| 2 | The Committee on Finance & Tax recommends the following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to specialty license plates; amending s. |
| 8 | 320.08053, F.S.; revising requirements for establishing a |
| 9 | specialty license plate; requiring submission of a sample |
| 10 | plate; revising sample survey requirements; defining |
| 11 | "scientific sample survey"; requiring the Department of |
| 12 | Highway Safety and Motor Vehicles to adopt rules for |
| 13 | design specifications; amending s. 320.08056, F.S.; |
| 14 | revising requirements for the design of specialty license |
| 15 | plates; revising provisions for the department to retain |
| 16 | certain proceeds to defray costs; revising conditions and |
| 17 | procedures for the discontinuation of specialty license |
| 18 | plates; amending s. 320.08062, F.S.; revising provisions |
| 19 | for audits and attestations required of entities receiving |
| 20 | specialty license plate annual use fees; requiring all |
| 21 | organizations and state agencies receiving annual use fee |
| 22 | proceeds to make annual attestations; providing for form |
| 23 | and content of attestations; requiring the department, in |
| 24 | cooperation with local tax collectors and Prison |
| 25 | Rehabilitative Industries and Diversified Enterprises, |
| 26 | Inc., to study the possibility of using direct-to-customer |
| 27 | distribution; requiring an analysis of the impact of |
| 28 | certain technologies; requiring the department to report |
| 29 | its findings to the Legislature; providing an effective |
| 30 | date. |
| 31 |
|
| 32 | Be It Enacted by the Legislature of the State of Florida: |
| 33 |
|
| 34 | Section 1. Section 320.08053, Florida Statutes, is amended |
| 35 | to read: |
| 36 | 320.08053 Requirements for requests to establish specialty |
| 37 | license plates.-- |
| 38 | (1) An organization that seeks authorization to establish |
| 39 | a new specialty license plate for which an annual use fee is to |
| 40 | be charged must submit to the department: |
| 41 | (a) A request for the particular specialty license plate |
| 42 | being sought, describing the proposed specialty license plate in |
| 43 | specific general terms, including a sample plate that conforms |
| 44 | to the specifications set by the department and this chapter and |
| 45 | that is in substantially final form. |
| 46 | (b) The results of a scientific sample survey of Florida |
| 47 | motor vehicle owners that indicates at least 30,000 15,000 motor |
| 48 | vehicle owners intend to purchase the proposed specialty license |
| 49 | plate at the increased cost. As used in this paragraph, the term |
| 50 | "scientific sample survey" means information that is gathered |
| 51 | from a representative subset of the population as a whole. The |
| 52 | sample survey of registered motor vehicle owners must be |
| 53 | performed independently of the requesting organization by an |
| 54 | organization that conducts similar sample surveys as a normal |
| 55 | course of business. Prior to conducting a sample survey for the |
| 56 | purposes of this section, a requesting organization must obtain |
| 57 | a determination from the department that the organization |
| 58 | selected to conduct the survey performs similar surveys as a |
| 59 | normal course of business and is independent of the requesting |
| 60 | organization. The methodology, results, and any evaluation by |
| 61 | the department of the scientific sample survey shall be |
| 62 | validated by the Auditor General as a condition precedent to |
| 63 | submission of the specialty license plate for approval by the |
| 64 | Legislature. |
| 65 | (c) An application fee, not to exceed $60,000, to defray |
| 66 | the department's cost for reviewing the application and |
| 67 | developing the specialty license plate, if authorized. State |
| 68 | funds may not be used to pay the application fee, except for |
| 69 | collegiate specialty license plates authorized in s. |
| 70 | 320.08058(3) and (13). The specialty license plate application |
| 71 | provisions of this act shall not apply to any organization which |
| 72 | has requested and received the required forms for obtaining a |
| 73 | specialty license plate authorization from the Department of |
| 74 | Highway Safety and Motor Vehicles, has opened a bank account for |
| 75 | the funds collected for the specialty license tag and has made |
| 76 | deposits to such an account, and has obtained signatures toward |
| 77 | completing the requirements for the specialty license tag. All |
| 78 | applications requested on or after the effective date of this |
| 79 | act must meet the requirements of this act. |
| 80 | (d) A marketing strategy outlining short-term and long- |
| 81 | term marketing plans for the requested specialty license plate |
| 82 | and a financial analysis outlining the anticipated revenues and |
| 83 | the planned expenditures of the revenues to be derived from the |
| 84 | sale of the requested specialty license plates. |
| 85 |
|
| 86 | The information required under this subsection must be submitted |
| 87 | to the department at least 90 days before the convening of the |
| 88 | next regular session of the Legislature. |
| 89 | (2) If the specialty license plate requested by the |
| 90 | organization is approved by law, the organization must submit |
| 91 | the proposed art design for the specialty license plate to the |
| 92 | department, in a medium prescribed by the department, as soon as |
| 93 | practicable, but no later than 60 days after the act approving |
| 94 | the specialty license plate becomes a law. If the specialty |
| 95 | license plate requested by the organization is not approved by |
| 96 | the Legislature, the application fee shall be refunded to the |
| 97 | requesting organization. |
| 98 | (3) The department shall adopt rules providing viewpoint- |
| 99 | neutral specifications for the design of specialty license |
| 100 | plates that promote or enhance the readability of all specialty |
| 101 | license plates and that discourage counterfeiting. The rules |
| 102 | shall provide uniform specifications requiring inclusion of the |
| 103 | word "Florida" in the same location on each specialty license |
| 104 | plate, in such a size and location that is clearly identifiable |
| 105 | on the specialty license plate when mounted on a vehicle, and |
| 106 | shall provide specifications for the size and location of any |
| 107 | words or logos appearing on a specialty license plate. |
| 108 | Section 2. Subsections (6), (7), and (8) of section |
| 109 | 320.08056, Florida Statutes, are amended to read: |
| 110 | 320.08056 Specialty license plates.-- |
| 111 | (6) Specialty license plates must bear the design required |
| 112 | by law for the appropriate specialty license plate, and the |
| 113 | designs and colors must conform to the department's design |
| 114 | specifications be approved by the department. In addition to a |
| 115 | design, the specialty license plates may bear the imprint of |
| 116 | numerals from 1 to 999, inclusive, capital letters "A" through |
| 117 | "Z," or a combination thereof. The department shall determine |
| 118 | the maximum number of characters, including both numerals and |
| 119 | letters. All specialty license plates must be otherwise of the |
| 120 | same material and size as standard license plates issued for any |
| 121 | registration period. In small letters, the word "Florida" must |
| 122 | appear at either the bottom or top of the plate, depending upon |
| 123 | the design. In addition, A specialty license plate may bear an |
| 124 | appropriate slogan, emblem, or logo in a size and placement that |
| 125 | conforms to the department's design specifications. |
| 126 | (7) The department shall annually retain from the first |
| 127 | proceeds derived from the annual use fees collected an amount |
| 128 | sufficient to defray each specialty plate's pro rata share of |
| 129 | the department's costs directly related to issuing the specialty |
| 130 | license plate program. Such costs shall include inventory costs, |
| 131 | distribution costs, direct costs to the department, costs |
| 132 | associated with reviewing each organization's compliance with |
| 133 | the audit and attestation requirements of s. 320.08062, and any |
| 134 | applicable increased costs of manufacturing the specialty |
| 135 | license plate. Any cost increase to the department related to |
| 136 | actual cost of the plate, including a reasonable vendor profit, |
| 137 | shall be verified by the Department of Management Services. The |
| 138 | balance of the proceeds from the annual use fees collected for |
| 139 | that specialty license plate shall be distributed as provided by |
| 140 | law. |
| 141 | (8)(a) The department must discontinue the issuance of an |
| 142 | approved specialty license plate if the number of valid |
| 143 | specialty plate registrations falls below 2,000 for at least 12 |
| 144 | consecutive months. A warning letter shall be mailed to the |
| 145 | sponsoring organization following the first month in which the |
| 146 | total number of valid specialty plate registrations is below |
| 147 | 2,000.: |
| 148 | 1. Less than 8,000 plates, including annual renewals, are |
| 149 | issued for that specialty license plate by the end of the 5th |
| 150 | year of sales. |
| 151 | 2. Less than 8,000 plates, including annual renewals, are |
| 152 | issued for that specialty license plate during any subsequent 5- |
| 153 | year period. |
| 154 | (b) The department is authorized to discontinue the |
| 155 | issuance of a specialty license plate and distribution of |
| 156 | associated annual use fee proceeds if the organization no longer |
| 157 | exists, if the organization has stopped providing services that |
| 158 | are authorized to be funded from the annual use fee proceeds, or |
| 159 | pursuant to an organizational recipient's request. Organizations |
| 160 | are required to notify the department immediately to stop all |
| 161 | warrants for plate sales if any of the conditions in this |
| 162 | section exist, and must meet the requirements of s. 320.08062 |
| 163 | for any period of operation during a fiscal year. |
| 164 | (c) The requirements of paragraph (a) shall not apply to |
| 165 | collegiate specialty license plates authorized in s. |
| 166 | 320.08058(3), (13), (21), and (26). |
| 167 | Section 3. Subsection (1) of section 320.08062, Florida |
| 168 | Statutes, is amended to read: |
| 169 | 320.08062 Audits and attestations required; annual use |
| 170 | fees of specialty license plates.-- |
| 171 | (1)(a) All organizations and state agencies that receive |
| 172 | annual use fee proceeds from the department are responsible for |
| 173 | ensuring that proceeds are used in accordance with ss. 320.08056 |
| 174 | and 320.08058 and shall annually attest, under penalties of |
| 175 | perjury, that such proceeds were used in compliance with ss. |
| 176 | 320.08056 and 320.08058. The attestation shall be made annually |
| 177 | in a form and format determined by the department and must |
| 178 | include, at a minimum, identification of all revenue received by |
| 179 | the organization or agency from sales of the specialty license |
| 180 | plate and a categorical list of expenditures. |
| 181 | (b) Any organization not subject to audit pursuant to s. |
| 182 | 215.97 shall annually attest, under penalties of perjury, that |
| 183 | such proceeds were used in compliance with ss. 320.08056 and |
| 184 | 320.08058. The attestation shall be made annually in a form and |
| 185 | format determined by the department. |
| 186 | (b)(c) Any organization subject to audit pursuant to s. |
| 187 | 215.97 shall submit an audit report in accordance with rules |
| 188 | promulgated by the Auditor General in addition to the |
| 189 | attestation required under paragraph (a). The annual attestation |
| 190 | shall be submitted to the department for review within 9 months |
| 191 | after the end of the organization's fiscal year. |
| 192 | Section 4. The Department of Highway Safety and Motor |
| 193 | Vehicles shall, in cooperation with representatives of the local |
| 194 | tax collectors and with Prison Rehabilitative Industries and |
| 195 | Diversified Enterprises, Inc., at Union Correctional Facility, |
| 196 | study the operational and economic feasibility of direct-to- |
| 197 | customer delivery of specialty license plates. The study shall |
| 198 | include, but not be limited to, an analysis of the potential |
| 199 | operational and economic impact of various manufacturing, |
| 200 | inventory control, and product distribution technologies on the |
| 201 | specialty license plate program. The department shall report its |
| 202 | findings to the President of the Senate and the Speaker of the |
| 203 | House of Representatives no later than December 31, 2004. |
| 204 | Section 5. This act shall take effect July 1, 2004. |