HB 1049CS

CHAMBER ACTION




2The Committee on Finance & Tax recommends the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to specialty license plates; amending s.
8320.08053, F.S.; revising requirements for establishing a
9specialty license plate; requiring submission of a sample
10plate; revising sample survey requirements; defining
11"scientific sample survey"; requiring the Department of
12Highway Safety and Motor Vehicles to adopt rules for
13design specifications; amending s. 320.08056, F.S.;
14revising requirements for the design of specialty license
15plates; revising provisions for the department to retain
16certain proceeds to defray costs; revising conditions and
17procedures for the discontinuation of specialty license
18plates; amending s. 320.08062, F.S.; revising provisions
19for audits and attestations required of entities receiving
20specialty license plate annual use fees; requiring all
21organizations and state agencies receiving annual use fee
22proceeds to make annual attestations; providing for form
23and content of attestations; requiring the department, in
24cooperation with local tax collectors and Prison
25Rehabilitative Industries and Diversified Enterprises,
26Inc., to study the possibility of using direct-to-customer
27distribution; requiring an analysis of the impact of
28certain technologies; requiring the department to report
29its findings to the Legislature; providing an effective
30date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Section 320.08053, Florida Statutes, is amended
35to read:
36     320.08053  Requirements for requests to establish specialty
37license plates.--
38     (1)  An organization that seeks authorization to establish
39a new specialty license plate for which an annual use fee is to
40be charged must submit to the department:
41     (a)  A request for the particular specialty license plate
42being sought, describing the proposed specialty license plate in
43specific general terms, including a sample plate that conforms
44to the specifications set by the department and this chapter and
45that is in substantially final form.
46     (b)  The results of a scientific sample survey of Florida
47motor vehicle owners that indicates at least 30,000 15,000 motor
48vehicle owners intend to purchase the proposed specialty license
49plate at the increased cost. As used in this paragraph, the term
50"scientific sample survey" means information that is gathered
51from a representative subset of the population as a whole. The
52sample survey of registered motor vehicle owners must be
53performed independently of the requesting organization by an
54organization that conducts similar sample surveys as a normal
55course of business. Prior to conducting a sample survey for the
56purposes of this section, a requesting organization must obtain
57a determination from the department that the organization
58selected to conduct the survey performs similar surveys as a
59normal course of business and is independent of the requesting
60organization. The methodology, results, and any evaluation by
61the department of the scientific sample survey shall be
62validated by the Auditor General as a condition precedent to
63submission of the specialty license plate for approval by the
64Legislature.
65     (c)  An application fee, not to exceed $60,000, to defray
66the department's cost for reviewing the application and
67developing the specialty license plate, if authorized. State
68funds may not be used to pay the application fee, except for
69collegiate specialty license plates authorized in s.
70320.08058(3) and (13). The specialty license plate application
71provisions of this act shall not apply to any organization which
72has requested and received the required forms for obtaining a
73specialty license plate authorization from the Department of
74Highway Safety and Motor Vehicles, has opened a bank account for
75the funds collected for the specialty license tag and has made
76deposits to such an account, and has obtained signatures toward
77completing the requirements for the specialty license tag. All
78applications requested on or after the effective date of this
79act must meet the requirements of this act.
80     (d)  A marketing strategy outlining short-term and long-
81term marketing plans for the requested specialty license plate
82and a financial analysis outlining the anticipated revenues and
83the planned expenditures of the revenues to be derived from the
84sale of the requested specialty license plates.
85
86The information required under this subsection must be submitted
87to the department at least 90 days before the convening of the
88next regular session of the Legislature.
89     (2)  If the specialty license plate requested by the
90organization is approved by law, the organization must submit
91the proposed art design for the specialty license plate to the
92department, in a medium prescribed by the department, as soon as
93practicable, but no later than 60 days after the act approving
94the specialty license plate becomes a law. If the specialty
95license plate requested by the organization is not approved by
96the Legislature, the application fee shall be refunded to the
97requesting organization.
98     (3)  The department shall adopt rules providing viewpoint-
99neutral specifications for the design of specialty license
100plates that promote or enhance the readability of all specialty
101license plates and that discourage counterfeiting. The rules
102shall provide uniform specifications requiring inclusion of the
103word "Florida" in the same location on each specialty license
104plate, in such a size and location that is clearly identifiable
105on the specialty license plate when mounted on a vehicle, and
106shall provide specifications for the size and location of any
107words or logos appearing on a specialty license plate.
108     Section 2.  Subsections (6), (7), and (8) of section
109320.08056, Florida Statutes, are amended to read:
110     320.08056  Specialty license plates.--
111     (6)  Specialty license plates must bear the design required
112by law for the appropriate specialty license plate, and the
113designs and colors must conform to the department's design
114specifications be approved by the department. In addition to a
115design, the specialty license plates may bear the imprint of
116numerals from 1 to 999, inclusive, capital letters "A" through
117"Z," or a combination thereof. The department shall determine
118the maximum number of characters, including both numerals and
119letters. All specialty license plates must be otherwise of the
120same material and size as standard license plates issued for any
121registration period. In small letters, the word "Florida" must
122appear at either the bottom or top of the plate, depending upon
123the design. In addition, A specialty license plate may bear an
124appropriate slogan, emblem, or logo in a size and placement that
125conforms to the department's design specifications.
126     (7)  The department shall annually retain from the first
127proceeds derived from the annual use fees collected an amount
128sufficient to defray each specialty plate's pro rata share of
129the department's costs directly related to issuing the specialty
130license plate program. Such costs shall include inventory costs,
131distribution costs, direct costs to the department, costs
132associated with reviewing each organization's compliance with
133the audit and attestation requirements of s. 320.08062, and any
134applicable increased costs of manufacturing the specialty
135license plate. Any cost increase to the department related to
136actual cost of the plate, including a reasonable vendor profit,
137shall be verified by the Department of Management Services. The
138balance of the proceeds from the annual use fees collected for
139that specialty license plate shall be distributed as provided by
140law.
141     (8)(a)  The department must discontinue the issuance of an
142approved specialty license plate if the number of valid
143specialty plate registrations falls below 2,000 for at least 12
144consecutive months. A warning letter shall be mailed to the
145sponsoring organization following the first month in which the
146total number of valid specialty plate registrations is below
1472,000.:
148     1.  Less than 8,000 plates, including annual renewals, are
149issued for that specialty license plate by the end of the 5th
150year of sales.
151     2.  Less than 8,000 plates, including annual renewals, are
152issued for that specialty license plate during any subsequent 5-
153year period.
154     (b)  The department is authorized to discontinue the
155issuance of a specialty license plate and distribution of
156associated annual use fee proceeds if the organization no longer
157exists, if the organization has stopped providing services that
158are authorized to be funded from the annual use fee proceeds, or
159pursuant to an organizational recipient's request. Organizations
160are required to notify the department immediately to stop all
161warrants for plate sales if any of the conditions in this
162section exist, and must meet the requirements of s. 320.08062
163for any period of operation during a fiscal year.
164     (c)  The requirements of paragraph (a) shall not apply to
165collegiate specialty license plates authorized in s.
166320.08058(3), (13), (21), and (26).
167     Section 3.  Subsection (1) of section 320.08062, Florida
168Statutes, is amended to read:
169     320.08062  Audits and attestations required; annual use
170fees of specialty license plates.--
171     (1)(a)  All organizations and state agencies that receive
172annual use fee proceeds from the department are responsible for
173ensuring that proceeds are used in accordance with ss. 320.08056
174and 320.08058 and shall annually attest, under penalties of
175perjury, that such proceeds were used in compliance with ss.
176320.08056 and 320.08058. The attestation shall be made annually
177in a form and format determined by the department and must
178include, at a minimum, identification of all revenue received by
179the organization or agency from sales of the specialty license
180plate and a categorical list of expenditures.
181     (b)  Any organization not subject to audit pursuant to s.
182215.97 shall annually attest, under penalties of perjury, that
183such proceeds were used in compliance with ss. 320.08056 and
184320.08058. The attestation shall be made annually in a form and
185format determined by the department.
186     (b)(c)  Any organization subject to audit pursuant to s.
187215.97 shall submit an audit report in accordance with rules
188promulgated by the Auditor General in addition to the
189attestation required under paragraph (a). The annual attestation
190shall be submitted to the department for review within 9 months
191after the end of the organization's fiscal year.
192     Section 4.  The Department of Highway Safety and Motor
193Vehicles shall, in cooperation with representatives of the local
194tax collectors and with Prison Rehabilitative Industries and
195Diversified Enterprises, Inc., at Union Correctional Facility,
196study the operational and economic feasibility of direct-to-
197customer delivery of specialty license plates. The study shall
198include, but not be limited to, an analysis of the potential
199operational and economic impact of various manufacturing,
200inventory control, and product distribution technologies on the
201specialty license plate program. The department shall report its
202findings to the President of the Senate and the Speaker of the
203House of Representatives no later than December 31, 2004.
204     Section 5.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.