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 824 INTRODUCER: Senator Pizzo SUBJECT: Specialty License Plates/Supporting FHP Troopers DATE: March 18, 2025 ANALYST STAFF DIRECTOR REFERENCE ACTION 1. Shutes Vickers TR Pre-meeting 2. ATD 3. FP I. Summary: SB 824 authorizes the Department of Highway Safety and Motor Vehicles (DHSMV) to create a new specialty license plate for the Supporting FHP Troopers. The annual use fee for the plate is $25. Proceeds of the sale of the Supporting FHP Troopers specialty license plate will be distributed to the Florida Highway Patrol Advisory Council, Inc., to fund scholarships for current members of the Florida Highway Patrol and their family members who are attending a vocational school, technical school, college or university. The DHSMV has not submitted a bill analysis for SB 824, but according to submitted analyses for the 2024-2025 Legislative Session, the fiscal impact associated with the implementation of new specialty license plates is $8,280. The bill takes effect October 1, 2025. II. Present Situation: Florida Highway Patrol Advisory Council, Inc. The Florida Highway Patrol Advisory Council, Inc., is a Florida not-for-profit corporation registered with the Florida Department of State. 1 The organization’s website includes the following statement: “We Serve the Men & Women Who Are Dedicated to Keeping Our Streets Safe.” 2 1 Florida Department of State: Division of Corporations, Florida Highway Patrol Advisory Council, Inc. Sunbiz.org, Document number N99000003623 (March 13, 2025). 2 Florida Highway Patrol Advisory Council, Inc., About the FHP Advisory Council, (last visited March 13, 2025). REVISED: BILL: SB 824 Page 2 The Florida Highway Patrol Advisory Council is comprised of business, professional, and community leaders throughout the state. Members of the Advisory Council provide assistance to the Director of the Florida Highway Patrol by offering input regarding the performance of the Patrol and the quality of service provided to the public. On an ongoing basis the fund provides financial and other support to the families of troopers and auxiliary troopers who lose their life or sustain life-threatening injuries in the line of duty. One hundred percent of the funding for the Advisory Council is through charitable contributions. 3 Specialty License Plates According to DHSMV, as of February 2025, there are 133 specialty license plates authorized by the Legislature. Of these plates, 113 are available for immediate purchase and 20 are in the presale process. 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. 4 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. 5 In order to establish a specialty license plate (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. 6 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. 7 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 3 Id at 1. 4 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. 5 Section 320.08058, F.S. 6 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. 7 Section 320.08058(3), F.S., provides that any collegiate plate established after October 1, 2002, must comply with the requirements of s. 320.08053, F.S., other than the presale voucher requirements in s. 320.08053(2)(b), F.S., and be specifically authorized by the Legislature. 8 Section 320.08053(2)(b), F.S. 9 Section 320.08053(3)(a), F.S. BILL: SB 824 Page 3 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 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 10 Section 320.08053(3)(b), F.S. 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. BILL: SB 824 Page 4 and retention, or Florida professional sports team license plates established under s. 320.08058(9), F.S. 17 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 the Supporting FHP Troopers. The annual use fee for the plate is $25. The plate must bear the colors and design approved by the DHSMV, with the word “Florida” at the top of the plate and the words “Supporting FHP Troopers” at the bottom of the plate. Proceeds of the sale of the Supporting FHP Troopers specialty license plate will be distributed to the Florida Highway Patrol Advisory Council, Inc. The organization may use up to 10 percent of the proceeds for marketing and promotion of the plate. Thereafter, the annual use fees from the sale of the plate will be distributed to fund scholarships, based on the councils’ established criteria, for current members of the Florida Highway Patrol and their family members who are attending a vocational school, technical school, college or university. For the purposes of this plate, the term “family member” means a spouse, child, stepchild, or legally adopted child of the Florida Highway Patrol Member or a child raised in the home and claimed by the Florida Highway Patrol Member as a dependent under the federal income tax code before the child’s 18 th birthday. The Supporting FHP Troopers plate is exempt from the 3,000 minimum pre-sale voucher requirement, as well as the 3,000 annual registration requirement. The bill takes effect October 1, 2025. 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. 17 Chapter 2020-181, s. 7, Laws of Fla. BILL: SB 824 Page 5 E. Other Constitutional Issues: None. V. Fiscal Impact Statement: A. Tax/Fee Issues: None. B. Private Sector Impact: If the specialty license plate is produced, the Florida Highway Patrol Advisory Council, Inc., will receive annual use fees associated with sales of the plate. C. Government Sector Impact: The DHSMV has not submitted a bill analysis for SB 824, but according to submitted analyses for the 2024-2025 Legislative Session, the fiscal impact associated with the implementation of new specialty license plates is $8,280. VI. Technical Deficiencies: None. VII. Related Issues: None. VIII. Statutes Affected: This bill substantially amends the following sections of the Florida Statutes: 320.08058, 320.08053, and 320.08056. 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.