CS/HB 975

1
A bill to be entitled
2An act relating to motor vehicles; amending s. 320.08056,
3F.S.; discontinuing the annual use fee for the Girl Scout
4license plate; increasing annual use fees for the Sea
5Turtle license plate and the Florida Sheriffs Youth
6Ranches license plate; establishing annual use fees for
7the Florida NASCAR license plate, the Corrections
8Foundation license plate, the Protect Florida Springs
9license plate, the Trees Are Cool license plate, the
10Support Our Troops license plate, and the Veterans Service
11Organization license plate; authorizing the placement of a
12sponsoring organization's Internet domain name on a
13specialty license plate; prohibiting annual use fees from
14the sale of specialty license plates, or the interest
15earned thereon, or any fees received by an agency
16resulting from sale of specialty license plates from being
17used for the purpose of marketing to, lobbying,
18entertaining, or rewarding an employee of a governmental
19agency that is responsible for the sale and distribution
20of specialty license plates; amending s. 320.08058, F.S.;
21authorizing the use of a specified percentage of the
22proceeds from the sale of the Florida educational license
23plate for marketing and promotion expenses; authorizing
24the use of certain proceeds from the sale of the Florida
25Agricultural license plate for promotion, marketing, and
26administrative costs associated with the plate and Florida
27agriculture in the classroom programs; deleting provisions
28establishing the Girl Scout license plate; revising
29provisions for distribution of proceeds from the Florida
30Wildflower license plate use fee; creating the Florida
31NASCAR license plate; providing for the distribution of
32use fees received from the sale of such plates to the
33Florida Sports Foundation, the National Association for
34Stock Car Auto Racing, and the NASCAR Foundation;
35requiring the Florida Sports Association to provide for an
36annual audit to be submitted to the Office of Tourism,
37Trade, and Economic Development for certification to the
38Auditor General; creating the Corrections Foundation
39license plate; providing for the distribution of annual
40use fees received from the sale of such plates to a
41direct-support organization; creating the Protect Florida
42Springs license plate; providing for the annual use fees
43from the sale of such plates to be distributed to the
44Wildlife Foundation of Florida, Inc.; creating the Trees
45Are Cool license plate; providing for the distribution of
46annual use fees received from the sale of such plates;
47creating the Support Our Troops license plate; requiring
48the use of certain images and marks of Support Our Troops,
49Inc.; providing that the right to use a certain mark is
50reserved to that corporation; authorizing that corporation
51to change the design of the Support Our Troops license
52plate under certain circumstances; providing that issuance
53of the Support Our Troops license plate shall not be
54discontinued if the number of registrations falls below a
55certain number; providing for the distribution of use fees
56received from the sale of such plates to Support Our
57Troops, Inc., and the State Homes for Veterans Trust Fund;
58creating the Veterans Service Organization license plate;
59providing for the distribution of annual use fees received
60from the sale of such plates; repealing s. 320.0848(2)(c),
61F.S., relating to an administrative processing fee imposed
62upon issuance of a disabled parking permit; amending s.
63320.089, F.S.; creating a special license plate for
64recipients of the Bronze Star and Silver Star medals;
65providing for use of revenue received from the sale of
66certain special license plates; creating s. 320.0894,
67F.S.; directing the Department of Highway Safety and Motor
68Vehicles to develop and issue a Gold Star license plate
69honoring the family members of servicemembers who have
70been killed in action while serving in the Armed Forces of
71the United States; providing for design of the plate;
72providing requirements to be fulfilled prior to
73implementation; providing eligibility requirements;
74providing for payment of certain taxes and fees; providing
75effective dates.
76
77Be It Enacted by the Legislature of the State of Florida:
78
79     Section 1.  Subsections (4) and (6) of section 320.08056,
80Florida Statutes, are amended, and subsection (11) is added to
81that section, to read:
82     320.08056  Specialty license plates.--
83     (4)  The following license plate annual use fees shall be
84collected for the appropriate specialty license plates:
85     (a)  Manatee license plate, $20.
86     (b)  Challenger/Columbia license plate, $25, except that a
87person that purchases 1,000 or more of such license plates shall
88pay an annual use fee of $15 per plate.
89     (c)  Collegiate license plate, $25.
90     (d)  Florida Salutes Veterans license plate, $15.
91     (e)  Florida panther license plate, $25.
92     (f)  Florida United States Olympic Committee license plate,
93$15.
94     (g)  Florida Special Olympics license plate, $15.
95     (h)  Florida educational license plate, $20.
96     (i)  Florida Professional Sports Team license plate, $25.
97     (j)  Florida Indian River Lagoon license plate, $15.
98     (k)  Invest in Children license plate, $20.
99     (l)  Florida arts license plate, $20.
100     (m)  Bethune-Cookman College license plate, $25.
101     (n)  Florida Agricultural license plate, $20.
102     (o)  Girl Scout license plate, $20.
103     (o)(p)  Police Athletic League license plate, $20.
104     (p)(q)  Boy Scouts of America license plate, $20.
105     (q)(r)  Largemouth Bass license plate, $25.
106     (r)(s)  Sea Turtle license plate, $23 $17.50.
107     (s)(t)  Protect Wild Dolphins license plate, $20.
108     (t)(u)  Barry University license plate, $25.
109     (u)(v)  Everglades River of Grass license plate, $20.
110     (v)(w)  Keep Kids Drug-Free license plate, $25.
111     (w)(x)  Florida Sheriffs Youth Ranches license plate, $25
112$20.
113     (x)(y)  Conserve Wildlife license plate, $15.
114     (y)(z)  Florida Memorial University license plate, $25.
115     (z)(aa)  Tampa Bay Estuary license plate, $15.
116     (aa)(bb)  Florida Wildflower license plate, $15.
117     (bb)(cc)  United States Marine Corps license plate, $15.
118     (cc)(dd)  Choose Life license plate, $20.
119     (dd)(ee)  Share the Road license plate, $15.
120     (ee)(ff)  American Red Cross license plate, $25.
121     (ff)(gg)  United We Stand license plate, $25.
122     (gg)(hh)  Breast Cancer Research license plate, $25.
123     (hh)(ii)  Protect Florida Whales license plate, $25.
124     (ii)(jj)  Florida Golf license plate, $25.
125     (jj)(kk)  Florida Firefighters license plate, $20.
126     (kk)(ll)  Police Benevolent Association license plate, $20.
127     (ll)(mm)  Military Services license plate, $15.
128     (mm)(nn)  Protect Our Reefs license plate, $25.
129     (nn)(oo)  Fish Florida license plate, $22.
130     (oo)(pp)  Child Abuse Prevention and Intervention license
131plate, $25.
132     (pp)(qq)  Hospice license plate, $25.
133     (qq)(rr)  Stop Heart Disease license plate, $25.
134     (rr)(ss)  Save Our Seas license plate, $25, except that for
135an owner purchasing the specialty license plate for more than 10
136vehicles registered to that owner, the annual use fee shall be
137$10 per plate.
138     (ss)(tt)  Aquaculture license plate, $25, except that for
139an owner purchasing the specialty license plate for more than 10
140vehicles registered to that owner, the annual use fee shall be
141$10 per plate.
142     (tt)(uu)  Family First license plate, $25.
143     (uu)(vv)  Sportsmen's National Land Trust license plates,
144$25.
145     (vv)(ww)  Live the Dream license plate, $25.
146     (ww)(xx)  Florida Food Banks license plate, $25.
147     (xx)(yy)  Discover Florida's Oceans license plate, $25.
148     (yy)(zz)  Family Values license plate, $25.
149     (zz)(aaa)  Parents Make A Difference license plate, $25.
150     (aaa)(bbb)  Support Soccer license plate, $25.
151     (bbb)(ccc)  Kids Deserve Justice license plate, $25.
152     (ccc)(ddd)  Animal Friend license plate, $25.
153     (ddd)(eee)  Future Farmers of America license plate, $25.
154     (eee)(fff)  Donate Organs-Pass It On license plate, $25.
155     (fff)(ggg)  A State of Vision license plate, $25.
156     (ggg)(hhh)  Homeownership For All license plate, $25.
157     (hhh)  Florida NASCAR license plate, $25.
158     (iii)  Corrections Foundation license plate, $25.
159     (jjj)  Protect Florida Springs license plate, $25.
160     (kkk)  Trees Are Cool license plate, $25.
161     (lll)  Support Our Troops license plate, $25.
162     (mmm)  Veterans Service Organization license plate, $25.
163     (6)  Specialty license plates must bear the design required
164by law for the appropriate specialty license plate, and the
165designs and colors must conform to the department's design
166specifications. In addition to a design, the specialty license
167plates may bear the imprint of numerals from 1 to 999,
168inclusive, capital letters "A" through "Z," or a combination
169thereof. The department shall determine the maximum number of
170characters, including both numerals and letters. All specialty
171license plates must be otherwise of the same material and size
172as standard license plates issued for any registration period. A
173specialty license plate may bear an appropriate slogan, emblem,
174or logo in a size and placement that conforms to the
175department's design specifications. The sponsoring
176organization's Internet domain name may appear on the plate.
177     (11)  The annual use fee from the sale of specialty license
178plates, the interest earned from those fees, or any fees
179received by an agency as a result of the sale of specialty
180license plates may not be used for the purpose of marketing to,
181lobbying, entertaining, or rewarding an employee of a
182governmental agency that is responsible for the sale and
183distribution of specialty license plates.
184     Section 2.  Subsections (16) through (60) of section
185320.08058, Florida Statutes, are renumbered as subsections (15)
186through (59), respectively, present subsections (8), (14), (15),
187and (28) are amended, and new subsections (60) through (65) are
188added to that section, to read:
189     320.08058  Specialty license plates.--
190     (8)  FLORIDA EDUCATIONAL LICENSE PLATES.--
191     (a)  The Department of Highway Safety and Motor Vehicles
192shall develop a Florida educational license plate as provided in
193this section. Florida educational license plates must bear a
194design and colors that the department approves. The word
195"Florida" must appear in small letters at the top of the plate.
196     (b)  The license annual use fees are to be distributed
197annually as follows:
198     1.  Up to 10 percent of the moneys raised from the sale of
199the plates may be used for continuing marketing and promotion of
200the plates.
201     2.1.  In each school district that has a district
202prekindergarten through grade 12 public school foundation or a
203direct-support organization, the moneys raised in that school
204district through the sale of Florida educational license plates
205must be distributed to the foundation or organization for
206enhancing educational programs.
207     3.2.  In each school district that does not have a district
208prekindergarten through grade 12 public school foundation or a
209direct-support organization, the moneys raised in that school
210district through the sale of Florida educational license plates
211must be distributed to the district school board and must be
212used at the discretion of the board for enhancing educational
213programs.
214     (14)  FLORIDA AGRICULTURAL LICENSE PLATES.--
215     (a)  The Department of Highway Safety and Motor Vehicles
216shall develop a Florida Agricultural license plate. Florida
217Agricultural license plates must bear the colors and design
218approved by the department. The word "Agriculture" must appear
219at the top of the plate, and the words "Keeps Florida Green"
220must appear at the bottom of the plate.
221     (b)  The proceeds of the Florida Agricultural license plate
222annual use fee must be forwarded to the direct-support
223organization created in s. 570.903. The funds must be used for
224the sole purpose of funding and promoting the Florida
225agriculture in the classroom program established within the
226Department of Agriculture and Consumer Services pursuant to s.
227570.91.
228     (c)  Up to 25 percent of the funds distributed under
229paragraphs (a) and (b) may be used for promotion, marketing, and
230administrative costs directly associated with the license plate
231and Florida agriculture in the classroom programs.
232     (15)  GIRL SCOUT LICENSE PLATES.--
233     (a)  The department shall develop a Girl Scout license
234plate as provided in this section to commemorate the Girl Scout
235councils in this state. The word "Florida" must appear at the
236top of the plate, and the words "For Her Future" must appear at
237the bottom of the plate.
238     (b)  The annual use fees shall be distributed to the Citrus
239Council of Girl Scouts, Inc., which shall distribute funds to
240the following Girl Scout councils equal to the annual use fees
241received from counties served by each council:
242     1.  Citrus Council of Girl Scouts, Inc.
243     2.  Gateway Girl Scout Council, Inc.
244     3.  Girl Scouts of Broward County, Inc.
245     4.  Girl Scout Council of Tropical Florida, Inc.
246     5.  Heart of Florida Girl Scout Council, Inc.
247     6.  Palm Glades Girl Scout Council, Inc.
248     7.  Suncoast Girl Scout Council, Inc.
249
250Funds collected in counties not served by one of the above
251councils shall be used by the Citrus Council of Girl Scouts,
252Inc., to reimburse expenditures made on behalf of other councils
253to comply with s. 320.08053. Once those expenditures have been
254reimbursed, the funds shall be distributed to the Girl Scout
255councils serving those counties in the same manner as funds are
256distributed to the listed councils.
257     (27)(28)  FLORIDA WILDFLOWER LICENSE PLATES.--
258     (a)  The department shall develop a Florida Wildflower
259license plate as provided in this section. The word "Florida"
260must appear at the top of the plate, and the words "State
261Wildflower" and "coreopsis" must appear at the bottom of the
262plate.
263     (b)  The annual use fees shall be distributed to the
264Florida Wildflower Foundation, Inc., a nonprofit corporation
265under s. 501(c)(3) of the Internal Revenue Code Wildflower
266Account established by Keep Florida Beautiful, Inc., created by
267s. 403.4131. The proceeds must be used to establish native
268Florida wildflower research programs, wildflower educational
269programs, and wildflower grant programs to municipal, county,
270and community-based groups in this state.
271     1.  The Florida Wildflower Foundation, Inc., shall develop
272procedures of operation, research contracts, education and
273marketing programs, and wildflower-planting grants for Florida
274native wildflowers, plants, and grasses.
275     2.  A maximum of 15 10 percent of the proceeds from the
276sale of such plates may be used for administrative costs and
277marketing costs.
278     3.  If the Florida Wildflower Foundation, Inc., ceases to
279be an active nonprofit corporation under s. 501(c)(3) of the
280Internal Revenue Code, the proceeds from the annual use fee
281shall be deposited into the General Inspection Trust Fund
282created within the Department of Agriculture and Consumer
283Services, and any unexpended funds from the proceeds held by the
284Florida Wildflower Foundation, Inc., must be promptly
285transferred to the General Inspection Trust Fund. The Department
286of Agriculture and Consumer Services shall use and administer
287the proceeds from the use fee in the manner specified in this
288paragraph.
289     (60)  FLORIDA NASCAR LICENSE PLATES.--
290     (a)  The department shall develop a Florida NASCAR license
291plate as provided in this section. Florida NASCAR license plates
292must bear the colors and design approved by the department. The
293word "Florida" must appear at the top of the plate, and the term
294"NASCAR" must appear at the bottom of the plate. The National
295Association for Stock Car Auto Racing, following consultation
296with the Florida Sports Foundation, may submit a sample plate
297for consideration by the department.
298     (b)  The license plate annual use fees shall be distributed
299to the Florida Sports Foundation, a direct-support organization
300of the Office of Tourism, Trade, and Economic Development. The
301license plate annual use fees shall be annually allocated as
302follows:
303     1.  Up to 5 percent of the proceeds from the annual use
304fees may be used by the Florida Sports Foundation for the
305administration of the NASCAR license plate program.
306     2.  The National Association for Stock Car Auto Racing
307shall receive up to $60,000 in proceeds from the annual use fees
308to be used to pay startup costs, including costs incurred in
309developing and issuing the plates. Thereafter, 10 percent of the
310proceeds from the annual use fees shall be provided to the
311association for the royalty rights for the use of its marks.
312     3.  The remaining proceeds from the annual use fees shall
313be distributed to the Florida Sports Foundation. The Florida
314Sports Foundation shall retain 15 percent to support its
315regional grant program, attracting sporting events to Florida;
31620 percent to support the marketing of motorsports-related
317tourism in the state; and 50 percent to be paid to the NASCAR
318Foundation, a charitable organization under s. 501(c)(3) of the
319Internal Revenue Code, to support Florida-based charitable
320organizations.
321     (c)  The Florida Sports Foundation shall provide an annual
322financial audit in accordance with s. 215.981 of its financial
323accounts and records by an independent certified public
324accountant pursuant to the contract established by the Office of
325Tourism, Trade, and Economic Development as specified in s.
326288.1229(5). The auditor shall submit the audit report to the
327Office of Tourism, Trade, and Economic Development for review
328and approval. If the audit report is approved, the office shall
329certify the audit report to the Auditor General for review.
330     (61)  CORRECTIONS FOUNDATION LICENSE PLATES.--
331     (a)  The department shall develop a Corrections Foundation
332license plate as provided in this section. The word "Florida"
333must appear at the top of the plate, the words "Corrections
334Foundation" must appear at the bottom of the plate, and the
335Corrections Foundation logo must appear to the left of the
336numerals.
337     (b)  The annual use fees shall be distributed to
338Corrections Foundation, Inc., a direct-support organization
339created pursuant to s. 944.802, and shall be used to continue
340and expand the charitable work of the foundation, as provided in
341s. 944.802 and the articles of incorporation of the foundation.
342     (62)  PROTECT FLORIDA SPRINGS LICENSE PLATES.--
343     (a)  The department shall develop a Protect Florida Springs
344license plate as provided in this section. The word "Florida"
345must appear at the top of the plate, and the words "Protect
346Florida Springs" must appear at the bottom of the plate.
347     (b)  The annual use fees shall be distributed to the
348Wildlife Foundation of Florida, Inc., a citizen-support
349organization created pursuant to s. 372.0215, which shall
350administer the fees as follows:
351     1.  The Wildlife Foundation of Florida, Inc., shall retain
352the first $60,000 of the annual use fees as direct reimbursement
353for administrative costs, startup costs, and costs incurred in
354the development and approval process.
355     2.  Thereafter, a maximum of 10 percent of the fees may be
356used for administrative costs directly associated with education
357programs, conservation, springs research, and grant
358administration of the foundation. A maximum of 15 percent of the
359fees may be used for continuing promotion and marketing of the
360license plate.
361     3.  At least 55 percent of the fees shall be available for
362competitive grants for targeted community-based springs research
363for which state funding is not currently available. The
364remaining 20 percent shall be directed toward community outreach
365programs aimed at implementing such research findings. The
366competitive grants shall be administered and approved by the
367board of directors of the Wildlife Foundation of Florida, Inc.
368The granting advisory committee shall be composed of nine
369members, including one representative from the Fish and Wildlife
370Conservation Commission, one representative from the Department
371of Environmental Protection, one representative from the
372Department of Health, one representative from the Department of
373Community Affairs, three citizen representatives, and two
374representatives from nonprofit stakeholder groups.
375     4.  The remaining funds shall be distributed with the
376approval of and accountability to the board of directors of the
377Wildlife Foundation of Florida, Inc., and shall be used to
378support activities contributing to education, outreach, and
379springs conservation.
380     (63)  TREES ARE COOL LICENSE PLATES.--
381     (a)  The department shall develop a Trees Are Cool license
382plate as provided in this section. The word "Florida" must
383appear at the top of the plate, and the words "Trees Are Cool"
384must appear at the bottom of the plate.
385     (b)  The annual use fees shall be distributed to the
386Florida Chapter of the International Society of Arboriculture,
387Inc., which shall retain the initial revenues from the sale of
388such plates until all startup costs for developing and
389establishing the plate have been recovered, not to exceed
390$60,000. Thereafter, the proceeds of the annual use fee shall be
391used in the following manner:
392     1.  Twenty percent of the funds may be used by the Florida
393Chapter of the International Society of Arboriculture, Inc., for
394continuing promotion and marketing of the license plate and
395concept. Five percent of the funds received by the Florida
396Chapter of the International Society of Arboriculture, Inc., may
397be used for administrative costs directly associated with the
398operations of the Florida Chapter of the International Society
399of Arboriculture, Inc., with respect to the management of the
400Trees Are Cool license plate program.
401     2.  Seventy-five percent of the funds must be used to
402fulfill the mission of the Florida Chapter of the International
403Society of Arboriculture, Inc., which is to provide education
404and training statewide with respect to tree care and tree
405safety.
406     (64)  SUPPORT OUR TROOPS LICENSE PLATES.--
407     (a)  The department shall develop a Support Our Troops
408license plate as provided in this section. Support Our Troops
409license plates must bear the colors and design approved by the
410department and must contain the soldier and child emblem and
411"Support Our Troops" marks of Support Our Troops, Inc. The right
412to use the mark of an eagle head upon a United States flag field
413on a specialty license plate is reserved to Support Our Troops,
414Inc., and such mark may be used alternatively. The word
415"Florida" must appear at the top of the plate, and the words
416"Support Our Troops" must appear at the bottom of the plate.
417Upon compliance with s. 320.08056(9), Support Our Troops, Inc.,
418may alternate the phrase at the bottom of the plate to "Support
419Our Heroes" or "Salute Our Heroes." The field of the plate may
420be colored.
421     (b)  The license plate annual use fees shall be distributed
422to Support Our Troops, Inc., to be used for the benefit of
423Florida troops and their families in accordance with its
424articles of incorporation. Support Our Troops, Inc., shall
425receive the first $60,000 of the annual use fees to offset
426startup costs for developing and establishing the plate.
427Thereafter, the department shall distribute the Support Our
428Troops license plate annual use fee in the following manner:
429     1.  Twenty-five percent shall be distributed to Support Our
430Troops, Inc., to offset marketing, administration, and
431promotion.
432     2.  Of the remaining proceeds, 65 percent shall be
433distributed to Support Our Troops, Inc., and 35 percent shall be
434distributed to the Department of Veterans' Affairs State Homes
435for Veterans Trust Fund.
436     (c)  Due to the unique and special nature of the plate, s.
437320.08056(8)(a) shall not apply to the Support Our Troops
438license plate. Due to the unique and special nature of the
439plate, and notwithstanding s. 320.08053, the Support Our Troops
440license plate shall also be issued in a related design in a size
441appropriate for motorcycles. The Department of Highway Safety
442and Motor Vehicles shall retain the first proceeds from the
443annual use fee from the sale of the Support Our Troops
444motorcycle specialty license plate in an amount sufficient to
445recover startup costs.
446     (65)  VETERANS SERVICE ORGANIZATION LICENSE PLATES.--
447     (a)  Notwithstanding s. 320.08053, the department shall
448develop a series of veterans service organization license plates
449as provided in this section. Veterans Service Organization
450license plates must bear the colors and design approved by the
451department. The word "Florida" must appear at the top of the
452plate, and the name of the respective veterans service
453organization must appear at the bottom of the plate. The
454appropriate emblem for the particular veterans service
455organization must appear on the left side of the plate,
456approximately 3 inches in diameter. The Veterans Service
457Organization license plate shall be developed for the following:
458     1.  The American Legion.
459     2.  The Disabled American Veterans.
460     3.  The Veterans of Foreign Wars.
461     4.  The AMVETS.
462     5.  The Vietnam Veterans of America.
463     (b)  The department shall retain 40 percent of all revenues
464from the sale of such plates until all startup costs for
465developing and issuing the plates have been recovered, during
466which time 60 percent of all revenue shall be deposited into the
467State Homes for Veterans Trust Fund and used solely to
468construct, operate, and maintain domiciliary and nursing homes
469for veterans subject to the requirements of chapter 216.
470Thereafter, 40 percent of the annual use fees shall be remitted
471to the appropriate organization to support its veterans and
472military activities, programs, and projects within the state.
473The remaining 60 percent shall be deposited into the State Homes
474for Veterans Trust Fund and used solely to construct, operate,
475and maintain domiciliary and nursing homes for veterans subject
476to the requirements of chapter 216.
477     Section 3.  Effective July 1, 2007, paragraph (c) of
478subsection (2) of section 320.0848, Florida Statutes, is
479repealed.
480     Section 4.  Paragraphs (a) and (b) of subsection (1) of
481section 320.089, Florida Statutes, are amended to read:
482     320.089  Members of National Guard and active United States
483Armed Forces reservists; former prisoners of war; survivors of
484Pearl Harbor; Purple Heart, Silver Star, and Bronze Star medal
485recipients; Operation Iraqi Freedom and Operation Enduring
486Freedom Veterans; special license plates; fee.--
487     (1)(a)  Each owner or lessee of an automobile or truck for
488private use or recreational vehicle as specified in s.
489320.08(9)(c) or (d), which is not used for hire or commercial
490use, who is a resident of the state and an active or retired
491member of the Florida National Guard, a survivor of the attack
492on Pearl Harbor, a recipient of the Purple Heart medal, a
493recipient of the Silver Star medal, a recipient of the Bronze
494Star medal, or an active or retired member of any branch of the
495United States Armed Forces Reserve shall, upon application to
496the department, accompanied by proof of active membership or
497retired status in the Florida National Guard, proof of
498membership in the Pearl Harbor Survivors Association or proof of
499active military duty in Pearl Harbor on December 7, 1941, proof
500of being a Purple Heart, Silver Star, or Bronze Star medal
501recipient, or proof of active or retired membership in any
502branch of the Armed Forces Reserve, and upon payment of the
503license tax for the vehicle as provided in s. 320.08, be issued
504a license plate as provided by s. 320.06, upon which, in lieu of
505the serial numbers prescribed by s. 320.06, shall be stamped the
506words "National Guard," "Pearl Harbor Survivor," "Combat-wounded
507veteran," "Silver Star," "Bronze Star," or "U.S. Reserve," as
508appropriate, followed by the serial number of the license plate.
509Additionally, the Purple Heart plate may have the words "Purple
510Heart" stamped on the plate and the likeness of the Purple Heart
511medal appearing on the plate.
512     (b)  Notwithstanding any other provision of law to the
513contrary, beginning with fiscal year 2002-2003 and annually
514thereafter, the first $100,000 in general revenue generated each
515year from the sale of license plates issued under this section
516which are stamped with the words "National Guard," "Pearl Harbor
517Survivor," "Combat-wounded veteran," or "U.S. Reserve" shall be
518deposited into the Grants and Donations Trust Fund, as described
519in s. 296.38(2), to be used for the purposes established by law
520for that trust fund, and any additional general revenue
521generated each year up to $100,000 shall be deposited into the
522State Homes for Veterans Trust Fund and used solely to
523construct, operate, and maintain domiciliary and nursing homes
524for veterans subject to the requirements of chapter 216.
525     Section 5.  Section 320.0894, Florida Statutes, is created
526to read:
527     320.0894  Motor vehicle license plates to Gold Star family
528members.--The department shall develop a special license plate
529honoring the family members of servicemembers who have been
530killed while serving in the Armed Forces of the United States.
531The license plate shall be officially designated as the Gold
532Star license plate and shall be developed and issued as provided
533in this section.
534     (1)  The Gold Star license plate must bear the colors and
535design approved by the department in cooperation with supporters
536of the license plate. The word "Florida" must appear at the top
537of the plate, and the words "Gold Star Family" must appear at
538the bottom of the plate. The plate shall bear a unique design
539that includes the symbol for a fallen servicemember, a gold star
540with blue fringe on a white background with a red border. The
541symbol shall be no larger than 3 inches by 3 inches and shall be
542placed in a conspicuous place to the left of the identifying
543number of the plate, which identifying number shall consist of
544no more than six alphanumeric characters.
545     (2)  This section shall not be implemented until such time
546as the state has, through a licensing agreement or otherwise,
547received such license or other permission as may be required to
548implement this section. The designs of the initial and
549subsequent editions of the Gold Star license plate, except any
550part of the designs owned by others and licensed to the state,
551shall be owned solely by the state for its exclusive use and
552control, except as authorized by the department. The department
553may take such steps as may be necessary to give notice of and
554protect such right, including the copyright or copyrights.
555However, such steps shall be cumulative of the ownership and
556exclusive use and control established by this subsection as a
557matter of law, and no person shall reproduce or otherwise use
558such designs except as authorized by the department.
559     (3)(a)  Each owner or lessee of an automobile or truck for
560private use, truck weighing not more than 7,999 pounds, or
561recreational vehicle as specified in s. 320.08(9)(c) or (d),
562which automobile, truck, or vehicle is not used for hire or
563commercial use, who is a resident of this state and who meets
564the qualifications provided in subsection (4) shall, upon
565application therefor to the department and payment of the
566license tax and appropriate fees established in this chapter, be
567issued a Gold Star license plate. Each initial application for a
568Gold Star license plate must be accompanied by proof that the
569applicant meets the requirements provided in subsection (4).
570     (b)  The surviving spouse and the surviving parents meeting
571the requirements in subsection (4) shall each, upon application
572therefor, be issued the Gold Star license plate for one vehicle
573per person for a charge of $10 in lieu of all other taxes and
574fees. Renewal decals for the plate issued under this paragraph
575shall be issued at a total cost of $10 per renewal year. Moneys
576collected for the license plate and renewal decals issued
577pursuant to this paragraph shall be retained by the department
578to defray the cost of providing the plate and renewal decals.
579     (4)(a)1.  The Gold Star license plate shall be issued only
580to family members of a servicemember if the servicemember was a
581bona fide resident of the state for 1 year immediately preceding
582the servicemember's death and shall be issued subject to the
583rules, restrictions, and limitations set forth in this section.
584     2.  To qualify for issuance of a Gold Star license plate,
585the applicant must be directly related to a fallen servicemember
586as spouse, legal mother or father, or stepparent who is
587currently married to the mother or father of the fallen
588servicemember.
589     3.  A servicemember is deemed to have been killed while in
590service as listed by the United States Department of Defense,
591and that status may be verified by documentation directly from
592the Department of Defense or from its subordinate agencies, such
593as the Coast Guard, Reserve, or National Guard.
594     (b)  The applicant must provide documentation of the fact
595that the servicemember was killed while serving and proof of
596relationship to the servicemember to the tax collector or
597license plate agent before being issued a Gold Star license
598plate. The tax collector or license plate agent may waive the
599requirement for such documentation and proof if he or she has
600actual knowledge of the family relationship and that the
601servicemember was killed while serving.
602     (5)  An eligible family member may request a Gold Star
603license plate at any time during his or her registration period.
604If such a license plate is to replace a current valid license
605plate, the license plate shall be issued with appropriate
606renewal decals attached.
607     Section 6.  Except as otherwise expressly provided in this
608act, this act shall take effect October 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.