Senate Bill sb1900e2
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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, the
12 Trees Are Cool license plate, and the Support
13 Our Troops license plate; authorizing the
14 placement of a sponsoring organization's
15 Internet domain name on a specialty license
16 plate; prohibiting annual use fees from the
17 sale of specialty license plates, or the
18 interest earned thereon, from being used for
19 the purpose of marketing to, or lobbying,
20 entertaining, or rewarding, an employee of a
21 governmental agency that is responsible for the
22 sale and distribution of specialty license
23 plates; amending s. 320.08058, F.S.;
24 authorizing the use of a specified percentage
25 of the proceeds from the sale of the Florida
26 Educational license plate for marketing and
27 promotion expenses; authorizing the use of
28 certain proceeds from the sale of the Florida
29 Agricultural license plate for promotion,
30 marketing, and administrative costs and for
31 Florida agriculture in the classroom programs;
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1 deleting provisions establishing the Girl Scout
2 license plate; revising provisions relating to
3 the Florida Wildflower license plate; creating
4 the Florida NASCAR license plate; providing for
5 the distribution of use fees received from the
6 sale of such plate to the Florida Sports
7 Foundation, the National Association for Stock
8 Car Auto Racing, and the NASCAR Foundation;
9 requiring the Florida Sports Association to
10 provide for an annual audit to be submitted to
11 the Office of Tourism, Trade, and Economic
12 Development for certification to the Auditor
13 General; creating the Corrections Foundation
14 license plate; providing for the distribution
15 of annual use fees received from the sale of
16 such plate to a direct-support organization;
17 creating the Protect Florida Springs license
18 plate; providing for the annual use fees from
19 the sale of such plate to be distributed to the
20 Wildlife Foundation of Florida, Inc.; creating
21 a Trees Are Cool license plate; providing for
22 the distribution of annual use fees received
23 from the sale of such plate; creating the
24 Support Our Troops license plate; providing for
25 the design of the plates; providing for the
26 distribution of annual use fees received from
27 the sale of such plates; providing for
28 construction of the act; repealing s.
29 320.0848(2)(c), F.S., relating to an
30 administrative processing fee imposed upon
31 issuance of a disabled parking permit; creating
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1 s. 320.0894, F.S.; directing the Department of
2 Highway Safety and Motor Vehicles to develop
3 and issue a Gold Star license plate honoring
4 the family members of servicemembers who have
5 been killed while serving in the Armed Forces
6 of the United States; providing for design of
7 the plate; providing eligibility requirements;
8 providing for payment of certain taxes and
9 fees; providing effective dates.
10
11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Subsections (4) and (6) of section
14 320.08056, Florida Statutes, are amended, and subsections (11)
15 and (12) are added to that section, to read:
16 320.08056 Specialty license plates.--
17 (4) The following license plate annual use fees shall
18 be collected for the appropriate specialty license plates:
19 (a) Manatee license plate, $20.
20 (b) Challenger/Columbia license plate, $25, except
21 that a person that purchases 1,000 or more of such license
22 plates shall pay an annual use fee of $15 per plate.
23 (c) Collegiate license plate, $25.
24 (d) Florida Salutes Veterans license plate, $15.
25 (e) Florida panther license plate, $25.
26 (f) Florida United States Olympic Committee license
27 plate, $15.
28 (g) Florida Special Olympics license plate, $15.
29 (h) Florida educational license plate, $20.
30 (i) Florida Professional Sports Team license plate,
31 $25.
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1 (j) Florida Indian River Lagoon license plate, $15.
2 (k) Invest in Children license plate, $20.
3 (l) Florida arts license plate, $20.
4 (m) Bethune-Cookman College license plate, $25.
5 (n) Florida Agricultural license plate, $20.
6 (o) Girl Scout license plate, $20.
7 (o)(p) Police Athletic League license plate, $20.
8 (p)(q) Boy Scouts of America license plate, $20.
9 (q)(r) Largemouth Bass license plate, $25.
10 (r)(s) Sea Turtle license plate, $23 $17.50.
11 (s)(t) Protect Wild Dolphins license plate, $20.
12 (t)(u) Barry University license plate, $25.
13 (u)(v) Everglades River of Grass license plate, $20.
14 (v)(w) Keep Kids Drug-Free license plate, $25.
15 (w)(x) Florida Sheriffs Youth Ranches license plate,
16 $25 $20.
17 (x)(y) Conserve Wildlife license plate, $15.
18 (y)(z) Florida Memorial University license plate, $25.
19 (z)(aa) Tampa Bay Estuary license plate, $15.
20 (aa)(bb) Florida Wildflower license plate, $15.
21 (bb)(cc) United States Marine Corps license plate,
22 $15.
23 (cc)(dd) Choose Life license plate, $20.
24 (dd)(ee) Share the Road license plate, $15.
25 (ee)(ff) American Red Cross license plate, $25.
26 (ff)(gg) United We Stand license plate, $25.
27 (gg)(hh) Breast Cancer Research license plate, $25.
28 (hh)(ii) Protect Florida Whales license plate, $25.
29 (ii)(jj) Florida Golf license plate, $25.
30 (jj)(kk) Florida Firefighters license plate, $20.
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1 (kk)(ll) Police Benevolent Association license plate,
2 $20.
3 (ll)(mm) Military Services license plate, $15.
4 (mm)(nn) Protect Our Reefs license plate, $25.
5 (nn)(oo) Fish Florida license plate, $22.
6 (oo)(pp) Child Abuse Prevention and Intervention
7 license plate, $25.
8 (pp)(qq) Hospice license plate, $25.
9 (qq)(rr) Stop Heart Disease license plate, $25.
10 (rr)(ss) Save Our Seas license plate, $25, except that
11 for an owner purchasing the specialty license plate for more
12 than 10 vehicles registered to that owner, the annual use fee
13 shall be $10 per plate.
14 (ss)(tt) Aquaculture license plate, $25, except that
15 for an owner purchasing the specialty license plate for more
16 than 10 vehicles registered to that owner, the annual use fee
17 shall be $10 per plate.
18 (tt)(uu) Family First license plate, $25.
19 (uu)(vv) Sportsmen's National Land Trust license
20 plates, $25.
21 (vv)(ww) Live the Dream license plate, $25.
22 (ww)(xx) Florida Food Banks license plate, $25.
23 (xx)(yy) Discover Florida's Oceans license plate, $25.
24 (yy)(zz) Family Values license plate, $25.
25 (zz)(aaa) Parents Make A Difference license plate,
26 $25.
27 (aaa)(bbb) Support Soccer license plate, $25.
28 (bbb)(ccc) Kids Deserve Justice license plate, $25.
29 (ccc)(ddd) Animal Friend license plate, $25.
30 (ddd)(eee) Future Farmers of America license plate,
31 $25.
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1 (eee)(fff) Donate Organs-Pass It On license plate,
2 $25.
3 (fff)(ggg) A State of Vision license plate, $25.
4 (ggg)(hhh) Homeownership For All license plate, $25.
5 (hhh) Florida NASCAR license plate, $25.
6 (iii) Corrections Foundation license plate, $25.
7 (jjj) Protect Florida Springs license plate, $25.
8 (kkk) Trees Are Cool license plate, $25.
9 (lll) Support Our Troops license plate, $25.
10 (6) Specialty license plates must bear the design
11 required by law for the appropriate specialty license plate,
12 and the designs and colors must conform to the department's
13 design specifications. In addition to a design, the specialty
14 license plates may bear the imprint of numerals from 1 to 999,
15 inclusive, capital letters "A" through "Z," or a combination
16 thereof. The department shall determine the maximum number of
17 characters, including both numerals and letters. All specialty
18 license plates must be otherwise of the same material and size
19 as standard license plates issued for any registration period.
20 A specialty license plate may bear an appropriate slogan,
21 emblem, or logo in a size and placement that conforms to the
22 department's design specifications. The sponsoring
23 organization's Internet domain name may appear on the plate.
24 (11) The annual use fee from the sale of specialty
25 license plates, the interest earned from those fees, or any
26 fees received by an agency as a result of the sale of
27 specialty license plates may not be used for the purpose of
28 marketing to, or lobbying, entertaining, or rewarding, an
29 employee of a governmental agency that is responsible for the
30 sale and distribution of specialty license plates.
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1 (12) The application form for a specialty license
2 plate shall provide the applicant the option to instruct the
3 department to provide his or her name, address, and renewal
4 date to the sponsoring organization.
5 Section 2. Subsections (8), (14), (15), and (28) of
6 section 320.08058, Florida Statutes, are amended, and
7 subsections (61), (62), (63), (64), and (65) are added to that
8 section, to read:
9 320.08058 Specialty license plates.--
10 (8) FLORIDA EDUCATIONAL LICENSE PLATES.--
11 (a) The Department of Highway Safety and Motor
12 Vehicles shall develop a Florida educational license plate as
13 provided in this section. Florida educational license plates
14 must bear a design and colors that the department approves.
15 The word "Florida" must appear in small letters at the top of
16 the plate.
17 (b) The license annual use fees are to be distributed
18 annually as follows:
19 1. Up to 10 percent of the moneys raised from the sale
20 of the plates may be used for continuing marketing and
21 promotion of the plates.
22 2.1. In each school district that has a district
23 prekindergarten through grade 12 public school foundation or a
24 direct-support organization, the moneys raised in that school
25 district through the sale of Florida educational license
26 plates must be distributed to the foundation or organization
27 for enhancing educational programs.
28 3.2. In each school district that does not have a
29 district prekindergarten through grade 12 public school
30 foundation or a direct-support organization, the moneys raised
31 in that school district through the sale of Florida
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1 educational license plates must be distributed to the district
2 school board and must be used at the discretion of the board
3 for enhancing educational programs.
4 (14) FLORIDA AGRICULTURAL LICENSE PLATES.--
5 (a) The Department of Highway Safety and Motor
6 Vehicles shall develop a Florida Agricultural license plate.
7 Florida Agricultural license plates must bear the colors and
8 design approved by the department. The word "Agriculture"
9 must appear at the top of the plate, and the words "Keeps
10 Florida Green" must appear at the bottom of the plate.
11 (b) The proceeds of the Florida Agricultural license
12 plate annual use fee must be forwarded to the direct-support
13 organization created in s. 570.903. The funds must be used for
14 the sole purpose of funding and promoting the Florida
15 agriculture in the classroom program established within the
16 Department of Agriculture and Consumer Services pursuant to s.
17 570.91.
18 (c) Up to 25 percent of the funds distributed under
19 paragraphs (a) and (b) may be used for promotion, marketing,
20 and administrative costs directly associated with the license
21 plate and Florida agriculture in the classroom programs.
22 (15) GIRL SCOUT LICENSE PLATES.--
23 (a) The department shall develop a Girl Scout license
24 plate as provided in this section to commemorate the Girl
25 Scout councils in this state. The word "Florida" must appear
26 at the top of the plate, and the words "For Her Future" must
27 appear at the bottom of the plate.
28 (b) The annual use fees shall be distributed to the
29 Citrus Council of Girl Scouts, Inc., which shall distribute
30 funds to the following Girl Scout councils equal to the annual
31 use fees received from counties served by each council:
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1 1. Citrus Council of Girl Scouts, Inc.
2 2. Gateway Girl Scout Council, Inc.
3 3. Girl Scouts of Broward County, Inc.
4 4. Girl Scout Council of Tropical Florida, Inc.
5 5. Heart of Florida Girl Scout Council, Inc.
6 6. Palm Glades Girl Scout Council, Inc.
7 7. Suncoast Girl Scout Council, Inc.
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9 Funds collected in counties not served by one of the above
10 councils shall be used by the Citrus Council of Girl Scouts,
11 Inc., to reimburse expenditures made on behalf of other
12 councils to comply with s. 320.08053. Once those expenditures
13 have been reimbursed, the funds shall be distributed to the
14 Girl Scout councils serving those counties in the same manner
15 as funds are distributed to the listed councils.
16 (28) FLORIDA WILDFLOWER LICENSE PLATES.--
17 (a) The department shall develop a Florida Wildflower
18 license plate as provided in this section. The word "Florida"
19 must appear at the top of the plate, and the words "State
20 Wildflower" and "coreopsis" must appear at the bottom of the
21 plate.
22 (b) The annual use fees shall be distributed to the
23 Florida Wildflower Foundation, Inc., a nonprofit corporation
24 under s. 501(c)(3) of the Internal Revenue Code Account
25 established by Keep Florida Beautiful, Inc., created by s.
26 403.4131. The proceeds must be used to establish native
27 Florida wildflower research programs, wildflower educational
28 programs, and wildflower grant programs to municipal, county,
29 and community-based groups in this state:
30 1. The foundation shall develop operation procedures,
31 research contracts, education and marketing programs, and
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1 wildflower-planting grants for Florida native wildflowers,
2 plants, and grasses.
3 2. A maximum of 15 10 percent of the proceeds from the
4 sale of such plates may be used by the foundation for
5 administrative costs and marketing costs.
6 3. If the foundation ceases to be an active nonprofit
7 corporation under s. 501(c)(3) of the Internal Revenue Code,
8 any unexpended use fees held by the foundation must be
9 promptly transferred to the General Inspection Trust Fund
10 within the Department of Agriculture and Consumer Services and
11 all future fees collected shall be deposited to the same trust
12 fund in the department. The department shall use and
13 administer the proceeds from the annual use fee in the manner
14 specified in this paragraph.
15 (61) FLORIDA NASCAR LICENSE PLATES.--
16 (a) The department shall develop a Florida NASCAR
17 license plate as provided in this section. Florida NASCAR
18 license plates must bear the colors and design approved by the
19 department. The word "Florida" must appear at the top of the
20 plate, and the term "NASCAR" must appear at the bottom of the
21 plate. The National Association for Stock Car Auto Racing,
22 following consultation with the Florida Sports Foundation, may
23 submit a sample plate for consideration by the department.
24 (b) The license plate annual use fees shall be
25 distributed to the Florida Sports Foundation, a direct-support
26 organization of the Office of Tourism, Trade, and Economic
27 Development. The license plate annual use fees shall be
28 annually allocated as follows:
29 1. Up to 5 percent of the proceeds from the annual use
30 fees may be used by the Florida Sports Foundation for the
31 administration of the NASCAR license plate program.
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1 2. The National Association for Stock Car Auto Racing
2 shall receive up to $60,000 in proceeds from the annual use
3 fees to be used to pay startup costs, including costs incurred
4 in developing and issuing the plates. Thereafter, 10 percent
5 of the proceeds from the annual use fees shall be provided to
6 the association for the royalty rights for the use of its
7 marks.
8 3. The remaining proceeds from the annual use fees
9 shall be distributed to the Florida Sports Foundation. The
10 Florida Sports Foundation will retain 15 percent to support
11 its regional grant program, attracting sporting events to
12 Florida; 20 percent to support the marketing of
13 motorsports-related tourism in the state; and 50 percent to be
14 paid to the NASCAR Foundation, a s. 501(c)(3) charitable
15 organization, to support Florida-based charitable
16 organizations.
17 (c) The Florida Sports Foundation shall provide an
18 annual financial audit in accordance with s. 215.981 of its
19 financial accounts and records by an independent certified
20 public accountant pursuant to the contract established by the
21 Office of Tourism, Trade, and Economic Development as
22 specified in s. 288.1229(5). The auditor shall submit the
23 audit report to the Office of Tourism, Trade, and Economic
24 Development for review and approval. If the audit report is
25 approved, the office shall certify the audit report to the
26 Auditor General for review.
27 (62) CORRECTIONS FOUNDATION LICENSE PLATES.--
28 (a) The department shall develop a Corrections
29 Foundation license plate as provided in this section. The word
30 "Florida" must appear at the top of the plate, the words
31 "Corrections Foundation" must appear at the bottom of the
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1 plate, and the Corrections Foundation logo must appear to the
2 left of the numerals.
3 (b) The annual use fees shall be distributed to
4 Corrections Foundation, Inc., a direct-support organization
5 created pursuant to s. 944.802, and shall be used to continue
6 and expand the charitable work of the foundation, as provided
7 in s. 944.802 and the articles of incorporation of the
8 foundation.
9 (63) PROTECT FLORIDA SPRINGS LICENSE PLATES.--
10 (a) The department shall develop a Protect Florida
11 Springs license plate as provided in this section. The word
12 "Florida" must appear at the top of the plate, and the words
13 "Protect Florida Springs" must appear at the bottom of the
14 plate.
15 (b) The annual use fees shall be distributed to the
16 Wildlife Foundation of Florida, Inc., a citizen-support
17 organization created pursuant to s. 372.0215, which shall
18 administer the fees as follows:
19 1. Wildlife Foundation of Florida, Inc., shall retain
20 the first $60,000 of the annual use fees as direct
21 reimbursement for administrative costs, startup costs, and
22 costs incurred in the development and approval process.
23 2. Thereafter, a maximum of 10 percent of the fees may
24 be used for administrative costs directly associated with
25 education programs, conservation, springs research, and grant
26 administration of the foundation. A maximum of 15 percent of
27 the fees may be used for continuing promotion and marketing of
28 the license plate.
29 3. At least 55 percent of the fees shall be available
30 for competitive grants for targeted community-based springs
31 research not currently available for state funding. The
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1 remaining 20 percent shall be directed toward community
2 outreach programs aimed at implementing such research
3 findings. The competitive grants shall be administered and
4 approved by the board of directors of the Wildlife Foundation
5 of Florida. The granting advisory committee shall be composed
6 of nine members, including one representative from the Fish
7 and Wildlife Conservation Commission, one representative from
8 the Department of Environmental Protection, one representative
9 from the Department of Health, one representative from the
10 Department of Community Affairs, three citizen
11 representatives, and two representatives from nonprofit
12 stakeholder groups.
13 4. The remaining funds shall be distributed with the
14 approval of and accountability to the board of directors of
15 the Wildlife Foundation of Florida, and shall be used to
16 support activities contributing to education, outreach, and
17 springs conservation.
18 (64) TREES ARE COOL LICENSE PLATES.--
19 (a) The department shall develop a Trees Are Cool
20 license plate as provided in this section. The word "Florida"
21 must appear at the top of the plate, and the words "Trees Are
22 Cool" must appear at the bottom of the plate.
23 (b) The annual use fees shall be distributed to the
24 Florida Chapter of the International Society of Arboriculture,
25 Inc., which shall retain the initial revenues from the sale of
26 such plates until all startup costs for developing and
27 establishing the plate have been recovered not to exceed
28 $60,000. Thereafter, the proceeds of the annual use fee shall
29 be used in the following manner:
30 1. Twenty percent of the funds may be used by the
31 Florida Chapter of the International Society of Arboriculture,
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1 Inc., for continuing promotion and marketing of the license
2 plate and concept. Five percent of the funds received by the
3 Florida Society of Arboriculture, Inc., may be used for
4 administrative costs directly associated with the operations
5 of the Florida Chapter of the International Society of
6 Arboriculture, Inc., with respect to the management of the
7 Trees Are Cool license plate program.
8 2. Seventy-five percent of the funds must be used to
9 fulfill the mission of the Florida Chapter of the
10 International Society of Arboriculture, Inc., which is to
11 provide education and training statewide with respect to tree
12 care and tree safety.
13 (65) SUPPORT OUR TROOPS LICENSE PLATES.--
14 (a) The department shall develop a Support Our Troops
15 license plate as provided in this section. The plate must bear
16 the colors and design approved by the department and must
17 contain the "Support Our Troops" mark of Support Our Troops,
18 Inc. The word "Florida" must appear at the top of the plate
19 and the words "Support Our Troops" must appear at the bottom
20 of the plate. The field of the plate may be colored.
21 (b) The annual use fees from the plate shall be
22 distributed to Support Our Troops, Inc., to be used for the
23 benefit of Florida troops and their families in accordance
24 with its articles of incorporation. Support Our Troops, Inc.,
25 shall receive the first $60,000 of the use fees to offset
26 startup costs for developing and establishing the plate.
27 Thereafter, the department shall distribute the annual use
28 fees as follows:
29 1. Twenty-five percent shall be distributed to Support
30 Our Troops, Inc., to offset marketing, administration, and
31 promotion costs.
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1 2. Of the remaining 75 percent, 65 percent shall be
2 distributed to Support Our Troops, Inc., and 35 percent shall
3 be distributed to the State Homes for Veterans Trust Fund
4 within the Department of Veterans' Affairs State Homes.
5 Section 3. Effective July 1, 2007, paragraph (c) of
6 subsection (2) of section 320.0848, Florida Statutes, is
7 repealed.
8 Section 4. Section 320.0894, Florida Statutes, is
9 created to read:
10 320.0894 Motor vehicle license plates to Gold Star
11 family members.--The department shall develop a special
12 license plate honoring the family members of servicemembers
13 who have been killed while serving in the Armed Forces of the
14 United States. The license plate shall be officially
15 designated as the Gold Star license plate and shall be
16 developed and issued as provided in this section.
17 (1) The Gold Star license plate must bear the colors
18 and design approved by the department in cooperation with
19 supporters of the license plate. The word "Florida" must
20 appear at the top of the plate, and the words "Gold Star
21 Family" must appear at the bottom of the plate. The plate
22 shall bear a unique design that includes the symbol for a
23 fallen servicemember, a gold star with blue fringe on a white
24 background with a red border. The symbol shall be no larger
25 than 3 inches by 3 inches and shall be placed in a conspicuous
26 place to the left of the identifying number of the plate,
27 which identifying number shall consist of no more than six
28 alphanumeric characters.
29 (2) This section shall not be implemented until such
30 time as the state has, through a licensing agreement or
31 otherwise, received such license or other permission as may be
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1 required to implement this section. The designs of the initial
2 and subsequent editions of the Gold Star license plate, except
3 any part of the designs owned by others and licensed to the
4 state, shall be owned solely by the state for its exclusive
5 use and control, except as authorized by the department. The
6 department may take such steps as may be necessary to give
7 notice of and protect such right, including the copyright or
8 copyrights. However, such steps shall be cumulative of the
9 ownership and exclusive use and control established by this
10 subsection as a matter of law, and no person shall reproduce
11 or otherwise use such designs except as authorized by the
12 department.
13 (3)(a) Each owner or lessee of an automobile or truck
14 for private use, truck weighing not more than 7,999 pounds, or
15 recreational vehicle as specified in s. 320.08(9)(c) or (d),
16 which automobile, truck, or vehicle is not used for hire or
17 commercial use, who is a resident of this state, and who meets
18 the qualifications provided in subsection (4) shall, upon
19 application therefor to the department and payment of the
20 license tax and appropriate fees established in this chapter,
21 be issued a Gold Star license plate. Each initial application
22 for a Gold Star license plate must be accompanied by proof
23 that the applicant meets the requirements provided in
24 subsection (4).
25 (b) The surviving spouse and a surviving parent
26 meeting the requirements in subsection (4) shall each, upon
27 application therefor, be issued the Gold Star license plate
28 for one vehicle per household free of charge. Renewal decals
29 for the plate issued under this paragraph shall be issued at
30 no cost.
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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.
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