Florida Senate - 2021                                    SB 1862
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-01133A-21                                          20211862__
    1                        A bill to be entitled                      
    2         An act relating to fees; amending ss. 320.06 and
    3         320.08053, F.S.; conforming cross-references; amending
    4         s. 320.08056, F.S.; requiring the Department of
    5         Highway Safety and Motor Vehicles to establish fees
    6         for issuance or renewal of specialty license plates
    7         marketed and sold by private vendors; requiring
    8         certain portions of a contract with the private vendor
    9         to be paid with such fees; requiring certain excess
   10         fees to be deposited in the General Revenue Fund;
   11         conforming provisions to changes made by the act;
   12         amending s. 320.08058, F.S.; conforming a cross
   13         reference; providing a contingent effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (b) of subsection (1) of section
   18  320.06, Florida Statutes, as amended by SB ___, 2021 Regular
   19  Session, is amended to read:
   20         320.06 Registration certificates, license plates, and
   21  validation stickers generally.—
   22         (1)
   23         (b)1. Except as provided in s. 320.08056(5) s.
   24  320.08056(3), registration license plates bearing a graphic
   25  symbol and the alphanumeric system of identification shall be
   26  issued for a 10-year period. At the end of the 10-year period,
   27  upon renewal, the plate shall be replaced. The department shall
   28  extend the scheduled license plate replacement date from a 6
   29  year period to a 10-year period. The fee for such replacement is
   30  $28, $2.80 of which shall be paid each year before the plate is
   31  replaced, to be credited toward the next $28 replacement fee.
   32  The fees shall be deposited into the Highway Safety Operating
   33  Trust Fund. A credit or refund may not be given for any prior
   34  years’ payments of the prorated replacement fee if the plate is
   35  replaced or surrendered before the end of the 10-year period,
   36  except that a credit may be given if a registrant is required by
   37  the department to replace a license plate under s.
   38  320.08056(14)(a) s. 320.08056(11)(a). With each license plate, a
   39  validation sticker shall be issued showing the owner’s birth
   40  month, license plate number, and the year of expiration or the
   41  appropriate renewal period if the owner is not a natural person.
   42  The validation sticker shall be placed on the upper right corner
   43  of the license plate. The license plate and validation sticker
   44  shall be issued based on the applicant’s appropriate renewal
   45  period. The registration period is 12 months, the extended
   46  registration period is 24 months, and all expirations occur
   47  based on the applicant’s appropriate registration period. A
   48  vehicle that has an apportioned registration shall be issued an
   49  annual license plate and a cab card that denote the declared
   50  gross vehicle weight for each apportioned jurisdiction in which
   51  the vehicle is authorized to operate.
   52         2. In order to retain the efficient administration of the
   53  taxes and fees imposed by this chapter, the 80-cent fee increase
   54  in the replacement fee imposed by chapter 2009-71, Laws of
   55  Florida, is negated as provided in s. 320.0804.
   56         Section 2. Paragraph (b) of subsection (3) of section
   57  320.08053, Florida Statutes, as amended by SB ____, 2021 Regular
   58  Session, is amended to read:
   59         320.08053 Establishment of specialty license plates.—
   60         (3)
   61         (b) If the Legislature has approved 150 or more specialty
   62  license plates, the department may not make any new specialty
   63  license plates available for design or issuance until a
   64  sufficient number of plates are discontinued pursuant to s.
   65  320.08056(14) s. 320.08056(11) such that the number of plates
   66  being issued does not exceed 150. Notwithstanding s.
   67  320.08056(14)(a) s. 320.08056(11)(a), the 150-license-plate
   68  limit includes license plates above the minimum sales threshold
   69  and those exempt from that threshold. This paragraph does not
   70  apply to specialty license plates marketed and sold by private
   71  vendors.
   72         Section 3. Subsections (2), (3), and (4) through (18) of
   73  section 320.08056, Florida Statutes, as amended by SB ____, 2021
   74  Regular Session, are redesignated as subsections (4), (5), and
   75  (7) through (21), respectively, new subsections (2), (3), and
   76  (6) are added to that section, and paragraphs (b) and (c) of
   77  subsection (1), present subsection (3), paragraph (d) of present
   78  subsection (6), paragraph (c) of present subsection (11),
   79  paragraph (a) of present subsection (13), and present subsection
   80  (15) of that section are amended, to read:
   81         320.08056 Specialty license plates.—
   82         (1) The department is responsible for developing the
   83  specialty license plates authorized in s. 320.08053 and shall
   84  enter into a contract with an experienced private vendor whose
   85  proposal is most advantageous to the state, as determined from
   86  competitive sealed proposals that satisfy the requirements of
   87  this section, for the exclusive vendor rights to market and sell
   88  specialty license plates.
   89         (b) A contract entered into with a private vendor shall
   90  provide for the department to recover all costs incurred by the
   91  department in implementing subsections (2)-(6) (2) and (3).
   92  Under the contract, the department may require the private
   93  vendor to reimburse the department in advance for up to 50
   94  percent of the department’s anticipated costs in connection with
   95  the contract and the department’s anticipated costs in
   96  connection with the introduction of a new specialty license
   97  plate under the contract.
   98         (c) The department shall certify to the Chief Financial
   99  Officer an estimate, with a detailed explanation of the basis on
  100  which the estimate is calculated, of all reasonable costs to the
  101  department associated with the evaluation of competitive sealed
  102  proposals received by the department under this subsection and
  103  with the implementation and enforcement of a contract entered
  104  into under this subsection, including direct, indirect, and
  105  administrative costs for the issuance or renewal of specialty
  106  license plates under subsection (8) (5).
  107         (2)The department shall, by rule, establish fees for the
  108  issuance or renewal of specialty license plates that are
  109  marketed and sold by a private vendor. Fees must be reasonable
  110  and not less than the amounts necessary to allow the department
  111  to recover all reasonable costs to the department associated
  112  with the evaluation of the competitive sealed proposals received
  113  by the department and with the implementation and enforcement of
  114  the contract, including direct, indirect, and administrative
  115  costs. A fee established under this subsection is in addition to
  116  the registration fee and any optional registration fee for the
  117  motor vehicle for which a specialty license plate is issued and
  118  any additional fee for the issuance of a specialty license plate
  119  for that motor vehicle.
  120         (3)The portion of a contract with the private vendor
  121  regarding the marketing and sale of specialty license plates is
  122  payable only from amounts derived from the collection of the fee
  123  established under subsection (2).
  124         (5)(3) Notwithstanding s. 320.06, a specialty license plate
  125  marketed and sold by a private vendor must be approved by the
  126  department for issuance for a term of 1, 3, 5, or 10 years.
  127  Subject to the limitations provided in subsection (14) (11) and
  128  s. 320.08053(2)(b), the department may cancel a specialty
  129  license plate or require the discontinuation of a specialty
  130  license plate design or color combination that is marketed and
  131  sold by the private vendor under contract at any time if the
  132  department determines that the cancellation or discontinuation
  133  is in the best interest of this state or the motoring public.
  134         (6)To the extent that specialty license plate fees
  135  collected under this section are in excess of the minimum amount
  136  required under subsection (9) or subsection (10), less any fees
  137  negotiated with the private vendor, the excess amount shall be
  138  deposited in the General Revenue Fund.
  139         (9)(6) Each request for a specialty license plate must be
  140  made annually to the department or an authorized agent serving
  141  on behalf of the department, accompanied by the following tax
  142  and fees:
  143         (d) Unless the amount of an annual use fee is otherwise
  144  specified in subsection (10) (7) for a particular specialty
  145  license plate, an annual use fee of $25 for any specialty
  146  license plate that is required to be developed under s.
  147  320.08058, plus any amounts necessary to allow the department to
  148  recover all reasonable costs to the department associated with a
  149  specialty license plate marketed and sold by a private vendor,
  150  including evaluation of competitive sealed proposals received by
  151  the department, implementation and enforcement of a contract,
  152  and any other direct, indirect, and administrative costs.
  153  
  154  A request may be made any time during a registration period. If
  155  a request is made for a specialty license plate to replace a
  156  current valid license plate, the specialty license plate must be
  157  issued with appropriate decals attached at no tax for the plate,
  158  but all fees and service charges must be paid. If a request is
  159  made for a specialty license plate at the beginning of the
  160  registration period, the tax, together with all applicable fees
  161  and service charges, must be paid.
  162         (14)(11)
  163         (c) A vehicle owner or lessee issued a specialty license
  164  plate that has been discontinued by the department may keep the
  165  discontinued specialty license plate for the remainder of the
  166  license plate replacement period provided in subsection (5) (3)
  167  or s. 320.06, as applicable, and must pay all other applicable
  168  registration fees. However, such owner or lessee is exempt from
  169  paying the applicable specialty license plate annual use fee
  170  under paragraph (9)(d) (6)(d) or subsection (10) (7) for the
  171  remainder of the license plate replacement period.
  172         (16)(a)(13)(a) A specialty license plate annual use fee
  173  collected and distributed under this chapter, or any interest
  174  earned from those fees, may not be used for commercial or for
  175  profit activities nor for general or administrative expenses,
  176  except as authorized by s. 320.08058 or to pay the cost of the
  177  audit or report required by s. 320.08062(1). The fees and any
  178  interest earned from the fees may be expended only for use in
  179  this state unless the annual use fee is derived from the sale of
  180  United States Armed Forces and veterans-related specialty
  181  license plates pursuant to paragraph (9)(d) (6)(d) for the
  182  Support Our Troops and American Legion license plates;
  183  paragraphs (10)(b), (q), and (v) (7)(b), (q), and (v) for the
  184  Florida Salutes Veterans, United States Marine Corps, and
  185  Military Services license plates, respectively; and s. 320.0891
  186  for the U.S. Paratrooper license plate. This paragraph does not
  187  apply to specialty license plates marketed and sold by private
  188  vendors.
  189         (18)(15) Notwithstanding s. 320.08058(3)(a), the
  190  department, in cooperation with the independent colleges or
  191  universities as defined in s. 1009.89 or s. 1009.891, shall
  192  create a standard template specialty license plate with a unique
  193  logo or graphic identifying each independent college or
  194  university. Each independent college or university may elect to
  195  use this standard template specialty license plate in lieu of
  196  its own specialty license plate. Annual use fees from the sale
  197  of these license plates shall be distributed to the independent
  198  college or university for which the logo or graphic is displayed
  199  on the license plate and shall be used as provided in s.
  200  320.08058(3). Independent colleges or universities opting to use
  201  the standard template specialty license plate shall have their
  202  plate sales combined for purposes of meeting the minimum license
  203  plate sales threshold in paragraph (14)(a) (11)(a) and for
  204  determining the license plate limit in s. 320.08053(3)(b).
  205  Specialty license plates created pursuant to this subsection
  206  must be ordered directly from the department. This paragraph
  207  does not apply to specialty license plates marketed and sold by
  208  private vendors.
  209         Section 4. Subsection (101) of section 320.08058, Florida
  210  Statutes, as amended by SB ____, 2021 Regular Session, is
  211  amended to read:
  212         320.08058 Specialty license plates.—
  213         (101) DIVINE NINE LICENSE PLATES.—
  214         (a) The department shall develop a Divine Nine license
  215  plate as provided in this section and s. 320.08053 using a
  216  standard template and a unique logo, graphic, or color for each
  217  of the organizations listed in sub-subparagraphs (b)2.a.-i. The
  218  plate must bear the colors and design approved by the
  219  department, and must include the official logo, graphic, or
  220  color as appropriate for each organization. The word “Florida”
  221  must appear at the top of the plate, and the words “Divine Nine”
  222  must appear at the bottom of the plate.
  223         (b) The annual use fees from the sale of the plate shall be
  224  distributed as follows:
  225         1. Five percent of the proceeds shall be distributed to the
  226  United Negro College Fund, Inc., for college scholarships for
  227  Florida residents attending Florida’s historically black
  228  colleges and universities.
  229         2. The remaining 95 percent of the proceeds shall be
  230  distributed to one of the following organizations as selected by
  231  the purchaser of the plate who shall receive a license plate
  232  with the logo, graphic, or color associated with the appropriate
  233  recipient organization:
  234         a. Alpha Phi Alpha Fraternity, Inc.
  235         (I) Eighty-five percent shall be distributed to the Florida
  236  Federation of Alpha Chapters, Inc., to promote community
  237  awareness and action through educational, economic, and cultural
  238  service activities within this state.
  239         (II) Ten percent shall be distributed to the Florida
  240  Federation of Alpha Chapters, Inc., solely for the marketing of
  241  the plate.
  242         b. Alpha Kappa Alpha Sorority, Inc.
  243         (I) Eighty-five percent shall be distributed to the Alpha
  244  Kappa Alpha Educational Advancement Foundation, Inc., to promote
  245  community awareness and action through educational, economic,
  246  and cultural service activities within this state.
  247         (II) Ten percent shall be distributed to the Alpha Kappa
  248  Alpha Educational Advancement Foundation, Inc., solely for the
  249  marketing of the plate.
  250         c. Kappa Alpha Psi Fraternity, Inc.
  251         (I) Eighty-five percent shall be distributed to the
  252  Southern Province of Kappa Alpha Psi Fraternity, Inc., to
  253  promote community awareness and action through educational,
  254  economic, and cultural service activities within this state.
  255         (II) Ten percent shall be distributed to the Southern
  256  Province of Kappa Alpha Psi Fraternity, Inc., solely for the
  257  marketing of the plate.
  258         d. Omega Psi Phi Fraternity, Inc.
  259         (I) Eighty-five percent shall be distributed to the State
  260  of Florida Omega Friendship Foundation, Inc., to promote
  261  community awareness and action through educational, economic,
  262  and cultural service activities within this state.
  263         (II) Ten percent shall be distributed to the State of
  264  Florida Omega Friendship Foundation, Inc., solely for the
  265  marketing of the plate.
  266         e. Delta Sigma Theta Sorority, Inc.
  267         (I) Eighty-five percent shall be distributed to the Delta
  268  Research and Educational Foundation, Inc., to promote community
  269  awareness and action through educational, economic, and cultural
  270  service activities within this state.
  271         (II) Ten percent shall be distributed to the Delta Research
  272  and Educational Foundation, Inc., solely for the marketing of
  273  the plate.
  274         f. Phi Beta Sigma Fraternity, Inc.
  275         (I) Eighty-five percent shall be distributed to the TMB
  276  Charitable Foundation, Inc., to promote community awareness and
  277  action through educational, economic, and cultural service
  278  activities within this state.
  279         (II) Ten percent shall be distributed to the TMB Charitable
  280  Foundation, Inc., solely for the marketing of the plate.
  281         g. Zeta Phi Beta Sorority, Inc.
  282         (I) Eighty-five percent shall be distributed to the Florida
  283  Pearls, Inc., to promote community awareness and action through
  284  educational, economic, and cultural service activities within
  285  this state.
  286         (II) Ten percent shall be distributed to the Florida
  287  Pearls, Inc., solely for the marketing of the plate.
  288         h. Sigma Gamma Rho Sorority, Inc.
  289         (I) Eighty-five percent shall be distributed to the Sigma
  290  Gamma Rho Sorority National Education Fund, Inc., to promote
  291  community awareness and action through educational, economic,
  292  and cultural service activities within this state.
  293         (II) Ten percent shall be distributed to the Sigma Gamma
  294  Rho Sorority National Education Fund, Inc., solely for the
  295  marketing of the plate.
  296         i. Iota Phi Theta Fraternity, Inc.
  297         (I) Eighty-five percent shall be distributed to the
  298  National Iota Foundation, Inc., to promote community awareness
  299  and action through educational, economic, and cultural service
  300  activities within this state.
  301         (II) Ten percent shall be distributed to the National Iota
  302  Foundation, Inc., solely for the marketing of the plate.
  303  
  304  License plates created pursuant to this subsection shall have
  305  their plate sales combined for the purpose of meeting the
  306  minimum license plate sales threshold in s. 320.08056(14)(a) s.
  307  320.08056(11)(a) and for determining the license plate limit in
  308  s. 320.08053(3)(b). License plates created pursuant to this
  309  subsection must be ordered directly from the department.
  310         Section 5. This act shall take effect on the same date that
  311  SB ___ or similar legislation takes effect, if such legislation
  312  is adopted in the same legislative session or an extension
  313  thereof and becomes a law.