Florida Senate - 2023 CS for SB 838
By the Committee on Transportation; and Senator Collins
596-02752-23 2023838c1
1 A bill to be entitled
2 An act relating to proceeds funding motorcycle safety
3 education; amending s. 320.08, F.S.; requiring that
4 the motorcycle safety education fee be used for a
5 safety and education program administered by a certain
6 not-for-profit corporation; providing requirements of
7 the administrator of such program; requiring the
8 Department of Highway Safety and Motor Vehicles to
9 enter into a certain contract for a specified purpose;
10 specifying the requirements of the safety awareness
11 and education programs; requiring the administrator of
12 the programs to file an annual report with the
13 Legislature; amending s. 320.086, F.S.; conforming
14 cross-references; requiring the department to select
15 an administrator and enter into a contract by a
16 specified date; requiring the department to transmit
17 the safety education fee to the program administrator
18 quarterly; specifying the first payment date;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Present paragraph (d) of subsection (1) of
24 section 320.08, Florida Statutes, is redesignated as paragraph
25 (g), a new paragraph (d) and paragraphs (e) and (f) are added to
26 that subsection, and paragraph (c) of that subsection is
27 amended, to read:
28 320.08 License taxes.—Except as otherwise provided herein,
29 there are hereby levied and imposed annual license taxes for the
30 operation of motor vehicles, mopeds, tri-vehicles as defined in
31 s. 316.003, and mobile homes as defined in s. 320.01, which
32 shall be paid to and collected by the department or its agent
33 upon the registration or renewal of registration of the
34 following:
35 (1) MOTORCYCLES AND MOPEDS.—
36 (c) Upon registration of a motorcycle, motor-driven cycle,
37 or moped, in addition to the license taxes specified in this
38 subsection, a nonrefundable motorcycle safety education fee in
39 the amount of $2.50 shall be paid. The proceeds of the safety
40 education such additional fee shall be deposited in the Highway
41 Safety Operating Trust Fund to fund a motorcycle driver
42 improvement program implemented pursuant to s. 322.025, the
43 Florida Motorcycle Safety Education Program established in s.
44 322.0255, or the general operations of the department.
45 (d) The entire safety education fee shall be used for a
46 safety and education program administered by a Florida not-for
47 profit corporation. The program administrator must:
48 1. Be a charity registered with the Department of
49 Agriculture and Consumer Services;
50 2. Have a history of actively advocating for motorcycle
51 safety and education in this state for at least 30 years;
52 3. Be a motorcycle grassroots organization that has
53 actively worked with the Florida motorcycle community for at
54 least 30 years;
55 4. Be focused primarily on promoting motorcycle safety and
56 education throughout this state; and
57 5. Have at least 3,000 active members drawn from the
58 motorcycle community throughout this state.
59 (e) The department shall enter into a 5-year contract with
60 the program administrator to use the safety education fee to pay
61 for motorcycle safety and education programs. The programs must
62 promote motorcycle safety and education for the purpose of
63 reducing motorcycle injuries and deaths in this state. The
64 programs may include pamphlets, advertisements, public service
65 announcements, digital media, social media, a website,
66 participation at grassroots motorcycle events, advocacy, and
67 reasonable administrative expenses.
68 (f) The program administrator shall file an annual report
69 with the President of the Senate and the Speaker of the House of
70 Representatives outlining the types of events the program
71 administrator attended, if any, and the methods selected to
72 distribute safety awareness and education materials or to expose
73 the public to the programs, and estimating the number of people
74 who were exposed to the program administrator’s educational
75 efforts.
76 Section 2. Subsection (1) and paragraph (a) of subsection
77 (2) of section 320.086, Florida Statutes, are amended to read:
78 320.086 Ancient or antique motor vehicles; horseless
79 carriage, antique, or historical license plates; former military
80 vehicles.—
81 (1) The owner of a motor vehicle for private use
82 manufactured in model year 1945 or earlier and operated on the
83 streets and highways of this state shall, upon application in
84 the manner and at the time prescribed by the department and upon
85 payment of the license tax for an ancient motor vehicle
86 prescribed by s. 320.08(1)(g), (2)(a), or (3)(e) s.
87 320.08(1)(d), (2)(a), or (3)(e), be issued a special license
88 plate for such motor vehicle. The license plate shall be
89 permanent and valid for use without renewal so long as the
90 vehicle is in existence. In addition to the payment of all other
91 fees required by law, the applicant shall pay such fee for the
92 issuance of the special license plate as may be prescribed by
93 the department commensurate with the cost of its manufacture.
94 The registration numbers and special license plates assigned to
95 such motor vehicles shall run in a separate numerical series,
96 commencing with “Horseless Carriage No. 1,” and the plates shall
97 be of a distinguishing color.
98 (2)(a) The owner of a motor vehicle for private use
99 manufactured in a model year after 1945 and of the age of 30
100 years or more after the model year and operated on the streets
101 and highways of this state may, upon application in the manner
102 and at the time prescribed by the department and upon payment of
103 the license tax prescribed by s. 320.08(1)(g), (2)(a), or (3)(e)
104 s. 320.08(1)(d), (2)(a), or (3)(e), be issued a special license
105 plate for such motor vehicle. In addition to the payment of all
106 other fees required by law, the applicant shall pay the fee for
107 the issuance of the special license plate prescribed by the
108 department, commensurate with the cost of its manufacture. The
109 registration numbers and special license plates assigned to such
110 motor vehicles shall run in a separate numerical series,
111 commencing with “Antique No. 1,” and the plates shall be of a
112 distinguishing color. The owner of the motor vehicle may, upon
113 application and payment of the license tax prescribed by s.
114 320.08, be issued a regular Florida license plate or specialty
115 license plate in lieu of the special “Antique” license plate.
116 Section 3. By October 1, 2023, the Department of Highway
117 Safety and Motor Vehicles shall select a qualified program
118 administrator and enter into the contract as specified in this
119 act. The department shall transmit the safety education fee
120 quarterly to the administrator, with the first payment being
121 payable October 1, 2023.
122 Section 4. This act shall take effect July 1, 2023.