This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: h0141.TIE DATE: 11/24/2021 HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 141 Motorcycle Specialty License Plates SPONSOR(S): Salzman TIED BILLS: HB 143 IDEN./SIM. BILLS: REFERENCE ACTION ANALYST STAFF DIRECTOR or BUDGET/POLICY CHIEF 1) Tourism, Infrastructure & Energy Subcommittee Johnson Keating 2) Commerce Committee SUMMARY ANALYSIS Currently, 123 specialty license plates are available to any owner or lessee of a motor vehicle and one specialty license plate is available to any owner or lessee of a motorcycle, subject to payment of an additional annual use fee for each 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. The bill creates the Blue Angels motorcycle specialty license plate, requires DHSMV to issue the license plate upon request, and authorizes the transfer of an existing license plate if a replacement vehicle is acquired. The bill also provides for the design of the plate with “Florida” appearing at the top of the plate and an image of the Blue Angels appearing on the far left side of the plate. DHSMV may also issue personal prestige plates for the license plate. The annual use fees from the sale of the plate are distributed to the Naval Aviation Museum Foundation. HB 143 (2022), to which this bill is linked, authorizes for the taxes and fees required to obtain a Blue Angels motorcycle specialty license plate, including an annual use fee of $20 and a $2 processing fee. The bill will have a negative, but insignificant, fiscal impact to state expenditures associated with DHSMV’s programming costs for the specialty license plate. These costs can be absorbed within existing resources. The bill has an effective date of October 1, 2022, contingent upon HB 143 (2022) or similar legislation taking effect, if such legislation is adopted in the same legislative session or extension thereof and becomes a law. STORAGE NAME: h0141.TIE PAGE: 2 DATE: 11/24/2021 FULL ANALYSIS I. SUBSTANTIVE ANALYSIS A. EFFECT OF PROPOSED CHANGES: Current Situation 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 the Department of Highway Safety and Motor Vehicles (DHSMV) as soon as practicable, but no later than 60 days after the act approving the plate becomes a law. 1 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, 2 a service charge and branch fee, 3 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. 4 Within 24 months after establishing a presale specialty license plate voucher, the approved specialty license plate must record with DHSMV a minimum of 3,000 voucher sales 5 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 the 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. 6 Each request for a specialty license plate must be made annually to DHSMV or its authorized agent accompanied by the appropriate tax and fees. 7 Motorcycle Specialty License Plates Current law authorizes a reduced dimensions specialty license plate for display on motorcycles, upon paying the appropriate license tax, 8 the license plate fee, 9 a $2 processing fee, and a $20 license plate annual use fee. 10 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. 11 If a motorcycle owner or lessee to whom DHSMV has issued a motorcycle specialty license plate acquires a replacement vehicle, DHSMV must authorize a transfer of the specialty license plate to the replacement motorcycle. 12 The annual use fee or processing fee may not be refunded. 13 1 S. 320.08053(1), F.S. 2 The processing fee is prescribed in s. 320.08056, F.S. 3 Service charges and branch fees are prescribed in s. 320.04, F.S. 4 S. 320.08053(2)(a), F.S. 5 In the case of out-of-state college or university license plate, the license plate must register 4,000 voucher sales. 6 S. 320.08053(2)(b), F.S. 7 S. 320.08056(3), F.S. 8 The license tax is required under s. 320.08, F.S. 9 The license plate fee is required under s. 320.06(1)(b), F.S. 10 S. 320.08068, F.S. 11 S. 320.08068(4), F.S. 12 S. 320.0609, F.S. 13 S. 320.08068(5), F.S. STORAGE NAME: h0141.TIE PAGE: 3 DATE: 11/24/2021 The motorcycle specialty license plate is 4 inches wide by 7 inches long and incorporates a red, white, and blue color scheme. DHSMV determines the maximum number of characters, including numerals and letters, that may be on the plate. Motorcycle specialty license plates must be made of the same material as standard license plates issued for any registration period. In small letters, the word “Florida” must appear at the top of the plate. 14 DSHMV may issue personalized prestige plates for motorcycle specialty license plates. 15 Blue Angels 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. 16 Naval Aviation Museum Foundation 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. 17 The Naval Aviation Museum Foundation, Inc. is registered with the Department of State as a Florida not-for-profit corporation. 18 HB 143 (2022) HB 143 (2022) to which this bill is linked, creates s. 320.08781, F.S., requiring the following taxes and fees to be collected for the Blue Angels specialty license plate: The existing license tax. 19 An existing license plate fee. 20 A processing fee of $2. An annual use fee of $20. Effect of the Bill The bill creates the Blue Angels motorcycle specialty license plate. 21 DHSMV must develop a reduced- dimensions version of the existing Blue Angels specialty license plate for display on motorcycles. Under the bill, DHSMV must issue a Blue Angels specialty license plate to the owner or lessee of any motorcycle upon request. Each request must be made annually to DHSMV, accompanied by the taxes and fees established in HB 143 (2022), which includes a $20 annual use fee and a $2 processing fee. The annual use fees from the sale of the plate are distributed to the Naval Aviation Museum Foundation. 14 S. 320.08068(6), F.S. 15 S. 320.08068(7), F.S. 16 Blue Angels Website, Message from the Commanding Officer, https://www.blueangels.navy.mil/default.htm (last visited Oct. 28, 2021). 17 Naval Aviation Museum Foundation, Who We Are, https://navalaviationfoundation.org/who-we-are/ (last visited Oct. 14, 2021) 18 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). 19 The license tax is required under s. 320.08, F.S. 20 The license plate fee is required by s. 320.06(1)(b), F.S. 21 Section 320.08058(90), F.S., creates the existing Blue Angels specialty license plate for motor vehicles. STORAGE NAME: h0141.TIE PAGE: 4 DATE: 11/24/2021 If the owner or lessee to whom DHSMV has issued a Blue Angels specialty license plate acquires a replacement vehicle within the owner’s registration period, DHSMV must authorize the transfer of the plate to the replacement vehicle. The $20 annual use fee and the $2 processing fee may not be refunded. The plate must be 4 inches wide by 7 inches long and incorporate an image of the Blue Angels approved by DHSMV and may bear the imprint of numerals 1 to 999, inclusive, capital letters “A” through “Z,” or a combination thereof. The maximum number of characters is four, including letters and numerals, and the design must be printed on the far left side of the plate. The Blue Angels motorcycle specialty license plate must be made of the same material as standard license plates issued for any registration period. In small letters, the word “Florida” must appear at the top of the plate. DHSMV may issue personalized prestige plates for the Blue Angels specialty license plate, which must be issued in accordance with Florida law governing such plates. The bill has an effective date of October 1, 2022, contingent upon HB 143 (2022) or similar legislation taking effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law. B. SECTION DIRECTORY: Section 1 Creates s. 320.0878, F.S., creating the Blue Angels motorcycle specialty license plate. Section 2 Provides a contingent effective date. II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: None. 2. Expenditures: The bill will have a negative, but insignificant, fiscal impact on DHSMV associated with programming costs. These costs can be absorbed within existing resources. B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues: None. 2. Expenditures: None. C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: The Naval Aviation Museum Foundation may see an increase in revenues associated with the sale of this license plate. D. FISCAL COMMENTS: None. STORAGE NAME: h0141.TIE PAGE: 5 DATE: 11/24/2021 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 require or authorize rulemaking. C. DRAFTING ISSUES OR OTHER COMMENTS: None. IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES Not Applicable.