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Transportation & Infrastructure Subcommittee: Committee Meeting Notice, January 21, 2020

Summary

Meeting packet of the Transportation & Infrastructure Subcommittee of the Florida House of Representatives for its meeting on January 21, 2020, at Reed Hall (102 HOB). The notice lists HB 569 (Diesel Exhaust Fluid), HB 571 (Vehicle and Vessel Registration Data and Functionality), HB 1135 (License Plates) and PCS for HB 387 (License Plate Fees). The staff analysis of HB 569 states that the bill requires the presence, storage or use of diesel exhaust fluid on public airport premises to be phased out by October 1, 2030. It states that the bill may have an indeterminate negative fiscal impact on the state and local governments and has an effective date of July 1, 2020.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Transportation & Infrastructure Subcommittee: Committee Meeting Notice, January 21, 2020.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-21-3014-transportation-infrastructure-subcommittee-meeting-pac-9cec0f7fc1/, SHA-256 ddbcfce4f9f1503fdf3aaffd5a62ad27a9913844e3d0f42d6604588d716048c9.

Full text

          Transportation & Infrastructure
                 Subcommittee
                 Tuesday, January 21, 2020
                    12:30 PM – 2:30 PM
                   Reed Hall (102 HOB)




Jose R. Oliva                                Brad Drake
Speaker                                           Chair
                                           Committee Meeting Notice
                                                 HOUSE OF REPRESENTATIVES




                                Transportation & Infrastructure Subcommittee

Start Date and Time:                  Tuesday, January 21, 2020 12:30 pm

End Date and Time:                    Tuesday, January 21, 2020 02:30 pm

Location:                             Reed Hall (102 HOB)
Duration:                             2.00 hrs


Consideration of the following bill(s):

HB 569 Diesel Exhaust Fluid by Overdorf
HB 571 Vehicle and Vessel Registration Data and Functionality by Fernandez-Barquin
HB 1135 License Plates by Grant, J.


Consideration of the following bill(s) with proposed committee substitute(s):

PCS for HB 387 -- License Plate Fees




                              NOTICE FINALIZED on 01/16/2020 4:04PM by Denson.Tori


01/16/2020       4:04:15PM                                  Leagis ®                 Page 1 of 1
HB 569
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 569 Diesel Exhaust Fluid
SPONSOR(S): Overdorf and others
TIED BILLS:       IDEN./SIM. BILLS:   SB 1036

    REFERENCE                                                          ACTION                 ANALYST              STAFF DIRECTOR or
                                                                                                                   BUDGET/POLICY CHIEF

    1) Transportation & Infrastructure Subcommittee                                           Johnson              Vickers

    2) Agriculture & Natural Resources Appropriations
       Subcommittee

    3) State Affairs Committee

                                                         SUMMARY ANALYSIS
The United States Environmental Protection Agency requires diesel exhaust fluid (DEF) to be used in newer
diesel engines, including diesel-powered vehicles used for aircraft and airport support. DEF is an exhaust
additive that reduces diesel emissions by neutralizing nitrogen oxide into harmless nitrogen gas and water.

In recent years, a number of aircraft have experienced engine shutdowns and other engine operability issues
resulting from the contamination of jet fuel due to the inadvertent filling of fuel truck anti-icing injection system
reservoirs with DEF instead of fuel system icing inhibitor. The Federal Aviation Administration has made a
number of preliminary safety recommendations regarding the use of DEF at airports including additional
training and the adoption of best management practices.

The bill requires that DEF be phased out of use at public airports by October 1, 2030. The bill also requires the
managers of public airports which utilize certain diesel vehicles to create a DEF safety mitigation and exclusion
plan and provides minimum requirements for such plan. The plans must be approved by the regulatory
authority having jurisdiction over the airport and be submitted to the Department of Environmental Protection.
The airport manager must annually review and resubmit the plan, with any amendments, to the department,
until all DEF and vehicles using DEF have been removed from the premises of the airport.

The bill may have an indeterminate negative fiscal impact on the state and local governments. Tenants of
public airports may incur expenditures associated with complying with DEF safety mitigation and exclusion
plans and the replacement of vehicles and equipment that utilize DEF. See Fiscal Analysis for details.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0569.TIS
DATE: 1/16/2020
                                                       FULL ANALYSIS

                                               I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Diesel Exhaust Fluid
        As part of the Clean Air Act of 1990, the United States Environmental Protection Agency (EPA) has, in
        order to curb air pollution, mandated stronger emission control standards for vehicle engines. Nitrogen
        Oxide (NOx) emissions can be a major polluter from diesel engines and the EPA has targeted them for
        significant reductions. In 2007, the EPA mandated that all new on-road heavy duty vehicles
        manufactured after 2010 meet certain requirements, with light duty vehicles to meet these requirements
        in 2014. In order to meet these standards, technologies such as selective catalytic reduction have been
        developed.1

        In diesel vehicles, selective catalytic reduction reduces NOx emissions by injecting diesel exhaust fluid
        (DEF) into ammonia, which in the presence of the catalyst, reacts with the exhaust NOx to neutralize it
        into harmless nitrogen gas and water.2

        DEF is a nontoxic, nonhazardous and colorless aqueous solution of automotive grade Urea in
        deionized water.3

        Airport Use of Diesel Exhaust Fluid
        At public airports, the airport and its tenants use DEF in various diesel-powered vehicles including
        aircraft refueling equipment, diesel aircraft fire-fighting equipment, life-saving equipment, and
        emergency generators.4

        In recent years, a number of aircraft have experienced engine shutdowns and other engine operability
        issues due to the contamination of jet fuel as a result of the inadvertent filling of aircraft fuel trucks anti-
        icing injection system with DEF instead of fuel system icing inhibitor.5

        Due to fuel system designs, some aircraft require fuel system icing inhibitor to prevent engine
        operability issues in cold weather. Due to this requirement, for many years, airport refueling trucks have
        been equipped with fuel system icing inhibitor injections systems, which require a fuel system icing
        inhibitor fluid reservoir mounted on the truck to supply the injection system during refueling. However,
        new refueling trucks contain a DEF reservoir in addition to the fuel system icing inhibitor reservoir.
        Since the EPA’s mandate for selective catalytic reduction on non-road diesel trucks began in 2014,
        airport refueling trucks with two reservoirs have begun appearing at airports.6

        Between November 2017 and May 2019, there were three instances, two in Florida, in which multiple
        aircraft had jet fuel contaminated with DEF or were refueled using equipment exposed to DEF.
        Because of these instances, numerous aircraft had to perform emergency landings. The Federal
        Aviation Administration (FAA) conducted a hazard analysis, and issued preliminary recommendations
        to address the problem, including additional training for ground support crews, adoption of best
        management practices, and dying either DEF or fuel system icing inhibitor so they can be distinguished
        from each other.7 One recommendation called for the aviation industry to request that EPA issue

1
  Aircraft Diesel Exhaust Fluid Contamination Working Group, A collaborative Industry Report on the Hazard of Diesel Exhaust
Fluid Contamination of Aircraft Fuel, June 11, 2019. P. 3-4 (Copy on file with Transportation & Infrastructure Subcommittee).
2
  Id.
3
  Id.
4
  Email from Lisa Waters, President/CEO Florida Airports Council, Diesel Exhaust Fluid, Nov. 4, 2019. (Copy on file with
Transportation & Infrastructure Subcommittee).
5
  Federal Aviation Administration, Safety Assessment for Jet Fuel Contamination with Diesel Exhaust Fluid. August 30, 2019. P.4.
(Copy on file with Transportation & Infrastructure Subcommittee).
6
  Id.
7
  Id.
STORAGE NAME: h0569.TIS                                                                                                     PAGE: 2
DATE: 1/16/2020
         permanent relief from emission control/system performance inducements (which require the use of
         DEF) for any non-road diesel engine powered vehicles at or on airports.8

         Effect of the Bill

         The bill requires that, by October 1, 2030, the presence, storage, or use of DEF, including the use of
         DEF to treat the exhaust of a selective catalytic reduction engine, on the premises of a public airport9
         must be phased out.

         The bill requires the manager at each public airport where aviation fuels receive onsite treatment with
         fuel system icing inhibitors, and any aircraft fuel delivery vehicle or ground service equipment treated
         with DEF is operated within 150 feet of any aircraft to create a DEF safety mitigation and exclusion
         plan.

         At a minimum, the DEF safety mitigation and exclusion plan must include:
              A full inventory of all DEF on the airport’s premises.
              Designation of specific areas where DEF is to be stored on the airport’s premises. Such areas
                may not be located within or on a vehicle operated for the fueling or servicing of aircraft or at
                any aviation fuel transfer facility or bulk aviation fuel storage facility.
              Designation of specific areas where a vehicle the exhaust system of which is being treated with
                DEF is to be refueled or treated with such fluid. Such areas must be segregated from all aircraft
                operating areas.

         By September 30, 2020, the regulatory authority having jurisdiction over the airport must approve the
         DEF safety mitigation and exclusion plan. By October 1, 2020, the manager must submit the plan to the
         Department of Environmental Protection (DEP) and certify that all such fluid and vehicles have been
         secured within the premises of the airport.

         By January 1, 2021, the DEF safety mitigation and exclusion plan must be fully implemented on the
         premises of the airport. Each year thereafter, the manager must review the plan and submit the plan,
         including applicable amendments, to DEP for certification. If DEP determines that the use of DEF is
         being phased out, DEP must certify the plan for that year.

         Once all DEF and all vehicles the exhaust system of which were being treated with such fluid have
         been removed from the premises of the airport, the manager must submit a written report to DEP
         certifying such removal. If DEP determines that such removal has been accomplished, the annual
         certification is no longer required.

         The presence, storage, or use of DEF on the premises of a public airport is prohibited after October 1,
         2030.

    B. SECTION DIRECTORY:
         Section 1 creates s. 330.401, F.S., providing for the phase-out of diesel exhaust fluid; reports and
         certification; prohibition.

         Section 2 provides an effective date of July 1, 2020.




8
 Id. at 2
9
 Section 330.27(6), F.S., defines the term “public airport” as an airport, publicly or privately owned, which is open for use by the
public.
STORAGE NAME: h0569.TIS                                                                                                          PAGE: 3
DATE: 1/16/2020
                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           The bill does not appear to impact state government revenues.

       2. Expenditures:
           There is an indeterminate, but likely insignificant fiscal impact to DEP associated with reviewing and
           certifying airport plans regarding the use of DEF.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           The bill does not appear to impact local government revenues.

       2. Expenditures:
           There is an indeterminate, but possibly negative fiscal impact to local governments operating public
           airports associated with reporting requirements and the possible replacement of vehicles and
           equipment that require the use of DEF.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Tenants of public airports, including fuel providers, will likely incur expenditures associated with
       complying with the DEF safety mitigation and exclusion plan, and the possible replacement of vehicles
       and equipment that utilize DEF.

   D. FISCAL COMMENTS:
       Public airports and their tenants may have significant investments in vehicles and equipment utilizing
       DEF. The required phase-out of the use of DEF may render some of this equipment inoperable and
       require public airports and their tenants to replace this equipment. Additionally, there may not be
       replacement equipment available that does not utilize DEF.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          The county/municipality mandates provision of Art. VII, section 19 of the Florida Constitution may
          apply because the bill requires public airports to develop DEF safety mitigation and exclusion plans;
          however, an exemption may apply since there is likely an insignificant fiscal impact.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       This bill does not grant rulemaking authority, nor does it require rulemaking authority.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.




STORAGE NAME: h0569.TIS                                                                                   PAGE: 4
DATE: 1/16/2020
                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
   None.




STORAGE NAME: h0569.TIS                                                  PAGE: 5
DATE: 1/16/2020
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           HB 569                                                                                                2020




    1                                         A bill to be entitled
    2               An act relating to diesel exhaust fluid; creating s.
    3               330.401, F.S.; requiring the presence, storage, or use
    4               of diesel exhaust fluid on the premises of a public
    5               airport to be phased out by a certain date; requiring
    6               the manager of each public airport that meets certain
    7               criteria to create a diesel exhaust fluid safety
    8               mitigation and exclusion plan for submission to the
    9               Department of Environmental Protection; providing plan
10                  requirements; requiring annual certification of the
11                  plan by the department until all diesel exhaust fluid
12                  has been removed; prohibiting the presence, storage,
13                  or use of diesel exhaust fluid on the premises of a
14                  public airport after a certain date; providing an
15                  effective date.
16
17         Be It Enacted by the Legislature of the State of Florida:
18
19                  Section 1.        Section 330.401, Florida Statutes, is created
20         to read:
21                  330.401      Phase-out of diesel exhaust fluid; reports and
22         certification; prohibition.—
23                  (1)     The presence, storage, or use of diesel exhaust fluid,
24         including the use of such fluid to treat the exhaust of a
25         selective catalytic reduction engine, on the premises of a

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        HB 569                                                                                                2020




26      public airport as defined in s. 330.27 must be phased out by
27      October 1, 2030, as provided in this section.
28               (2)(a)      The manager of each public airport at which:
29               1.      Aviation fuels receive onsite treatment with fuel
30      system icing inhibitors by means of injection or mixing systems;
31      and
32               2.      Any aircraft fuel delivery vehicle or ground service
33      equipment the exhaust system of which is being treated with
34      diesel exhaust fluid is operated within 150 feet of any aircraft
35
36      shall create a diesel exhaust fluid safety mitigation and
37      exclusion plan.
38               (b)      The plan must include, at a minimum:
39               1.      A full inventory of all diesel exhaust fluid on the
40      premises of the airport.
41               2.      Designation of specific areas where diesel exhaust
42      fluid is to be stored on the premises of the airport. Such areas
43      may not be located within or on a vehicle operated for the
44      fueling or servicing of aircraft or at any aviation fuel
45      transfer facility or bulk aviation fuel storage facility.
46               3.      Designation of specific areas where a vehicle the
47      exhaust system of which is being treated with diesel exhaust
48      fluid is to be refueled or treated with such fluid. Such areas
49      must be segregated from all aircraft operating areas.
50               (3)      The diesel exhaust fluid safety mitigation and

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        HB 569                                                                                                2020




51      exclusion plan must be approved by the regulatory authority
52      having jurisdiction over the airport by September 1, 2020. The
53      manager must, by October 1, 2020, submit the plan to the
54      Department of Environmental Protection and certify that all such
55      fluid and vehicles have been secured within the premises of the
56      airport.
57               (4)(a)      The diesel exhaust fluid safety mitigation and
58      exclusion plan must be fully implemented on the premises of the
59      airport by January 1, 2021.
60               (b)     Each year thereafter, the manager shall review the
61      plan and shall submit the plan, including applicable amendments,
62      to the Department of Environmental Protection for certification.
63      If the department determines that the use of diesel exhaust
64      fluid is being phased out as described in subsection (1), the
65      department shall certify the plan for that year.
66               (c)     Once all diesel exhaust fluid and all vehicles the
67      exhaust system of which were being treated with such fluid have
68      been removed from the premises of the airport, the manager must
69      submit a written report to the department certifying such
70      removal. If the department determines that such removal has been
71      accomplished, the annual certification provided in paragraph (b)
72      is no longer required.
73               (5)     The presence, storage, or use of diesel exhaust fluid
74      on the premises of a public airport as described in subsection
75      (1) is prohibited after October 1, 2030.

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        HB 569                                                                                                2020




76               Section 2.        This act shall take effect July 1, 2020.




                                                      Page 4 of 4

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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 569   (2020)
       Amendment No.




             COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:        Transportation &
2      Infrastructure Subcommittee
3      Representative Overdorf offered the following:
4
5            Amendment (with title amendment)
6            Remove everything after the enacting clause and insert:
7            Section 1.   Section 330.401, Florida Statutes, is created
8      to read:
9            330.401   Diesel exhaust fluid safety mitigation and
10     exclusion plan; certification.—
11           (1)(a)    The governing body of each public airport as
12     defined in s. 330.27 at which:
13           1.   Aviation fuels receive onsite treatment with fuel
14     system icing inhibitors by means of injection or mixing systems;
15     and
16           2.   Any aircraft fuel delivery vehicle or ground service
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 569     (2020)
       Amendment No.


17     equipment the exhaust system of which is being treated with
18     diesel exhaust fluid is operated within 150 feet of any aircraft
19
20     shall create a diesel exhaust fluid safety mitigation and
21     exclusion plan.
22          (b)    The plan must include, at a minimum:
23          1.    A full inventory of all diesel exhaust fluid on the
24     premises of the airport.
25          2.    Designation of specific areas where diesel exhaust
26     fluid may be stored on the premises of the airport. To the
27     extent practicable, such areas may not be located within or on a
28     vehicle operated for the fueling or servicing of aircraft or at
29     any aviation fuel transfer facility or bulk aviation fuel
30     storage facility.
31          3.    Designation of specific areas where diesel exhaust
32     fluid may be added to vehicles. Such areas may not be located in
33     aircraft operating areas.
34          4.    Incorporation of best practices for ensuring the proper
35     labeling and storage of diesel exhaust fluid.
36          5.    Incorporation of training in the proper use and storage
37     of diesel exhaust fluid for all persons on the premises of the
38     airport who may come in contact with such fluid in the ordinary
39     course of his or her duties.
40          (2)    The diesel exhaust fluid safety mitigation and
41     exclusion plan must be approved by the governing body by
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 569   (2020)
       Amendment No.


42     September 1, 2020. The governing body must, by October 1, 2020,
43     submit the plan to the Department of Transportation and certify
44     that all diesel exhaust fluid has been secured within the
45     premises of the airport.
46          (3)   The diesel exhaust fluid safety mitigation and
47     exclusion plan must be fully implemented on the premises of each
48     airport by January 1, 2021.
49          (4)   By January 1 of each year, beginning in 2022, each
50     public airport must certify to the department its compliance
51     with its plan.
52          Section 2.   This act shall take effect July 1, 2020.
53
54           -----------------------------------------------------
55                        T I T L E    A M E N D M E N T
56          Remove everything before the enacting clause and insert:
57     An act relating to diesel exhaust fluid; creating s. 330.401,
58     F.S.; requiring the governing body of each public airport that
59     meets certain criteria to create a diesel exhaust fluid safety
60     mitigation and exclusion plan for submission to the Department
61     of Transportation; providing plan requirements; requiring an
62     annual certification of compliance; providing an effective date.




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                                     Page 3 of 3
HB 571
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 571 Vehicle and Vessel Registration Data and Functionality
SPONSOR(S): Fernandez-Barquin
TIED BILLS:       IDEN./SIM. BILLS: SB 1086

    REFERENCE                                                          ACTION                 ANALYST              STAFF DIRECTOR or
                                                                                                                   BUDGET/POLICY CHIEF

    1) Transportation & Infrastructure Subcommittee                                           Roth                 Vickers

    2) Transportation & Tourism Appropriations
       Subcommittee

    3) State Affairs Committee

                                                         SUMMARY ANALYSIS
Tax collectors are authorized agents of the Department of Highway Safety and Motor Vehicles (DHSMV) who
issue motor vehicle and vessel registration certificates, motor vehicle registration license plates and validation
stickers, vessel numbers and decals to applicants. Each tax collector must keep a full and complete record and
account of all validation stickers, mobile home stickers, vessel decals, or other properties received by him or
her from DHSMV. Both DHSMV and the tax collectors use third-party agents who provide information
technology support, including online and mobile applications.

The Florida Real Time Vehicle Information System (FRVIS) is the database application maintained by DHSMV
to issue and account for tags, titles, and registrations for motor vehicles and vessels. FRVIS must be installed
in every tax collector’s and license tag agent’s office in accordance with a schedule established by DHSMV in
consultation with the tax collectors and contingent upon funds being made available for the system by the
state.

The bill provides, for the purpose of enhancing customer services provided by tax collectors on behalf of
DHSMV, the Department must provide tax collectors and their agents with the same real-time access to the
same data that DHSMV provides to all other third-parties. The bill specifies that this includes data related to
motor vehicle and mobile home registration certificates, registration license plates, and validation stickers as
well as vessel registration certificates and vessel numbers and decals including, but not limited to, each
owner’s current residential and electronic mail address.

There is an indeterminate fiscal impact. See Fiscal Analysis for details.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0571.TIS
DATE: 1/16/2020
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Registration Requirements
         The motor vehicle registration process is set out in s. 320.02, F.S. Upon the receipt of an initial
         application for registration and payment of the appropriate license tax and other fees required by law,
         DHSMV must assign to the motor vehicle a registration license number consisting of letters and
         numbers and issue to the owner a certificate of registration and a registration license plate.1 For each
         registration period after the one in which the metal license plate is issued, and until the license plate is
         required to be replaced, a validation sticker showing the month and year of expiration shall be issued
         upon payment of the proper license tax amount and fees and is valid for not more than 12 or 24 months
         accordingly.2

         DHSMV is responsible for issuing vessel registrations.3 Applications for titles and registrations must be
         filed at a county tax collector’s office.4 Every vessel operated, used, or stored on the waters of Florida
         must be registered unless it is:
               A vessel operated, used, and stored exclusively on private lakes and ponds;
               A vessel owned by the United States Government;
               A vessel used exclusively as a ship’s lifeboat; or
               A non-motor-powered vessel less than 16 feet in length or a non-motor-powered canoe, kayak,
                  racing shell, or rowing scull, regardless of length.5

        The certificate of registration must be pocket-sized and be available for inspection on the vessel for
        which it is issued whenever such vessel is in operation.6 Additionally, a decal signifying the year or
        years during which the certificate is valid must be furnished by DHSMV with each certificate of
        registration issued and affixed to the front of the vessel.7

         Florida Real Time Vehicle Information System
         DHSMV maintains the Florida Real Time Vehicle Information System (FRVIS) that facilitates the
         collection of taxes and fees for tags, titles, and registrations associated with motor vehicles and
         vessels.8 Local tax collector and tag agent offices throughout the state process tag, title, and
         registration transactions through FRVIS.9 According to DHSMV, FRVIS processed approximately 413.1
         million transactions for the collection of approximately $3.22 billion in revenue from taxes and fees
         associated with tags, titles, and registrations for motor vehicles and vessels during Fiscal Year 2018-
         2019, including amounts retained by local tax collector and tag agent offices.10 These funds, together
         with all other sources of DHSMV’s revenue, are distributed through FRVIS to various state agencies,
         including DHSMV, and non-state entities in accordance with governing Florida Statutes.11



1
  Section 320.06(1)(a), F.S.
2
  Section 320.06(1)(c), F.S.
3
  Section 328.48(3), F.S.
4
  Section 328.48(1)(a), F.S.
5
  Section 328.48(2), F.S.
6
  Section 328.48(4), F.S.
7
  Section 328.48(5), F.S.
8
  Department of Highway Safety and Motor Vehicles, Florida Real Time Vehicle Information System (FRVIS): Information
Technology Operational Audit, at 1 (April 2014), available at https://flauditor.gov/pages/pdf_files/2014-183.pdf (last visited March
21, 2019).
9
  Id. at 1-2.
10
   E-mail from Kevin Jacobs, Deputy Legislative Affairs Director, Department of Highway Safety and Motor Vehicles, RE: HB 571,
(December 19, 2019).
11
   DHSMV, supra at 2, FN 8.
STORAGE NAME: h0571.TIS                                                                                                       PAGE: 2
DATE: 1/16/2020
        FRVIS is composed of two processing environments. The first is a distributed environment that consists
        of the servers at local tax collector and tag agent offices that process tag, title, and registration
        transactions throughout the state. The second environment is the host portion that consists of the back-
        end processing that is conducted centrally at DHSMV’s primary data center.12

        In addition to residential street addresses, DHSMV is authorized to collect and store (in FRVIS) e-mail
        addresses. E-mail addresses may be used, in lieu of the United States Postal Service, to provide
        certain renewal notices, including registration renewal notices, driver license renewal notices, and
        vessel registration renewal notices.13,14,15,16,17

        Registration Duties of Tax Collectors
        Tax collectors are authorized agents of DHSMV that issue motor vehicle and vessel registration
        certificates, motor vehicle registration license plates and validation stickers, mobile home stickers, and
        vessel numbers and decals to applicants.18 Each tax collector must keep a full and complete record
        and account of all validation stickers, mobile home stickers, vessel decals, or other properties received
        by him or her from DHSMV.19 FRVIS must be installed in every tax collector’s and license tag agent’s
        office in accordance with a schedule established by DHSMV in consultation with the tax collectors and
        contingent upon funds being made available for the system by the state.20

        Memorandums of Understanding
        Access to DHSMV’s systems and data is governed by various Memorandums of Understanding (MOU)
        between DHSMV, tax collectors, and other third-party entities. The MOUs document how the data will
        be used and protected, and ensure compliance with various state and federal laws, including the
        federal Driver’s Privacy Protection Act.21 Both DHSMV and the tax collector’s offices utilize private
        vendors who assists with various services and are governed by MOUs.

        Proposed Changes

        The bill amends s. 320.03, F.S., requiring DHSMV to provide tax collectors and their approved agents
        and vendors with the same real-time access to data that DHSMV provides to other third-parties. The
        accessible real-time data received from DHSMV must be related to motor vehicle and mobile home
        registration certificates, registration license plates, and validation stickers, including but not limited to,
        each owner’s current residential and electronic mail address.

        The bill amends s. 328.73, F.S., requiring DHSMV to provide tax collectors and their approved agents
        and vendors with the same real-time access to data that DHSMV provides to other third-parties. The
        accessible real-time data received from DHSMV must be related to vessel registration certificates and
        vessel numbers and decals, including but not limited to, each owner’s current residential and electronic
        mail address.

        Additionally, the bill authorizes DHSMV to require a tax collector’s approved agent or vendor to enter
        into an MOU that cannot be more restrictive than any MOU between DHSMV or any other third-party
        vendor.

     B. SECTION DIRECTORY:
        Section 1: Amends s. 320.03, F.S., relating to registration; duties of tax collectors; International
                   Registration Plan.

12
   Id.
13
   Section 319.40, F.S.
14
   Section 320.95, F.S.
15
   Section 322.08(10), F.S.
16
   Section 328.30, F.S.
17
   Section 328.80, F.S.
18
   Sections 320.03(1) and 328.73(1), F.S.
19
   Sections 320.03(3) and 328.73(2), F.S.
20
   Section 320.03(4)(b), F.S.
21
   Department of Highway Safety and Motor Vehicles, Agency Analysis of 2020 House Bill 571, p. 2 (December 20, 2019).
STORAGE NAME: h0571.TIS                                                                                                 PAGE: 3
DATE: 1/16/2020
            Section 2: Amends s. 328.73, F.S., relating to registration; duties of tax collectors.

            Section 3: Provides an effective date of July 1, 2020.


                               II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

       A. FISCAL IMPACT ON STATE GOVERNMENT:

            1. Revenues:
                  The bill will likely have no impact on state government revenues.

            2. Expenditures:
                  Implementation may require significant staffing and programming to DHSMV’s systems, including to
                  FRVIS, as use cases are identified and approved. However, the fiscal impact to the Department is
                  indeterminate at this time.22

       B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

            1. Revenues:
                  Having real time access to data could allow tax collectors to process additional transactions that
                  they currently do not have the ability to process. They may see a positive indeterminate fiscal
                  impact as a result.

            2. Expenditures:
                  The bill will likely have no impact on local government expenditures.

       C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
             None.

       D. FISCAL COMMENTS:
             None.

                                                       III. COMMENTS

       A. CONSTITUTIONAL ISSUES:

            1. Applicability of Municipality/County Mandates Provision:
                 Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
                 action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
                 raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
                 municipalities.

            2. Other:
                 None.

       B. RULE-MAKING AUTHORITY:
             The bill does not provide a grant of rulemaking authority, nor does it require rulemaking.

       C. DRAFTING ISSUES OR OTHER COMMENTS:

22
     Id. at 4.
STORAGE NAME: h0571.TIS                                                                                           PAGE: 4
DATE: 1/16/2020
            Comments:
            DHSMV has indicated that the bill is written broadly and may warrant additional clarification with
            respect to the requirements of the MOUs involving DHSMV and third-party vendors.23


                             IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




23
     Id. at 5.
STORAGE NAME: h0571.TIS                                                                                          PAGE: 5
DATE: 1/16/2020
F   L      O   R    I   D   A    H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 571                                                                                                2020




    1                                         A bill to be entitled
    2               An act relating to vehicle and vessel registration
    3               data and functionality; amending ss. 320.03 and
    4               328.73, F.S.; requiring the Department of Highway
    5               Safety and Motor Vehicles to provide tax collectors
    6               and their approved agents and vendors with real-time
    7               access to certain vehicle and vessel registration data
    8               and functionality in the same manner as provided to
    9               other third parties; authorizing the department to
10                  require a memorandum of understanding; providing an
11                  effective date.
12
13         Be It Enacted by the Legislature of the State of Florida:
14
15                  Section 1.        Paragraph (b) of subsection (4) of section
16         320.03, Florida Statutes, is amended to read:
17                  320.03      Registration; duties of tax collectors;
18         International Registration Plan.—
19                  (4)
20                  (b)     The Florida Real Time Vehicle Information System shall
21         be installed in every tax collector's and license tag agent's
22         office in accordance with a schedule established by the
23         department in consultation with the tax collectors and
24         contingent upon funds being made available for the system by the
25         state. For the purpose of enhancing customer services provided

                                                         Page 1 of 3

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                                                                                                                hb0571-00
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        HB 571                                                                                                2020




26      by tax collectors on behalf of the department, the department
27      shall provide tax collectors and their approved agents and
28      vendors with real-time access to the same data and functionality
29      that all other third parties receive from the department related
30      to motor vehicle and mobile home registration certificates,
31      registration license plates, and validation stickers, including,
32      but not limited to, each applicant's current residential address
33      and each applicant's current electronic mail address collected
34      pursuant to s. 320.95. The department may require a tax
35      collector's approved agent or vendor that requests data or
36      functionality pursuant to this paragraph to enter into a
37      memorandum of understanding, which may not be more restrictive
38      than any memorandum of understanding between the department and
39      any other third-party vendor.
40               Section 2.        Subsection (1) of section 328.73, Florida
41      Statutes, is amended to read:
42               328.73      Registration; duties of tax collectors.—
43               (1)     The tax collectors in the counties of the state, as
44      authorized agents of the department, shall issue registration
45      certificates and vessel numbers and decals to applicants,
46      subject to the requirements of law and in accordance with rules
47      of the department. For the purpose of enhancing customer
48      services provided by tax collectors on behalf of the department,
49      the department shall provide tax collectors and their approved
50      agents and vendors with real-time access to the same data and

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                                                                                                             hb0571-00
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        HB 571                                                                                                2020




51      functionality that all other third parties receive from the
52      department related to vessel registration certificates and
53      vessel numbers and decals, including, but not limited to, each
54      applicant's current residential address and each applicant's
55      current electronic mail address collected pursuant to s. 328.30.
56      The department may require a tax collector's approved agent or
57      vendor that requests data or functionality pursuant to this
58      paragraph to enter into a memorandum of understanding, which may
59      not be more restrictive than any memorandum of understanding
60      between the department and any other third-party vendor.
61               Section 3.        This act shall take effect July 1, 2020.




                                                      Page 3 of 3

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                                                                                                             hb0571-00
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 571   (2020)
       Amendment No.




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:        Transportation &
2      Infrastructure Subcommittee
3      Representative Fernandez-Barquin offered the following:
4
5           Amendment (with title amendment)
6           Remove lines 34-39 and insert:
7      pursuant to s. 320.95.
8           Remove lines 56-60
9
10
11             -----------------------------------------------------
12                          T I T L E   A M E N D M E N T
13          Remove lines 9-10 and insert:
14     other third parties; providing an




     372313 - h0571-line34.docx
     Published On: 1/17/2020 6:06:02 PM
                                     Page 1 of 1
HB 1135
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1135 License Plates
SPONSOR(S): Grant, J.
TIED BILLS: HB 387     IDEN./SIM. BILLS:                           SB 412

    REFERENCE                                                         ACTION                 ANALYST              STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Transportation & Infrastructure Subcommittee                                          Johnson              Vickers

    2) Transportation & Tourism Appropriations
       Subcommittee

    3) State Affairs Committee

                                                        SUMMARY ANALYSIS
There are over 120 specialty license plates available to any motor vehicle owner or lessee who is willing to pay
the annual use fee for such plate. The Department of Highway Safety and Motor Vehicles (DHSMV) distributes
the collected fees to statutorily designated organizations in support of a particular cause or charity. DHSMV
must discontinue the issuance of an approved specialty license plate if it fails to meet certain statutory
requirements.

The bill makes several changes related to specialty and special license plates. The bill:
    Establishes a cap of 125 specialty license plates and provides a process for the discontinuation of low
        performing specialty license plates and the addition of new specialty license plates.
    Authorizes DHSMV to issue specialty license plates for fleet and motor vehicle dealer vehicles.
    Creates 17 new specialty license plates and specifies the design of the plate and the distribution of the
        associated annual use fees.
    Revises provisions regarding existing specialty license plates and discontinues specified specialty
        license plates.
    Creates special use plates for recipients of the Purple Heart and Bronze Star.
    Removes the statutory authorization for special license plates for former legislators and members of
        Congress.

The bill removes existing $25 annual use fees for various specialty license plates because PCS/HB 387
(2020), which is linked to this bill, establishes an annual use fee of $25 for all specialty license plates, unless
otherwise stated.

According to DHSMV, the bill will have a negative, though likely insignificant, fiscal impact associated with the
programming effort required for the specialty and special license plates provisions.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1135.TIS
DATE: 1/16/2020
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Specialty License Plates

         Background

         The first Florida specialty license plates were enacted in 1986 and included the creation of the
         Challenger plate and 10 Florida collegiate plates. Today, there are over 120 specialty license plates
         available to any owner or lessee of a motor vehicle who is willing to pay the additional use fee for the
         privilege, typically $25 annually.1 Currently, there is no limit on the number of specialty license plates
         the Department of Highway Safety and Motor Vehicles (DHSMV) may issue nor the number of specialty
         license plates the Legislature may approve.

         Requirements for Establishing Specialty License Plates
         Section 320.08053, F.S., provides the statutory requirements to establish a specialty license plate. If a
         specialty license plate requested by an organization is approved by law, the organization submits its
         proposed art design to DHSMV as soon as practicable, but no later than 60 days after the act
         approving such plate becomes a law.2

         Within 120 days following the specialty license plate becoming law, DHSMV establishes a method to
         issue a specialty license plate voucher allowing for the presale of such plate. The $5 processing fee,3
         the service charge and branch fee,4 and the annual use fee for the specialty license plate are charged
         for the voucher. All other applicable fees are charged at the time the license plate is issued.5

         Within 24 months after establishing a presale specialty license plate voucher, the approved specialty
         license plate must record with DHSMV a minimum of 1,000 voucher sales before the license plate may
         be manufactured. If, at the conclusion of the 24-month presale period, the minimum sales requirement
         is not met, the specialty license plate is deauthorized and DHSMV discontinues the plate’s
         development and the issuance of the presale vouchers. Upon deauthorization of the specialty license
         plate, a purchaser of the specialty license plate voucher may use the annual use fee collected as a
         credit towards any other specialty license plate or apply to DHSMV for a refund.6

         Specialty License Plates, Generally
         DHSMV is responsible for developing specialty license plates authorized in s. 320.08053, F.S.7
         DHSMV must issue a specialty license plate to the owner or lessee of any motor vehicle, except a
         vehicle registered under the International Registration Plan, a commercial truck required to display two
         license plates, or a truck tractor, upon request and payment of the appropriate license tax and fees.8

         Each request for a specialty license plate must annually be made to DHSMV or its authorized agent9
         accompanied by the following tax and fees: the vehicle’s required license tax,10 a processing fee of




1
  The annual use fees for specific specialty license plates are provided in s. 320.08056(4), F.S.
2
  Section 320.08053(1), F.S.
3
  The processing fee is prescribed in s. 320.08056, F.S.
4
  Service charges and branch fees are prescribed in s. 320.04, F.S.
5
  Section 320.08053(2)(a), F.S.
6
  Section 320.08053(2)(b), F.S.
7
  Section 320.08056(1), F.S.
8
  Section 320.08056(2), F.S.
9
  DHSMV’s authorized agents are the county tax collectors.
10
   Motor vehicle license taxes are set forth in s. 320.08, F.S.
STORAGE NAME: h1135.TIS                                                                                     PAGE: 2
DATE: 1/16/2020
         $5,11 a license plate fee,12 and a license plate annual use fee as required for the specialty license
         plate.13

         A request for a specialty license plate may be made any time during a vehicle’s registration period. If a
         request is made for a specialty license plate to replace a current valid license plate, the specialty
         license plate must be issued with the appropriate decals attached with no license tax for the plate;
         however, all fees and service charges must be paid. If a request is made for a specialty license plate at
         the beginning of the registration period, the tax, together with all applicable fees and service charges,
         must be paid.

         If a vehicle owner or lessee to whom DHSMV has issued a specialty license plate acquires a
         replacement vehicle within the owner’s registration period, DHSMV authorizes a transfer of the
         specialty license plate to the replacement vehicle.14 The annual use fee or processing fee may not be
         refunded.15

         Specialty license plates must bear the design required by law for the appropriate specialty license
         plate, and must conform to DHSMV’s design specifications. All specialty license plates must be the
         same material and size as standard license plates issued for any registration period and may bear an
         appropriate slogan, emblem, or logo in a size and placement that conforms to DHSMV’s design
         specifications.16

         DHSMV annually retains from the first proceeds derived from the annual use fees collected an amount
         sufficient to defray each specialty license plate’s pro rata share of DHSMV’s costs directly related to the
         specialty license plate program. Such costs include inventory costs, distribution costs, direct costs to
         DHSMV, costs associated with reviewing each organization’s compliance with audit and attestation
         requirements,17 and any applicable increased costs of manufacturing the specialty license plate. The
         Department of Management Services must verify any cost increase to DHSMV related to the actual
         cost of the plate, including a reasonable vendor profit. The balance of the proceeds from the annual
         use fees collected for that specialty license plate are distributed as provided by law. 18

         DHSMV must discontinue the issuance of an approved specialty license plate if the number of valid
         specialty license plate registrations falls below 1,000 plates for at least 12 consecutive months. A
         warning letter is mailed to the sponsoring organization following the first month in which the total
         number of registrations falls below 1,000 plates. This does not apply to collegiate license plates.19, 20

         DHSMV may discontinue the issuance of a specialty license plate and distribution of associated annual
         use fee proceeds if the organization no longer exists, if the organization has stopped providing services
         authorized to be funded from the annual use fee proceeds, if the organization does not meet the
         presale requirements,21 or pursuant to an organizational recipient’s request. Organizations must notify
         DHSMV immediately to stop all warrants for plate sales if any of these conditions exist and must meet
         certain audit and attestation requirements for any period of operation during a fiscal year.22




11
   The $5 processing fee is deposited into the Highway Safety Operating Trust Fund.
12
   Section 320.06(1)(b), F.S., provides for a $2.80 annual license plate replacement fee to defray the cost of replacing the license plate
every 10 years.
13
   Section 320.08056(3), F.S.
14
   This is in accordance with s. 320.0609, F.S.
15
   Section 320.08056(5), F.S.
16
   Section 320.08056(6), F.S.
17
   Specialty license plate audit and attestations requirements are in s. 320.08062, F.S.
18
   Section 320.08056(7), F.S.
19
   Collegiate license plates are established under s. 320.08058(3), F.S.
20
   Section 320.08056(8)(a), F.S.
21
   Presale requirements are prescribed in s. 320.08053, F.S.
22
   Section 320.08056(8)(b), F.S.
STORAGE NAME: h1135.TIS                                                                                                           PAGE: 3
DATE: 1/16/2020
         The organization that requested the specialty license plate may not redesign the specialty license plate
         unless the inventory of those plates has been depleted. However, the organization may purchase the
         remaining inventory of the specialty license plate from DHSMV at cost.23

         A specialty license plate annual use fee collected and distributed, or any interest earned from those
         fees, may not be used for commercial or for-profit activities or for general or administrative expenses
         (except as authorized by law), and may not be used to pay the cost of the required audit or report. The
         fees, and any interest earned, may be expended only for use in this state unless the annual use fee is
         derived from the sale of United States Armed Forces and veterans-related specialty license plates.24

         The term “administrative expenses” means those expenditures considered direct operating costs of the
         organization, and include, but are not limited to:
             Administrative salaries of employees and officers of the organization who do not or cannot
                prove, via detailed daily time sheets that they actively participate in program activities.
             Bookkeeping and support services of the organization.
             Office supplies and equipment not directly utilized for the specified program.
             Travel time, per diem, mileage reimbursement, and lodging expenses not directly associated
                with a specified program purpose.
             Paper, printing, envelopes, and postage not directly associated with a specified program
                purpose.
             Miscellaneous expenses such as food, beverage, entertainment, and conventions.25

         The annual use fee from the sale of specialty license plates, the interest earned from those fees, or any
         fees received by an agency as a result of the sale of specialty license plates may not be used for the
         purpose of marketing to or lobbying, entertaining, or rewarding an employee of a governmental agency
         responsible for the sale and distribution of specialty license plates, or an elected member or employee
         of the Legislature.26

         The application form for a specialty license plate must provide the applicant the option to instruct
         DHSMV to provide his or her name, address, and renewal date to the sponsoring organization.27

         Audits and Attestations
         All organizations receiving annual use fee proceeds from DHSMV are responsible for ensuring that
         proceeds are used in accordance with state law.28 Any organization not subject to audit pursuant to the
         Florida Single Audit Act29must annually attest, under penalties of perjury, that such proceeds were used
         in compliance with applicable state laws.30

         Any organization subject to audit pursuant to the Florida Single Audit Act must submit an audit report in
         accordance with the Auditor General’s rules. The annual attestation must be submitted to DHSMV for
         review within nine months after the end of the organization’s fiscal year.31

         Within 120 days after receiving an organization’s audit or attestation, DHSMV must determine which
         recipients of revenues from specialty license plate annual use fees have not complied with the
         appropriate statutory provisions. In determining compliance, DHSMV may commission an independent
         actuarial consultant, or an independent certified public accountant, who has expertise in nonprofit and
         charitable organizations.32


23
   Section 320.08056(9), F.S.
24
   Section 320.08056(10)(a), F.S.
25
   Section 320.08056(10)(b), F.S.
26
   Section 320.08056(11), F.S
27
   Section 320.08056(12), F.S.
28
   Section 320.08062(1)(a), F.S.
29
   Section 215.97, F.S.
30
   Section 320.08062(1)(b), F.S.
31
   Section 320.08062(1)(c), F.S.
32
   Section 320.08062(2)(a), F.S.
STORAGE NAME: h1135.TIS                                                                                         PAGE: 4
DATE: 1/16/2020
        DHSMV must discontinue the distribution of revenues to any organization failing to submit the required
        documentation, but may resume distribution of the revenues upon receipt of the required information.33

        If DHSMV or its designee determines that an organization has not complied with or has failed to use
        the revenues in accordance with applicable law, DHSMV must discontinue the distribution of the
        revenues to the organization. DHSMV must notify the organization of its findings and direct the
        organization to make the changes necessary in order to comply. If the officers of the organization sign
        an affidavit under penalties of perjury stating they acknowledge the findings of DHSMV and attest they
        have taken corrective action and that the organization will submit to a follow-up review by DHSMV, then
        DHSMV may resume the distribution of revenues.34

        If an organization fails to comply with DHSMV’s recommendations and corrective actions, the revenue
        distributions must be discontinued until completion of the next regular session of the Legislature.
        DHSMV must notify the President of the Senate and the Speaker of the House of Representatives by
        the first day of the next regular session of any organization whose revenues have been withheld. If the
        Legislature does not provide direction to the organization and DHSMV regarding the status of the
        undistributed revenues, DHSMV must deauthorize the plate and the undistributed revenues are
        immediately deposited into the Highway Safety Operating Trust Fund.35

        DHSMV or its designee has the authority to examine all records pertaining to the use of funds from the
        sale of specialty license plates.36

        Fleet/Dealer Specialty License Plates
        Section 320.06, F.S., provides requirements for the design of various license plates and requires dealer
        license plates to be imprinted with “Florida” at the top and “Dealer” at the bottom.

        Current law provides for permanent registration for fleet license plates.37 The term “fleet” means
        nonapportioned motor vehicles owned or leased by a company and used for business purposes.38
        According to DHSMV, in order to participate in the fleet vehicle program the company must have a
        minimum of 200 vehicles or a minimum of 25 trailers or semitrailers used exclusively to haul agricultural
        products.39

        The owner or lessee of a fleet of motor vehicles must, upon application in the manner and at the time
        prescribed, and upon DHSMV approval and payment of the appropriate license tax, be issued
        permanent fleet license plates. All vehicles with a fleet license plate must have the company’s name or
        logo and unit number displayed so that they are readily identifiable.40

        Fleet license plates must have the word “Fleet” appearing at the bottom and the word “Florida”
        appearing at the top. The plates must conform in all respects to Ch. 320, F.S., except as specified.41

        Effect of Proposed Changes

        The bill increases the required number of voucher sales from 1,000 to 3,000 prior to DHSMV
        manufacturing a specialty license plate, and requires an out-of-state college or university license plate
        to meet a minimum sale of 4,000 vouchers.



33
   Section 320.08062(2)(b), F.S.
34
   Section 320.08062(2)(c), F.S.
35
   Section 320.08062(2)(d), F.S.
36
   Section 320.08062(3), F.S.
37
   Section 320.0657, F.S.
38
   Section 320.0657(1), F.S.
39
   Email from Kevin Jacobs, Deputy Director of Legislative Affairs, Department of Highway Safety and Motor Vehicles, RE: HB
1135-Specialty License Plates, Jan. 9, 2020. (Copy on file with Transportation & Infrastructure Subcommittee).
40
   Section 320.0657(2)(a), F.S.
41
   Section 320.0657(2)(b), F.S.
STORAGE NAME: h1135.TIS                                                                                                 PAGE: 5
DATE: 1/16/2020
         The bill provides that new specialty license plates that have been approved by law but are awaiting
         issuance will be issued in the order they appear in s. 320.08056(4), F.S.,42 provided all requirements,
         including the presale requirement, have been met. If the next awaiting specialty license plate has not
         met the presale requirement, DHSMV must proceed in the order provided in law to identify the next
         qualified specialty license plate that has met the presale requirement. DHSMV must cycle through the
         list in statutory order.

         If the Legislature has approved 125 or more specialty license plates, DHSMV may not make any new
         specialty license plates available for design or issuance until a sufficient number of plates are
         discontinued43 so that the number of plates being issued is reduced to fewer than 125. The 125-license
         plate limit applies to all specialty license plates, including those above the minimum sales threshold and
         those exempt from the threshold.

         The bill removes existing $25 annual use fees for various specialty license plates because PCS/HB 387
         (2020), which is linked to this bill, establishes an annual use fee of $25 for all specialty license plates,
         unless otherwise stated.

         The bill allows a vehicle owner or lessee issued a specialty license plate that has been discontinued by
         DHSMV to keep the discontinued specialty license plate for the remainder of the 10-year license plate
         replacement period44 and requires the owner or lessee to pay all other applicable registration fees.
         However, the owner or lessee is exempt from paying the applicable specialty license plate fee for the
         remainder of the 10-year license plate replacement period.

         If DHSMV discontinues issuance of a specialty license plate, all annual use fees held or collected by
         the department must be distributed within 180 days after the date the specialty license plate is
         discontinued. Of those fees, DHSMV must retain an amount sufficient to defray the applicable
         administrative and inventory closeout costs associated with discontinuing the plate. The remaining
         funds are distributed to the appropriate organization or organizations.45 If an organization no longer
         exists, DHSMV must deposit any undistributed funds into the Highway Safety Operating Trust Fund.

         The bill requires, on January 1 of each year, DHSMV to discontinue the specialty license plate with the
         fewest number of plates in circulation, including license plates exempt from a statutory sales
         requirement. The bill requires DHSMV to mail a warning letter to the sponsoring organizations of the 10
         percent of specialty license plates with the lowest number of valid, active registrations as of December
         1 of each year.

         Effective July 1, 2023, the bill requires DHSMV to discontinue the issuance of approved specialty
         license plates if the number of valid registrations falls below 3,000 plates for 12 consecutive months,
         instead of the current 1,000-plate threshold. The threshold for out-of-state college or university license
         plates is 4,000. In addition to the existing exemption from this requirement for in-state collegiate license
         plates, the bill provides exceptions for institutions in and entities of the State University System,
         specialty license plates with statutory eligibility limitations for purchase, specialty license plates for
         which the 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.46

         The bill authorizes specialty license plate fees for out-of-state college or university specialty license
         plates be spent outside of Florida. Additionally, the bill provides that for out-of-state college or university
         license plates, the recipient organization must have established an endowment based in Florida for the
         purpose of providing scholarships to Florida residents meeting the statutory requirements, and provide
         documentation to DHSMV that the organization obtained the college’s or university’s consent to use an
         appropriate image on a license plate.


42
   Section 320.08056(4), F.S., lists specific specialty license plates and their annual use fees.
43
   Specialty license plates will be discontinued pursuant to s. 320.08056(8), F.S.
44
   License plates are issued for a 10-year period pursuant to s. 320.06(1)(b)1., F.S.
45
   Distributions to recipient organizations are pursuant to s. 320.08058, F.S.
46
   Florida Professional Sports Team license plates are established in s. 320.08058(9), F.S.
STORAGE NAME: h1135.TIS                                                                                         PAGE: 6
DATE: 1/16/2020
       The bill prohibits any entity from using specialty license plate revenue for lobbying. The current
       prohibition is limited to agencies.

       The bill requires DHSMV to audit any specialty license plate revenue recipient every three years if the
       organization is not subject to the Florida Single Audit Act. The purpose of this audit is to ensure that
       specialty license plate proceeds have been used in compliance with Florida Statutes.

       The bill authorizes “Dealer” and “Fleet” specialty license plates. It provides that a dealer specialty
       license plate is not required to say “dealer” at the bottom of the license plate.

       The bill provides that for the additional annual use fee for the specific specialty license plate, fleet
       companies may purchase specialty license plates in lieu of the standard fleet license plates. Fleet
       companies are responsible for all costs associated with the specialty license plates, including all annual
       use fees, processing fees, fees associated with switching license plate types, and other applicable
       fees. The bill establishes similar requirements for dealer specialty license plates.

       The bill allows DHSMV to authorize dealer and fleet specialty license plates and provides that, with the
       permission of the sponsoring specialty license plate organization, a dealer or fleet company may
       purchase specialty license plates for use on dealer or fleet vehicles. Notwithstanding s. 320.08058,
       F.S., a dealer or fleet specialty license plate must include the letters “DLR” or “FLT” on the right side of
       the license plate. Dealer and fleet specialty license plates must be ordered directly through DHSMV.

       The bill removes the American Red Cross plate, Donate Organs Pass It On plate, St. Johns River plate,
       and Hispanic Achievers plate from law as these plates have been discontinued.

       Existing and New Specialty License Plates

       Special Olympics Florida License Plate

       Present Situation
       Section 320.08058(7), F.S., creates the Special Olympics Florida specialty license plate with an annual
       use fee of $15. The license plate contains the official Special Olympics Florida logo with “Florida”
       centered at the bottom of the plate, and “Everyone Wins” centered at the top of the plate.

       Effect of Proposed Changes
       The bill redesigns the Special Olympics Florida specialty license plate with “Florida” centered at the top
       of the plate and “Be a Fan” centered at the bottom of the plate.

       Florida Golf License Plate

       Present Situation
       Section 320.08058(35), F.S., creates the Florida Golf specialty license plate with an annual use fee of
       $25. DHSMV distributes the license plate’s annual use fee to the Dade Amateur Golf Association to be
       allocated annually as follows:
            Up to 15 percent of the proceeds may be used by the Dade Amateur Golf Association for the
               administration of the Florida Junior Golf Program.
            The Dade Amateur Golf Association must receive the first $80,000 in proceeds for the operation
               of youth golf programs in Miami-Dade County. Thereafter, 15 percent of the proceeds must be
               provided to the Dade Amateur Golf Association for the operation of youth golf programs in
               Miami-Dade County.
            The remaining proceeds must be made available for grants to nonprofit organizations to operate
               youth golf programs and for marketing the Florida Golf license plate.

       Effect of Proposed Changes
       The bill provides that 30 percent of the proceeds, instead of the current 15 percent, is provided to the
       Dade Amateur Golf Association for operating youth golf programs in Miami-Dade County and

STORAGE NAME: h1135.TIS                                                                                         PAGE: 7
DATE: 1/16/2020
           authorizes the use of these proceeds for expenditures necessary to comply with the Americans with
           Disabilities Act.

           Live the Dream License Plate

           Present Situation
           Section 320.08058(48), F.S., creates the Live the Dream specialty license plate with an annual use fee
           of $25. Proceeds from the Live the Dream specialty license plate are distributed to the Dream
           Foundation, Inc., which retained the first $60,000 in proceeds from the annual use fees as
           reimbursement for administrative costs, startup costs, and costs incurred in the specialty license plate
           approval process. After those costs are reimbursed, up to 25 percent of the proceeds must be used for
           continuing promotion and marketing of the license plate and concept. The remaining funds must be
           distributed as follows:
                Twenty-five percent equally among the sickle cell organizations that are Florida members of the
                   Sickle Cell Disease Association of America, Inc., for programs providing research, care, and
                   treatment for sickle cell disease.
                Twenty-five percent to the Florida chapter of the March of Dimes for programs and services
                   improving the health of babies through preventing birth defects and infant mortality.
                Ten percent to the Florida Association of Healthy Start Coalitions to decrease racial disparity in
                   infant mortality and to increase healthy birth outcomes. Funding will be used by local Healthy
                   Start Coalitions to provide services and increase screening rates for high-risk pregnant women,
                   children under four years of age, and women of childbearing age.
                Ten percent to the Community Partnership for Homeless, Inc., for programs that provide relief
                   from poverty, hunger, and homelessness.
                Five percent to the Dream Foundation, Inc., for administrative costs directly associated with
                   operations relating to the management and distribution of the proceeds.

           Effect of Proposed Changes
           The bill revises the distribution of funds for the Live the Dream specialty license plate. The bill provides
           that the proceeds from the annual use fees are distributed to the Dream Foundation, Inc., to be used as
           follows:
                 Up to 5 percent may be used to administer, promote, and market the license plate.
                 At least 60 percent must be distributed equally among the sickle cell organizations that are
                   Florida members of the Sickle Cell Disease Association of America, Inc.
                 At least 30 percent must be distributed to Chapman Partnership, Inc.47
                 Up to 5 percent may be distributed by DHSMV on behalf of The Dream Foundation, Inc. to the
                   Martin Luther King, Jr. Center for Nonviolent Social Change, Inc., as a royalty for the use of the
                   image of Dr. Martin Luther King, Jr.

           In God We Trust License Plate

           Present Situation
           Section 320.08058(66), F.S., creates the In God We Trust specialty license plate with an annual use
           fee of $25. The annual use fees are distributed to the In God We Trust Foundation, Inc., to fund
           educational scholarships for the children of Florida residents who are members of the United States
           Armed Forces, the National Guard, and the United States Armed Forces Reserve and for the children
           of public safety employees who have died in the line of duty who are not covered by existing state law.
           In addition, funds must be distributed to other non-profit organizations that may apply for grants and
           scholarships and to provide educational grants to public and private schools to promote the historical
           and religious significance of American and Florida history. The In God We Trust Foundation, Inc., must
           distribute the license plate annual use fees in the following manner:
                The In God We Trust Foundation, Inc., retains all revenues from the sale of the license plates
                   until all startup costs for developing and establishing the license plate have been recovered.



47
     In 2011, Community Partnership for the Homeless changed its name to Chapman Partnership.
STORAGE NAME: h1135.TIS                                                                                         PAGE: 8
DATE: 1/16/2020
                 Ten percent of the funds received by the In God We Trust Foundation, Inc., must be spent on
                  administrative costs, promotion, and marketing of the license plate directly associated with the
                  operations of the In God We Trust Foundation, Inc.
                 All remaining funds must be expended by the In God We Trust Foundation, Inc., for programs.

         Effect of Proposed Changes
         The bill revises the distribution of the annual use fees to allow the foundation to use up to 10 percent of
         the proceeds to offset marketing, administration, and promotion, and the remainder of the proceeds to
         address the needs of the military community and the public safety community; provide educational
         grants and scholarships to foster self-reliance and stability in Florida’s children; and provide education
         in public and private schools regarding the historical significance of religion in American and Florida
         history.

         Fallen Law Enforcement Officer License Plate

         Present Situation
         Section 320.08058(80), F.S., creates the Fallen Law Enforcement Officers license plate with an annual
         use fee of $25. The annual use fees are distributed to the Police and Kids Foundation, Inc., which may
         use a maximum of 10 percent of the proceeds to promote and market the plate. The remainder of the
         proceeds must be used by the Police and Kids Foundation, Inc., to invest and reinvest, and the interest
         earnings must be used for the operation of the Police and Kids Foundation, Inc.

         Effect of Proposed Changes
         The bill maintains the 10 percent cap on the use of the proceeds for marketing the license plate, and
         requires that all remaining proceeds be used for the operations, activities, programs, and projects of the
         Police and Kids Foundation, Inc.

         Beat Childhood Cancer License Plate

         Present Situation
         Neuroblastoma (nb) is a cancer that affects children. It is among the most common childhood tumors,
         and typically affects children under five years old. The majority of childhood neuroblastoma cases are
         aggressive, showing survival rates of less than 60 percent with standard chemotherapy, and a 50
         percent relapse rate. Once relapsed, there is currently no curative treatment, and for those under five
         years old, the survival rate is less than 10 percent.48 Beat Nb’s mission is to support neuroblastoma
         cancer research and to raise awareness of the disease.49

         The Ryan Callahan Foundation’s goal is to give children battling cancer their families an exciting
         escapes their daily hardships.50

         Effect of Proposed Changes
         The bill creates the Beat Childhood Cancer specialty license plate, bearing DHSMV-approved colors
         and design. The word “Florida” appears at the top of the plate and “Beat Childhood Cancer” appears at
         the bottom of the plate. The annual use fees from the Beat Childhood Cancer license plate are to be
         distributed as follows:
              Seventy-five percent of the proceeds are distributed to Beat Nb, Inc., which may use up to 10
                 percent of its proceeds for administrative costs directly associated with the operation of the
                 corporation and for marketing and promoting the plate. All remaining proceeds must be used by
                 Beat Nb, Inc., to fund pediatric cancer treatment and research.
              Twenty-five percent of the proceeds are distributed to the Ryan Callahan Foundation, Inc., to be
                 used by the corporation to fund pediatric cancer treatment and research.

         Auburn University License Plate

48
   Beat Nb, Inc. Neuroblastoma, https://beatnb.org/neuroblastoma/ (Last visited Jan. 8, 2020).
49
   Beat Nb, Inc. Our Mission and Vison, https://beatnb.org/about-us/ (Last visited Jan. 8, 2020).
50
   Ryan Callahan Foundation, https://ryancallahanfoundation.org/ (Last visited Jan. 8, 2020)
STORAGE NAME: h1135.TIS                                                                                       PAGE: 9
DATE: 1/16/2020
         Present Situation
         The Tampa Bay Auburn Club is an officially chartered group of Auburn University Alumni and Friends.
         Its stated mission is to encourage more top Tampa Bay area students to attend Auburn University and
         to foster the spirit of Auburn University throughout the Tampa Bay Area.51 The Tampa Bay Auburn Club
         currently administers an endowed scholarship.52

         Effect of Proposed Changes
         The bill creates the Auburn University specialty license plate, bearing DHSMV-approved colors and
         design. The word “Florida” appears at the top of the plate and “War Eagle” appears at the bottom of the
         plate. The bill distributes the annual use fees from the Auburn University specialty license plates to the
         Tampa Bay Auburn Club for awarding scholarships to Florida residents attending Auburn University.
         Students receiving these scholarships must be eligible for the Florida Bright Futures Scholarship
         Program53 and must use the scholarship funds for tuition and other expenses related to attending
         Auburn University.

         Ducks Unlimited License Plate

         Present Situation
         Ducks Unlimited is a waterfowl and wetlands conservation organization founded in 1937. The mission
         of Ducks Unlimited is habitat conservation.54 Since 1985, Ducks Unlimited has worked to conserve
         more than 29,000 acres of Florida wetlands.55

         Effect of Proposed Changes
         The bill creates a Ducks Unlimited license plate, bearing DHSMV-approved colors and design. The
         word “Florida” appears at the top of the plate and “Conserving Florida Wetlands” appears at the bottom
         of the plate. The annual use fee is distributed to Ducks Unlimited, Inc., to be used as follows:
              Up to 5 percent of the proceeds may be used for administrative costs and marketing of the
                 plate.
              At least 95 percent of the proceeds must be used in Florida to support Ducks Unlimited’s
                 mission and efforts to conserve, restore, and manage Florida wetlands and associated habitats
                 for the benefit of waterfowl, other wildlife, and people.

         Donate Life Florida License Plate

         Present Situation
         Donate Life Florida is a non-profit organization contracted by the Agency for Health Care Administration
         to create the state’s organ, tissue, and eye donor registry.56

         Effect of Proposed Changes
         The bill creates the Donate Life Florida license plate, bearing DHSMV-approved colors and design. The
         word “Florida” appears at the top of the plate, and “Donors Save Lives” appears at the bottom of the
         plate. The annual use fees from the Donate Life Florida license plate are distributed to Donate Life
         Florida, which may use up to 10 percent of the proceeds for marketing and administrative costs. All
         remaining proceeds must be used by Donate Life Florida to educate Florida residents on the
         importance of organ, tissue, and eye donation and for the continued maintenance of the Joshua Abbott
         Organ and Tissue Donor Registry, which is Florida’s official donor registry.

         Florida State Beekeepers Association License Plate

51
   Tampa Bay Auburn Club, Inc., Tampa Bay Auburn Club, http://tampabayauburnclub.com/ (Last visited Jan. 8, 2020).
52
  Tampa Bay Auburn Club, Scholarships, http://tampabayauburnclub.com/scholarships/ (Last visited Jan.8, 2020)
53
   The Florida Bright Futures Scholarship Program is created pursuant to s. 1009.531, F.S.
54
   Ducks Unlimited, About Ducks Unlimited, https://www.ducks.org/About-DU?po=footer-m (last visited Jan. 8, 2020).
55
   Ducks Unlimited, Florida Conservation Projects, http://www.ducks.org/florida/florida-conservation-projects (Last visited Jan. 8,
2020).
56
   Donate Life Florida, About the Joshua Abbott Organ and Tissue Donor Registry, https://www.donatelifeflorida.org/about/ (Last
visited Jan. 8, 2020).
STORAGE NAME: h1135.TIS                                                                                                      PAGE: 10
DATE: 1/16/2020
        Present Situation
        The Florida State Beekeepers Association is dedicated to keeping Florida apiculture strong and healthy
        and is the major voice for the state's beekeeping industry. Its mission is to:
            Provide resources for the improvement of beekeeping by using proven techniques and
                procedures in the management of honeybees and shares this knowledge with everyone
                interested in the art of beekeeping.
            Promote the development of practical beekeeping methods in the state of Florida.
            Act in the interest of Florida beekeepers in advocating for and carrying on statewide beekeeping
                affairs.
            Act as a medium for and to aid in cooperative and mutual beekeeping methods.
            Act as the representative of the Florida beekeepers in state and national beekeeping affairs.57

        Effect of Proposed Changes
        The bill creates the Florida State Beekeepers Association specialty license plate, bearing DHSMV-
        approved colors and design. The word “Florida” appears at the top of the plate and “Save the Bees”
        appears at the bottom of the plate. The annual use fees from the sale of the Florida State Beekeepers
        license plate are distributed to the Florida States Beekeepers Association, which may use up to 10
        percent of the proceeds for administrative, promotional, and marketing costs of the plate. All remaining
        proceeds must be used to fund outreach and education to raise awareness of the importance of
        beekeeping to Florida agriculture, and to fund honeybee research and husbandry. The association’s
        board of managers must approve and is accountable for all such expenditures.

        Rotary License Plate

        Present Situation
        Rotary is a global network of 1.2 million neighbors, friends, leaders, and problem-solvers who come
        together to make positive, lasting change in communities at home and abroad.58 Founded in 1990, the
        Community Foundation of Tampa Bay is dedicated to helping individuals in Hillsborough, Pinellas,
        Pasco, and Hernando counties. The Foundation functions as a partnership between donors, nonprofits,
        community and business leaders, professional advisors, volunteers, and the residents of its four-county
        region.59

        Effect of Proposed Changes
        The bill creates the Rotary license plate, bearing DHSMV-approved colors and design. The word
        “Florida” appears at the top of the plate and “Rotary” appears at the bottom of the plate. The license
        plate will also bear the Rotary International wheel emblem.

        The annual use fees from the sale of the Rotary license plate are distributed to the Community
        Foundation of Tampa Bay, Inc., to be distributed as follows:
            Up to 10 percent of the proceeds for administrative costs and for marketing the plate;
            Ten percent of the proceeds are distributed to Rotary’s Camp Florida for direct support to all
              programs and services provided to special needs children who attend the camp; and
            All remaining proceeds are distributed, proportionally based on sales, to each Rotary district in
              the state to support Rotary youth programs in Florida.

        Florida Bay Forever License Plate

        Present Situation
        The Florida National Parks Association, Inc., (FNPA) is the official not for profit entity of Everglades
        National Park, Biscayne National Park, Dry Tortugas National Park, and Big Cypress National
        Preserve. The purpose of the FNPA is to generate additional revenues to help supplement the park
        service’s budget as well as support educational, interpretive, and historical and scientific research. The

57
   Florida State Beekeepers Association, https://flstatebeekeepers.com/ (Last visited Jan. 8, 2020).
58
   Rotary, Who We Are, https://www.rotary.org/en/about-rotary (Last visited Jan. 8, 2020).
59
   Community Foundation of Tampa Bay, What We Do, https://www.cftampabay.org/what-we-do/ (Last visited Jan. 8, 2020).
STORAGE NAME: h1135.TIS                                                                                                 PAGE: 11
DATE: 1/16/2020
        FNPA also operates bookstores within the parks to help generate revenues as well as providing a
        visitor information services function on behalf of the National Park Service.60

        Effect of Proposed Changes
        The bill creates the Florida Bay Forever license plate, bearing DHSMV-approved colors and design.
        The word “Florida” appears at the top of the plate and “Florida Bay Forever” appears at the bottom of
        the plate. The annual use fees from the sale of the Florida Bay Forever license plate are distributed to
        the FNPA, which may use up to 10 percent of the proceeds for administrative costs and marketing the
        plate. All remaining proceeds must be used to supplement the Everglades National Park budget and to
        support educational, interpretive, historical, and scientific research relating to the Everglades National
        Park.

        Bonefish and Tarpon Trust License Plate

        Present Situation
        The Bonefish and Tarpon Trust’s mission is to conserve and restore bonefish and tarpon fisheries and
        habitats through research, stewardship, education, and advocacy.61

        Effect of Proposed Changes
        The bill creates a Bonefish and Tarpon Trust license plate, bearing DHSMV-approved colors and
        designs. The word “Florida” appears at the top of the plate, and “Bonefish and Tarpon Trust” appears at
        the bottom of the plate. The annual use fees from the sale of the Bonefish and Tarpon Trust license
        plate are distributed to the Bonefish and Tarpon Trust, which may use up to 10 percent of the proceeds
        to promote and market the license plate. All remaining proceeds must be used to conserve and
        enhance Florida bonefish and tarpon fisheries and their respective environments through stewardship,
        research, education, and advocacy.

        Medical Professionals Who Care License Plate

        Present Situation
        Based in Gainesville, Florida Benevolent Group, Inc., assists students in obtaining a medical education
        through a college or certificate program. The organization’s desire is to offer assistance to individuals
        struggling to make it into school or to stay in school.62

        Effect of Proposed Changes
        The bill creates a Medical Professionals Who Care specialty license plate, bearing DHSMV-approved
        colors and design. The word “Florida” appears at the top of the plate and “Medical Professionals Who
        Care” appears at the bottom of the plate. The annual use fees from the sale of the Medical
        Professionals Who Care license plate are distributed to Florida Benevolent Group, Inc., which may use
        up to 10 percent of the proceeds for administrative costs, marketing, and promoting the plate. All
        remaining proceeds must be used to assist low-income individuals in obtaining a medical education
        and career through scholarships, support, and guidance.

        University of Georgia License Plate

        Present Situation
        Founded in 1946 as the Georgia Alumni Association of Jacksonville, the Georgia Bulldog Club of
        Jacksonville is America’s largest bulldog club.63 In 1988, the club established the Vince Dooley
        Scholarship Fund to award scholarships to attend the University of Georgia for students from Duval,
        Nassau, St. Johns, Clay, or Baker counties based on academic and economic need.64


60
   Florida National Parks Association Website, https://floridanationalparksassociation.com/ (Last visited Jan. 8, 2020).
61
   Bonefish and Tarpon Trust, BTT Mission, https://www.bonefishtarpontrust.org/btt-mission (Last visited Jan. 8, 2020).
62
   Florida Benevolent Group, About, https://www.floridabenevolentgroup.org/ (Last visited Jan. 8, 2020).
63
   Georgia Bulldog Club of Jacksonville, Welcome to the Home of the Georgia Bulldog Club of Jacksonville, https://jaxbulldogs.com/
(Last visited Jan. 8, 2020)
64
   Georgia Bulldog Club of Jacksonville, Scholarship, https://jaxbulldogs.com/scholarship-fund/ (Last visited Jan. 8, 2020).
STORAGE NAME: h1135.TIS                                                                                                   PAGE: 12
DATE: 1/16/2020
        Effect of Proposed Changes
        The bill creates a University of Georgia specialty license plate, bearing DHSMV-approved colors and
        design. The word “Florida” appears at the top of the plate and “University of Georgia” appears at the
        bottom of the plate. The annual use fees from the University of Georgia specialty license plate are
        distributed to the Georgia Bulldog Club of Jacksonville, which must distribute the proceeds received for
        awarding scholarships to Florida residents attending the University of Georgia. Students receiving the
        scholarship must be eligible for the Florida Bright Futures Scholarship Program and use the scholarship
        funds for tuition and other expenses related to attending the University of Georgia.

        Highwaymen License Plate

        Present Situation
        From the early 1950s through the 1980s, a group of 26 African-American artists, known as the "Florida
        Highwaymen," used vivid and bright colors to display the beautiful untouched Florida landscape. They
        painted from their garages and backyards on inexpensive Upson board and, on the weekends, traveled
        and sold their paintings to hotels, offices, businesses, and individuals who appreciated the artwork for
        approximately $25 apiece. Currently, the market for an original work of art by a Florida Highwayman
        can bring $5,000 or more. Some of the Highwaymen who are still living have resumed painting to meet
        the continuing demand for their work.65

        In 1984, the Florida Legislature authorized school districts to create local education foundations to raise
        private funds for programs to support students, teachers, and public schools in their respective districts.
        In 1990, the St. Lucie County Education Foundation was organized as a direct-support organization of
        the St. Lucie County School Board. The St. Lucie County Education Foundation is a non-profit
        organization that advances K-12 public education in St. Lucie County by increasing the capacity and
        resources of the district in partnership with key stakeholders.66

        Effect of Proposed Changes
        The bill creates a Highwaymen specialty license plate, bearing DHSMV-approved colors and design.
        The word “Florida” appears at the top of the plate and “Highwaymen” appears at the bottom of the
        plate. The annual use fees from the Highwaymen specialty license plate are distributed to the City of
        Fort Pierce, subject to a city resolution designating the city as the license plate’s fiscal agent. The city
        may use up to 10 percent of the fees for administrative costs and marketing the license plate and must
        use the remainder of the fees as follows:
             Before completion of the construction of the Highwaymen Museum and African-American
                Cultural Center, the city must distribute at least 15 percent of the proceeds to the St. Lucie
                Education Foundation, Inc., to fund art education and art projects in public schools within St.
                Lucie County. All remaining proceeds must be used by the city to fund the construction of the
                Highwaymen Museum and African-American Cultural Center.
             Upon completion of construction of the Highwaymen Museum and African American Cultural
                Center, the city must distribute at least 10 percent to the St. Lucie Education Foundation, Inc.,
                to fund area education and art projects within St. Lucie County. All remaining proceeds must be
                used by the city to fund the day-to-day operations of the Highwaymen Museum and African-
                American Cultural Center.

        Dan Marino Campus License Plate

        Present Situation
        Based in Fort Lauderdale, The Dan Marino Foundation, Inc., is a nonprofit organization dedicated to
        improving the lives of persons with autism or other developmental disabilities.67

        Effect of Proposed Changes


65
   Florida Highwaymen, available at http://www.floridahighwaymenpaintings.com/ (last visited Jan. 8, 2020).
66
   Education Foundation, About Us, available at https://www.educationfoundationstlucie.org/p/3/about-us#.WjFxDGhSyUk (Last
visited Jan. 8, 2020).
67
   Dan Marino Foundation Website. https://danmarinofoundation.org/ (Last visited Jan. 8, 2020).
STORAGE NAME: h1135.TIS                                                                                               PAGE: 13
DATE: 1/16/2020
        The bill creates a Dan Marino Campus license plate, bearing DHSMV-approved colors and design. The
        word “Florida” appears at the top of the plate and “Marino Campus” appears at the bottom of the plate.
        The annual use fees from the sale of the Dan Marino Campus license plate are distributed to the Dan
        Marino Foundation, Inc., which may use up to 10 percent of the proceeds for administrative costs and
        marketing the plate. All remaining proceeds must be used to assist Floridians with developmental
        disabilities in becoming employed, independent, and productive; to promote awareness of such
        services; and to promote and fund education scholarships related to such services.

        Orlando City Soccer License Plate

        Present Situation
        Section 320.08058(9), F.S., provides that Florida Professional Sports Team license plates must bear
        DHSMV-approved colors and design and must include the official league or team logo or both, as
        appropriate, for each team. The word “Florida” must appear at the top of the plate. The annual use fee
        is distributed as follows:
             Fifty-five percent of the proceeds must be deposited into the Professional Sports Development
                 Trust Fund within the Department of Economic Opportunity (DEO), to be used solely to attract
                 and support major sports events in this state.
             The remaining proceeds must be allocated to Enterprise Florida, Inc. and must be deposited
                 into the Professional Sports Development Trust Fund within DEO. These funds must be used by
                 Enterprise Florida, Inc., to:
                     o Promote the economic development of the sports industry;
                     o Distribute licensing and royalty fees to participating professional sports teams;
                     o Promote education programs in Florida schools that provide an awareness of the
                         benefits of physical activity and nutrition standards;
                     o Partner with the Department of Education and the Department of Health to develop a
                         program that recognizes schools whose students demonstrate excellent physical fitness
                         or fitness improvement;
                     o Institute a grant program for communities bidding on minor sporting events that create
                         an economic impact for the state;
                     o Distribute funds to Florida-based charities designated by Enterprise Florida, Inc., and the
                         participating professional sports teams; and
                     o Fulfill the sports promotion responsibilities of DEO.

        The proceeds from the Professional Sports Development Trust Fund may be used for operational
        expenses of Enterprise Florida, Inc., and financial support of the Sunshine State Games.

        There are nine Florida Professional Sports Team specialty license plates available for purchase:
        Florida Panthers, Miami Heat, Tampa Bay Buccaneers, Jacksonville Jaguars, Miami Marlins, Tampa
        Bay Lightning, Miami Dolphins, Orlando Magic, and Tampa Bay Rays.68

        Orlando City Soccer Club was formed in 2010 and was awarded a Major League Soccer franchise in
        November 2013.69

        Effect of Proposed Changes
        The bill creates an Orlando City Soccer Club specialty license plate, bearing DHSMV-approved colors
        and design. The new license plates will display the word “Florida” at the top of the plate and must
        include the official league or team logo, or both. The annual use fee from the Orlando City Soccer
        specialty license plate is distributed pursuant to the distribution of Florida Professional Sports Team
        license plates provided in current law.

        Coastal Conservation Association License Plate



68
   Department of Highway Safety and Motor Vehicles, Specialty License Plates, available at: https://www.flhsmv.gov/motor-vehicles-
tags-titles/personalized-specialty-license-plates/specialty-license-plates/ (Last visited Jan. 14, 2019).
69
   Orlando City Soccer Club Website, History, https://www.orlandocitysc.com/club/history (Last visited Jan. 8, 2020).
STORAGE NAME: h1135.TIS                                                                                                  PAGE: 14
DATE: 1/16/2020
         Present Situation
         Coastal Conservation Association Florida (CCAF) is a statewide, non-profit marine organization
         working in an advocacy role to protect the state’s marine resources and the interests of saltwater
         anglers. It is comprised of 30 local chapters from Key West to Pensacola and it supports resource-
         based law enforcement, access to recreational fishing, and fishery regulations to protect state and
         federal fish stocks. CCAF is one of the 17 state chapters of the Coastal Conservation Association.70

         Effect of Proposed Changes
         The bill directs DHSMV to develop the Coastal Conservation Association specialty license plate bearing
         DHSMV-approved colors and design. The new license plates will display the word “Florida” at the top of
         the plate and “Conserve Florida’s Fisheries” at the bottom of the plate. The annual use fee is distributed
         to CCAF to support the mission and efforts of CCAF for habitat enhancement and restoration, saltwater
         fisheries conservation, and education; to advise the public on the conservation of marine resources;
         and to promote and enhance the present and future availability of those coastal resources for the
         benefit and enjoyment of the public. CCAF may use up to 10 percent of the proceeds for administrative
         costs and up to 10 percent of the proceeds to promote and market the plate.

         Daughters of the American Revolution License Plate

         Present Situation
         The National Society Daughters of the American Revolution (DAR) was founded October 11, 1890, by
         a group of women in Washington, D.C., because of being excluded from the men’s organizations to
         celebrate the women’s ancestors who fought during the Revolutionary War. The objectives of the DAR
         are to continue the memory and spirit of men and women who achieved America’s independence, to
         educate the public, and to foster patriotism and love of county. Since its founding in 1890, DAR has
         admitted more than 950,000 members.71

         Effect of Proposed Changes
         The bill creates the Daughters of the American Revolution license plate. The license plate must bear
         the DHSMV-approved colors and design. The word “Florida” appears at the top of the plate and
         “Daughters of the American Revolution” appears at the bottom of the plate. The annual use fees are
         distributed to the Daughters of the American Revolution. Up to 10 percent of the proceeds may be used
         for promoting and marketing the plate. The remainder of the proceeds must be used by the
         organization to promote patriotism, preserve American history, and secure America’s future through
         educational programs for local public and private K-12 students and scholarships and other educational
         funding for underprivileged children.

         Gadsden Flag License Plate

         Present Situation
         During the American Revolution, Colonel Christopher Gadsden of South Carolina had seen and liked a
         bright yellow banner with a hissing, coiled rattlesnake rising up in the center, and beneath the serpent
         the same words that appeared on the Striped Rattlesnake Flag - Don't Tread On Me. Colonel Gadsden
         made a copy of this flag and submitted the design to the Provincial Congress in South Carolina72

         The Florida Veterans Foundation is the direct support organization of the Florida Department of
         Veterans’ Affairs. The Foundation’s mission is to provide educational and outreach programs that will
         seek out and help veterans with suicide prevention and veterans with an opioid addiction recovery,
         provide a statewide veterans charity registry, and register veterans for U.S. Department of Veterans
         Affairs benefits.73

         Effect of Proposed Changes

70
   Coastal Conservation Association Florida, https://www.ccaflorida.org/ (Last visited Jan. 8, 2020).
71
   Daughters of the American Revolution, DAR History, https://www.dar.org/national-society/about-dar/dar-history (last visited
January 8, 2020).
72
   http://www.usflag.org/history/gadsden.html (Last visited Jan. 8, 2020).
73
   Florida Veterans Foundation, About Florida Veterans Foundation, https://helpflvets.org/about/ (Last visited Jan. 14, 2020).
STORAGE NAME: h1135.TIS                                                                                                     PAGE: 15
DATE: 1/16/2020
        The bill creates the Gadsden Flag license plate, which must replicate the color, layout, and design of
        the Gadsden Flag. The word "Florida" must appear at the top of the plate, and the words "Don't Tread
        on Me" must appear at the bottom of the plate. The annual use fees are distributed to the Florida
        Veterans Foundation, Inc., and must be used to benefit veterans. Up to 10 percent of the proceeds may
        be used for continuing promotion and marketing of the license plate.

        America the Beautiful License Plate

        Present Situation
        The America the Beautiful Fund is the fictitious name of Live Laugh Love Give, Inc.74 Based in Tampa,
        this organization is a registered Florida nonprofit corporation. 75 The mission statement of Live Laugh
        Love Give, Inc., is “[e]mpowering children and families against dependency. Animal assistance,
        sanctuaries, and wildlife preservation. Education grants to better the world. Enhancing lives of military
        families.”76

        Effect of Proposed Changes
        The bill creates the America the Beautiful license plate, bearing DHSMV-approved design and colors.
        The word “Florida” appears at the top of the plate and “America the Beautiful” appears at the bottom of
        the plate. The annual use fees are distributed to the America the Beautiful Fund to be used as follows:
             Ten percent to offset administrative, marketing, and promotion costs.
             Ninety percent for projects and programs teaching character, leadership, and service to Florida
                youth; the provision of support services and assistance to the military community; outdoor
                education advancing self-sufficiency; wildlife conservation; the maintenance of historic or
                culturally important sites, buildings, structures, or objects; and the development and modification
                of playgrounds, recreational areas, or other outdoor amenities, including disability access.

        University of Alabama License Plate

        Present Situation
        The Pensacola Bama Club is non-profit, fan-based organization representing the University of Alabama
        National Alumni Association in Pensacola, Florida. The Bama Club is open to alumni, friends and fans
        of the University of Alabama. One of the organization’s primary missions is to provide scholarships to
        deserving local high school students.77

        Effect of Proposed Changes
        The bill creates a University of Alabama specialty license plate, bearing DHSMV-approved colors and
        design. The word “Florida” appears at the top of the plate and “University of Alabama” appears at the
        bottom of the plate. The annual use fees from the University of Alabama specialty license plate are
        distributed to the Pensacola Bama Club, which use the proceeds for the purpose of awarding
        scholarships to Florida residents attending the University of Alabama. The proceeds must be deposited
        in the statutorily required endowment.78 Students receiving the scholarship must be eligible for the
        Florida Bright Futures Scholarship Program and use the scholarship funds for tuition and other
        expenses related to attending the University of Alabama.

        Preserve Vision

        Present Situation
        Preserve Vision Florida, formerly Prevent Blindness Florida, is a non-profit organization offering vision
        education and services to Florida’s children and adults. Its focus is promoting a lifetime of healthy
        vision care through advocacy, education, screening, and research. Its mission is to promote healthy
        vision through vision awareness and education, vision screening, assistance to receive medical eye


74
   Department of State, Sunbiz.org, Fictitious Name Detail, America the Beautiful Fund, Registration No. G15000109272.
75
   Department of State, Sunbiz.org, Detail by Entity Name, Live Laugh Love Give, Inc., Document No. N15000007314.
76
   See Live Laugh Love website, About Us, https://www.livelaughlove.com/give (Last visited Jan .14, 2020).
77
   Pensacola Bama Club, About, https://www.pensacolabamaclub.org/about (Last visited Jan. 14, 2020)
78
   The endowment is required by s. 320.08056(12), F.S.
STORAGE NAME: h1135.TIS                                                                                                  PAGE: 16
DATE: 1/16/2020
       care, and advocacy for vision and medical eye care health service.79 In May 2016, the organization
       Prevent Blindness Florida changed its name to Preserve Vision Florida.80

       The annual use fee is distributed to The Able Trust as custodial agent. After paying administrative
       costs, The Able Trust distributes 20 percent of the proceeds to Prevent Blindness Florida.81

       Effect of Proposed Changes
       The bill changes the statutory reference from “Prevent Blindness Florida” to “Preserve Vision Florida” to
       reflect the change in the organization’s name.

       Special License Plates for Former Federal and State Legislators

       Present Situation
       Section 320.0807, F.S., provides for special license plates for the Governor and federal and state
       legislators. Section 320.0807(5), F.S., provides that upon application by any current or former President
       of the Senate or current or former Speaker of the House of Representatives, and payment of the
       appropriate fees,82 DHSMV may issue a license plate stamped “Senate President” or “House Speaker”
       followed by the number assigned by DHSMV or chosen by the applicant if it is not already in use.

       Upon application by any former member of Congress or former member of the state Legislature and
       payment of the appropriate registration fees, plus a one-time fee of $500, DHSMV may issue a former
       member of Congress, State Senator, or State Representative a license plate stamped “Retired
       Congress,” “Retired Senate,” or “Retired House,” as appropriate, for a vehicle owned by the former
       member. To qualify for a Retired Congress, Retired Senate, or Retired House prestige license plate, a
       former member must have served at least four years as a member of Congress, State Senator, or State
       Representative. Four hundred fifty dollars of the one-time $500 fee collected is distributed to the Florida
       Historic Capitol’s direct-support organization83 to benefit the Florida Historic Capitol Museum, and the
       remaining $50 is deposited into the Highway Safety Operating Trust Fund.

       Effect of Proposed Changes
       The bill repeals the authorization for the “Senate President” or “House Speaker” special license plate
       and special license plates for former members of Congress, former State Senators, and former State
       Representatives. Current members of Congress and legislators would still be authorized to receive
       special license plates indicating he or she is a member of Congress, State Senator, or State
       Representative.

       Military Special License Plates

       Present Situation
       There are currently 21 special use license plates for motor vehicles authorized in s. 320.089, F.S.
       These special license plates are available to military service members or veterans for various types of
       service. Examples of military service special license plates include Veteran of the U.S. Armed Forces,
       World War II Veteran, and Woman Veteran. While anyone who pays the appropriate fees may
       purchase most specialty license plates, one must provide proof of eligibility to obtain a special license
       plate.

       Special license plates are each stamped with words consistent with the type of special license plate
       issued. A likeness of the related campaign medal or badge appears on the plate followed by the license
       plate serial number.


79
   Preserve Vision Florida Website, http://pvfla.org/about-us/ (Last visited Jan. 8, 2020).
80
   Department of State, Division of Corporations – Sunbiz.org, Preserve Vision Florida, Inc. (May 4, 2016),
http://search.sunbiz.org/Inquiry/CorporationSearch/ConvertTiffToPDF?storagePath=COR%5C2016%5C0509%5C84865905.Tif&doc
umentNumber=706503 (last visited Jan. 8, 2020).
81
   Section 320.08068(4), F.S.
82
   The fees are prescribed in s. 320.0805, F.S.,
83
   The Florida Historic Capitol direct support organization is established pursuant to s. 272.136, F.S.
STORAGE NAME: h1135.TIS                                                                                     PAGE: 17
DATE: 1/16/2020
        Applicants for special license plates are required to pay the annual license tax84 with the exception of
        certain disabled veterans who qualify for the Pearl Harbor, Purple Heart, or Prisoner of War plate, to
        whom such plates are issued at no cost.85 The first $100,000 in general revenue annually generated
        from the issuance of special use plates is deposited into the Grants and Donations Trust Fund under
        the Veterans’ Nursing Homes of Florida Act.86 Any additional general revenue is deposited into the
        State Homes for Veterans Trust Fund and used to construct, operate, and maintain domiciliary and
        nursing homes for veterans.87

        There are currently no special license plates authorized for motorcycles.

        Purple Heart
        The Purple Heart is awarded to members of the U.S. Armed Forces who are wounded by an instrument
        of war in the hands of the enemy and posthumously to the next of kin in the name of those who are
        killed in action or die of wounds received in action.88

        Bronze Star
        The Bronze Star Medal is awarded to any person who, after December 6, 1941, while serving in any
        capacity with the U.S. Armed Forces, distinguishes himself or herself by heroic or meritorious
        achievement or service not involving participation in aerial flight.89

        Effect of Proposed Changes
        The bill creates the Purple Heart motorcycle special license plate. Upon application to DHSMV and
        payment of the motorcycle license tax,90 a resident who owns or leases a motorcycle that is not used
        for-hire or commercial use must be issued a Purple Heart motorcycle license plate if he or she provides
        documentation acceptable to DHSMV that he or she is a recipient of the Purple Heart medal. The
        Purple Heart motorcycle special license plate will be stamped with the term “Combat-wounded
        Veteran.” The license plate may have the term “Purple Heart” stamped on the plate and the likeness of
        the Purple Heart Medal stamped on the license plate.

        The bill authorizes DHSMV to create the Bronze Star special use license plate for recipients of the
        Bronze Star medal who provide proof of their qualification. The license plate will be stamped with the
        term “Bronze Star” and a likeness of the related campaign medal. Revenue generated from the sale of
        the Bronze Star special use license plate will be administered the same as the existing special use
        license plates, and deposited into the Grants and Donations Trust Fund and the State Homes for
        Veterans Trust Fund to support the State Veterans Homes Program.

     B. SECTION DIRECTORY:
        Section 1 amends s. 320.06, F.S., relating to registration certificates, license plates, and validation
        stickers.

        Section 2 amends s. 320.0657, F.S., relating to permanent registration for fleet license plates.

        Section 3 amends s. 320.08, F.S., relating to license taxes.

        Section 4 amends s. 320.08053, F.S., relating to the establishment of specialty license plates.

        Section 5 amends s. 320.08056, F.S., relating to specialty license plates.

        Section 6 amends s. 320.08056, F.S., relating to specialty license plates, effective July 1, 2023.

84
   The annual license tax is provided in s. 320.08, F.S.
85
   Section 320.089(2)(a), F.S.
86
   Section 320.089(1)(b), F.S.
87
   Id.
88
   http://www.purpleheart.org/HistoryOrder.aspx (Last visited Jan. 8, 2020).
89
   Bronze Star Metal, https://www.thebalance.com/bronze-star-medal-3344939 (Last visited Jan. 8, 2020).
90
   The license tax is provided in s. 320.08, F.S.,
STORAGE NAME: h1135.TIS                                                                                      PAGE: 18
DATE: 1/16/2020
        Section 7 amends s. 320.08058, F.S., relating to specialty license plates.

        Section 8 amends s. 320.08062, F.S., relating to audits and attestations required; annual use fees of
        specialty license plates.

        Section 9 amends s. 320.08068, F.S., relating to motorcycle specialty license plates.

        Section 10 amends s. 320.0807, F.S., relating to special license plates for Governor and federal and
        state legislators.

        Section 11 creates s. 320.0875, F.S., relating to the Purple Heart special motorcycle license plate.

        Section 12 amends s. 320.089, F.S., relating to certain special license plates.

        Section 13 provides that except as otherwise expressly provided in this act, the act takes effect October
        1, 2020, but only if HB 387 or similar legislation takes effect.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
             Proceeds from the sale of the Orlando City Soccer Club specialty license plate will be deposited
             into the Professional Sports Development Trust Fund within DEO. To the extent that individuals
             choose to purchase this specialty license plate, there may be a positive, but indeterminate impact to
             the Professional Sports Development Trust Fund.

             General revenue collected from the sale of the Purple Heart Motorcycle plate and the Bronze Star
             plate will be deposited into the Grants and Donations Trust Fund and the State Homes for Veterans
             Trust Fund within the Department of Veterans’ Affairs. To the extent eligible individuals choose to
             purchase these plates, there may be an indeterminate, positive fiscal impact on the aforementioned
             trust funds.

             The Florida Historic Capitol Trust Fund and the Highway Safety Operating Trust Fund may see a
             reduction in revenues due to the repeal of the authorization for “Senate President” or “House
             Speaker” special license plates and special license plates for former Members of Congress, former
             State Senators, and former State Representatives. However, the amount of revenue is likely
             insignificant.

        2. Expenditures:
             According to DHSMV, creation or modification of specialty and special license plates require system
             programming to implement. Depending on the number of distributions tied to the plate, the amount
             of programming may vary as will the resources needed to complete the changes. The average
             specialty/special license plate with a single distribution requires approximately 200-250 hours of
             programming, at a rate of $35 to $40 per hour.91 Additional distributions generally require an
             additional five to 10 hours per distribution. The bill creates 19 new license plates and amends the
             distribution of some other license plates. However, based upon other provisions in the bill, not all
             new license plates will be created at the same time. Therefore, the negative fiscal impact




91
  Email from Kevin Jacobs, Deputy Director of Legislative Affairs, Department of Highway Safety and Motor Vehicles., RE., HBs
273/275 and 199/201, (January 24, 2019). Follow-up e-mail from Kevin Jacobs, Deputy Director of Legislative Affairs, Department of
Highway Safety and Motor Vehicles, RE. Specialty License Plate Fiscal. (August 12, 2019).
STORAGE NAME: h1135.TIS                                                                                                  PAGE: 19
DATE: 1/16/2020
               associated with DHSMV’s programming efforts is indeterminate, but likely insignificant, and can be
               absorbed within existing resources.

               DHSMV states the cost to perform an audit every three years of each specialty license plate may
               result in an insignificant workload impact that can be absorbed within existing resources.

       B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

           1. Revenues:
               The bill does not appear to have a fiscal impact on local government revenues.

           2. Expenditures:
               The bill does not appear to have a fiscal impact on local government expenditures.

       C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
           Organizations receiving specialty license plate revenue may experience additional revenues associated
           with the sale of specialty license plates.

       D. FISCAL COMMENTS:
           Current law prohibits the redesign of a specialty license plate unless the inventory of the license plate
           has been depleted. However, the organization may purchase the remaining inventory of the specialty
           license plate from DHSMV at the department’s cost.92 Special Olympics Florida may be required to
           purchase the remaining inventory of its specialty license plate at DHSMV’s cost prior to the authorized
           redesign of these license plates.

                                                   III. COMMENTS

       A. CONSTITUTIONAL ISSUES:

           1. Applicability of Municipality/County Mandates Provision:
              Not applicable. This bill does not appear to affect county or municipal governments.

           2. Other:
              None.

       B. RULE-MAKING AUTHORITY:
           This bill does not provide a grant or rulemaking authority, nor does it require rulemaking.

       C. DRAFTING ISSUES OR OTHER COMMENTS:
           Lines 162 through 172 of the bill require new specialty license plates awaiting issuance to be issued in
           the order they appear in s. 320.08056(4), F.S., which establishes the annual use fee for each specialty
           license plate. However, the bill, in lines 205 through 297, strike-through some of the license plate
           annual use fees, and PCS/HB 387, to which this bill is linked, creates a standard annual use fee of $25,
           unless a different annual use fee is specified in statute.

                                  IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.




92
     Section 320.08056(9), F.S.
STORAGE NAME: h1135.TIS                                                                                      PAGE: 20
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           HB 1135                                                                                               2020




    1                                         A bill to be entitled
    2                An act relating to license plates; amending s. 320.06,
    3                F.S.; providing an exception to the design of dealer
    4                license plates; amending s. 320.0657, F.S.; providing
    5                an exception to the design of fleet license plates;
    6                authorizing fleet companies to purchase specialty
    7                license plates in lieu of standard fleet license
    8                plates; requiring fleet companies to be responsible
    9                for certain costs; amending s. 320.08, F.S.;
10                   authorizing dealers to purchase specialty license
11                   plates in lieu of standard graphic dealer license
12                   plates; requiring dealers to be responsible for
13                   certain costs; amending s. 320.08053, F.S.; revising
14                   presale requirements for issuance of a specialty
15                   license plate; amending s. 320.08056, F.S.; allowing
16                   the Department of Highway Safety and Motor Vehicles to
17                   authorize dealer and fleet specialty license plates;
18                   providing requirements for such plates; deleting
19                   provisions relating to annual use fees for certain
20                   specialty license plates; revising provisions for
21                   discontinuing issuance of a specialty license plate;
22                   revising provisions relating to expenditure of annual
23                   use fees and interest earned therefrom; prohibiting
24                   annual use fees received by any entity from being used
25                   for certain purposes; requiring certain organizations

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        HB 1135                                                                                               2020




26                to establish endowments based in this state for
27                providing scholarships to Florida residents and to
28                provide documentation of consent to use certain
29                images; amending s. 320.08058, F.S.; revising the
30                design of the Special Olympics Florida specialty
31                license plate; deleting certain specialty license
32                plates; revising the distribution of annual use fees
33                for certain specialty license plates; directing the
34                department to develop certain specialty license
35                plates; providing for distribution and use of fees
36                collected from the sale of the plates; amending s.
37                320.08062, F.S.; directing the department to audit
38                certain organizations that receive funds from the sale
39                of specialty license plates; amending s. 320.08068,
40                F.S.; requiring distribution of a specified percentage
41                of motorcycle specialty license plate annual use fees
42                to Preserve Vision Florida; amending s. 320.0807,
43                F.S.; deleting provisions relating to special license
44                plates for certain federal and state legislators;
45                creating s. 320.0875, F.S.; providing for a special
46                motorcycle license plate to be issued to a recipient
47                of the Purple Heart; providing requirements for the
48                plate; amending s. 320.089, F.S.; providing for a
49                special license plate to be issued to a recipient of
50                the Bronze Star; providing contingent effective dates.

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        HB 1135                                                                                               2020




51
52      Be It Enacted by the Legislature of the State of Florida:
53
54                Section 1.       Paragraph (a) of subsection (3) of section
55      320.06, Florida Statutes, is amended to read:
56                320.06      Registration certificates, license plates, and
57      validation stickers generally.—
58                (3)(a)      Registration license plates must be made of metal
59      specially treated with a retroreflection material, as specified
60      by the department. The registration license plate is designed to
61      increase nighttime visibility and legibility and must be at
62      least 6 inches wide and not less than 12 inches in length,
63      unless a plate with reduced dimensions is deemed necessary by
64      the department to accommodate motorcycles, mopeds, or similar
65      smaller vehicles. Validation stickers must also be treated with
66      a retroreflection material, must be of such size as specified by
67      the department, and must adhere to the license plate. The
68      registration license plate must be imprinted with a combination
69      of bold letters and numerals or numerals, not to exceed seven
70      digits, to identify the registration license plate number. The
71      license plate must be imprinted with the word "Florida" at the
72      top and the name of the county in which it is sold, the state
73      motto, or the words "Sunshine State" at the bottom. Apportioned
74      license plates must have the word "Apportioned" at the bottom
75      and license plates issued for vehicles taxed under s.

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         HB 1135                                                                                               2020




76       320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have
77       the word "Restricted" at the bottom. License plates issued for
78       vehicles taxed under s. 320.08(12) must be imprinted with the
79       word "Florida" at the top and the word "Dealer" at the bottom
80       unless the license plate is a specialty license plate as
81       authorized in s. 320.08056. Manufacturer license plates issued
82       for vehicles taxed under s. 320.08(12) must be imprinted with
83       the word "Florida" at the top and the word "Manufacturer" at the
84       bottom. License plates issued for vehicles taxed under s.
85       320.08(5)(d) or (e) must be imprinted with the word "Wrecker" at
86       the bottom. Any county may, upon majority vote of the county
87       commission, elect to have the county name removed from the
88       license plates sold in that county. The state motto or the words
89       "Sunshine State" shall be printed in lieu thereof. A license
90       plate issued for a vehicle taxed under s. 320.08(6) may not be
91       assigned a registration license number, or be issued with any
92       other distinctive character or designation, that distinguishes
93       the motor vehicle as a for-hire motor vehicle.
94                 Section 2.       Paragraph (b) of subsection (2) of section
95       320.0657, Florida Statutes, is amended to read:
96                 320.0657        Permanent registration; fleet license plates.—
97                 (2)
98                 (b)     The plates, which shall be of a distinctive color,
99       shall have the word "Fleet" appearing at the bottom and the word
100      "Florida" appearing at the top unless the license plate is a

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         HB 1135                                                                                               2020




101      specialty license plate as authorized in s. 320.08056. The
102      plates shall conform in all respects to the provisions of this
103      chapter, except as specified herein. For additional fees as set
104      forth in s. 320.08056, fleet companies may purchase specialty
105      license plates in lieu of the standard fleet license plates.
106      Fleet companies shall be responsible for all costs associated
107      with the specialty license plate, including all annual use fees,
108      processing fees, fees associated with switching license plate
109      types, and any other applicable fees.
110                Section 3.        Subsection (12) of section 320.08, Florida
111      Statutes, is amended to read:
112                320.08       License taxes.—Except as otherwise provided herein,
113      there are hereby levied and imposed annual license taxes for the
114      operation of motor vehicles, mopeds, motorized bicycles as
115      defined in s. 316.003(4), tri-vehicles as defined in s. 316.003,
116      and mobile homes as defined in s. 320.01, which shall be paid to
117      and collected by the department or its agent upon the
118      registration or renewal of registration of the following:
119                (12)        DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
120      motor vehicle dealer, independent motor vehicle dealer, marine
121      boat trailer dealer, or mobile home dealer and manufacturer
122      license plate: $17 flat. For additional fees as set forth in s.
123      320.08056, dealers may purchase specialty license plates in lieu
124      of the standard graphic dealer license plates. Dealers shall be
125      responsible for all costs associated with the specialty license

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         HB 1135                                                                                               2020




126      plate, including all annual use fees, processing fees, fees
127      associated with switching license plate types, and any other
128      applicable fees.
129                Section 4.       Section 320.08053, Florida Statutes, is amended
130      to read:
131                320.08053       Establishment of Requirements for requests to
132      establish specialty license plates.—
133                (1)     If a specialty license plate requested by an
134      organization is approved by law, the organization must submit
135      the proposed art design for the specialty license plate to the
136      department, in a medium prescribed by the department, as soon as
137      practicable, but no later than 60 days after the act approving
138      the specialty license plate becomes a law.
139                (2)(a)      Within 120 days after following the specialty
140      license plate becomes becoming law, the department shall
141      establish a method to issue a specialty license plate voucher to
142      allow for the presale of the specialty license plate. The
143      processing fee as prescribed in s. 320.08056, the service charge
144      and branch fee as prescribed in s. 320.04, and the annual use
145      fee as prescribed in s. 320.08056 shall be charged for the
146      voucher. All other applicable fees shall be charged at the time
147      of issuance of the license plates.
148                (b)     Within 24 months after the presale specialty license
149      plate voucher is established, the approved specialty license
150      plate organization must record with the department a minimum of

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151      3,000 1,000 voucher sales, or in the case of an out-of-state
152      college or university license plate, 4,000 voucher sales, before
153      manufacture of the license plate may commence. If, at the
154      conclusion of the 24-month presale period, the minimum sales
155      requirement has requirements have not been met, the specialty
156      plate is deauthorized and the department shall discontinue
157      development of the plate and discontinue issuance of the presale
158      vouchers. Upon deauthorization of the license plate, a purchaser
159      of the license plate voucher may use the annual use fee
160      collected as a credit towards any other specialty license plate
161      or apply for a refund on a form prescribed by the department.
162                (3)(a)      New specialty license plates that have been
163      approved by law but are awaiting issuance under paragraph (b)
164      shall be issued in the order they appear in s. 320.08056(4)
165      provided that they have met the presale requirement. All other
166      provisions of this section must also be met before a specialty
167      license plate may be issued. If the next awaiting specialty
168      license plate has not met the presale requirement, the
169      department shall proceed in the order provided in s.
170      320.08056(4) to identify the next qualified specialty license
171      plate that has met the presale requirement. The department shall
172      cycle through the list in statutory order.
173                (b)     If the Legislature has approved 125 or more specialty
174      license plates, the department may not make any new specialty
175      license plates available for design or issuance until a

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176      sufficient number of plates are discontinued pursuant to s.
177      320.08056(8) such that the number of plates being issued does
178      not exceed 125. Notwithstanding s. 320.08056(8)(a), the 125-
179      license-plate limit includes license plates above the minimum
180      sales threshold and those exempt from that threshold.
181                Section 5.       Subsection (12) of section 320.08056, Florida
182      Statutes, is renumbered as subsection (13), subsections (2) and
183      (4), paragraph (a) of subsection (10), and subsection (11) are
184      amended, paragraphs (c) through (f) are added to subsection (8),
185      and a new subsection (12) is added to that section, to read:
186                320.08056       Specialty license plates.—
187                (2)(a)      The department shall issue a specialty license
188      plate to the owner or lessee of any motor vehicle, except a
189      vehicle registered under the International Registration Plan, a
190      commercial truck required to display two license plates pursuant
191      to s. 320.0706, or a truck tractor, upon request and payment of
192      the appropriate license tax and fees.
193                (b)     The department may authorize dealer and fleet
194      specialty license plates. With the permission of the sponsoring
195      specialty license plate organization, a dealer or fleet company
196      may purchase specialty license plates to be used on dealer and
197      fleet vehicles.
198                (c)     Notwithstanding s. 320.08058, a dealer or fleet
199      specialty license plate must include the letters "DLR" or "FLT"
200      on the right side of the license plate. Dealer and fleet

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201      specialty license plates must be ordered directly from the
202      department.
203                (4)     The following license plate annual use fees shall be
204      collected for the appropriate specialty license plates:
205                (a)     Manatee license plate, $25.
206                (a)(b)      Challenger/Columbia license plate, $25, except that
207      a person who that purchases 1,000 or more of such license plates
208      shall pay an annual use fee of $15 per plate.
209                (c)     Collegiate license plate, $25.
210                (b)(d)      Florida Salutes Veterans license plate, $15.
211                (e)     Florida panther license plate, $25.
212                (c)(f)      Florida United States Olympic Committee license
213      plate, $15.
214                (d)(g)      Florida Special Olympics license plate, $15.
215                (e)(h)      Florida educational license plate, $20.
216                (i)     Florida Professional Sports Team license plate, $25.
217                (f)(j)      Florida Indian River Lagoon license plate, $15.
218                (g)(k)      Invest in Children license plate, $20.
219                (h)(l)      Florida arts license plate, $20.
220                (m)     Bethune-Cookman University license plate, $25.
221                (i)(n)      Florida Agricultural license plate, $20.
222                (j)(o)      Police Athletic League license plate, $20.
223                (k)(p)      Boy Scouts of America license plate, $20.
224                (q)     Largemouth Bass license plate, $25.
225                (l)(r)      Sea Turtle license plate, $23.

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226                (m)(s)       Protect Wild Dolphins license plate, $20.
227                (t)     Barry University license plate, $25.
228                (n)(u)       Everglades River of Grass license plate, $20.
229                (v)     Keep Kids Drug-Free license plate, $25.
230                (w)     Florida Sheriffs Youth Ranches license plate, $25.
231                (x)     Conserve Wildlife license plate, $25.
232                (y)     Florida Memorial University license plate, $25.
233                (o)(z)       Tampa Bay Estuary license plate, $15.
234                (p)(aa)       Florida Wildflower license plate, $15.
235                (q)(bb)       United States Marine Corps license plate, $15.
236                (r)(cc)       Choose Life license plate, $20.
237                (s)(dd)       Share the Road license plate, $15.
238                (ee)        American Red Cross license plate, $25.
239                (ff)        United We Stand license plate, $25.
240                (gg)        Breast Cancer Research license plate, $25.
241                (hh)        Protect Florida Whales license plate, $25.
242                (ii)        Florida Golf license plate, $25.
243                (t)(jj)       Florida Firefighters license plate, $20.
244                (u)(kk)       Police Benevolent Association license plate, $20.
245                (v)(ll)       Military Services license plate, $15.
246                (mm)        Protect Our Reefs license plate, $25.
247                (w)(nn)       Fish Florida license plate, $22.
248                (oo)        Child Abuse Prevention and Intervention license
249      plate, $25.
250                (pp)        Hospice license plate, $25.

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         HB 1135                                                                                               2020




251                (qq)        Stop Heart Disease license plate, $25.
252                (x)(rr)       Save Our Seas license plate, $25, except that for
253      an owner purchasing the specialty license plate for more than 10
254      vehicles registered to that owner, the annual use fee shall be
255      $10 per plate.
256                (y)(ss)       Aquaculture license plate, $25, except that for an
257      owner purchasing the specialty license plate for more than 10
258      vehicles registered to that owner, the annual use fee shall be
259      $10 per plate.
260                (tt)        Family First license plate, $25.
261                (uu)        Wildlife Foundation of Florida license plate, $25.
262                (vv)        Live the Dream license plate, $25.
263                (ww)        Florida Food Banks license plate, $25.
264                (xx)        Discover Florida's Oceans license plate, $25.
265                (yy)        Family Values license plate, $25.
266                (zz)        Parents Make A Difference license plate, $25.
267                (aaa)        Support Soccer license plate, $25.
268                (bbb)        Kids Deserve Justice license plate, $25.
269                (ccc)        Animal Friend license plate, $25.
270                (ddd)        Future Farmers of America license plate, $25.
271                (eee)        Donate Organs-Pass It On license plate, $25.
272                (fff)        A State of Vision license plate, $25.
273                (ggg)       Homeownership For All license plate, $25.
274                (hhh)        Florida NASCAR license plate, $25.
275                (iii)        Protect Florida Springs license plate, $25.

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276                (jjj)       Trees Are Cool license plate, $25.
277                (kkk)       Support Our Troops license plate, $25.
278                (lll)       Florida Tennis license plate, $25.
279                (mmm)       Lighthouse Association license plate, $25.
280                (nnn)       In God We Trust license plate, $25.
281                (ooo)       Horse Country license plate, $25.
282                (ppp)       Autism license plate, $25.
283                (qqq)       St. Johns River license plate, $25.
284                (rrr)       Hispanic Achievers license plate, $25.
285                (sss)       Endless Summer license plate, $25.
286                (ttt)       Fraternal Order of Police license plate, $25.
287                (uuu)       Protect Our Oceans license plate, $25.
288                (vvv)       Florida Horse Park license plate, $25.
289                (www)       Florida Biodiversity Foundation license plate, $25.
290                (xxx)       Freemasonry license plate, $25.
291                (yyy)       American Legion license plate, $25.
292                (zzz)       Lauren's Kids license plate, $25.
293                (aaaa)       Big Brothers Big Sisters license plate, $25.
294                (bbbb)       Fallen Law Enforcement Officers license plate, $25.
295                (cccc)       Florida Sheriffs Association license plate, $25.
296                (dddd)       Keiser University license plate, $25.
297                (eeee)       Moffitt Cancer Center license plate, $25.
298                (8)
299                (c)     A vehicle owner or lessee issued a specialty license
300      plate that has been discontinued by the department may keep the

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301      discontinued specialty license plate for the remainder of the
302      10-year license plate replacement period and must pay all other
303      applicable registration fees. However, such owner or lessee is
304      exempt from paying the applicable specialty license plate annual
305      use fee under subsection (4) for the remainder of the 10-year
306      license plate replacement period.
307                (d)     If the department discontinues issuance of a specialty
308      license plate, all annual use fees held or collected by the
309      department shall be distributed within 180 days after the date
310      the specialty license plate is discontinued. Of those fees, the
311      department shall retain an amount sufficient to defray the
312      applicable administrative and inventory closeout costs
313      associated with discontinuance of the plate. All remaining
314      proceeds shall be distributed to the appropriate organization or
315      organizations pursuant to s. 320.08058.
316                (e)     If an organization that is the intended recipient of
317      the funds pursuant to s. 320.08058 no longer exists, the
318      department shall deposit any undisbursed proceeds into the
319      Highway Safety Operating Trust Fund.
320                (f)     Notwithstanding paragraph (a), on January 1 of each
321      year, the department shall discontinue the specialty license
322      plate with the fewest number of plates in circulation, including
323      license plates exempt from a statutory sales requirement. The
324      department shall mail a warning letter to the sponsoring
325      organizations of the 10 percent of specialty license plates with

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326      the lowest number of valid, active registrations as of December
327      1 of each year.
328                (10)(a)        A specialty license plate annual use fee collected
329      and distributed under this chapter, or any interest earned from
330      those fees, may not be used for commercial or for-profit
331      activities nor for general or administrative expenses, except as
332      authorized by s. 320.08058 or to pay the cost of the audit or
333      report required by s. 320.08062(1). The fees and any interest
334      earned from the fees may be expended only for use in this state
335      unless the annual use fee is derived from the sale of United
336      States Armed Forces and veterans-related specialty license
337      plates pursuant to paragraph (3)(d) for the Support Our Troops
338      and American Legion license plates; paragraphs (4)(b), (q), and
339      (v) for the Florida Salutes Veterans, United States Marine
340      Corps, and Military Services license plates, respectively;
341      paragraphs (4)(z), (aa), and (bb) for out-of-state college or
342      university license plates; paragraphs (4)(d), (bb), (ll), (kkk),
343      and (yyy) and s. 320.0891 for the U.S. Paratrooper license
344      plate.
345                (11)        The annual use fee from the sale of specialty license
346      plates, the interest earned from those fees, or any fees
347      received by any entity an agency as a result of the sale of
348      specialty license plates may not be used for the purpose of
349      marketing to, or lobbying, entertaining, or rewarding, an
350      employee of a governmental agency that is responsible for the

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351      sale and distribution of specialty license plates, or an elected
352      member or employee of the Legislature.
353                (12)        For out-of-state college or university license plates
354      created pursuant to this section, the recipient organization
355      shall:
356                (a)     Have established an endowment, based in this state,
357      for the purpose of providing scholarships to Florida residents
358      meeting the statutory requirements for that license plate.
359                (b)     Provide documentation acceptable to the department
360      that the organization and the department have the college's or
361      university's consent to use an appropriate image on a license
362      plate.
363                Section 6.        Effective July 1, 2023, paragraph (a) of
364      subsection (8) of section 320.08056, Florida Statutes, is
365      amended to read:
366                320.08056         Specialty license plates.—
367                (8)(a)       The department must discontinue the issuance of an
368      approved specialty license plate if the number of valid
369      specialty plate registrations falls below 3,000, or in the case
370      of an out-of-state college or university license plate, 4,000,
371      1,000 plates for at least 12 consecutive months. The department
372      shall mail a warning letter shall be mailed to the sponsoring
373      organization following the first month in which the total number
374      of valid specialty plate registrations is below 3,000, or in the
375      case of an out-of-state college or university license plate,

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         HB 1135                                                                                               2020




376      4,000, 1,000 plates. This paragraph does not apply to in-state
377      collegiate license plates established under s. 320.08058(3),
378      license plates of institutions in and entities of the State
379      University System, specialty license plates that have statutory
380      eligibility limitations for purchase, specialty license plates
381      for which annual use fees are distributed by a foundation for
382      student and teacher leadership programs and teacher recruitment
383      and retention, or Florida Professional Sports Team license
384      plates established under s. 320.08058(9).
385                Section 7.       Subsections (32) through (56), (58) through
386      (68), and (71) through (84) of section 320.08058, Florida
387      Statutes, are renumbered as subsections (31) through (55), (56)
388      through (66), and (67) through (80), respectively, paragraph (a)
389      of subsection (7), present subsection (31), paragraph (b) of
390      present subsection (35), present subsections (48), (57), (66),
391      (69), and (70), and paragraph (b) of present subsection (80) are
392      amended, and new subsections (81) through (99) are added to that
393      section, to read:
394                320.08058       Specialty license plates.—
395                (7)     SPECIAL OLYMPICS FLORIDA LICENSE PLATES.—
396                (a)     Special Olympics Florida license plates must contain
397      the official Special Olympics Florida logo and must bear the
398      colors and a design and colors that are approved by the
399      department. The word "Florida" must be centered at the top
400      bottom of the plate, and the words "Be a Fan" "Everyone Wins"

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         HB 1135                                                                                               2020




401      must be centered at the bottom top of the plate.
402                (31)        AMERICAN RED CROSS LICENSE PLATES.—
403                (a)     Notwithstanding the provisions of s. 320.08053, the
404      department shall develop an American Red Cross license plate as
405      provided in this section. The word "Florida" must appear at the
406      top of the plate, and the words "American Red Cross" must appear
407      at the bottom of the plate.
408                (b)     The department shall retain all revenues from the sale
409      of such plates until all startup costs for developing and
410      issuing the plates have been recovered. Thereafter, 50 percent
411      of the annual use fees shall be distributed to the American Red
412      Cross Chapter of Central Florida, with statistics on sales of
413      license plates, which are tabulated by county. The American Red
414      Cross Chapter of Central Florida must distribute to each of the
415      chapters in this state the moneys received from sales in the
416      counties covered by the respective chapters, which moneys must
417      be used for education and disaster relief in Florida. Fifty
418      percent of the annual use fees shall be distributed
419      proportionately to the three statewide approved poison control
420      centers for purposes of combating bioterrorism and other poison-
421      related purposes.
422                (34)(35)          FLORIDA GOLF LICENSE PLATES.—
423                (b)     The department shall distribute the Florida Golf
424      license plate annual use fee to the Dade Amateur Golf
425      Association, a nonprofit organization under s. 501(c)(3) of the

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426      Internal Revenue Code. The license plate annual use fees are to
427      be annually allocated as follows:
428                1.      Up to 15 percent of the proceeds from the annual use
429      fees may be used by the Dade Amateur Golf Association for the
430      administration of the Florida Junior Golf Program.
431                2.      The Dade Amateur Golf Association shall receive the
432      first $80,000 in proceeds from the annual use fees for the
433      operation of youth golf programs in Miami-Dade County.
434      Thereafter, 30 15 percent of the proceeds from the annual use
435      fees shall be provided to the Dade Amateur Golf Association for
436      the operation of youth golf programs in Miami-Dade County,
437      including expenditures necessary to comply with the Americans
438      with Disabilities Act.
439                3.      The remaining proceeds from the annual use fees shall
440      be available for grants to nonprofit organizations to operate
441      youth golf programs and for marketing the Florida Golf license
442      plates. All grant recipients shall be required to provide to the
443      Dade Amateur Golf Association an annual program and financial
444      report regarding the use of grant funds. Such reports shall be
445      made available to the public.
446                (47)(48)        LIVE THE DREAM LICENSE PLATES.—
447                (a)      The department shall develop a Live the Dream license
448      plate as provided in this section. Live the Dream license plates
449      must bear the colors and design approved by the department. The
450      word "Florida" must appear at the top of the plate, and the

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451      words "Live the Dream" must appear at the bottom of the plate.
452                (b)      The proceeds of the annual use fee shall be
453      distributed to the Dream Foundation, Inc., to The Dream
454      Foundation, Inc., shall retain the first $60,000 in proceeds
455      from the annual use fees as reimbursement for administrative
456      costs, startup costs, and costs incurred in the approval
457      process. Thereafter, up to 25 percent shall be used for
458      continuing promotion and marketing of the license plate and
459      concept. The remaining funds shall be used in the following
460      manner:
461                1.      Up to 5 percent may be used to administer, promote, and
462      market the license plate.
463                2.1.        At least 60 Twenty-five percent shall be distributed
464      equally among the sickle cell organizations that are Florida
465      members of the Sickle Cell Disease Association of America, Inc.,
466      for programs that provide research, care, and treatment for
467      sickle cell disease.
468                2.      Twenty-five percent shall be distributed to the Florida
469      chapter of the March of Dimes for programs and services that
470      improve the health of babies through the prevention of birth
471      defects and infant mortality.
472                3.      Ten percent shall be distributed to the Florida
473      Association of Healthy Start Coalitions to decrease racial
474      disparity in infant mortality and to increase healthy birth
475      outcomes. Funding will be used by local Healthy Start Coalitions

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476      to provide services and increase screening rates for high-risk
477      pregnant women, children under 4 years of age, and women of
478      childbearing age.
479                3.4.        At least 30 Ten percent shall be distributed to
480      Chapman the Community Partnership for Homeless, Inc., for
481      programs that provide relief from poverty, hunger, and
482      homelessness.
483                4.      Up to 5 percent may be distributed by the department on
484      behalf of The Dream Foundation, Inc., to The Martin Luther King,
485      Jr. Center for Nonviolent Social Change, Inc., as a royalty for
486      the use of the image of Dr. Martin Luther King, Jr.
487                5.      Five percent of the proceeds shall be used by the
488      foundation for administrative costs directly associated with
489      operations as they relate to the management and distribution of
490      the proceeds.
491                (57)        DONATE ORGANS-PASS IT ON LICENSE PLATES.—
492                (a)     The department shall develop a Donate Organs-Pass It
493      On license plate as provided in this section. The word "Florida"
494      must appear at the top of the plate, and the words "Donate
495      Organs-Pass It On" must appear at the bottom of the plate.
496                (b)     The annual use fees shall be distributed to Transplant
497      Foundation, Inc., and shall use up to 10 percent of the proceeds
498      from the annual use fee for marketing and administrative costs
499      that are directly associated with the management and
500      distribution of the proceeds. The remaining proceeds shall be

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501      used to provide statewide grants for patient services, including
502      preoperative, rehabilitative, and housing assistance; organ
503      donor education and awareness programs; and statewide medical
504      research.
505                (64)(66)        IN GOD WE TRUST LICENSE PLATES.—
506                (a)     The department shall develop an In God We Trust
507      license plate as provided in this section. However, the
508      requirements of s. 320.08053 must be met before the plates are
509      issued. In God We Trust license plates must bear the colors and
510      design approved by the department. The word "Florida" must
511      appear at the top of the plate, and the words "In God We Trust"
512      must appear in the body of the plate.
513                (b)     The license plate annual use fees shall be distributed
514      to the In God We Trust Foundation, Inc., which may use up to 10
515      percent of the proceeds to offset marketing, administration, and
516      promotion, and the remainder of the proceeds to address the
517      needs of the military community and the public safety community;
518      provide educational grants and scholarships to foster self-
519      reliance and stability in Florida's children; and provide
520      education in to fund educational scholarships for the children
521      of Florida residents who are members of the United States Armed
522      Forces, the National Guard, and the United States Armed Forces
523      Reserve and for the children of public safety employees who have
524      died in the line of duty who are not covered by existing state
525      law. Funds shall also be distributed to other s. 501(c)(3)

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526      organizations that may apply for grants and scholarships and to
527      provide educational grants to public and private schools
528      regarding to promote the historical and religious significance
529      of religion in American and Florida history. The In God We Trust
530      Foundation, Inc., shall distribute the license plate annual use
531      fees in the following manner:
532                1.      The In God We Trust Foundation, Inc., shall retain all
533      revenues from the sale of such plates until all startup costs
534      for developing and establishing the plate have been recovered.
535                2.      Ten percent of the funds received by the In God We
536      Trust Foundation, Inc., shall be expended for administrative
537      costs, promotion, and marketing of the license plate directly
538      associated with the operations of the In God We Trust
539      Foundation, Inc.
540                3.      All remaining funds shall be expended by the In God We
541      Trust Foundation, Inc., for programs.
542                (69)        ST. JOHNS RIVER LICENSE PLATES.—
543                (a)      The department shall develop a St. Johns River license
544      plate as provided in this section. The St. Johns River license
545      plates must bear the colors and design approved by the
546      department. The word "Florida" must appear at the top of the
547      plate, and the words "St. Johns River" must appear at the bottom
548      of the plate.
549                (b)      The requirements of s. 320.08053 must be met prior to
550      the issuance of the plate. Thereafter, the license plate annual

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551      use fees shall be distributed to the St. Johns River Alliance,
552      Inc., a s. 501(c)(3) nonprofit organization, which shall
553      administer the fees as follows:
554                1.      The St. Johns River Alliance, Inc., shall retain the
555      first $60,000 of the annual use fees as direct reimbursement for
556      administrative costs, startup costs, and costs incurred in the
557      development and approval process. Thereafter, up to 10 percent
558      of the annual use fee revenue may be used for administrative
559      costs directly associated with education programs, conservation,
560      research, and grant administration of the organization, and up
561      to 10 percent may be used for promotion and marketing of the
562      specialty license plate.
563                2.      At least 30 percent of the fees shall be available for
564      competitive grants for targeted community-based or county-based
565      research or projects for which state funding is limited or not
566      currently available. The remaining 50 percent shall be directed
567      toward community outreach and access programs. The competitive
568      grants shall be administered and approved by the board of
569      directors of the St. Johns River Alliance, Inc. A grant advisory
570      committee shall be composed of six members chosen by the St.
571      Johns River Alliance board members.
572                3.      Any remaining funds shall be distributed with the
573      approval of and accountability to the board of directors of the
574      St. Johns River Alliance, Inc., and shall be used to support
575      activities contributing to education, outreach, and springs

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576      conservation.
577                (70)        HISPANIC ACHIEVERS LICENSE PLATES.—
578                (a)     Notwithstanding the requirements of s. 320.08053, the
579      department shall develop a Hispanic Achievers license plate as
580      provided in this section. The plate must bear the colors and
581      design approved by the department. The word "Florida" must
582      appear at the top of the plate, and the words "Hispanic
583      Achievers" must appear at the bottom of the plate.
584                (b)     The proceeds from the license plate annual use fee
585      shall be distributed to National Hispanic Corporate Achievers,
586      Inc., a nonprofit corporation under s. 501(c)(3) of the Internal
587      Revenue Code, to fund grants to nonprofit organizations to
588      operate programs and provide scholarships and for marketing the
589      Hispanic Achievers license plate. National Hispanic Corporate
590      Achievers, Inc., shall establish a Hispanic Achievers Grant
591      Council that shall provide recommendations for statewide grants
592      from available Hispanic Achievers license plate proceeds to
593      nonprofit organizations for programs and scholarships for
594      Hispanic and minority Floridians. National Hispanic Corporate
595      Achievers, Inc., shall also establish a Hispanic Achievers
596      License Plate Fund. Moneys in the fund shall be used by the
597      grant council as provided in this paragraph. All funds received
598      under this subsection must be used in this state.
599                (c)     National Hispanic Corporate Achievers, Inc., may
600      retain all proceeds from the annual use fee until documented

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601      startup costs for developing and establishing the plate have
602      been recovered. Thereafter, the proceeds from the annual use fee
603      shall be used as follows:
604                1.      Up to 5 percent of the proceeds may be used for the
605      cost of administration of the Hispanic Achievers License Plate
606      Fund, the Hispanic Achievers Grant Council, and related matters.
607                2.      Funds may be used as necessary for annual audit or
608      compliance affidavit costs.
609                3.      Up to 20 percent of the proceeds may be used to market
610      and promote the Hispanic Achievers license plate.
611                4.      Twenty-five percent of the proceeds shall be used by
612      the Hispanic Corporate Achievers, Inc., located in Seminole
613      County, for grants.
614                5.      The remaining proceeds shall be available to the
615      Hispanic Achievers Grant Council to award grants for services,
616      programs, or scholarships for Hispanic and minority individuals
617      and organizations throughout Florida. All grant recipients must
618      provide to the Hispanic Achievers Grant Council an annual
619      program and financial report regarding the use of grant funds.
620      Such reports must be available to the public.
621                (d)      Effective July 1, 2014, the Hispanic Achievers license
622      plate will shift into the presale voucher phase, as provided in
623      s. 320.08053(2)(b). National Hispanic Corporate Achievers, Inc.,
624      shall have 24 months to record a minimum of 1,000 sales. Sales
625      include existing active plates and vouchers sold subsequent to

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         HB 1135                                                                                               2020




626      July 1, 2014. During the voucher period, new plates may not be
627      issued, but existing plates may be renewed. If, at the
628      conclusion of the 24-month presale period, the requirement of a
629      minimum of 1,000 sales has been met, the department shall resume
630      normal distribution of the Hispanic Achievers license plate. If,
631      after 24 months, the minimum of 1,000 sales has not been met,
632      the department shall discontinue the Hispanic Achievers license
633      plate. This subsection is repealed June 30, 2016.
634                (76)(80)          FALLEN LAW ENFORCEMENT OFFICERS LICENSE PLATES.—
635                (b)     The annual use fees shall be distributed to the Police
636      and Kids Foundation, Inc., which may use up to a maximum of 10
637      percent of the proceeds for marketing to promote and market the
638      plate. All remaining The remainder of the proceeds shall be
639      distributed to and used by the Police and Kids Foundation, Inc.,
640      for its operations, activities, programs, and projects to invest
641      and reinvest, and the interest earnings shall be used for the
642      operation of the Police and Kids Foundation, Inc.
643                (81)        BEAT CHILDHOOD CANCER LICENSE PLATES.—
644                (a)     The department shall develop a Beat Childhood Cancer
645      license plate as provided in this section and s. 320.08053. The
646      plate must bear the colors and design approved by the
647      department. The word "Florida" must appear at the top of the
648      plate, and the words "Beat Childhood Cancer" must appear at the
649      bottom of the plate.
650                (b)     The annual use fees from the sale of the plate shall

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         HB 1135                                                                                               2020




651      be distributed as follows:
652                1.      Seventy-five percent of the proceeds shall be
653      distributed to Beat Nb, Inc., which may use up to 10 percent of
654      its proceeds for administrative costs directly associated with
655      the operation of the corporation and for marketing and promoting
656      the plate. All remaining proceeds shall be used by the
657      corporation to fund pediatric cancer treatment and research.
658                2.      Twenty-five percent of the proceeds shall be
659      distributed to the Ryan Callahan Foundation, Inc., a nonprofit
660      corporation under s. 501(c)(3) of the Internal Revenue Code. Its
661      proceeds shall be used by the corporation to fund pediatric
662      cancer treatment and research.
663                (82)        AUBURN UNIVERSITY LICENSE PLATES.—
664                (a)     The department shall develop an Auburn University
665      license plate as provided in this section and s. 320.08053. The
666      plate must bear the colors and design approved by the
667      department. The word "Florida" must appear at the top of the
668      plate, and the words "War Eagle" must appear at the bottom of
669      the plate.
670                (b)     The annual use fees from the sale of the plate shall
671      be distributed to the Tampa Bay Auburn Club, which must use the
672      proceeds for the purpose of awarding scholarships to Florida
673      residents attending Auburn University. Students receiving these
674      scholarships must be eligible for the Florida Bright Futures
675      Scholarship Program pursuant to s. 1009.531 and shall use the

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         HB 1135                                                                                               2020




676      scholarship funds for tuition and other expenses related to
677      attending Auburn University.
678                (83)        DUCKS UNLIMITED LICENSE PLATES.—
679                (a)      The department shall develop a Ducks Unlimited license
680      plate as provided in this section and s. 320.08053. The plate
681      must bear the colors and design approved by the department. The
682      word "Florida" must appear at the top of the plate, and the
683      words "Conserving Florida Wetlands" must appear at the bottom of
684      the plate.
685                (b)      The annual use fees from the sale of the plate shall
686      be distributed to Ducks Unlimited, Inc., a nonprofit corporation
687      under s. 501(c)(3) of the Internal Revenue Code, to be used as
688      follows:
689                1.      Up to 5 percent of the proceeds may be used for
690      administrative costs and marketing of the plate.
691                2.      At least 95 percent of the proceeds shall be used in
692      this state to support the mission and efforts of Ducks
693      Unlimited, Inc., to conserve, restore, and manage Florida
694      wetlands and associated habitats for the benefit of waterfowl,
695      other wildlife, and people.
696                (84)        DONATE LIFE FLORIDA LICENSE PLATES.—
697                (a)      The department shall develop a Donate Life Florida
698      license plate as provided in this section and s. 320.08053. The
699      plate must bear the colors and design approved by the
700      department. The word "Florida" must appear at the top of the

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701      plate, and the words "Donors Save Lives" must appear at the
702      bottom of the plate.
703                (b)     The annual use fees from the sale of the plate shall
704      be distributed to Donate Life Florida, which may use up to 10
705      percent of the proceeds for marketing and administrative costs.
706      All remaining proceeds from the annual use fees shall be used by
707      Donate Life Florida to educate Florida residents on the
708      importance of organ, tissue, and eye donation and for the
709      continued maintenance of the Joshua Abbott Organ and Tissue
710      Donor Registry.
711                (85)        FLORIDA STATE BEEKEEPERS ASSOCIATION LICENSE PLATES.—
712                (a)     The department shall develop a Florida State
713      Beekeepers Association license plate as provided in this section
714      and s. 320.08053. The plate must bear the colors and design
715      approved by the department. The word "Florida" must appear at
716      the top of the plate, and the words "Save the Bees" must appear
717      at the bottom of the plate.
718                (b)     The annual use fees shall be distributed to the
719      Florida State Beekeepers Association, a Florida nonprofit
720      corporation. The Florida State Beekeepers Association may use up
721      to 10 percent of the proceeds for administrative, promotional,
722      and marketing costs of the license plate.
723                (c)     All remaining proceeds shall be distributed to the
724      Florida State Beekeepers Association and shall be used to raise
725      awareness of the importance of beekeeping to Florida agriculture

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726      by funding honeybee research, education, outreach, and
727      husbandry. The Florida State Beekeepers Association board of
728      managers must approve and is accountable for all such
729      expenditures.
730                (86)        ROTARY LICENSE PLATES.—
731                (a)      The department shall develop a Rotary license plate as
732      provided in this section and s. 320.08053. The plate must bear
733      the colors and design approved by the department. The word
734      "Florida" must appear at the top of the plate, and the word
735      "Rotary" must appear on the bottom of the plate. The license
736      plate must bear the Rotary International wheel emblem.
737                (b)      The annual use fees shall be distributed to the
738      Community Foundation of Tampa Bay, Inc., to be used as follows:
739                1.      Up to 10 percent of the proceeds may be used for
740      administrative costs and for marketing of the plate.
741                2.      Ten percent of the proceeds shall be distributed to
742      Rotary's Camp Florida for direct support to all programs and
743      services provided to children with special needs who attend the
744      camp.
745                3.      All remaining proceeds shall be distributed,
746      proportionally based on sales, to each Rotary district in the
747      state in support of Rotary youth programs in Florida.
748                (87)        FLORIDA BAY FOREVER LICENSE PLATES.—
749                (a)      The department shall develop a Florida Bay Forever
750      license plate as provided in this section and s. 320.08053. The

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         HB 1135                                                                                               2020




751      plate must bear the colors and design approved by the
752      department. The word "Florida" must appear at the top of the
753      plate, and the words "Florida Bay Forever" must appear at the
754      bottom of the plate.
755                (b)     The annual use fees from the sale of the plate shall
756      be distributed to the Florida National Park Association, Inc.,
757      which may use up to 10 percent of the proceeds for
758      administrative costs and marketing of the plate. All remaining
759      proceeds shall be used to supplement the Everglades National
760      Park's budgets and to support educational, interpretive,
761      historical, and scientific research relating to the Everglades
762      National Park.
763                (88)        BONEFISH AND TARPON TRUST LICENSE PLATES.—
764                (a)     The department shall develop a Bonefish and Tarpon
765      Trust license plate as provided in this section and s.
766      320.08053. The plate must bear the colors and design approved by
767      the department. The word "Florida" must appear at the top of the
768      plate, and the words "Bonefish and Tarpon Trust" must appear at
769      the bottom of the plate.
770                (b)     The annual use fees from the sale of the plate shall
771      be distributed to the Bonefish and Tarpon Trust, which may use
772      up to 10 percent of the proceeds to promote and market the
773      license plate. All remaining proceeds shall be used to conserve
774      and enhance Florida bonefish and tarpon fisheries and their
775      respective environments through stewardship, research,

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         HB 1135                                                                                               2020




776      education, and advocacy.
777                (89)        MEDICAL PROFESSIONALS WHO CARE LICENSE PLATES.—
778                (a)     The department shall develop a Medical Professionals
779      Who Care license plate as provided in this section and s.
780      320.08053. The plate must bear the colors and design approved by
781      the department. The word "Florida" must appear at the top of the
782      plate, and the words "Medical Professionals Who Care" must
783      appear at the bottom of the plate.
784                (b)     The annual use fees from the sale of the plate shall
785      be distributed to Florida Benevolent Group, Inc., a Florida
786      nonprofit corporation, which may use up to 10 percent of the
787      proceeds for administrative costs, marketing, and promotion of
788      the plate. All remaining proceeds shall be used by Florida
789      Benevolent Group, Inc., to assist low-income individuals in
790      obtaining a medical education and career through scholarships,
791      support, and guidance.
792                (90)        UNIVERSITY OF GEORGIA LICENSE PLATES.—
793                (a)     The department shall develop a University of Georgia
794      license plate as provided in this section and s. 320.08053. The
795      plate must bear the colors and design approved by the
796      department. The word "Florida" must appear at the top of the
797      plate, and the words "The University of Georgia" must appear at
798      the bottom of the plate.
799                (b)     The annual use fees from the sale of the plate shall
800      be distributed to the Georgia Bulldog Club of Jacksonville,

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         HB 1135                                                                                               2020




801      which must use the proceeds for the purpose of awarding
802      scholarships to Florida residents attending the University of
803      Georgia. Students receiving these scholarships must be eligible
804      for the Florida Bright Futures Scholarship Program pursuant to
805      s. 1009.531 and shall use the scholarship funds for tuition and
806      other expenses related to attending the University of Georgia.
807                (91)        HIGHWAYMEN LICENSE PLATES.—
808                (a)      The department shall develop a Highwaymen license
809      plate as provided in this section and s. 320.08053. The plate
810      must bear the colors and design approved by the department. The
811      word "Florida" must appear at the top of the plate, and the word
812      "Highwaymen" must appear at the bottom of the plate.
813                (b)      The annual use fees shall be distributed to the City
814      of Fort Pierce, subject to a city resolution designating the
815      city as the fiscal agent of the license plate. The city may use
816      up to 10 percent of the proceeds for administrative costs and
817      marketing of the plate and shall use the remainder of the
818      proceeds as follows:
819                1.      Before completion of construction of the Highwaymen
820      Museum and African-American Cultural Center, the city shall
821      distribute at least 15 percent of the proceeds to the St. Lucie
822      Education Foundation, Inc., to fund art education and art
823      projects in public schools within St. Lucie County. All
824      remaining proceeds shall be used by the city to fund the
825      construction of the Highwaymen Museum and African-American

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826      Cultural Center.
827                2.      Upon completion of construction of the Highwaymen
828      Museum and African-American Cultural Center, the city shall
829      distribute at least 10 percent of the proceeds to the St. Lucie
830      Education Foundation, Inc., to fund art education and art
831      projects in public schools within St. Lucie County. All
832      remaining proceeds shall be used by the city to fund the day-to-
833      day operations of the Highwaymen Museum and African-American
834      Cultural Center.
835                (92)        DAN MARINO CAMPUS LICENSE PLATES.—
836                (a)      The department shall develop a Dan Marino Campus
837      license plate as provided in this section and s. 320.08053. The
838      plate must bear the colors and design approved by the
839      department. The word "Florida" must appear at the top of the
840      plate, and the words "Marino Campus" must appear at the bottom
841      of the plate.
842                (b)      The annual use fees from the sale of the plate shall
843      be distributed to the Dan Marino Foundation, a Florida nonprofit
844      corporation, which may use up to 10 percent of the proceeds for
845      administrative costs and marketing of the plate. All remaining
846      proceeds shall be used by the Dan Marino Foundation to assist
847      Floridians with developmental disabilities in becoming employed,
848      independent, and productive and to promote and fund education
849      scholarships and awareness of these services.
850                (93)        ORLANDO CITY SOCCER CLUB LICENSE PLATES.—

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851                (a)      The department shall develop an Orlando City Soccer
852      Club license plate as provided in paragraph (9)(a).
853                (b)      The annual use fees from the sale of the plate shall
854      be distributed and used as provided in paragraph (9)(b).
855                (94)        COASTAL CONSERVATION ASSOCIATION LICENSE PLATES.—
856                (a)      The department shall develop a Coastal Conservation
857      Association license plate as provided in this section and s.
858      320.08053. The plate must bear the colors and design approved by
859      the department. The word "Florida" must appear at the top of the
860      plate, and the words "Conserve Florida's Fisheries" must appear
861      at the bottom of the plate.
862                (b)      The annual use fees from the sale of the plate shall
863      be distributed to Coastal Conservation Association Florida, a
864      nonprofit corporation under s. 501(c)(3) of the Internal Revenue
865      Code, to be used as follows:
866                1.      Up to 10 percent of the proceeds may be used for
867      administrative costs.
868                2.      Up to 10 percent of the proceeds may be used to promote
869      and market the plate.
870                3.      All remaining proceeds shall be used to support the
871      mission and efforts of Coastal Conservation Association Florida
872      for habitat enhancement and restoration, saltwater fisheries
873      conservation, and education; to advise the public on the
874      conservation of marine resources; and to promote and enhance the
875      present and future availability of those coastal resources for

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         HB 1135                                                                                               2020




876      the benefit and enjoyment of the general public.
877                (95)        DAUGHTERS OF THE AMERICAN REVOLUTION LICENSE PLATES.—
878                (a)     The department shall develop a Daughters of the
879      American Revolution license plate as provided in this section
880      and s. 320.08053. The plate must bear the colors and design
881      approved by the department. The word "Florida" must appear at
882      the top of the plate, and the words "Daughters of the American
883      Revolution" must appear at the bottom of the plate.
884                (b)     The annual use fees from the sale of the plate shall
885      be distributed to the Daughters of the American Revolution, a
886      nonprofit organization under s. 501(c)(3) of the Internal
887      Revenue Code. Up to 10 percent of the proceeds may be used for
888      the promotion and marketing of the plate. The remainder of the
889      proceeds shall be used within this state by the Daughters of the
890      American Revolution, a nonpolitical volunteer women's service
891      organization, to promote patriotism, preserve American history,
892      and secure America's future through educational programs for
893      local public and private K-12 students and scholarships and
894      other educational funding for underprivileged children.
895                (96)        GADSDEN FLAG LICENSE PLATES.—
896                (a)     The department shall develop a Gadsden Flag license
897      plate as provided in this section and s. 320.08053. The design
898      of the license plate must replicate the color, layout, and
899      design of the Gadsden Flag. The word "Florida" must appear at
900      the top of the plate, and the words "Don't Tread on Me" must

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         HB 1135                                                                                               2020




901      appear at the bottom of the plate.
902                (b)     The annual use fees shall be distributed to the
903      Florida Veterans Foundation, a direct-support organization of
904      the Department of Veterans' Affairs, and must be used to benefit
905      veterans. Up to 10 percent of the proceeds may be used for
906      continuing promotion and marketing of the license plate.
907                (97)        AMERICA THE BEAUTIFUL LICENSE PLATES.—
908                (a)     The department shall develop an America the Beautiful
909      license plate as provided in this section and s. 320.08053. The
910      plate must bear the colors and design approved by the
911      department. The word "Florida" must appear at the top of the
912      plate, and the words "America the Beautiful" must appear at the
913      bottom of the plate.
914                (b)     The annual use fees from the plate must be distributed
915      to the America the Beautiful Fund as follows: 10 percent to
916      offset administrative costs, marketing, and promotion of the
917      plate and 90 percent for projects and programs teaching
918      character, leadership, and service to Florida youth; the
919      provision of supportive services and assistance to members of
920      the military community; outdoor education advancing the ideal of
921      self-sufficiency; wildlife conservation, including imperiled and
922      managed species; the maintenance of historic or culturally
923      important sites, buildings, structures, or objects; and the
924      development and modification of playgrounds, recreational areas,
925      or other outdoor amenities, including disability access.

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         HB 1135                                                                                               2020




926                (98)        TREAD LIGHTLY OFF ROAD FLORIDA LICENSE PLATES.—
927                (a)     The department shall develop a Tread Lightly Off Road
928      Florida license plate as provided in this section and s.
929      320.08053. The plate must bear the colors and design approved by
930      the department. The word "Florida" must appear at the top of the
931      plate, and the words "Tread Lightly" must appear at the bottom
932      of the plate.
933                (b)     The annual use fees from the sale of the plate shall
934      be distributed to the Florida Off Road Foundation, Inc., a
935      nonprofit corporation under s. 501(c)(3) of the Internal Revenue
936      Code. Up to 10 percent of the funds may be used for marketing of
937      the plate, costs directly associated with creation of the plate,
938      and administrative costs related to distribution of proceeds,
939      including annual audit services and compliance affidavit costs.
940      The remainder of the funds shall be used by the Florida Off Road
941      Foundation, Inc., to fund qualified nonprofit organizations that
942      protect and preserve Florida's natural off-road habitat; educate
943      Floridians about responsible use of the off-road environment;
944      support civilian volunteer programs to promote the use of off-
945      road vehicles to assist law enforcement in situations such as
946      search and rescue; support organized cleanups, trail
947      maintenance, and restoration; or preserve Florida's off-road
948      culture.
949                (99)        UNIVERSITY OF ALABAMA LICENSE PLATES.—
950                (a)     The department shall develop a University of Alabama

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         HB 1135                                                                                               2020




951      license plate as provided in this section and s. 320.08053. The
952      plate must bear the colors and design approved by the
953      department. The word "Florida" must appear at the top of the
954      plate, and the words "Roll Tide" must appear at the bottom of
955      the plate.
956                (b)     The annual use fees from the sale of the plate shall
957      be distributed to the Pensacola Bama Club, which must use the
958      proceeds for the purpose of awarding scholarships to Florida
959      residents attending the University of Alabama. The proceeds must
960      be deposited in the endowment required in s. 320.08056(12).
961      Students receiving these scholarships must be eligible for the
962      Florida Bright Futures Scholarship Program pursuant to s.
963      1009.531 and shall use the scholarship funds for tuition and
964      other expenses related to attending the University of Alabama.
965                Section 8.       Section 320.08062, Florida Statutes, is amended
966      to read:
967                320.08062       Audits and attestations required; annual use
968      fees of specialty license plates.—
969                (1)(a)      All organizations that receive annual use fee
970      proceeds from the department are responsible for ensuring that
971      proceeds are used in accordance with ss. 320.08056 and
972      320.08058.
973                (b)     Any organization not subject to audit pursuant to s.
974      215.97 shall annually attest, under penalties of perjury, that
975      such proceeds were used in compliance with ss. 320.08056 and

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          HB 1135                                                                                               2020




976       320.08058. The attestation shall be made annually in a form and
977       format determined by the department. In addition, the department
978       shall audit any such organization every 3 years to ensure
979       proceeds have been used in compliance with ss. 320.08056 and
980       320.08058.
981                 (c)     Any organization subject to audit pursuant to s.
982       215.97 shall submit an audit report in accordance with rules
983       promulgated by the Auditor General. The annual attestation shall
984       be submitted to the department for review within 9 months after
985       the end of the organization's fiscal year.
986                 (2)(a)      Within 120 days after receiving an organization's
987       audit or attestation, the department shall determine which
988       recipients of revenues from specialty license plate annual use
989       fees have not complied with subsection (1). In determining
990       compliance, the department may commission an independent
991       actuarial consultant, or an independent certified public
992       accountant, who has expertise in nonprofit and charitable
993       organizations.
994                 (b)     The department must discontinue the distribution of
995       revenues to any organization failing to submit the required
996       documentation as required in subsection (1), but may resume
997       distribution of the revenues upon receipt of the required
998       information.
999                 (c)     If the department or its designee determines that an
1000      organization has not complied or has failed to use the revenues

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          HB 1135                                                                                               2020




1001      in accordance with ss. 320.08056 and 320.08058, the department
1002      must discontinue the distribution of the revenues to the
1003      organization. The department shall notify the organization of
1004      its findings and direct the organization to make the changes
1005      necessary in order to comply with this chapter. If the officers
1006      of the organization sign an affidavit under penalties of perjury
1007      stating that they acknowledge the findings of the department and
1008      attest that they have taken corrective action and that the
1009      organization will submit to a followup review by the department,
1010      the department may resume the distribution of revenues.
1011                (d)     If an organization fails to comply with the
1012      department's recommendations and corrective actions as outlined
1013      in paragraph (c), the revenue distributions shall be
1014      discontinued until completion of the next regular session of the
1015      Legislature. The department shall notify the President of the
1016      Senate and the Speaker of the House of Representatives by the
1017      first day of the next regular session of any organization whose
1018      revenues have been withheld as a result of this paragraph. If
1019      the Legislature does not provide direction to the organization
1020      and the department regarding the status of the undistributed
1021      revenues, the department shall deauthorize the plate and the
1022      undistributed revenues shall be immediately deposited into the
1023      Highway Safety Operating Trust Fund.
1024                (3)     The department or its designee has the authority to
1025      examine all records pertaining to the use of funds from the sale

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          HB 1135                                                                                               2020




1026      of specialty license plates.
1027                Section 9.       Paragraph (b) of subsection (4) of section
1028      320.08068, Florida Statutes, is amended to read:
1029                320.08068       Motorcycle specialty license plates.—
1030                (4)     A license plate annual use fee of $20 shall be
1031      collected for each motorcycle specialty license plate. Annual
1032      use fees shall be distributed as follows:
1033                (b)     Twenty percent to Preserve Vision Prevent Blindness
1034      Florida.
1035                Section 10.          Subsection (8) of section 320.0807, Florida
1036      Statutes, is renumbered as subsection (6), and present
1037      subsections (5), (6), and (7) of that section are amended to
1038      read:
1039                320.0807        Special license plates for Governor and federal
1040      and state legislators.—
1041                (5)     Upon application by any current or former President of
1042      the Senate and payment of the fees prescribed by s. 320.0805,
1043      the department may issue a license plate stamped "Senate
1044      President" followed by the number assigned by the department or
1045      chosen by the applicant if it is not already in use. Upon
1046      application by any current or former Speaker of the House of
1047      Representatives and payment of the fees prescribed by s.
1048      320.0805, the department may issue a license plate stamped
1049      "House Speaker" followed by the number assigned by the
1050      department or chosen by the applicant if it is not already in

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          HB 1135                                                                                               2020




1051      use.
1052                (6)(a)      Upon application by any former member of Congress
1053      or former member of the state Legislature, payment of the fees
1054      prescribed by s. 320.0805, and payment of a one-time fee of
1055      $500, the department may issue a former member of Congress,
1056      state senator, or state representative a license plate stamped
1057      "Retired Congress," "Retired Senate," or "Retired House," as
1058      appropriate, for a vehicle owned by the former member.
1059                (b)     To qualify for a Retired Congress, Retired Senate, or
1060      Retired House prestige license plate, a former member must have
1061      served at least 4 years as a member of Congress, state senator,
1062      or state representative, respectively.
1063                (c)     Four hundred fifty dollars of the one-time fee
1064      collected under paragraph (a) shall be distributed to the
1065      account of the direct-support organization established pursuant
1066      to s. 272.136 and used for the benefit of the Florida Historic
1067      Capitol Museum, and the remaining $50 shall be deposited into
1068      the Highway Safety Operating Trust Fund.
1069                (5)(7)      The department may create a unique plate design for
1070      plates to be used by members or former members of the
1071      Legislature or Congress as provided in subsection subsections
1072      (2), (5), and (6).
1073                Section 11.          Section 320.0875, Florida Statutes, is created
1074      to read:
1075                320.0875        Purple Heart special motorcycle license plate.—

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          HB 1135                                                                                               2020




1076                (1)     Upon application to the department and payment of the
1077      license tax for the motorcycle as provided in s. 320.08, a
1078      resident of the state who owns or leases a motorcycle that is
1079      not used for hire or commercial use shall be issued a Purple
1080      Heart special motorcycle license plate if he or she provides
1081      documentation acceptable to the department that he or she is a
1082      recipient of the Purple Heart medal.
1083                (2)     The Purple Heart special motorcycle license plate
1084      shall be stamped with the term "Combat-wounded Veteran" followed
1085      by the serial number of the license plate. The Purple Heart
1086      special motorcycle license plate may have the term "Purple
1087      Heart" stamped on the plate and the likeness of the Purple Heart
1088      medal appearing on the plate.
1089                Section 12.         Paragraph (a) of subsection (1) of section
1090      320.089, Florida Statutes, is amended to read:
1091                320.089     Veterans of the United States Armed Forces;
1092      members of National Guard; survivors of Pearl Harbor; Purple
1093      Heart medal recipients; Bronze Star recipients; active or
1094      retired United States Armed Forces reservists; Combat Infantry
1095      Badge, Combat Medical Badge, or Combat Action Badge recipients;
1096      Combat Action Ribbon recipients; Air Force Combat Action Medal
1097      recipients; Distinguished Flying Cross recipients; former
1098      prisoners of war; Korean War Veterans; Vietnam War Veterans;
1099      Operation Desert Shield Veterans; Operation Desert Storm
1100      Veterans; Operation Enduring Freedom Veterans; Operation Iraqi

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          HB 1135                                                                                               2020




1101      Freedom Veterans; Women Veterans; World War II Veterans; and
1102      Navy Submariners; special license plates; fee.—
1103                (1)(a)      Each owner or lessee of an automobile or truck for
1104      private use or recreational vehicle as specified in s.
1105      320.08(9)(c) or (d), which is not used for hire or commercial
1106      use, who is a resident of the state and a veteran of the United
1107      States Armed Forces, a Woman Veteran, a World War II Veteran, a
1108      Navy Submariner, an active or retired member of the Florida
1109      National Guard, a survivor of the attack on Pearl Harbor, a
1110      recipient of the Purple Heart medal, a recipient of the Bronze
1111      Star, an active or retired member of any branch of the United
1112      States Armed Forces Reserve, or a recipient of the Combat
1113      Infantry Badge, Combat Medical Badge, Combat Action Badge,
1114      Combat Action Ribbon, Air Force Combat Action Medal, or
1115      Distinguished Flying Cross, upon application to the department,
1116      accompanied by proof of release or discharge from any branch of
1117      the United States Armed Forces, proof of active membership or
1118      retired status in the Florida National Guard, proof of
1119      membership in the Pearl Harbor Survivors Association or proof of
1120      active military duty in Pearl Harbor on December 7, 1941, proof
1121      of being a Purple Heart medal recipient, proof of being a Bronze
1122      Star recipient, proof of active or retired membership in any
1123      branch of the United States Armed Forces Reserve, or proof of
1124      membership in the Combat Infantrymen's Association, Inc., proof
1125      of being a recipient of the Combat Infantry Badge, Combat

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          HB 1135                                                                                               2020




1126      Medical Badge, Combat Action Badge, Combat Action Ribbon, Air
1127      Force Combat Action Medal, or Distinguished Flying Cross, and
1128      upon payment of the license tax for the vehicle as provided in
1129      s. 320.08, shall be issued a license plate as provided by s.
1130      320.06 which, in lieu of the serial numbers prescribed by s.
1131      320.06, is stamped with the words "Veteran," "Woman Veteran,"
1132      "WWII Veteran," "Navy Submariner," "National Guard," "Pearl
1133      Harbor Survivor," "Combat-wounded veteran," "Bronze Star," "U.S.
1134      Reserve," "Combat Infantry Badge," "Combat Medical Badge,"
1135      "Combat Action Badge," "Combat Action Ribbon," "Air Force Combat
1136      Action Medal," or "Distinguished Flying Cross," as appropriate,
1137      and a likeness of the related campaign medal or badge, followed
1138      by the serial number of the license plate. Additionally, the
1139      Purple Heart plate may have the words "Purple Heart" stamped on
1140      the plate and the likeness of the Purple Heart medal appearing
1141      on the plate.
1142                Section 13.         Except as otherwise expressly provided in this
1143      act, this act shall take effect October 1, 2020, but only if HB
1144      387 or similar legislation takes effect, if such legislation is
1145      adopted in the same legislative session or an extension thereof
1146      and becomes a law.




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PCS for HB 387
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 387 License Plate Fees
SPONSOR(S): Transportation & Infrastructure Subcommittee
TIED BILLS: HB 1135      IDEN./SIM. BILLS:

    REFERENCE                                                          ACTION                 ANALYST              STAFF DIRECTOR or
                                                                                                                   BUDGET/POLICY CHIEF

    Orig. Comm.: Transportation & Infrastructure                                              Johnson              Vickers
       Subcommittee

                                                         SUMMARY ANALYSIS
There are over 120 specialty license plates available to any owner or lessee of a motor vehicle who is willing to
pay the additional annual use fee for such plate. The collected fees are distributed by the Department of
Highway Safety and Motor Vehicles (DHSMV) to statutorily designated organizations in support of a particular
cause or charity.

HB 1135 (2020), which this bill is linked to, creates various specialty license plates and provides for the design
of each plate and the use of the annual use fees associated with each plate.

This bill provides that unless the amount of the annual use fee is otherwise specified for a particular specialty
license plate, the annual use fee of $25 will be charged for any specialty license plate that is required to be
developed. The bill also establishes an annual use fee of $50 for the Auburn University, the University of
Georgia, and the University of Alabama specialty license plates.

The bill will have a negative, but insignificant, fiscal impact on DHSMV associated with programming costs.
These costs can be absorbed within existing resources.

This bill authorizes a new state fee, requiring a two-thirds vote of the membership of the House. See
Section III.A.2. of the analysis.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0387.TIS
DATE: 1/16/2020
                                                        FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Present Situation

         Legislation Imposing or Raising State Fees or Taxes
         The Florida Constitution provides that no state tax or fee may be imposed, authorized, or raised by the
         Legislature except through legislation approved by two-thirds of the membership of each house of the
         Legislature.1 For purposes of this requirement, a “fee” is any charge or payment required by law,
         including any fee or charge for services and fees or costs for licenses and to “raise” a fee or tax means
         to:2
               Increase or authorize an increase in the rate of a state tax or fee imposed on a percentage or
                 per mill basis;
               Increase or authorize an increase in the amount of a state tax or fee imposed on a flat or fixed
                 amount basis; or
               Decrease or eliminate a state tax or fee exemption or credit.

         A bill that imposes, authorizes, or raises any state fee or tax may only contain the fee or tax
         provision(s) and may not contain any other subject.3

         The constitutional provision does not authorize any state tax or fee to be imposed if it is otherwise
         prohibited by the constitution and does not apply to any tax or fee authorized or imposed by a county,
         municipality, school board, or special district.4

         Specialty License Plates
         The first Florida specialty license plates were enacted in 1986 and included the creation of the
         Challenger plate and 10 Florida collegiate plates. Today, there are over 120 specialty license plates
         available to any owner or lessee of a motor vehicle who is willing to pay the additional use fee for the
         privilege, typically $25 annually.5 The collected fees are distributed by the Department of Highway
         Safety and Motor Vehicles (DHSMV) to statutorily designated organizations in support of a particular
         cause or charity. A vehicle registered under the International Registration Plan, a commercial truck
         required to display two license plates, or a truck tractor are not eligible for specialty license plates.6

         Organizations in receipt of specialty license plate revenue must adhere to certain accountability
         requirements found in statute. These requirements include an annual attestation document affirming,
         under penalty of perjury, that funds received have been spent in accordance with applicable statutes.7
         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.8

         HB 1135 (2020), which this bill is linked to, creates 17 specialty license plates and provides for their
         design and the use of their annual use fees.




1
  Fla. Const. art. VII, s. 19(a)-(b). The amendment appeared on the 2018 ballot as Amendment 5.
2
  Fla. Const. art. VII, s. 19(d).
3
  Fla. Const. art. VII, s. 19(e).
4
  Fla. Const. art. VII s. 19(c).
5
  The annual use fees for specific specialty license plates are provided in s. 320.08056(4), F.S.
6
  Section 320.08056(2), F.S.
7
  Section 320.08062, F. S.
8
  Section 320.08056(10)(a), F.S.
STORAGE NAME: pcs0387.TIS                                                                                      PAGE: 2
DATE: 1/16/2020
        Proposed Changes

        The bill amends s. 320.08056, F.S., providing that unless the amount of an annual use fee is otherwise
        specified for a particular specialty license plate, then an annual use fee of $25 for any specialty license
        plate that is required to be developed pursuant to s. 320.08058, F.S., will be charged.

        The bill also establishes an annual use fee of $50 for the Auburn University, University of Georgia, and
        the University of Alabama specialty license plates.

   B. SECTION DIRECTORY:
       Section 1 amends s. 320.08056, F.S., relating to specialty license plates.

       Section 2 provides that this act takes effect on the same date that HB 1135 or similar legislation takes
       effect, if such legislation is adopted in the same legislative session or an extension thereof and
       becomes a law.

                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           The bill will have a negative, but insignificant, fiscal impact on DHSMV associated with
           programming costs. These costs can be absorbed within existing resources.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Recipient organizations may see an increase in revenues associated with the sale of specialty license
       plates.
   D. FISCAL COMMENTS:
        None.

                                                 III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. The bill does not appear to affect county or municipal governments.

       2. Other:
          Article VII, s. 19 of the Florida Constitution requires the imposition, authorization, or raising of a state
          tax or fee be contained in a separate bill that contains no other subject and be approved by two-
          thirds of the membership of each house of the Legislature. As such, the bill appears to implicate Art.

STORAGE NAME: pcs0387.TIS                                                                                      PAGE: 3
DATE: 1/16/2020
          VII, s. 19 of the Florida Constitution because the bill authorizes a $25 fee for specialty license plates
          and a $50 fee for specialty license plates for out-of-state universities.

   B. RULE-MAKING AUTHORITY:
        None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
        None.


                            IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.




STORAGE NAME: pcs0387.TIS                                                                                    PAGE: 4
DATE: 1/16/2020
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           PCS for HB 387                             ORIGINAL                                                  2020




    1                                         A bill to be entitled
    2              An act relating to license plate fees; amending s.
    3              320.08056, F.S.; providing for collection of a uniform
    4              annual use fee for a specialty license plate unless
    5              otherwise specified; establishing annual use fees for
    6              certain specialty license plates; providing an
    7              effective date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                 Section 1.         Paragraph (d) of subsection (3), of section
12         320.08056, Florida Statutes, is amended and paragraphs, (z),
13         (aa), and (bb) are added to subsection (4) of that section, as
14         amended by HB 1135, 2020 Regular Session to read:
15                 320.08056         Specialty license plates.—
16                 (3)      Each request must be made annually to the department
17         or an authorized agent serving on behalf of the department,
18         accompanied by the following tax and fees:
19                 (d)      Unless the amount of the annual use fee is otherwise
20         specified A license plate annual use fee as required in
21         subsection (4) for a particular specialty license plate, an
22         annual use fee of $25 for any specialty license plate that is
23         required to be developed under s. 320.08058.
24
25         A request may be made any time during a registration period. If

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        PCS for HB 387                             ORIGINAL                                                  2020




26      a request is made for a specialty license plate to replace a
27      current valid license plate, the specialty license plate must be
28      issued with appropriate decals attached at no tax for the plate,
29      but all fees and service charges must be paid. If a request is
30      made for a specialty license plate at the beginning of the
31      registration period, the tax, together with all applicable fees
32      and service charges, must be paid.
33              (4)      The following license plate annual use fees shall be
34      collected for the appropriate specialty license plates:
35              (z)      Auburn University license plate, $50.
36              (aa)         University of Georgia license plate, $50.
37              (bb)         University of Alabama license plate, $50.
38              Section 2.         This act shall take effect on the same date
39      that HB 1135 or similar legislation takes effect, if such
40      legislation is adopted in the same legislative session or an
41      extension thereof and becomes a law.




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