Florida Senate - 2010                             CS for SB 2638
       By the Committee on Transportation; and Senator Siplin
       596-04814-10                                          20102638c1
    1                        A bill to be entitled                      
    2         An act relating to specialty license plates; amending
    3         s. 45 of chapter 2008-176, Laws of Florida; delaying
    4         the expiration of the moratorium on the issuance of
    5         new specialty license plates by the Department of
    6         Highway Safety and Motor Vehicles; amending s.
    7         320.08053, F.S.; removing provisions requiring that an
    8         organization seeking authorization to establish a new
    9         specialty license plate submit a sample survey of
   10         motor vehicle owners to the department; requiring that
   11         the department establish a method to issue vouchers
   12         allowing the presale of a specialty license plate;
   13         requiring that an organization that is approved to
   14         issue a specialty license plate record with the
   15         department a minimum number of voucher sales in order
   16         to proceed with the development of the plate;
   17         providing for the purchaser of a voucher to receive a
   18         refund or use the voucher to purchase of another
   19         license plate if the specialty plate is deauthorized;
   20         amending ss. 320.08056 and 320.08058, F.S.; conforming
   21         provisions to changes made by the act; creating the
   22         the Hispanics Settled Florida in 1513 license plate;
   23         establishing an annual use fee for the plate;
   24         providing for the distribution of use fees received
   25         from the sale of such plate; providing an effective
   26         date.
   28  Be It Enacted by the Legislature of the State of Florida:
   30         Section 1. Section 45 of chapter 2008-176, Laws of Florida,
   31  is amended to read:
   32         Section 45. Except for a specialty license plate proposal
   33  which has submitted a letter of intent to the Department of
   34  Highway Safety and Motor Vehicles prior to May 2, 2008, and
   35  which has submitted a valid survey, marketing strategy, and
   36  application fee as required by s. 320.08053, Florida Statutes,
   37  prior to October 1, 2008 the effective date of this act, or
   38  which was included in a bill filed during the 2008 Legislative
   39  Session, the Department of Highway Safety and Motor Vehicles may
   40  not issue any new specialty license plates pursuant to ss.
   41  320.08056 and 320.08058, Florida Statutes, between July 1, 2008,
   42  and July 1, 2014 2011.
   43         Section 2. Section 320.08053, Florida Statutes, is amended
   44  to read:
   45         320.08053 Requirements for requests to establish specialty
   46  license plates.—
   47         (1) An organization that seeks authorization to establish a
   48  new specialty license plate for which an annual use fee is to be
   49  charged must submit to the department:
   50         (a) A request for the particular specialty license plate
   51  being sought, describing the proposed specialty license plate in
   52  specific terms, including a sample plate that conforms to the
   53  specifications set by the department and this chapter, and that
   54  is in substantially final form.
   55         (b) The results of a scientific sample survey of Florida
   56  motor vehicle owners that indicates at least 30,000 motor
   57  vehicle owners intend to purchase the proposed specialty license
   58  plate at the increased cost. As used in this paragraph, the term
   59  “scientific sample survey” means information that is gathered
   60  from a representative subset of the population as a whole. The
   61  sample survey of registered motor vehicle owners must be
   62  performed independently of the requesting organization by an
   63  organization that conducts similar sample surveys as a normal
   64  course of business. Prior to conducting a sample survey for the
   65  purposes of this section, a requesting organization must obtain
   66  a determination from the department that the organization
   67  selected to conduct the survey performs similar surveys as a
   68  normal course of business and is independent of the requesting
   69  organization. The methodology, results, and any evaluation by
   70  the department of the scientific sample survey shall be
   71  validated by the Auditor General as a condition precedent to
   72  submission of the specialty license plate for approval by the
   73  Legislature.
   74         (b)(c) An application fee, not to exceed $60,000, to defray
   75  the department’s cost for reviewing the application and
   76  developing the specialty license plate, if authorized. State
   77  funds may not be used to pay the application fee, except for
   78  collegiate specialty license plates authorized in s.
   79  320.08058(3) and (13). The specialty license plate application
   80  provisions of this act shall not apply to any organization which
   81  has requested and received the required forms for obtaining a
   82  specialty license plate authorization from the Department of
   83  Highway Safety and Motor Vehicles, has opened a bank account for
   84  the funds collected for the specialty license tag and has made
   85  deposits to such an account, and has obtained signatures toward
   86  completing the requirements for the specialty license tag. All
   87  applications requested on or after the effective date of this
   88  act must meet the requirements of this act.
   89         (c)(d) A marketing strategy outlining short-term and long
   90  term marketing plans for the requested specialty license plate
   91  and a financial analysis outlining the anticipated revenues and
   92  the planned expenditures of the revenues to be derived from the
   93  sale of the requested specialty license plates.
   95         The information required under this subsection must be
   96  submitted to the department at least 90 days before the
   97  convening of the next regular session of the Legislature.
   98         (2) If the specialty license plate requested by the
   99  organization is approved by law, the organization must submit
  100  the proposed art design for the specialty license plate to the
  101  department, in a medium prescribed by the department, as soon as
  102  practicable, but no later than 60 days after the act approving
  103  the specialty license plate becomes a law. If the specialty
  104  license plate requested by the organization is not approved by
  105  the Legislature or does not meet the presale requirements in
  106  subsection (3), the application fee shall be refunded to the
  107  requesting organization.
  108         (3)(a) Within 120 days following the specialty license
  109  plate becoming law, the department shall establish a method to
  110  issue a specialty license plate voucher to allow for the presale
  111  of the specialty license plate. The processing fee as prescribed
  112  in s. 320.08056, the service charge and branch fee as prescribed
  113  in s. 320.04, and the annual use fee as prescribed in s.
  114  320.08056 shall be charged for the voucher. All other applicable
  115  fees shall be charged at the time of issuance of the license
  116  plates.
  117         (b) Within 24 months after the presale specialty license
  118  plate voucher is established, the approved specialty license
  119  plate organization must record with the department a minimum of
  120  1,000 voucher sales before manufacture of the license plate may
  121  commence. If, at the conclusion of the 24-month presale period,
  122  the minimum sales requirements have not been met, the specialty
  123  plate is deauthorized and the department shall discontinue
  124  development of the plate and discontinue issuance of the presale
  125  vouchers. Upon deauthorization of the license plate, a purchaser
  126  of the license plate voucher may use the annual use fee
  127  collected as a credit towards any other specialty license plate
  128  or apply for a refund on a form prescribed by the department.
  129         (c) An organization that meets the requirements of this
  130  subsection shall be deemed to have submitted a valid survey for
  131  purposes of s. 45 of chapter 2008-176, Laws of Florida, as
  132  amended.
  133         Section 3. Subsection (1) and paragraph (b) of subsection
  134  (8) of section 320.08056, Florida Statutes, are amended, and
  135  paragraph (rrr) is added to subsection (4) of that section, to
  136  read:
  137         320.08056 Specialty license plates.—
  138         (1) The department is responsible for developing the
  139  specialty license plates authorized in s. 320.08053. The
  140  department shall begin production and distribution of each new
  141  specialty license plate within 1 year after approval of the
  142  specialty license plate by the Legislature.
  143         (4) The following license plate annual use fees shall be
  144  collected for the appropriate specialty license plates:
  145         (rrr)Hispanics Settled Florida in 1513 license plate, $25.
  146         (8)
  147         (b) The department is authorized to discontinue the
  148  issuance of a specialty license plate and distribution of
  149  associated annual use fee proceeds if the organization no longer
  150  exists, if the organization has stopped providing services that
  151  are authorized to be funded from the annual use fee proceeds, if
  152  the organization does not meet the presale requirements as
  153  prescribed in s. 320.08053(3), or pursuant to an organizational
  154  recipient’s request. Organizations shall are required to notify
  155  the department immediately to stop all warrants for plate sales
  156  if any of the conditions in this section exist, and must meet
  157  the requirements of s. 320.08062 for any period of operation
  158  during a fiscal year.
  159         Section 4. Subsection (70) is added to section 320.08058,
  160  Florida Statutes, to read:
  161         320.08058 Specialty license plates.—
  163         (a) Upon the National Hispanics Corporate Achievers, Inc.,
  164  meeting the requirements of s. 320.08053, the department shall
  165  develop a Hispanics Settled Florida in 1513 license plate as
  166  provided in this section. The plate must bear the colors and
  167  design approved by the department. The word “Florida” must
  168  appear at the top of the plate and the words
  169  “WWW.HISPANICACHIEVERS.ORG” must appear at the bottom of the
  170  plate.
  171         (b)The annual use fees shall be distributed to National
  172  Hispanic Corporate Achievers, Inc., an organization in Longwood
  173  which sponsors minority job fairs. National Hispanic Corporate
  174  Achievers, Inc., shall use the funds as follows:
  175         1. Ten percent shall be distributed to the Valencia
  176  Community College Foundation to fund scholarship grants to
  177  Hispanic students;
  178         2. Ten percent shall be distributed to Anna G. Mendez
  179  University to fund scholarship grants to Hispanic students;
  180         3. Thirty percent shall be distributed to the Florida
  181  Hispanic Foundation to fund scholarship grants to community
  182  colleges in this state, as determined by the foundation; and
  183         4.The remaining funds shall be used by Hispanic Corporate
  184  Achievers, Inc., to fund job-development programs, job fairs,
  185  and educational seminars in this state.
  186         Section 5. This act shall take effect July 1, 2010.