Florida 2023 2023 Regular Session

Florida Senate Bill S1074 Analysis / Analysis

Filed 03/24/2023

                    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: SB 1074 
INTRODUCER:  Senator Thompson 
SUBJECT:  Divine Nine Specialty License Plate 
DATE: March 24, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Jones Vickers TR Pre-meeting 
2.     ATD   
3.     FP  
 
I. Summary: 
SB 1074 expands eligibility for the Divine Nine specialty license plates from solely a member of 
the organization and motor vehicle owners, to also provide eligibility to a member’s immediate 
relative and motor vehicle lessees. The bill defines “immediate relative” as a spouse, domestic 
partner, or child of a member. 
 
The bill may have an indeterminate, but likely insignificant, negative fiscal impact on the 
DHSMV to implement changes made by the bill. 
 
The bill takes effect July 1, 2023. 
II. Present Situation: 
In 2020, the Legislature authorized the creation of the Divine Nine specialty license plates.
1
 The 
annual use fee for such plates is $25. The Divine Nine specialty license plates consist of plates 
authorized for the nine member organizations of the National Pan-Hellenic Council
2
: 
 Alpha Phi Alpha Fraternity; 
 Alpha Kappa Alpha Sorority; 
 Kappa Alpha Psi Fraternity; 
 Omega Psi Phi Fraternity; 
 Delta Sigma Theta Sorority; 
 Phi Beta Sigma Fraternity; 
 Zeta Phi Beta Sorority; 
                                                
1
 Chapter 2020-181, Laws of Fla., creating s. 320.08058(101), F.S. 
2
 The National Pan-Hellenic Council’s purpose is to foster cooperative actions of its members in dealing with matters of 
mutual concern and to promote the well-being of its fraternities and sororities. National Pan-Hellenic Council, About the 
NPHC, https://www.nphchq.com/about (last visited March 23, 2023). 
REVISED:   BILL: SB 1074   	Page 2 
 
 Sigma Gamma Rho Sorority; and 
 Iota Phi Theta Fraternity. 
 
Each organization’s plate has a unique logo, graphic, or colors, as well as distribution specific to 
the individual organization.
3
 However, plate sales are combined as one Divine Nine specialty 
license plate for the purpose of meeting the minimum license plate sales threshold
4
 and for 
determining the license plate limit
5
.
6
 
 
To be eligible for issuance of a Divine Nine specialty license plate, a person must be a Florida 
resident, the registered owner of a motor vehicle, and a member of the applicable organization. 
The person must present proof of membership by providing either a membership card distributed 
by the organization or a written letter on the organization’s letterhead, signed by the 
organization’s national president or his or her designee, which states the person was inducted 
into the organization.
7
 Proof of membership is only required for the initial issuance of the license 
plate.
8
 
 
As of February 1, 2023, there are 3,751 active registrations for the Divine Nine specialty license 
plates.
9
 
III. Effect of Proposed Changes: 
The bill amends s. 320.08058, F.S., to expand eligibility for issuance of the Divine Nine 
specialty license plates. The bill provides eligibility to an organization member’s immediate 
relative and to motor vehicle lessees. The bill defines “immediate relative” as a spouse, domestic 
partner, or child of a member. 
 
For issuance of the plate, the bill requires: 
 A member of the organization who is a lessee of a motor vehicle to present, in addition to 
proof of membership, a lease agreement and the vehicle identification number (VIN) for the 
motor vehicle being leased. 
 An immediate relative of a member of the organization to present a marriage license, 
domestic partnership agreement, birth certificate, or record of adoption, and proof of the 
immediate relative’s membership. 
 
The bill takes effect July 1, 2023. 
                                                
3
 Section 320.08058(101)(a) and (b), F.S. 
4
 Effective July 1, 2023, DHSMV must discontinue any specialty license plate if the number of valid registrations falls below 
3,000 for at least 12 consecutive months. Chapter 2020-181, s. 7, Laws of Fla. 
5
 If the Legislature has approved 135 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 135. Section 320.08053(3)(b), F.S. 
6
 Section 320.08058(101), F.S. 
7
 Section 320.08058(101)(c)1., F.S. 
8
 Section 320.08058(101)(c)2., F.S. 
9
 Email from Patrice DeVore, Senior Legislative Liaison, DHSMV, RE: SB 1074 (March 22, 2023).  BILL: SB 1074   	Page 3 
 
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. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
The bill may result in increased registrations for Divine Nine specialty license plates, 
which will have a positive fiscal impact on the recipient organizations. 
C. Government Sector Impact: 
The bill may have an indeterminate, but likely insignificant, negative fiscal impact on the 
DHSMV to implement changes made by the bill. 
VI. Technical Deficiencies: 
The bill’s language regarding required proof that the immediate relative is a member of such 
organization may cause confusion and likely can be simplified to achieve the same intent. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends section 320.08058 of the Florida Statutes.  BILL: SB 1074   	Page 4 
 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.