PCS for HB 249 — An Act Relating to Specialty License Plates (2021)

Summary

A proposed committee substitute, PCS for HB 249 ORIGINAL, of 2021, a bill to be entitled an act relating to specialty license plates. It amends sections 320.08053, 320.08056 and 320.08058 of the Florida Statutes, covering presale voucher sales, a refund of the annual use fee on deauthorization, and a bar on the Department of Highway Safety and Motor Vehicles issuing new specialty plates until enough plates are discontinued. The text also directs the department to develop additional specialty plates, including a Protect Marine Wildlife license plate whose annual use fees go to Protect Wild Dolphins Alliance, Inc. Section 4 sets an effective date of October 1, 2021.

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“PCS for HB 249 — An Act Relating to Specialty License Plates (2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-3098-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-b16c1c7586/, SHA-256 e30ea18e844db32be900374a524ba208186db19c69afa6b827ea1da5f9305dc3.

Full text

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

PCS for HB 249 ORIGINAL 2021

1 A bill to be entitled
2 An act relating to specialty license plates; amending
3 s. 320.08053, F.S.; authorizing a refund of the annual
4 use fee if a specified condition is met; amending s.
5 320.08056, F.S.; providing that the Department of
6 Highway Safety and Motor Vehicles may not issue any
7 new specialty license plates until a sufficient number
8 of plates are discontinued; providing an exception to
9 the requirement that specialty license plate annual
10 use fees and interest earned from those fees only be
11 expended in this state; amending s. 320.08058, F.S.;
12 requiring the department to develop specified
13 specialty license plates; providing for the
14 distribution and use of fees collected from the sale
15 of such plates; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (b) of subsection (2) and paragraph
20 (b) of subsection (3) of section 320.08053, Florida Statutes,
21 are amended to read:
22 320.08053 Establishment of specialty license plates.—
23 (2)
24 (b) Within 24 months after the presale specialty license
25 plate voucher is established, the approved specialty license

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PCS for HB 249 ORIGINAL 2021

26 plate organization must record with the department a minimum of
27 3,000 voucher sales, or in the case of an out-of-state college
28 or university license plate, 4,000 voucher sales, before
29 manufacture of the license plate may commence. If, at the
30 conclusion of the 24-month presale period, the minimum sales
31 requirement has not been met, the specialty plate is
32 deauthorized and the department shall discontinue development of
33 the plate and discontinue issuance of the presale vouchers. Upon
34 deauthorization of the license plate or if the plate has met the
35 presale requirement but has not been issued, a purchaser of the
36 license plate voucher may use the annual use fee collected as a
37 credit towards any other specialty license plate or apply for a
38 refund on a form prescribed by the department.
39 (3)
40 (b) If the Legislature has approved 150 or more specialty
41 license plates, the department may not issue make any new
42 specialty license plates available for design or issuance until
43 a sufficient number of plates are discontinued pursuant to s.
44 320.08056(8) such that the number of plates being issued does
45 not exceed 150. Notwithstanding s. 320.08056(8)(a), the 150-
46 license-plate limit includes license plates above the minimum
47 sales threshold and those exempt from that threshold.
48 Section 2. Paragraph (a) of subsection (10) and subsection
49 (12) of section 320.08056, Florida Statutes, are amended to
50 read:

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PCS for HB 249 ORIGINAL 2021

51 320.08056 Specialty license plates.—
52 (10)(a) A specialty license plate annual use fee collected
53 and distributed under this chapter, or any interest earned from
54 those fees, may not be used for commercial or for-profit
55 activities nor for general or administrative expenses, except as
56 authorized by s. 320.08058 or to pay the cost of the audit or
57 report required by s. 320.08062(1). The fees and any interest
58 earned from the fees may be expended only for use in this state
59 unless the annual use fee is derived from the sale of United
60 States Armed Forces and veterans-related specialty license
61 plates pursuant to paragraph (3)(d) for the Support Our Troops,
62 and American Legion, and Honor Flight license plates; paragraphs
63 (4)(b), (q), and (v) for the Florida Salutes Veterans, United
64 States Marine Corps, and Military Services license plates,
65 respectively; and s. 320.0891 for the U.S. Paratrooper license
66 plate.
67 (12) Notwithstanding s. 320.08058(3)(a), the department,
68 in cooperation with the independent colleges or universities as
69 defined in s. 1009.89 or s. 1009.891, shall create a standard
70 template specialty license plate with a unique logo or graphic
71 identifying each independent college or university. Each
72 independent college or university may elect to use this standard
73 template specialty license plate in lieu of its own specialty
74 license plate. Annual use fees from the sale of these license
75 plates shall be distributed to the independent college or

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PCS for HB 249 ORIGINAL 2021

76 university for which the logo or graphic is displayed on the
77 license plate and shall be used as provided in s. 320.08058(3).
78 Independent colleges or universities opting to use the standard
79 template specialty license plate shall have their plate sales
80 combined for purposes of meeting the minimum license plate sales
81 threshold in paragraph (8)(a) and for determining the license
82 plate limit in s. 320.08053(3)(b). Specialty license plates
83 created pursuant to this subsection must be ordered directly
84 from the department. If the independent college or university
85 elects to use the standard template license plate, the
86 department shall discontinue the existing specialty license
87 plate.
88 Section 3. Subsections (112) through (116) are added to
89 section 320.08058, Florida Statutes, to read:
90 320.08058 Specialty license plates.—
91 (112) FLORIDA STATE PARKS LICENSE PLATES.—
92 (a) The department shall develop a Florida State Parks
93 license plate as provided in this section and s. 320.08053. The
94 plate must bear the colors and design approved by the
95 department. The word "Florida" must appear at the top of the
96 plate, and the words "Explore Our State Parks" must appear at
97 the bottom of the plate.
98 (b) The annual use fees from the sale of the plate shall
99 be distributed to the Florida State Parks Foundation, Inc., a
100 nonprofit Florida corporation under s. 501(c)(3) of the Internal

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PCS for HB 249 ORIGINAL 2021

101 Revenue Code, the mission of which is to preserve, protect,
102 sustain, and grow Florida state parks. Up to 10 percent of the
103 fees may be used for marketing of the plate and costs directly
104 associated with administration of the foundation.
105 (113) HONOR FLIGHT LICENSE PLATES.—
106 (a) The department shall develop an Honor Flight license
107 plate as provided in this section and s. 320.08053. The plate
108 must bear the colors and design approved by the department. The
109 word "Florida" must appear at the top of the plate, and the
110 words "Honor Flight" must appear at the bottom of the plate.
111 (b) The annual use fees from the sale of the plate shall
112 be distributed equally among the Honor Flight Network hubs in
113 this state, each of which is a nonprofit corporation under s.
114 501(c)(3) of the Internal Revenue Code, to be used as follows:
115 1. Up to 10 percent of the fees may be used for promotion
116 and marketing of the license plate.
117 2. The remaining fees shall be used to further the Honor
118 Flight Network's mission of transporting military veterans to
119 Washington, D.C., in order to visit the memorials dedicated to
120 honoring those who have served and sacrificed for the United
121 States.
122 (114) BISCAYNE BAY LICENSE PLATES.—
123 (a) The department shall develop a Biscayne Bay license
124 plate as provided in this section and s. 320.08053. The plate
125 must bear the colors and design approved by the department. The

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PCS for HB 249 ORIGINAL 2021

126 word "Florida" must appear at the top of the plate, and the
127 words "Protect Biscayne Bay" must appear at the bottom of the
128 plate.
129 (b) The annual use fees from the sale of the plate shall
130 be distributed to The Miami Foundation, a Florida nonprofit
131 corporation, to be used as follows:
132 1. Up to 10 percent of the fees may be used for promotion
133 and marketing of the license plate and for direct reimbursement
134 for administrative costs, startup costs, and costs incurred in
135 the development and approval process of the license plate. All
136 vendors associated with administrative costs shall be selected
137 by competitive bid.
138 2. The remaining fees shall be used to raise awareness and
139 support the mission and efforts of conserving Biscayne Bay. The
140 Miami Foundation Board of Trustees must approve and is
141 accountable for all such expenditures.
142 (115) DISEASE PREVENTION & EARLY DETECTION LICENSE
143 PLATES.—
144 (a) The department shall develop a Disease Prevention &
145 Early Detection license plate as provided in this section and s.
146 320.08053. The plate must bear the colors and design approved by
147 the department. The word "Florida" must appear at the top of the
148 plate, and the words "Disease Prevention & Early Detection" must
149 appear at the bottom of the plate.
150 (b) The license plate annual use fees shall be distributed

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PCS for HB 249 ORIGINAL 2021

151 to The Women's Breast & Heart Initiative, Florida Affiliate,
152 Inc., a Florida nonprofit corporation, which may use a maximum
153 of 10 percent of the proceeds to promote and market the plate.
154 The remainder of the proceeds shall be used by The Women's
155 Breast & Heart Initiative, Florida Affiliate, Inc., to provide
156 increased education and awareness relating to early detection,
157 prevention, and screening of breast and heart issues.
158 (116) PROTECT MARINE WILDLIFE LICENSE PLATES.—
159 (a) The department shall develop a Protect Marine Wildlife
160 license plate as provided in this section and s. 320.08053. The
161 plate must bear the colors and design approved by the
162 department. The word "Florida" must appear at the top of the
163 plate, and the words "Protect Marine Wildlife" must appear at
164 the bottom of the plate.
165 (b) The annual use fees shall be distributed to the
166 Protect Wild Dolphins Alliance, Inc., which may use up to 10
167 percent of the proceeds for administration, promotion, and
168 marketing of the plate. All remaining proceeds shall be used by
169 the Protect Wild Dolphins Alliance, Inc., to fund its
170 conservation, research, and educational programs that focus on
171 the conservation of Florida's threatened and protected marine
172 wildlife species.
173 Section 4. This act shall take effect October 1, 2021.

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