Florida Senate - 2016                              CS for SB 518
       
       
        
       By the Committee on Transportation; and Senators Soto and Hutson
       
       
       
       
       
       596-01806-16                                           2016518c1
    1                        A bill to be entitled                      
    2         An act relating to special license plates; amending s.
    3         320.089, F.S.; creating a special license plate for
    4         recipients of the Bronze Star medal; requiring any
    5         revenue generated from the sale of Woman Veteran
    6         license plates to be deposited into the Grants and
    7         Donations Trust Fund, instead of the Operations and
    8         Maintenance Trust Fund; conforming a cross-reference;
    9         amending ss. 296.11 and 296.38, F.S.; requiring
   10         certain homes to deposit all moneys received from the
   11         sale of Woman Veteran license plates into the Grants
   12         and Donations Trust Fund; requiring that such moneys
   13         be expended for certain purposes; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 320.089, Florida Statutes, is amended to
   19  read:
   20         320.089 Veterans of the United States Armed Forces; members
   21  of National Guard; survivors of Pearl Harbor; Purple Heart and
   22  Bronze Star medal recipients; active or retired United States
   23  Armed Forces reservists; Combat Infantry Badge, Combat Medical
   24  Badge, or Combat Action Badge recipients; Combat Action Ribbon
   25  recipients; Air Force Combat Action Medal recipients;
   26  Distinguished Flying Cross recipients; former prisoners of war;
   27  Korean War Veterans; Vietnam War Veterans; Operation Desert
   28  Shield Veterans; Operation Desert Storm Veterans; Operation
   29  Enduring Freedom Veterans; Operation Iraqi Freedom Veterans;
   30  Women Veterans; World War II Veterans; and Navy Submariners;
   31  special license plates; fee.—
   32         (1)(a) Each owner or lessee of an automobile or truck for
   33  private use or recreational vehicle as specified in s.
   34  320.08(9)(c) or (d), which is not used for hire or commercial
   35  use, who is a resident of the state and a veteran of the United
   36  States Armed Forces, a Woman Veteran, a World War II Veteran, a
   37  Navy Submariner, an active or retired member of the Florida
   38  National Guard, a survivor of the attack on Pearl Harbor, a
   39  recipient of the Purple Heart medal, a recipient of the Bronze
   40  Star medal, an active or retired member of any branch of the
   41  United States Armed Forces Reserve, or a recipient of the Combat
   42  Infantry Badge, Combat Medical Badge, Combat Action Badge,
   43  Combat Action Ribbon, Air Force Combat Action Medal, or
   44  Distinguished Flying Cross, upon application to the department,
   45  accompanied by proof of release or discharge from any branch of
   46  the United States Armed Forces, proof of active membership or
   47  retired status in the Florida National Guard, proof of
   48  membership in the Pearl Harbor Survivors Association or proof of
   49  active military duty in Pearl Harbor on December 7, 1941, proof
   50  of being a Purple Heart or Bronze Star medal recipient, proof of
   51  active or retired membership in any branch of the United States
   52  Armed Forces Reserve, or proof of membership in the Combat
   53  Infantrymen’s Association, Inc., proof of being a recipient of
   54  the Combat Infantry Badge, Combat Medical Badge, Combat Action
   55  Badge, Combat Action Ribbon, Air Force Combat Action Medal, or
   56  Distinguished Flying Cross, and upon payment of the license tax
   57  for the vehicle as provided in s. 320.08, shall be issued a
   58  license plate as provided by s. 320.06 which, in lieu of the
   59  serial numbers prescribed by s. 320.06, is stamped with the
   60  words “Veteran,” “Woman Veteran,” “WWII Veteran,” “Navy
   61  Submariner,” “National Guard,” “Pearl Harbor Survivor,” “Combat
   62  wounded veteran,” “Bronze Star,” “U.S. Reserve,” “Combat
   63  Infantry Badge,” “Combat Medical Badge,” “Combat Action Badge,”
   64  “Combat Action Ribbon,” “Air Force Combat Action Medal,” or
   65  “Distinguished Flying Cross,” as appropriate, and a likeness of
   66  the related campaign medal or badge, followed by the serial
   67  number of the license plate. Additionally, the Purple Heart
   68  plate may have the words “Purple Heart” stamped on the plate and
   69  the likeness of the Purple Heart medal appearing on the plate.
   70         (b) Notwithstanding any other provision of law to the
   71  contrary, beginning with fiscal year 2002-2003 and annually
   72  thereafter, the first $100,000 in general revenue generated from
   73  the sale of license plates issued under this section shall be
   74  deposited into the Grants and Donations Trust Fund, as described
   75  in s. 296.38(2), to be used for the purposes established by law
   76  for that trust fund. Any additional general revenue generated
   77  from the sale of such plates shall be deposited into the State
   78  Homes for Veterans Trust Fund and used solely to construct,
   79  operate, and maintain domiciliary and nursing homes for
   80  veterans, subject to the requirements of chapter 216.
   81         (c) Any revenue generated from the sale of Woman Veteran
   82  license plates must be deposited into the Grants and Donations
   83  Operations and Maintenance Trust Fund administered by the
   84  Department of Veterans’ Affairs pursuant to s. 20.375(2) s.
   85  20.375(3) and must be used solely for the purpose of creating
   86  and implementing programs to benefit women veterans.
   87  Notwithstanding any provisions of law to the contrary, an
   88  applicant for a Pearl Harbor Survivor license plate or a Purple
   89  Heart license plate who also qualifies for a disabled veteran’s
   90  license plate under s. 320.084 shall be issued the appropriate
   91  special license plate without payment of the license tax imposed
   92  by s. 320.08.
   93         (2) Each owner or lessee of an automobile or truck for
   94  private use, a truck weighing not more than 7,999 pounds, or a
   95  recreational vehicle as specified in s. 320.08(9)(c) or (d),
   96  which is not used for hire or commercial use who is a resident
   97  of this state and who is a former prisoner of war, or his or her
   98  unremarried surviving spouse, upon application to the
   99  department, shall be issued a license plate as provided in s.
  100  320.06, stamped with the words “Ex-POW” followed by the serial
  101  number. Each application shall be accompanied by proof that the
  102  applicant meets the qualifications specified in paragraph (a) or
  103  paragraph (b).
  104         (a) A citizen of the United States who served as a member
  105  of the Armed Forces of the United States or the armed forces of
  106  a nation allied with the United States who was held as a
  107  prisoner of war at such time as the Armed Forces of the United
  108  States were engaged in combat, or his or her unremarried
  109  surviving spouse, may be issued the special license plate
  110  provided for in this subsection without payment of the license
  111  tax imposed by s. 320.08.
  112         (b) A person who was serving as a civilian with the consent
  113  of the United States Government, or a person who was a member of
  114  the Armed Forces of the United States while he or she was not a
  115  United States citizen and was held as a prisoner of war when the
  116  Armed Forces of the United States were engaged in combat, or his
  117  or her unremarried surviving spouse, may be issued the special
  118  license plate provided for in this subsection upon payment of
  119  the license tax imposed by s. 320.08.
  120         (3) Each owner or lessee of an automobile or truck for
  121  private use, a truck weighing not more than 7,999 pounds, or a
  122  recreational vehicle as specified in s. 320.08(9)(c) or (d),
  123  which is not used for hire or commercial use who is a resident
  124  of this state and who is the unremarried surviving spouse of a
  125  recipient of the Purple Heart medal, upon application to the
  126  department accompanied by the payment of the required fees,
  127  shall be issued a license plate as provided in s. 320.06 which
  128  is stamped with the words “Purple Heart” and the likeness of the
  129  Purple Heart medal followed by the serial number. Each
  130  application shall be accompanied by proof that the applicant is
  131  the unremarried surviving spouse of a recipient of the Purple
  132  Heart medal.
  133         (4) The owner or lessee of an automobile or truck for
  134  private use, a truck weighing not more than 7,999 pounds, or a
  135  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  136  which is not used for hire or commercial use who is a resident
  137  of this state and a current or former member of the United
  138  States Armed Forces who was deployed and served in Korea during
  139  the Korean War as defined in s. 1.01(14), upon application to
  140  the department accompanied by proof of active membership or
  141  former active duty status during the Korean War and payment of
  142  the license tax for the vehicle as provided in s. 320.08, shall
  143  be issued a license plate as provided by s. 320.06 which, in
  144  lieu of the registration license number prescribed by s. 320.06,
  145  is stamped with the words “Korean War Veteran” and a likeness of
  146  the Korean Service Medal, followed by the registration license
  147  number of the plate. Proof that the applicant was awarded the
  148  Korean Service Medal is sufficient to establish eligibility for
  149  the license plate.
  150         (5) The owner or lessee of an automobile or truck for
  151  private use, a truck weighing not more than 7,999 pounds, or a
  152  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  153  which is not used for hire or commercial use who is a resident
  154  of this state and a current or former member of the United
  155  States military who was deployed and served in Vietnam during
  156  United States military deployment in Indochina, upon application
  157  to the department accompanied by proof of active membership or
  158  former active duty status during these operations and payment of
  159  the license tax for the vehicle as provided in s. 320.08, shall
  160  be issued a license plate as provided by s. 320.06 which, in
  161  lieu of the registration license number prescribed by s. 320.06,
  162  is stamped with the words “Vietnam War Veteran” and a likeness
  163  of the Vietnam Service Medal, followed by the registration
  164  license number of the plate. Proof that the applicant was
  165  awarded the Vietnam Service Medal is sufficient to establish
  166  eligibility for the license plate.
  167         (6) The owner or lessee of an automobile or truck for
  168  private use, a truck weighing not more than 7,999 pounds, or a
  169  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  170  which is not used for hire or commercial use who is a resident
  171  of this state and a current or former member of the United
  172  States military who was deployed and served in Saudi Arabia,
  173  Kuwait, or another area of the Persian Gulf during Operation
  174  Desert Shield or Operation Desert Storm; in Afghanistan during
  175  Operation Enduring Freedom; or in Iraq during Operation Iraqi
  176  Freedom, upon application to the department accompanied by proof
  177  of active membership or former active duty status during one of
  178  these operations and payment of the license tax for the vehicle
  179  as provided in s. 320.08, shall be issued a license plate as
  180  provided by s. 320.06 which, in lieu of the registration license
  181  number prescribed by s. 320.06, is stamped with the words
  182  “Operation Desert Shield,” “Operation Desert Storm,” “Operation
  183  Enduring Freedom,” or “Operation Iraqi Freedom,” as appropriate,
  184  and a likeness of the related campaign medal followed by the
  185  registration license number of the plate. Proof that the
  186  applicant was awarded the Southwest Asia Service Medal, Iraq
  187  Campaign Medal, Afghanistan Campaign Medal, or Global War on
  188  Terrorism Expeditionary Medal is sufficient to establish
  189  eligibility for the appropriate license plate.
  190         Section 2. Present subsection (3) of section 296.11,
  191  Florida Statutes, is redesignated as subsection (4), and a new
  192  subsection (3) is added to that section, to read:
  193         296.11 Funds of home and disposition of moneys.—
  194         (3) The home shall deposit all moneys received pursuant to
  195  s. 320.089(1)(c) from the sale of Woman Veteran license plates
  196  into the Grants and Donations Trust Fund. Notwithstanding
  197  subsection (2), all such moneys must be expended solely for the
  198  purpose of creating and implementing programs that benefit women
  199  veterans.
  200         Section 3. Subsection (2) of section 296.38, Florida
  201  Statutes, is amended to read:
  202         296.38 Funds of home and disposition of moneys.—
  203         (2)(a) The home may shall be empowered to receive and
  204  accept gifts, grants, and endowments in the name of the home.
  205  All such gifts, grants, and endowments shall are to be used for
  206  the benefit of the home and its residents. In the absence of a
  207  specific directive from the benefactor, the administrator and,
  208  together with the director may, shall have the authority to
  209  determine how these gifts, grants, and endowments will could
  210  best benefit the home and its residents unless the benefactor
  211  requests or instructs that the gift, grant, or endowment be used
  212  for a specific purpose. The home shall deposit all moneys
  213  received pursuant to this subsection into the Grants and
  214  Donations Trust Fund. Moneys in the Grants and Donations Trust
  215  Fund shall be expended for the common benefit of the residents
  216  of the home, such as recreational equipment and supplies,
  217  improved facilities, recreational supplies, and goods and
  218  services offered or available to all residents.
  219         (b) The home shall deposit all moneys received pursuant to
  220  s. 320.089(1)(c) from the sale of Woman Veteran license plates
  221  into the Grants and Donations Trust Fund. Notwithstanding
  222  paragraph (a), all such moneys must be expended solely for the
  223  purpose of creating and implementing programs that benefit women
  224  veterans.
  225         Section 4. This act shall take effect July 1, 2016.