Florida 2022 2022 Regular Session

Florida Senate Bill S0364 Engrossed / Bill

Filed 03/01/2022

 CS for CS for SB 364  First Engrossed 2022364e1 1 A bill to be entitled 2 An act relating to specialty license plates; amending 3 s. 320.08053, F.S.; revising presale voucher sales 4 requirements for specialty license plates; requiring 5 the Department of Highway Safety and Motor Vehicles to 6 extend the presale period by a specified amount of 7 time for certain approved specialty license plate 8 organizations; amending s. 320.08056, F.S.; revising 9 the calculation of certain independent college and 10 university specialty license plate sales for certain 11 determinations; requiring the department to continue 12 to collect annual use fees for certain discontinued or 13 replaced plates; amending s. 320.08058, F.S.; revising 14 annual use fee distributions from the sale of the Live 15 the Dream license plate; providing for the award of 16 scholarships to certain students through a competitive 17 application process; providing for fiscal oversight by 18 a certified public accounting firm; requiring the 19 department to develop a Blue Angels motorcycle 20 specialty license plate; specifying a design 21 requirement for the plate; requiring that the number 22 of valid Blue Angels motor vehicle and motorcycle 23 specialty license plates be added together for 24 purposes of a certain determination; directing the 25 department to develop Inter Miami CF, Safe Haven for 26 Newborns, Pap Corps Champions for Cancer Research, 27 Learn to Fly, Florida Swims, Ethical Ecotourism, Down 28 Syndrome Awareness, and Gopher Tortoise license 29 plates; providing for distribution and use of fees 30 collected from the sale of such license plates; 31 providing a directive to the Division of Law Revision; 32 providing effective dates. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1.Paragraph (b) of subsection (2) of section 37 320.08053, Florida Statutes, is amended to read: 38 320.08053Establishment of specialty license plates. 39 (2) 40 (b)Within 24 months after the presale specialty license 41 plate voucher is established, the approved specialty license 42 plate organization must record with the department a minimum of 43 2,500 3,000 voucher sales, or in the case of an out-of-state 44 college or university license plate, 4,000 voucher sales, before 45 manufacture of the license plate may commence. The department 46 shall extend this presale period by an additional 24 months for 47 an approved specialty license plate organization that, as of the 48 effective date of this act, is in the presale period but has not 49 recorded at least 2,500 voucher sales. If, at the conclusion of 50 the 24-month presale period, the minimum sales requirement has 51 not been met, the specialty plate is deauthorized, and the 52 department shall discontinue development of the plate and 53 discontinue issuance of the presale vouchers. Upon 54 deauthorization of the license plate or if the plate has met the 55 presale requirement but has not been issued, a purchaser of the 56 license plate voucher may use the annual use fee collected as a 57 credit towards any other specialty license plate or apply for a 58 refund on a form prescribed by the department. 59 Section 2.Subsection (12) of section 320.08056, Florida 60 Statutes, is amended to read: 61 320.08056Specialty license plates. 62 (12)Notwithstanding s. 320.08058(3)(a), the department, in 63 cooperation with the independent colleges or universities as 64 described in s. 1009.89, shall create a standard template 65 specialty license plate with a unique logo or graphic 66 identifying each independent college or university. Each 67 independent college or university may elect to use this standard 68 template specialty license plate in lieu of its own specialty 69 license plate. Annual use fees from the sale of these license 70 plates shall be distributed to the independent college or 71 university for which the logo or graphic is displayed on the 72 license plate and shall be used as provided in s. 320.08058(3). 73 An independent college or university colleges or universities 74 opting to use the standard template specialty license plate 75 shall have the standard template specialty license their plate 76 sales added to the total number of remaining current valid 77 registrations under paragraph (8)(c) for the formerly separate 78 independent college and university license plates which were 79 issued before the independent college or university elected to 80 use the standard template specialty license plate combined for 81 purposes of the standard template specialty license plate 82 meeting the minimum license plate sales threshold in paragraph 83 (8)(a) and for determining the license plate limit in s. 84 320.08053(3)(b). Specialty license plates created pursuant to 85 this subsection must be ordered directly from the department. If 86 the independent college or university elects to use the standard 87 template specialty license plate, the department shall 88 discontinue the existing specialty license plate and, 89 notwithstanding paragraph (8)(c), shall continue to collect the 90 applicable specialty license plate annual use fee under 91 paragraph (3)(d) or subsection (4) for the remainder of the 10 92 year license plate replacement period for the existing plate 93 being discontinued or being replaced with the standard template 94 specialty license plate. 95 Section 3.Effective October 1, 2022, subsections (47) and 96 (79) of section 320.08058, Florida Statutes, are amended, and 97 subsections (119) through (126) are added to that section, to 98 read: 99 320.08058Specialty license plates. 100 (47)LIVE THE DREAM LICENSE PLATES. 101 (a)The department shall develop a Live the Dream license 102 plate as provided in this section. Live the Dream license plates 103 must bear the colors and design approved by the department. The 104 word Florida must appear at the top of the plate, and the 105 words Live the Dream must appear at the bottom of the plate. 106 (b)The proceeds of the annual use fee shall be distributed 107 to the Dream Foundation, Inc., to be used in the following 108 manner: 109 1.Up to 5 percent may be used to administer, promote, and 110 market the license plate. 111 2.At least 25 60 percent shall be distributed equally 112 among the sickle cell organizations that are Florida members of 113 the Sickle Cell Disease Association of America, Inc., for 114 programs that provide research, care, and treatment for sickle 115 cell disease. 116 3.At least 8 percent shall be used for programs and 117 services provided directly by the Dream Foundation, Inc., which 118 assist inmates released from the custody of a county jail in 119 this state or a Department of Corrections facility in 120 successfully reentering the community. 121 4.At least 15 percent shall be distributed as grants for 122 programs and services throughout this state which assist inmates 123 released from the custody of a county jail in this state or a 124 Department of Corrections facility in successfully reentering 125 the community. 126 5.At least 20 percent shall be distributed as scholarships 127 to graduating high school seniors in this state who have at 128 least one parent or legal guardian who is incarcerated, for the 129 purpose of attending a state university, a Florida College 130 System institution, a career center operated by a school 131 district under s. 1001.44, or a charter technical career center 132 under s. 1002.34. Scholarships shall be awarded through a 133 competitive application process. Fiscal oversight of the 134 scholarship program shall be performed by a certified public 135 accounting firm. 136 6.At least 22 30 percent shall be distributed to Chapman 137 Partnership, Inc., for programs that provide relief from 138 poverty, hunger, and homelessness. 139 7.4.Up to 5 percent may be distributed by the department 140 on behalf of the Dream Foundation, Inc., to The Martin Luther 141 King, Jr. Center for Nonviolent Social Change, Inc., as a 142 royalty for the use of the image of Dr. Martin Luther King, Jr. 143 (79)BLUE ANGELS LICENSE PLATES. 144 (a)The department shall develop a Blue Angels license 145 plate for display on a motor vehicle and for display on a 146 motorcycle as provided in this section and s. 320.08053. The 147 plate must bear the colors and design approved by the 148 department. The word Florida must appear at the top of the 149 plate, and the words Home of the Blue Angels must appear at 150 the bottom of the plate. Any department-approved image must be 151 placed on the far left side of a plate for display on a 152 motorcycle. 153 (b)The annual use fees from the sale of the plate shall be 154 distributed to the Naval Aviation Museum Foundation, a nonprofit 155 Florida corporation under s. 501(c)(3) of the Internal Revenue 156 Code, to fund the maintenance, programs, marketing, and projects 157 of the foundation, including the National Naval Aviation Museum 158 and the National Flight Academy in Pensacola. Up to 10 percent 159 of the funds received by the Naval Aviation Museum Foundation 160 may be used for marketing of the plate and costs directly 161 associated with the administration of the foundation. The Naval 162 Aviation Museum Foundation shall distribute 50 percent of the 163 funds to eligible programs and projects associated with the 164 National Flight Academy and the remainder of the funds to 165 eligible programs and projects associated with the National 166 Naval Aviation Museum. 167 (c)The number of valid specialty license plates issued for 168 display on a motor vehicle or on a motorcycle must be added 169 together to determine whether the specialty license plate must 170 be discontinued pursuant to s. 320.08056(8)(a). 171 (119)INTER MIAMI CF LICENSE PLATES. 172 (a)The department shall develop an Inter Miami CF license 173 plate as provided in this section and s. 320.08053. The plate 174 must bear the colors and design approved by the department. The 175 word Florida must appear at the top of the plate, and the 176 words Inter Miami CF must appear at the bottom of the plate. 177 (b)The annual use fees from the sale of the plate shall be 178 distributed to Inter Miami CF Foundation Corporation, a 179 nonprofit corporation under s. 501(c)(3) of the Internal Revenue 180 Code, which may use a maximum of 10 percent of the proceeds to 181 promote and market the plate. The remainder of the proceeds 182 shall be used by Inter Miami CF Foundation Corporation to plan 183 and execute sports-based development and direct-service 184 community programs, initiatives, and events. 185 (120)SAFE HAVEN FOR NEWBORNS LICENSE PLATES. 186 (a)The department shall develop a Safe Haven for Newborns 187 license plate as provided in this section and s. 320.08053. The 188 plate must bear the colors and design approved by the 189 department. The word Florida must appear at the top of the 190 plate, and the words A Safe Haven for Newborns must appear at 191 the bottom of the plate. 192 (b)The annual use fees from the sale of the plate shall be 193 distributed to the Gloria M. Silverio Foundation, Incorporated, 194 a Florida nonprofit corporation under s. 501(c)(3) of the 195 Internal Revenue Code, the mission of which is to prevent infant 196 abandonment through awareness, education, and direct assistance. 197 Up to 10 percent of the fees may be used for marketing and 198 administration of the plate. The remaining funds shall be used 199 by the foundation to prevent infant abandonment through 200 awareness, education, and direct assistance. 201 (121)PAP CORPS CHAMPIONS FOR CANCER RESEARCH LICENSE 202 PLATES. 203 (a)The department shall develop a Pap Corps Champions for 204 Cancer Research license plate as provided in this section and s. 205 320.08053. The plate must bear the colors and design approved by 206 the department. The word Florida must appear at the top of the 207 plate, and the words Cancer Research Matters must appear at 208 the bottom of the plate. 209 (b)The annual use fees from the sale of the plate shall be 210 distributed to the Papanicolaou Corps for Cancer Research, Inc., 211 a Florida nonprofit corporation, as follows: 212 1.Up to 10 percent of the annual use fees must be used 213 for: 214 a.Promotion and marketing costs of the license plate; and 215 b.Reimbursing the corporation for administrative costs, 216 startup costs, and costs incurred in the development and 217 approval process of the license plate. 218 2.The remaining funds must be distributed with the 219 approval of and accountability to the board of directors of the 220 Pap Corps and must be used to promote and support awareness of 221 critical lifesaving cancer research by the Sylvester 222 Comprehensive Cancer Center through education, outreach, and 223 clinical research. 224 (122)LEARN TO FLY LICENSE PLATES. 225 (a)The department shall develop a Learn to Fly license 226 plate as provided in this section and s. 320.08053. The plate 227 must bear the colors and design approved by the department. The 228 word Florida must appear at the top of the plate, and the 229 words Learn to Fly must appear at the bottom of the plate. 230 (b)The annual use fees from the sale of the plate shall be 231 distributed to Floridas Lifted Youth Inc., a Florida nonprofit 232 corporation, which may use up to 10 percent of the proceeds to 233 promote and market the plate. The remainder of the proceeds 234 shall be used by Floridas Lifted Youth Inc., to assist 235 underprivileged youth and the children of fallen heroes to 236 establish careers in aviation. 237 (123)FLORIDA SWIMS LICENSE PLATES. 238 (a)The department shall develop a Florida Swims license 239 plate as provided in this section and s. 320.08053. The plate 240 must bear the colors and design approved by the department. The 241 word Florida must appear at the top of the plate, and the 242 words Swim for Life must appear at the bottom of the plate. 243 (b)The annual use fees from the sale of the plate shall be 244 distributed to the Swimming Pool Education and Safety 245 Foundation, Inc., doing business as Florida Swims, a nonprofit 246 organization under s. 501(c)(3) of the Internal Revenue Code, 247 which may use up to 10 percent of the proceeds for 248 administration, promotion, and marketing of the plate. All 249 remaining proceeds shall be used by the Swimming Pool Education 250 and Safety Foundation, Inc., doing business as Florida Swims, to 251 promote swimming pool and water safety and to provide grants and 252 scholarships for childhood swimming lessons in this state. 253 (124)ETHICAL ECOTOURISM LICENSE PLATE. 254 (a)The department shall develop an Ethical Ecotourism 255 license plate as provided in this section and s. 320.08053. The 256 plate must bear the colors and design approved by the 257 department. The word Florida must appear at the top of the 258 plate, and the words Ethical Ecotourism must appear at the 259 bottom of the plate. 260 (b)The annual use fees from the sale of the plate shall be 261 distributed equally between the Florida Society for Ethical 262 Ecotourism, Inc., and Paddle Florida, Inc., each of which may 263 use up to 10 percent of its proceeds for administrative costs 264 and the marketing of the plate. The remaining proceeds must be 265 used by the Florida Society for Ethical Ecotourism, Inc., to 266 provide environmental education and awareness that encourage 267 behaviors that contribute to the sustainability of Floridas 268 natural ecosystems and resources and by Paddle Florida, Inc., to 269 raise awareness about water conservation, wildlife preservation, 270 restoration of springs, and protection of waterways in this 271 state. 272 (125)DOWN SYNDROME AWARENESS LICENSE PLATES. 273 (a)The department shall develop a Down Syndrome Awareness 274 license plate as provided in this section and s. 320.08053. The 275 plate must bear the colors and design approved by the 276 department. The word Florida must appear at the top of the 277 plate, and the words Down Syndrome Awareness must appear at 278 the bottom of the plate. 279 (b)The annual use fees from the sale of the plate shall be 280 distributed to Our City Beautiful, Inc., a Florida nonprofit 281 corporation. Up to 10 percent of the fees may be used for 282 administrative costs and marketing of the plate. Of the 283 remaining fees: 284 1.Fifty percent shall be used to build and maintain 285 HOLLAND, an affordable housing project for independent living 286 for persons with Down syndrome or other intellectual disability. 287 2.Fifteen percent shall be dedicated to Our City Beautiful 288 World Changer scholarships for Florida residents 18 years of age 289 or older with Down syndrome who wish to further their education 290 at postsecondary educational institutions located in this state. 291 3.Thirty-five percent shall be used for grants to other 292 nonprofit organizations within this state to support housing, 293 educational scholarships, and employment assistance programs for 294 persons with Down syndrome or other intellectual disability. 295 (126)GOPHER TORTOISE LICENSE PLATES. 296 (a)The department shall develop a Gopher Tortoise license 297 plate as provided in this section and s. 320.08053. The plate 298 must bear the colors and design approved by the department. The 299 word Florida must appear at the top of the plate, and the 300 words Protect the Gopher Tortoise must appear at the bottom of 301 the plate. 302 (b)The annual use fees from the sale of the plate shall be 303 distributed to Wildlands Conservation, Inc., a nonprofit 304 corporation under s. 501(c)(3) of the Internal Revenue Code, to 305 fund gopher tortoise and commensal species research, education, 306 and conservation, as well as upland habitat protection, 307 restoration, and management in this state to benefit the gopher 308 tortoise and other upland species. Up to 10 percent of the funds 309 received by Wildlands Conservation, Inc., may be used for 310 marketing of the plate and costs directly associated with the 311 administration of the gopher tortoise protection program. 312 Wildlands Conservation, Inc., shall use and distribute the funds 313 to eligible Florida-based scientific, conservation, and 314 educational organizations for gopher tortoise, commensal 315 species, and upland habitat research, conservation, and 316 management. 317 Section 4.The Division of Law Revision is directed to 318 replace the phrase the effective date of this act wherever it 319 occurs in this act with the date this act becomes a law. 320 Section 5.Except as otherwise expressly provided in this 321 act, this act shall take effect upon becoming a law.