ENROLLED
2022 Legislature CS for CS for SB 364, 2nd Engrossed
2022364er
1
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.