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Meeting Packet - Tourism, Infrastructure & Energy Subcommittee, January 12, 2022

Summary

A meeting packet of the Tourism, Infrastructure & Energy Subcommittee, Commerce Committee, Florida House of Representatives, for Wednesday, January 12, 2022, 4:30 pm, at Reed Hall, with Brad Drake as Chair. The agenda lists HB 89 Transportation Facility Designations by LaMarca, HB 91 Digital License Plates by Duran, HB 157 Transportation Projects by Andrade, HB 481 Temporary Underground Power Panels by Duggan and HB 891 Specialty License Plate Presales by Yarborough, among others. The staff analysis of HB 89 says the bill designates “Pio Ieraci Memorial Drive”, in Broward County, and provides an effective date of July 1, 2022. The HB 891 text provides that a specialty plate is deauthorized if at least 3,000 voucher sales are not recorded by the end of a 24-month presale period.

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

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“Meeting Packet - Tourism, Infrastructure & Energy Subcommittee, January 12, 2022.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-01-12-3103-tourism-infrastructure-energy-subcommittee-meeting-pac-12c1efb5b2/, SHA-256 7e0d764f1ba0b0e7e69a0f72ea6cb632e65c9c3695dd86086c33d832ae25e009.

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        Tourism, Infrastructure & Energy
                 Subcommittee
                Wednesday, January 12, 2022
                    4:30 pm – 6:30 pm
                   Reed Hall (102 HOB)




                    Meeting Packet




Chris Sprowls                                 Brad Drake
Speaker                                            Chair
                 The Florida House of Representatives
                                        Commerce Committee
                      Tourism, Infrastructure & Energy Subcommittee
Chris Sprowls                                                                                    Brad Drake
Speaker                                                                                               Chair


                                    Meeting Agenda

                                 Wednesday, January 12, 2022
                                    4:30 PM – 6:30 PM
                                   Reed Hall (102 HOB)

   I.      Call to Order
   II.     Roll Call
   III.    Welcome and Opening Remarks
   IV.     Consideration of the following bill(s):

           HB 89 Transportation Facility Designations by LaMarca
           HB 91 Digital License Plates by Duran
           HB 157 Transportation Projects by Andrade
           HB 223 Mobile Home Registration Periods by Maney
           HB 315 Transportation Facility Designations by Williamson
           HB 331 Transportation Facility Designations by Williamson
           HB 481 Temporary Underground Power Panels by Duggan
           HB 661 Transportation Facility Designations by Valdés
           HB 789 Lifeline Services by Payne
           HB 891 Specialty License Plate Presales by Yarborough
   V.      Closing Remarks
   VI.     Adjournment


                303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                (850) 717-4870
HB 89
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 89 Transportation Facility Designations
SPONSOR(S): LaMarca
TIED BILLS:      IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Tourism, Infrastructure & Energy Subcommittee                                    Walsh              Keating

  2) Infrastructure & Tourism Appropriations
     Subcommittee

  3) Commerce Committee


                                             SUMMARY ANALYSIS
Under current law, the Legislature may designate a transportation facility, such as a bridge, interchange, or
portion of a road, for honorary or memorial purposes or to distinguish a particular facility. Legislative
designations do not change the official names of the facilities. The Department of Transportation (DOT) erects
markers for each designation, but may not do so until the appropriate city or county commission passes a
resolution in support of the designation.

The bill honors former community leader Pio Ieraci by designating “Pio Ieraci Memorial Drive” in Broward
County. Under the bill, DOT must erect suitable markers for the road designation.

The bill will have an insignificant negative fiscal impact to the State Transportation Trust Fund associated with
erecting suitable markers for the designation. The cost can be absorbed within DOT’s existing resources.

The bill provides an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0089.TIE
DATE: 1/10/2022
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Transportation Facility Designations
        Under current law, the Legislature may designate a transportation facility, such as a bridge,
        interchange, or portion of a road, for honorary or memorial purposes or to distinguish a particular
        facility. Legislative designations do not change the official names of the designated facilities, and do not
        require local governments or private entities to change street signs, mailing addresses, or 911
        emergency telephone-number system listings to account for the designations.1

        Current law sets standards for the naming of state buildings and other facilities. The law provides that
        except as specifically provided by law, state buildings, roads, bridges, parks, recreational complexes,
        and other similar facilities may not be named for a living person. 2

        Road Markers
        The Department of Transportation (DOT) must place a marker at each terminus or intersection of a
        designated road, bridge, or other transportation facility and erect other markers it deems appropriate for
        the facility.3 Road markers may not be erected until the appropriate city or county commission passes a
        resolution in support of a particular designation. Additionally, if a designated facility extends through
        multiple cities or counties, a resolution must be passed by each affected local government before the
        road markers can be erected by DOT.4

        Pio Ieraci
        After moving to Florida over 30 years ago, Pio Richard Ieraci became an active community leader in
        the Fort Lauderdale Community. Throughout Mr. Ieraci’s time in Florida, he served as a member on the
        City of Fort Lauderdale Education Advisory Board, Chairman of South Florida Business Advisors, Inc.,
        Chairman of the Broward Beach Coalition, President of the Galt Mile Community Association, and
        President of the Galt Ocean Club Condominium Association. Mr. Ieraci passed away on December 20,
        2020, and is survived by his wife and two children.5

        Effect of the Bill

        Under the bill, that portion of S.R. A1A between the northern terminus and southern terminus of Galt
        Ocean Drive in Broward County is designated as “Pio Ieraci Memorial Drive.” The bill requires DOT to
        erect suitable markers.

    B. SECTION DIRECTORY:
        Section 1: Designates “Pio Ieraci Memorial Drive.”

        Section 2: Provides an effective date of July 1, 2022.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:


1 S. 334.071(1),   F.S.
2 S. 267.062(1),   F.S.
3 S. 334.071(2), F.S.
4 S. 334.071(3), F.S.
5 Dignity Memorial, Pio Richard Ieraci, https://www.dignitymemorial.com/obituaries/fort-lauderdale-fl/pio-ieraci-9961464

(last visited Jan. 5, 2022).
STORAGE NAME: h0089.TIE                                                                                              PAGE: 2
DATE: 1/10/2022
       1. Revenues:
           None.

       2. Expenditures:
           DOT estimates a cost of $1,040 for the appropriate markers, which provides for two signs per
           designation at $520 per sign.6 Therefore, the bill has an estimated negative fiscal impact of $1,040
           to the State Transportation Trust Fund. This cost can be absorbed within existing DOT resources.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   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 affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




6 Email from Amanda Marsh, Legislative  Analyst, Florida Department of Transportation, FDOT Memorial Roadway
Designation Sign Estimate, (Sep. 15, 2021).
STORAGE NAME: h0089.TIE                                                                                        PAGE: 3
DATE: 1/10/2022
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 89                                                                                                 2022




    1                                         A bill to be entitled
    2              An act relating to transportation facility
    3              designations; providing an honorary designation of a
    4              certain transportation facility in a specified county;
    5              directing the Department of Transportation to erect
    6              suitable markers; providing an effective date.
    7
    8      Be It Enacted by the Legislature of the State of Florida:
    9
10                 Section 1.         Pio Ieraci Memorial Drive designated;
11         Department of Transportation to erect suitable markers.—
12                 (1)         That portion of S.R. A1A between the northern terminus
13         and southern terminus of Galt Ocean Drive in Broward County is
14         designated as "Pio Ieraci Memorial Drive."
15                 (2)         The Department of Transportation is directed to erect
16         suitable markers designating Pio Ieraci Memorial Drive as
17         described in subsection (1).
18                 Section 2.         This act shall take effect July 1, 2022.




                                                         Page 1 of 1

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0089-00
       TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

                           HB 89 by Rep. LaMarca
                     Transportation Facility Designations

                            AMENDMENT SUMMARY
                               January 12, 2022


Amendment 1 by Rep. LaMarca (Strike All):

   •   Adds the designation of “Sgt. George Lee Taylor, Sr., Memorial Highway” in
       Brevard County.
   •   Adds the designation of “Dr. Martin Luther King, Jr., Boulevard” in Brevard
       County.
   •   Revises bill language to reflect multiple designations.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 89   (2022)
       Amendment No. 1




            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:       Tourism, Infrastructure &
 2     Energy Subcommittee
 3     Representative LaMarca offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove everything after the enacting clause and insert:
 7     Section 1.    Transportation facility designations; Department of
 8     Transportation to erect suitable markers.—
 9          (1)     That portion of S.R. A1A between the northern terminus
10     and southern terminus of Galt Ocean Drive in Broward County is
11     designated as "Pio Ieraci Memorial Drive."
12          (2)     That portion of S.R. 520/W. King Street between S.R.
13     501/Clearlake Road and S.R. 519/Fiske Boulevard in Brevard
14     County is designated as "Sgt. George Lee Taylor, Sr., Memorial
15     Highway."


     043283 - h0089-strike.docx
      Published On: 1/11/2022 7:25:42 PM
                                    Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 89    (2022)
       Amendment No. 1


16          (3)    That portion of S.R. 519/Fiske Boulevard between Rosa
17     L. Jones Drive and I-95 in Brevard County is designated as "Dr.
18     Martin Luther King, Jr., Boulevard."
19          (4)    The Department of Transportation is directed to erect
20     suitable markers designating the transportation facilities as
21     described in this section.
22          Section 2.    This act shall take effect July 1, 2022.
23
24
25             -----------------------------------------------------
26                         T I T L E   A M E N D M E N T
27          Remove everything before the enacting clause and insert:
28     An act relating to transportation facility designations;
29     providing honorary designations of certain transportation
30     facilities in specified counties; directing the Department of
31     Transportation to erect suitable markers; providing an effective
32     date.




     043283 - h0089-strike.docx
      Published On: 1/11/2022 7:25:42 PM
                                    Page 2 of 2
HB 91
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 91 Digital License Plates
SPONSOR(S): Duran and others
TIED BILLS:      IDEN./SIM. BILLS: SB 1178

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Tourism, Infrastructure & Energy Subcommittee                                    Walsh              Keating

    2) Commerce Committee


                                               SUMMARY ANALYSIS
Current law requires motor vehicle license plates to be made out of metal retroreflective material and meet
certain statutory requirements regarding size and number of characters allowed on the plate. License plates
must be securely fastened to a vehicle and be free of defacement, mutilation, grease, and other obscuring
matter, so that the plate is always plainly visible and legible. The Department of Highway Safety and Motor
Vehicles (DHSMV) may conduct a pilot program on government vehicles to evaluate alternative license plates.

Digital license plates are dynamic screens, which may be used to replace the current metal license plate. They
are able to display information such as a license plate number and annual validation of the current license
plate. A digital license plate may also be used for applications such as electronic tolling and broadcasting
emergency alerts.

The bill eliminates DHSMV’s authority to evaluate alternative license plates through a pilot program . The bill
defines digital license plate as an electronic display that is designed to display the information required by law
to be included on a physical license plate and be placed on a motor vehicle in lieu of a physical license plate.
The bill requires DHSMV to allow a registered motor vehicle to be equipped with a digital license plate in lieu of
a physical license plate by October 1, 2023. However, DHSMV must first determine that digital license plates
are readable by current automated license plate recognition hardware and software. DHSMV is authorized to
adopt implementing rules.

The bill provides that except as otherwise specified in the bill or a DHSMV rule, a digital license plate is subject
to Florida’s laws applicable to a physical license plate; however, digital license plates are exempt from the
statutory design requirements. The bill requires that, before purchasing a digital license plate, the vehicle
owner must purchase a metal license plate from DHSMV and pay all applicable motor vehicle fees.

The bill authorizes DHSMV to contract with one or more digital license plate providers. DHSMV may authorize
the display of a plate number and validation sticker on a digital license plate. DHSMV may authorize the use of
digital license plates for toll collection, if approved by the Department of Transportation or other appropriate
tolling authority, and parking permits. DHSMV may establish procedures for displaying emergency alerts, static
logo displays, and other displays on the license plate. The bill also provides requirements for the digital license
plate and requires providers to maintain an inventory of digital license plates, make available digital versions of
each specialty license plate, and update the vehicle’s registration in real time.

The bill does not appear to impact state or local government revenues or local government expenditures. The
bill appears to have an indeterminate impact on state government expenditures, depending on whether
DHSMV is expected to program connectivity.

The bill is effective upon becoming a law.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0091.TIE
DATE: 1/10/2022
                                                     FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Present Situation

          Florida law requires motor vehicle registration license plates to be made of metal specially treated with
          a retroreflection material. The license plate must be designed to increase nighttime visibility and
          legibility and must be at least 6 inches tall and not less than 12 inches wide, unless a plate with
          reduced dimensions is deemed necessary by the Department of Highway Safety and Motor Vehicles
          (DHSMV) to accommodate motorcycles, mopeds, or similar smaller vehicles. Annual validation stickers
          must also be treated with a retroreflection material and must adhere to the license plate. 1

          The license plate must be imprinted with a combination of bold letters and numerals, not to exceed
          seven digits, so as to identify the license plate number. The license plate must be imprinted with the
          word “Florida” at the top and the name of the county in which it is sold, the state motto, or the words
          “Sunshine State” at the bottom. Any county may, upon majority vote of the county commission, elect to
          have the county name removed from the license plates sold in that county. If the county votes as such,
          the state motto or the words “Sunshine State” must be printed in lieu of the county name. 2

          Current law requires that every vehicle display a license plate securely fastened to the vehicle’s rear 3 in
          a manner to prevent the plate from swinging. All letters, numerals, printing, writing, the registration
          decal, and the alphanumeric designation of the registration license plate must be clear, distinct, and
          free from defacement, mutilation, grease, and other obscuring matter, so that the plate is always plainly
          visible and legible from 100 feet away.4

          Florida law provides for the expiration of a motor vehicle registration and the required renewal. Law
          provides penalties for operating a motor vehicle without a registration license plate or validation sticker.
          The penalties are as follows:
               Any person whose motor vehicle or mobile home registration has been expired for a period of
                  six months or less commits a noncriminal traffic infraction, punishable as a nonmoving violation.
               Any person whose motor vehicle or mobile home registration has been expired for more than
                  six months, upon a first offense, is subject to the penalty provided in s. 318.14, F.S.5
               Any person whose motor vehicle or mobile home registration has been expired for more than
                  six months, upon a second or subsequent offense, commits a misdemeanor of the second
                  degree.6

          Current law provides that DHSMV may conduct a pilot program to evaluate the designs, concepts, and
          technologies for alternative license plates. For purposes of the pilot program, DHSMV must investigate
          the feasibility and use of alternative license plate technologies and the long-term cost impact to the
          consumer. A pilot program is limited to license plates that are used on government-owned motor
          vehicles. Such license plates are exempt from statutory design and material requirements for license
          plates.7 DHSMV has had this authority since 2012, and currently has six digital license plates installed
          on vehicles.8



1 S. 320.06(3)(a),   F.S.
2 Id.
3 An additional front facing plate is required
                                             by law for some vehicles, and such plates must meet the same requirements
as rear facing plates. See s. 316.605(1), F.S.
4 S. 316.605(1), F.S.
5 Section 318.14, F.S., provides certain exceptions to noncriminal traffic infractions and provides for court appearances,

payment plans, and authorizes proof of compliance with motor vehicle registration requirements.
6 S. 320.07(3), F.S.
7 S. 320.06(5), F.S.
8 Florida Department of Highway Safety and Motor Vehicles, Agency Analysis of 2022 House Bill 91, p. 3 (Dec. 1, 2021).
STORAGE NAME: h0091.TIE                                                                                             PAGE: 2
DATE: 1/10/2022
        Under current law, PRIDE, Inc.,9 may manufacture license plates and validation stickers for DHSMV.
        DHSMV is not required to obtain competitive bids in order to contract with the corporation.10

        Digital License Plates
        Digital license plates are dynamic screens that may replace current physical license plate. The digital
        license plates can display information such as a license plate number and validation of the current
        license plate. Digital license plates also have the capability to work with a vehicle’s computer system
        and communicate with outside sources that may access it remotely. 11 The license plate may be used
        for applications such as electronic tolling and broadcasting emergency alerts.12

        Digital license plates are currently available in California and Arizona. 13 One digital license plate
        provider, Reviver, prices their digital license plates starting at $899.14

        Effect of the Bill

        The bill repeals DHSMV’s authority to conduct a pilot program to evaluate the designs, concepts, and
        technologies of alternative license plates.

        Under the bill, “digital license plate” is defined as an electronic display that is designed to:
            Display the information required to be included on a physical license plate; and
            Be placed on a motor vehicle registered under ch. 320, F.S. in lieu of a physical license plate.

        The bill requires DHSMV to allow a registered motor vehicle to be equipped with a digital license plate
        in lieu of a physical license plate by October 1, 2023. Under the bill, DHSMV must determine that digital
        license plates are readable by current automated license plate recognition hardware and software.
        Before obtaining a digital license plate, the purchaser must first obtain a physical license plate from
        DHSMV.

        Under the bill, DHSMV is authorized to adopt rules for digital license plates as outlined in the bill.

        The bill also provides that the owner of a digital license plate is not subject to the penalties in s. 320.07,
        F.S., for failure to display a validation sticker if the vehicle was operated in compliance with ch. 320,
        F.S., and any DHSMV rules governing the placement of digital license plates and registration renewal.

        Under the bill, DHSMV may authorize the display of the motor vehicle’s validation on each digital
        license plate in lieu of the validation sticker. The validation must display the owner’s birth month, the
        license plate number, and the year of expiration or appropriate renewal period if the owner is not a
        natural person. The validation must be displayed in the upper right corner of the digital license plate.

        The bill provides that except as otherwise specified in the bill or a DHSMV rule, a digital license plate is
        subject to Florida’s laws applicable to a physical license plate; however, digital license plates are
        exempt from the statutory design requirements.

        The bill also allows DHSMV to authorize the use of a digital license plate for electronic toll collection, if
        such use has been approved by the Department of Transportation or other appropriate tolling authority
        or to display a parking permit.

        Further, DHSMV may establish procedures for displaying the following information on a digital license
        plate:
             An emergency alert, including an alert regarding a missing child or missing adult;

9 PRIDE, Inc., is the corporation  organized under ch. 947, F.S., relating to inmate work programs.
10 S. 320.06(4),   F.S.
11 Florida Department of Highway Safety and Motor Vehicles, Agency Analysis of 2022 House Bill 91, p. 2 (Dec. 1, 2021).
12 Reviver, https://reviver.com/shop/ (last visited Jan. 7, 2022).
13 Jacob Ogles, Digital License Plates Could Come to Florida Roads, Florida Politics (Mar. 3, 2021),

https://floridapolitics.com/archives/409080-digital-license-plates-could-come-to-florida-roads/ (last visited Jan. 7, 2022).
14 Reviver, https://reviver.com/shop/ (last visited Jan. 7, 2022).
STORAGE NAME: h0091.TIE                                                                                               PAGE: 3
DATE: 1/10/2022
                 Static logo displays, including displays for fleet license plates, digital versions of specialty
                  license plates, special license plates for military service, and special license plates for the
                  Governor and federal and state legislators; and
                 Other displays that DHSMV, in consultation with law enforcement agencies, determines are in
                  the interest of public safety.

         The bills states that a digital license plate must:
             Meet the requirements and specifications previously described;
             Include the same information required to be included on a physical license plate and legibly
                 display that information at all times and in all light conditions; and
             Have wireless connectivity capability.

         Under the bill, DHSMV may contract with one or more digital license plate providers 15 for the issuance
         of digital license plates, including any services related to the issuance of digital license plates. The
         contract must include provisions governing the protection of personal and motor vehicle registration
         data obtained by a digital license plate provider in the performance of its services.

         A digital license plate provider with whom DHSMV contracts must:
              Maintain an inventory of digital license plates in this state;
              Make available a digital version of each specialty license plate authorized by DHSMV; and
              If a digital license plate displays a validation to reflect the current registration period for the
                 motor vehicle, and upon DHSMV request, suspend the display of the validation or indicate in the
                 digital license plate that the motor vehicle’s registration has expired.

         The bill provides that a consumer who chooses to purchase a digital license plate must purchase it
         directly from the digital license plate provider. In addition to any fees associated with the purchase of
         the digital license plate, the consumer is also responsible for paying to DHSMV all applicable motor
         vehicle fees, including the annual use fee associated with any specialty license plate the consumer
         wishes to display on the digital license plate.

         The bill is effective upon becoming a law.

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

         Section 2: Amends s. 320.07, F.S., relating to expiration of registration, renewal required.

         Section 3: Creates s. 320.08069, F.S., relating to digital license plates.

         Section 4: Provides that the bill is effective upon becoming a law.


                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None. Since purchasers of digital license plates are also required to pay the statutorily required
             motor vehicle fees, the bill does not appear to impact state government revenues.

         2. Expenditures:


15 The bill defines
                  “digital license plate provider” as a person or an entity engaged in the bus iness of providing digital
license plate hardware and services to motor vehicle owners.
STORAGE NAME: h0091.TIE                                                                                                 PAGE: 4
DATE: 1/10/2022
            Indeterminate. Assuming that most of the connectivity programming is between the digital license
            plate provider and the consumer, the bill will have an insignificant impact on DHSMV expenditures .
            If DHSMV is expected to provide connectivity, DHSMV asserts that this will require a significant
            amount of programming to multiple major DHSMV computer systems. 16

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            None.

        2. Expenditures:
            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        Digital license plate providers may see additional revenues associated with the program.

    D. FISCAL COMMENTS:
        None.


                                                    III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

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

        2. Other:
          None.

    B. RULE-MAKING AUTHORITY:
        The bill eliminates DHSMV’s current authority to conduct a license plate pilot program and authorizes
        DHSMV to adopt rules to implement digital license plates.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
        The bill authorizes DHSMV to contract with one or more digital license plate providers for the issuance
        of such plates, but it does not expressly require digital license plate providers to contract with DHSMV
        prior to sale and distribution of such plates. Absent a contract, the bill does not provide for protection of
        personal information.

                            IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
    Not applicable.




16 Florida Department   of Highway Safety and Motor Vehicles, Agency Analysis of 2022 House Bill 91, p. 7 (Dec. 1, 2021).
STORAGE NAME: h0091.TIE                                                                                            PAGE: 5
DATE: 1/10/2022
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 91                                                                                                 2022




    1                                         A bill to be entitled
    2              An act relating to digital license plates; amending s.
    3              320.06, F.S.; deleting provisions relating to the
    4              authority of the Department of Highway Safety and
    5              Motor Vehicles to conduct a pilot program to evaluate
    6              the designs, concepts, and technologies for
    7              alternative license plates; amending s. 320.07, F.S.;
    8              exempting owners of digital license plates from
    9              certain penalties; creating s. 320.08069, F.S.;
10                 providing definitions; providing applicability;
11                 authorizing motor vehicles to be equipped with digital
12                 license plates by a certain date; authorizing the
13                 department to contract with digital license plate
14                 providers; providing department authority relating to
15                 the display and use of digital license plates;
16                 specifying requirements for digital license plates,
17                 digital license plate providers, and digital license
18                 plate consumers; authorizing the department to adopt
19                 rules; providing an effective date.
20
21         Be It Enacted by the Legislature of the State of Florida:
22
23                 Section 1.         Subsection (5) of section 320.06, Florida
24         Statutes, is amended to read:
25                 320.06       Registration certificates, license plates, and

                                                         Page 1 of 6

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0091-00
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 91                                                                                                 2022




26      validation stickers generally.—
27              (5)         The department may conduct a pilot program to evaluate
28      the designs, concepts, and technologies for alternative license
29      plates. For purposes of the pilot program, the department shall
30      investigate the feasibility and use of alternative license plate
31      technologies and the long-term cost impact to the consumer. The
32      pilot program shall be limited to license plates that are used
33      on government-owned motor vehicles as described in s. 320.0655.
34      Such license plates are exempt from the requirements in
35      paragraph (3)(a).
36              Section 2.          Subsection (7) is added to section 320.07,
37      Florida Statutes, to read:
38              320.07        Expiration of registration; renewal required;
39      penalties.—
40              (7)         An owner of a digital license plate as described in s.
41      320.08069 is not subject to the penalties in this section for
42      failure to display a validation sticker if the vehicle was
43      operated in compliance with this chapter and any rules adopted
44      by the department governing the placement of digital license
45      plates and registration renewal.
46              Section 3.          Section 320.08069, Florida Statutes, is crea ted
47      to read:
48              320.08069          Digital license plates.—
49              (1)         DEFINITIONS.—As used in this section, the term:
50              (a)         "Digital license plate" means an electronic display

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        HB 91                                                                                                 2022




51      that is designed to:
52              1.      Display the information required in this chapter to be
53      included on a physical license plate.
54              2.      Be placed on a motor vehicle registered under this
55      chapter in lieu of a physical license plate.
56              (b)         "Digital license plate provider" means a person or an
57      entity engaged in the business of providing digital license
58      plate hardware and services to motor vehicle owners.
59              (2)         APPLICABILITY.—Except as otherwise provided in this
60      section or a rule adopted under this section, a digital license
61      plate issued under this section is subject to the laws of this
62      state applicable to a physical license plate. However, digital
63      license plates issued under this section are exempt from s.
64      320.06(3)(a).
65              (3)         DIGITAL LICENSE PLATE ISSUANCE.—
66              (a)         By October 1, 2023, the department shall allow a motor
67      vehicle registered under this chapter to be equipped with a
68      digital license plate in lieu of a physical license plate issued
69      under s. 320.06 upon a determination that the information on the
70      digital license plate display is readable by current automated
71      license plate recognition hardware and software. However, the
72      purchaser of a digital license plate must first obtain a
73      physical license plate from the department before obtaining a
74      digital license plate from a digital license plate provider.
75              (b)         The department may contract with one or more digital

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         HB 91                                                                                                 2022




 76      license plate providers for the issuance of digital license
 77      plates, including any services related to the issuance of
 78      digital license plates. The contract must include provisions
 79      governing the protection of personal and motor vehicle
 80      registration data obtained by a digital license plate provider
 81      in the performance of its services.
 82              (c)         The department may authorize the display of the motor
 83      vehicle's validation on each digital license plate in lieu of
 84      the validation sticker. The validation must display the ow ner's
 85      birth month, the license plate number, and the year of
 86      expiration or appropriate renewal period if the owner is not a
 87      natural person. The validation must be displayed in the upper
 88      right corner of the digital license plate.
 89              (d)         The department may authorize the use of a digital
 90      license plate for electronic toll collection, if such use has
 91      been approved by the Department of Transportation or other
 92      appropriate tolling authority, or to display a parking permit.
 93              (e)         The department may establish procedures for displaying
 94      the following information on a digital license plate:
 95              1.      An emergency alert or other public safety alert issued
 96      by a governmental entity, including an alert pursuant to s.
 97      937.021.
 98              2.      Static logo displays, including unique displays for
 99      fleet license plates as described in s. 320.0657 and digital
100      versions of specialty license plates as described in s.

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         HB 91                                                                                                 2022




101      320.08058, special license plates for military service as
102      authorized in s. 320.089, and special license plates for the
103      Governor and federal and state legislators as authorized in s.
104      320.0807.
105              3.      Other displays that the department, in consultation
106      with law enforcement agencies, determines are in the interest of
107      public safety.
108              (4)         DIGITAL LICENSE PLATE REQUIREMENTS.—A digital license
109      plate issued under this section must:
110              (a)         Meet the specifications and requirements adopted under
111      subsection (3).
112              (b)         Include the same information required to be included
113      on a physical license plate and legibly display that information
114      at all times and in all light conditions.
115              (c)         Have wireless connectivity capability.
116              (5)         DIGITAL LICENSE PLATE PROVIDERS.—A digital license
117      plate provider with whom the department contracts shall:
118              (a)         Maintain an inventory of digital license plates issued
119      in this state by the digital license plate provider.
120              (b)         Make available a digital version of each specialty
121      license plate authorized by the department.
122              (c)         If a digital license plate displays a validation,
123      promptly update the display of the validation to reflect the
124      current registration period for the motor vehicle and, upon
125      request of the department, suspend the display of the validation

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         HB 91                                                                                                 2022




126      or indicate on the digital license plate that the registration
127      for the motor vehicle has expired.
128              (6)         DIGITAL LICENSE PLATE CONSUMERS.—A consumer who
129      chooses to purchase a digital license plate must purchase a
130      digital license plate directly from a digital license plate
131      provider. In addition to any fees associated with the purchase
132      of a digital license plate, the consumer is also responsible for
133      paying to the department all applicable motor vehicle fees
134      required by this chapter, including any annual use fees pursuant
135      to s. 320.08056 associated with any specialty license plate the
136      consumer wishes to display on the digital license plate .
137              (7)         RULEMAKING.—The department may adopt rules to
138      implement this section.
139              Section 4.         This act shall take effect upon becoming a law.




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      TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

                              HB 91 by Rep. Duran
                              Digital License Plates

                            AMENDMENT SUMMARY
                               January 12, 2022


Amendment 1 by Rep. Duran (Lines 48-74):

  •   Clarifies that a digital license plate must be determined by the Department of
      Transportation to have a display that is readable by current automated license
      plate readers.
  •   Affirms that the Department of Highway Safety and Motor Vehicles must allow
      digital license plates issued pursuant to a contract between the digital license
      plate provider and the department.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 91   (2022)
       Amendment No. 1




            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:       Tourism, Infrastructure &
 2     Energy Subcommittee
 3     Representative Duran offered the following:
 4
 5          Amendment
 6          Remove lines 48-74 and insert:
 7          320.08069    Digital license plates.—
 8          (1)     DEFINITIONS.—As used in this section, the term:
 9          (a)     "Digital license plate" means an electronic display
10     that:
11          1.     Is designed to display the information required in this
12     chapter to be included on a physical license plate;
13          2.     Is designed to be placed on a motor vehicle registered
14     under this chapter in lieu of a physical license plate; and




     715449 - h0091-line 48.docx
      Published On: 1/11/2022 8:56:43 PM
                                    Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 91   (2022)
       Amendment No. 1


15          3.     Has been determined by the Department of Transportation
16     to have a display that is readable by current automated license
17     plate recognition hardware and software.
18          (b)     "Digital license plate provider" means a person or an
19     entity engaged in the business of providing digital license
20     plate hardware and services to motor vehicle owners.
21          (2)     APPLICABILITY.—Except as otherwise provided in this
22     section or a rule adopted under this section, a digital license
23     plate issued under this section is subject to the laws of this
24     state applicable to a physical license plate. However, digital
25     license plates issued under this section are exempt from s.
26     320.06(3)(a).
27          (3)     DIGITAL LICENSE PLATE ISSUANCE.—
28          (a)     By October 1, 2023, the department shall allow a motor
29     vehicle registered under this chapter to be equipped with a
30     digital license plate in lieu of a physical license plate issued
31     under s. 320.06 pursuant to a contract between the digital
32     license plate provider and the department entered into under
33     (b). However, the purchaser of a digital license plate must
34     first obtain a physical license plate from the department before
35     obtaining a digital license plate from a digital license plate
36     provider.




     715449 - h0091-line 48.docx
      Published On: 1/11/2022 8:56:43 PM
                                    Page 2 of 2
HB 157
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 157 Transportation Projects
SPONSOR(S): Andrade
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Tourism, Infrastructure & Energy Subcommittee                                    Johnson            Keating

    2) Infrastructure & Tourism Appropriations
       Subcommittee

    3) Commerce Committee


                                                     SUMMARY ANALYSIS

The bill addresses three matters related to transportation projects.

First, under current law, the Department of Transportation (DOT) must annually commit at least 15 percent of
state revenue deposited into the State Transportation Trust Fund (STTF) for public transportation projects.
However, there is no statutory maximum amount that may be committed. The bill provides that a maximum of
25 percent of all revenues deposited into the STTF, excluding state revenues used for matching grants, may
be annually committed for public transportation projects.

Second, under current law, documents revealing the identity of persons that have requested or obtained a bid
package, plan, or specifications relating to a DOT project are confidential and exempt from public records laws
beginning two working days before the deadline to obtain the bid package, plan, or specifications and ending
when the bid is let. The bill removes this public records exemption.

Third, under current law, DOT may not use moneys in the STTF to contract with the Florida Highway Patrol
(FHP) in the Department of Highway Safety and Motor Vehicles (DHSMV) for speed enforcement in work
zones. The bill authorizes DOT to enter into an agreement with FHP for work zone speed enforcement and use
moneys in the STTF to pay the cost of the agreement.

While the bill does not directly impact state or local government revenues, the cap on revenues that may be
used for public transit may impact revenues available for specific transportation projects. See Fiscal Comments
for details.

The bill has an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0157.TIE
DATE: 1/10/2022
                                                            FULL ANALYSIS

                                                    I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Public Transportation Funding

         Current Situation

         Section 206.46, F.S., creates the State Transportation Trust Fund (STTF), which the Department of
         Transportation (DOT) utilizes to fund transportation projects, as provided by law. Funds in the STTF
         support the projects contained in DOT’s five-year work program.1

         Florida law requires that DOT commit a minimum of 15 percent of all state revenues deposited into the
         STTF to public transportation projects for each fiscal year.2 Public transportation projects include
         projects involving transportation facilities within seaports and airports, public transit, 3 and regional
         transportation.4

         In Fiscal Year 2022-2023, DOT is projected to receive over $4.7 billion in state revenues. More than
         $1.4 billion (30 percent) of that revenue is exempt from the 15 percent public transportation
         requirement. For example, revenues from documentary stamp taxes,5 rental car surcharges,6 initial
         registration fees,7 and local option fuel taxes 8 are exempt.9

         In some instances, the law exempts a revenue stream from the 15 percent requirement but specifies an
         amount of that revenue that must be used for public transportation. For example, s. 201.15, F.S.
         requires 10 percent of the documentary stamp tax proceeds deposited into the STTF to be used for the
         New Starts Transit Program. Similarly, s. 339.0801, F.S., requires $10 million per year from tag and title
         fees to be used for the Seaport Investment Program.10

         Effect of the Bill

         The bill caps the percentage of state revenues deposited into the STTF that may be committed by
         committed by DOT for public transportation projects. The bill provides that for each fiscal year, at least
         15 percent, but not more than 25 percent of all state revenues deposited into the STTF, except those
         revenues used for matching federal grants, must be annually committed by DOT for public
         transportation projects.

         The following table shows actual and projected state transportation revenues for Fiscal Years 2017-
         2026. The table also shows those state revenues to which the 15 percent public transportation
         requirement does and does not apply. The last two rows on the table show the 15 percent – 25 percent
         range for public transportation funding in millions of dollars. 11




1 DOT’s work program is developed pursuant to s. 339.135, F.S.
2 S. 206.46(3), F.S.
3
  Public transit means the transporting of people by conveyances, or a system of conveyances, traveling on land or water, local or
regional in nature, and available for use by the public, including paratransit. Eligible public transit could include project s such as a public
transit capital project, a commuter assistance project, a transit corridor project, or an intercity bus service project.
4 Chapter 343, F.S., relating to regional transportation, establishes the South Florida Regional Transportation Authority, th e Central

Florida Regional Transportation Authority, the Northwest Florida Transportation Corridor Authority, and the Tampa Bay Regiona l Transit
Authority.
5 S. 201.15, F.S.
6 S. 212.0606, F.S.
7 S. 320.072, F.S.
8 S. 215.211, F.S.
9 Department of Transportation (DOT), Agency Analysis of 2022 House Bill 157, p. 2 (Sep. 24, 2021)
10 Id.
11 Id.

STORAGE NAME: h0157.TIE                                                                                                                PAGE: 2
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                                                                   Actual and Projected State Revenues ($ in millions)
                                                               Information for HB 157 Relating to Public Transportation
                                                                 FY17       FY18         FY19      FY20         FY21    FY22          FY23        FY24        FY25        FY26
          Transportation REC                                  $ 3,575.2 $ 3,664.4 $ 3,808.1 $ 3,757.8 $ 3,831.5 $ 4,094.1           $ 4,257.9   $ 4,370.1   $ 4,461.4   $ 4,549.7
          Doc Stamps - GR REC                                 $ 281.8 $ 297.6 $ 315.8 $ 349.5 $ 466.8 $ 466.8                       $ 461.7     $ 453.7     $ 451.4     $ 456.0
          Total All State Revenues                            $ 3,857.0 $ 3,962.0 $ 4,123.9 $ 4,107.3 $ 4,298.3 $ 4,560.9           $ 4,719.6   $ 4,823.8   $ 4,912.8   $ 5,005.7
          State Revenues Exempt from 15% PTO Requirement      $ 946.5 $ 972.2 $ 1,130.2 $ 1,173.3 $ 1,340.7 $ 1,406.4               $ 1,434.3   $ 1,441.9   $ 1,452.5   $ 1,469.0
          State Revenues to which the 15% Requirement Applies $ 2,910.5 $ 2,989.8 $ 2,993.7 $ 2,934.0 $ 2,957.6 $ 3,154.5           $ 3,285.3   $ 3,381.9   $ 3,460.3   $ 3,536.7
                     15% of Non-Exempt (Minimum Requirement) $ 436.6 $ 448.5 $ 449.1 $ 440.1 $ 443.6 $ 473.2                        $ 492.8     $ 507.3     $ 519.0     $ 530.5
                          25% of Non-Exempt (Maximum Allowed) $ 727.6 $ 747.5 $ 748.4 $ 733.5 $ 739.4 $ 788.6                       $ 821.3     $ 845.5     $ 865.1     $ 884.2
          Source: DOT Agency Bill Analysis of 2021 HB 157, p.2.

          The following table shows the amount of state funds that DOT has programmed for public
          transportation projects. The last row in the table shows the additional amount that could be
          programmed for public transportation projects with discretionary state funds before reaching the
          proposed 25 percent limit.12

                                                           Programming for Public Transportation as of July 1, 2021 ($ in millions)
                                                                   FY17      FY18        FY19        FY20         FY21         FY22       FY23       FY24      FY25      FY26
          State Funds Programmed for Public Transportation       $   648.0 $    783.6 $     878.9 $     844.0 $     852.0 $ 1,060.2 $        893.7 $   862.9 $   770.8 $   877.1
          State Funds Programmed for PTO which are not part of
          the 15% Requirement (New Starts Transit, Seaport
          Investment Program, etc.)                              $   160.4 $    253.3 $     280.1 $     275.2 $     307.0 $       492.2 $    274.1 $   294.0 $   218.9 $   289.8
          State Funds Programmed for PTO which are part of the
          15% PTO Requirement                                    $   487.6 $    530.3 $     598.8 $     568.8 $     545.0 $       568.0 $    619.6 $   568.9 $   551.9 $   587.3
          % of State Funds Programmed for PTO which are
          subject to the 15% PTO Requirement                        16.8%      17.7%       20.0%       19.4%       18.4%         18.0%      18.9%     16.8%     15.9%     16.6%
          Potential Additional PTO Programming Before Reaching
          the Proposed 25% Cap                                   $   240.0 $    217.2 $     149.6 $     164.7 $     194.4 $       220.6 $    201.7 $   276.6 $   313.2 $   296.9
          Source: DOT Agency Bill Analysis of 2021 HB 157, p.2.

          Identities of Potential Bidders on DOT Contracts

          Current Situation

          Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
          government records. This section guarantees every person a right to inspect or copy any public record
          of the legislative, executive, and judicial branches of government. The Legislature, however, may
          provide by general law for the exemption of records from the requirements of article I, section 24(a) of
          the Florida Constitution.13

          Current law provides that a document revealing the identity of persons who have requested or obtained
          bid packages, plans, or specifications pertaining to any project to be let by DOT is confidential and
          exempt from the public records law for the period which begins two working days before the deadline
          for obtaining bid packages, plans, or specifications and ends with the letting of the bid. A document that
          reveals the identity of such persons more than the two working days before the deadline for obtaining
          bid packages, plans, or specifications remains a public record. 14

          Effect of the Bill

          The bill eliminates the public records exemption for documents revealing the identity of a person who
          has requested or obtained a bid package, plan, or specifications pertaining to any project to be let by
          DOT for the period that begins two working days before the deadline for obtaining bid packages plans,
          or specifications, and ends with the letting of the bid. The bill also explicitly states that such documents
          are public records.

          Work Zone and Safety Enforcement


12 Id.
13 Art. I, s. 24(c), Fla. Const.
14 S. 336.168(2), F.S.

STORAGE NAME: h0157.TIE                                                                                                                                                  PAGE: 3
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         Current Situation

         Florida law defines the term “work zone area” as an area, and approaches to the area, on any state-
         maintained highway, county-maintained highway, or municipal street where construction, repair,
         maintenance, or other street-related or highway-related work is being performed or where one or more
         lanes are closed to traffic.15

         A work zone area involves workers, vehicles, trucks, and equipment that can necessitate lane closures,
         detours, and moving equipment, and can last from a few days to several years. Work zone fatalities
         make up approximately three percent of overall fatalities and two percent of serious injuries. The safe
         and efficient flow of traffic through work zones is an ongoing priority for Florida’s transportation and
         traffic safety partners.16

         According to statewide crash data for the years 2015-2019, Florida experienced more than 50,000 work
         zone-related crashes, including more than 380 fatalities and more than 2,400 severe injuries. The most
         common traffic violations in work zone areas are speeding and distracted driving.17

         The Legislature has taken steps to improve work zone safety, such as:
             Requiring DOT’s adopted uniform system of traffic control devices to provide for the use of
               regulatory speed signs in work zone areas.18
             Prohibiting the driver of a vehicle from exceeding the posted maximum speed limit in a work
               zone area,19 a violation of which is a noncriminal traffic infraction, and the penalty for which
               ranges from a warning up to $250, depending upon the number of miles per hour in excess of
               the posted speed limit.20 A person cited for exceeding the speed limit in a posted construction
               zone (when workers are present or operating equipment on or immediately adjacent to the road
               under construction) must pay a fine that is double the amount specified for a given range. 21
             Authorizing the display of certain lighting on construction equipment in roadway work zones
               during periods when workers are present.22
             Prohibiting a person from operating a motor vehicle while using a wireless communications
               device in a handheld manner in work zone areas.23
             Requiring each road or bridge construction or maintenance contract let by DOT to contain a
               traffic maintenance plan showing the appropriate regulatory speed signs and traffic control
               devices for the subject work zone area.24

         DOT utilizes law enforcement in its work zones to provide stationary off-duty “blue lights” to assist in
         motorist awareness and for active-duty speed enforcement. When law-enforcement is provided for
         stationary motorist awareness, they are hired by the construction contractor, not by DOT. These may
         include the Florida Highway Patrol (FHP) but may also include local sheriffs or other law enforcement
         agencies.25

         When FHP is used for active-duty speed enforcement, they are procured via a Contractual Services
         Agreement with the Department of Highway Safety and Motor Vehicles (DHSMV). 26 This Contractual
         Services Agreement is known as the “FHP Hireback Agreement” and renews on a five-year term. The
         agreement is applicable for all roadways on the State Highway System. Additional approval by the



15 S. 316.003(105), F.S.
16 DOT, Work Zone Safety, https://www.fdot.gov/safety/workzonesafety/default.shtm (last visited Jan. 5, 2022)
17 Id.
18 S. 316.0745(2)(b), F.S.
19 S. 316.183(6), F.S.
20 S. 318.18(3)(b), F.S.
21 S. 318.18(3)(d), F.S.
22 S. 316.2397(5), F.S.
23 S. 316.306(3)(a)1., F.S.
24 S. 337.11(14), F.S.
25 DOT supra note 2 at 5.
26 The Florida Highway Patrol is a division of the Department of Highway Safety and Motor Vehicles.

STORAGE NAME: h0157.TIE                                                                                         PAGE: 4
DATE: 1/10/2022
         District Director of Transportation is required for use on any facility that is not a limited access facility.27
         Work zone speed enforcement services are included in DOT construction or maintenance contracts.
         Funding from the STTF currently supports these DHSMV contracts.28

         Per the Contractual Services Agreement, enforcement services may be requested by DOT on a
         project-by-project basis for the following construction or maintenance items:
              Speed reduction zones;
              Temporary barriers adjacent to through traffic;
              Nighttime work;
              Workers exposed to high-speed traffic (above 55 mph);
              Lane closures on multilane facilities;
              Work within high use signalized intersections;
              High volume urban roadways with lane closures during peak hour traffic; or
              Any other activity where DOT determines that FHP troopers are required to control the speed of
                 traffic for protection of workers and motorists.29

         For each request for law enforcement, DOT provides DSHMV an estimate of work to be performed and
         the price to be paid. DHSMV reviews the request and determines if sufficient staffing and budget is
         available. Staffing is provided using uniformed troopers on overtime from their regular work
         assignments. FHP emergency staffing needs take precedence over work zone hire back patrols.30

         DOT uses funds from construction contracts or maintenance contracts to pay DHSMV. DHSMV
         submits invoices for compensation on a four-week billing period (two bi-weekly pay periods).31

         DHSMV is compensated only for hours in which patrols directly associated with the project are
         performed. Compensation is set at the regular rate of wages per hour multiplied by 1.15 or the rate of
         $40.00 per hour multiplied by 1.15, whichever is greater. For the competitive market areas of Collier,
         Dade, Duval, Escambia, Hillsborough, Lee, Marion, Monroe, Pinellas, Orange, Osceola, Seminole,
         Palm Beach and Broward counties, compensation is set at the regular rate of wages multiplied by 1.15
         or the rate of $50.00 per hour multiplied by 1.15, whichever is greater. DOT reimburses DHSMV for fuel
         at AAA’s current average cost per gallon for Florida, less taxes. Additionally, DOT includes an
         additional 7.5 percent markup on all compensation to cover DHSMV’s indirect costs incurred. Costs
         associated with court appearances and vehicle maintenance costs are the responsibility of DHSMV and
         are not reimbursed by DOT.32

         Effect of the Bill

         The bill authorizes DOT to pay for work zone speed enforcement from the STTF by entering into an
         agreement with FHP. However, it appears that contracts are already in place for these patrols.

         Effective Date

         The bill has an effective date of July 1, 2022.

    B. SECTION DIRECTORY:
         Section 1          Amends s. 206.46, F.S., relating to the State Transportation Trust Fund.

         Section 2          Amends s .337.168, F.S., relating to confidentiality of official estimates, identities of
                            potential bidders, and bid analysis and monitoring system.

27 Section 334.03(12), F.S., defines the term “limited access facility” as a street or highway especially designed for through traffic, and

over, from, or to which owners or occupants of abutting land or other persons have no right or easement of access, light, air , or view by
reason of the fact that their property abuts upon such limited access facility or for any oth er reason.
28 DOT supra note 2 at 5.
29 Id at 5-6.
30 Id.
31 Id.
32 Id.

STORAGE NAME: h0157.TIE                                                                                                              PAGE: 5
DATE: 1/10/2022
         Section 3          Amends s. 339.08, F.S., relating to the use of moneys in the State Transportation Trust
                            Fund.

         Section 4          Provides an effective date.


                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None. See Fiscal Comments.

         2. Expenditures:
             None. See Fiscal Comments.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         None.

     D. FISCAL COMMENTS:
         Public Transportation Funding

         The bill limits the amount of state revenues in the STTF (excluding state revenues used for matching
         federal grants) that may be committed to public transportation projects to 25 percent. Currently, there is
         no limit. Setting a limit may impact projects currently planned in DOT’s 5-year work program if the
         aggregate combined amount for public transportation projects exceeds the proposed cap.33

         According to DOT, the bill may limit its ability to build a work program which responds to local
         transportation needs. Although public transportation projects planned in DOT’s current 5-year work
         program remain within the proposed thresholds, the bill has the potential to limit public transportation
         solutions as a future transportation option when conditions prevent road construction. 34

         Work Zone Enforcement

         The bill authorizes DOT to use moneys in the STTF to contract with FHP for speed zone enforcement
         in work zones. To the extent DOT uses this authority, the bill will cause a decrease in revenues that
         DOT may use on other projects and an increase in revenues to DHSMV of the same amount. However,
         DSHMV must use these revenues to offset the cost of FHP troopers doing speed zone enforcement in
         work zone areas.

         According to DHSMV, if the bill’s intent is to add speed enforcement to additional work zones, it will
         need additional budget authority for FHP to staff DOT’s requests. 35

33 DOT supra note 2 at 8.
34 Id.
35 DHSMV, Agency Analysis of 2022 Senate Bill 398. p. 2. (Oct 13, 2021).

STORAGE NAME: h0157.TIE                                                                                       PAGE: 6
DATE: 1/10/2022
                                                 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 to
            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:
         This bill does not require or authorize rulemaking.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
         The bill repeals a public records exemption by deleting the exemption language and indicating that the
         relevant information is public record. Unless there is a specified statutory exemption, all government
         documents are considered public records. Thus, language indicting that the information is a public
         record is not necessary.

         According to DOT, this may have a negative impact on procurement impact by eliminating
         confidentiality of potential bidders and by allowing documents such as letters of interest to be produced
         as public record during the procurement process.36


                            IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.




36 DOT supra note 2 at 6.

STORAGE NAME: h0157.TIE                                                                                    PAGE: 7
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           HB 157                                                                                                2022




    1                                          A bill to be entitled
    2               An act relating to transportation projects; amending
    3               s. 206.46, F.S.; revising the amount of state revenues
    4               committed by the Department of Transportation for
    5               public transportation projects; amending s. 337.168,
    6               F.S.; providing that a document that reveals the
    7               identity of a potential bidder on a transportation
    8               project is a public record; amending s. 339.08, F.S.;
    9               authorizing the department to enter into an agreement
10                  with the Division of Florida Highway Patrol of the
11                  Department of Highway Safety and Motor Vehicles to pay
12                  for work zone speed enforcement using moneys in the
13                  State Transportation Trust Fund; providing an
14                  effective date.
15
16         Be It Enacted by the Legislature of the State of Florida:
17
18                  Section 1.         Subsection (3) of section 206.46, Florida
19         Statutes, is amended to read:
20                  206.46        State Transportation Trust Fund.—
21                  (3)         Each fiscal year, at least a minimum of 15 percent but
22         not more than 25 percent of all state revenues deposited into
23         the State Transportation Trust Fund, excluding state revenues
24         used for matching federal grants, shall be committed annually by
25         the department for public transportation projects in accordance

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        HB 157                                                                                                2022




26      with chapter 311, ss. 332.003-332.007, chapter 341, and chapter
27      343.
28               Section 2.         Subsection (2) of section 337.168, Florida
29      Statutes, is amended to read:
30               337.168        Confidentiality of official estimates, identities
31      of potential bidders, and bid analysis and monitoring system.—
32               (2)         A document that reveals the identity of a person who
33      has requested or obtained a bid package, plan, or specifications
34      pertaining to any project to be let by the department is
35      confidential and exempt from the provisions of s. 119.07(1) for
36      the period that begins 2 working days before the deadline for
37      obtaining bid packages, plans, or specifications and ends with
38      the letting of the bid. A document that reveals the identity of
39      a person who has requested or obtained a bid package, plan, or
40      specifications pertaining to any project to be let by the
41      department before the 2 working days before the deadline for
42      obtaining bid packages, plans, or specifications remains a
43      public record subject to s. 119.07(1).
44               Section 3.         Paragraph (n) of subsection (1) of section
45      339.08, Florida Statutes, is redesignated as paragraph (o), and
46      a new paragraph (n) is added to that subsection to read:
47               339.08        Use of moneys in State Transportation Trust Fund.—
48               (1)         The department shall expend moneys in the State
49      Transportation Trust Fund accruing to the department, in
50      accordance with its annual budget. The use of such moneys shall

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        HB 157                                                                                                2022




51      be restricted to the following purposes:
52               (n)         To pay for work zone speed enforcement by entering
53      into an agreement with the Division of Florida Highway Patrol of
54      the Department of Highway Safety and Motor Vehicles.
55               Section 4.         This act shall take effect July 1, 2022.




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                                                                                                             hb0157-00
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 157   (2022)
       Amendment No. 1




            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:      Tourism, Infrastructure &
 2     Energy Subcommittee
 3     Representative Andrade offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove everything after the enacting clause and insert:
 7          Section 1.   Subsection (3) of section 206.46, Florida
 8     Statutes, is amended to read:
 9          206.46   State Transportation Trust Fund.—
10          (3)    Unless otherwise specified in the General
11     Appropriations Act, each fiscal year, at least a minimum of 15
12     percent but not more than 25 percent of all state revenues
13     deposited into the State Transportation Trust Fund, excluding
14     state revenues used for matching federal grants, shall be
15     committed annually by the department for public transportation
16     projects in accordance with chapter 311, ss. 332.003-332.007,
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 157   (2022)
       Amendment No. 1


17     chapter 341, and chapter 343.
18          Section 2.   Section 337.025, Florida Statutes, is amended
19     to read:
20          337.025   Innovative transportation projects; department to
21     establish program.—
22          (1)   The department may establish a program for
23     transportation projects demonstrating innovative techniques of
24     highway and bridge design, construction, maintenance, and
25     finance which have the intended effect of measuring resiliency
26     and structural integrity and controlling time and cost increases
27     on construction projects. Such techniques may include, but are
28     not limited to, state-of-the-art technology for pavement,
29     safety, and other aspects of highway and bridge design,
30     construction, and maintenance; innovative bidding and financing
31     techniques; progressive design-build contracts; accelerated
32     construction procedures; and those techniques that have the
33     potential to reduce project life cycle costs. To the maximum
34     extent practical, the department must use the existing process
35     to award and administer construction and maintenance contracts.
36     When specific innovative techniques are to be used, the
37     department is not required to adhere to those provisions of law
38     that would prevent, preclude, or in any way prohibit the
39     department from using the innovative technique. However, before
40     using an innovative technique that is inconsistent with another
41     provision of law, the department must document in writing the
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 157   (2022)
       Amendment No. 1


42     need for the exception and identify what benefits the traveli ng
43     public and the affected community are anticipated to receive.
44     The department may enter into no more than $120 million in
45     contracts awarded annually for the purposes authorized by this
46     section.
47          (2)    The annual cap on contracts provided in subsection (1)
48     does not apply to:
49          (a)    Turnpike enterprise projects.
50          (b)    Progressive design-build contracts for complex, high
51     risk projects with a minimum contract value of $400 million Low-
52     bid design-build milling and resurfacing contracts.
53          Section 3.   Subsection (7) of section 337.11, Florida
54     Statutes, is amended to read:
55          337.11   Contracting authority of department; bids;
56     emergency repairs, supplemental agreements, and change orders;
57     combined design and construction contracts; progress payments;
58     records; requirements of vehicle registration.—
59          (7)(a)   If the department determines that it is in the best
60     interests of the public, the department may combine the design
61     and construction phases of a building, a major bridge, a limited
62     access facility, or a rail corridor project into a single
63     contract. Such contract is referred to as a design-build
64     contract.
65          (b)    If the department determines that it is in the best
66     interest of the public, the department may combine the design
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 157   (2022)
       Amendment No. 1


67     and construction phase of a project into a single contract and
68     select the design-build firm in the early stages of the project
69     to ensure that the design-build firm is part of the
70     collaboration and development of the design as part of a step -
71     by-step progression through construction. Such contract is
72     referred to as a progressive design-build contract. For
73     progressive design-build contracts, the selection and award
74     process shall include a two-phase process. For phase one, the
75     department shall competitively award the contract to a design -
76     build firm based upon qualifications. For phase two, the design-
77     build firm shall competitively bid construction trade and
78     subcontractor packages and based upon these bids, negotiate with
79     the department a fixed firm price or guaranteed maximum price
80     that meets the project budget and scope, as advertised in the
81     request for qualification.
82          (c) Design-build contracts and progressive design-build
83     contracts may be advertised and awarded notwithstanding the
84     requirements of paragraph (3)(c). However, construction
85     activities may not begin on any portion of such projects for
86     which the department has not yet obtained title to the necessary
87     rights-of-way and easements for the construction of that portion
88     of the project has vested in the state or a local governmental
89     entity and all railroad crossing and utility agreements have
90     been executed. Title to rights-of-way shall be deemed to have
91     vested in the state when the title has been dedicated to the
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                                                    Bill No. HB 157    (2022)
        Amendment No. 1


 92     public or acquired by prescription.
 93          (d)(b)   The department shall adopt by rule procedures for
 94     administering design-build contracts and progressive design-
 95     build contracts. Such procedures shall include, but not be
 96     limited to:
 97          1.   Prequalification requirements.
 98          2.   Public announcement procedures.
 99          3.   Scope of service requirements.
100          4.   Letters of interest requirements.
101          5.   Short-listing criteria and procedures.
102          6.   Bid proposal requirements.
103          7.   Technical review committee.
104          8.   Selection and award processes.
105          9.   Stipend requirements.
106          (e)(c)   The department must receive at least three letters
107     of interest in order to proceed with a request for proposals.
108     The department shall request proposals from no fewer than three
109     of the design-build firms submitting letters of interest. If a
110     design-build firm withdraws from consideration after the
111     department requests proposals, the department may continue if at
112     least two proposals are received.
113          Section 4.   Subsections (4) and (7) of section 337.14,
114     Florida Statutes, is amended to read:
115          337.14   Application for qualification; certificate of
116     qualification; restrictions; request for hearing.—
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                                                    Bill No. HB 157   (2022)
        Amendment No. 1


117          (4)   If the applicant is found to possess the prescribed
118     qualifications, the department shall issue to him or her a
119     certificate of qualification that, unless thereafter revoked by
120     the department for good cause, will be valid for a period of 18
121     months after the date of the applicant's financial statement or
122     such shorter period as the department prescribes. Submission of
123     an application does and subsequent approval do not affect
124     expiration of the certificate of qualification. An applicant may
125     submit a written request with a timely submitted application to
126     keep an existing certificate of qualification in place until the
127     expiration date. If the request is approved by the department,
128     the current maximum capacity rating of the applicant will remain
129     in place until expiration of the current certificate of
130     qualification, the ability factor of the applicant, or the
131     maximum capacity rating of the applicant. If the department
132     finds that an application is incomplete or contains inadequat e
133     information or information that cannot be verified, the
134     department may request in writing that the applicant provide the
135     necessary information to complete the application or provide the
136     source from which any information in the application may be
137     verified. If the applicant fails to comply with the initial
138     written request within a reasonable period of time as specified
139     therein, the department shall request the information a second
140     time. If the applicant fails to comply with the second request
141     within a reasonable period of time as specified therein, the
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                                                    Bill No. HB 157    (2022)
        Amendment No. 1


142     application shall be denied.
143          (7)   A "contractor" as defined in s. 337.165(1)(d) or his
144     or her "affiliate" as defined in s. 337.165(1)(a) qualified with
145     the department under this section may not also qualify u nder s.
146     287.055 or s. 337.105 to provide testing services, construction,
147     engineering, and inspection services to the department. This
148     limitation does not apply to any design-build, including
149     progressive design-build, prequalification under s. 337.11(7)
150     and does not apply when the department otherwise determines by
151     written order entered at least 30 days before advertisement that
152     the limitation is not in the best interests of the public with
153     respect to a particular contract for testing services,
154     construction, engineering, and inspection services. This
155     subsection does not authorize a contractor to provide testing
156     services, or provide construction, engineering, and inspection
157     services, to the department in connection with a construction
158     contract under which the contractor is performing any work.
159     Notwithstanding any other provision of law to the contrary, for
160     a project that is wholly or partially funded by the department
161     and administered by a local governmental entity, except for a
162     seaport listed in s. 311.09 or an airport as defined in s.
163     332.004, the entity performing design and construction
164     engineering and inspection services may not be the same entity.
165          Section 5.   Subsection (3) of section 337.168, Florida
166     Statutes, is redesignated as subsection (2) and present
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 157   (2022)
        Amendment No. 1


167     subsection (2) is amended to read:
168          337.168   Confidentiality of official estimates, identities
169     of potential bidders, and bid analysis and monitoring system.—
170          (2)   A document that reveals the identity of a person who
171     has requested or obtained a bid package, plan, or specifications
172     pertaining to any project to be let by the department is
173     confidential and exempt from the provisions of s. 119.07(1) for
174     the period that begins 2 working days before the deadline for
175     obtaining bid packages, plans, or specifications and ends with
176     the letting of the bid. A document that reveals the identity of
177     a person who has requested or obtained a bid package, plan, or
178     specifications pertaining to any project to be let by the
179     department before the 2 working days before the dea dline for
180     obtaining bid packages, plans, or specifications remains a
181     public record subject to s. 119.07(1).
182          Section 6.   This act shall take effect July 1, 2022.
183
184           -----------------------------------------------------
185                        T I T L E   A M E N D M E N T
186          Remove everything before the enacting clause and insert:
187     An act relating to transportation projects; amending s. 206.46,
188     F.S.; revising the amount of state revenues committed by the
189     Department of Transportation for public transportation projects;
190     providing an exception; amending s. 337.025, F.S.; including
191     progressive design-build contracts as an innovative technique
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 157   (2022)
        Amendment No. 1


192     that the department may use; providing an exception to the
193     annual monetary cap on contracts for projects that demonstrate
194     innovative techniques; amending s. 337.11, F.S.; removing limits
195     on the types of projects that the department may combine into a
196     design-build contract; providing terms under which the
197     department may enter into progressive design-build contracts;
198     providing for a selection and award process; providing for
199     advertising of such contracts; requiring rulemaking; amending s.
200     337.14, F.S.; providing that an applicant may request to keep an
201     existing certificate of qualification under certain
202     circumstances; providing for the maximum capacity rating of the
203     applicant to remain in place; amending s. 337.168, F.S.;
204     removing a public records exemption for documents that reveal
205     the identity of a potential bidder on a transportation project;
206     providing an effective date.




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HB 223
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 223 Mobile Home Registration Periods
SPONSOR(S): Maney
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Tourism, Infrastructure & Energy Subcommittee                                    Johnson            Keating

    2) Commerce Committee


                                            SUMMARY ANALYSIS
Under Florida law, a mobile home is taxed as real property if the owner of the mobile home also owns the land
on which the mobile home is permanently affixed. Mobile homes not taxed as real property must be registered
with the Department of Highway Safety and Motor Vehicles (DHSMV) and pay a license tax. Based on the
length of the mobile home, license taxes range from $20 to 80 per year.

The registration period for a mobile home is from January 1 through December 31, and the renewal period
begins 31 days prior to expiration. For most motor vehicles owned by natural persons, the registration period is
the first day of the owner’s birth month through the last day of the month immediately preceding the owner’s
birth month in the succeeding year.

The bill revises the registration period for mobile homes owned by natural persons to match the registration
period for most other motor vehicles. This new registration period will run from the first day of the owner’s birth
month through the last day of the month immediately preceding the owner’s birth month in the succeeding
year. For mobile homes not owned by a natural person (i.e., registered to a business), the registration period
remains January 1 through December 31, with the renewal period the 31-day period before expiration.

The bill will have an insignificant negative fiscal impact on interest earned by state and local governments due
to the change in timing of mobile home registration revenues. DSHMV will also incur programming
expenditures associated with the change in registration periods, but these costs can be absorbed using
existing resources.

The bill has an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0223.TIE
DATE: 1/10/2022
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Under Florida law, a mobile home is defined as a structure, transportable in one or more sections,
         which is eight body feet or more in width and which is built on an integral chassis and designed to be
         used as a dwelling when connected to the required utilities and includes the plumbing, heating, air-
         conditioning, and electrical systems contained therein. 1

         A mobile home is taxed as real property if the owner of the mobile home also owns the land on which
         the mobile home is permanently affixed. A mobile home taxed as real property is issued an “RP” series
         sticker to affix onto the mobile home.2 In this situation, a mobile home owner must obtain a Declaration
         of Real Property from the county property appraiser. Then, the owner must present this declaration to
         the county tax collector and purchase an RP decal for his or her mobile home. 3

         A mobile home not taxed as real property must have a current license plate, issued by the Department
         of Highway Safety and Motor Vehicles (DHSMV), and pay the appropriate registration fee.4

         Section 320.08(11), F.S., requires the following annual license tax to be paid for mobile homes required
         to have a license plate, based on the length of the mobile home:

          Length of Mobile Home                                       Annual License Tax
          Not exceeding 35 feet                                       $20
          Over 35 feet, but not exceeding 40 feet                     $25
          Over 40 feet, but not exceeding 45 feet                     $30
          Over 45 feet, but not exceeding 50 feet                     $35
          Over 50 feet, but not exceeding 55 feet                     $40
          Over 55 feet, but not exceeding 60 feet                     $45
          Over 60 feet, but not exceeding 65 feet                     $50
          Over 65 feet                                                $80

         For mobile homes subject to registration with DHSMV, the registration period begins January 1 and
         ends December 31, with the renewal period being the 31 days before expiration. 5 Therefore, all mobile
         homes registered with DHSMV must have their registration renewed in December. It is a violation of
         law to fail to display a current registration decal. Mobile homes that fail to properly display a current
         decal are subject to late fees or tangible personal property taxes. Mobile home registration and decal
         renewals may be conducted online, by mail, or at a county tax collector’s office.6

         According to DHSMV, during Fiscal Year 2020-2021, it processed 312,224 mobile home registration
         renewal transactions. Of these, 73,979 are registered to businesses. Additionally, approximately
         600,000 mobile homes are registered as real property.7

         For most motor vehicles owned by a natural person, the registration period begins the first day of the
         owner’s birth month and ends the last day of the month immediately preceding the owner's birth month
         in the succeeding year. If the vehicle is registered in the name of more than one person, the birth
         month of the person whose name first appears on the registration is used to determine the registration

1 S. 320.01(2)(a), F.S.
2 S. 193.075(1), F.S. This provision does not apply to a mobile home that is being held for display by a licensed mobile home d ealer or

a licensed mobile home manufacturer and that is not rented or occupied.
3 Department of Highway Safety and Motor Vehicles (DHSMV), Agency Analysis of 2022 House Bill 223, p. 2. (Nov. 29, 2021).
4 See s. 320.08(11), F.S.
5 S. 322.055(2), F.S.
6 DHSMV, supra note 3.
7 Id. at 3.

STORAGE NAME: h0223.TIE                                                                                                          PAGE: 2
DATE: 1/10/2022
         period. For vehicles subject to this registration period, the renewal period is the 30-day period ending at
         midnight on the vehicle owner's date of birth.8

         Effect of the Bill

         The bill changes the registration period of a mobile home owned by a natural person to the first day of
         the birth month of the owner through the last day of the month immediately preceding the owner's birth
         month in the succeeding year. If the vehicle is registered in the name of more than one person, the
         birth month of the person whose name first appears on the registration is used to determine the
         registration period. For a vehicle subject to this registration period, the renewal period is the 30-day
         period ending at midnight on the vehicle owner's date of birth. Thus, the bill conforms the registration
         period for mobile homes owned by natural persons to the registration period for most motor vehicles
         owned by natural persons.

         For mobile homes not owned by a natural person (i.e., registered to a business), the registration period
         remains January 1 through December 31, with the renewal period the 31-day period before expiration.
         Registration renewals for these mobile homes will continue to take place in December.

         The bill has an effective date of July 1, 2022.

    B. SECTION DIRECTORY:
         Section 1        Amends s. 320.055, F.S., relating to registration periods; renewal periods.

         Section 2        Provides an effective date.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
              On December 3, 2021, the Revenue Estimating Conference determined that the bill will have an
              insignificant negative fiscal impact on state government revenues. This impact is associated with
              changes to interest revenues due to changes in the timing of registration renewals.9

         2. Expenditures:
              DSHMV will incur programming costs related to its various computer systems ; however, this
              programming can be done using existing DHSMV resources. 10

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
              On December 3, 2021, the Revenue Estimating Conference determined that will have an
              insignificant negative fiscal impact on local government revenues. This impact is associated with
              changes to interest revenues due to changes in the timing of registration renewals.11

         2. Expenditures:
              None.



8 S. 320.01(1)(a), F.S.
9 Revenue Estimating Conference (REC), Results of HB 223 (Dec. 3, 2021).

http://edr.state.fl.us/Content/conferences/revenueimpact/archives/2022/_pdf/page68-70.pdf (last visited Dec. 13, 2021).
10 Email from Kevin Jacobs, Legislative Affairs Director, DHSMV, RE: HB 223 Mobile Home Registration -Fiscal (Jan. 10, 2022)
11 REC, supra note 9.

STORAGE NAME: h0223.TIE                                                                                                        PAGE: 3
DATE: 1/10/2022
    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:
         This bill does not require or authorize rulemaking.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
         The bill does not provide for prorated registration fees during the transition to a new registration period.
         Similar legislation passed in 2019 related to the registration of heavy trucks provided for prorated
         fees.12 The sponsor may wish to include a similar provision in this bill.

         DHSMV is currently in the process of starting Phase II of its Motorist Modernization project, which will
         rewrite the Florida Real-Time Vehicle Information System (FRVIS). DHSMV expects it to be completed
         in late 2023. In order to mitigate any duplication of programming, which would extend Phase II, DHSMV
         recommends that the effective date of the bill be extended to September 1, 2024.13


                               IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.




12 Ch. 2019-66, Laws of Fla.
13 DHSMV, supra note 3 at 6.

STORAGE NAME: h0223.TIE                                                                                        PAGE: 4
DATE: 1/10/2022
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 223                                                                                                2022




    1                                         A bill to be entitled
    2               An act relating to mobile home registration periods;
    3               amending s. 320.055, F.S.; revising the registration
    4               and registration renewal periods for a mobile home
    5               owned by a natural person; providing an effective
    6               date.
    7
    8      Be It Enacted by the Legislature of the State of Florida:
    9
10                  Section 1.        Paragraph (a) of subsection (1) and subsection
11         (2) of section 320.055, Florida Statutes, are amended to read:
12                  320.055      Registration periods; renewal periods.—The
13         following registration periods and renewal periods are
14         established:
15                  (1)(a)      For a motor vehicle subject to registration under
16         s. 320.08(1), (2), (3), (4)(a) or (b), (5)(b), (c), (d), or (f),
17         (6)(a), (7), (8), (9), or (10), or (11) and owned by a natural
18         person, the registration period begins the first day of the
19         birth month of the owner and ends the last day of the month
20         immediately preceding the owner's birth month in the succeeding
21         year. If such vehicle is registered in the name of more than one
22         person, the birth month of the person whose name first appears
23         on the registration shall be used to determine the registration
24         period. For a vehicle subject to this registration period, the
25         renewal period is the 30-day period ending at midnight on the

                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0223-00
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 223                                                                                                2022




26      vehicle owner's date of birth.
27               (2)         For a vehicle subject to registration under s.
28      320.08(11) and not owned by a natural person, the registration
29      period begins January 1 and ends December 31. For a vehicle
30      subject to this registration period, the renewal period is the
31      31-day period before prior to expiration.
32               Section 2.         This act shall take effect July 1, 2022.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0223-00
      TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

                          HB 223 by Rep. Maney
                     Mobile Home Registration Periods

                           AMENDMENT SUMMARY
                              January 12, 2022


Amendment 1 by Rep. Maney (Line 32):

  •   Requires the Department of Highway Safety and Motor Vehicles to give
      customers the option to renew their mobile home registrations on their dates of
      birth in 2024 or 2025 so that the renewal fees can be prorated.
  •   Changes the effective date of the bill to September 1, 2023.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 223   (2022)
       Amendment No. 1




            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:      Tourism, Infrastructure &
 2     Energy Subcommittee
 3     Representative Maney offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove line 32 and insert:
 7          Section 2.   Beginning September 1, 2023, in order to
 8     implement the amendment made by this act to s. 320.055, Florida
 9     Statutes, the Department of Highway Safety and Motor Vehicles
10     shall give customers the option to renew their registrations on
11     their dates of birth in 2024 or 2025. Customers whose dates of
12     birth occur in the months of January through June may choose to
13     renew for 1 to 18 months. Customers whose dates of birth occur
14     in the months of July through December may choose to renew fo r 7
15     to 24 months.
16          Section 3.   This act shall take effect September 1, 2023.
     593861 - h0223-line 32.docx
      Published On: 1/11/2022 6:09:24 PM
                                   Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 223   (2022)
       Amendment No. 1


17
18           -----------------------------------------------------
19                       T I T L E   A M E N D M E N T
20          Remove line 5 and insert:
21     owned by a natural person; requiring the Department of Highway
22     Safety and Motor Vehicles, beginning on a specified date, to
23     give customers the option to renew their registrations on their
24     dates of birth in certain years; specifying permissible renewal
25     periods for such renewals; providing an effective




     593861 - h0223-line 32.docx
      Published On: 1/11/2022 6:09:24 PM
                                   Page 2 of 2
HB 315
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 315 Transportation Facility Designations
SPONSOR(S): Williamson
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Tourism, Infrastructure & Energy Subcommittee                                    Walsh              Keating

  2) Infrastructure & Tourism Appropriations
     Subcommittee

  3) Commerce Committee


                                             SUMMARY ANALYSIS
Under current law, the Legislature may designate a transportation facility, such as a bridge, interchange, or
portion of a road, for honorary or memorial purposes or to distinguish a particular facility. Legislative
designations do not change the official names of the facilities. The Department of Transportation (DOT) erects
markers for each designation, but may not do so until the appropriate city or county commission passes a
resolution in support of the designation.

The bill designates “Reverend Murray Hamilton, Sr., Highway” in Santa Rosa County. Under the bill, DOT must
erect suitable markers for the road designation.

The bill will have an insignificant negative fiscal impact to the State Transportation Trust Fund associated with
erecting suitable markers for the designation. The cost can be absorbed within DOT’s existing resources.

The bill provides an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0315.TIE
DATE: 1/10/2022
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Transportation Facility Designations
        Under current law, the Legislature may designate a transportation facility, such as a bridge,
        interchange, or portion of a road, for honorary or memorial purposes or to distinguish a particular
        facility. Legislative designations do not change the official names of the designated facilities, and do not
        require local governments or private entities to change street signs, mailing addresses, or 911
        emergency telephone-number system listings to account for the designations.1

        Current law sets standards for the naming of state buildings and other facilities. The law provides that
        except as specifically provided by law, state buildings, roads, bridges, parks, recreational complexes,
        and other similar facilities may not be named for a living person.2

        Road Markers
        The Department of Transportation (DOT) must place a marker at each terminus or intersection of a
        designated road, bridge, or other transportation facility and erect other markers it deems appropriate for
        the facility.3 Road markers may not be erected until the appropriate city or county commission passes a
        resolution in support of a particular designation. Additionally, if a designated facility extends through
        multiple cities or counties, a resolution must be passed by each affected local government before the
        road markers can be erected by DOT.4

        Reverend Murray Hamilton, Sr.
        Reverend Murray Hamilton, Sr., served in the United States Navy and worked for Monsanto/Solutia for
        37 years. His life's work revolved around building the community, and he was influential in developing
        many programs and organizations in Milton, Florida. Reverend Hamilton passed away on January 25,
        2021.5

        Effect of the Bill

        Under the bill, that portion of U.S. 90 between Canal Street and Stewart Street in Santa Rosa County is
        designated as “Reverend Murray Hamilton, Sr., Highway.” The bill directs DOT to erect suitable
        markers.

    B. SECTION DIRECTORY:
        Section 1: Designates “Reverend Murray Hamilton, Sr., Highway.”

        Section 2: Provides an effective date of July 1, 2022.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            None.


1 S. 334.071(1), F.S.
2 S. 267.062(1), F.S.
3 S. 334.071(2), F.S.
4 S. 334.071(3), F.S.
5 Email from Sydney Fowler, Legislative Aide, Office of Representative Jayer Williamson, HB 315, (Oct. 27, 2021).
STORAGE NAME: h0315.TIE                                                                                             PAGE: 2
DATE: 1/10/2022
       2. Expenditures:
           DOT estimates a cost of $1,040 for the appropriate markers, which provides for two signs per
           designation at $520 per sign.6 Therefore, the bill has an estimated negative fiscal impact of $1,040
           to the State Transportation Trust Fund. This cost can be absorbed within existing DOT resources.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   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 affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




6 Email from Amanda Marsh, Legislative  Analyst, Florida Department of Transportation, FDOT Memorial Roadway
Designation Sign Estimate, (Sep. 15, 2021).
STORAGE NAME: h0315.TIE                                                                                        PAGE: 3
DATE: 1/10/2022
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 315                                                                                                2022




    1                                          A bill to be entitled
    2               An act relating to transportation facility
    3               designations; providing an honorary designation of a
    4               certain transportation facility in a specified county;
    5               directing the Department of Transportation to erect
    6               suitable markers; providing an effective date.
    7
    8      Be It Enacted by the Legislature of the State of Florida:
    9
10                  Section 1.         Reverend Murray Hamilton, Sr., Highway
11         designated; Department of Transportation to erect suitable
12         markers.—
13                  (1)         That portion of U.S. 90 between Canal Street and
14         Stewart Street in Santa Rosa County is designated as "Reverend
15         Murray Hamilton, Sr., Highway."
16                  (2)         The Department of Transportation is directed to erect
17         suitable markers designating Reverend Murray Hamilton, Sr.,
18         Highway as described in subsection (1).
19                  Section 2.         This act shall take effect July 1, 2022.




                                                         Page 1 of 1

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0315-00
HB 331
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 331 Transportation Facility Designations
SPONSOR(S): Williamson
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Tourism, Infrastructure & Energy Subcommittee                                    Walsh              Keating

  2) Infrastructure & Tourism Appropriations
     Subcommittee

  3) Commerce Committee


                                             SUMMARY ANALYSIS
Under current law, the Legislature may designate a transportation facility, such as a bridge, interchange, or
portion of a road, for honorary or memorial purposes or to distinguish a particular facility. Legislative
designations do not change the official names of the facilities. The Department of Transportation (DOT) erects
markers for each designation, but may not do so until the appropriate city or county commission passes a
resolution in support of the designation.

The bill designates “Ira Mae Wells-Bruce Memorial Highway” in Santa Rosa County and directs DOT to erect
suitable markers.

The bill will have an insignificant negative fiscal impact to the State Transportation Trust Fund associated with
erecting suitable markers for the designation. The cost can be absorbed within DOT’s existing resources.

The bill provides an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0331.TIE
DATE: 1/10/2022
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Transportation Facility Designations
        Under current law, the Legislature may designate a transportation facility, such as a bridge,
        interchange, or portion of a road, for honorary or memorial purposes or to distinguish a particular
        facility. Legislative designations do not change the official names of the designated facilities, and do not
        require local governments or private entities to change street signs, mailing addresses, or 911
        emergency telephone-number system listings to account for the designations.1

        Current law sets standards for the naming of state buildings and other facilities. The law provides that
        except as specifically provided by law, state buildings, roads, bridges, parks, recreational complexes,
        and other similar facilities may not be named for a living person. 2

        Road Markers
        The Department of Transportation (DOT) must place a marker at each terminus or intersection of a
        designated road, bridge, or other transportation facility and erect other markers it deems appropriate for
        the facility.3 Road markers may not be erected until the appropriate city or county commission passes a
        resolution in support of a particular designation. Additionally, if a designated facility extends through
        multiple cities or counties, a resolution must be passed by each affected local government before the
        road markers can be erected by DOT.4

        Ira Mae Wells-Bruce
        Ira Mae Wells-Bruce was Santa Rosa County’s first female commissioner and presided over numerous
        business and civic organizations. Additionally, Ms. Bruce was co-broker/owner of Century 21 Island
        View Realty.5 Ms. Bruce passed away on December 1, 2020.6

        Effect of the Bill

        Under the bill, that portion of S.R. 87 between E. Bay Boulevard and U.S. 98 in Santa Rosa County is
        designated as “Ira Mae Wells-Bruce Memorial Highway.” The bill requires DOT to erect suitable
        markers.

    B. SECTION DIRECTORY:
        Section 1: Designates “Ira Mae Wells-Bruce Memorial Highway.”

        Section 2: Provides an effective date of July 1, 2022.



                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

1 S. 334.071(1),   F.S.
2 S. 267.062(1),   F.S.
3 S. 334.071(2), F.S.
4 S. 334.071(3), F.S.
5 South Santa Rosa News (@SouthSRNews), Facebook (Dec. 1, 2020, 3:22 PM),

https://www.facebook.com/1619922901599897/posts/santa-rosa-countys-first-female-county-commissioner-has-passed-
away-it-is-with-i/2817435305181978/ (last visited Jan. 6, 2022).
6 Celebration of life to be held for Ira Mae Bruce, Navarre Press (May 1, 2021), https://navarrepress.com/celebration-of-

life-to-be-held-for-ira-mae-bruce/ (last visited Jan. 6, 2022).
STORAGE NAME: h0331.TIE                                                                                             PAGE: 2
DATE: 1/10/2022
       1. Revenues:
           None.

       2. Expenditures:
           DOT estimates a cost of $1,040 for the appropriate markers, which provides for two signs per
           designation at $520 per sign.7 Therefore, the bill has an estimated negative fiscal impact of $1,040
           to the State Transportation Trust Fund. This cost can be absorbed within existing DOT resources.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   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 affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




7 Email from Amanda Marsh, Legislative  Analyst, Florida Department of Transportation, FDOT Memorial Roadway
Designation Sign Estimate, (Sep. 15, 2021).
STORAGE NAME: h0331.TIE                                                                                        PAGE: 3
DATE: 1/10/2022
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 331                                                                                                2022




    1                                          A bill to be entitled
    2               An act relating to transportation facility
    3               designations; providing an honorary designation of a
    4               certain transportation facility in a specified county;
    5               directing the Department of Transportation to erect
    6               suitable markers; providing an effective date.
    7
    8      Be It Enacted by the Legislature of the State of Florida:
    9
10                  Section 1.         Ira Mae Wells-Bruce Memorial Highway
11         designated; Department of Transportation to erect s uitable
12         markers.—
13                  (1)         That portion of S.R. 87 between E. Bay Boulevard and
14         U.S. 98 in Santa Rosa County is designated as "Ira Mae Wells -
15         Bruce Memorial Highway."
16                  (2)         The Department of Transportation is directed to erect
17         suitable markers designating Ira Mae Wells-Bruce Memorial
18         Highway as described in subsection (1).
19                  Section 2.         This act shall take effect July 1, 2022.




                                                         Page 1 of 1

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0331-00
HB 481
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 481 Temporary Underground Power Panels
SPONSOR(S): Duggan
TIED BILLS:       IDEN./SIM. BILLS: SB 1332

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Tourism, Infrastructure & Energy Subcommittee                                    Walsh              Keating

  2) Local Administration & Veterans Affairs
     Subcommittee

  3) Commerce Committee


                                             SUMMARY ANALYSIS
When a residential home is under construction on undeveloped property, the homebuilder may arrange for
temporary electric service to provide power to the property through the construction process. If the residence
is ultimately going to receive power through an underground service line when the resident takes occupancy, a
reduced cost alternative to a temporary power pole on a construction site is temporary underground (TUG)
service.

A TUG connection is available for underground residential services where the permanent approved meter
socket, meter, and downpipe are configured such that they can be used for temporary service. After the
homeowner takes occupancy of the house, the TUG connection installed during construction is then used to
provide electric service to the residence.

Before installing TUG service on a construction site, a builder must get approval from the county or
municipality, often through the county or municipality’s building department.

The National Electrical Code (NEC) is published by the National Fire Protection Association, and serves to
safeguard persons and property from hazards arising from the use of electricity.

The bill provides that neither counties nor municipalities may enact any ordinance, regulation, or policy that
prevents, or has the effect of preventing, an electric utility from installing a temporary underground power
panel, so long as the temporary underground power panel meets the requirements of Article 590 of the
National Electrical Code, 2021 edition.

Under the bill, a county or municipality may not require a permanent inspection after it has conducted a
temporary inspection of the temporary underground power panel.

The bill would be effective July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0481.TIE
DATE: 1/10/2022
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Temporary Underground Power
        When a residential home is under construction on undeveloped property, the homebuilder may arrange
        for temporary electric service, to provide power to the property through the construction process.
        Builders may opt for temporary power poles, which allow them to get enough energy for the necessary
        equipment on the job site.1 If the residence is ultimately going to receive power through an underground
        service line when the resident takes occupancy, a reduced cost alternative to a temporary power pole is
        temporary underground (TUG) service.2

        The TUG alternative is available for underground residential services where the permanent approved
        meter socket, meter, and downpipe are configured such that they can be used for temporary service. 3
        In local jurisdictions that allow TUG service, after construction reaches a certain point and a temporary
        inspection takes place, the electric utility installs the permanent service to the meter socket.4 The
        installed permanent service is then used for construction until the Certificate of Occupancy is obtained. 5
        After the homeowner takes occupancy of the house, the permanent connection installed for TUG
        service during construction is then used to provide electric service to the residence.

        Before installing TUG service on a construction site, a builder must get approval from the county or
        municipality, often through the county or municipality’s building department.6 Many, but not all, Florida
        counties and municipalities offer TUG agreements. An internet search reflects that some of the counties
        and municipalities that have a TUG program include: Orange County, Osceola County, Palm Beach
        County, Pasco County, Pinellas County, Volusia County, Altamonte Springs, Fort Myers, Melbourne,
        Orlando, and Tarpon Springs.

        National Electrical Code
        The National Electrical Code (NEC) is published by the National Fire Protection Association and is
        updated every couple of years.7 All 50 states have adopted the NEC, as it serves to safeguard persons
        and property from hazards arising from the use of electricity. 8 The most recent version of the NEC was
        published in 2020.9 Article 590 of the NEC covers temporary electrical power and lighting installations.10

        Effect of the Bill

        The bill provides that neither counties nor municipalities may enact any ordinance, regulation, or policy
        that prevents, or has the effect of preventing, an electric utility from installing a temporary underground
        power panel, so long as the temporary underground power panel meets the requirements of Article 590


1 Step-by-Step Guide: Temporary     Construction Site Power, PowerPlus, https://www.powerplus.com/industrial-power-
blog/construction-site-temporary-power/ (last visited Jan. 8, 2022).
2 See, e.g., Florida Power and Light, Electric Service Standards (April 2021), at 10.
3 See, e.g., Id.
4 See, e.g., Orlando Utilities Commission, How to Obtain Temporary Underground Service,

https://www.ouc.com/docs/customer-brochures/broc_tug.pdf?sfvrsn=9769e278_6 (last visited Jan. 8, 2022); and Electric
Service Standards at 10.
5 See, e.g., Id.
6 See, e.g., Id.
7 National Fire Protection Association, NFPA 70, https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-

of-codes-and-standards/det ail?code=70 (last visited Jan. 10, 2022).
8 Id.; National Fire Protection Association, National Electrical Code, 29 (2020), available at https://www.nfpa.org/codes-

and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?c ode= 70 (last visited Jan. 10, 2021).
9 National Fire Protection Association, NFPA 70.
10 National Fire Protection Association, National Electrical Code at 504.
STORAGE NAME: h0481.TIE                                                                                             PAGE: 2
DATE: 1/10/2022
       of the National Electrical Code, 2021 edition. The bill refers to temporary underground power panels as
       possibly having a meter, meter socket, and downpipe.

       Under the bill, a county or municipality may not require a permanent inspection after it has conducted a
       temporary inspection of the temporary underground power panel.

   B. SECTION DIRECTORY:
       Section 1: Creates s. 125.488, F.S., relating to ordinances, regulations, and policies concerning
       temporary underground power panels.

       Section 2: Creates s. 166.0484, F.S., relating to ordinances, regulations, and policies concerning
       temporary underground power panels.

       Section 3: Provides that the bill shall take effect July 1, 2022.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           Indeterminate. See Fiscal Comments.

       2. Expenditures:
           Indeterminate. See Fiscal Comments.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Homebuilders may have fewer expenditures on fees associated with TUG inspections.

   D. FISCAL COMMENTS:
       Local government codes relating to TUG service, including fees and inspection requirements, vary
       across the state. Thus, the bill’s impact may vary by jurisdiction.


                                                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:

STORAGE NAME: h0481.TIE                                                                                    PAGE: 3
DATE: 1/10/2022
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       The bill uses the term “temporary underground power panel” but does not define it. While this term may
       have a generally accepted meaning in the construction and utility industry, the inclusion of a definition
       in the bill would ensure clarity for implementation purposes.

       The bill references Article 590 of the National Electrical Code, 2021 edition. According to the National
       Fire Protection Association website, the 2020 edition is the latest edition of the NEC.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




STORAGE NAME: h0481.TIE                                                                                    PAGE: 4
DATE: 1/10/2022
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 481                                                                                                2022




    1                                         A bill to be entitled
    2               An act relating to temporary underground power panels;
    3               creating ss. 125.488 and 166.0484, F.S.; prohibiting
    4               counties and municipalities from enacting ordinances,
    5               regulations, or policies that prevent certain electric
    6               utilities from installing temporary underground power
    7               panels and from requiring permanent inspections of
    8               such panels under specified conditions; specifying
    9               requirements; prohibiting municipalities and counties
10                  from requiring permanent inspections under specified
11                  conditions; providing an effective date.
12
13         Be It Enacted by the Legislature of the State of Florida:
14
15                  Section 1.        Section 125.488, Florida Statutes, is created
16         to read:
17                  125.488      Ordinances, regulations, and policies concerning
18         temporary underground power panels.—A county may not enact any
19         ordinance, regulation, or policy that prevents or has the effect
20         of preventing an electric utility, as defined in s. 366.02(2),
21         from installing a temporary underground power panel that may
22         include a meter socket, meter, and downpipe if the temporary
23         underground power panel meets the requirements of Article 590 of
24         the National Electrical Code, 2021 edition, during the
25         construction and installation of the temporary underground power

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                                                                                                                hb0481-00
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 481                                                                                                2022




26      panel. The county may not require that a permanent inspection be
27      conducted after it has conducted a temporary inspection of the
28      temporary underground power panel.
29               Section 2.        Section 166.0484, Florida Statutes, is created
30      to read:
31               166.0484         Ordinances, regulations, and policies concerning
32      temporary underground power panels.—A municipality may not enact
33      any ordinance, regulation, or policy that prevents or has the
34      effect of preventing an electric utility, as defined in s.
35      366.02(2), from installing a temporary underground power panel
36      that may include a meter socket, meter, and downpipe if the
37      temporary underground power panel meets the requirements of
38      Article 590 of the National Electrical Code, 2021 edition,
39      during the construction and installation of the temporary
40      underground power panel. The municipality may not require that a
41      permanent inspection be conducted after it has conducted a
42      temporary inspection of the temporary underground power panel.
43               Section 3.        This act shall take effect July 1, 2022.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0481-00
      TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

                         HB 481 by Rep. Duggan
                   Temporary Underground Power Panels

                           AMENDMENT SUMMARY
                              January 12, 2022


Amendment 1 by Rep. Duggan (Strike All):

  •   Defines the term “temporary underground power panel.”
  •   Corrects a reference to the National Electrical Code to incorporate the most
      recent edition.
  •   Clarifies that a county or municipality may not require a subsequent inspection of
      a temporary underground power panel as a condition of issuance of the
      certificate of occupancy.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 481   (2022)
       Amendment No. 1




            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:       Tourism, Infrastructure &
 2     Energy Subcommittee
 3     Representative Duggan offered the following:
 4
 5          Amendment
 6          Remove everything after the enacting clause and insert:
 7          Section 1.     Section 125.488, Florida Statutes, is created
 8     to read:
 9          125.488     Ordinances, regulations, and policies concerning
10     temporary underground power panels.—
11          (1)    A county may not enact any ordinance, regulation, or
12     policy that prevents or has the effect of preventing an electric
13     utility, as defined in s. 366.02(2), from installing a temporary
14     underground power panel if the temporary underground power panel
15     meets the requirements of Article 590 of the National Electrical
16     Code, 2020 edition, during the construction and installation of
     211063 - h0481-strike.docx
      Published On: 1/11/2022 7:38:55 PM
                                    Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 481   (2022)
       Amendment No. 1


17     the temporary underground power panel. After the county has
18     conducted an inspection of the temporary underground power
19     panel, the county may not require a subsequent inspection of the
20     temporary underground power panel as a condition of issuance of
21     the Certificate of Occupancy.
22          (2)   As used in this section, the term “temporary
23     underground power panel” means a permanent meter base that
24     includes a meter socket, meter, and downpipe, to which power is
25     provided through an underground service line by an electric
26     utility pursuant to its tariffs or service standards, that is
27     permanently attached to a block residential structure, provides
28     temporary power for construction of the residential structure,
29     and is intended for use in providing permanent service to the
30     residential structure upon issuance of the Certificate of
31     Occupancy.
32          Section 2.    Section 166.0484, Florida Statutes, is created
33     to read:
34          166.0484     Ordinances, regulations, and policies concerning
35     temporary underground power panels.—
36          (1)   A municipality may not enact any ordinance,
37     regulation, or policy that prevents or has the effect of
38     preventing an electric utility, as defined in s. 366.02(2), from
39     installing a temporary underground power panel if the temporary
40     underground power panel meets the requirements of Article 590 of
41     the National Electrical Code, 2020 edition, during the
     211063 - h0481-strike.docx
      Published On: 1/11/2022 7:38:55 PM
                                    Page 2 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 481   (2022)
       Amendment No. 1


42     construction and installation of the temporary underground power
43     panel. After the municipality has conducted an inspecti on of the
44     temporary underground power panel, the municipality may not
45     require a subsequent inspection of the temporary underground
46     power panel as a condition of issuance of the Certificate of
47     Occupancy.
48          (2)   As used in this section, the term “temporary
49     underground power panel” means a permanent meter base that
50     includes a meter socket, meter, and downpipe, to which power is
51     provided through an underground service line by an electric
52     utility pursuant to its tariffs or service standards, that is
53     permanently attached to a block residential structure, provides
54     temporary power for construction of the residential structure,
55     and is intended for use in providing permanent service to the
56     residential structure upon issuance of the Certificate of
57     Occupancy.
58          Section 3.   This act shall take effect July 1, 2022.
59




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      Published On: 1/11/2022 7:38:55 PM
                                  Page 3 of 3
HB 661
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 661 Transportation Facility Designations
SPONSOR(S): Valdés
TIED BILLS:       IDEN./SIM. BILLS: SB 650

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Tourism, Infrastructure & Energy Subcommittee                                    Walsh              Keating

  2) Infrastructure & Tourism Appropriations
     Subcommittee

  3) Commerce Committee


                                             SUMMARY ANALYSIS
Under current law, the Legislature may designate a transportation facility, such as a bridge, interchange, or
portion of a road, for honorary or memorial purposes or to distinguish a particular facility. Legislative
designations do not change the official names of the facilities. The Department of Transportation (DOT) erects
markers for each designation, but may not do so until the appropriate city or county commission passes a
resolution in support of the designation.

The bill honors Virginia Creighton by designating “Virginia Creighton Bridge” in Hillsborough County.

The bill will have an insignificant negative fiscal impact to the State Transportation Trust Fund associated with
erecting suitable markers for the designation. The cost can be absorbed within DOT’s existing resources.

The bill provides an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0661.TIE
DATE: 1/10/2022
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Transportation Facility Designations
        Under current law, the Legislature may designate a transportation facility, such as a bridge,
        interchange, or portion of a road, for honorary or memorial purposes or to distinguish a particular
        facility. Legislative designations do not change the official names of the designated facilities, and do not
        require local governments or private entities to change street signs, mailing addresses, or 911
        emergency telephone-number system listings to account for the designations.1

        Current law sets standards for the naming of state buildings and other facilities. The law provides that
        except as specifically provided by law, state buildings, roads, bridges, parks, recreational complexes,
        and other similar facilities may not be named for a living person. 2

        Road Markers
        The Department of Transportation (DOT) must place a marker at each terminus or intersection of a
        designated road, bridge, or other transportation facility and erect other markers it deems appropriate for
        the facility.3 Road markers may not be erected until the appropriate city or county commission passes a
        resolution in support of a particular designation. Additionally, if a designated facility extends through
        multiple cities or counties, a resolution must be passed by each affected local government before the
        road markers can be erected by DOT.4

        Virginia Creighton
        Virginia (Ginger) Creighton worked in the field of wetland science and was key to developing the
        Courtney Campbell Causeway – Old Tampa Bay Water Quality Improvement Project that provided
        environmental credit for other DOT projects in the Tampa Bay Area. 5 Ms. Creighton passed away on
        May 29, 2020.6

        Effect of the Bill

        Under the bill, bridge number 100850 on S.R. 60/Courtney Campbell Causeway over Old Tampa Bay
        in Hillsborough County is designated as “Virginia Creighton Bridge.” The bill requires DOT to erect
        suitable markers.

    B. SECTION DIRECTORY:
        Section 1: Designates “Virginia Creighton Bridge.”

        Section 2: Provides an effective date of July 1, 2022.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:

1 S. 334.071(1),  F.S.
2 S. 267.062(1),  F.S.
3 S. 334.071(2), F.S.
4 S. 334.071(3), F.S.
5 Virginia (Ginger) Creighton Death Notice from the Florida Department of Transportation.
6 Virginia A. “Ginger” Creighton, Legacy.com, https://www.legacy.com/us/obituaries/staugustine/name/ virginia-creighton-

obituary?id=8236801 (last visited Jan. 5, 2022).
STORAGE NAME: h0661.TIE                                                                                            PAGE: 2
DATE: 1/10/2022
           None.

       2. Expenditures:
           DOT estimates a cost of $1,040 for the appropriate markers, which provides for two signs per
           designation at $520 per sign.7 Therefore, the bill has an estimated negative fiscal impact of $1,040
           to the State Transportation Trust Fund. This cost can be absorbed within existing DOT resources.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   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 affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




7 Email from Amanda Marsh, Legislative  Analyst, Florida Department of Transportation, FDOT Memorial Roadway
Designation Sign Estimate, (Sep. 15, 2021).
STORAGE NAME: h0661.TIE                                                                                        PAGE: 3
DATE: 1/10/2022
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 661                                                                                                2022




    1                                          A bill to be entitled
    2               An act relating to transportation facility
    3               designations; providing an honorary designation of a
    4               certain transportation facility in a specified county;
    5               directing the Department of Transportation to erect
    6               suitable markers; providing an effective date.
    7
    8      Be It Enacted by the Legislature of the State of Florida:
    9
10                  Section 1.         Virginia Creighton Bridge designated;
11         Department of Transportation to erect suitable markers.—
12                  (1)         Bridge number 100850 on S.R. 60/Courtney Campbell
13         Causeway over Old Tampa Bay in Hillsborough County is designated
14         as "Virginia Creighton Bridge."
15                  (2)         The Department of Transportation is directed to erect
16         suitable markers designating Virginia Creighton Bridge as
17         described in subsection (1).
18                  Section 2.         This act shall take effect July 1, 2022.




                                                         Page 1 of 1

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                                                                                                                hb0661-00
HB 789
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 789 Lifeline Services
SPONSOR(S): Payne
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Tourism, Infrastructure & Energy Subcommittee                                    Johnson            Keating

  2) Commerce Committee


                                             SUMMARY ANALYSIS
Since 1985, the Lifeline program (Lifeline) has provided telecommunications service discounts for qualifying
low-income consumers. The Federal Communications Commission (FCC) has designated the Universal
Service Administrative Company (USAC), an independent not-for-profit corporation, as the program’s
administrator. Consumers can qualify for Lifeline either through program-based or income-based eligibility
standards.

In Florida, the Public Service Commission (PSC) oversees Lifeline. Under Florida law, an eligible
telecommunications carrier (ETC) must provide Lifeline to qualified residential subscribers. Florida law
provides for automatic enrollment in Lifeline for individuals already enrolled in a qualifying program.

The bill updates Florida’s Lifeline statute to be consistent with federal Lifeline regulations. In summary, the bill:
    Clarifies that an ETC must notify a Lifeline subscriber of impending termination of Lifeline service if it
        has reason to believe that the subscriber no longer qualifies for Lifeline.
    Provides that a Lifeline subscriber upon request, must provide proof of continued eligibility for lifeline to
        the ETC, the FCC, or the FCC’s designee.
    Removes obsolete references to state agencies no longer involved in Lifeline.
    Clarifies that the only government entities involved in Lifeline are the PSC, the Department of Children
        and Families, and the FCC.
    Removes state standards for the provision of Lifeline that are inconsistent with the FCC’s ETC eligibility
        requirements.
    Authorizes certain information exempt from public records laws to be released to the FCC or its
        designee as required to administer Lifeline.

The bill does not have a fiscal impact on state or local governments.

The bill has an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0789.TIE
DATE: 1/10/2022
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Lifeline Program

         Since 1985, the Lifeline program (Lifeline) has provided telecommunications service discounts for
         qualifying low-income consumers. Lifeline’s initial goal was to ensure that all Americans had the
         opportunity and security that basic phone service provides. Over time, that goal has evolved to include
         broadband Internet service. Qualifying households can receive up to a $9.25 discount on their monthly
         phone or broadband Internet bills from wireline service providers that have been designated as eligible
         telecommunications carriers (ETCs). Alternatively, consumers may choose to receive monthly wireless
         minutes and/or measured data service from designated wireless providers. 1

         The Federal Communications Commission (FCC) establishes rules governing Lifeline. The FCC has
         designated the Universal Service Administrative Company (USAC), an independent not-for-profit
         corporation, as Lifeline’s administrator. USAC is responsible for data collection and maintenance,
         support calculation, and disbursement for Lifeline.2

         Consumers may qualify to participate in Lifeline either through program-based or income-based
         eligibility standards. Program-based eligibility is determined by a customer’s enrollment in specific
         qualifying programs. Customers can qualify for Lifeline by being enrolled in any of the following
         programs:
              Supplemental Nutrition Assistance Program (SNAP)
              Medicaid
              Federal Public Housing Assistance
              Supplemental Security Income
              Veterans or Survivors Pension Program
              Bureau of Indian Affairs Programs, including Tribal Temporary Assistance to Needy Families,
                   Head Start Subsidy, and National School Lunch Program.3

         Consumers whose total household income is less than 135 percent of the Federal Poverty Guidelines
         may participate in Lifeline under the income-based standard. The Federal Poverty Guidelines are
         annually updated by the United States Department of Health and Human Services.4

         Florida Lifeline Law

         In Florida, the Public Service Commission (PSC) oversees Lifeline. Under Florida law, an ETC5 must
         provide Lifeline service to qualified residential subscribers, as defined in the ETC's published
         schedules.6

         Each local exchange telecommunications company with more than one million access lines and which
         is designated as an ETC must, and any wireless service provider designated as an ETC7 may, upon

1 Public Service Commission (PSC), 2021 Florida Lifeline Assistance Report, December 2021, p. 3.

http://floridapsc.com/Files/PDF/Publications/Reports/Telecommunication/LifelineReport/2021.pdf (last visited Dec. 16, 2021)
2 Id.
3 Id.
4 Id. at 4.
5 Section 364.10(1)(a), F.S., defines the term “eligible telecommunications carrier” to mean a telecommunications company, as defined

by s. 364.02, F.S., which is designated as an eligible telecommunications carrier by the PSC pursuant to 47 C.F.R. s. 54.201.
6 S. 364.10(1)(a), F.S.
7 Since 2016, no wireline carriers in Florida have had more than a million access lines. Wireless ETCs are given more flexibility in that

they “may” provide Lifeline services at the 150 percent threshold. However, it is unlikely that any wireless ETC is currently qualifying
customers using this expanded criterion because those customers would not qualify for reimbursement from USAC under the 135
percent guideline.
STORAGE NAME: h0789.TIE                                                                                                          PAGE: 2
DATE: 1/10/2022
         filing a notice of election to do so with the PSC, provide Lifeline to any otherwise eligible customer or
         potential customer whose household income is 150 percent or less of the federal poverty guidelines for
         Lifeline. The Office of Public Counsel (OPC)8 certifies and maintains claims submitted by customers for
         Lifeline eligibility under the income test.9 Customers may also be eligible for Lifeline under the eligibility
         standards established by federal law based on participation in certain low-income assistance
         programs.10

         Additionally, each intrastate interexchange telecommunications company11 must file or publish a
         schedule providing at a minimum the intrastate interexchange telecommunications company's current
         Lifeline benefits and exemptions to Lifeline customers who meet the income eligibility test. 12

         Each state agency which provides benefits to persons eligible for Lifeline service, in cooperation with
         the Department of Children and Families (DCF), the Department of Education (DOE), the PSC, the
         OPC, and ETCs must develop procedures to promote Lifeline participation. The departments, the PSC,
         and OPC may exchange sufficient information with the appropriate ETCs, such as a person's name,
         date of birth, service address, and telephone number, so that the ETCs can identify and enroll an
         eligible person in Lifeline. This information is confidential and exempt from public disclosure but may be
         released to the applicable ETC for purposes of determining eligibility and enrollment in the Lifeline
         programs.13

         If any state agency determines that a person is eligible for Lifeline services, the agency must
         immediately forward the information to the PSC to ensure that the person is automatically enrolled in
         the program with the appropriate ETC. The state agency must include an option for an eligible
         customer to choose not to subscribe to the Lifeline service. The PSC and DCF must adopt rules
         creating procedures to automatically enroll eligible customers in Lifeline service.14

         Current law requires the PSC, DCF, OPC, and each ETC offering Lifeline to convene a workgroup to
         discuss how the eligible subscriber information will be shared, the obligations of each party with respect
         to the use of that information, and the procedures to be implemented to increase enrollment and verify
         eligibility.15

         Under Florida law, an ETC must notify a Lifeline subscriber of impending termination of Lifeline service
         if the ETC reasonably believes that the subscriber no longer qualifies for Lifeline service. This
         notification must be sent in a letter that is separate from the subscriber's bill. The ETC must allow a
         subscriber 60 days following the date of the pending termination letter to demonstrate continued
         eligibility, and the subscriber must present proof of continued eligibility. The ETC may transfer a
         subscriber off of Lifeline service if the subscriber fails to demonstrate continued eligibility. 16

         Lifeline Modernization

         In April 2016, the FCC released its Lifeline Modernization Order (2016 Order) to modernize Lifeline by
         including broadband as a supported service, designating minimum service standards for Lifeline, and
         establishing the National Verifier.17

         Prior to the FCC’s 2016 Order, a state that mandated Lifeline support could establish its own
         qualification criteria. Therefore, a state could have income eligibility standards different from the FCC’s

8 The Office of Public Counsel provides representation for the people of the state in proceedings in front of the PSC. (S. 350.0611,

F.S.).
9 S. 364.10(2)(a), F.S.
10 S. 364.10(2)(a), F.S.
11 Section 364.02 (7) defines the term “intrastate interexchange telecommunications company” to mean any entity that provides

intrastate interexchange telecommunications services.
12 S. 364.10(2)(a), F.S.
13 S. 364.10(2)(g)1., F.S.
14 S. 364.10(2)(g)2., F.S.
15 S. 364.10(2)(g)3., F.S.
16 S. 364.10(1)(e), F.S.
17 PSC supra note 1 at 15.

STORAGE NAME: h0789.TIE                                                                                                          PAGE: 3
DATE: 1/10/2022
          or include additional state qualifying programs. The FCC’s 2016 Order eliminated this provision to
          simplify the administration of the Lifeline program and establish eligibility criteria that do not vary from
          state to state.18

          Further, the 2016 directed the USAC to develop a national Lifeline eligibility verifier as a way to fight
          waste, fraud, and abuse. The National Verifier’s purpose is to determine initial subscriber eligibility,
          conduct annual recertification, populate a national database consisting of Lifeline customers, and
          provide support payments to providers serving these customers. 19

          The National Verifier’s efficiency is contingent upon the establishment of automated verification
          interface processes connected to qualifying program databases. To assist in Florida’s transition to the
          National Verifier, in 2019, the PSC coordinated an informal meeting between DCF and USAC. The
          meeting established the groundwork for an automated verification process that would allow USAC to
          interface with DCF’s qualifying program database. The DCF database would provide USAC with
          confirmation that a customer is a participant in a qualifying program without revealing the program itself
          or any other customer information. Once a customer is verified as a qualifying program participant
          through this process, they are enrolled in the Lifeline program with no need for any further
          documentation. As of January 2021, USAC’s connection to the DCF database has been established.20

          Effect of the Bill

          The bill conforms Florida’s Lifeline laws to be consistent with federal Lifeline regulations.

          The bill clarifies that an ETC must notify a Lifeline subscriber of impending termination of Lifeline
          service if it has reason to believe that the subscriber no longer qualifies for Lifeline service. The bill
          requires the subscriber to provide proof of continued eligibility for Lifeline service upon request to the
          ETC, the FCC, or the FCC’s designee.

          The bill also removes references to OPC and DOE because neither entity remains involved in Lifeline.
          The bill clarifies that the only entities involved in Lifeline are the PSC, DCF, and the FCC. The bill also
          eliminates state eligibility standards that conflict with the FCC’s eligibility standards.

          The bill also removes an obsolete Lifeline working group consisting of the PSC, DCF, OPC, and ETCs
          to discuss procedures regarding the implementation the Lifeline program.

          The bill amends the Lifeline public records exemption, authorizing certain information to be released to
          the FCC or its designee as required to administer the program.

          The bill has an effective date of July 1, 2022.

     B. SECTION DIRECTORY:
          Section 1       Amends s. 364.10, F.S., relating to Lifeline Service.

          Section 2       Amends s. 364.107, F.S., relating to a public records exemption for Lifeline Assistance
                          Plan participants.

          Section 3       Provides an effective date.


                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STAT EMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:


18 Id.
19 Id. at 17.
20 Id.

STORAGE NAME: h0789.TIE                                                                                          PAGE: 4
DATE: 1/10/2022
       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   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 impact county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill repeals a requirement that the PSC and DCF adopt rules creating procedures to automatically
       enroll eligible customers in Lifeline service.

       The PSC may need to revise its existing Lifeline rules to conform to provisions of the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.




STORAGE NAME: h0789.TIE                                                                               PAGE: 5
DATE: 1/10/2022
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 789                                                                                                2022




    1                                         A bill to be entitled
    2               An act relating to Lifeline services; amending s.
    3               364.10, F.S.; removing a provision requiring eligible
    4               telecommunications carriers to provide a specified
    5               number of days to allow a subscriber to demonstrate
    6               continued eligibility after a termination letter is
    7               sent; requiring subscribers to present proof of
    8               continued eligibility upon request of specified
    9               entities; removing provisions that specify
10                  circumstances under which a telecommunications carrier
11                  must credit a consumer's bill with the Lifeline
12                  Assistance credit; removing provisions specifying
13                  conditions under which certain telecommunications
14                  carriers and commercial mobile radio service providers
15                  may or must provide Lifeline services to specified
16                  customers; removing the Department of Education and
17                  the Office of Public Counsel from being entities with
18                  whom state agencies must cooperate in developing
19                  procedures to promote Lifeline participation;
20                  providing that certain information is exempt as well
21                  as confidential; revising procedures that state
22                  agencies must use in determining a person's
23                  eligibility for a Lifeline qualifying program;
24                  amending s. 364.107, F.S.; authorizing certain
25                  confidential and exempt information to be released to

                                                         Page 1 of 7

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                                                                                                                hb0789-00
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 789                                                                                                2022




26               the Federal Communications Commission or designee;
27               providing an effective date.
28
29      Be It Enacted by the Legislature of the State of Florida:
30
31               Section 1.        Paragraphs (e) and (f) of subsection (1) and
32      subsection (2) of section 364.10, Florida Statutes, are amended
33      to read:
34               364.10      Lifeline service.—
35               (1)
36               (e)1.       An eligible telecommunications carrier must notify a
37      Lifeline subscriber of impending termination of Lifeline service
38      if the company has a reasonable basis for believing that the
39      subscriber no longer qualifies for the service. Notification of
40      pending termination must be in the form of a letter that is
41      separate from the subscriber's bill.
42               2.      An eligible telecommunications carrier shall allow a
43      subscriber 60 days following the date of the pending termination
44      letter to demonstrate continued eligibility. The subscriber must
45      present proof of continued eligibility upon request of the
46      eligible telecommunications carrier or the Federal
47      Communications Commission or its designee. An eligible
48      telecommunications carrier may transfer a subscriber off of
49      Lifeline service, pursuant to its tariff, if the subscriber
50      fails to demonstrate continued eligibility.

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        HB 789                                                                                                2022




51               3.      The commission shall establish procedures for such
52      notification and termination.
53               (f)         An eligible telecommunications carrier shall timely
54      credit a consumer's bill with the Lifeline Assistance credit as
55      soon as practicable, but no later than 60 days following receipt
56      of notice of eligibility from the Office of Public Counsel or
57      proof of eligibility from the consumer.
58               (2)(a)        Each local exchange telecommunications company that
59      has more than 1 million access lines and that is designated as
60      an eligible telecommunications carrier shall, and any commercial
61      mobile radio service provider designated as an eligible
62      telecommunications carrier pursuant to 47 U.S.C. s. 214(e) may,
63      upon filing a notice of election to do so with the commission,
64      provide Lifeline service to any otherwise eligible customer or
65      potential customer who meets an income eligibility test at 150
66      percent or less of the federal poverty income guidelines for
67      Lifeline customers. Such a test for eligibility must augment,
68      rather than replace, the eligibility standards established by
69      federal law and based on participation in certain low -income
70      assistance programs. Each intrastate interexchange
71      telecommunications company shall file or publish a schedule
72      providing at a minimum the intrastate interexchange
73      telecommunications company's current Lifeline benefits and
74      exemptions to Lifeline customers who meet the income eligibility
75      test set forth in this subsection. The Office of Public Co unsel

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         HB 789                                                                                                2022




 76      shall certify and maintain claims submitted by a customer for
 77      eligibility under the income test authorized by this subsection.
 78               (a)(b)      Each eligible telecommunications carrier subject to
 79      this subsection shall provide to each state and federal agency
 80      providing benefits to persons eligible for Lifeline service
 81      applications, brochures, pamphlets, or other materials that
 82      inform the persons of their eligibility for Lifeline, and each
 83      state agency providing the benefits shall furnish the materials
 84      to affected persons at the time they apply for benefits.
 85               (b)(c)      An eligible telecommunications carrier may not
 86      discontinue basic local telecommunications service to a
 87      subscriber who receives Lifeline service because of nonpayment
 88      by the subscriber of charges for nonbasic services billed by the
 89      telecommunications company, including long-distance service. A
 90      subscriber who receives Lifeline service shall pay all
 91      applicable basic local telecommunications service fees,
 92      including the subscriber line charge, E-911, telephone relay
 93      system charges, and applicable state and federal taxes.
 94               (c)(d)      An eligible telecommunications carrier may not
 95      refuse to connect, reconnect, or provide Lifeline service
 96      because of unpaid toll charges or nonbasic charges other than
 97      basic local telecommunications service.
 98               (d)(e)      An eligible telecommunications carrier may require
 99      that payment arrangements be made for outstanding debt
100      associated with basic local telecommunications service,

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         HB 789                                                                                                2022




101      subscriber line charges, E-911, telephone relay system charges,
102      and applicable state and federal taxes.
103               (e)(f)      An eligible telecommunications carrier may block a
104      Lifeline service subscriber's access to all long-distance
105      service, except for toll-free numbers, and may block the ability
106      to accept collect calls if when the subscriber owes an
107      outstanding amount for long-distance service or amounts
108      resulting from collect calls. However, the eligible
109      telecommunications carrier may not impose a charge for blocking
110      long-distance service. The eligible telecommunications carrier
111      shall remove the block at the request of the subscriber without
112      additional cost to the subscriber upon payment of the
113      outstanding amount. An eligible telecommunications carrier may
114      charge a service deposit before removing the block.
115               (f)(g)1.         Each state agency that provides benefits to
116      persons eligible for Lifeline service shall undertake, in
117      cooperation with the Department of Children and Families, the
118      Department of Education, the commission, the Office of Public
119      Counsel, and telecommunications companies designated eligible
120      telecommunications carriers providing Lifeline services, the
121      development of procedures to promote Lifeline participation. The
122      department and departments, the commission, and the Office of
123      Public Counsel may exchange sufficient information with the
124      appropriate eligible telecommunications carriers or the Federal
125      Communications Commission or its designee and any commercial

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         HB 789                                                                                                2022




126      mobile radio service provider electing to provide Lifeline
127      service under paragraph (a), such as a person's name, date of
128      birth, service address, and telephone number, so that eligible
129      customers can be enrolled the carriers can identify and enroll
130      an eligible person in the Lifeline and Link-Up programs. The
131      information remains confidential and exempt pursuant to s.
132      364.107 and may only be used for purposes of determining
133      eligibility and enrollment in the Lifeline and Link -Up programs.
134               2.      If any state agency determines that a person is
135      eligible for a Lifeline qualifying program Lifeline services,
136      the agency must coordinate with the Federal Communications
137      Commission or its designee to verify eligibility for the
138      Lifeline program shall immediately forward the information to
139      the commission to ensure that the person is automatically
140      enrolled in the program with the appropriate eligible
141      telecommunications carrier. The state agency shall include an
142      option for an eligible customer to choose not to subscribe to
143      the Lifeline service. The Public Service Commission and the
144      Department of Children and Families shall adopt rules creating
145      procedures to automatically enroll eligible customers in
146      Lifeline service.
147               3.      The commission, the Department of Children and
148      Families, the Office of Public Counsel, and each eligible
149      telecommunications carrier offering Lifeline and Link -Up
150      services shall convene a Lifeline Workgroup to discuss how the

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         HB 789                                                                                                2022




151      eligible subscriber information in subparagraph 1. will be
152      shared, the obligations of each party with respect to the use of
153      that information, and the procedures to be implemented to
154      increase enrollment and verify eligibility in these programs.
155               (g)(h)        The commission shall report to the Governor, the
156      President of the Senate, and the Speaker of the House of
157      Representatives by December 31 each year on the number of
158      customers who are subscribing to Lifeline service and the
159      effectiveness of any procedures to promote participation.
160               (h)(i)        The commission may undertake appropriate measures
161      to inform low-income consumers of the availability of the
162      Lifeline and Link-Up programs.
163               (i)(j)        The commission shall adopt rules to administer this
164      section.
165               Section 2.         Subsection (2) of section 364.107, Florida
166      Statutes, is amended to read:
167               364.107        Public records exemption; Lifeline Assistance Plan
168      participants.—
169               (2)         Information made confidential and exempt under
170      subsection (1) may be released to the applicable
171      telecommunications carrier or the Federal Communications
172      Commission or its designee for purposes directly connected with
173      eligibility for, verification related to, or auditing of a
174      Lifeline Assistance Plan.
175               Section 3.         This act shall take effect July 1, 2022.

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HB 891
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 891 Specialty License Plate Presales
SPONSOR(S): Yarborough
TIED BILLS:       IDEN./SIM. BILLS: SB 364

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Tourism, Infrastructure & Energy Subcommittee                                    Johnson            Keating

  2) Commerce Committee


                                              SUMMARY ANALYSIS
Currently, 123 specialty license plates are 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. Prior to manufacturer of a new specialty license plate, DHSMV must receive at least 3,000
presale vouchers within 24 months. The presale requirement increases to 4,000 for an out-of-state college or
university specialty license plate. There are currently 36 specialty license plates in presale, including three out-
of-state college or university plates.

The bill decreases the required number of presale vouchers for an out-of-state college or university specialty
license plate from 4,000 to 3,000.

The bill also extends the 24-month presale period for each specialty license plate by an additional 24 months if,
as of the effective date of the bill, the plate is in its presale period but has not recorded at least 3,000 voucher
sales.

The bill does not appear to have a fiscal impact on state or local governments.

The bill is effective upon becoming a law.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0891.TIE
DATE: 1/10/2022
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         The first Florida specialty license plates were created by law in 1986 and included the creation of the
         Challenger plate and ten Florida collegiate plates. Today, there are 159 legislatively authorized
         specialty license plates, with 123 available for sale and an additional 36 in presale. 1 Specialty license
         plates are 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.2 Current law provides that if the Legislature3 has approved
         150 or more specialty license plates, the Department of Highway Safety and Motor Vehicles (DHMSV)
         may not issue any new specialty license plates until a sufficient number of plates are discontinued 4 so
         that the number of plates being issued does not exceed 150. 5

         Establishment of Specialty License Plates

         Within 120 days after an act approving a specialty license plate becomes law, DHSMV must establish a
         method to issue a voucher allowing for the presale of the plate. A $5 processing fee, 6 a service charge
         and branch fee,7 and an 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. 8

         Within 24 months after establishing a presale specialty license plate voucher, a minimum of 3,000
         voucher sales of the plate must be recorded with DHSMV before the license plate may be
         manufactured. However, the minimum sales threshold for out-of-state college or university license
         plates is 4,000 voucher sales. If the minimum sales requirement is not met at the conclusion of the 24-
         month presale period, the specialty license plate is deauthorized, and DHSMV discontinues the plate’s
         development and the issuance of presale vouchers. Upon deauthorization of the license plate or if the
         plate has met the presale requirement but has not been issued, a purchaser of the license plate
         voucher may use the annual use fee paid as a credit towards any other specialty license plate or may
         apply for a refund.9

         As of September 26, 2021, three out-of-state college or university specialty license plates are available
         for presale. The presale period for these plates began on October 16, 2020, and ends on October 15,
         2022.10

         License Plate Name                          Presale Transactions                         Number Need to Meet 4,000
                                                                                                  Plate Presale Requirement
         University of Alabama                       1,169                                        2,831
         Auburn University                           1,066                                        2,934
         University of Georgia                       377                                          3,623

         Effect of the Bill




1 Department of Highway Safety and Motor Vehicles (DHSMV), Agency Analysis of 2022 Senate Bill 364, p.2. (Oct. 15, 2021)
2 Section 320.08056(3)(d), F.S., provides that, except if specifically provided in s. 320.08056(4), F.S., the annual use fee for a specialty

license plate is $25.
3 Creation of a specialty license plate requires an act of the Legislature.
4 Specialty license plates may be discontinued pursuant to s. 320.08056(8), F.S.
5 S. 320.08053(3)(b), F.S.
6 The processing fee is prescribed in s. 320.08056, F.S.
7 Service charges and branch fees are prescribed in s. 320.04, F.S.
8 S. 320.08053(2)(a), F.S.
9 S. 320.08053(2)(b), F.S.
10 DHSMV supra note 1 at 3.

STORAGE NAME: h0891.TIE                                                                                                             PAGE: 2
DATE: 1/10/2022
         The bill decreases the number of presale vouchers required prior to manufacture of an out-of-state
         college or university specialty license plate from 4,000 to 3,000. This will reduce the presale
         requirement for the three specialty license plates listed above.

         The bill also directs DHSMV to extend the 24-month presale period for each specialty license plate by
         an additional 24 months if, as of the effective date of the bill, the plate is in its presale period but has
         not recorded at least 3,000 voucher sales. This will extend the presale period for 36 specialty license
         plates.11

         The bill directs the Division of Law Revision to replace the phrase “the effective date of this act” with the
         date the act becomes a law.

         The bill is effective upon becoming a law.

    B. SECTION DIRECTORY:
         Section 1         Amends s. 320.08053, F.S., relating to the establishment of specialty license plates.

         Section 2         Provides a directive to the Division of Law Revision.

         Section 3         Provides an effective date.


                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
             None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         The extension of time for the presale of certain specialty license plates may allow more specialty
         license plates to meet the presale threshold, thus improving the opportunity for the recipient
         organization to receive revenues associated with plate sales.

    D. FISCAL COMMENTS:
         None.


11 The specialty license plates in presale include: Ducks Unlimited, Auburn University, Beat Childhood Cancer, Florida 4-H, Florida

State Beekeepers Association, Rotary, Highwaymen, Dan Marino Campus, Orlando City Soccer Club, Daughters of the American
Revolution, Gadsden Flag, America the Beautiful, Explore Off Road Florida, American Eagle, Guardian Ad Litem, Jumbo Shrimp,
Thank a Lineman, Best Buddies, University of Georgia, Florida Bay Forever, Bonefish and Tarpon Trust, Florida Stands with Israel,
Give Kids the World, Marne Corps League, K9s United, Florida Native, University of Alabama, Divine Nine, Honor Flight, Biscayne
Bay, Protect Marine Wildlife, 30A.Com/Scenic Walton, and Support Healthcare Heroes.
STORAGE NAME: h0891.TIE                                                                                                         PAGE: 3
DATE: 1/10/2022
                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       This bill does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       As drafted, the bill applies to specialty license plates created in 2020 and 2021. The additional 24-
       month presale period does not appear to apply to any specialty license plates that may be created in
       2022.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.




STORAGE NAME: h0891.TIE                                                                                 PAGE: 4
DATE: 1/10/2022
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           HB 891                                                                                                2022




    1                                          A bill to be entitled
    2               An act relating to specialty license plate presales;
    3               amending s. 320.08053, F.S.; revising the presale
    4               voucher sales requirement for out-of-state college or
    5               university license plates; requiring the Department of
    6               Highway Safety and Motor Vehicles to extend the
    7               presale period by a specified period for certain
    8               approved specialty license plate organizations;
    9               providing a directive to the Division of Law Revision;
10                  providing an effective date.
11
12         Be It Enacted by the Legislature of the State of Florida:
13
14                  Section 1.          Paragraph (b) of subsection (2) of section
15         320.08053, Florida Statutes, is amended to read:
16                  320.08053          Establishment of specialty license plates. —
17                  (2)
18                  (b)         Within 24 months after the presale specialty license
19         plate voucher is established, the approved specialty license
20         plate organization must record with the department a minimum of
21         3,000 voucher sales, or in the case of an out-of-state college
22         or university license plate, 4,000 voucher sales, before
23         manufacture of the license plate may commence. The department
24         shall extend this presale period by an additional 24 months for
25         an approved specialty license plate organization that, as of the

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        HB 891                                                                                                2022




26      effective date of this act, is in the presale period but has not
27      recorded at least 3,000 voucher sales. If, at the conclusion of
28      the 24-month presale period, the minimum sales requirement has
29      not been met, the specialty plate is deauthorized and the
30      department shall discontinue development of the plate and
31      discontinue issuance of the presale vouchers. Upon
32      deauthorization of the license plate or if the plate has met the
33      presale requirement but has not been issued, a purchaser of the
34      license plate voucher may use the annual use fee collected as a
35      credit towards any other specialty license plate or apply for a
36      refund on a form prescribed by the department.
37               Section 2.        The Division of Law Revision is directed to
38      replace the phrase "the effective date of this act" wherever it
39      occurs in this act with the date this act becomes a law.
40               Section 3.        This act shall take effect upon becoming a law.




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