Senate Bill sb1900e1
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    CS for SB 1900                           First Engrossed (ntc)
  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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    CS for SB 1900                           First Engrossed (ntc)
 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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    CS for SB 1900                           First Engrossed (ntc)
 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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    CS for SB 1900                           First Engrossed (ntc)
 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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    CS for SB 1900                           First Engrossed (ntc)
 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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    CS for SB 1900                           First Engrossed (ntc)
 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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    CS for SB 1900                           First Engrossed (ntc)
 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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    CS for SB 1900                           First Engrossed (ntc)
 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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    CS for SB 1900                           First Engrossed (ntc)
 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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    CS for SB 1900                           First Engrossed (ntc)
 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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    CS for SB 1900                           First Engrossed (ntc)
 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 for targeted community-based springs
22  research not currently available for state funding. The
23  remaining 20 percent shall be directed toward community
24  outreach programs aimed at implementing such research
25  findings. The competitive grants shall be administered and
26  approved by the board of directors of the Wildlife Foundation
27  of Florida. The granting advisory committee shall be composed
28  of nine members, including one representative from the Fish
29  and Wildlife Conservation Commission, one representative from
30  the Department of Environmental Protection, one representative
31  from the Department of Health, one representative from the
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    CS for SB 1900                           First Engrossed (ntc)
 1  Department of Community Affairs, three citizen
 2  representatives, and two representatives from nonprofit
 3  stakeholder groups.
 4         4.  The remaining funds shall be distributed with the
 5  approval of and accountability to the board of directors of
 6  the Wildlife Foundation of Florida, and shall be used to
 7  support activities contributing to education, outreach, and
 8  springs conservation.
 9         (64)  TREES ARE COOL LICENSE PLATES.--
10         (a)  The department shall develop a Trees Are Cool
11  license plate as provided in this section. The word "Florida"
12  must appear at the top of the plate, and the words "Trees Are
13  Cool" must appear at the bottom of the plate.
14         (b)  The annual use fees shall be distributed to the
15  Florida Chapter of the International Society of Arboriculture,
16  Inc., which shall retain the initial revenues from the sale of
17  such plates until all startup costs for developing and
18  establishing the plate have been recovered not to exceed
19  $60,000. Thereafter, the proceeds of the annual use fee shall
20  be used in the following manner:
21           1.  Twenty percent of the funds may be used by the
22  Florida Chapter of the International Society of Arboriculture,
23  Inc., for continuing promotion and marketing of the license
24  plate and concept. Five percent of the funds received by the
25  Florida Society of Arboriculture, Inc., may be used for
26  administrative costs directly associated with the operations
27  of the Florida Chapter of the International Society of
28  Arboriculture, Inc., with respect to the management of the
29  Trees Are Cool license plate program.
30           2.  Seventy-five percent of the funds must be used to
31  fulfill the mission of the Florida Chapter of the
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    CS for SB 1900                           First Engrossed (ntc)
 1  International Society of Arboriculture, Inc., which is to
 2  provide education and training statewide with respect to tree
 3  care and tree safety.
 4         Section 3.  Effective July 1, 2007, paragraph (c) of
 5  subsection (2) of section 320.0848, Florida Statutes, is
 6  repealed.
 7         Section 4.  Section 320.0894, Florida Statutes, is
 8  created to read:
 9         320.0894  Motor vehicle license plates to Gold Star
10  family members.--The department shall develop a special
11  license plate honoring the family members of servicemembers
12  who have been killed while serving in the Armed Forces of the
13  United States. The license plate shall be officially
14  designated as the Gold Star license plate and shall be
15  developed and issued as provided in this section.
16         (1)  The Gold Star license plate must bear the colors
17  and design approved by the department in cooperation with
18  supporters of the license plate. The word "Florida" must
19  appear at the top of the plate, and the words "Gold Star
20  Family" must appear at the bottom of the plate. The plate
21  shall bear a unique design that includes the symbol for a
22  fallen servicemember, a gold star with blue fringe on a white
23  background with a red border. The symbol shall be no larger
24  than 3 inches by 3 inches and shall be placed in a conspicuous
25  place to the left of the identifying number of the plate,
26  which identifying number shall consist of no more than six
27  alphanumeric characters.
28         (2)  This section shall not be implemented until such
29  time as the state has, through a licensing agreement or
30  otherwise, received such license or other permission as may be
31  required to implement this section. The designs of the initial
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    CS for SB 1900                           First Engrossed (ntc)
 1  and subsequent editions of the Gold Star license plate, except
 2  any part of the designs owned by others and licensed to the
 3  state, shall be owned solely by the state for its exclusive
 4  use and control, except as authorized by the department. The
 5  department may take such steps as may be necessary to give
 6  notice of and protect such right, including the copyright or
 7  copyrights. However, such steps shall be cumulative of the
 8  ownership and exclusive use and control established by this
 9  subsection as a matter of law, and no person shall reproduce
10  or otherwise use such designs except as authorized by the
11  department.
12         (3)(a)  Each owner or lessee of an automobile or truck
13  for private use, truck weighing not more than 7,999 pounds, or
14  recreational vehicle as specified in s. 320.08(9)(c) or (d),
15  which automobile, truck, or vehicle is not used for hire or
16  commercial use, who is a resident of this state, and who meets
17  the qualifications provided in subsection (4) shall, upon
18  application therefor to the department and payment of the
19  license tax and appropriate fees established in this chapter,
20  be issued a Gold Star license plate. Each initial application
21  for a Gold Star license plate must be accompanied by proof
22  that the applicant meets the requirements provided in
23  subsection (4).
24         (b)  The surviving spouse and a surviving parent
25  meeting the requirements in subsection (4) shall each, upon
26  application therefor, be issued the Gold Star license plate
27  for one vehicle per household free of charge. Renewal decals
28  for the plate issued under this paragraph shall be issued at
29  no cost.
30  
31  
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    CS for SB 1900                           First Engrossed (ntc)
 1         (4)(a)1.  The Gold Star license plate shall be issued
 2  only to family members of a servicemember who resided in
 3  Florida at the time of the death of the servicemember.
 4         2.  To qualify for issuance of a Gold Star license
 5  plate, the applicant must be directly related to a fallen
 6  servicemember as spouse, legal mother or father, or stepparent
 7  who is currently married to the mother or father of the fallen
 8  servicemember.
 9         3.  A servicemember is deemed to have been killed while
10  in service as listed by the United States Department of
11  Defense and may be verified from documentation directly from
12  the Department of Defense or from its subordinate agencies,
13  such as the Coast Guard, Reserve, or National Guard.
14         (b)  The applicant must provide documentation of the
15  fact that the servicemember was killed while serving and proof
16  of relationship to the servicemember to the tax collector or
17  license plate agent before being issued a Gold Star license
18  plate. The tax collector or license plate agent may waive the
19  requirement for such documentation and proof if he or she has
20  actual knowledge of the family relationship and that the
21  servicemember was killed while serving.
22         (5)  An eligible family member may request a Gold Star
23  license plate at any time during his or her registration
24  period. If such a license plate is to replace a current valid
25  license plate, the license plate shall be issued with
26  appropriate renewal decals attached.
27         Section 5.  Except as otherwise expressly provided in
28  this act, this act shall take effect October 1, 2007.
29  
30  
31  
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