Florida Senate - 2020                                     SB 860
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01096-20                                             2020860__
    1                        A bill to be entitled                      
    2         An act relating to specialty license plates; amending
    3         s. 320.08053, F.S.; providing legislative intent;
    4         requiring an organization that seeks authorization to
    5         establish a certain specialty license plate to submit
    6         to the Department of Highway Safety and Motor Vehicles
    7         specified information; prohibiting state funds from
    8         being used to pay any application fee; providing an
    9         exception for collegiate specialty license plates;
   10         deleting requirements related to the submission of an
   11         art design to the department if the plate is approved
   12         by law; requiring the department to establish a
   13         certain method to issue a specialty license plate
   14         voucher within a specified period after the specialty
   15         license plate approval by the department, instead of
   16         after the plate becomes law; increasing the minimum
   17         number of voucher sales an approved specialty license
   18         plate organization must record with the department
   19         before manufacture of the license plate may commence;
   20         providing requirements for the issuance of certain
   21         specialty license plates; prohibiting an out-of-state
   22         entity from applying or being approved for a specialty
   23         license plate; providing an exception for an out-of
   24         state college or university; authorizing the
   25         department to reject certain applications; authorizing
   26         the department to recall issued specialty license
   27         plates under certain circumstances; requiring the
   28         department to adopt certain rules; amending s.
   29         320.08056, F.S.; removing an exemption of collegiate
   30         license plates from requirements for discontinuing the
   31         issuance of certain specialty license plates;
   32         authorizing a vehicle owner or lessee who is issued a
   33         specialty license plate that has been discontinued by
   34         the department to keep the plate for a specified
   35         period, subject to certain requirements; providing
   36         procedural requirements for the department in
   37         discontinuing the issuance of specialty license plates
   38         and disbursing certain funds; prohibiting an out-of
   39         state entity from applying for the creation of a
   40         specialty license plate; providing an exception for an
   41         out-of-state college or university; specifying
   42         requirements for an organization that receives
   43         proceeds from the sale of an out-of-state college or
   44         university specialty license plate; amending s.
   45         320.08056, F.S.; increasing, on and after a specified
   46         date, the minimum number of specialty plate
   47         registrations below which the department must
   48         discontinue the issuance of an approved specialty
   49         license plate; conforming a provision to changes made
   50         by the act; amending s. 320.08062, F.S.; requiring the
   51         department to audit certain organizations that receive
   52         annual use fee proceeds, subject to certain
   53         requirements; creating s. 320.0875, F.S.; authorizing
   54         a resident of this state to be issued a Purple Heart
   55         special motorcycle license plate under certain
   56         circumstances; providing requirements for the plate;
   57         authorizing a certain design for the plate; amending
   58         s. 320.089, F.S.; creating a Bronze Star special
   59         license plate; providing eligibility requirements for
   60         the plate; providing requirements for the plate;
   61         providing contingent effective dates.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Section 320.08053, Florida Statutes, is amended
   66  to read:
   67         320.08053 Requirements for requests to establish specialty
   68  license plates.—
   69         (1)(a)It is the intent of the Legislature to establish a
   70  process at the Department of Highway Safety and Motor Vehicles
   71  for reviewing and approving the creation of a specialty license
   72  plate and to authorize the department to approve or deny an
   73  application for the establishment of a new specialty license
   74  plate under this chapter.
   75         (b) An organization that seeks authorization to establish a
   76  new specialty license plate for which an annual use fee is to be
   77  charged must submit to the department, at a minimum:
   78         1.A request for the particular specialty license plate
   79  being sought which describes the proposed specialty license
   80  plate in specific terms, including the proposed art design for
   81  the specialty license plate. The proposed art design must be in
   82  a medium prescribed by the department, must conform to the
   83  specifications set by the department and this chapter, and must
   84  be in substantially final form.
   85         2.A marketing strategy outlining short-term and long-term
   86  marketing plans for the requested specialty license plate and a
   87  financial analysis outlining the anticipated revenues and the
   88  planned expenditures of the revenues to be derived from the sale
   89  of the requested specialty license plate.
   90         (c)State funds may not be used to pay any application fee,
   91  except for collegiate specialty license plates authorized under
   92  s. 320.08058(3). All applications submitted on or after October
   93  1, 2020, must meet the requirements of this section and s.
   94  320.08056.
   95         (1) If a specialty license plate requested by an
   96  organization is approved by law, the organization must submit
   97  the proposed art design for the specialty license plate to the
   98  department, in a medium prescribed by the department, as soon as
   99  practicable, but no later than 60 days after the act approving
  100  the specialty license plate becomes a law.
  101         (2)(a) Within 120 days following the specialty license
  102  plate approval by the department becoming law, the department
  103  shall establish a method to issue a specialty license plate
  104  voucher to allow for the presale of the specialty license plate.
  105  The processing fee as prescribed in s. 320.08056, the service
  106  charge and branch fee as prescribed in s. 320.04, and the annual
  107  use fee as prescribed in s. 320.08056 shall be charged for the
  108  voucher. All other applicable fees shall be charged at the time
  109  of issuance of the license plates.
  110         (b) Within 24 months after the presale specialty license
  111  plate voucher is established, the approved specialty license
  112  plate organization must record with the department a minimum of
  113  2,000 1,000 voucher sales before manufacture of the license
  114  plate may commence. If, at the conclusion of the 24-month
  115  presale period, the minimum sales requirement has requirements
  116  have not been met, the specialty plate is deauthorized and the
  117  department shall discontinue development of the plate and
  118  discontinue issuance of the presale vouchers. Upon
  119  deauthorization of the license plate, a purchaser of the license
  120  plate voucher may use the annual use fee collected as a credit
  121  towards any other specialty license plate or apply for a refund
  122  on a form prescribed by the department.
  123         (3)(a) New specialty license plates that have been approved
  124  by the Legislature must be issued in the order they appear in s.
  125  320.08058, provided they have met the presale requirement. If
  126  the new specialty license plates are not approved by the
  127  Legislature, the plates must be issued in the order approved by
  128  the department, provided they have met the presale requirement.
  129  For any new specialty license plates approved before October 1,
  130  2020, specialty license plates approved by the Legislature must
  131  be issued before the specialty license plates approved by the
  132  department. For any new specialty license plates approved on or
  133  after October 1, 2020, specialty license plates approved by the
  134  department must be issued before the specialty license plates
  135  approved by the Legislature. All other requirements of this
  136  section must also be met before a plate is issued. If the next
  137  specialty license plate awaiting issuance has not met the
  138  presale requirement, the department shall identify the next
  139  qualified specialty license plate that has met the presale
  140  requirement, proceeding in the order of approval of the new
  141  specialty license plates pursuant to this paragraph.
  142         (b) If 125 or more specialty license plates have been
  143  approved, including those in s. 320.08058 and those approved by
  144  the department, the department may not make any new specialty
  145  license plates available for design or issuance until a
  146  sufficient number of plates are discontinued pursuant to s.
  147  320.08056(8) such that the number of plates being issued does
  148  not exceed 125.
  149         (4) An out-of-state entity may not apply or be approved for
  150  a specialty license plate pursuant to this section, with the
  151  exception of an out-of-state college or university.
  152         (5) The department may reject applications that contain
  153  proposed art designs it deems objectionable and applications
  154  from entities it deems objectionable. The department may recall,
  155  during a registration period, any issued specialty license plate
  156  it deems objectionable.
  157         (6) The department shall adopt rules necessary for the
  158  implementation and administration of this section.
  159         Section 2. Present subsection (12) of section 320.08056,
  160  Florida Statutes, is redesignated as subsection (14), a new
  161  subsection (12) and subsection (13) are added to that section,
  162  and subsections (8) and (11) of that section are amended, to
  163  read:
  164         320.08056 Specialty license plates.—
  165         (8)(a) The department must discontinue the issuance of an
  166  approved specialty license plate if the number of valid
  167  specialty plate registrations falls below 1,000 plates for at
  168  least 12 consecutive months. A warning letter shall be mailed to
  169  the sponsoring organization following the first month in which
  170  the total number of valid specialty plate registrations is below
  171  1,000 plates. This paragraph does not apply to collegiate
  172  license plates established under s. 320.08058(3).
  173         (b) The department is authorized to discontinue the
  174  issuance of a specialty license plate and distribution of
  175  associated annual use fee proceeds if the organization no longer
  176  exists, if the organization has stopped providing services that
  177  are authorized to be funded from the annual use fee proceeds, if
  178  the organization does not meet the presale requirements as
  179  prescribed in s. 320.08053, or pursuant to an organizational
  180  recipient’s request. Organizations shall notify the department
  181  immediately to stop all warrants for plate sales if any of the
  182  conditions in this section exist and must meet the requirements
  183  of s. 320.08062 for any period of operation during a fiscal
  184  year.
  185         (c)A vehicle owner or lessee who is issued a specialty
  186  license plate that has been discontinued by the department may
  187  keep the discontinued specialty license plate for the remainder
  188  of the 10-year license plate replacement period and shall pay
  189  all other applicable registration fees. However, such owner or
  190  lessee is exempt from paying the applicable specialty license
  191  plate use fee under paragraph (3)(d) or subsection (4) for the
  192  remainder of the 10-year license plate replacement period.
  193         (d) If the department discontinues issuance of a specialty
  194  license plate, all annual use fees held or collected by the
  195  department must be distributed within 180 days after the date on
  196  which the specialty license plate is discontinued. Of those
  197  fees, the department shall retain an amount sufficient to defray
  198  the applicable administrative and inventory closeout costs
  199  associated with discontinuance of the plate. The remaining funds
  200  must be distributed to the appropriate organization or
  201  organizations pursuant to s. 320.08058.
  202         (e) If an organization that is the intended recipient of
  203  the funds pursuant to s. 320.08058 no longer exists, the
  204  department shall deposit any undisbursed funds into the Highway
  205  Safety Operating Trust Fund.
  206         (f) Notwithstanding paragraph (a), on January 1 of each
  207  year, the department shall discontinue the specialty license
  208  plate having the fewest plates in circulation, including license
  209  plates exempt from a statutory sales requirement. The department
  210  must mail a warning letter to the sponsoring organizations of
  211  the 10 percent of the total number of specialty license plates
  212  having the fewest valid, active registrations as of December 1
  213  of each year.
  214         (11) The annual use fees fee from the sale of specialty
  215  license plates, the interest earned from those fees, or any fees
  216  received by any entity an agency as a result of the sale of
  217  specialty license plates may not be used for the purpose of
  218  marketing to, or lobbying, entertaining, or rewarding, an
  219  employee of a governmental agency that is responsible for the
  220  sale and distribution of specialty license plates, or an elected
  221  member or employee of the Legislature.
  222         (12) An out-of-state entity may not apply for the creation
  223  of a specialty license plate pursuant to the requirements of
  224  this section and s. 320.08053, with the exception of an out-of
  225  state college or university.
  226         (13) An organization that receives proceeds from the sale
  227  of an out-of-state college or university specialty license plate
  228  created pursuant to this section and ss. 320.08053 and 320.08058
  229  must meet the following requirements:
  230         (a) Have an established endowment, based in this state, for
  231  the purpose of providing scholarships to Florida residents.
  232         (b) Use the annual use fees collected and distributed under
  233  this chapter, or any interest earned from those fees, for the
  234  purpose of awarding scholarships to Florida residents for
  235  tuition and other expenses directly related to attending the
  236  out-of-state college or university.
  237         (c) Ensure that Florida residents who receive a scholarship
  238  from the established organization are eligible for the Florida
  239  Bright Futures Scholarship Program pursuant to s. 1009.531.
  240         (d)Provide documentation to the department that the
  241  organization and the department have the consent of the college
  242  or university to use an appropriate image on a license plate.
  243         Section 3. Effective July 1, 2022, paragraph (a) of
  244  subsection (8) of section 320.08056, Florida Statutes, as
  245  amended by this act, is amended to read:
  246         320.08056 Specialty license plates.—
  247         (8)(a) The department must discontinue the issuance of an
  248  approved specialty license plate if the number of valid
  249  specialty plate registrations falls below 2,000 1,000 plates for
  250  at least 12 consecutive months. A warning letter shall be mailed
  251  to the sponsoring organization following the first month in
  252  which the total number of valid specialty plate registrations is
  253  below 2,000 1,000 plates.
  254         Section 4. Paragraph (b) of subsection (1) of section
  255  320.08062, Florida Statutes, is amended to read:
  256         320.08062 Audits and attestations required; annual use fees
  257  of specialty license plates.—
  258         (1)
  259         (b) Any organization not subject to audit pursuant to s.
  260  215.97 shall annually attest, under penalties of perjury, that
  261  such proceeds were used in compliance with ss. 320.08056 and
  262  320.08058. The attestation shall be made annually in a form and
  263  format determined by the department. In addition, the department
  264  shall audit any such organization at least every 3 years to
  265  ensure that proceeds have been used in compliance with ss.
  266  320.08056 and 320.08058.
  267         Section 5. Section 320.0875, Florida Statutes, is created
  268  to read:
  269         320.0875 Purple Heart special motorcycle license plate.—
  270         (1)Upon application to the department and payment of the
  271  license tax for the motorcycle as provided in s. 320.08, a
  272  resident of this state who owns or leases a motorcycle that is
  273  not for hire or commercial use shall be issued a Purple Heart
  274  special motorcycle license plate if he or she provides
  275  documentation acceptable to the department that he or she is a
  276  recipient of the Purple Heart medal.
  277         (2)The Purple Heart special motorcycle license plate must
  278  be stamped with the term “Combat-wounded Veteran” followed by
  279  the serial number of the license plate. The Purple Heart special
  280  motorcycle license plate may have the term “Purple Heart”
  281  stamped on the plate and the likeness of the Purple Heart medal
  282  appearing on the plate.
  283         Section 6. Paragraph (a) of subsection (1) of section
  284  320.089, Florida Statutes, is amended to read:
  285         320.089 Veterans of the United States Armed Forces; members
  286  of National Guard; survivors of Pearl Harbor; Purple Heart medal
  287  recipients; Bronze Star recipients; active or retired United
  288  States Armed Forces reservists; Combat Infantry Badge, Combat
  289  Medical Badge, or Combat Action Badge recipients; Combat Action
  290  Ribbon recipients; Air Force Combat Action Medal recipients;
  291  Distinguished Flying Cross recipients; former prisoners of war;
  292  Korean War Veterans; Vietnam War Veterans; Operation Desert
  293  Shield Veterans; Operation Desert Storm Veterans; Operation
  294  Enduring Freedom Veterans; Operation Iraqi Freedom Veterans;
  295  Women Veterans; World War II Veterans; and Navy Submariners;
  296  special license plates; fee.—
  297         (1)(a) Each owner or lessee of an automobile or truck for
  298  private use or recreational vehicle as specified in s.
  299  320.08(9)(c) or (d), which is not used for hire or commercial
  300  use, who is a resident of the state and a veteran of the United
  301  States Armed Forces, a Woman Veteran, a World War II Veteran, a
  302  Navy Submariner, an active or retired member of the Florida
  303  National Guard, a survivor of the attack on Pearl Harbor, a
  304  recipient of the Purple Heart medal, a recipient of the Bronze
  305  Star, an active or retired member of any branch of the United
  306  States Armed Forces Reserve, or a recipient of the Combat
  307  Infantry Badge, Combat Medical Badge, Combat Action Badge,
  308  Combat Action Ribbon, Air Force Combat Action Medal, or
  309  Distinguished Flying Cross, upon application to the department,
  310  accompanied by proof of release or discharge from any branch of
  311  the United States Armed Forces, proof of active membership or
  312  retired status in the Florida National Guard, proof of
  313  membership in the Pearl Harbor Survivors Association or proof of
  314  active military duty in Pearl Harbor on December 7, 1941, proof
  315  of being a Purple Heart medal recipient, proof of being a Bronze
  316  Star recipient, proof of active or retired membership in any
  317  branch of the United States Armed Forces Reserve, or proof of
  318  membership in the Combat Infantrymen’s Association, Inc., proof
  319  of being a recipient of the Combat Infantry Badge, Combat
  320  Medical Badge, Combat Action Badge, Combat Action Ribbon, Air
  321  Force Combat Action Medal, or Distinguished Flying Cross, and
  322  upon payment of the license tax for the vehicle as provided in
  323  s. 320.08, shall be issued a license plate as provided by s.
  324  320.06 which, in lieu of the serial numbers prescribed by s.
  325  320.06, is stamped with the words “Veteran,” “Woman Veteran,”
  326  “WWII Veteran,” “Navy Submariner,” “National Guard,” “Pearl
  327  Harbor Survivor,” “Combat-wounded veteran,” “Bronze Star,” “U.S.
  328  Reserve,” “Combat Infantry Badge,” “Combat Medical Badge,”
  329  “Combat Action Badge,” “Combat Action Ribbon,” “Air Force Combat
  330  Action Medal,” or “Distinguished Flying Cross,” as appropriate,
  331  and a likeness of the related campaign medal or badge, followed
  332  by the serial number of the license plate. Additionally, the
  333  Purple Heart plate may have the words “Purple Heart” stamped on
  334  the plate and the likeness of the Purple Heart medal appearing
  335  on the plate.
  336         Section 7. Except as otherwise expressly provided in this
  337  act, this act shall take effect October 1, 2020, but only if SB
  338  __ or similar legislation takes effect, if such legislation is
  339  adopted in the same legislative session or an extension thereof
  340  and becomes a law.