Florida 2024 2024 Regular Session

Florida Senate Bill S0982 Analysis / Analysis

Filed 02/19/2024

                    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 982 
INTRODUCER:  Senator Thompson 
SUBJECT:  Specialty License Plates/Project Addiction: Reversing the Stigma 
DATE: February 19, 2024 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Shutes Vickers TR Favorable 
2. Wells Jerrett ATD  Pre-meeting 
3.     FP  
 
I. Summary: 
SB 982 authorizes the Department of Highway Safety and Motor Vehicles (DHSMV) to create a 
new specialty license plate for Project Addiction: Reversing the Stigma. The annual use fee for 
the plate is $25. 
 
Proceeds of the sale of the Project Addiction: Reversing the Stigma specialty license plate will 
be distributed to the not-for-profit organization Project Addiction: Reversing the Stigma, Inc., to 
be used to promote and support awareness of and education about substance use disorder and 
mental illness. 
 
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: 
Project Addiction: Reversing the Stigma 
Project Addiction: Reversing the Stigma, Inc., was founded in 2021 and is a Florida not-for-
profit corporation registered with the Florida Department of State.
1
 The organization’s mission 
statement is: “Empowering the lives of those with Substance Use Disorder (SUD) and Mental 
Illness through Education, Awareness, and Support.”
2
 
 
                                                
1
 Florida Department of State: Division of Corporations, Project Addiction: Reversing the Stigma, Inc., Sunbiz.org, 
Document number N2100011775 (December 20, 2023). 
2
 Id. 
REVISED:   BILL: SB 982   	Page 2 
 
The organization was founded to spread awareness of the opioid epidemic and find proactive 
ways to honor family members lost to Substance Use Disorder and mental illness.
3
  
 
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.
4
 
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.
5
 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.
6
  
 
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.
7
 
 
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.
8
 
 
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.
9
 
 
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.
10
 
                                                
3
 Project Addiction: Reversing the Stigma, About Mission Statement, About | Reversing The Stigma (last visited December 
20, 2023). 
4
 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). 
5
 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. 
6
 Section 320.08058, F.S. 
7
 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.  
8
 Section 320.08053(2)(b), F.S. 
9
 Section 320.08053(3)(a), F.S. 
10
 Section 320.08053(3)(b), F.S.  BILL: SB 982   	Page 3 
 
 
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.
11
 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.
12
 
 
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.
13
 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.
14
 
 
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.
15
 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.
16
 
 
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.
17
 
                                                
11
 Section 320.08056(10)(a), F.S. 
12
 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. 
13
 Section 320.08056(10)(a), F.S. 
14
 Section 320.08056(11), F.S. 
15
 Section 320.08056(8)(a), F.S. 
16
 Section 320.08056(8)(b), F.S. 
17
 Chapter 2020-181, s. 7, Laws of Fla.  BILL: SB 982   	Page 4 
 
III. Effect of Proposed Changes: 
The bill amends s. 320.08058, F.S., to authorize the DHSMV to create a new specialty license 
plate for Project Addiction: Reversing the Stigma. 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 “Project Addiction: Reversing the Stigma” at the bottom of the 
plate.  
 
Proceeds from the sale of the plate will be distributed to Project Addiction: Reversing the 
Stigma, Inc. The organization may use up to 10 percent of proceeds to promote and market the 
plate. The remaining funds shall be used to fund the Project Addiction: Reversing the Stigma 
organization to promote and support awareness of and education about substance use disorder 
and mental illness. 
 
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. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None.  BILL: SB 982   	Page 5 
 
A. Private Sector Impact: 
If the specialty license plate is produced, the Project Addition: Reversing the Stigma, 
Inc., will receive annual use fees associated with sales of the plate. 
B. Government Sector Impact: 
According to previous specialty license plates fiscal impacts, DHSMV estimates 
programming and implementation of the plate will cost $7,680.
 
 
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.