| 1 | A bill to be entitled |
| 2 | An act relating to special license plates; creating s. |
| 3 | 320.0894, F.S.; directing the Department of Highway Safety |
| 4 | and Motor Vehicles to develop and issue a Gold Star |
| 5 | license plate honoring the family members of |
| 6 | servicemembers who have been killed in action while |
| 7 | serving in the Armed Forces of the United States; |
| 8 | providing for design of the plate; providing eligibility |
| 9 | requirements; providing for payment of certain taxes and |
| 10 | fees; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 320.0894, Florida Statutes, is created |
| 15 | to read: |
| 16 | 320.0894 Motor vehicle license plates to Gold Star family |
| 17 | members.--The department shall develop a special license plate |
| 18 | honoring the family members of servicemembers who have been |
| 19 | killed in action while serving in the Armed Forces of the United |
| 20 | States. The license plate shall be officially designated as the |
| 21 | Gold Star license plate and shall be developed and issued as |
| 22 | provided in this section. |
| 23 | (1) The Gold Star license plate must bear the colors and |
| 24 | design approved by the department in cooperation with supporters |
| 25 | of the license plate. The word "Florida" must appear at the top |
| 26 | of the plate, and the words "Gold Star Family" must appear at |
| 27 | the bottom of the plate. The plate shall bear a unique design |
| 28 | that includes the symbol for a fallen servicemember, a gold star |
| 29 | with blue fringe on a white background with a red border. The |
| 30 | symbol shall be no larger than 3 inches by 3 inches and shall be |
| 31 | placed in a conspicuous place to the left of the identifying |
| 32 | number of the plate, which identifying number shall consist of |
| 33 | no more than six alphanumeric characters. |
| 34 | (2) This section shall not be implemented until such time |
| 35 | as the state has, through a licensing agreement or otherwise, |
| 36 | received such license or other permission as may be required to |
| 37 | implement this section. The designs of the initial and |
| 38 | subsequent editions of the Gold Star license plate, except any |
| 39 | part of the designs owned by others and licensed to the state, |
| 40 | shall be owned solely by the state for its exclusive use and |
| 41 | control, except as authorized by the department. The department |
| 42 | may take such steps as may be necessary to give notice of and |
| 43 | protect such right, including the copyright or copyrights. |
| 44 | However, such steps shall be cumulative of the ownership and |
| 45 | exclusive use and control established by this subsection as a |
| 46 | matter of law, and no person shall reproduce or otherwise use |
| 47 | such designs except as authorized by the department. |
| 48 | (3)(a) Each owner or lessee of an automobile or truck for |
| 49 | private use, truck weighing not more than 7,999 pounds, or |
| 50 | recreational vehicle as specified in s. 320.08(9)(c) or (d), |
| 51 | which automobile, truck, or vehicle is not used for hire or |
| 52 | commercial use, who is a resident of this state and who meets |
| 53 | the qualifications provided in subsection (4) shall, upon |
| 54 | application therefor to the department and payment of the |
| 55 | license tax and appropriate fees established in this chapter, be |
| 56 | issued a Gold Star license plate. Each initial application for a |
| 57 | Gold Star license plate must be accompanied by proof that the |
| 58 | applicant meets the requirements provided in subsection (4). |
| 59 | (b) The surviving spouse and a surviving parent meeting |
| 60 | the requirements in subsection (4) shall each, upon application |
| 61 | therefor, be issued the Gold Star license plate for one vehicle |
| 62 | per household free of charge. Renewal decals for the plate |
| 63 | issued under this paragraph shall be issued at no cost. |
| 64 | (4)(a)1. The Gold Star license plate shall be issued only |
| 65 | to family members of a servicemember who resided in Florida at |
| 66 | the time of the death of the servicemember. |
| 67 | 2. To qualify for issuance of a Gold Star license plate, |
| 68 | the applicant must be directly related to a fallen servicemember |
| 69 | as spouse, legal mother or father, or stepparent who is |
| 70 | currently married to the mother or father of the fallen |
| 71 | servicemember. |
| 72 | 3. Whether a servicemember is deemed to have been killed |
| 73 | in action shall be determined by the classification of death as |
| 74 | listed by the United States Department of Defense and may be |
| 75 | verified from documentation directly from the Department of |
| 76 | Defense or from its subordinate agencies, such as the Coast |
| 77 | Guard, Reserve, or National Guard. A classification of "killed |
| 78 | in action" by the Department of Defense shall be prima facie |
| 79 | evidence that the servicemember was killed in action. |
| 80 | (b) The applicant must provide documentation of the fact |
| 81 | that the servicemember was killed in action and proof of |
| 82 | relationship to the servicemember to the tax collector or |
| 83 | license plate agent before being issued a Gold Star license |
| 84 | plate. The tax collector or license plate agent may waive the |
| 85 | requirement for such documentation and proof if he or she has |
| 86 | actual knowledge of the family relationship and that the |
| 87 | servicemember was killed in action. |
| 88 | (5) An eligible family member may request a Gold Star |
| 89 | license plate at any time during his or her registration period. |
| 90 | If such a license plate is to replace a current valid license |
| 91 | plate, the license plate shall be issued with appropriate |
| 92 | renewal decals attached. |
| 93 | Section 2. This act shall take effect July 1, 2007. |