.--
233	(a) The department shall develop a Parents Make A
234	Difference license plate as provided in this section. The words
235	"Parents Make A Difference" must appear at the top of the plate,
236	and the word "Florida" must appear at the bottom of the plate.
237	(b) The annual use fees shall be distributed to The
238	Gathering/USA, Inc., to fund personal counseling for parents,
239	marriage seminars, Dads and Moms That Make A Difference
240	seminars, father-and-son retreats, mother-and-daughter retreats,
241	and personal parenting behavioral assessments. The
242	Gathering/USA, Inc., shall distribute the Parents Make A
243	Difference license plate annual use fees in the following
244	manner:
245	1. The Gathering/USA, Inc., shall retain all revenues from
246	the sale of such plates until all startup costs for developing
247	and establishing the plates have been recovered.
248	2. Up to 5 percent of the funds received by The
249	Gathering/USA, Inc., shall be expended for administrative costs
250	directly associated with the operations of The Gathering/USA,
251	Inc., and up to 20 percent of the funds received shall be
252	expended for promotion and marketing of the license plate.
253	3. All remaining funds shall be expended by The
254	Gathering/USA, Inc., for programs.
255	Section 4. This act shall take effect October 1, 2003.