CS for CS for SB 364                            Second Engrossed
       
       
       
       
       
       
       
       
       2022364e2
       
    1                        A bill to be entitled                      
    2         An act relating to specialty license plates; amending
    3         s. 320.08053, F.S.; revising the presale voucher
    4         requirements for out-of-state college or university
    5         license plates; requiring the Department of Highway
    6         Safety and Motor Vehicles to extend the presale period
    7         by a specified amount of time for certain approved
    8         specialty license plate organizations; revising the
    9         limit on the number of specialty license plates the
   10         department may issue; amending s. 320.08056, F.S.;
   11         revising the calculation of certain independent
   12         college and university specialty license plate sales
   13         for certain determinations; requiring the department
   14         to continue to collect annual use fees for certain
   15         discontinued or replaced plates; amending s.
   16         320.08058, F.S.; revising annual use fee distributions
   17         from the sale of the Live the Dream license plate;
   18         providing for the award of scholarships to certain
   19         students through a competitive application process;
   20         providing for fiscal oversight; requiring the
   21         department to develop a Blue Angels motorcycle
   22         specialty license plate; specifying a design
   23         requirement for the plate; requiring that the number
   24         of valid Blue Angels motor vehicle and motorcycle
   25         specialty license plates be added together for
   26         purposes of a certain determination; directing the
   27         department to develop specified specialty license
   28         plates; providing for distribution and use of fees
   29         collected from the sale of such license plates;
   30         providing a directive to the Division of Law Revision;
   31         providing effective dates.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Paragraph (b) of subsection (2) and paragraph
   36  (b) of subsection (3) of section 320.08053, Florida Statutes,
   37  are 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  3,000 voucher sales, or in the case of an out-of-state college
   44  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 3,000 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         (3)
   60         (b) If the Legislature has approved 135 150 or more
   61  specialty license plates, the department may not issue any new
   62  specialty license plates until a sufficient number of plates are
   63  discontinued pursuant to s. 320.08056(8) such that the number of
   64  plates being issued does not exceed 135 150. Notwithstanding s.
   65  320.08056(8)(a), the 135-license-plate 150-license-plate limit
   66  includes license plates above the minimum sales threshold and
   67  those exempt from that threshold.
   68         Section 2. Subsection (12) of section 320.08056, Florida
   69  Statutes, is amended to read:
   70         320.08056 Specialty license plates.—
   71         (12) Notwithstanding s. 320.08058(3)(a), the department, in
   72  cooperation with the independent colleges or universities as
   73  described in s. 1009.89, shall create a standard template
   74  specialty license plate with a unique logo or graphic
   75  identifying each independent college or university. Each
   76  independent college or university may elect to use this standard
   77  template specialty license plate in lieu of its own specialty
   78  license plate. Annual use fees from the sale of these license
   79  plates shall be distributed to the independent college or
   80  university for which the logo or graphic is displayed on the
   81  license plate and shall be used as provided in s. 320.08058(3).
   82  An independent college or university colleges or universities
   83  opting to use the standard template specialty license plate
   84  shall have the standard template specialty license their plate
   85  sales added to the total number of remaining current valid
   86  registrations under paragraph (8)(a) for the formerly separate
   87  independent college and university license plates which were
   88  issued before the independent college or university elected to
   89  use the standard template specialty license plate combined for
   90  purposes of the standard template specialty license plate
   91  meeting the minimum license plate sales threshold in paragraph
   92  (8)(a) and for determining the license plate limit in s.
   93  320.08053(3)(b). Specialty license plates created pursuant to
   94  this subsection must be ordered directly from the department. If
   95  the independent college or university elects to use the standard
   96  template specialty license plate, the department shall
   97  discontinue the existing specialty license plate and,
   98  notwithstanding paragraph (8)(c), shall continue to collect the
   99  applicable specialty license plate annual use fee under
  100  paragraph (3)(d) or subsection (4) for the remainder of the 10
  101  year license plate replacement period for the existing plate
  102  being discontinued or being replaced with the standard template
  103  specialty license plate.
  104         Section 3. Effective October 1, 2022, subsections (47) and
  105  (79) of section 320.08058, Florida Statutes, are amended, and
  106  subsections (119) through (126) are added to that section, to
  107  read:
  108         320.08058 Specialty license plates.—
  109         (47) LIVE THE DREAM LICENSE PLATES.—
  110         (a) The department shall develop a Live the Dream license
  111  plate as provided in this section. Live the Dream license plates
  112  must bear the colors and design approved by the department. The
  113  word “Florida” must appear at the top of the plate, and the
  114  words “Live the Dream” must appear at the bottom of the plate.
  115         (b) The proceeds of the annual use fee shall be distributed
  116  to the Dream Foundation, Inc., to be used in the following
  117  manner:
  118         1. Up to 5 percent may be used to administer, promote, and
  119  market the license plate.
  120         2. At least 25 60 percent shall be distributed equally
  121  among the sickle cell organizations that are Florida members of
  122  the Sickle Cell Disease Association of America, Inc., for
  123  programs that provide research, care, and treatment for sickle
  124  cell disease.
  125         3. At least 8 percent shall be used for programs and
  126  services provided directly by the Dream Foundation, Inc., which
  127  assist inmates released from the custody of a county jail in
  128  this state or a Department of Corrections facility in
  129  successfully reentering the community.
  130         4. At least 15 percent shall be distributed as grants for
  131  programs and services throughout this state which assist inmates
  132  released from the custody of a county jail in this state or a
  133  Department of Corrections facility in successfully reentering
  134  the community.
  135         5. At least 20 percent shall be distributed as scholarships
  136  to graduating high school seniors in this state who have at
  137  least one parent or legal guardian who is incarcerated, for the
  138  purpose of attending a state university, a Florida College
  139  System institution, a career center operated by a school
  140  district under s. 1001.44, or a charter technical career center
  141  under s. 1002.34. Scholarships shall be awarded through a
  142  competitive application process. Fiscal oversight of the
  143  scholarship program shall be performed by a certified public
  144  accounting firm.
  145         6.3. At least 22 30 percent shall be distributed to Chapman
  146  Partnership, Inc., for programs that provide relief from
  147  poverty, hunger, and homelessness.
  148         7.4. Up to 5 percent may be distributed by the department
  149  on behalf of the Dream Foundation, Inc., to The Martin Luther
  150  King, Jr. Center for Nonviolent Social Change, Inc., as a
  151  royalty for the use of the image of Dr. Martin Luther King, Jr.
  152         (79) BLUE ANGELS LICENSE PLATES.—
  153         (a) The department shall develop a Blue Angels license
  154  plate for display on a motor vehicle and for display on a
  155  motorcycle as provided in this section and s. 320.08053. The
  156  plate must bear the colors and design approved by the
  157  department. The word “Florida” must appear at the top of the
  158  plate, and the words “Home of the Blue Angels” must appear at
  159  the bottom of the plate. Any department-approved image must be
  160  placed on the far left side of a plate for display on a
  161  motorcycle.
  162         (b) The annual use fees from the sale of the plate shall be
  163  distributed to the Naval Aviation Museum Foundation, a nonprofit
  164  Florida corporation under s. 501(c)(3) of the Internal Revenue
  165  Code, to fund the maintenance, programs, marketing, and projects
  166  of the foundation, including the National Naval Aviation Museum
  167  and the National Flight Academy in Pensacola. Up to 10 percent
  168  of the funds received by the Naval Aviation Museum Foundation
  169  may be used for marketing of the plate and costs directly
  170  associated with the administration of the foundation. The Naval
  171  Aviation Museum Foundation shall distribute 50 percent of the
  172  funds to eligible programs and projects associated with the
  173  National Flight Academy and the remainder of the funds to
  174  eligible programs and projects associated with the National
  175  Naval Aviation Museum.
  176         (c) The number of valid specialty license plates issued for
  177  display on a motor vehicle or on a motorcycle must be added
  178  together to determine whether the specialty license plate must
  179  be discontinued pursuant to s. 320.08056(8)(a).
  180         (119) INTER MIAMI CF LICENSE PLATES.—
  181         (a) The department shall develop an Inter Miami CF license
  182  plate as provided in this section and s. 320.08053. The plate
  183  must bear the colors and design approved by the department. The
  184  word “Florida” must appear at the top of the plate, and the
  185  words “Inter Miami CF” must appear at the bottom of the plate.
  186         (b) Notwithstanding paragraph (9)(b), the annual use fees
  187  from the sale of the plate shall be distributed to Inter Miami
  188  CF Foundation Corporation, a nonprofit corporation under s.
  189  501(c)(3) of the Internal Revenue Code, which may use a maximum
  190  of 10 percent of the proceeds to promote and market the plate.
  191  The remainder of the proceeds shall be used by Inter Miami CF
  192  Foundation Corporation to plan and execute sports-based
  193  development and direct-service community programs, initiatives,
  194  and events in this state.
  195         (120) SAFE HAVEN FOR NEWBORNS LICENSE PLATES.—
  196         (a) The department shall develop a Safe Haven for Newborns
  197  license plate as provided in this section and s. 320.08053. The
  198  plate must bear the colors and design approved by the
  199  department. The word “Florida” must appear at the top of the
  200  plate, and the words “A Safe Haven for Newborns” must appear at
  201  the bottom of the plate.
  202         (b) The annual use fees from the sale of the plate shall be
  203  distributed to the Gloria M. Silverio Foundation, Incorporated,
  204  a Florida nonprofit corporation under s. 501(c)(3) of the
  205  Internal Revenue Code, the mission of which is to prevent infant
  206  abandonment through awareness, education, and direct assistance.
  207  Up to 10 percent of the fees may be used for marketing and
  208  administration of the plate. The remaining funds shall be used
  209  by the foundation to prevent infant abandonment through
  210  awareness, education, and direct assistance.
  211         (121) PAP CORPS CHAMPIONS FOR CANCER RESEARCH LICENSE
  212  PLATES.—
  213         (a) The department shall develop a Pap Corps Champions for
  214  Cancer Research license plate as provided in this section and s.
  215  320.08053. The plate must bear the colors and design approved by
  216  the department. The word “Florida” must appear at the top of the
  217  plate, and the words “Cancer Research Matters” must appear at
  218  the bottom of the plate.
  219         (b) The annual use fees from the sale of the plate shall be
  220  distributed to the Papanicolaou Corps for Cancer Research, Inc.,
  221  a Florida nonprofit corporation, as follows:
  222         1. Up to 10 percent of the annual use fees must be used
  223  for:
  224         a. Promotion and marketing costs of the license plate; and
  225         b. Reimbursing the corporation for administrative costs,
  226  startup costs, and costs incurred in the development and
  227  approval process of the license plate.
  228         2. The remaining funds must be distributed with the
  229  approval of, and accountability to, the board of directors of
  230  the Pap Corps and must be used to promote and support awareness
  231  of critical lifesaving cancer research by the Sylvester
  232  Comprehensive Cancer Center through education, outreach, and
  233  clinical research.
  234         (122) LEARN TO FLY LICENSE PLATES.—
  235         (a) The department shall develop a Learn to Fly license
  236  plate as provided in this section and s. 320.08053. The plate
  237  must bear the colors and design approved by the department. The
  238  word “Florida” must appear at the top of the plate, and the
  239  words “Learn to Fly” must appear at the bottom of the plate.
  240         (b) The annual use fees from the sale of the plate shall be
  241  distributed to Florida’s Lifted Youth Inc., a Florida nonprofit
  242  corporation, which may use up to 10 percent of the proceeds to
  243  promote and market the plate. The remainder of the proceeds
  244  shall be used by Florida’s Lifted Youth Inc. to assist
  245  underprivileged youth and the children of fallen heroes to
  246  establish careers in aviation.
  247         (123) FLORIDA SWIMS LICENSE PLATES.—
  248         (a) The department shall develop a Florida Swims license
  249  plate as provided in this section and s. 320.08053. The plate
  250  must bear the colors and design approved by the department. The
  251  word “Florida” must appear at the top of the plate, and the
  252  words “Swim for Life” must appear at the bottom of the plate.
  253         (b) The annual use fees from the sale of the plate shall be
  254  distributed to the Swimming Pool Education and Safety
  255  Foundation, Inc., doing business as Florida Swims, a nonprofit
  256  organization under s. 501(c)(3) of the Internal Revenue Code,
  257  which may use up to 10 percent of the proceeds for
  258  administration, promotion, and marketing of the plate. All
  259  remaining proceeds shall be used by the Swimming Pool Education
  260  and Safety Foundation, Inc., doing business as Florida Swims, to
  261  promote swimming pool and water safety and to provide grants and
  262  scholarships for childhood swimming lessons in this state.
  263         (124) DOWN SYNDROME AWARENESS LICENSE PLATES.—
  264         (a) The department shall develop a Down Syndrome Awareness
  265  license plate as provided in this section and s. 320.08053. The
  266  plate must bear the colors and design approved by the
  267  department. The word “Florida” must appear at the top of the
  268  plate, and the words “Down Syndrome Awareness” must appear at
  269  the bottom of the plate.
  270         (b) The annual use fees from the sale of the plate shall be
  271  distributed to Our City Beautiful, Inc., a Florida nonprofit
  272  corporation. Up to 10 percent of the fees may be used for
  273  administrative costs and marketing of the plate. Of the
  274  remaining fees:
  275         1. Fifty percent shall be used to build and maintain
  276  HOLLAND, an affordable housing project for independent living
  277  for persons with Down syndrome or other intellectual disability.
  278         2. Fifteen percent shall be dedicated to Our City Beautiful
  279  World Changer scholarships for Florida residents 18 years of age
  280  or older with Down syndrome who wish to further their education
  281  at postsecondary educational institutions located in this state.
  282         3. Thirty-five percent shall be used for grants to other
  283  nonprofit organizations within this state to support housing,
  284  educational scholarships, and employment assistance programs for
  285  persons with Down syndrome or other intellectual disability.
  286         (125) GOPHER TORTOISE LICENSE PLATES.—
  287         (a) The department shall develop a Gopher Tortoise license
  288  plate as provided in this section and s. 320.08053. The plate
  289  must bear the colors and design approved by the department. The
  290  word “Florida” must appear at the top of the plate, and the
  291  words “Protect the Gopher Tortoise” must appear at the bottom of
  292  the plate.
  293         (b) The annual use fees from the sale of the plate shall be
  294  distributed to Wildlands Conservation, Inc., a nonprofit
  295  corporation under s. 501(c)(3) of the Internal Revenue Code, to
  296  fund gopher tortoise and commensal species research, education,
  297  and conservation, as well as upland habitat protection,
  298  restoration, and management in this state to benefit the gopher
  299  tortoise and other upland species. Up to 10 percent of the funds
  300  received by Wildlands Conservation, Inc., may be used for
  301  marketing of the plate and costs directly associated with the
  302  administration of the gopher tortoise protection program.
  303  Wildlands Conservation, Inc., shall use and distribute the funds
  304  to eligible Florida-based scientific, conservation, and
  305  educational organizations for gopher tortoise, commensal
  306  species, and upland habitat research, conservation, and
  307  management.
  308         (126) TAKE STOCK IN CHILDREN LICENSE PLATES.—
  309         (a) The department shall develop a Take Stock in Children
  310  license plate as provided in this section and s. 320.08053. The
  311  plate must bear the colors and design approved by the
  312  department. The word “Florida” must appear at the top of the
  313  plate, and the words “Take Stock in Children” must appear at the
  314  bottom of the plate.
  315         (b) The annual use fees from the sale of the plate shall be
  316  distributed to TSIC, Inc., doing business as Take Stock in
  317  Children, a Florida nonprofit corporation. Up to 10 percent of
  318  the fees may be used for administrative costs and marketing of
  319  the plate. The remaining funds must be distributed with the
  320  approval of, and accountability to, the board of directors of
  321  Take Stock in Children and must be used to promote and support
  322  programs that provide mentorship for at-risk students.
  323         Section 4. The Division of Law Revision is directed to
  324  replace the phrase “the effective date of this act” wherever it
  325  occurs in this act with the date this act becomes a law.
  326         Section 5. Except as otherwise expressly provided in this
  327  act, this act shall take effect upon becoming a law.