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: CS/SB 858
INTRODUCER: Transportation Committee and Senator Jones
SUBJECT: Specialty License Plates/Recycle Florida and Boating Capital of the World
DATE: February 12, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Shutes Vickers TR Fav/CS
2. Wells Jerrett ATD Pre-meeting
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 858 authorizes the Department of Highway Safety and Motor Vehicles (DHSMV) to
create two new specialty license plates: Recycle Florida and Boating Capital of the World. The
annual use fee for each plate is $25.
Annual use fees from the sale of the Recycle Florida license plate will be distributed to the
Recycle Florida Today Foundation, Inc., to be used to increase public awareness about the
importance of recycling, resource conservation, and environmental stewardship; to promote
robust, comprehensive, and sustainable recycling programs; and to support the professional
development of persons employed in the relevant fields.
Annual use fees from the sale of the Boating Capital of the World license plate will be
distributed to Captain Sandy Yawn, Inc., to increase public awareness of employment
opportunities in the maritime industry; to fund maritime workforce instruction and training; to
promote professional development and job placement in all sectors; and to support advancement
of education for trainees in the maritime industry.
The DHSMV estimates programming and implementation of each plate will cost $7,680. See
Section V., Fiscal Impact Statement.
The bill takes effect October 1, 2024.
REVISED: BILL: CS/SB 858 Page 2
II. Present Situation:
Recycle Florida Today Foundation, Inc.
Recycle Florida Today Foundation, Inc., was founded in 2022 and is a Florida not-for-profit
corporation registered with the Florida Department of State.
1
The organization’s mission is
“provide value to our membership by promoting resource conservation and environmental
stewardship”
2
.
The organization’s vision is to inform the public, law-making bodies, and the business
community of the economic significance and importance of waste prevention and source
reduction and to demonstrate the high professional standards of those involved in the business of
recycling. The organization believes that this is accomplished through sponsorship of education
meetings, research, and publication of articles, reports, statistics, and other material.
3
Captain Sandy Yawn, Inc.
Captain Sandy Yawn, Inc., was founded by Captain Sandy Yawn in 2019 and is a Florida not-
for-profit corporation registered with the Florida Department of State.
4
Captain Sandy Yawn,
Inc., supports Captain Sandy’s Charities, which “promote awareness, funding, and structure of
four foundational pillars based on Captain Sandy’s direct experience, her desire to give back, and
in recognition of those critical people, places, and institutions that helped her along the way.”
5
The organization focuses on maritime employment opportunities, environmental education,
behavioral health assistance, and developmental disability services.
6
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.
7
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
1
Florida Department of State: Division of Corporations, Recycle Florida Today Foundation, Inc., Sunbiz.org, Document
number N22000012565 (December 20, 2023).
2
Id.
3
Recycle Florida Today Foundation, Inc., Home, Recycle Florida Today, Inc. – Recycle Today for a Sustainable Tomorrow
(last visited December 20, 2023).
4
Florida Department of State: Division of Corporations, Captain Sandy Yawn, Inc., Sunbiz.org, Document number
N19000006425 (December 20, 2023).
5
Id.
6
Captain Sandy Yawn, Charities, Donate to Captain Sandy’s Charities – Captain Sandy Yawn (last visited December 20,
2023).
7
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). BILL: CS/SB 858 Page 3
service fees.
8
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.
9
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.
10
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.
11
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.
12
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.
13
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.
14
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.
15
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
8
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.
9
Section 320.08058, F.S.
10
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.
11
Section 320.08053(2)(b), F.S.
12
Section 320.08053(3)(a), F.S.
13
Section 320.08053(3)(b), F.S.
14
Section 320.08056(10)(a), F.S.
15
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. BILL: CS/SB 858 Page 4
authorized by s. 320.08058, F.S.
16
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.
17
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.
18
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.
19
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
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.
20
III. Effect of Proposed Changes:
The bill amends s. 320.08058, F.S., to authorize DHSMV to create two new specialty license
plates: Recycle Florida and Boating Capital of the World. The annual use fee for each plate is
$25. The two plates must bear the colors and designs approved by the department, with the word
“Florida” at the top of the plate and the words “Recycle Florida” and “Boating Capital of the
World” at the bottom of the respective plates.
Proceeds from the sale of each plate will be distributed to Recycle Florida Today Foundation,
Inc., and Captain Sandy Yawn, Inc. The organizations may use up to 10 percent of the proceeds
16
Section 320.08056(10)(a), F.S.
17
Section 320.08056(11), F.S.
18
Section 320.08056(8)(a), F.S.
19
Section 320.08056(8)(b), F.S.
20
Chapter 2020-181, s. 7, Laws of Fla. BILL: CS/SB 858 Page 5
to promote and market each plate. Thereafter, annual use fees from the sale of the plates will be
distributed as follows:
Recycle Florida License Plate - Annual use fees shall be used to distributed to the Recycle
Florida Today Foundation, Inc., to increase public awareness about the importance of
recycling, resource conservation, and environmental stewardship; to promote robust,
comprehensive, and sustainable recycling programs; and to support the professional
development of persons employed in the fields including, but not limited to, recycling,
conservation, and sustainability.
Boating Capital of the World License Plate - Annual use fees shall be distributed to Captain
Sandy Yawn, Inc., to be used to increase public awareness of employment opportunities in
the maritime industry; to fund maritime workforce instruction and training; to promote
professional development and job placement in all sectors of employment; and to support
advancement of education for trainees in the maritime industry, both at sea and on land.
The plates 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.
E. Other Constitutional Issues:
None Identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None. BILL: CS/SB 858 Page 6
B. Private Sector Impact:
If the specialty license plates are produced, the Recycle Florida Today Foundation, Inc.,
and Captain Sandy Yawn, Inc., will receive the annual use fees associated with sales of
the plates.
C. Government Sector Impact:
The DHSMV estimates programming and implementation of each plate will cost
$7,680.
21
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.)
CS by Transportation on January 23, 2024:
The committee substitute removes obsolete language and limits the permissible amount
for administrative costs and marketing to 10 percent of annual use fees from the sale of
each plate. Additionally, the committee substitutes clarifies names of corporations who
will receive the annual use fees associated with the plates.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
21
DHSMV, 2024 Legislative Bill Analysis: SB 858 (December 12,, 2023) at p. 6.