This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0213.TIE
DATE: 11/24/2021
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 213 Specialty License Plates
SPONSOR(S): Morales
TIED BILLS: 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 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.
The bill creates the Down Syndrome Awareness specialty license plate with an annual use fee of $25. The
plate must bear DHSMV-approved colors and designs with “Florida” appearing at the top of the plate and
“Down Syndrome Awareness” appearing at the bottom of the plate. The annual use fees are distributed to Our
City Beautiful, Inc., for programs that support persons with Down Syndrome and other intellectual disabilities.
The bill will have a negative, but insignificant, fiscal impact to state expenditures associated with DHSMV’s
programming costs for the specialty license plate.
The bill has an effective date of October 1, 2022.
STORAGE NAME: h0213.TIE PAGE: 2
DATE: 11/24/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
The first Florida specialty license plates were enacted in 1986 and included the creation of the
Challenger plate and ten Florida collegiate plates. Today, there are 159 legislatively authorized
specialty license plates, with 123 available for sale and an additional 36 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 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.
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
1
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2022 House Bill 163, p.2. (Oct. 15, 2021)
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: h0213.TIE PAGE: 3
DATE: 11/24/2021
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.
14
Specialty License Plate Issuance and Fees
DHSMV is responsible for developing authorized specialty license plates.
15
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.
16
Specific specialty license
plates are authorized for dealer and fleet vehicles.
17
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
18
accompanied by the following tax and fees: the vehicle’s required license tax,
19
a processing fee of
$5,
20
a license plate fee,
21
and a license plate annual use fee as required for the specialty license
plate.
22
Our City Beautiful, Inc.
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.
23
Created by Our City Beautiful, HOLLAND is a proposed tiny house
community for persons with Down Syndrome and other intellectual disabilities.
24
Its World Changer
Scholarships were created to support individuals with Down Syndrome, age 18 or older, pursuing
higher education.
25
Our City Beautiful, Inc., is registered with the Department of State as a not-for-profit corporation.
26
Effect of the Bill
The bill creates the Down Syndrome Awareness license plate, with an annual use fee of $25.
27
The
plate must bear DHSMV-approved colors and designs, with “Florida” appearing at the top of the plate
and “Down Syndrome Awareness” appearing at the bottom of the plate.
The annual use fees from the sale of the plate are distributed to Our City Beautiful, Inc. Up to 10
percent of the fees from the sale of the plate may be used for administrative costs and marketing the
plate. Of the remaining fees:
Fifty percent must be used to build and maintain HOLLAND, an affordable housing project for
independent living for persons with Down Syndrome and other intellectual disabilities.
14
S. 320.08053(3)(b), F.S.
15
S. 320.08056(1), F.S.
16
S. 320.08056(2), F.S.
17
See ss. 320.06(3)(a), 320.0657(2)(a), 320.08(12) and 320.08056(2)(b) and (c), F.S.
18
DHSMV’s authorized agents are the county tax collectors.
19
Motor vehicle license taxes are set forth in s. 320.08, F.S.
20
The $5 processing fee is deposited into the Highway Safety Operating Trust Fund.
21
Section 320.06(1)(b), F.S., provides for a $2.80 annual license plate replacement fee.
22
S. 320.08056(3), F.S.
23
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).
24
Our City Beautiful, HOLLAND, https://our-city-beautiful.com/ocbhomeproject/ (last visited Sep. 30, 2021).
25
Our City Beautiful, World Changer Scholarships, https://our-city-beautiful.com/world-changer-scholarship/ (last visited Sep. 30, 2021)
26
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).
27
The $25 annual use fee is provided for in existing s. 320.08056(3)(d), F.S. STORAGE NAME: h0213.TIE PAGE: 4
DATE: 11/24/2021
Fifteen percent must be dedicated to 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.
Thirty-five percent must be used for grants to other nonprofit organizations in this state to
support housing, educational scholarships, and employment assistance programs for persons
with Down Syndrome and other intellectual disabilities.
The license plate will be added to DHSMV’s presale voucher process, but the plate will only be placed
into production once it meets the 3,000 minimum sales threshold and if the 150 plate cap is not
reached.
28
The bill has an effective date of October 1, 2022.
B. SECTION DIRECTORY:
Section 1 Amends s. 320.08058, F.S., relating to specialty license plates.
Section 2 Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
DSHMV will need to update its procedures, forms, and website to incorporate this additional license
plate. Additionally, programming will be required for DOT to accept presale vouchers for the license
plate. According to DHSMV, a specialty license plate with annual use fees distributed to one
organization will require between 200 and 250 hours of programming. Additional distributions will
generally require an additional 5 to 10 hours or programming per distribution.
29
This programming
can be done using existing resources.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Once the license plate goes into production, Our City Beautiful, Inc., may see an increase in revenues
associated with the sale of this license plate.
D. FISCAL COMMENTS:
None.
28
DSHMV, supra note 1. p. 4.
29
Id. at 4-5 STORAGE NAME: h0213.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 municipal or county governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
This bill does not require or authorize rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill distributes proceeds from this specialty license plate for use by programs that support persons
with Down Syndrome and other intellectual disabilities. If the intent of the bill is to fund programs that
support persons that have either Down Syndrome or another intellectual disability the bill should be
amended to clarify this.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.