Senate Bill sb2024

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    Florida Senate - 2004                                  SB 2024

    By Senator Campbell





    32-1238A-04

  1                      A bill to be entitled

  2         An act relating to the specialty license plate

  3         program; amending s. 320.08053, F.S.; revising

  4         requirements for establishing a specialty

  5         license plate; requiring the submission of a

  6         sample plate; requiring a financial analysis of

  7         anticipated revenues and expenditures;

  8         requiring the submission of prepaid

  9         applications; providing for the retention by

10         the Department of Highway Safety and Motor

11         Vehicles of amounts sufficient to offset

12         application and development costs; providing

13         for the refund of annual use fees if a

14         specialty license plate is not authorized or

15         enacted; requiring the department to adopt

16         rules, including rules specifying

17         viewpoint-neutral design specifications for

18         specialty license plates; amending s.

19         320.08056, F.S.; revising requirements for

20         issuing specialty license plates; revising

21         design requirements for such plates; revising

22         the retention and distribution requirements for

23         annual use fees; revising conditions and

24         procedures for the discontinuation of specialty

25         license plates; amending s. 320.08062, F.S.;

26         revising provisions for audits and attestations

27         required of entities receiving annual use fees

28         from specialty license plates; requiring the

29         department, in cooperation with local tax

30         collectors and PRIDE, to study the possibility

31         of using direct-to-customer distribution;

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    Florida Senate - 2004                                  SB 2024
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 1         requiring the department to report the results

 2         to the Legislature by a specified date;

 3         providing an effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Section 320.08053, Florida Statutes, is

 8  amended to read:

 9         320.08053  Requirements for requests to establish

10  specialty license plates.--

11         (1)  An organization that seeks authorization to

12  establish a new specialty license plate for which an annual

13  use fee is to be charged must submit to the department:

14         (a)  Submit to the department a written request for the

15  particular specialty license plate being sought, describing

16  the proposed specialty license plate in specific general

17  terms, including a sample plate as it will appear in final

18  form, which must conform to the specifications set by the

19  department and this chapter.

20         (b)  Presell 15,000 specialty license plates within 1

21  year as a condition for seeking legislative authorization of

22  the specialty license plate. The annual use fee for the

23  proposed specialty license plate shall be collected in any of

24  the local tax collectors' offices. Either the organization

25  applying for the specialty license plate or the prospective

26  purchaser of the license plate may prepay the annual use fee.

27  The results of a scientific sample survey of Florida motor

28  vehicle owners that indicates at least 15,000 motor vehicle

29  owners intend to purchase the proposed specialty license plate

30  at the increased cost. The sample survey of registered motor

31  vehicle owners must be performed independently of the

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    Florida Senate - 2004                                  SB 2024
    32-1238A-04




 1  requesting organization by an organization that conducts

 2  similar sample surveys as a normal course of business. Prior

 3  to conducting a sample survey for the purposes of this

 4  section, a requesting organization must obtain a determination

 5  from the department that the organization selected to conduct

 6  the survey performs similar surveys as a normal course of

 7  business and is independent of the requesting organization.

 8         (c)  An application fee, not to exceed $60,000, to

 9  defray the department's cost for reviewing the application and

10  developing the specialty license plate, if authorized. State

11  funds may not be used to pay the application fee, except for

12  collegiate specialty license plates authorized in s.

13  320.08058(3) and (13). The specialty license plate application

14  provisions of this act shall not apply to any organization

15  which has requested and received the required forms for

16  obtaining a specialty license plate authorization from the

17  Department of Highway Safety and Motor Vehicles, has opened a

18  bank account for the funds collected for the specialty license

19  tag and has made deposits to such an account, and has obtained

20  signatures toward completing the requirements for the

21  specialty license tag. All applications requested on or after

22  the effective date of this act must meet the requirements of

23  this act.

24         (c)(d)  Submit to the department a marketing strategy

25  outlining short-term and long-term marketing plans for the

26  requested specialty license plate and a financial analysis

27  outlining the anticipated revenues and the planned

28  expenditures of the revenues to be derived from the sale of

29  the requested specialty license plates.

30  

31  

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    Florida Senate - 2004                                  SB 2024
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 1  If, at least 90 days before the convening of the next regular

 2  session of the Legislature, at least 15,000 specialty license

 3  plates have been presold, and all other prequalification

 4  requirements have been met, the department shall notify the

 5  organization that it is eligible to seek legislative

 6  authorization of the specialty license plate.

 7         (2)  After 15,000 specialty license plates have been

 8  presold, the department may retain up to $60,000 of the

 9  presales amounts collected to defray the department's cost for

10  reviewing the application and developing the specialty license

11  plate.

12  

13  The information required under this subsection must be

14  submitted to the department at least 90 days before the

15  convening of the next regular session of the Legislature.

16         (3)(2)  If the specialty license plate requested by the

17  organization is approved by law, the organization must submit

18  the proposed art design for the specialty license plate to the

19  department, in a form prescribed by the department, as soon as

20  practicable, but no later than 60 days after the act approving

21  the specialty license plate becomes a law.  If the specialty

22  license plate requested by the organization is not approved by

23  the Legislature, the presales amount application fee shall be

24  credited toward the future registration of the registered

25  motor vehicle owner who paid the annual use fee for the

26  requested specialty license plate refunded to the requesting

27  organization. If the registered motor vehicle owner does not

28  conduct a future registration transaction within 1 year after

29  the expiration of that owner's previous registration, the

30  annual use fee must be refunded by the department to the

31  

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    Florida Senate - 2004                                  SB 2024
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 1  applicant organization or to the prospective purchaser who

 2  submitted the presales payment.

 3         (4)  The department shall adopt, under chapter 120,

 4  rules that provide viewpoint-neutral specifications for the

 5  design of specialty license plates, that promote or enhance

 6  the readability of all specialty license plates, and that

 7  discourage counterfeiting. The rules must provide uniform

 8  specifications, must require the inclusion of the word

 9  "Florida" in the same place on each specialty license plate

10  and in such a size and location that it is clearly

11  identifiable on each specialty license plate when the plate is

12  mounted on a vehicle, and must provide specifications for the

13  size and location of any words or logos appearing on specialty

14  license plates.

15         Section 2.  Subsections (6), (7), and (8) of section

16  320.08056, Florida Statutes, are amended to read:

17         320.08056  Specialty license plates.--

18         (6)  Specialty license plates must bear the design

19  required by law for the appropriate specialty license plate,

20  and the designs and colors must conform to the department's

21  design specifications be approved by the department.  In

22  addition to a design, the specialty license plates may bear

23  the imprint of numerals from 1 to 999, inclusive, capital

24  letters "A" through "Z," or a combination thereof.  The

25  department shall determine the maximum number of characters,

26  including both numerals and letters.  All specialty license

27  plates must be otherwise of the same material and size as

28  standard license plates issued for any registration period.

29  In small letters, the word "Florida" must appear at either the

30  bottom or top of the plate, depending upon the design.  In

31  addition, A specialty license plate may bear an appropriate

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    Florida Senate - 2004                                  SB 2024
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 1  slogan, emblem, or logo in a size and placement that conforms

 2  to the department's design specifications.

 3         (7)  The department shall annually retain from the

 4  first proceeds derived from the annual use fees collected an

 5  amount sufficient to defray each specialty plate's pro rata

 6  share of the department's costs directly related to issuing

 7  the specialty plate. Such costs shall include distribution

 8  costs, direct costs to the department, costs associated with

 9  reviewing each organization's compliance with the audit and

10  attestation requirements of s. 320.08062, and any applicable

11  increased costs of manufacturing the specialty license plate.

12  Any cost increase to the department related to actual cost of

13  the plate, including a reasonable vendor profit, shall be

14  verified by the Department of Management Services. Thereafter,

15  10 percent of the proceeds from the annual use fees collected

16  for each specialty license plate enacted after October 1,

17  2004, shall be deposited into the Highway Safety Operating

18  Trust Fund and shall be used to support the department's

19  Florida Highway Patrol Recruitment and Retention Salary

20  Program. The balance of the proceeds from the annual use fees

21  collected for that specialty license plate shall be

22  distributed as provided by law.

23         (8)(a)  The department shall issue a discontinuation

24  warning for a must discontinue the issuance of an approved

25  specialty license plate if, 2 years after the date of

26  enactment, the number of valid plates for that specialty

27  license plate is fewer than 8,000. If the number of valid

28  plates is fewer than 8,000 12 months after the date of the

29  discontinuation warning, the department shall discontinue

30  issuing that specialty license plate.:

31  

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    Florida Senate - 2004                                  SB 2024
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 1         1.  Less than 8,000 plates, including annual renewals,

 2  are issued for that specialty license plate by the end of the

 3  5th year of sales.

 4         2.  Less than 8,000 plates, including annual renewals,

 5  are issued for that specialty license plate during any

 6  subsequent 5-year period.

 7         (b)  The department may is authorized to discontinue

 8  the issuance of a specialty license plate and distribution of

 9  associated annual use fee proceeds if the organization no

10  longer exists, if the organization has stopped providing

11  services that are authorized to be funded from the annual use

12  fee proceeds, or pursuant to an organizational recipient's

13  request. Organizations shall are required to notify the

14  department immediately to stop all warrants for plate sales if

15  any of the conditions in this section exist, and must meet the

16  requirements of s. 320.08062 for any period of operation

17  during a fiscal year.

18         (c)  The requirements of Paragraph (a) does shall not

19  apply to collegiate specialty license plates authorized in s.

20  320.08058(3), (13), (21), and (26).

21         Section 3.  Subsection (1) of section 320.08062,

22  Florida Statutes, is amended to read:

23         320.08062  Audits and attestations required; annual use

24  fees of specialty license plates.--

25         (1)(a)  All organizations and state agencies that

26  receive annual use fee proceeds from the department are

27  responsible for ensuring that the proceeds are used in

28  accordance with ss. 320.08056 and 320.08058, and must annually

29  attest, under penalty of perjury that such proceeds were used

30  in compliance with such sections. The attestation must be made

31  annually in a form and format determined by the department,

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 1  which includes, at a minimum, identification of all revenues

 2  received by the organization from the specialty license plate

 3  program and a categorical list of expenditures.

 4         (b)  Any organization not subject to audit pursuant to

 5  s. 215.97 shall annually attest, under penalties of perjury,

 6  that such proceeds were used in compliance with ss. 320.08056

 7  and 320.08058. The attestation shall be made annually in a

 8  form and format determined by the department.

 9         (b)(c)  Any organization subject to audit pursuant to

10  s. 215.97 shall submit an audit report in accordance with

11  rules adopted promulgated by the Auditor General, in addition

12  to the attestation made in the form and format required by the

13  department. The annual attestation shall be submitted to the

14  department for review within 9 months after the end of the

15  organization's fiscal year.

16         Section 4.  The Department of Highway Safety and Motor

17  Vehicles, in cooperation with representatives of the local tax

18  collectors and with PRIDE at Union Correctional Facility,

19  shall study the operational and economic feasibility of

20  direct-to-customer delivery of specialty license plates and

21  shall report its findings to the Legislature by December 31,

22  2004. The study must include, but need not be limited to, an

23  analysis of the potential operational and economic effect of

24  various manufacturing, inventory control, and product

25  distribution technologies on the specialty license plate

26  program.

27         Section 5.  This act shall take effect upon becoming a

28  law.

29  

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    Florida Senate - 2004                                  SB 2024
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises the requirements for establishing a specialty
      license plate. Requires the submission of a sample plate.
 4    Requires a financial analysis of anticipated revenues and
      expenditures. Requires the submission of prepaid
 5    applications. Provides for the retention by the
      Department of Highway Safety and Motor Vehicles of
 6    amounts sufficient to offset application and development
      costs. Provides for the refund of annual use fees if a
 7    specialty license plate is not authorized or enacted.
      Requires the department to specify viewpoint-neutral
 8    design specifications for specialty license plates.
      Amends provisions for the issuance of specialty license
 9    plates. Revises design requirements for such plates.
      Revises the retention and distribution requirements for
10    annual use fees. Revises conditions and procedures for
      the discontinuation of specialty license plates. Revises
11    provisions for audits and attestations required of
      entities receiving specialty license plate annual use
12    fees. Requires the department, in cooperation with local
      tax collectors and PRIDE, to study the possibility of
13    using direct-to-customer distribution. Requires the
      department to report the results to the Legislature by
14    December 31, 2004.

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