| 1 | A bill to be entitled |
| 2 | An act relating to license plates; amending s. 320.08053, |
| 3 | F.S.; revising requirements for establishing a specialty |
| 4 | license plate; requiring submission of a sample plate; |
| 5 | requiring a certain number of plates to be sold prior to |
| 6 | seeking legislative approval; providing for collection of |
| 7 | the use fee for the proposed plate in the local tax |
| 8 | collector's office; providing for retention of presale |
| 9 | amounts by the Department of Highway Safety and Motor |
| 10 | Vehicles to offset costs; providing for refund of annual |
| 11 | use fees in the event a proposed specialty license plate |
| 12 | is not approved by law; requiring the department to adopt |
| 13 | rules relating to design specifications for specialty |
| 14 | license plates; amending s. 320.08056, F.S.; revising |
| 15 | provisions for the issuance of specialty license plates; |
| 16 | revising design requirements; revising the retention and |
| 17 | distribution requirements for annual use fees; revising |
| 18 | conditions and procedures for discontinuation of specialty |
| 19 | license plates; amending s. 320.08062, F.S.; revising |
| 20 | provisions for audits and attestations required of |
| 21 | entities receiving specialty license plate annual use |
| 22 | fees; requiring all state agencies and organizations |
| 23 | receiving use fee proceeds to make annual attestations; |
| 24 | providing for form and content of attestations; amending |
| 25 | s. 320.20, F.S.; providing for a portion of license tax |
| 26 | revenue to be deposited into the Highway Safety Operating |
| 27 | Trust Fund for certain purposes; requiring the department, |
| 28 | in cooperation with local tax collectors and the Prison |
| 29 | Rehabilitative Industries and Diversified Enterprises, |
| 30 | Inc., to study the possibility of using direct-to-customer |
| 31 | distribution; requiring an analysis of the impact of |
| 32 | certain technologies; requiring the department to report |
| 33 | its findings to the Legislature; providing an effective |
| 34 | date. |
| 35 |
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| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
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| 38 | Section 1. Section 320.08053, Florida Statutes, is amended |
| 39 | to read: |
| 40 | 320.08053 Requirements for requests to establish specialty |
| 41 | license plates.-- |
| 42 | (1) An organization that seeks authorization to establish |
| 43 | a new specialty license plate for which an annual use fee is to |
| 44 | be charged must submit to the department: |
| 45 | (a) Submit a written request to the department for the |
| 46 | particular specialty license plate being sought, describing the |
| 47 | proposed specialty license plate in specific general terms, |
| 48 | including a sample plate as it will appear in final form and |
| 49 | conforming to the specifications set by the department and this |
| 50 | chapter. |
| 51 | (b) Presell 15,000 specialty license plates within 1 year |
| 52 | after submission of the request as a condition for seeking |
| 53 | legislative authorization of the specialty license plate. The |
| 54 | annual use fee for the proposed specialty license plate shall be |
| 55 | collected in any of the local tax collectors' offices. Either |
| 56 | the specialty license plate requesting organization or the |
| 57 | prospective license plate purchaser may prepay the annual use |
| 58 | fee. The results of a scientific sample survey of Florida motor |
| 59 | vehicle owners that indicates at least 15,000 motor vehicle |
| 60 | owners intend to purchase the proposed specialty license plate |
| 61 | at the increased cost. The sample survey of registered motor |
| 62 | vehicle owners must be performed independently of the requesting |
| 63 | organization by an organization that conducts similar sample |
| 64 | surveys as a normal course of business. Prior to conducting a |
| 65 | sample survey for the purposes of this section, a requesting |
| 66 | organization must obtain a determination from the department |
| 67 | that the organization selected to conduct the survey performs |
| 68 | similar surveys as a normal course of business and is |
| 69 | independent of the requesting organization. |
| 70 | (c) An application fee, not to exceed $60,000, to defray |
| 71 | the department's cost for reviewing the application and |
| 72 | developing the specialty license plate, if authorized. State |
| 73 | funds may not be used to pay the application fee, except for |
| 74 | collegiate specialty license plates authorized in s. |
| 75 | 320.08058(3) and (13). The specialty license plate application |
| 76 | provisions of this act shall not apply to any organization which |
| 77 | has requested and received the required forms for obtaining a |
| 78 | specialty license plate authorization from the Department of |
| 79 | Highway Safety and Motor Vehicles, has opened a bank account for |
| 80 | the funds collected for the specialty license tag and has made |
| 81 | deposits to such an account, and has obtained signatures toward |
| 82 | completing the requirements for the specialty license tag. All |
| 83 | applications requested on or after the effective date of this |
| 84 | act must meet the requirements of this act. |
| 85 | (c)(d) Submit a marketing strategy to the department |
| 86 | outlining short-term and long-term marketing plans for the |
| 87 | requested specialty license plate and a financial analysis |
| 88 | outlining the anticipated revenues and the planned expenditures |
| 89 | of the revenues to be derived from the sale of the requested |
| 90 | specialty license plates. |
| 91 |
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| 92 | If, at least 90 days before the convening of the next regular |
| 93 | session of the Legislature, 15,000 specialty license plates are |
| 94 | presold and all other prequalification requirements are met, the |
| 95 | department shall notify the organization that it is eligible to |
| 96 | seek legislative authorization of the specialty license plate. |
| 97 | The information required under this subsection must be submitted |
| 98 | to the department at least 90 days before the convening of the |
| 99 | next regular session of the Legislature. |
| 100 | (2) After 15,000 specialty license plates have been |
| 101 | presold, the department may retain up to $60,000 of the presale |
| 102 | amounts collected to defray the department's cost for reviewing |
| 103 | the request and developing the specialty license plate. |
| 104 | (3)(2) If the specialty license plate requested by the |
| 105 | organization is approved by law, the organization must submit |
| 106 | the proposed art design for the specialty license plate to the |
| 107 | department, in a form prescribed by the department, as soon as |
| 108 | practicable, but no later than 60 days after the act approving |
| 109 | the specialty license plate becomes a law. If the specialty |
| 110 | license plate requested by the organization is not approved by |
| 111 | the Legislature, the presale amounts application fee shall be |
| 112 | credited toward the future registration of the registered motor |
| 113 | vehicle owner who prepaid the annual use fee for the requested |
| 114 | specialty license plate. If the registered motor vehicle owner |
| 115 | does not conduct a future registration transaction within 1 year |
| 116 | following the expiration of that owner's prior registration, the |
| 117 | annual use fee shall be refunded by the department to the |
| 118 | requesting organization or the prospective purchaser who |
| 119 | submitted the presale payment. |
| 120 | (4) The department shall adopt rules providing viewpoint- |
| 121 | neutral specifications for the design of specialty license |
| 122 | plates that promote or enhance the readability of all specialty |
| 123 | license plates and that discourage counterfeiting. The rules |
| 124 | shall provide uniform specifications requiring inclusion of the |
| 125 | word "Florida" in the same place on each specialty license |
| 126 | plate, in such a size and location that it is clearly |
| 127 | identifiable on each specialty license plate when mounted on a |
| 128 | vehicle, and shall provide specifications for the size and |
| 129 | location of any words or logos appearing on specialty license |
| 130 | plates. |
| 131 | Section 2. Subsections (6), (7), and (8) of section |
| 132 | 320.08056, Florida Statutes, are amended to read: |
| 133 | 320.08056 Specialty license plates.-- |
| 134 | (6) Specialty license plates must bear the design required |
| 135 | by law for the appropriate specialty license plate, and the |
| 136 | designs and colors must conform to the department's design |
| 137 | specifications be approved by the department. In addition to a |
| 138 | design, the specialty license plates may bear the imprint of |
| 139 | numerals from 1 to 999, inclusive, capital letters "A" through |
| 140 | "Z," or a combination thereof. The department shall determine |
| 141 | the maximum number of characters, including both numerals and |
| 142 | letters. All specialty license plates must be otherwise of the |
| 143 | same material and size as standard license plates issued for any |
| 144 | registration period. In small letters, the word "Florida" must |
| 145 | appear at either the bottom or top of the plate, depending upon |
| 146 | the design. In addition, A specialty license plate may bear an |
| 147 | appropriate slogan, emblem, or logo in a size and placement that |
| 148 | conform to the department's design specifications. |
| 149 | (7) The department shall annually retain from the first |
| 150 | proceeds derived from the annual use fees collected an amount |
| 151 | sufficient to defray each specialty plate's pro rata share of |
| 152 | the department's costs directly related to issuing the specialty |
| 153 | plate. Such costs shall include distribution costs, direct costs |
| 154 | to the department, costs associated with reviewing each |
| 155 | organization's compliance with audit and attestation |
| 156 | requirements of s. 320.08062, and any applicable increased costs |
| 157 | of manufacturing the specialty license plate. Any cost increase |
| 158 | to the department related to actual cost of the plate, including |
| 159 | a reasonable vendor profit, shall be verified by the Department |
| 160 | of Management Services. The balance of the proceeds from the |
| 161 | annual use fees collected for that specialty license plate shall |
| 162 | be distributed as provided by law. |
| 163 | (8)(a) The department shall issue a discontinuation |
| 164 | warning for a must discontinue the issuance of an approved |
| 165 | specialty license plate if, after 2 years of sales, the number |
| 166 | of valid plates for that particular specialty license plate is |
| 167 | less than 8,000. If the number of valid plates is less than |
| 168 | 8,000 12 months after the date on the discontinuation warning, |
| 169 | the department shall discontinue the issuance of that specialty |
| 170 | license plate.: |
| 171 | 1. Less than 8,000 plates, including annual renewals, are |
| 172 | issued for that specialty license plate by the end of the 5th |
| 173 | year of sales. |
| 174 | 2. Less than 8,000 plates, including annual renewals, are |
| 175 | issued for that specialty license plate during any subsequent 5- |
| 176 | year period. |
| 177 | (b) The department is authorized to discontinue the |
| 178 | issuance of a specialty license plate and distribution of |
| 179 | associated annual use fee proceeds if the organization no longer |
| 180 | exists, if the organization has stopped providing services that |
| 181 | are authorized to be funded from the annual use fee proceeds, or |
| 182 | pursuant to an organizational recipient's request. Organizations |
| 183 | are required to notify the department immediately to stop all |
| 184 | warrants for plate sales if any of the conditions in this |
| 185 | section exist, and must meet the requirements of s. 320.08062 |
| 186 | for any period of operation during a fiscal year. |
| 187 | (c) The requirements of paragraph (a) shall not apply to |
| 188 | collegiate specialty license plates authorized in s. |
| 189 | 320.08058(3), (13), (21), and (26). |
| 190 | Section 3. Subsection (1) of section 320.08062, Florida |
| 191 | Statutes, is amended to read: |
| 192 | 320.08062 Audits and attestations required; annual use |
| 193 | fees of specialty license plates.-- |
| 194 | (1)(a) All organizations and state agencies that receive |
| 195 | annual use fee proceeds from the department are responsible for |
| 196 | ensuring that proceeds are used in accordance with ss. 320.08056 |
| 197 | and 320.08058 and shall annually attest, under penalties of |
| 198 | perjury, that such proceeds were used in compliance with such |
| 199 | sections. The attestation shall be made annually in a form and |
| 200 | format determined by the department, which shall include, at a |
| 201 | minimum, identification of all revenue received by the agency or |
| 202 | organization from sales of the specialty license plate and a |
| 203 | categorical list of expenditures. |
| 204 | (b) Any organization not subject to audit pursuant to s. |
| 205 | 215.97 shall annually attest, under penalties of perjury, that |
| 206 | such proceeds were used in compliance with ss. 320.08056 and |
| 207 | 320.08058. The attestation shall be made annually in a form and |
| 208 | format determined by the department. |
| 209 | (b)(c) Any organization subject to audit pursuant to s. |
| 210 | 215.97 shall submit an audit report in accordance with rules |
| 211 | promulgated by the Auditor General in addition to the |
| 212 | attestation required under paragraph (a). The annual attestation |
| 213 | shall be submitted to the department for review within 9 months |
| 214 | after the end of the organization's fiscal year. |
| 215 | Section 4. Subsection (1) of section 320.20, Florida |
| 216 | Statutes, is amended to read: |
| 217 | 320.20 Disposition of license tax moneys.--The revenue |
| 218 | derived from the registration of motor vehicles, including any |
| 219 | delinquent fees and excluding those revenues collected and |
| 220 | distributed under the provisions of s. 320.081, must be |
| 221 | distributed monthly, as collected, as follows: |
| 222 | (1)(a) The first proceeds, to the extent necessary to |
| 223 | comply with the provisions of s. 18, Art. XII of the State |
| 224 | Constitution of 1885, as adopted by s. 9(d), Art. XII, 1968 |
| 225 | revised constitution, and the additional provisions of s. 9(d) |
| 226 | and s. 1010.57, must be deposited in the district Capital Outlay |
| 227 | and Debt Service School Trust Fund. |
| 228 | (b) After the first proceeds are deposited pursuant to |
| 229 | paragraph (a), $1 of the license tax payment for each |
| 230 | registration or renewal of registration provided for in s. |
| 231 | 320.08 shall be deposited into the Highway Safety Operating |
| 232 | Trust Fund and shall be used to support state law enforcement |
| 233 | officer recruitment and retention salary programs. |
| 234 | Section 5. The Department of Highway Safety and Motor |
| 235 | Vehicles shall, in cooperation with representatives of the local |
| 236 | tax collectors and with Prison Rehabilitative Industries and |
| 237 | Diversified Enterprises, Inc., at Union Correctional Facility, |
| 238 | study the operational and economic feasibility of direct-to- |
| 239 | customer delivery of specialty license plates. The study shall |
| 240 | include, but not be limited to, an analysis of the potential |
| 241 | operational and economic impact of various manufacturing, |
| 242 | inventory control, and product distribution technologies on the |
| 243 | specialty license plate program. The department shall report its |
| 244 | findings to the President of the Senate and the Speaker of the |
| 245 | House of Representatives no later than December 31, 2004. |
| 246 | Section 6. This act shall take effect July 1, 2004. |