This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: h0067b.COM DATE: 2/24/2022 HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: CS/CS/HB 67 Specialty License Plates SPONSOR(S): Commerce Committee, Tourism, Infrastructure & Energy Subcommittee, Rizo TIED BILLS: IDEN./SIM. BILLS: SB 166 REFERENCE ACTION ANALYST STAFF DIRECTOR or BUDGET/POLICY CHIEF 1) Tourism, Infrastructure & Energy Subcommittee 16 Y, 0 N, As CS Johnson Keating 2) Commerce Committee 22 Y, 0 N, As CS Johnson Hamon SUMMARY ANALYSIS Currently, 105 specialty license plates and one motorcycle specialty license plate are available to any owner or lessee of a motor vehicle who is willing to pay the additional annual use fee for such plate. The collected fees are distributed by the Department of Highway Safety and Motor Vehicles (DHSMV) to statutorily designated organizations in support of a particular cause or charity. If the Legislature has approved 150 or more specialty license plates, DHSMV may not issue any new specialty license plates until a sufficient number of plates are discontinued so that the number of plates being issued is no more than 150. The bill lowers the cap on the number of specialty license plates that DSHMV may issue from 150 plates to 125 plates. The bill creates the following new specialty license plates: Inter Miami CF Florida Swims Down Syndrome Awareness Gopher Tortoise Take Stock in Children The bill also creates a Blue Angels motorcycle specialty license plate. The bill establishes the authorized uses of the annual use fees from the sale of these plates. The bill also amends the authorized distribution of proceeds from the existing Live the Dream specialty license plate. According to the DHSMV, the bill may have a negative, but insignificant, fiscal impact associated with programming costs. These costs can be absorbed within existing resources. The bill has an effective date of October 1, 2022. STORAGE NAME: h0067b.COM PAGE: 2 DATE: 2/24/2022 FULL ANALYSIS I. SUBSTANTIVE ANALYSIS A. EFFECT OF PROPOSED CHANGES: Current Situation The first Florida specialty license plates were created by law in 1986 and included the creation of the Challenger plate and ten Florida collegiate plates. Today, there are 105 specialty license plates available for sale and an additional 33 in presale. 1 Specialty license plates are available to any owner or lessee of a motor vehicle who is willing to pay the additional use fee for the privilege, typically $25 annually. 2 Current law provides that if the Legislature 3 has approved 150 or more specialty license plates, the Department of Highway Safety and Motor Vehicles (DHMSV) may not issue any new specialty license plates until a sufficient number of plates are discontinued 4 so that the number of plates being issued does not exceed 150. 5 Establishment of Specialty License Plates If a specialty license plate requested by an organization is approved by law, the organization submits its proposed art design to DHSMV as soon as practicable, but no later than 60 days after the act approving the plate becomes a law. 6 Within 120 days after the act approving the specialty license plate becomes law, DHSMV must establish a method to issue a voucher allowing for the presale of the plate. A $5 processing fee, 7 a service charge and branch fee, 8 and an annual use fee for the specialty license plate are charged for the voucher. All other applicable fees are charged at the time the license plate is issued. 9 Within 24 months after establishing a presale specialty license plate voucher, a minimum of 3,000 voucher sales of the plate must be recorded with DHSMV 10 before the license plate may be manufactured. If the minimum sales requirement is not met at the conclusion of the 24-month presale period, the specialty license plate is deauthorized and DHSMV discontinues the plate’s development and the issuance of presale vouchers. Upon deauthorization of the license plate or if the plate has met the presale requirement but has not been issued, a purchaser of the license plate voucher may use the annual use fee paid as a credit towards any other specialty license plate or may apply for a refund. 11 New specialty license plates that have been approved by law, but are awaiting issuance, will be issued in the order they appear in s. 320.08058, F.S., 12 if all statutory requirements, including the presale requirement, have been met. If the next awaiting specialty license plate has not met its presale requirement, DHSMV proceeds in the order provided in s. 320.08058, F.S., to identify the next qualified specialty license plate that has met the presale requirement. DHSMV must cycle through the list in statutory order. 13 Current law requires DHSMV to discontinue the issuance of an approved specialty license plate if the number of valid registrations for the plate falls below 1,000 for at least 12 consecutive months. DHSMV 1 Email from Kevin Jacobs, Legislative Affairs Director, Department of Highway Safety and Motor Vehicles, SLP Count (Feb. 24, 2022). 2 Section 320.08056(3)(d), F.S., provides that, except if specifically provided in s. 320.08056(4), F.S., the annual use fee for a specialty license plate is $25. 3 Creation of a specialty license plate requires an act of the Legislature. 4 Specialty license plates may be discontinued pursuant to s. 320.08056(8), F.S. 5 S. 320.08053(3)(b), F.S. 6 S. 320.08053(1), F.S. 7 The processing fee is prescribed in s. 320.08056, F.S. 8 Service charges and branch fees are prescribed in s. 320.04, F.S. 9 S. 320.08053(2)(a), F.S. 10 In the case of an out-of-state college or university license plate, the license plate must register 4,000 voucher sales. 11 S. 320.08053(2)(b), F.S. 12 S. 320.08058, F.S., creates each specialty license plate. 13 S. 320.08053(3)(a), F.S. STORAGE NAME: h0067b.COM PAGE: 3 DATE: 2/24/2022 must mail a warning letter to a plate’s sponsoring organization following the first month in which the total number of valid registrations falls below 1,000. This provision does not apply to collegiate license plates. 14 Effective July 1, 2023, the minimum registration threshold for each approved specialty license increases to 3,000. 15 DHSMV must still issue a warning letter if the number of plates falls below the new minimum. This new minimum does not apply to in-state collegiate license plates, license plates of institutions in and entities of the State University System, specialty license plates that have statutory eligibility limitations for purchase, specialty license plates for which annual use fees are distributed by a foundation for student and teacher leadership programs and teacher recruitment and retention, or Florida Professional Sports Team license plates. 16 If the Legislature has approved 150 or more specialty license plates, DHSMV may not issue any new specialty license plates until a sufficient number of plates are discontinued so that the number of plates being issued is no more than 150. The 150-plate limit applies to all specialty license plates, including those above the minimum sales threshold and those exempt from the minimum sales threshold. 17 Specialty License Plate Issuance and Fees DHSMV is responsible for developing authorized specialty license plates. 18 DHSMV must issue a specialty license plate to the owner or lessee of any motor vehicle, except a vehicle registered under the International Registration Plan, a commercial truck required to display two license plates, or a truck tractor, upon request and payment of the appropriate license tax and fees. 19 Specific specialty license plates are authorized for dealer and fleet vehicles. 20 A specialty license plate for motorcycles is created separately in s. 320.08068, F.S. Each request for a specialty license plate must be made annually to DHSMV or its authorized agent 21 accompanied by the following tax and fees: the vehicle’s required license tax, 22 a processing fee of $5, 23 a license plate fee, 24 and a license plate annual use fee as required for the specialty license plate. 25 Reduction in Specialty License Plate Cap Current Situation Current law provides that if the Legislature has approved 150 or more specialty license plates, DHSMV may not issue any new specialty license plates until a sufficient number of plates are discontinued such that the number of plates being issued does not exceed 150. However, the 150-license-plate limit includes license plates above the minimum sales threshold and those exempt from that threshold. 26 Effect of the Bill The bill reduces the cap on the number of specialty license plates that DHSMV may issue to 125. Under the bill, if the Legislature has approved 125 or more specialty license plates, it may not issue any new plates until enough plates are discontinued such that the number of plates issued does not exceed 14 S. 320.08056(8)(a), F.S. 15 In the case of out-of-state college and university specialty license plates, the number is 4,000 plates. 16 S. 320.08056(8)(a), note 1, showing the statutory language as effective July 1, 2023. 17 S. 320.08053(3)(b), F.S. 18 S. 320.08056(1), F.S. 19 S. 320.08056(2), F.S. 20 See ss. 320.06(3)(a), 320.0657(2)(a), 320.08(12) and 320.08056(2)(b) and (c), F.S. 21 DHSMV’s authorized agents are the county tax collectors. 22 Motor vehicle license taxes are set forth in s. 320.08, F.S. 23 The $5 processing fee is deposited into the Highway Safety Operating Trust Fund. 24 Section 320.06(1)(b), F.S., provides for a $2.80 annual license plate replacement fee. 25 S. 320.08056(3), F.S. 26 S. 320.08058(3)(b), F.S. STORAGE NAME: h0067b.COM PAGE: 4 DATE: 2/24/2022 125. This 125-license-plate limit includes plates above the minimum sales threshold and those exempt from the minimum sales threshold. According to DHSMV, there are currently 105 specialty license plates in production, with an additional 33 in the presale process. 27 The bill places an additional five license plates in presale mode. Live the Dream Specialty License Plate Current Situation Current law creates the Live the Dream license plate with an annual use fee of $25. 28 The word “Florida” appears at the top of the plate, and the words “Live the Dream” appear at the bottom of the plate. An image of an American flag and Dr. Martin Luther King, Jr., appears at the center of the plate. 29 The proceeds from the sale of the Live the Dream license plate are distributed to the Dream Foundation, Inc., to be used in the following manner: Up to five percent may be used to administer, promote, and market the license plate. At least 60 percent is distributed equally among the sickle cell organizations that are Florida members of the Sickle Cell Disease Association of America, Inc., for programs that provide research, care, and treatment for sickle cell disease. At least 30 percent is distributed to Chapman Partnership, Inc., 30 for programs that provide relief from poverty, hunger, and homelessness. Up to five percent may be distributed by DHSMV on behalf of The Dream Foundation, Inc., to The Martin Luther King, Jr. Center for Nonviolent Social Change, Inc., as a royalty for the use of the image of Dr. Martin Luther King, Jr. 31 In 2020, 5,292 Live the Dream license plates were sold. 32 The distribution of proceeds from the sale of the Live the Dream license plate were last amended in 2020. 33 Founded in 2001 around the creation of the Live the Dream license plate, the Dream Foundation, Inc., (foundation) is a statewide 501(c)(3) organization. 34 The Dream Foundation, Inc., is listed as an active corporation with the Department of State. 35 Effect of the Bill The bill revises the authorized uses of proceeds from the sale of the Live the Dream license plate. The bill provides that the annual use fees distributed to the Dream Foundation, Inc. must be used in the following manner: 27 For purposes of determining whether the license plate limit has been reached, most independent college and university specialty license plates are counted as one combined plate. Similarly, the various Divine Nine specialty license plates are counted as one. 28 The $25 annual use fee is provided for in s. 320.08056(3)(d), F.S. 29 A photo of the Live the Dream license plate is available at https://www.flhsmv.gov/motor-vehicles-tags-titles/personalized-specialty- license-plates/specialty-license-plates/ (last visited Oct. 20, 2021). 30 Based in Miami, Chapman Partnership’s mission is to provide comprehensive programs and services in collaboration with others that empower our residents with dignity and respect to overcome homelessness, and achieve and maintain long-term self-sufficiency. https://chapmanpartnership.org/about/ (last visited Nov. 22, 2021). 31 S. 320.08058(47)(b), F.S. 32 DHSMV, 2020 Specialty License Plate Ranking, https://www.flhsmv.gov/pdf/specialtyplates/license_plate_rankings.pdf (last visited Nov. 22, 2021). 33 Ch. 2020-181, Laws of Fla. 34 The Dream Foundation, About Us, https://www.livethedreamfoundation.org/about-us.html (last visited Oct. 20, 2021). 35 Department of State, https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOr der=DREAMFOUNDATION%20N010000038910&aggregateId=domnp -n01000003891-2461ac21-eb6a-411a-b759- 47d16568ca4b&searchTerm=Dream%20foundation&listNameOrder=DREAMFOUNDATION%20N010000038910 (last visited Oct. 22, 2021). STORAGE NAME: h0067b.COM PAGE: 5 DATE: 2/24/2022 Up to 10 percent may be used to promote and market the license plate and for costs directly associated with the administration of the foundation. At least 40 percent must be distributed equally among the sickle cell organizations that are Florida members of the Sickle Cell Disease Association of America, Inc., for programs that provide research, care, and treatment for sickle cell disease. At least 10 percent must be used for programs and services provided directly by the foundation, which assists inmates released from the custody of a county jail in this state or a Department of Corrections (DOC) facility in successfully reentering the community. At least 15 percent must be distributed as grants for programs and services throughout Florida which assist inmates released form a county jail in the state or a DOC facility in successfully reentering the community. At least 20 percent must be distributed as scholarships to Florida high school seniors who have at least parent or legal guardian incarcerated, for the purposes of attending a state university, a Florida College System institution, a career center operated by a school district, or a charter technical career center. Up to five percent may continue to be distributed by the Department of Highway Safety and Motor Vehicles on behalf of the Dream Foundation, Inc., to The Martin Luther King, Jr. Center for Nonviolent Social Change, Inc., as a royalty for the use of the image of Dr. Martin Luther King, Jr. This is the same as in current law. The bill eliminates the distribution to the Chapman Partnership, Inc. Blue Angels Motorcycle Specialty License Plate Current Situation Motorcycle Specialty License Plates Current law authorizes a reduced dimensions specialty license plate for display on motorcycles, upon paying the appropriate license tax, 36 the license plate fee, 37 a $2 processing fee, and a $20 license plate annual use fee. 38 The annual use fees are distributed equally to the Brain and Spinal Cord Injury Program Trust Fund, Preserve Vision Florida, the Blind Services Foundation of Florida, the Florida Association of Centers for Independent Living to support the James Patrick Memorial Work Incentive Personal Attendant Services and Employment Assistance Program, and the Florida Association of Centers for Independent Living. 39 Blue Angels Specialty License Plate Current law creates a Blue Angels license plate with an annual use fee of $25.The plate must bear DHSMV-approved colors and design. The word “Florida” must appear at the top of the plate, and the words “Home of the Blue Angels” must appear at the bottom of the plate. 40 The annual use fees from the sale of the Blue Angels license plate is distributed to the Naval Aviation Museum Foundation, a nonprofit Florida corporation under s. 501(c)(3) of the Internal Revenue Code, to fund the maintenance, programs, marketing, and projects of the foundation, including the National Naval Aviation Museum and the National Flight Academy in Pensacola. Up to 10 percent of the funds received by the Naval Aviation Museum Foundation may be used for marketing of the plate and costs directly associated with the administration of the foundation. The Naval Aviation Museum Foundation must distribute 50 percent of the funds to eligible programs and projects associated with the National 36 The license tax is required under s. 320.08, F.S. 37 The license plate fee is required under s. 320.06(1)(b), F.S. 38 S. 320.08068, F.S. 39 S. 320.08068(4), F.S. 40 S. 320.08058(79), F.S. STORAGE NAME: h0067b.COM PAGE: 6 DATE: 2/24/2022 Flight Academy and the remainder of the funds to eligible programs and projects associated with the National Naval Aviation Museum. 41 Distribution of Blue Angels Annual Use Fees Since 1946, and based in Pensacola, the Blue Angels represent the United States Navy and Marine Corps by showing the power of naval aviation. The Blue Angels consists of 140 world-class, active-duty sailors and Marines, each one bringing experience and expertise from their service in the fleet. 42 The Naval Aviation Museum Foundation supports the National Naval Aviation Museum and National Flight Academy, which advance science, technology, engineering and math (STEM) education for our nation’s youth. The foundation promotes the history and heritage of naval aviation for current and future generations. 43 The Naval Aviation Museum Foundation, Inc. is registered with the Department of State as a Florida not-for-profit corporation. 44 The National Flight Academy, a subsidiary of the Naval Aviation Museum Foundation, has the mission to inspire students who subsequently return to their parent schools and seek out the more challenging courses in science, technology, engineering, and math. 45 Effect of the Bill The bill creates a motorcycle specialty license plate option for the Blue Angels specialty license plate with an annual use fee of $25. 46 Any department-approved image must be placed on the far-left side of a plate for display on a motorcycle, and the number of valid plates issued for display on a motor vehicle or on a motorcycle must be added together to determine whether the plate must be discontinued. Proceeds from the sale of the Blue Angels motorcycle specialty license plate are distributed to the National Aviation Museum Foundation to be used in the same manner as the proceeds from the sale of the existing Blue Angels specialty license plate for motor vehicles. Inter Miami CF Specialty License Plate Current Situation Florida Professional Sports Team License Plates Current law establishes the Florida Professional Sports Team license plate for Major League Baseball, National Basketball Association, National Football League, Arena Football League, National Hockey League, and Major League Soccer teams that are domiciled in Florida. However, any Florida Professional Sports Team license plate created or established after January 1, 1997, must be specifically authorized by the Legislature. These license plates must bear DHSMV-approved colors and design and must include the official league or team logo, or both. The word “Florida” must appear at the top of the plate. 47 41 S. 320.08058(79)(b), F.S. 42 Blue Angels Website, Message from the Commanding Officer, https://www.blueangels.navy.mil/default.htm (last visited Oct. 28, 2021). 43 Naval Aviation Museum Foundation, Who We Are, https://navalaviationfoundation.org/who-we-are/ (last visited Oct. 14, 2021) 44 Department of State, The Naval Aviation Museum Foundation, Inc., https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOr der=NAVALAVIATIONMUSEUMFOUNDATION%207119151&aggregateId=domnp -711915-5404ccba-a444-4087-baa7- 806a7f12e637&searchTerm=Naval%20Aviation&listNameOrder=NAVALAVIATIONLEGACYFOUNDATION%20N060000061800 (last visited Oct. 18, 2021). 45 National Flight Academy, About the National Flight Academy, https://www.nationalflightacademy.com/about/about-the-nfa/ (last visited Dec. 2, 2022). 46 The annual use fee is tied to s. 320.08056(3)(d), F.S., which provides that unless otherwise provided in 320.08056(4), F.S., the annual use fee for a specialty license plate is $25. 47 S. 320.08058(9)(a), F.S. STORAGE NAME: h0067b.COM PAGE: 7 DATE: 2/24/2022 The annual use fees from the sale of these plates are distributed as follows: Fifty-five percent of the proceeds are deposited into the Professional Sports Development Trust Fund within the Department of Economic Opportunity (DEO) to be used solely to attract and support major sports events in Florida. 48 The remaining proceeds are allocated to Enterprise Florida, Inc., and must be deposited into the Professional Sports Development Trust Fund within DEO. These funds must be used by Enterprise Florida, Inc., to: o Promote the economic development of the sports industry; o Distribute licensing and royalty fees to participating professional sports teams; o Promote education programs in Florida schools that provide an awareness of the benefits of physical activity and nutrition standards; o Partner with the Department of Education and the Department of Health to develop a program that recognizes schools whose students demonstrate excellent physical fitness or fitness improvement; o Institute a grant program for communities bidding on minor sporting events that create an economic impact for the state; o Distribute funds to Florida-based charities designated by Enterprise Florida, Inc., and the participating professional sports teams; and o Fulfill the sports promotion responsibilities of DEO. 49 The proceeds from the Professional Sports Development Trust Fund may also be used for operational expenses of Enterprise Florida, Inc., and financial support of the Sunshine State Games. 50 Inter Miami CF Inter Miami CF, Major League Soccer’s 25 th Club, began play in March 2018. 51 According to its website, the Inter Miami CF Foundation, a 501(c)(3) nonprofit corporation, is dedicated to having a measurable impact on the community in South Florida and beyond by seeking to level the playing field for at-risk kids. It intends to use soccer as a catalyst for positive change. The Foundation states that it is dedicated to strategically planning and executing “sports-based development and direct- service community programs, initiatives, and events.” 52 According to the Department of State, Inter Miami CF Foundation is an active Florida not-for-profit corporation that has been active since February 12, 2020. 53 Effect of the Bill The bill creates the Florida Inter Miami CF license plate with an annual use fee of $25. The plate must bear the DHSMV-approved colors and design. The word “Florida” appears at the top of the plate and “Inter Miami CF” appears at the bottom of the plate. The annual use fees are distributed to the Inter Miami CF Foundation Corporation, to be used as follows: Up to ten percent to promote and market the plate; and 48 As used in s. 320.08058(9)(b)1., F.S., the term “major sports events” means, but is not limited to, championship or all-star contests of Major League Baseball, the National Basketball Association, the National Football League, the National Hockey League, Major League Soccer, the men's and women's National Collegiate Athletic Association Final Four basketball championship, or a horseracing or dogracing Breeders' Cup. 49 S. 320.08058(9)(b)1. and 2., F.S. 50 S. 320.08058(9)(b)4., F.S. 51 Inter Miami CF Website, https://www.intermiamicf.com/club/about (last visited Sep. 2, 2021). 52 Inter Miami CF Foundation, https://inter-miami-cf-foundation-store.myshopify.com/ (last visited Sep. 2, 2021). 53 Inter Miami CF Foundation Corporation, Articles of Incorporation, https://search.sunbiz.org/Inquiry/CorporationSearch/ConvertTiffToPDF?storagePath=COR%5C2020%5C0214%5C40715676.Tif&docu mentNumber=P20000013003 (last visited Oct. 18, 2021) STORAGE NAME: h0067b.COM PAGE: 8 DATE: 2/24/2022 The remainder to plan and execute sports-based development and direct-service community programs, initiatives, and events in this state. Florida Swims Specialty License Plate Current Situation The Swimming Pool Education and Safety Foundation, Inc., also known as Florida Swims Foundation, 54 is a nonprofit organization that funds swimming lessons and distributes safety information throughout the state. The foundation awards scholarships to college students and provides grants for swimming lessons. The foundation also collaborates with local organizations, such as the YMCA and Boys & Girls Clubs, to bring water safety measures and swimming lessons to families with young children. 55 Effect of the Bill The bill creates the Florida Swims license plate with an annual use fee of $25. The plate must bear the DHSMV-approved colors and design. The word “Florida” appears at the top of the plate and “Swim for Life” appears at the bottom of the plate. The annual use fees are distributed to the Swimming Pool Education and Safety Foundation, Inc., doing business as Florida Swims, to be used as follows: Up to ten percent for administration, promotion, and marketing of the plate; and The remainder to be used by the Swimming Pool Education and Safety Foundation, Inc., to promote swimming pool and water safety and to provide grants and scholarships for childhood swimming lessons in this state. Down Syndrome Awareness Specialty License Plate Current Situation Based in Sanford, Florida, Our City Beautiful, Inc., is a 501(c)(3) non-profit organization with a focus on working with disabled individuals in Sanford and surrounding Seminole County, with the goal of eventually serving all of Florida. 56 Created by Our City Beautiful, HOLLAND is a proposed tiny house community for persons with Down Syndrome and other intellectual disabilities. 57 Its World Changer Scholarships were created to support individuals with Down Syndrome, age 18 or older, pursuing higher education. 58 Our City Beautiful, Inc., is registered with the Department of State as a not-for-profit corporation. 59 Effect of the Bill The bill creates the Down Syndrome Awareness license plate with an annual use fee of $25. The l plate must bear DHSMV-approved colors and design. The word “Florida” appears at the top of the plate, and “Down Syndrome Awareness” appears at the bottom of the plate. 54 Department of State, Sunbiz.org, Detail by Entity Name, Swimming Pool Education And Safety Foundation Inc., Document No. N07000000242. 55 Florida Swimming Pool Association, SPESF, https://floridapoolpro.portals7.gomembers.com/About/FloridaSwimsFoundation.aspx (last visited Feb. 19, 2022). 56 Seminole County Chamber of Commerce, Our City Beautiful, Inc., https://business.seminolebusiness.org/list/member/our-city- beautiful-inc-25389 (last visited Sep. 30, 2021). 57 Our City Beautiful, HOLLAND, https://our-city-beautiful.com/ocbhomeproject/ (last visited Sep. 30, 2021). 58 Our City Beautiful, World Changer Scholarships, https://our-city-beautiful.com/world-changer-scholarship/ (last visited Sep. 30, 2021) 59 Department of State, Our City Beautiful, Inc. https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOr der=OURCITYBEAUTIFUL%20N190000028900&aggregateId=domnp -n19000002890-9f97c1a8-17e2-49f3-a4c9- b30fff938143&searchTerm=Our%20city%20beautiful&listNameOrder=OURCITYBEAUTIFUL%20N190000028900 (last visited Oct. 18, 2021). STORAGE NAME: h0067b.COM PAGE: 9 DATE: 2/24/2022 The annual use fees are distributed Our City Beautiful, Inc., to be used as follows: Up to ten percent for administrative costs and marketing of the plate; 50 percent to build and maintain HOLLAND, an affordable housing project for independent living for persons with Down syndrome or other intellectual disability; 15 percent for Our City Beautiful World Changer scholarships for Florida residents 18 years of age or older with Down syndrome who wish to further their education at postsecondary educational institutions located in this state; and 35 percent for grants to other nonprofit organizations within this state to support housing, educational scholarships, and employment assistance programs for persons with Down syndrome or other intellectual disability. Gopher Tortoise Specialty License Plate Current Situation Wildlands Conservation, Inc., is a nonprofit organization specializing in conservation planning and policy, land management, land protection, research, education, and outreach. 60 Wildlands Conservation, Inc., offers gopher tortoise survey, relocation, and recipient site services. It is committed to ensuring that gopher tortoise work is conducted thoroughly and professionally to protect gopher tortoises and related species across the state. Its staff has over 50 collective years of experience in gopher tortoise conservation including ecological and policy research, permitting, relocation, habitat management, monitoring, and training. 61 Effect of the Bill The bill creates the Gopher Tortoise license plate with an annual use fee of $25. The license plate must bear the DHSMV-approved colors and design. The word “Florida” appears at the top of the plate and “Protect the Gopher Tortoise” appears at the bottom of the plate. The annual use fees are distributed to Wildlands Conservation, Inc., to be used as follows: Up to 10 percent for marketing of the plate and costs directly associated with administration of its gopher tortoise protection program; and The remainder to be used by Wildlands Conservation, Inc., and distributed to eligible Florida- based scientific, conservation, and educational organizations for gopher tortoise, commensal species, and upland habitat research, conservation, and management. Take Stock in Children Specialty License Plate Current Situation Established in 1995, Take Stock in Children of Florida is a Florida non-profit organization that provides a unique opportunity for low-income youth to escape the cycle of poverty through education. It offers underserved students one-on-one support through volunteer mentors, professional college success services, the opportunity to earn a college scholarship, and hope for success in college, career, and life. 62 Effect of the Bill 60 Wildland Conservation, About Us, https://wildlandsconservation.org/about-us/ (last visited Feb. 18, 2022). Department of State, Sunbiz.org, Detail by Entity Name, Wildlands Conservation, Inc., Document No. N03000002778. 61 Wildlands Conservation, Gopher Tortoise Conservation, https://wildlandsconservation.org/gopher-tortoise-conservation/, (last visited Feb. 18, 2022). 62 Take Sock in Children Website, https://www.takestockinchildren.org/ (last visited Feb. 18, 2022). STORAGE NAME: h0067b.COM PAGE: 10 DATE: 2/24/2022 The bill creates a Take Stock in Children license plate with an annual use fee of $25. The license plate must bear the DHSMV-approved colors and design. The word “Florida” appears at the top of the plate and “Take Stock in Children” appears at the bottom of the plate. The annual use fees are distributed to Take Stock in Children of Florida, to be used as follows: Up to 10 percent for administrative costs and marketing the plate. The remainder, with approval of its board of directors, to promote and support programs that provide mentorship for at risk students. The above license plates will be added to DHSMV’s presale voucher process, but a plate will only be placed into production once it meets the 3,000 minimum sales threshold and if the 125-plate cap has not yet been reached. 63 The bill has an effective date of October 1, 2022. B. SECTION DIRECTORY: Section 1 Amends s. 320.08056, F.S., relating to the establishment of specialty license plates. Section 2 Amends s. 320.08058, F.S., relating to specialty license plates. Section 3 Provides a contingent effective date. II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: None. 2. Expenditures: DHSMV advised an update to internal procedures and instructions to organizations regarding specialty license plate requirements will be needed; however, there will be no programming costs incurred by the DHSMV. 64 Programming will be required initially to allow DHSMV to accept vouchers, but DHSMV may not finalize a design or issue the new license plate if the new 125-plate cap is reached prior to the license plate selling 2,500 vouchers. The amount of programming is determined by the number of plates and the number of distributions per plate. B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues: None. 2. Expenditures: None. C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: Once a specialty license plate goes into production, organizations authorized for a distribution from the proceeds of the sale of the license plate will benefit. 63 DSHMV, supra note 1. p. 4. 64 Id. STORAGE NAME: h0067b.COM PAGE: 11 DATE: 2/24/2022 D. FISCAL COMMENTS: None. III. COMMENTS A. CONSTITUTIONAL ISSUES: 1. Applicability of Municipality/County Mandates Provision: Not applicable. This bill does not appear to affect county or municipal governments. 2. Other: None. B. RULE-MAKING AUTHORITY: This bill does not authorize or require rulemaking. C. DRAFTING ISSUES OR OTHER COMMENTS: None. IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES On December 2, 2021, the Tourism, Infrastructure & Energy Subcommittee adopted one amendment to the bill and reported the bill favorably as a committee substitute. The amendment: Provided that the proceeds from the sale of the Inter Miami CF specialty license plate may be used as provided in the bill, notwithstanding existing law regarding the use of proceeds from the sale of professional sports team license plates. Clarified that proceeds from the sale of the Inter Miami CF specialty license plate must be used in Florida. On February 23, 2022, the Commerce Committee adopted a proposed committee substitute (PCS) with one amendment and reported the bill favorably as a committee substitute. The PCS as amended: Lowered the cap on the number of specialty license plates that DSHMV may issue to 125 plates. Added the following new specialty license plates and provided for the distribution of their annual use fees: o Florida Swims o Down Syndrome Awareness o Gopher Tortoise o Take Stock in Children Created a motorcycle option for the existing Blue Angels specialty license plate, with proceeds going to the National Aviation Museum Foundation to be used in the same manner as the proceeds from existing Blue Angels license plate. Revised the authorized use of the proceeds from the existing Live the Dream License Plate. This analysis is drafted to the committee substitute as approved by the Commerce Committee.