The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Transportation
BILL: CS/SB 364
INTRODUCER: Transportation Committee and Senator Bean
SUBJECT: Specialty License Plate Presales
DATE: January 26, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Proctor Vickers TR Fav/CS
2. ATD
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 364 reduces the minimum voucher sale requirement for all specialty license plates to
2,500, before manufacture of the license plate may commence. In addition, the bill directs the
Department of Highway Safety and Motor Vehicles (DHSMV) to extend the presale period by an
additional 24 months, from 24 months to 48 months, for an approved specialty license plate
organization that, as of the date the bill becomes law, is in the presale period but has not recorded
at least 2,500 voucher sales.
The bill provides that independent colleges or universities opting to use the standard template
specialty license plate will have their plate sales combined with previous individual independent
college or university license plate sales for purposes of meeting the minimum license plate sales
threshold of 1,000 sales for at least 12 consecutive months and license plate limits in statute.
The bill creates a Blue Angels motorcycle specialty license plate and seven new specialty license
plates: Inter Miami CF; Safe Haven for Newborns; Pap Corps Champions for Cancer Research;
Learn to Fly; Florida Swims; Ethical Ecotourism; and Down Syndrome Awareness, and amends
the existing Live the Dream specialty license plate.
According to the DHSMV, the bill may have a negative, but insignificant, fiscal impact
associated with programming costs. These costs can be absorbed within existing resources.
The bill has an effective date of upon becoming law.
REVISED: BILL: CS/SB 364 Page 2
II. Present Situation:
Specialty License Plates
Presently, there are 123 specialty license plates available for purchase in Florida and another 36
specialty license plates available for pre-sale.
1
Specialty license plates are available to an owner
or lessee of a motor vehicle who is willing to pay an annual use fee, ranging from $15 to $25,
paid in addition to required license taxes and service fees.
2
The annual use fees are distributed to
an organization or organizations in support of a particular cause or charity signified on the
plate’s design and designated in statute.
3
In order to establish a specialty license plate and after
the plate is approved by law, s. 320.08053, F.S., requires the following actions within certain
timelines:
Within 60 days, the organization must submit an art design for the plate, in a medium
prescribed by the DHSMV;
Within 120 days, the DHSMV must establish a method to issue pre-sale vouchers for the
specialty license plate; and
Within 24 months after the pre-sale vouchers are established, the organization must obtain a
minimum of 3,000 voucher sales, or in the case of an out-of-state college or university
license plate, 4,000 voucher sales, before manufacturing of the plate may begin.
If the minimum sales requirement has not been met by the end of the 24-month pre-sale period,
then the DHSMV will discontinue the plate and issuance of pre-sale vouchers. Upon
discontinuation, a purchaser of a presale voucher may use the annual use fee as a credit towards
any other specialty license plate or apply for a refund with the DHSMV.
4
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., provided that they have met the presale
requirement. If the next awaiting specialty license plate has not met the presale requirement, the
department will proceed in the order provided in s. 320.08058, F.S., to identify the next qualified
specialty license plate that has met the presale requirement.
5
If the Legislature has approved 150 or more specialty license plates, the DHSMV may not make
any new specialty license plates available for design or issuance until a sufficient number of
plates are discontinued so that the number of plates being issued does not exceed 150.
6
The annual use fees collected by an organization and any interest earned from the fees may be
expended only for use in this state unless the annual use fee is derived from the sale of specified
United States Armed Forces and veterans-related specialty plates.
7
Additionally, organizations
1
Department of Highway Safety and Motor Vehicles, 2022 Legislative Bill Analysis for SB 364, (November 5, 2021), p. 2
(on file in the Senate Committee on Transportation).
2
Section 320.08056(3)(d), F.S., provides that except if specifically provided in s. 320.08056(4), the annual use fee for a
specialty license plate is $25.
3
Section 320.08058, F.S.
4
Section 320.08053(2)(b), F.S.
5
Section 320.08053(3)(a), F.S.
6
Section 320.08053(3)(b), F.S.
7
Section 320.08056(10)(a), F.S. BILL: CS/SB 364 Page 3
must adhere to certain accountability requirements, including an annual audit or attestation
document affirming that funds received have been spent in accordance with applicable statutes.
8
DHSMV Costs Defrayed
The DHSMV is authorized to retain a sufficient portion of annual use fees collected from the sale
of specialty plates to defray its costs for inventory, distribution, and other direct costs associated
with the specialty license plate program. The remainder of the proceeds collected are distributed
as provided by law.
9
Discontinuance of Specialty Plates
The DHSMV must discontinue the issuance of an approved specialty license plate if the number
of valid registrations falls below 1,000 plates for at least 12 consecutive months. A warning letter
is mailed to the sponsoring organization following the first month in which the total number of
valid specialty license plate registrations is below 1,000 plates. Collegiate plates for Florida
universities are exempt from the minimum specialty license plate requirement.
10
In addition, the
DHSMV is authorized to discontinue any specialty license plate if the organization no longer
exists, stops providing services that are authorized to be funded from the annual use fee
proceeds, or pursuant to an organizational recipient’s request.
11
However, effective July 1, 2023, the requirement increases so that the DHSMV must discontinue
the issuance of an approved specialty license plate if the number of valid registrations falls below
3,000 or in the case of an out-of-state college or university license plate, 4,000, for at least 12
consecutive months. The DHSMV must mail a warning letter to the sponsoring organization
following the first month in which the total number of valid specialty plate registrations is below
3,000, or in the case of an out-of-state college or university license plate, 4,000. This does not
apply to in-state collegiate license plates established under s. 320.08058(3), F.S., license plates
of institutions in and entities of the State University System, specialty license plates that have
statutory eligibility limitations for purchase, specialty license plates for which annual use fees are
distributed by a foundation for student and teacher leadership programs and teacher recruitment
and retention, or Florida Professional Sports Team license plates established under s.
320.08058(9).
12
Out-of-state Specialty License Plates
Three out-of-state specialty license plates are available through the DHSMV presale process.
They are the University of Alabama, Auburn University, and the University of Georgia.
13
8
Section 320.08062, F.S.
9
Section 320.08056(7), F.S.
10
Section 320.08056(8)(a), F.S.
11
Section 320.08056(8)(b), F.S.
12
Chapter 2020-181, s. 7, Laws of Fla.
13
Supra FN 1, at p. 3. BILL: CS/SB 364 Page 4
Existing Specialty License Plate
Live the Dream Specialty License Plate
Section 320.08058(47), F.S., provides for the distribution and use of the annual use fees for the
Live the Dream plate. The annual use fees are to be used as follows:
Up to five percent to administer, promote, and market the license plate;
At least 60 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 30 percent must be distributed to Chapman Partnership, Inc., for programs that
provide relief from poverty, hunger, and homelessness; and
Up to five percent may be distributed by the department 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.
Community Organizations
Inter Miami CF
The Inter Miami CF Foundation Corporation
14
is an organization which uses “the game of soccer
as a catalyst for positive change in the South Florida community.” It focuses on education,
inclusion, and wellness for kids and young adults in underserved communities. The Inter Miami
CF Foundation Corporation uses the soccer club’s reach, expertise, and resources to strategically
plan and execute sports-based development and direct-service community programs, initiatives,
and events.
15
Gloria M. Silverio Foundation
The Gloria M. Silverio Foundation, Inc.,
16
is a nonprofit organization that is dedicated to saving
the lives of newborns from the dangers of abandonment and assisting pregnant girls and women
in crisis.
17
Papanicolaou Corps for Cancer Research
The Papanicolaou Corps for Cancer Research, Inc.,
18
is a nonprofit organization with
approximately 20,000 members, which may be one of South Florida’s largest grassroots
14
Department of State, Sunbiz.org, Detail by Entity Name, Inter Miami CF Foundation Corp., Document No.
P20000013003. Throughout this analysis, references to Department of State, Division of Corporations documents filed by
entities can be found by searching at http://search.sunbiz.org/Inquiry/CorporationSearch/ByName (last visited January 21,
2022) by entity name or by document number.
15
See Department of State, Sunbiz.org, Detail by Entity Name, Inter Miami CF Foundation Corporation, Articles of
Incorporation. The corporation is registered with the state as a for-profit corporation, but its articles state that it is a
nonprofit, charitable organization. The filing with the state may be incorrect.
16
Department of State, Sunbiz.org, Detail by Entity Name, Gloria M. Silverio Foundation, Incorporated, Document No.
N00000008496.
17
A Safe Haven for Newborns, Our Mission, https://asafehavenfornewborns.com/what-we-do/our-mission/ (last visited
January 21, 2022).
18
Department of State, Sunbiz.org, Detail by Entity Name, Papanicolaou Corps for Cancer Research, Inc., Document No.
N36411. BILL: CS/SB 364 Page 5
fundraising organization. Funds raised at their events benefit the Sylvester Comprehensive
Cancer Center at the University of Miami, Miller School of Medicine. There, physicians and
scientists work on groundbreaking research programs to eradicate all forms of cancer.
19
Florida’s Lifted Youth
The Florida’s Lifted Youth Inc.,
20
is a nonprofit organization which assists children of fallen
heroes and underprivileged youth to establish a career in aviation.
21
Swimming Pool Education and Safety Foundation
The Swimming Pool Education and Safety Foundation, Inc., also known as Florida Swims
Foundation,
22
is a nonprofit organization that funds swimming lessons and distributes safety
information throughout the state. The foundation awards scholarships to college students and
provides grants for swimming lessons. The foundation also collaborates with local organizations,
such as the YMCA and Boys & Girls Clubs, to bring water safety measures and swimming
lessons to families with young children.
23
Florida Society for Ethical Ecotourism
In 1998, the CREW Land and Water Trust and the Florida Department of Environmental
Protection Rookery Bay National Estuarine Research Reserve received a grant from the
Advisory Council of Environmental Education, within the Florida Game and Fresh Water Fish
Commission, to provide an educational workshop for ecotour providers of Southwest Florida. As
a result of the grant, a day-long Southwest Florida Eco/Heritage Tourism Workshop took place
in downtown Ft. Myers in which 85 people participated.
24
Following the workshop, a group of volunteers from Southwest Florida communities met and
formed the Society for Ethical Ecotourism in Southwest Florida. In 2011 they changed their
name to the Florida Society for Ethical Ecotourism, Inc.
25
The Florida Society for Ethical
Ecotourism, Inc., is registered as an active nonprofit corporation with the DOS.
26
Paddle Florida
Paddle Florida, Inc., is a nonprofit corporation
27
organized to support canoeing and kayaking in
Florida. The organization supports multi-day paddling/camping trips in each of Florida's five
19
The Pap Corps, https://www.thepapcorps.org/ (last visited January 21, 2022).
20
Department of State, Sunbiz.org, Detail by Entity Name, Florida’s Lifted Youth Inc., Document No. N21000003354.
21
See Department of State, Sunbiz.org, Detail by Entity Name, Florida’s Lifted Youth Inc., Articles of Incorporation (filed
March 17, 2021).
22
Department of State, Sunbiz.org, Detail by Entity Name, Swimming Pool Education And Safety Foundation Inc.,
Document No. N07000000242.
23
Florida Swimming Pool Association, SPESF,
https://floridapoolpro.portals7.gomembers.com/About/FloridaSwimsFoundation.aspx (last visited January 21, 2022).
24
Florida Society for Ethical Ecotourism, History of the “Florida Society for Ethical Ecotourism”,
https://www.floridasee.com/docs/Florida%20SEE%20History.pdf (last visited January 21, 2022).
25
Id.
26
Department of State, Sunbiz.org, Detail by Entity Name, Florida Society for Ethical Ecotourism, Inc.,
Document No. N01000000235.
27
Department of State, Sunbiz.org, Detail by Entity Name, Paddle Florida, Inc., Document No. N11000000503. BILL: CS/SB 364 Page 6
water management districts, showcasing the state’s natural beauty and rich cultural heritage
while promoting water conservation, wildlife preservation, springs restoration, and waterways
protection. Paddle Florida seeks to promote Florida as an international destination for nature-
based tourism.
28
Our City Beautiful
Our City Beautiful, Inc., is a nonprofit organization
29
organized to bridge the gap in affordable
housing for individuals with Intellectual and Physical disabilities through communities of tiny
homes.
30
III. Effect of Proposed Changes:
CS/SB 364 amends s. 320.08053(2)(b), F.S., to reduce the minimum voucher sale requirement
for all specialty license plates to 2,500, before manufacture of the license plate may commence.
In addition, the bill directs the DHSMV to extend the presale period by an additional 24 months,
from 24 months to 48 months, for an approved specialty license plate organization that, as of the
date the bill becomes law, is in the presale period but has not recorded at least 2,500 voucher
sales.
The bill amends s. 320.08056(12), F.S., to provide that independent colleges or universities
opting to use the standard template specialty license plate will have their plate sales combined
with previous individual independent college or university license plate sales for purposes of
meeting the minimum license plate sales threshold of 1,000 sales for at least 12 consecutive
months and license plate limits in statute.
Existing Specialty License Plate
Live the Dream Specialty License Plate
The bill amends s. 320.08058(47), F.S., to revise the distribution and use of the annual use fees.
The annual use fees are to be used as follows:
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 ten percent must be used for programs and services provided directly by the Dream
Foundation, Inc., which assist inmates released from the custody of a county jail in this state
or a Department of Corrections facility in successfully reentering the community;
At least 15 percent must be distributed as grants for programs and services throughout this
state which assist inmates released from the custody of a county jail in this state or a
Department of Corrections facility in successfully reentering the community; and
At least 25 percent must be distributed as scholarships to graduating high school seniors in
this state who have at least one parent or legal guardian who is incarcerated, for the purpose
of attending a state university, a Florida College System institution, a career center operated
by a school district, or a charter technical career center. Scholarships must be awarded
28
Paddle Florida, http://www.paddleflorida.org/ (last visited January 21, 2022).
29
Department of State, Sunbiz.org, Detail by Entity Name, Our City Beautiful, Inc., Document No. N19000002890.
30
Our City Beautiful, What We Are About, https://our-city-beautiful.com/who-we-are/ (last visited January 26, 2022). BILL: CS/SB 364 Page 7
through a competitive application process and fiscal oversight of the scholarship program
must be performed by a certified public accounting firm.
New Specialty License Plates
Blue Angels Motorcycle License Plate
The bill amends s. 320.08058(79), F.S., to create a motorcycle license plate option for the Blue
Angels license plate. Any department-approved image must be placed on the far left side of a
plate for display on a motorcycle, and the number of valid plates issued for display on a motor
vehicle or on a motorcycle must be added together to determine whether the plate must be
discontinued.
Inter Miami CF License Plate
The bill creates the Florida Inter Miami CF license plate. The license plate must bear the
DHSMV-approved colors and design. The word “Florida” appears at the top of the plate and
“Inter Miami CF” appears at the bottom of the plate.
The annual use fees are distributed to the Inter Miami CF Foundation Corporation, to be used as
follows:
Up to ten percent to promote and market the plate; and
The remainder to plan and execute sports-based development and direct-service community
programs, initiatives, and events.
Currently, it appears that Florida Inter Miami CF is registered with the state as a for-profit
corporation, but its articles state that it is a nonprofit, charitable organization. The filing with the
state may be incorrect.
Safe Haven for Newborns License Plate
The bill creates the Safe Haven for Newborns License Plate. The license plate must bear the
DHSMV-approved colors and design. The word “Florida” appears at the top of the plate and “A
Safe Haven for Newborns” appears at the bottom of the plate.
The annual use fees are distributed to the Gloria M. Silverio Foundation, Incorporated, to be used
as follows:
Up to ten percent for marketing and administration of the plate; and
The remainder to be used by the foundation to prevent infant abandonment through
awareness, education, and direct assistance.
Pap Corps Champions for Cancer Research License Plate
The bill creates the Pap Corps Champions for Cancer Research license plate. The license plate
must bear the DHSMV-approved colors and design. The word “Florida” appears at the top of the
plate and “To Imagine and Help Create a World Without Cancer” appears at the bottom of the
plate.
BILL: CS/SB 364 Page 8
The annual use fees are distributed to the Papanicolaou Corps for Cancer Research, Inc., to be
used as follows:
Up to ten percent for promotion and marketing of the plate, and reimbursing the Pap Corps
for administrative costs, startup costs, and costs incurred in the development and approval
process of the plate; and
The remaining funds must be distributed with the approval of and accountability to the board
of directors of the Pap Corps and must be used to promote and support awareness of critical
lifesaving cancer research by the Sylvester Comprehensive Cancer Center through education,
outreach, and clinical research.
Learn to Fly License Plate
The bill creates the Learn to Fly license plate. The license plate must bear the DHSMV-approved
colors and design. The word “Florida” appears at the top of the plate and “Learn to Fly” appears
at the bottom of the plate.
The annual use fees are distributed to the Florida’s Lifted Youth Inc., to be used as follows:
Up to ten percent to promote and market the plate; and
The remainder to be used by Florida’s Lifted Youth Inc., to assist underprivileged youth and
the children of fallen heroes to establish careers in aviation.
Florida Swims License Plate
The bill creates the Florida Swims license plate. The plate must bear the DHSMV-approved
colors and design. The word “Florida” appears at the top of the plate and “Swim for Life”
appears at the bottom of the plate.
The annual use fees are distributed to the Swimming Pool Education and Safety Foundation,
Inc., doing business as Florida Swims, to be used as follows:
Up to ten percent for administration, promotion, and marketing of the plate; and
The remainder to be used by the Swimming Pool Education and Safety Foundation, Inc., to
promote swimming pool and water safety and to provide grants and scholarships for
childhood swimming lessons in this state.
Ethical Ecotourism License Plate
The bill creates the Florida Ethical Ecotourism license plate. The license plate must bear the
DHSMV-approved colors and design. The word “Florida” appears at the top of the plate, and the
words “Ethical Ecotourism” must appear at the bottom of the plate.
The annual use fees are distributed equally between the Florida Society for Ethical Ecotourism,
Inc., and Paddle Florida, Inc., to be used as follows:
Up to ten percent for administrative costs and to market the plate; and
The remainder:
o By Florida Society for Ethical Ecotourism, Inc., to provide environmental education and
awareness that encourage behaviors that contribute to the sustainability of Florida’s
natural ecosystems and resources; and BILL: CS/SB 364 Page 9
o By Paddle Florida, Inc., to raise awareness about water conservation, wildlife
preservation, restoration of springs, and protection of waterways in this state.
Down Syndrome Awareness License Plate
The bill creates the Down Syndrome Awareness license plate. The license plate must bear the
DHSMV-approved colors and design. The word “Florida” appears at the top of the plate, and the
words “Down Syndrome Awareness” must appear at the bottom of the plate.
The annual use fees are distributed Our City Beautiful, Inc., to be used as follows:
Up to ten percent for administrative costs and marketing of the plate;
50 percent to build and maintain HOLLAND, an affordable housing project for independent
living for persons with Down syndrome or other intellectual disability;
15 percent for 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; and
35 percent for grants to other nonprofit organizations within this state to support housing,
educational scholarships, and employment assistance programs for persons with Down
syndrome or other intellectual disability.
The bill directs the Division of Law Revision to replace the phrase “the effective date of this act”
wherever it occurs in the bill with the date the bill becomes a law.
The bill has an effective date of upon becoming law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified. BILL: CS/SB 364 Page 10
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None. Section 320.08056(3)(d), F.S., currently provides that the annual use fee for a
specialty license plate is $25, except as otherwise provided.
B. Private Sector Impact:
Reduction of the minimum voucher sale requirement for all specialty license plates to
2,500, before manufacture of the license plate may commence, and the extension of the
presale period by an additional 24 months, will allow more specialty license plates to
meet the requirements for production and avoid deauthorization as required under s.
320.08053(2)(b), F.S.
Once a specialty license plate goes into production, organizations authorized for a
distribution from the proceeds of the sale of the license plate will benefit.
Independent colleges and universities opting to use the standard template specialty
license plate design will have their plate sales combined with previous individual
independent college or university license plate sales for purposes of meeting the
minimum license plate sales threshold of 1,000 sales for at least 12 consecutive months
and license plate limits in statute and for meeting the 150 license plates in circulation.
This may keep the independent colleges and universities specialty license plate from
being discontinued as required under s. 320.08056(8)(a), F.S.
C. Government Sector Impact:
The DHSMV advised an update to internal procedures and instructions to organizations
regarding specialty license plate requirements will be needed; however, there will be no
programming costs incurred by the DHSMV.
31
Programming will be required initially to allow the DHSMV to accept vouchers, but the
DHSMV may not finalize a design or issue the new license plate if the 150 cap is reached
prior to the license plate selling 2,500 vouchers. The amount of programming is
determined by the number of plates and the number of distributions per plate.
The DHSMV is authorized to retain revenues from the first proceeds of specialty license
plate sales to defray departmental expenditures related to the specialty license plate
program.
32
VI. Technical Deficiencies:
None.
31
Supra FN 1, at p. 4.
32
Section 320.08056(7), F.S. BILL: CS/SB 364 Page 11
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 320.08053,
320.08056 and 320.08058
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Transportation on January 25, 2022:
Creates seven new specialty license plates;
Creates one new motorcycle specialty license plate;
Amends one existing specialty license plate;
Amends the voucher sale requirement for all specialty license plates; and
Amends how license plate sales numbers are calculated for independent colleges or
universities opting to use the standard template specialty license plate for purposes of
meeting the minimum license plate sales threshold of 1,000 sales for at least 12
consecutive months and license plate limits in statute.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.