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. STORAGE NAME: h0355.TIE PAGE: 5 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.