Florida Senate - 2022              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 364
       
       
       
       
       
                               Ì240014cÎ240014                          
       
       576-03087-22                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to specialty license plates; amending
    3         s. 320.08053, F.S.; revising presale voucher sales
    4         requirements for specialty license plates; requiring
    5         the Department of Highway Safety and Motor Vehicles to
    6         extend the presale period by a specified amount of
    7         time for certain approved specialty license plate
    8         organizations; amending s. 320.08056, F.S.; revising
    9         the calculation of certain independent college and
   10         university specialty license plate sales for certain
   11         determinations; requiring the department to continue
   12         to collect annual use fees for certain discontinued or
   13         replaced plates; amending s. 320.08058, F.S.; revising
   14         annual use fee distributions from the sale of the Live
   15         the Dream license plate; providing for the award of
   16         scholarships to certain students through a competitive
   17         application process; providing for fiscal oversight by
   18         a certified public accounting firm; requiring the
   19         department to develop a Blue Angels motorcycle
   20         specialty license plate; specifying a design
   21         requirement for the plate; requiring that the number
   22         of valid Blue Angels motor vehicle and motorcycle
   23         specialty license plates be added together for
   24         purposes of a certain determination; directing the
   25         department to develop Inter Miami CF, Safe Haven for
   26         Newborns, Pap Corps Champions for Cancer Research,
   27         Learn to Fly, Florida Swims, Ethical Ecotourism, Down
   28         Syndrome Awareness, Gopher Tortoise, and I Make Things
   29         license plates; providing for distribution and use of
   30         fees collected from the sale of such license plates;
   31         providing a directive to the Division of Law Revision;
   32         providing effective dates.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Paragraph (b) of subsection (2) of section
   37  320.08053, Florida Statutes, is 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  2,500 3,000 voucher sales, or in the case of an out-of-state
   44  college 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 2,500 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         Section 2. Subsection (12) of section 320.08056, Florida
   60  Statutes, is amended to read:
   61         320.08056 Specialty license plates.—
   62         (12) Notwithstanding s. 320.08058(3)(a), the department, in
   63  cooperation with the independent colleges or universities as
   64  described in s. 1009.89, shall create a standard template
   65  specialty license plate with a unique logo or graphic
   66  identifying each independent college or university. Each
   67  independent college or university may elect to use this standard
   68  template specialty license plate in lieu of its own specialty
   69  license plate. Annual use fees from the sale of these license
   70  plates shall be distributed to the independent college or
   71  university for which the logo or graphic is displayed on the
   72  license plate and shall be used as provided in s. 320.08058(3).
   73  An independent college or university colleges or universities
   74  opting to use the standard template specialty license plate
   75  shall have the standard template specialty license their plate
   76  sales added to the total number of remaining current valid
   77  registrations under paragraph (8)(c) for the formerly separate
   78  independent college and university license plates which were
   79  issued before the independent college or university elected to
   80  use the standard template specialty license plate combined for
   81  purposes of the standard template specialty license plate
   82  meeting the minimum license plate sales threshold in paragraph
   83  (8)(a) and for determining the license plate limit in s.
   84  320.08053(3)(b). Specialty license plates created pursuant to
   85  this subsection must be ordered directly from the department. If
   86  the independent college or university elects to use the standard
   87  template specialty license plate, the department shall
   88  discontinue the existing specialty license plate and,
   89  notwithstanding paragraph (8)(c), shall continue to collect the
   90  applicable specialty license plate annual use fee under
   91  paragraph (3)(d) or subsection (4) for the remainder of the 10
   92  year license plate replacement period for the existing plate
   93  being discontinued or being replaced with the standard template
   94  specialty license plate.
   95         Section 3. Effective October 1, 2022, subsections (47) and
   96  (79) of section 320.08058, Florida Statutes, are amended, and
   97  subsections (119) through (127) are added to that section, to
   98  read:
   99         320.08058 Specialty license plates.—
  100         (47) LIVE THE DREAM LICENSE PLATES.—
  101         (a) The department shall develop a Live the Dream license
  102  plate as provided in this section. Live the Dream license plates
  103  must bear the colors and design approved by the department. The
  104  word “Florida” must appear at the top of the plate, and the
  105  words “Live the Dream” must appear at the bottom of the plate.
  106         (b) The proceeds of the annual use fee shall be distributed
  107  to the Dream Foundation, Inc., to be used in the following
  108  manner:
  109         1. Up to 5 percent may be used to administer, promote, and
  110  market the license plate.
  111         2. At least 40 60 percent shall be distributed equally
  112  among the sickle cell organizations that are Florida members of
  113  the Sickle Cell Disease Association of America, Inc., for
  114  programs that provide research, care, and treatment for sickle
  115  cell disease.
  116         3. At least 10 percent shall be used for programs and
  117  services provided directly by the Dream Foundation, Inc., which
  118  assist inmates released from the custody of a county jail in
  119  this state or a Department of Corrections facility in
  120  successfully reentering the community.
  121         4.At least 15 percent shall be distributed as grants for
  122  programs and services throughout this state which assist inmates
  123  released from the custody of a county jail in this state or a
  124  Department of Corrections facility in successfully reentering
  125  the community.
  126         5. At least 25 30 percent shall be distributed as
  127  scholarships to graduating high school seniors in this state who
  128  have at least one parent or legal guardian who is incarcerated,
  129  for the purpose of attending a state university, a Florida
  130  College System institution, a career center operated by a school
  131  district under s. 1001.44, or a charter technical career center
  132  under s. 1002.34. Scholarships shall be awarded through a
  133  competitive application process. Fiscal oversight of the
  134  scholarship program shall be performed by a certified public
  135  accounting firm to Chapman Partnership, Inc., for programs that
  136  provide relief from poverty, hunger, and homelessness.
  137         6.4. Up to 5 percent may be distributed by the department
  138  on behalf of the Dream Foundation, Inc., to The Martin Luther
  139  King, Jr. Center for Nonviolent Social Change, Inc., as a
  140  royalty for the use of the image of Dr. Martin Luther King, Jr.
  141         (79) BLUE ANGELS LICENSE PLATES.—
  142         (a) The department shall develop a Blue Angels license
  143  plate for display on a motor vehicle and for display on a
  144  motorcycle as provided in this section and s. 320.08053. The
  145  plate must bear the colors and design approved by the
  146  department. The word “Florida” must appear at the top of the
  147  plate, and the words “Home of the Blue Angels” must appear at
  148  the bottom of the plate. Any department-approved image must be
  149  placed on the far left side of a plate for display on a
  150  motorcycle.
  151         (b) The annual use fees from the sale of the plate shall be
  152  distributed to the Naval Aviation Museum Foundation, a nonprofit
  153  Florida corporation under s. 501(c)(3) of the Internal Revenue
  154  Code, to fund the maintenance, programs, marketing, and projects
  155  of the foundation, including the National Naval Aviation Museum
  156  and the National Flight Academy in Pensacola. Up to 10 percent
  157  of the funds received by the Naval Aviation Museum Foundation
  158  may be used for marketing of the plate and costs directly
  159  associated with the administration of the foundation. The Naval
  160  Aviation Museum Foundation shall distribute 50 percent of the
  161  funds to eligible programs and projects associated with the
  162  National Flight Academy and the remainder of the funds to
  163  eligible programs and projects associated with the National
  164  Naval Aviation Museum.
  165         (c)The number of valid specialty license plates issued for
  166  display on a motor vehicle or on a motorcycle must be added
  167  together to determine whether the specialty license plate must
  168  be discontinued pursuant to s. 320.08056(8)(a).
  169         (119)INTER MIAMI CF LICENSE PLATES.—
  170         (a)The department shall develop an Inter Miami CF license
  171  plate as provided in this section and s. 320.08053. The plate
  172  must bear the colors and design approved by the department. The
  173  word “Florida” must appear at the top of the plate, and the
  174  words “Inter Miami CF” must appear at the bottom of the plate.
  175         (b) The annual use fees from the sale of the plate shall be
  176  distributed to Inter Miami CF Foundation Corporation, a
  177  nonprofit corporation under s. 501(c)(3) of the Internal Revenue
  178  Code, which may use a maximum of 10 percent of the proceeds to
  179  promote and market the plate. The remainder of the proceeds
  180  shall be used by Inter Miami CF Foundation Corporation to plan
  181  and execute sports-based development and direct-service
  182  community programs, initiatives, and events.
  183         (120) SAFE HAVEN FOR NEWBORNS LICENSE PLATES.—
  184         (a) The department shall develop a Safe Haven for Newborns
  185  license plate as provided in this section and s. 320.08053. The
  186  plate must bear the colors and design approved by the
  187  department. The word “Florida” must appear at the top of the
  188  plate, and the words “A Safe Haven for Newborns” must appear at
  189  the bottom of the plate.
  190         (b) The annual use fees from the sale of the plate shall be
  191  distributed to the Gloria M. Silverio Foundation, Incorporated,
  192  a Florida nonprofit corporation under s. 501(c)(3) of the
  193  Internal Revenue Code, the mission of which is to prevent infant
  194  abandonment through awareness, education, and direct assistance.
  195  Up to 10 percent of the fees may be used for marketing and
  196  administration of the plate. The remaining funds shall be used
  197  by the foundation to prevent infant abandonment through
  198  awareness, education, and direct assistance.
  199         (121) PAP CORPS CHAMPIONS FOR CANCER RESEARCH LICENSE
  200  PLATES.—
  201         (a)The department shall develop a Pap Corps Champions for
  202  Cancer Research license plate as provided in this section and s.
  203  320.08053. The plate must bear the colors and design approved by
  204  the department. The word “Florida” must appear at the top of the
  205  plate, and the words “Cancer Research Matters” must appear at
  206  the bottom of the plate.
  207         (b)The annual use fees from the sale of the plate shall be
  208  distributed to the Papanicolaou Corps for Cancer Research, Inc.,
  209  a Florida nonprofit corporation, as follows:
  210         1.Up to 10 percent of the annual use fees must be used
  211  for:
  212         a.Promotion and marketing costs of the license plate; and
  213         b.Reimbursing the corporation for administrative costs,
  214  startup costs, and costs incurred in the development and
  215  approval process of the license plate.
  216         2.The remaining funds must be distributed with the
  217  approval of and accountability to the board of directors of the
  218  Pap Corps and must be used to promote and support awareness of
  219  critical lifesaving cancer research by the Sylvester
  220  Comprehensive Cancer Center through education, outreach, and
  221  clinical research.
  222         (122) LEARN TO FLY LICENSE PLATES.—
  223         (a)The department shall develop a Learn to Fly license
  224  plate as provided in this section and s. 320.08053. The plate
  225  must bear the colors and design approved by the department. The
  226  word “Florida” must appear at the top of the plate, and the
  227  words “Learn to Fly” must appear at the bottom of the plate.
  228         (b)The annual use fees from the sale of the plate shall be
  229  distributed to Florida’s Lifted Youth Inc., a Florida nonprofit
  230  corporation, which may use up to 10 percent of the proceeds to
  231  promote and market the plate. The remainder of the proceeds
  232  shall be used by Florida’s Lifted Youth Inc., to assist
  233  underprivileged youth and the children of fallen heroes to
  234  establish careers in aviation.
  235         (123)FLORIDA SWIMS LICENSE PLATES.—
  236         (a) The department shall develop a Florida Swims license
  237  plate as provided in this section and s. 320.08053. The plate
  238  must bear the colors and design approved by the department. The
  239  word “Florida” must appear at the top of the plate, and the
  240  words “Swim for Life” must appear at the bottom of the plate.
  241         (b) The annual use fees from the sale of the plate shall be
  242  distributed to the Swimming Pool Education and Safety
  243  Foundation, Inc., doing business as Florida Swims, a nonprofit
  244  organization under s. 501(c)(3) of the Internal Revenue Code,
  245  which may use up to 10 percent of the proceeds for
  246  administration, promotion, and marketing of the plate. All
  247  remaining proceeds shall be used by the Swimming Pool Education
  248  and Safety Foundation, Inc., doing business as Florida Swims, to
  249  promote swimming pool and water safety and to provide grants and
  250  scholarships for childhood swimming lessons in this state.
  251         (124)ETHICAL ECOTOURISM LICENSE PLATE.
  252         (a)The department shall develop an Ethical Ecotourism
  253  license plate as provided in this section and s. 320.08053. The
  254  plate must bear the colors and design approved by the
  255  department. The word “Florida” must appear at the top of the
  256  plate, and the words “Ethical Ecotourism” must appear at the
  257  bottom of the plate.
  258         (b) The annual use fees from the sale of the plate shall be
  259  distributed equally between the Florida Society for Ethical
  260  Ecotourism, Inc., and Paddle Florida, Inc., each of which may
  261  use up to 10 percent of its proceeds for administrative costs
  262  and the marketing of the plate. The remaining proceeds must be
  263  used by the Florida Society for Ethical Ecotourism, Inc., to
  264  provide environmental education and awareness that encourage
  265  behaviors that contribute to the sustainability of Florida’s
  266  natural ecosystems and resources and by Paddle Florida, Inc., to
  267  raise awareness about water conservation, wildlife preservation,
  268  restoration of springs, and protection of waterways in this
  269  state.
  270         (125)DOWN SYNDROME AWARENESS LICENSE PLATES.—
  271         (a)The department shall develop a Down Syndrome Awareness
  272  license plate as provided in this section and s. 320.08053. The
  273  plate must bear the colors and design approved by the
  274  department. The word “Florida” must appear at the top of the
  275  plate, and the words “Down Syndrome Awareness” must appear at
  276  the bottom of the plate.
  277         (b)The annual use fees from the sale of the plate shall be
  278  distributed to Our City Beautiful, Inc., a Florida nonprofit
  279  corporation. Up to 10 percent of the fees may be used for
  280  administrative costs and marketing of the plate. Of the
  281  remaining fees:
  282         1.Fifty percent shall be used to build and maintain
  283  HOLLAND, an affordable housing project for independent living
  284  for persons with Down syndrome or other intellectual disability.
  285         2.Fifteen percent shall be dedicated to Our City Beautiful
  286  World Changer scholarships for Florida residents 18 years of age
  287  or older with Down syndrome who wish to further their education
  288  at postsecondary educational institutions located in this state.
  289         3.Thirty-five percent shall be used for grants to other
  290  nonprofit organizations within this state to support housing,
  291  educational scholarships, and employment assistance programs for
  292  persons with Down syndrome or other intellectual disability.
  293         (126)GOPHER TORTOISE LICENSE PLATES.—
  294         (a) The department shall develop a Gopher Tortoise license
  295  plate as provided in this section and s. 320.08053. The plate
  296  must bear the colors and design approved by the department. The
  297  word “Florida” must appear at the top of the plate, and the
  298  words “Protect the Gopher Tortoise” must appear at the bottom of
  299  the plate.
  300         (b) The annual use fees from the sale of the plate shall be
  301  distributed to Wildlands Conservation, Inc., a nonprofit
  302  corporation under s. 501(c)(3) of the Internal Revenue Code, to
  303  fund gopher tortoise and commensal species research, education,
  304  and conservation, as well as upland habitat protection,
  305  restoration, and management in this state to benefit the gopher
  306  tortoise and other upland species. Up to 10 percent of the funds
  307  received by Wildlands Conservation, Inc., may be used for
  308  marketing of the plate and costs directly associated with the
  309  administration of the gopher tortoise protection program.
  310  Wildlands Conservation, Inc., shall use and distribute the funds
  311  to eligible Florida-based scientific, conservation, and
  312  educational organizations for gopher tortoise, commensal
  313  species, and upland habitat research, conservation, and
  314  management.
  315         (127)I MAKE THINGS LICENSE PLATES.—
  316         (a) The department shall develop an I Make Things license
  317  plate as provided in this section and s. 320.08053. The plate
  318  must bear the colors and design approved by the department. The
  319  word “Florida” must appear at the top of the plate, and the
  320  words “I Make Things” must appear at the bottom of the plate.
  321         (b) The annual use fees from the sale of the plate shall be
  322  distributed to the Florida Manufacturing and Logistics Council,
  323  Inc., a Florida nonprofit corporation. Up to 10 percent of the
  324  fees may be used for promotion and marketing costs of the
  325  license plate and reimbursing the Florida Manufacturing and
  326  Logistics Council, Inc., for administrative costs, startup
  327  costs, and costs incurred in the development and approval
  328  process of the plate. The remaining funds must be distributed
  329  with the approval of, and accountability to, the board of
  330  directors of the Florida Manufacturing and Logistics Council,
  331  Inc., and must be used to promote and support programs that
  332  increase interest in careers in manufacturing.
  333         Section 4. The Division of Law Revision is directed to
  334  replace the phrase “the effective date of this act” wherever it
  335  occurs in this act with the date this act becomes a law.
  336         Section 5. Except as otherwise expressly provided in this
  337  act, this act shall take effect upon becoming a law.