Florida 2022 2022 Regular Session

Florida House Bill H0355 Analysis / Analysis

Filed 12/03/2021

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0355a.TIE 
DATE: 12/3/2021 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: CS/HB 355    Live the Dream License Plate 
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee, Bush 
TIED BILLS:   IDEN./SIM. BILLS: SB 724 
 
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    
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 proceeds 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: 
 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 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 10 percent must be used for services provided directly by the foundation, which assist inmates 
released from a county jail or Department of Corrections (DOC) facility in successfully reentering the 
community. 
 At least 15 percent must be distributed as grants for programs and services that assist inmates 
released from a county jail or DOC facility 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: h0355a.TIE 	PAGE: 2 
DATE: 12/3/2021 
  
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, Inc., 
(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
 
 
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: 
                                                
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%20N010000038910&aggregateId=domnp -n01000003891-2461ac21-eb6a-411a-b759-
47d16568ca4b&searchTerm=Dream%20foundation&listNameOrder=DREAMFOUNDATION%20N010000038910 (last visited Oct. 22, 
2021).  STORAGE NAME: h0355a.TIE 	PAGE: 3 
DATE: 12/3/2021 
  
 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. Fiscal oversight of the scholarship program must be performed by a 
certified public accounting firm. 
 
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. 
 
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: 
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. 
  STORAGE NAME: h0355a.TIE 	PAGE: 4 
DATE: 12/3/2021 
  
Programs which help recently released inmates successfully reenter the community will see an 
increase in grant revenues. 
 
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. 
 
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: 
 
 Clarified that up to 10 percent of the annual use fees from the license plate may be used for 
administrative costs of the Dream Foundation, Inc., and to market and promote the plate. 
 Clarified that for purposes of grants for programs and services that assist former inmates, such inmates 
include persons released from a county jail or a Department of Corrections facility. 
 Clarified that the scholarships funded by proceeds from the license plate are for students who have at 
least one parent or guardian that is incarcerated. 
 Removed references to a scholarship committee. 
 
This analysis is drafted to the committee substitute as approved by the Tourism, Infrastructure & Energy 
Subcommittee.