Florida Senate - 2016                       CS for CS for SB 518
       
       
        
       By the Committees on Fiscal Policy; and Transportation; and
       Senators Soto, Hutson, Sachs, and Abruzzo
       
       594-02382-16                                           2016518c2
    1                        A bill to be entitled                      
    2         An act relating to special license plates; amending s.
    3         320.089, F.S.; creating a special license plate for
    4         recipients of the Bronze Star medal; requiring any
    5         revenue generated from the sale of Woman Veteran
    6         license plates to be deposited into the Grants and
    7         Donations Trust Fund, instead of the Operations and
    8         Maintenance Trust Fund; conforming a cross-reference;
    9         authorizing the likeness of the Prisoner of War medal
   10         to be on the “Ex-POW” license plate; amending ss.
   11         296.11 and 296.38, F.S.; specifying requirements for
   12         expenditure of moneys deposited in the Grant and
   13         Donations Trust Fund under certain circumstances;
   14         requiring certain homes to deposit all moneys received
   15         from the sale of Woman Veteran license plates into the
   16         Grants and Donations Trust Fund; requiring that such
   17         moneys be expended for certain purposes; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 320.089, Florida Statutes, is amended to
   23  read:
   24         320.089 Veterans of the United States Armed Forces; members
   25  of National Guard; survivors of Pearl Harbor; Purple Heart and
   26  Bronze Star medal recipients; active or retired United States
   27  Armed Forces reservists; Combat Infantry Badge, Combat Medical
   28  Badge, or Combat Action Badge recipients; Combat Action Ribbon
   29  recipients; Air Force Combat Action Medal recipients;
   30  Distinguished Flying Cross recipients; former prisoners of war;
   31  Korean War Veterans; Vietnam War Veterans; Operation Desert
   32  Shield Veterans; Operation Desert Storm Veterans; Operation
   33  Enduring Freedom Veterans; Operation Iraqi Freedom Veterans;
   34  Women Veterans; World War II Veterans; and Navy Submariners;
   35  special license plates; fee.—
   36         (1)(a) Each owner or lessee of an automobile or truck for
   37  private use or recreational vehicle as specified in s.
   38  320.08(9)(c) or (d), which is not used for hire or commercial
   39  use, who is a resident of the state and a veteran of the United
   40  States Armed Forces, a Woman Veteran, a World War II Veteran, a
   41  Navy Submariner, an active or retired member of the Florida
   42  National Guard, a survivor of the attack on Pearl Harbor, a
   43  recipient of the Purple Heart medal, a recipient of the Bronze
   44  Star medal, an active or retired member of any branch of the
   45  United States Armed Forces Reserve, or a recipient of the Combat
   46  Infantry Badge, Combat Medical Badge, Combat Action Badge,
   47  Combat Action Ribbon, Air Force Combat Action Medal, or
   48  Distinguished Flying Cross, upon application to the department,
   49  accompanied by proof of release or discharge from any branch of
   50  the United States Armed Forces, proof of active membership or
   51  retired status in the Florida National Guard, proof of
   52  membership in the Pearl Harbor Survivors Association or proof of
   53  active military duty in Pearl Harbor on December 7, 1941, proof
   54  of being a Purple Heart or Bronze Star medal recipient, proof of
   55  active or retired membership in any branch of the United States
   56  Armed Forces Reserve, or proof of membership in the Combat
   57  Infantrymen’s Association, Inc., proof of being a recipient of
   58  the Combat Infantry Badge, Combat Medical Badge, Combat Action
   59  Badge, Combat Action Ribbon, Air Force Combat Action Medal, or
   60  Distinguished Flying Cross, and upon payment of the license tax
   61  for the vehicle as provided in s. 320.08, shall be issued a
   62  license plate as provided by s. 320.06 which, in lieu of the
   63  serial numbers prescribed by s. 320.06, is stamped with the
   64  words “Veteran,” “Woman Veteran,” “WWII Veteran,” “Navy
   65  Submariner,” “National Guard,” “Pearl Harbor Survivor,” “Combat
   66  wounded veteran,” “Bronze Star,” “U.S. Reserve,” “Combat
   67  Infantry Badge,” “Combat Medical Badge,” “Combat Action Badge,”
   68  “Combat Action Ribbon,” “Air Force Combat Action Medal,” or
   69  “Distinguished Flying Cross,” as appropriate, and a likeness of
   70  the related campaign medal or badge, followed by the serial
   71  number of the license plate. Additionally, the Purple Heart
   72  plate may have the words “Purple Heart” stamped on the plate and
   73  the likeness of the Purple Heart medal appearing on the plate.
   74         (b) Notwithstanding any other provision of law to the
   75  contrary, beginning with fiscal year 2002-2003 and annually
   76  thereafter, the first $100,000 in general revenue generated from
   77  the sale of license plates issued under this section shall be
   78  deposited into the Grants and Donations Trust Fund, as described
   79  in s. 296.38(2), to be used for the purposes established by law
   80  for that trust fund. Any additional general revenue generated
   81  from the sale of such plates shall be deposited into the State
   82  Homes for Veterans Trust Fund and used solely to construct,
   83  operate, and maintain domiciliary and nursing homes for
   84  veterans, subject to the requirements of chapter 216.
   85         (c) Any revenue generated from the sale of Woman Veteran
   86  license plates must be deposited into the Grants and Donations
   87  Operations and Maintenance Trust Fund administered by the
   88  Department of Veterans’ Affairs pursuant to s. 20.375(2) s.
   89  20.375(3) and must be used solely for the purpose of creating
   90  and implementing programs to benefit women veterans.
   91  Notwithstanding any provisions of law to the contrary, an
   92  applicant for a Pearl Harbor Survivor license plate or a Purple
   93  Heart license plate who also qualifies for a disabled veteran’s
   94  license plate under s. 320.084 shall be issued the appropriate
   95  special license plate without payment of the license tax imposed
   96  by s. 320.08.
   97         (2) Each owner or lessee of an automobile or truck for
   98  private use, a truck weighing not more than 7,999 pounds, or a
   99  recreational vehicle as specified in s. 320.08(9)(c) or (d),
  100  which is not used for hire or commercial use who is a resident
  101  of this state and who is a former prisoner of war, or his or her
  102  unremarried surviving spouse, upon application to the
  103  department, shall be issued a license plate as provided in s.
  104  320.06, may have the words “Ex-POW” stamped on the plate and the
  105  likeness of the Prisoner of War medal with the words “Ex-POW”
  106  followed by the serial number. Each application shall be
  107  accompanied by proof that the applicant meets the qualifications
  108  specified in paragraph (a) or paragraph (b).
  109         (a) A citizen of the United States who served as a member
  110  of the Armed Forces of the United States or the armed forces of
  111  a nation allied with the United States who was held as a
  112  prisoner of war at such time as the Armed Forces of the United
  113  States were engaged in combat, or his or her unremarried
  114  surviving spouse, may be issued the special license plate
  115  provided for in this subsection without payment of the license
  116  tax imposed by s. 320.08.
  117         (b) A person who was serving as a civilian with the consent
  118  of the United States Government, or a person who was a member of
  119  the Armed Forces of the United States while he or she was not a
  120  United States citizen and was held as a prisoner of war when the
  121  Armed Forces of the United States were engaged in combat, or his
  122  or her unremarried surviving spouse, may be issued the special
  123  license plate provided for in this subsection upon payment of
  124  the license tax imposed by s. 320.08.
  125         (3) Each owner or lessee of an automobile or truck for
  126  private use, a truck weighing not more than 7,999 pounds, or a
  127  recreational vehicle as specified in s. 320.08(9)(c) or (d),
  128  which is not used for hire or commercial use who is a resident
  129  of this state and who is the unremarried surviving spouse of a
  130  recipient of the Purple Heart medal, upon application to the
  131  department accompanied by the payment of the required fees,
  132  shall be issued a license plate as provided in s. 320.06 which
  133  is stamped with the words “Purple Heart” and the likeness of the
  134  Purple Heart medal followed by the serial number. Each
  135  application shall be accompanied by proof that the applicant is
  136  the unremarried surviving spouse of a recipient of the Purple
  137  Heart medal.
  138         (4) The owner or lessee of an automobile or truck for
  139  private use, a truck weighing not more than 7,999 pounds, or a
  140  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  141  which is not used for hire or commercial use who is a resident
  142  of this state and a current or former member of the United
  143  States Armed Forces who was deployed and served in Korea during
  144  the Korean War as defined in s. 1.01(14), upon application to
  145  the department accompanied by proof of active membership or
  146  former active duty status during the Korean War and payment of
  147  the license tax for the vehicle as provided in s. 320.08, shall
  148  be issued a license plate as provided by s. 320.06 which, in
  149  lieu of the registration license number prescribed by s. 320.06,
  150  is stamped with the words “Korean War Veteran” and a likeness of
  151  the Korean Service Medal, followed by the registration license
  152  number of the plate. Proof that the applicant was awarded the
  153  Korean Service Medal is sufficient to establish eligibility for
  154  the license plate.
  155         (5) The owner or lessee of an automobile or truck for
  156  private use, a truck weighing not more than 7,999 pounds, or a
  157  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  158  which is not used for hire or commercial use who is a resident
  159  of this state and a current or former member of the United
  160  States military who was deployed and served in Vietnam during
  161  United States military deployment in Indochina, upon application
  162  to the department accompanied by proof of active membership or
  163  former active duty status during these operations and payment of
  164  the license tax for the vehicle as provided in s. 320.08, shall
  165  be issued a license plate as provided by s. 320.06 which, in
  166  lieu of the registration license number prescribed by s. 320.06,
  167  is stamped with the words “Vietnam War Veteran” and a likeness
  168  of the Vietnam Service Medal, followed by the registration
  169  license number of the plate. Proof that the applicant was
  170  awarded the Vietnam Service Medal is sufficient to establish
  171  eligibility for the license plate.
  172         (6) The owner or lessee of an automobile or truck for
  173  private use, a truck weighing not more than 7,999 pounds, or a
  174  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  175  which is not used for hire or commercial use who is a resident
  176  of this state and a current or former member of the United
  177  States military who was deployed and served in Saudi Arabia,
  178  Kuwait, or another area of the Persian Gulf during Operation
  179  Desert Shield or Operation Desert Storm; in Afghanistan during
  180  Operation Enduring Freedom; or in Iraq during Operation Iraqi
  181  Freedom, upon application to the department accompanied by proof
  182  of active membership or former active duty status during one of
  183  these operations and payment of the license tax for the vehicle
  184  as provided in s. 320.08, shall be issued a license plate as
  185  provided by s. 320.06 which, in lieu of the registration license
  186  number prescribed by s. 320.06, is stamped with the words
  187  “Operation Desert Shield,” “Operation Desert Storm,” “Operation
  188  Enduring Freedom,” or “Operation Iraqi Freedom,” as appropriate,
  189  and a likeness of the related campaign medal followed by the
  190  registration license number of the plate. Proof that the
  191  applicant was awarded the Southwest Asia Service Medal, Iraq
  192  Campaign Medal, Afghanistan Campaign Medal, or Global War on
  193  Terrorism Expeditionary Medal is sufficient to establish
  194  eligibility for the appropriate license plate.
  195         Section 2. Subsection (2) of section 296.11, Florida
  196  Statutes, is amended to read:
  197         296.11 Funds of home and disposition of moneys.—
  198         (2) The home shall deposit all moneys received pursuant to
  199  s. 296.15 in into the Grants and Donations Trust Fund. Such
  200  moneys deposited in the Grants and Donations Trust Fund must be
  201  expended for the common benefit of the residents of the home,
  202  such as improved facilities, recreational equipment,
  203  recreational supplies, and goods and services offered or
  204  available to all residents, subject to the requirements of
  205  chapter 216.
  206         Section 3. Subsection (2) of section 296.38, Florida
  207  Statutes, is amended to read:
  208         296.38 Funds of home and disposition of moneys.—
  209         (2)(a) The home may shall be empowered to receive and
  210  accept gifts, grants, and endowments in the name of the home.
  211  All such gifts, grants, and endowments shall are to be used for
  212  the benefit of the home and its residents. In the absence of a
  213  specific directive from the benefactor, the administrator and,
  214  together with the director may, shall have the authority to
  215  determine how these gifts, grants, and endowments will could
  216  best benefit the home and its residents unless the benefactor
  217  requests or instructs that the gift, grant, or endowment be used
  218  for a specific purpose. The home shall deposit all moneys
  219  received pursuant to this subsection in into the Grants and
  220  Donations Trust Fund. Such moneys deposited in the Grants and
  221  Donations Trust Fund shall be expended for the common benefit of
  222  the residents of the home, such as recreational equipment and
  223  supplies, improved facilities, recreational supplies, and goods
  224  and services offered or available to all residents.
  225         (b) The home shall deposit all moneys received pursuant to
  226  s. 320.089(1)(c) from the sale of Woman Veteran license plates
  227  in the Grants and Donations Trust Fund. Notwithstanding
  228  paragraph (a), all such moneys must be expended solely for the
  229  purpose of creating and implementing programs that benefit women
  230  veterans.
  231         Section 4. This act shall take effect July 1, 2016.