CS for CS for SB 364 First Engrossed
2022364e1
1 A bill to be entitled
2 An act relating to specialty license plates; amending
3 s. 320.08053, F.S.; revising presale voucher sales
4 requirements for specialty license plates; requiring
5 the Department of Highway Safety and Motor Vehicles to
6 extend the presale period by a specified amount of
7 time for certain approved specialty license plate
8 organizations; amending s. 320.08056, F.S.; revising
9 the calculation of certain independent college and
10 university specialty license plate sales for certain
11 determinations; requiring the department to continue
12 to collect annual use fees for certain discontinued or
13 replaced plates; amending s. 320.08058, F.S.; revising
14 annual use fee distributions from the sale of the Live
15 the Dream license plate; providing for the award of
16 scholarships to certain students through a competitive
17 application process; providing for fiscal oversight by
18 a certified public accounting firm; requiring the
19 department to develop a Blue Angels motorcycle
20 specialty license plate; specifying a design
21 requirement for the plate; requiring that the number
22 of valid Blue Angels motor vehicle and motorcycle
23 specialty license plates be added together for
24 purposes of a certain determination; directing the
25 department to develop Inter Miami CF, Safe Haven for
26 Newborns, Pap Corps Champions for Cancer Research,
27 Learn to Fly, Florida Swims, Ethical Ecotourism, Down
28 Syndrome Awareness, and Gopher Tortoise license
29 plates; providing for distribution and use of fees
30 collected from the sale of such license plates;
31 providing a directive to the Division of Law Revision;
32 providing effective dates.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Paragraph (b) of subsection (2) of section
37 320.08053, Florida Statutes, is amended to read:
38 320.08053 Establishment of specialty license plates.—
39 (2)
40 (b) Within 24 months after the presale specialty license
41 plate voucher is established, the approved specialty license
42 plate organization must record with the department a minimum of
43 2,500 3,000 voucher sales, or in the case of an out-of-state
44 college or university license plate, 4,000 voucher sales, before
45 manufacture of the license plate may commence. The department
46 shall extend this presale period by an additional 24 months for
47 an approved specialty license plate organization that, as of the
48 effective date of this act, is in the presale period but has not
49 recorded at least 2,500 voucher sales. If, at the conclusion of
50 the 24-month presale period, the minimum sales requirement has
51 not been met, the specialty plate is deauthorized, and the
52 department shall discontinue development of the plate and
53 discontinue issuance of the presale vouchers. Upon
54 deauthorization of the license plate or if the plate has met the
55 presale requirement but has not been issued, a purchaser of the
56 license plate voucher may use the annual use fee collected as a
57 credit towards any other specialty license plate or apply for a
58 refund on a form prescribed by the department.
59 Section 2. Subsection (12) of section 320.08056, Florida
60 Statutes, is amended to read:
61 320.08056 Specialty license plates.—
62 (12) Notwithstanding s. 320.08058(3)(a), the department, in
63 cooperation with the independent colleges or universities as
64 described in s. 1009.89, shall create a standard template
65 specialty license plate with a unique logo or graphic
66 identifying each independent college or university. Each
67 independent college or university may elect to use this standard
68 template specialty license plate in lieu of its own specialty
69 license plate. Annual use fees from the sale of these license
70 plates shall be distributed to the independent college or
71 university for which the logo or graphic is displayed on the
72 license plate and shall be used as provided in s. 320.08058(3).
73 An independent college or university colleges or universities
74 opting to use the standard template specialty license plate
75 shall have the standard template specialty license their plate
76 sales added to the total number of remaining current valid
77 registrations under paragraph (8)(c) for the formerly separate
78 independent college and university license plates which were
79 issued before the independent college or university elected to
80 use the standard template specialty license plate combined for
81 purposes of the standard template specialty license plate
82 meeting the minimum license plate sales threshold in paragraph
83 (8)(a) and for determining the license plate limit in s.
84 320.08053(3)(b). Specialty license plates created pursuant to
85 this subsection must be ordered directly from the department. If
86 the independent college or university elects to use the standard
87 template specialty license plate, the department shall
88 discontinue the existing specialty license plate and,
89 notwithstanding paragraph (8)(c), shall continue to collect the
90 applicable specialty license plate annual use fee under
91 paragraph (3)(d) or subsection (4) for the remainder of the 10
92 year license plate replacement period for the existing plate
93 being discontinued or being replaced with the standard template
94 specialty license plate.
95 Section 3. Effective October 1, 2022, subsections (47) and
96 (79) of section 320.08058, Florida Statutes, are amended, and
97 subsections (119) through (126) are added to that section, to
98 read:
99 320.08058 Specialty license plates.—
100 (47) LIVE THE DREAM LICENSE PLATES.—
101 (a) The department shall develop a Live the Dream license
102 plate as provided in this section. Live the Dream license plates
103 must bear the colors and design approved by the department. The
104 word “Florida” must appear at the top of the plate, and the
105 words “Live the Dream” must appear at the bottom of the plate.
106 (b) The proceeds of the annual use fee shall be distributed
107 to the Dream Foundation, Inc., to be used in the following
108 manner:
109 1. Up to 5 percent may be used to administer, promote, and
110 market the license plate.
111 2. At least 25 60 percent shall be distributed equally
112 among the sickle cell organizations that are Florida members of
113 the Sickle Cell Disease Association of America, Inc., for
114 programs that provide research, care, and treatment for sickle
115 cell disease.
116 3. At least 8 percent shall be used for programs and
117 services provided directly by the Dream Foundation, Inc., which
118 assist inmates released from the custody of a county jail in
119 this state or a Department of Corrections facility in
120 successfully reentering the community.
121 4. At least 15 percent shall be distributed as grants for
122 programs and services throughout this state which assist inmates
123 released from the custody of a county jail in this state or a
124 Department of Corrections facility in successfully reentering
125 the community.
126 5. At least 20 percent shall be distributed as scholarships
127 to graduating high school seniors in this state who have at
128 least one parent or legal guardian who is incarcerated, for the
129 purpose of attending a state university, a Florida College
130 System institution, a career center operated by a school
131 district under s. 1001.44, or a charter technical career center
132 under s. 1002.34. Scholarships shall be awarded through a
133 competitive application process. Fiscal oversight of the
134 scholarship program shall be performed by a certified public
135 accounting firm.
136 6. At least 22 30 percent shall be distributed to Chapman
137 Partnership, Inc., for programs that provide relief from
138 poverty, hunger, and homelessness.
139 7.4. Up to 5 percent may be distributed by the department
140 on behalf of the Dream Foundation, Inc., to The Martin Luther
141 King, Jr. Center for Nonviolent Social Change, Inc., as a
142 royalty for the use of the image of Dr. Martin Luther King, Jr.
143 (79) BLUE ANGELS LICENSE PLATES.—
144 (a) The department shall develop a Blue Angels license
145 plate for display on a motor vehicle and for display on a
146 motorcycle as provided in this section and s. 320.08053. The
147 plate must bear the colors and design approved by the
148 department. The word “Florida” must appear at the top of the
149 plate, and the words “Home of the Blue Angels” must appear at
150 the bottom of the plate. Any department-approved image must be
151 placed on the far left side of a plate for display on a
152 motorcycle.
153 (b) The annual use fees from the sale of the plate shall be
154 distributed to the Naval Aviation Museum Foundation, a nonprofit
155 Florida corporation under s. 501(c)(3) of the Internal Revenue
156 Code, to fund the maintenance, programs, marketing, and projects
157 of the foundation, including the National Naval Aviation Museum
158 and the National Flight Academy in Pensacola. Up to 10 percent
159 of the funds received by the Naval Aviation Museum Foundation
160 may be used for marketing of the plate and costs directly
161 associated with the administration of the foundation. The Naval
162 Aviation Museum Foundation shall distribute 50 percent of the
163 funds to eligible programs and projects associated with the
164 National Flight Academy and the remainder of the funds to
165 eligible programs and projects associated with the National
166 Naval Aviation Museum.
167 (c) The number of valid specialty license plates issued for
168 display on a motor vehicle or on a motorcycle must be added
169 together to determine whether the specialty license plate must
170 be discontinued pursuant to s. 320.08056(8)(a).
171 (119) INTER MIAMI CF LICENSE PLATES.—
172 (a) The department shall develop an Inter Miami CF license
173 plate as provided in this section and s. 320.08053. The plate
174 must bear the colors and design approved by the department. The
175 word “Florida” must appear at the top of the plate, and the
176 words “Inter Miami CF” must appear at the bottom of the plate.
177 (b) The annual use fees from the sale of the plate shall be
178 distributed to Inter Miami CF Foundation Corporation, a
179 nonprofit corporation under s. 501(c)(3) of the Internal Revenue
180 Code, which may use a maximum of 10 percent of the proceeds to
181 promote and market the plate. The remainder of the proceeds
182 shall be used by Inter Miami CF Foundation Corporation to plan
183 and execute sports-based development and direct-service
184 community programs, initiatives, and events.
185 (120) SAFE HAVEN FOR NEWBORNS LICENSE PLATES.—
186 (a) The department shall develop a Safe Haven for Newborns
187 license plate as provided in this section and s. 320.08053. The
188 plate must bear the colors and design approved by the
189 department. The word “Florida” must appear at the top of the
190 plate, and the words “A Safe Haven for Newborns” must appear at
191 the bottom of the plate.
192 (b) The annual use fees from the sale of the plate shall be
193 distributed to the Gloria M. Silverio Foundation, Incorporated,
194 a Florida nonprofit corporation under s. 501(c)(3) of the
195 Internal Revenue Code, the mission of which is to prevent infant
196 abandonment through awareness, education, and direct assistance.
197 Up to 10 percent of the fees may be used for marketing and
198 administration of the plate. The remaining funds shall be used
199 by the foundation to prevent infant abandonment through
200 awareness, education, and direct assistance.
201 (121) PAP CORPS CHAMPIONS FOR CANCER RESEARCH LICENSE
202 PLATES.—
203 (a) The department shall develop a Pap Corps Champions for
204 Cancer Research license plate as provided in this section and s.
205 320.08053. The plate must bear the colors and design approved by
206 the department. The word “Florida” must appear at the top of the
207 plate, and the words “Cancer Research Matters” must appear at
208 the bottom of the plate.
209 (b) The annual use fees from the sale of the plate shall be
210 distributed to the Papanicolaou Corps for Cancer Research, Inc.,
211 a Florida nonprofit corporation, as follows:
212 1. Up to 10 percent of the annual use fees must be used
213 for:
214 a. Promotion and marketing costs of the license plate; and
215 b. Reimbursing the corporation for administrative costs,
216 startup costs, and costs incurred in the development and
217 approval process of the license plate.
218 2. The remaining funds must be distributed with the
219 approval of and accountability to the board of directors of the
220 Pap Corps and must be used to promote and support awareness of
221 critical lifesaving cancer research by the Sylvester
222 Comprehensive Cancer Center through education, outreach, and
223 clinical research.
224 (122) LEARN TO FLY LICENSE PLATES.—
225 (a) The department shall develop a Learn to Fly license
226 plate as provided in this section and s. 320.08053. The plate
227 must bear the colors and design approved by the department. The
228 word “Florida” must appear at the top of the plate, and the
229 words “Learn to Fly” must appear at the bottom of the plate.
230 (b) The annual use fees from the sale of the plate shall be
231 distributed to Florida’s Lifted Youth Inc., a Florida nonprofit
232 corporation, which may use up to 10 percent of the proceeds to
233 promote and market the plate. The remainder of the proceeds
234 shall be used by Florida’s Lifted Youth Inc., to assist
235 underprivileged youth and the children of fallen heroes to
236 establish careers in aviation.
237 (123) FLORIDA SWIMS LICENSE PLATES.—
238 (a) The department shall develop a Florida Swims license
239 plate as provided in this section and s. 320.08053. The plate
240 must bear the colors and design approved by the department. The
241 word “Florida” must appear at the top of the plate, and the
242 words “Swim for Life” must appear at the bottom of the plate.
243 (b) The annual use fees from the sale of the plate shall be
244 distributed to the Swimming Pool Education and Safety
245 Foundation, Inc., doing business as Florida Swims, a nonprofit
246 organization under s. 501(c)(3) of the Internal Revenue Code,
247 which may use up to 10 percent of the proceeds for
248 administration, promotion, and marketing of the plate. All
249 remaining proceeds shall be used by the Swimming Pool Education
250 and Safety Foundation, Inc., doing business as Florida Swims, to
251 promote swimming pool and water safety and to provide grants and
252 scholarships for childhood swimming lessons in this state.
253 (124) ETHICAL ECOTOURISM LICENSE PLATE.—
254 (a) The department shall develop an Ethical Ecotourism
255 license plate as provided in this section and s. 320.08053. The
256 plate must bear the colors and design approved by the
257 department. The word “Florida” must appear at the top of the
258 plate, and the words “Ethical Ecotourism” must appear at the
259 bottom of the plate.
260 (b) The annual use fees from the sale of the plate shall be
261 distributed equally between the Florida Society for Ethical
262 Ecotourism, Inc., and Paddle Florida, Inc., each of which may
263 use up to 10 percent of its proceeds for administrative costs
264 and the marketing of the plate. The remaining proceeds must be
265 used by the Florida Society for Ethical Ecotourism, Inc., to
266 provide environmental education and awareness that encourage
267 behaviors that contribute to the sustainability of Florida’s
268 natural ecosystems and resources and by Paddle Florida, Inc., to
269 raise awareness about water conservation, wildlife preservation,
270 restoration of springs, and protection of waterways in this
271 state.
272 (125) DOWN SYNDROME AWARENESS LICENSE PLATES.—
273 (a) The department shall develop a Down Syndrome Awareness
274 license plate as provided in this section and s. 320.08053. The
275 plate must bear the colors and design approved by the
276 department. The word “Florida” must appear at the top of the
277 plate, and the words “Down Syndrome Awareness” must appear at
278 the bottom of the plate.
279 (b) The annual use fees from the sale of the plate shall be
280 distributed to Our City Beautiful, Inc., a Florida nonprofit
281 corporation. Up to 10 percent of the fees may be used for
282 administrative costs and marketing of the plate. Of the
283 remaining fees:
284 1. Fifty percent shall be used to build and maintain
285 HOLLAND, an affordable housing project for independent living
286 for persons with Down syndrome or other intellectual disability.
287 2. Fifteen percent shall be dedicated to Our City Beautiful
288 World Changer scholarships for Florida residents 18 years of age
289 or older with Down syndrome who wish to further their education
290 at postsecondary educational institutions located in this state.
291 3. Thirty-five percent shall be used for grants to other
292 nonprofit organizations within this state to support housing,
293 educational scholarships, and employment assistance programs for
294 persons with Down syndrome or other intellectual disability.
295 (126) GOPHER TORTOISE LICENSE PLATES.—
296 (a) The department shall develop a Gopher Tortoise license
297 plate as provided in this section and s. 320.08053. The plate
298 must bear the colors and design approved by the department. The
299 word “Florida” must appear at the top of the plate, and the
300 words “Protect the Gopher Tortoise” must appear at the bottom of
301 the plate.
302 (b) The annual use fees from the sale of the plate shall be
303 distributed to Wildlands Conservation, Inc., a nonprofit
304 corporation under s. 501(c)(3) of the Internal Revenue Code, to
305 fund gopher tortoise and commensal species research, education,
306 and conservation, as well as upland habitat protection,
307 restoration, and management in this state to benefit the gopher
308 tortoise and other upland species. Up to 10 percent of the funds
309 received by Wildlands Conservation, Inc., may be used for
310 marketing of the plate and costs directly associated with the
311 administration of the gopher tortoise protection program.
312 Wildlands Conservation, Inc., shall use and distribute the funds
313 to eligible Florida-based scientific, conservation, and
314 educational organizations for gopher tortoise, commensal
315 species, and upland habitat research, conservation, and
316 management.
317 Section 4. The Division of Law Revision is directed to
318 replace the phrase “the effective date of this act” wherever it
319 occurs in this act with the date this act becomes a law.
320 Section 5. Except as otherwise expressly provided in this
321 act, this act shall take effect upon becoming a law.