Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 716
       
       
       
       
       
       
                                Barcode 971380                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/01/2011           .                                
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       The Committee on Transportation (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (1) of section
    6  320.06, Florida Statutes, is amended to read:
    7         320.06 Registration certificates, license plates, and
    8  validation stickers generally.—
    9         (1)
   10         (b) Registration license plates bearing a graphic symbol
   11  and the alphanumeric system of identification shall be issued
   12  for a 10-year period. At the end of that 10-year period, upon
   13  renewal, the plate shall be replaced. The department shall
   14  extend the scheduled license plate replacement date from a 6
   15  year period to a 10-year period. The fee for such replacement
   16  for standard and Florida for-profit corporate license plates is
   17  $28, $2.80 of which shall be paid each year before the plate is
   18  replaced, to be credited towards the next $28 replacement fee.
   19  The fee for such replacement for specialty license plates
   20  authorized under ss. 320.08056 and 320.08058 is $10, $1 of which
   21  shall be paid each year before the plate is replaced, and
   22  credited towards the next $10 replacement fee. The fees shall be
   23  deposited into the Highway Safety Operating Trust Fund. A credit
   24  or refund may not be given for any prior years’ payments of such
   25  prorated replacement fee if the plate is replaced or surrendered
   26  before the end of the 10-year period, except that a credit may
   27  be given if a registrant is required by the department to
   28  replace a license plate under s. 320.08056(8)(a). With each
   29  license plate, a validation sticker shall be issued showing the
   30  owner’s birth month, license plate number, and the year of
   31  expiration or the appropriate renewal period if the owner is not
   32  a natural person. The validation sticker shall be placed on the
   33  upper right corner of the license plate. Such license plate and
   34  validation sticker shall be issued based on the applicant’s
   35  appropriate renewal period. The registration period is 12
   36  months, the extended registration period is 24 months, and all
   37  expirations occur based on the applicant’s appropriate
   38  registration period. A vehicle with an apportioned registration
   39  shall be issued an annual license plate and a cab card that
   40  denote the declared gross vehicle weight for each apportioned
   41  jurisdiction in which the vehicle is authorized to operate.
   42         Section 2. Section 320.08052, Florida Statutes, is created
   43  to read:
   44         320.08052 The Florida For-Profit Corporate License Plate
   45  Program.—
   46         (1) The Department of Highway Safety and Motor Vehicles is
   47  authorized to create the Florida For-Profit Corporate License
   48  Plate Program. The department may enter into agreements with any
   49  Florida business entity, advertising firm, or for-profit
   50  business that provides the department the required legal
   51  documentation to use a corporate logo on a Florida license
   52  plate.
   53         (2) The design of a for-profit corporate license plate must
   54  be approved by the department and must have the word “Florida”
   55  at the top and is subject to the same design specifications and
   56  requirements applicable to existing nonprofit specialty license
   57  plates. A for-profit corporate license plate may be personalized
   58  as provided in s. 320.0805 but must be approved by the for
   59  profit corporation and the department before issuance.
   60         (3) A vehicle owner may apply for a for-profit corporate
   61  license plate for any motor vehicle registered in the owner’s
   62  name weighing 7,999 pounds or less and registered as a vehicle
   63  for private use, except for vehicles that require a restricted,
   64  apportioned, motorcycle size, or dual truck license plates. Each
   65  application must be accompanied by an application fee that is 50
   66  percent less than the current registration fee for that vehicle,
   67  as set forth in s. 320.08, plus a processing fee of $5 to be
   68  deposited into the Highway Safety Operating Trust Fund, plus a
   69  license plate fee as required by s. 320.06(1)(b). A request may
   70  be made at any time during a registration period. If a request
   71  is made for a for-profit corporate license plate to replace a
   72  current valid license plate, the for-profit corporate license
   73  plate shall be issued with appropriate decals attached at no tax
   74  for the plate, but all fees and service charges must be paid. If
   75  a request is made for a for-profit corporate license plate at
   76  the beginning of the registration period, the tax, together with
   77  all applicable fees and service charges, must be paid. The
   78  application by any vehicle owner for a for-profit corporate
   79  license plate authorizes the department, upon acceptance, to
   80  provide the applicant’s name and address to the for-profit
   81  corporate sponsor in compliance with s. 119.0712(2). Upon
   82  approval of the application, the for-profit corporation shall
   83  immediately remit to the department a fee of not less than $75.
   84  The department shall issue the appropriate for-profit corporate
   85  license plate to the vehicle owner, along with a registration
   86  and decal, and the registration is valid for one registration
   87  period, which may not exceed 15 months. The proceeds of the fees
   88  paid pursuant to this subsection shall be distributed as
   89  provided in this chapter. Excess revenues remaining after the
   90  distribution of all required fees shall be deposited into the
   91  Highway Safety Operating Trust Fund to fund the general
   92  operations of the department. If the number of for-profit
   93  corporate license plates for a specific for-profit corporation
   94  falls below 1,000 plates for at least 12 consecutive months, the
   95  department shall discontinue that for-profit corporate specialty
   96  license plate.
   97         (4) A Florida for-profit corporation may participate in the
   98  program by submitting an initial application fee to the
   99  department of $60,000 to defray the department’s cost for
  100  reviewing the application and developing the Florida for-profit
  101  corporate license plate and defray the potential loss of
  102  nonprofit specialty license plate sales, $10,000, of which shall
  103  be retained by the department to be applied directly to the
  104  nonprofit specialty license plate program’s annual costs
  105  retained by the department pursuant to s. 320.08056 (7); a
  106  marketing strategy outlining short-term and long-term marketing
  107  plans for the proposed specialty license plate, including a
  108  financial analysis outlining the anticipated sales of the
  109  proposed specialty license plate; and a scientific sample
  110  survey, performed independently of the requesting for-profit
  111  corporation by an organization that conducts similar sample
  112  surveys as a normal course of business of Florida motor vehicle
  113  owners that indicates at least 1,000 motor vehicle owners intend
  114  to purchase the proposed for-profit corporate license plate. In
  115  order to participate in the program, a Florida for-profit
  116  corporation must provide additional evidence of the ability to
  117  pay $75 per vehicle owner for a minimum of 5,000 vehicle owners.
  118         (5) The department shall adopt rules to administer this
  119  section.
  120         Section 3. This act shall take effect October 1, 2011.
  121  ================= T I T L E  A M E N D M E N T ================
  122         And the title is amended as follows:
  123         Delete everything before the enacting clause
  124  and insert:
  125                        A bill to be entitled                      
  126         An act relating to the For-Profit Corporate License
  127         Plate Program; amending s. 320.06, F.S.; revising
  128         provisions relating to registration certificates,
  129         license plates, and validation stickers to conform to
  130         changes made by the act; creating s. 320.08052, F.S.;
  131         authorizing the Department of Highway Safety and Motor
  132         Vehicles to create the For-Profit Corporate License
  133         Plate Program and enter into certain agreements with
  134         certain entities; requiring that for-profit corporate
  135         license plates meet specified criteria and that
  136         certain aspects of such license plates be approved by
  137         the department; authorizing owners of specified
  138         vehicles to apply for such license plates; requiring
  139         that specified minimum fees be paid by applicants and
  140         Florida for-profit corporations for such applications;
  141         requiring that the department, upon approval of an
  142         application, issue the appropriate for-profit
  143         corporate plate to the vehicle owner, along with a
  144         registration and decal valid for a specified period;
  145         providing for the distribution of fees collected;
  146         authorizing Florida for-profit corporations to
  147         participate in the program by submitting a specified
  148         minimum initial application fee; requiring that a
  149         Florida for-profit corporation meet specified
  150         eligibility requirements to participate in the
  151         program; requiring that a portion of the proceeds paid
  152         by the Florida for-profit corporation be used to
  153         defray the administrative costs of the program;
  154         requiring that the department adopt rules; providing
  155         an effective date.