Florida 2024 2024 Regular Session

Florida Senate Bill S0512 Analysis / Analysis

Filed 02/07/2024

                    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 Appropriations Committee on Transportation, Tourism, and Economic 
Development  
BILL: SB 512 
INTRODUCER:  Senator Bradley 
SUBJECT:  Specialty License Plates/United Service Organizations 
DATE: February 7, 2024 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Shutes Vickers TR Favorable 
2. Wells Jerrett ATD  Pre-meeting 
3.     FP  
 
I. Summary: 
SB 512 authorizes the Department of Highway Safety and Motor Vehicles (DHSMV) to create a 
new specialty license plate for the United Service Organizations. The annual use fee for the plate 
is $25. 
 
Proceeds of the sale of the United Service Organizations (USO) specialty license plate will be 
distributed to USO Florida, Inc. The organization may use up to ten percent of proceeds to 
promote and market the plate. The remaining funds must distributed equally among its ten 
locations in Florida to be used to promote the USO’s mission of supporting members of the 
United States Armed Forces and their families through is programs, services, and events. 
 
The DHSMV estimates programming and implementation of the plate will cost $7,680. See 
Section V., Fiscal Impact Statement. 
 
The bill takes effect October 1, 2024. 
II. Present Situation: 
United Services Organizations 
 
USO Florida, Inc. is a Florida not-for-profit corporation registered with the Florida Department 
of State.
1
 The organization’s website includes the following mission statement: “The USO 
strengthens America’s military service members by keeping them connected to family, home and 
country, throughout their service to the nation.”
2
 
 
                                                
1
 Florida Department of State: Division of Corporations, United Service Organizations, Inc. Sunbiz.org, Document number 
F02000006193 (December 8, 2023). 
2
 Id. 
REVISED:   BILL: SB 512   	Page 2 
 
USO was created in 1941 and has been the nation’s leading organization to serve the members of 
military and their families, throughout their time in uniform.
3
 Today the USO operates in over 
250 locations around the world providing programs and services to deployed military service 
members and their families. These programs and services include:
4
 
 Providing centers with free internet access or free calling cards to deployed service members 
in combat zones so they can reach out to their families; 
 Delivering care packages to deployed service members; 
 Organizing trademark USO entertainment tours for service members; 
 Providing support to injured service members; and 
 Providing support to the families of fallen service members. 
 
Specialty License Plates 
 
As of December 2023, there are 144 specialty license plates authorized by the Legislature. Of 
these plates, 109 are available for immediate purchase and 31 are in the presale process.
5
 
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.
6
 The annual use fees are distributed to organizations in support of a particular cause 
or charity signified on the plate’s design and designated in statute.
7
  
 
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 presale vouchers for the 
specialty license plate; and 
 Within 24 months after the presale vouchers are established, the organization must obtain a 
minimum of 3,000 voucher sales before manufacturing of the plate may begin.
8
 
 
If the minimum sales requirement has not been met by the end of the 24-month presale period, 
then the DHSMV will discontinue the plate and issuance of presale 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.
9
 
 
                                                
3
 United Service Organizations, About Us, The Organization · United Service Organizations (uso.org) (last visited December 
8, 2023). 
4
 See USO, Frequently Asked Questions - What programs and services does the USO offer?, https://www.uso.org/faq (last 
visited January 11, 2024). 
5
 DHSMV Presentation to the Senate Transportation Committee, Specialty License Plates (January 24, 2023), slideshow 
available at https://www.flsenate.gov/Committees/Show/TR/MeetingPacket/5615/10046_MeetingPacket_5615_3.pdf (last 
visited October 10, 2023). 
6
 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. 
7
 Section 320.08058, F.S. 
8
 Chapter 2022-189, Laws of Fla., extended the presale requirement by an additional 24 months for an approved specialty 
license plate organization that, as of June 15, 2022, is in the presale period but had not recorded at least 3,000 voucher sales.  
9
 Section 320.08053(2)(b), F.S.  BILL: SB 512   	Page 3 
 
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 presale requirements have 
been met. If the next listed specialty license plate has not met the presale requirement, the 
DHSMV 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.
10
 
 
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.
11
 
 
Use of Specialty License Plate Fees 
 
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.
12
 Additionally, organizations 
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.
13
 
 
The annual use fees collected by an organization and the interest earned from those fees may not 
be used for commercial or for-profit activities, or general or administrative expenses, unless 
authorized by s. 320.08058, F.S.
14
 Additionally, the annual use fees and interest earned from 
those fees may not be used for the purpose of marketing to, or lobbying, entertaining, or 
rewarding, any employee of a governmental agency that is responsible for the sale and 
distribution of specialty license plates, or any elected member or employee of the Legislature.
15
 
 
Discontinuance of Specialty Plates 
 
Prior to June 30, 2023, the DHSMV was required to discontinue the issuance of an approved 
specialty license plate if the number of valid registrations fells below 1,000 plates for at least 
12 consecutive months. A warning letter was mailed to the sponsoring organization following the 
first month in which the total number of valid specialty license plate registrations fell below 
1,000 plates. Collegiate plates for Florida universities were exempt from the minimum specialty 
license plate requirement.
16
 In addition, the DHSMV was authorized to discontinue any specialty 
license plate if the organization ceased to exist, stopped providing services that are funded from 
the annual use fee proceeds, or pursuant to an organizational recipient’s request.
17
 
 
However, effective July 1, 2023, the requirement increased so that the DHSMV must discontinue 
the issuance of an approved specialty license plate if the number of valid registrations falls below 
                                                
10
 Section 320.08053(3)(a), F.S. 
11
 Section 320.08053(3)(b), F.S. 
12
 Section 320.08056(10)(a), F.S. 
13
 Section 320.08062, F.S.; Such fees may be used to pay for the cost of this required audit or report. See s. 320.08056(10)(a), 
F.S. 
14
 Section 320.08056(10)(a), F.S. 
15
 Section 320.08056(11), F.S. 
16
 Section 320.08056(8)(a), F.S. 
17
 Section 320.08056(8)(b), F.S.  BILL: SB 512   	Page 4 
 
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), F.S.
18
 
III. Effect of Proposed Changes: 
The bill amends s. 320.08058, F.S., to authorize DHSMV to create a new specialty license plate 
for the USO. The annual use fee for the plate is $25. The plate must bear the colors and design 
approved by the department, with the word “Florida” at the top of the plate and the words “USO” 
at the bottom of the plate.  
 
Proceeds from the sale of the plate will be distributed to USO Florida, Inc. The organization may 
use up to 10 percent of the fees for the administration, promotion, and marketing of the plate.  
The remaining fees must be used by the USO Florida, Inc., to support members of the United 
States Armed forces and their families through their various programs, services, and events. 
 
The plate will be added to the DHSMV presale voucher process, but will not be produced unless  
the presale requirement of 3,000 vouchers is met and the 135 plate cap has not been reached. 
 
The bill takes effect October 1, 2024. 
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. 
                                                
18
 Chapter 2020-181, s. 7, Laws of Fla.  BILL: SB 512   	Page 5 
 
E. Other Constitutional Issues: 
None Identified. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
If the specialty license plate is produced, the United Service Organizations will receive 
annual use fees associated with sales of the plate. 
C. Government Sector Impact: 
The DHSMV estimates programming and implementation of the plate will cost $7,680.
19
 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends section 320.08058 of the Florida Statutes. 
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. 
                                                
19
 DHSMV, 2024 Legislative Bill Analysis: SB 512 (December 13, 2023) at p. 5.