Senate Bill sb1900c1

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    Florida Senate - 2007                           CS for SB 1900

    By the Committee on Transportation; and Senator Baker





    596-2213-07

  1                      A bill to be entitled

  2         An act relating to license plates; amending s.

  3         320.08056, F.S.; discontinuing the annual use

  4         fee for the Girl Scout license plate;

  5         increasing the annual use fee for the Sea

  6         Turtle license plate; increasing the annual use

  7         fee for the Florida Sheriffs Youth Ranches

  8         license plate; establishing annual use fees for

  9         the Florida NASCAR license plate, the

10         Corrections Foundation license plate, the

11         Protect Florida Springs license plate, and the

12         Trees Are Cool license plate; authorizing the

13         placement of a sponsoring organization's

14         Internet domain name on a specialty license

15         plate; prohibiting annual use fees from the

16         sale of specialty license plates, or the

17         interest earned thereon, from being used for

18         the purpose of marketing to, or lobbying,

19         entertaining, or rewarding, an employee of a

20         governmental agency that is responsible for the

21         sale and distribution of specialty license

22         plates; amending s. 320.08058, F.S.;

23         authorizing the use of a specified percentage

24         of the proceeds from the sale of the Florida

25         Educational license plate for marketing and

26         promotion expenses; authorizing the use of

27         certain proceeds from the sale of the Florida

28         Agricultural license plate for promotion,

29         marketing, and administrative costs and for

30         Florida agriculture in the classroom programs;

31         deleting provisions establishing the Girl Scout

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    Florida Senate - 2007                           CS for SB 1900
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 1         license plate; creating the Florida NASCAR

 2         license plate; providing for the distribution

 3         of use fees received from the sale of such

 4         plate to the Florida Sports Foundation, the

 5         National Association for Stock Car Auto Racing,

 6         and the NASCAR Foundation; requiring the

 7         Florida Sports Association to provide for an

 8         annual audit to be submitted to the Office of

 9         Tourism, Trade, and Economic Development for

10         certification to the Auditor General; creating

11         the Corrections Foundation license plate;

12         providing for the distribution of annual use

13         fees received from the sale of such plate to a

14         direct-support organization; creating the

15         Protect Florida Springs license plate;

16         providing for the annual use fees from the sale

17         of such plate to be distributed to the Wildlife

18         Foundation of Florida, Inc.; creating a Trees

19         Are Cool license plate; providing for the

20         distribution of annual use fees received from

21         the sale of such plate; providing for

22         construction of the act; repealing s.

23         320.0848(2)(c), F.S., relating to an

24         administrative processing fee imposed upon

25         issuance of a disabled parking permit; creating

26         s. 320.0894, F.S.; directing the Department of

27         Highway Safety and Motor Vehicles to develop

28         and issue a Gold Star license plate honoring

29         the family members of servicemembers who have

30         been killed while serving in the Armed Forces

31         of the United States; providing for design of

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    Florida Senate - 2007                           CS for SB 1900
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 1         the plate; providing eligibility requirements;

 2         providing for payment of certain taxes and

 3         fees; providing effective dates.

 4  

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

 6  

 7         Section 1.  Subsections (4) and (6) of section

 8  320.08056, Florida Statutes, are amended, and subsections (11)

 9  and (12) are added to that section, to read:

10         320.08056  Specialty license plates.--

11         (4)  The following license plate annual use fees shall

12  be collected for the appropriate specialty license plates:

13         (a)  Manatee license plate, $20.

14         (b)  Challenger/Columbia license plate, $25, except

15  that a person that purchases 1,000 or more of such license

16  plates shall pay an annual use fee of $15 per plate.

17         (c)  Collegiate license plate, $25.

18         (d)  Florida Salutes Veterans license plate, $15.

19         (e)  Florida panther license plate, $25.

20         (f)  Florida United States Olympic Committee license

21  plate, $15.

22         (g)  Florida Special Olympics license plate, $15.

23         (h)  Florida educational license plate, $20.

24         (i)  Florida Professional Sports Team license plate,

25  $25.

26         (j)  Florida Indian River Lagoon license plate, $15.

27         (k)  Invest in Children license plate, $20.

28         (l)  Florida arts license plate, $20.

29         (m)  Bethune-Cookman College license plate, $25.

30         (n)  Florida Agricultural license plate, $20.

31         (o)  Girl Scout license plate, $20.

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    Florida Senate - 2007                           CS for SB 1900
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 1         (o)(p)  Police Athletic League license plate, $20.

 2         (p)(q)  Boy Scouts of America license plate, $20.

 3         (q)(r)  Largemouth Bass license plate, $25.

 4         (r)(s)  Sea Turtle license plate, $23 $17.50.

 5         (s)(t)  Protect Wild Dolphins license plate, $20.

 6         (t)(u)  Barry University license plate, $25.

 7         (u)(v)  Everglades River of Grass license plate, $20.

 8         (v)(w)  Keep Kids Drug-Free license plate, $25.

 9         (w)(x)  Florida Sheriffs Youth Ranches license plate,

10  $25 $20.

11         (x)(y)  Conserve Wildlife license plate, $15.

12         (y)(z)  Florida Memorial University license plate, $25.

13         (z)(aa)  Tampa Bay Estuary license plate, $15.

14         (aa)(bb)  Florida Wildflower license plate, $15.

15         (bb)(cc)  United States Marine Corps license plate,

16  $15.

17         (cc)(dd)  Choose Life license plate, $20.

18         (dd)(ee)  Share the Road license plate, $15.

19         (ee)(ff)  American Red Cross license plate, $25.

20         (ff)(gg)  United We Stand license plate, $25.

21         (gg)(hh)  Breast Cancer Research license plate, $25.

22         (hh)(ii)  Protect Florida Whales license plate, $25.

23         (ii)(jj)  Florida Golf license plate, $25.

24         (jj)(kk)  Florida Firefighters license plate, $20.

25         (kk)(ll)  Police Benevolent Association license plate,

26  $20.

27         (ll)(mm)  Military Services license plate, $15.

28         (mm)(nn)  Protect Our Reefs license plate, $25.

29         (nn)(oo)  Fish Florida license plate, $22.

30         (oo)(pp)  Child Abuse Prevention and Intervention

31  license plate, $25.

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    Florida Senate - 2007                           CS for SB 1900
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 1         (pp)(qq)  Hospice license plate, $25.

 2         (qq)(rr)  Stop Heart Disease license plate, $25.

 3         (rr)(ss)  Save Our Seas license plate, $25, except that

 4  for an owner purchasing the specialty license plate for more

 5  than 10 vehicles registered to that owner, the annual use fee

 6  shall be $10 per plate.

 7         (ss)(tt)  Aquaculture license plate, $25, except that

 8  for an owner purchasing the specialty license plate for more

 9  than 10 vehicles registered to that owner, the annual use fee

10  shall be $10 per plate.

11         (tt)(uu)  Family First license plate, $25.

12         (uu)(vv)  Sportsmen's National Land Trust license

13  plates, $25.

14         (vv)(ww)  Live the Dream license plate, $25.

15         (ww)(xx)  Florida Food Banks license plate, $25.

16         (xx)(yy)  Discover Florida's Oceans license plate, $25.

17         (yy)(zz)  Family Values license plate, $25.

18         (zz)(aaa)  Parents Make A Difference license plate,

19  $25.

20         (aaa)(bbb)  Support Soccer license plate, $25.

21         (bbb)(ccc)  Kids Deserve Justice license plate, $25.

22         (ccc)(ddd)  Animal Friend license plate, $25.

23         (ddd)(eee)  Future Farmers of America license plate,

24  $25.

25         (eee)(fff)  Donate Organs-Pass It On license plate,

26  $25.

27         (fff)(ggg)  A State of Vision license plate, $25.

28         (ggg)(hhh)  Homeownership For All license plate, $25.

29         (hhh)  Florida NASCAR license plate, $25.

30         (iii)  Corrections Foundation license plate, $25.

31         (jjj)  Protect Florida Springs license plate, $25.

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    Florida Senate - 2007                           CS for SB 1900
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 1         (kkk)  Trees Are Cool license plate, $25.

 2         (6)  Specialty license plates must bear the design

 3  required by law for the appropriate specialty license plate,

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

 5  design specifications. In addition to a design, the specialty

 6  license plates may bear the imprint of numerals from 1 to 999,

 7  inclusive, capital letters "A" through "Z," or a combination

 8  thereof. The department shall determine the maximum number of

 9  characters, including both numerals and letters. All specialty

10  license plates must be otherwise of the same material and size

11  as standard license plates issued for any registration period.

12  A specialty license plate may bear an appropriate slogan,

13  emblem, or logo in a size and placement that conforms to the

14  department's design specifications. The sponsoring

15  organization's Internet domain name may appear on the plate.

16         (11)  The annual use fee from the sale of specialty

17  license plates, the interest earned from those fees, or any

18  fees received by an agency as a result of the sale of

19  specialty license plates may not be used for the purpose of

20  marketing to, or lobbying, entertaining, or rewarding, an

21  employee of a governmental agency that is responsible for the

22  sale and distribution of specialty license plates.

23         (12)  The application form for a specialty license

24  plate shall provide the applicant the option to instruct the

25  department to provide his or her name, address, and renewal

26  date to the sponsoring organization.

27         Section 2.  Subsections (8), (14), and (15) of section

28  320.08058, Florida Statutes, are amended, and subsections

29  (61), (62), (63), and (64) are added to that section, to read:

30         320.08058  Specialty license plates.--

31         (8)  FLORIDA EDUCATIONAL LICENSE PLATES.--

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    Florida Senate - 2007                           CS for SB 1900
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 1         (a)  The Department of Highway Safety and Motor

 2  Vehicles shall develop a Florida educational license plate as

 3  provided in this section.  Florida educational license plates

 4  must bear a design and colors that the department approves.

 5  The word "Florida" must appear in small letters at the top of

 6  the plate.

 7         (b)  The license annual use fees are to be distributed

 8  annually as follows:

 9         1.  Up to 10 percent of the moneys raised from the sale

10  of the plates may be used for continuing marketing and

11  promotion of the plates.

12         2.1.  In each school district that has a district

13  prekindergarten through grade 12 public school foundation or a

14  direct-support organization, the moneys raised in that school

15  district through the sale of Florida educational license

16  plates must be distributed to the foundation or organization

17  for enhancing educational programs.

18         3.2.  In each school district that does not have a

19  district prekindergarten through grade 12 public school

20  foundation or a direct-support organization, the moneys raised

21  in that school district through the sale of Florida

22  educational license plates must be distributed to the district

23  school board and must be used at the discretion of the board

24  for enhancing educational programs.

25         (14)  FLORIDA AGRICULTURAL LICENSE PLATES.--

26         (a)  The Department of Highway Safety and Motor

27  Vehicles shall develop a Florida Agricultural license plate.

28  Florida Agricultural license plates must bear the colors and

29  design approved by the department.  The word "Agriculture"

30  must appear at the top of the plate, and the words "Keeps

31  Florida Green" must appear at the bottom of the plate.

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    Florida Senate - 2007                           CS for SB 1900
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 1         (b)  The proceeds of the Florida Agricultural license

 2  plate annual use fee must be forwarded to the direct-support

 3  organization created in s. 570.903. The funds must be used for

 4  the sole purpose of funding and promoting the Florida

 5  agriculture in the classroom program established within the

 6  Department of Agriculture and Consumer Services pursuant to s.

 7  570.91.

 8         (c)  Up to 25 percent of the funds distributed under

 9  paragraphs (a) and (b) may be used for promotion, marketing,

10  and administrative costs directly associated with the license

11  plate and Florida agriculture in the classroom programs.

12         (15)  GIRL SCOUT LICENSE PLATES.--

13         (a)  The department shall develop a Girl Scout license

14  plate as provided in this section to commemorate the Girl

15  Scout councils in this state. The word "Florida" must appear

16  at the top of the plate, and the words "For Her Future" must

17  appear at the bottom of the plate.

18         (b)  The annual use fees shall be distributed to the

19  Citrus Council of Girl Scouts, Inc., which shall distribute

20  funds to the following Girl Scout councils equal to the annual

21  use fees received from counties served by each council:

22         1.  Citrus Council of Girl Scouts, Inc.

23         2.  Gateway Girl Scout Council, Inc.

24         3.  Girl Scouts of Broward County, Inc.

25         4.  Girl Scout Council of Tropical Florida, Inc.

26         5.  Heart of Florida Girl Scout Council, Inc.

27         6.  Palm Glades Girl Scout Council, Inc.

28         7.  Suncoast Girl Scout Council, Inc.

29  

30  Funds collected in counties not served by one of the above

31  councils shall be used by the Citrus Council of Girl Scouts,

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 1  Inc., to reimburse expenditures made on behalf of other

 2  councils to comply with s. 320.08053. Once those expenditures

 3  have been reimbursed, the funds shall be distributed to the

 4  Girl Scout councils serving those counties in the same manner

 5  as funds are distributed to the listed councils.

 6         (61)  FLORIDA NASCAR LICENSE PLATES.--

 7         (a)  The department shall develop a Florida NASCAR

 8  license plate as provided in this section. Florida NASCAR

 9  license plates must bear the colors and design approved by the

10  department. The word "Florida" must appear at the top of the

11  plate, and the term "NASCAR" must appear at the bottom of the

12  plate. The National Association for Stock Car Auto Racing,

13  following consultation with the Florida Sports Foundation, may

14  submit a sample plate for consideration by the department.

15         (b)  The license plate annual use fees shall be

16  distributed to the Florida Sports Foundation, a direct-support

17  organization of the Office of Tourism, Trade, and Economic

18  Development. The license plate annual use fees shall be

19  annually allocated as follows:

20         1.  Up to 5 percent of the proceeds from the annual use

21  fees may be used by the Florida Sports Foundation for the

22  administration of the NASCAR license plate program.

23         2.  The National Association for Stock Car Auto Racing

24  shall receive up to $80,000 in proceeds from the annual use

25  fees to be used to pay startup costs, including costs incurred

26  in developing and issuing the plates. Thereafter, 10 percent

27  of the proceeds from the annual use fees shall be provided to

28  the association for the royalty rights for the use of its

29  marks.

30         3.  The remaining proceeds from the annual use fees

31  shall be distributed to the Florida Sports Foundation. The

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    Florida Senate - 2007                           CS for SB 1900
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 1  Florida Sports Foundation will retain 15 percent to support

 2  its regional grant program, attracting sporting events to

 3  Florida; 20 percent to support the marketing of

 4  motorsports-related tourism in the state; and 50 percent to be

 5  paid to the NASCAR Foundation, a s. 501(c)(3) charitable

 6  organization, to support Florida-based charitable

 7  organizations.

 8         (c)  The Florida Sports Foundation shall provide an

 9  annual financial audit in accordance with s. 215.981 of its

10  financial accounts and records by an independent certified

11  public accountant pursuant to the contract established by the

12  Office of Tourism, Trade, and Economic Development as

13  specified in s. 288.1229(5). The auditor shall submit the

14  audit report to the Office of Tourism, Trade, and Economic

15  Development for review and approval. If the audit report is

16  approved, the office shall certify the audit report to the

17  Auditor General for review.

18         (62)  CORRECTIONS FOUNDATION LICENSE PLATES.--

19         (a)  The department shall develop a Corrections

20  Foundation license plate as provided in this section. The word

21  "Florida" must appear at the top of the plate, the words

22  "Corrections Foundation" must appear at the bottom of the

23  plate, and the Corrections Foundation logo must appear to the

24  left of the numerals.

25         (b)  The annual use fees shall be distributed to

26  Corrections Foundation, Inc., a direct-support organization

27  created pursuant to s. 944.802, and shall be used to continue

28  and expand the charitable work of the foundation, as provided

29  in s. 944.802 and the articles of incorporation of the

30  foundation.

31         (63)  PROTECT FLORIDA SPRINGS LICENSE PLATES.--

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 1         (a)  The department shall develop a Protect Florida

 2  Springs license plate as provided in this section. The word

 3  "Florida" must appear at the top of the plate, and the words

 4  "Protect Florida Springs" must appear at the bottom of the

 5  plate.

 6         (b)  The annual use fees shall be distributed to the

 7  Wildlife Foundation of Florida, Inc., a citizen-support

 8  organization created pursuant to s. 372.0215, which shall

 9  administer the fees as follows:

10         1.  Wildlife Foundation of Florida, Inc., shall retain

11  the first $60,000 of the annual use fees as direct

12  reimbursement for administrative costs, startup costs, and

13  costs incurred in the development and approval process.

14         2.  Thereafter, a maximum of 10 percent of the fees may

15  be used for administrative costs directly associated with

16  education programs, conservation, springs research, and grant

17  administration of the foundation. A maximum of 15 percent of

18  the fees may be used for continuing promotion and marketing of

19  the license plate.

20         3.  At least 55 percent of the fees shall be available

21  for competitive grants, with highest priorities given to

22  community-based springs programs and projects specifically

23  related to education, outreach, and springs conservation. The

24  competitive grants shall be administered and approved by the

25  board of directors of the Wildlife Foundation of Florida. The

26  granting advisory committee shall be composed of nine members,

27  including one representative from the Fish and Wildlife

28  Conservation Commission, one representative from the

29  Department of Environmental Protection, one representative

30  from the Department of Health, one representative from the

31  Department of Community Affairs, three citizen

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    Florida Senate - 2007                           CS for SB 1900
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 1  representatives, and two representatives from nonprofit

 2  stakeholder groups.

 3         4.  The remaining funds shall be distributed with the

 4  approval of and accountability to the board of directors of

 5  the Wildlife Foundation of Florida, and shall be used to

 6  support activities contributing to education, outreach, and

 7  springs conservation.

 8         (64)  TREES ARE COOL LICENSE PLATES.--

 9         (a)  The department shall develop a Trees Are Cool

10  license plate as provided in this section. The word "Florida"

11  must appear at the top of the plate, and the words "Trees Are

12  Cool" must appear at the bottom of the plate.

13         (b)  The annual use fees shall be distributed to the

14  Florida Chapter of the International Society of Arboriculture,

15  Inc., which shall retain the initial revenues from the sale of

16  such plates until all startup costs for developing and

17  establishing the plate have been recovered not to exceed

18  $60,000. Thereafter, the proceeds of the annual use fee shall

19  be used in the following manner:

20           1.  Twenty percent of the funds may be used by the

21  Florida Chapter of the International Society of Arboriculture,

22  Inc., for continuing promotion and marketing of the license

23  plate and concept. Five percent of the funds received by the

24  Florida Society of Arboriculture, Inc., may be used for

25  administrative costs directly associated with the operations

26  of the Florida Chapter of the International Society of

27  Arboriculture, Inc., with respect to the management of the

28  Trees Are Cool license plate program.

29           2.  Seventy-five percent of the funds must be used to

30  fulfill the mission of the Florida Chapter of the

31  International Society of Arboriculture, Inc., which is to

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    Florida Senate - 2007                           CS for SB 1900
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 1  provide education and training statewide with respect to tree

 2  care and tree safety.

 3         Section 3.  Effective July 1, 2007, paragraph (c) of

 4  subsection (2) of section 320.0848, Florida Statutes, is

 5  repealed.

 6         Section 4.  Section 320.0894, Florida Statutes, is

 7  created to read:

 8         320.0894  Motor vehicle license plates to Gold Star

 9  family members.--The department shall develop a special

10  license plate honoring the family members of servicemembers

11  who have been killed while serving in the Armed Forces of the

12  United States. The license plate shall be officially

13  designated as the Gold Star license plate and shall be

14  developed and issued as provided in this section.

15         (1)  The Gold Star license plate must bear the colors

16  and design approved by the department in cooperation with

17  supporters of the license plate. The word "Florida" must

18  appear at the top of the plate, and the words "Gold Star

19  Family" must appear at the bottom of the plate. The plate

20  shall bear a unique design that includes the symbol for a

21  fallen servicemember, a gold star with blue fringe on a white

22  background with a red border. The symbol shall be no larger

23  than 3 inches by 3 inches and shall be placed in a conspicuous

24  place to the left of the identifying number of the plate,

25  which identifying number shall consist of no more than six

26  alphanumeric characters.

27         (2)  This section shall not be implemented until such

28  time as the state has, through a licensing agreement or

29  otherwise, received such license or other permission as may be

30  required to implement this section. The designs of the initial

31  and subsequent editions of the Gold Star license plate, except

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 1  any part of the designs owned by others and licensed to the

 2  state, shall be owned solely by the state for its exclusive

 3  use and control, except as authorized by the department. The

 4  department may take such steps as may be necessary to give

 5  notice of and protect such right, including the copyright or

 6  copyrights. However, such steps shall be cumulative of the

 7  ownership and exclusive use and control established by this

 8  subsection as a matter of law, and no person shall reproduce

 9  or otherwise use such designs except as authorized by the

10  department.

11         (3)(a)  Each owner or lessee of an automobile or truck

12  for private use, truck weighing not more than 7,999 pounds, or

13  recreational vehicle as specified in s. 320.08(9)(c) or (d),

14  which automobile, truck, or vehicle is not used for hire or

15  commercial use, who is a resident of this state, and who meets

16  the qualifications provided in subsection (4) shall, upon

17  application therefor to the department and payment of the

18  license tax and appropriate fees established in this chapter,

19  be issued a Gold Star license plate. Each initial application

20  for a Gold Star license plate must be accompanied by proof

21  that the applicant meets the requirements provided in

22  subsection (4).

23         (b)  The surviving spouse and a surviving parent

24  meeting the requirements in subsection (4) shall each, upon

25  application therefor, be issued the Gold Star license plate

26  for one vehicle per household free of charge. Renewal decals

27  for the plate issued under this paragraph shall be issued at

28  no cost.

29         (4)(a)1.  The Gold Star license plate shall be issued

30  only to family members of a servicemember who resided in

31  Florida at the time of the death of the servicemember.

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 1         2.  To qualify for issuance of a Gold Star license

 2  plate, the applicant must be directly related to a fallen

 3  servicemember as spouse, legal mother or father, or stepparent

 4  who is currently married to the mother or father of the fallen

 5  servicemember.

 6         3.  A servicemember is deemed to have been killed while

 7  in service as listed by the United States Department of

 8  Defense and may be verified from documentation directly from

 9  the Department of Defense or from its subordinate agencies,

10  such as the Coast Guard, Reserve, or National Guard.

11         (b)  The applicant must provide documentation of the

12  fact that the servicemember was killed while serving and proof

13  of relationship to the servicemember to the tax collector or

14  license plate agent before being issued a Gold Star license

15  plate. The tax collector or license plate agent may waive the

16  requirement for such documentation and proof if he or she has

17  actual knowledge of the family relationship and that the

18  servicemember was killed while serving.

19         (5)  An eligible family member may request a Gold Star

20  license plate at any time during his or her registration

21  period. If such a license plate is to replace a current valid

22  license plate, the license plate shall be issued with

23  appropriate renewal decals attached.

24         Section 5.  Except as otherwise expressly provided in

25  this act, this act shall take effect October 1, 2007.

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    Florida Senate - 2007                           CS for SB 1900
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1900

 3                                 

 4  This Committee Substitute (CS) creates the Trees are Cool
    speciality license plate with an annual fee of $25, and
 5  specifies the use of the annual fees. This CS also changes the
    effective date of all provisions in the bill except one to
 6  October 1, 2007. The elimination of the $1.50 fee charged for
    disabled parking permits will be effective July 1, 2007.
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