Florida 2022 2022 Regular Session

Florida House Bill H0355 Analysis / Analysis

Filed 11/24/2021

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0355.TIE 
DATE: 11/24/2021 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 355    Live the Dream License Plate 
SPONSOR(S): Bush 
TIED BILLS:   IDEN./SIM. BILLS: SB 724 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Tourism, Infrastructure & Energy Subcommittee  	Johnson Keating 
2) Commerce Committee    
SUMMARY ANALYSIS 
Current law creates the Live the Dream license plate with an annual use fee of $25. The proceeds from the 
sale of the Live the Dream license plate are distributed to the Dream Foundation, Inc., with 60 percent of those 
funds distributed to Florida members of the Sickle Cell Disease Association of America for programs that 
provide research, care, and treatment for sickle cell disease and 30 percent of those funds distributed to 
Chapman Partnership, Inc., for programs that provide relief from poverty, hunger, and homelessness. Up to 
five percent of the proceeds may be used for administrative costs and marketing the plate, and up to five 
percent may be distributed 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. 
 
The bill revises the authorized uses of the annual use fees from the sale of the Live the Dream license plate, 
such that the funds distributed to the Dream Foundation, Inc., must be used as follows: 
 At least 40 percent must be distributed to the 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 35 percent must be used by the Dream Foundation, Inc., for programs and services relating to 
the Dream Reentering Citizen’s Fund: 
o Ten percent for administrative costs associated with the operation of the Dream Foundation, 
Inc., and for marketing and promoting the license plate; 
o Ten percent for programs and services directly provided by the Dream Foundation, Inc., which 
assist inmates released from the Department of Corrections; and 
o Fifteen percent as grants to administer and market programs and services throughout this state 
which assist inmates released from the Department of Corrections in successfully reentering the 
community. 
 At least 20 percent must be distributed as scholarships for Florida high school seniors, who have at 
least one parent or legal guardian incarcerated. 
 
Up to 5 percent may be distributed by the Department of Highway Safety and Motor Vehicles 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. 
 
The bill removes the Chapman Partnership from the list of recipient organizations. 
 
The bill does not appear to have a fiscal impact to state or local governments. 
 
The bill has an effective date of October 1, 2022. 
   STORAGE NAME: h0355.TIE 	PAGE: 2 
DATE: 11/24/2021 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Current Situation 
 
Live the Dream License Plate 
 
Current law creates the Live the Dream license plate with an annual use fee of $25.
1
 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.
2
 
 
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.,
3
 for programs that provide relief 
from poverty, hunger, and homelessness. 
 Up to five percent may be distributed by the Department of Highway Safety and Motor Vehicles 
(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.
4
 
 
In 2020, 5,292 Live the Dream license plates were sold.
5
 
 
The distribution of proceeds from the sale of the Live the Dream license plate were last amended in 
2020.
6
 
 
The Dream Foundation, Inc. 
 
Founded in 2001 around the creation of the Live The Dream license plate, the Dream Foundation is a 
statewide 501(c)(3) organization.
7
 The Dream Foundation, Inc., is listed as an active corporation with 
the Department of State.
8
 
 
                                                
1
 The $25 annual use fee is provided for in s. 320.08056(3)(d), F.S. 
2
 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). 
3
 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). 
4
 S. 320.08058(47)(b), F.S. 
5
 DHSMV, 2020 Specialty License Plate Ranking, https://www.flhsmv.gov/pdf/specialtyplates/license_plate_rankings.pdf (last visited 
Nov. 22, 2021). 
6
 Ch. 2020-181, Laws of Fla. 
7
 The Dream Foundation, About Us, https://www.livethedreamfoundation.org/about-us.html (last visited Oct. 20, 2021). 
8
 Department of State, 
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOr
der=DREAMFOUNDATION%2 0N010000038910&aggregateId=domnp -n01000003891-2461ac21-eb6a-411a-b759-
47d16568ca4b&searchTerm=Dream%20foundation&listNameOrder=DREAMFOUNDATION%20N010000038910 (last visited Oct. 22, 
2021).  STORAGE NAME: h0355.TIE 	PAGE: 3 
DATE: 11/24/2021 
  
The Dream Reentering Citizens Fund 
 
The Dream Foundation’s Dream Reentering Citizens Fund works with other organizations and the legal 
community to seek the waiver of fines and fees hindering those with a felony record from registering to 
vote.
9
 
 
Effect of the Bill 
 
The bill revises the authorized uses of the annual use fees 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: 
 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 35 percent must be distributed to the Dream Foundation, Inc., for programs and 
services relating to the Dream Reentering Citizen’s Fund, as follows: 
o Ten percent must be used for administrative costs associated with the operation of the 
Dream Foundation, Inc., and for marketing and promoting the license plate. 
o Ten percent must be used for programs and services directly provided by the Dream 
Foundation, Inc., which assist inmates released from the Department of Corrections in 
successfully reentering the community. 
o Fifteen percent must be distributed as grants to administer and market programs and 
services throughout Florida which assist inmates released from the Department of 
Corrections 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 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. 
 
Scholarships funded by the bill must be awarded through a competitive application process overseen 
by a scholarship program committee composed of one representative form PACE Center for Girls,
10
 
one representative from Children of Inmates, Inc.,
11
 one representative from Living Stones 
International, Inc.,
12
 and one representative from the executive team or board of the Dream Foundation, 
Inc. Fiscal oversight of the scholarship program must be performed by a certified public accounting 
firm. 
 
The bill eliminates the distribution to the Chapman Partnership, Inc. 
 
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. 
 
                                                
9
 The Dream Foundation, Reentering Citizen’s Fund, https://livethedreamfoundation.org/re-entering-citizens-fund.html (last visited Nov. 
17, 2021). 
10
 PACE Center for Girls’ mission is to provides girls and young women an opportunity for a better future through education, counseling, 
training, and advocacy. https://www.pacecenter.org/about/vision-mission-guiding-principles (last visited Nov. 22, 2021) 
11
 Children of Inmate, Inc.’s mission is to assure that children with incarcerated parents have opportunities to be cared for and 
supported in their development by responsible adults, helping professionals, and others in their communities. 
https://www.childrenofinmates.org/About-Us/#Mission (last visited Nov. 22, 2021). 
12
 Living Stones' Mission is to strengthen and build healthy relationships among family members. http://welivingstones.org/index.html 
(last visited Nov. 22, 2021).  STORAGE NAME: h0355.TIE 	PAGE: 4 
DATE: 11/24/2021 
  
Section 2 Provides an effective date. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
Sickle cell organizations that are Florida members of the Sickle Cell Disease Association of America, 
Inc., will lose one-third of the proceeds they receive from the sale of the Live the Dream license plate. 
 
The Dream Reentering Citizens Fund will see an increase in revenues associated with the sale of the 
Live the Dream license plate. 
 
Certain high school seniors will receive scholarships associated with funds distributed from the sale of 
the Live the Dream license plate. 
 
The Chapman Partnership will lose all of the revenues it currently receives from the sale of the Live the 
Dream license plate. 
 
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 require or authorize rulemaking. 
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DATE: 11/24/2021 
  
C. DRAFTING ISSUES OR OTHER COMMENTS: 
On lines 43-47 of the bill, it appears that 15 percent of the proceeds are distributed as grants to 
administer and market programs and services that assist inmates released from the Department of 
Corrections. As the bill is drafted, it appears that these proceeds must be used for administration and 
marketing of the grants and not for the actual grants. Additionally, the bill does not specify what entity 
administers the grants. 
 
On lines 48-49, the bill provides for scholarships to high school seniors, at least one of whose parents 
or legal guardians is incarcerated. As drafted, the bill may be interpreted to require only one scholarship 
recipient to have a parent or guardian that is incarcerated. The bill also does not specify what entity 
administers and distributes the scholarships. 
 
IV.  AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES 
Not applicable.