Florida Senate - 2023 CS for CS for SB 838
By the Committees on Appropriations; and Transportation; and
Senator Collins
576-04256-23 2023838c2
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 Florida
6 not-for-profit corporations; specifying requirements
7 for the administrators of such program; requiring the
8 Department of Highway Safety and Motor Vehicles to
9 enter into certain contracts for a specified purpose;
10 specifying the requirements of the safety awareness
11 and education programs; specifying requirements for
12 certain contracts; requiring the administrators of the
13 programs to file an annual report with the Legislature
14 by a certain date; amending s. 320.086, F.S.;
15 conforming cross-references; requiring the department
16 to select program administrators and enter into
17 specified contracts by a specified date; requiring the
18 department to transmit portions of the safety
19 education fee to the program administrators quarterly;
20 specifying the first payment date; providing an
21 effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Present paragraph (d) of subsection (1) of
26 section 320.08, Florida Statutes, is redesignated as paragraph
27 (g), a new paragraph (d) and paragraphs (e) and (f) are added to
28 that subsection, and paragraph (c) of that subsection is
29 amended, to read:
30 320.08 License taxes.—Except as otherwise provided herein,
31 there are hereby levied and imposed annual license taxes for the
32 operation of motor vehicles, mopeds, tri-vehicles as defined in
33 s. 316.003, and mobile homes as defined in s. 320.01, which
34 shall be paid to and collected by the department or its agent
35 upon the registration or renewal of registration of the
36 following:
37 (1) MOTORCYCLES AND MOPEDS.—
38 (c) Upon registration of a motorcycle, motor-driven cycle,
39 or moped, in addition to the license taxes specified in this
40 subsection, a nonrefundable motorcycle safety education fee in
41 the amount of $2.50 shall be paid. The proceeds of the safety
42 education such additional fee shall be deposited in the Highway
43 Safety Operating Trust Fund to fund a motorcycle driver
44 improvement program implemented pursuant to s. 322.025, the
45 Florida Motorcycle Safety Education Program established in s.
46 322.0255, or the general operations of the department.
47 (d) The entire safety education fee shall be used for a
48 safety and education program administered by three Florida not
49 for-profit corporations.
50 1. The program administrators must be charities registered
51 with the Department of Agriculture and Consumer Services.
52 2. One of the program administrators must be a motorcycle
53 grassroots organization that has been in existence for no less
54 than 30 years with an established history of advocating for
55 motorcycle safety during that time period and can demonstrate
56 membership of at least 5,000 members as of January 1, 2023,
57 which are geographically dispersed throughout this state.
58 3. Two of the program administrators must be motorcycle
59 grassroots organizations that have been in existence for no less
60 than 20 years with an established history of advocating for
61 motorcycle safety during that time period and can demonstrate
62 membership of at least 1,000 members as of January 1, 2023,
63 which are geographically dispersed throughout this state.
64 (e) The department shall enter into a 5-year contract with
65 each of the program administrators to use their portion of the
66 safety education fee to pay for motorcycle safety and education
67 programs. The programs must promote motorcycle safety and
68 education with the goal of reducing motorcycle injuries and
69 deaths in this state. The programs may include pamphlets,
70 advertisements, public service announcements, digital media,
71 social media, a website, participation at grassroots motorcycle
72 events, advocacy, and reasonable administrative expenses. Each
73 5-year contract between the department and each program
74 administrator must require that each program administrator show
75 clear collaboration during and prior to implementation of
76 motorcycle safety and education programs which may include, but
77 need not be limited to, collaboration regarding advertising,
78 management of the safety education fee funds, and motorcycle
79 safety and education programs.
80 (f) Each of the program administrators shall file an annual
81 report by July 31 with the President of the Senate and the
82 Speaker of the House of Representatives, outlining the types of
83 events the program administrator attended, if any, and the
84 methods selected to distribute safety awareness and education
85 materials or to expose the public to the programs, estimating
86 the number of people who were exposed to the program
87 administrator’s educational efforts, and specifying clear
88 collaboration with any other program administrator during and
89 prior to implementation of any safety education programs.
90 Section 2. Subsection (1) and paragraph (a) of subsection
91 (2) of section 320.086, Florida Statutes, are amended to read:
92 320.086 Ancient or antique motor vehicles; horseless
93 carriage, antique, or historical license plates; former military
94 vehicles.—
95 (1) The owner of a motor vehicle for private use
96 manufactured in model year 1945 or earlier and operated on the
97 streets and highways of this state shall, upon application in
98 the manner and at the time prescribed by the department and upon
99 payment of the license tax for an ancient motor vehicle
100 prescribed by s. 320.08(1)(g), (2)(a), or (3)(e) s.
101 320.08(1)(d), (2)(a), or (3)(e), be issued a special license
102 plate for such motor vehicle. The license plate shall be
103 permanent and valid for use without renewal so long as the
104 vehicle is in existence. In addition to the payment of all other
105 fees required by law, the applicant shall pay such fee for the
106 issuance of the special license plate as may be prescribed by
107 the department commensurate with the cost of its manufacture.
108 The registration numbers and special license plates assigned to
109 such motor vehicles shall run in a separate numerical series,
110 commencing with “Horseless Carriage No. 1,” and the plates shall
111 be of a distinguishing color.
112 (2)(a) The owner of a motor vehicle for private use
113 manufactured in a model year after 1945 and of the age of 30
114 years or more after the model year and operated on the streets
115 and highways of this state may, upon application in the manner
116 and at the time prescribed by the department and upon payment of
117 the license tax prescribed by s. 320.08(1)(g), (2)(a), or (3)(e)
118 s. 320.08(1)(d), (2)(a), or (3)(e), be issued a special license
119 plate for such motor vehicle. In addition to the payment of all
120 other fees required by law, the applicant shall pay the fee for
121 the issuance of the special license plate prescribed by the
122 department, commensurate with the cost of its manufacture. The
123 registration numbers and special license plates assigned to such
124 motor vehicles shall run in a separate numerical series,
125 commencing with “Antique No. 1,” and the plates shall be of a
126 distinguishing color. The owner of the motor vehicle may, upon
127 application and payment of the license tax prescribed by s.
128 320.08, be issued a regular Florida license plate or specialty
129 license plate in lieu of the special “Antique” license plate.
130 Section 3. By October 1, 2023, the Department of Highway
131 Safety and Motor Vehicles shall select three program
132 administrators that meet the requirements of s. 320.08(1)(d),
133 Florida Statutes, and shall enter into contracts as specified in
134 this act. The department shall award the contracts pursuant to
135 this act to eligible entities even if a sufficient number of
136 qualified entities have not applied. The department shall
137 transmit one-third of the safety education fee to each program
138 administrator quarterly, with the first payment being payable
139 October 1, 2023.
140 Section 4. This act shall take effect July 1, 2023.