September 26, 2020
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Senate Bill 1588

Senate Bill sb1588e1

CODING: Words stricken are deletions; words underlined are additions.

    CS for SB 1588                                 First Engrossed

  1                      A bill to be entitled

  2         An act relating to specialty license plates;

  3         amending s. 320.08053, F.S.; revising

  4         requirements for establishing a specialty

  5         license plate; requiring submission of a sample

  6         plate; increasing the number of motor vehicle

  7         owners who must indicate, according to a

  8         scientific sample survey, that they intend to

  9         purchase a proposed specialty plate; defining

10         the term "scientific sample survey"; requiring

11         the Department of Highway Safety and Motor

12         Vehicles to adopt rules relating to design

13         specification for speciality license plates;

14         amending s. 320.08056, F.S.; revising design

15         requirements; revising conditions and

16         procedures for the discontinuation of specialty

17         license plates; requiring the department, in

18         cooperation with local tax collectors and the

19         Prison Rehabilitative Industries and

20         Diversified Enterprises, Inc., to study the

21         possibility of using direct-to-customer

22         distribution; requiring an analysis of the

23         impact of certain technologies; requiring the

24         department to report its findings to the

25         Legislature; providing an effective date.


27  Be It Enacted by the Legislature of the State of Florida:


29         Section 1.  Section 320.08053, Florida Statutes, is

30  amended to read:



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    CS for SB 1588                                 First Engrossed

 1         320.08053  Requirements for requests to establish

 2  specialty license plates.--

 3         (1)  An organization that seeks authorization to

 4  establish a new specialty license plate for which an annual

 5  use fee is to be charged must submit to the department:

 6         (a)  A request for the particular specialty license

 7  plate being sought, describing the proposed specialty license

 8  plate in specific general terms, including a sample plate that

 9  conforms to the specifications set by the department and this

10  chapter, and that is in substantially final form.

11         (b)  The results of a scientific sample survey of

12  Florida motor vehicle owners that indicates at least 30,000

13  15,000 motor vehicle owners intend to purchase the proposed

14  specialty license plate at the increased cost. As used in this

15  paragraph, the term "scientific sample survey" means

16  information that is gathered from a representative subset of

17  the population as a whole. The sample survey of registered

18  motor vehicle owners must be performed independently of the

19  requesting organization by an organization that conducts

20  similar sample surveys as a normal course of business. Prior

21  to conducting a sample survey for the purposes of this

22  section, a requesting organization must obtain a determination

23  from the department that the organization selected to conduct

24  the survey performs similar surveys as a normal course of

25  business and is independent of the requesting organization.

26  The methodology, results, and any evaluation by the department

27  of the scientific sample survey shall be validated by the

28  Auditor General as a condition precedent to submission of the

29  specialty license plate for approval by the Legislature.

30         (c)  An application fee, not to exceed $60,000, to

31  defray the department's cost for reviewing the application and


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    CS for SB 1588                                 First Engrossed

 1  developing the specialty license plate, if authorized. State

 2  funds may not be used to pay the application fee, except for

 3  collegiate specialty license plates authorized in s.

 4  320.08058(3) and (13). The specialty license plate application

 5  provisions of this act shall not apply to any organization

 6  which has requested and received the required forms for

 7  obtaining a specialty license plate authorization from the

 8  Department of Highway Safety and Motor Vehicles, has opened a

 9  bank account for the funds collected for the specialty license

10  tag and has made deposits to such an account, and has obtained

11  signatures toward completing the requirements for the

12  specialty license tag. All applications requested on or after

13  the effective date of this act must meet the requirements of

14  this act.

15         (d)  A marketing strategy outlining short-term and

16  long-term marketing plans for the requested specialty license

17  plate and a financial analysis outlining the anticipated

18  revenues and the planned expenditures of the revenues to be

19  derived from the sale of the requested specialty license

20  plates.


22  The information required under this subsection must be

23  submitted to the department at least 90 days before the

24  convening of the next regular session of the Legislature.

25         (2)  If the specialty license plate requested by the

26  organization is approved by law, the organization must submit

27  the proposed art design for the specialty license plate to the

28  department, in a medium prescribed by the department, as soon

29  as practicable, but no later than 60 days after the act

30  approving the specialty license plate becomes a law.  If the

31  specialty license plate requested by the organization is not


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    CS for SB 1588                                 First Engrossed

 1  approved by the Legislature, the application fee shall be

 2  refunded to the requesting organization.

 3         (3)  The department shall adopt rules providing

 4  viewpoint-neutral specifications for the design of speciality

 5  license plates that promote or enhance the readability of all

 6  speciality license plates and that discourage counterfeiting.

 7  The rules shall provide uniform specifications requiring

 8  inclusion of the word "Florida" in the same location on each

 9  specialty license plate, in such a size and location that is

10  clearly identifiable on the specialty license plate when

11  mounted on a vehicle, and shall provide specifications for the

12  size and location of any words or logos appearing on a

13  specialty license plate.

14         Section 2.  Subsections (6), (7) and (8) of section

15  320.08056, Florida Statutes, are amended to read:

16         320.08056  Specialty license plates.--

17         (6)  Specialty license plates must bear the design

18  required by law for the appropriate specialty license plate,

19  and the designs and colors must conform to the department's

20  design specifications be approved by the department.  In

21  addition to a design, the specialty license plates may bear

22  the imprint of numerals from 1 to 999, inclusive, capital

23  letters "A" through "Z," or a combination thereof.  The

24  department shall determine the maximum number of characters,

25  including both numerals and letters.  All specialty license

26  plates must be otherwise of the same material and size as

27  standard license plates issued for any registration period.

28  In small letters, the word "Florida" must appear at either the

29  bottom or top of the plate, depending upon the design.  In

30  addition, A specialty license plate may bear an appropriate



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    CS for SB 1588                                 First Engrossed

 1  slogan, emblem, or logo in a size and placement that conforms

 2  to the department's design specifications.

 3         (7)  The department shall annually retain from the

 4  first proceeds derived from the annual use fees collected an

 5  amount sufficient to defray each specialty plate's pro rata

 6  share of the department's costs directly related to the

 7  specialty license plate program issuing the specialty plate.

 8  Such costs shall include inventory costs, distribution costs,

 9  direct costs to the department, costs associated with

10  reviewing each organization's compliance with audit and

11  attestation requirements of s. 320.08062, and any applicable

12  increased costs of manufacturing the specialty license plate.

13  Any cost increase to the department related to actual cost of

14  the plate, including a reasonable vendor profit, shall be

15  verified by the Department of Management Services.  The

16  balance of the proceeds from the annual use fees collected for

17  that specialty license plate shall be distributed as provided

18  by law.

19         (8)(a)  The department must discontinue the issuance of

20  an approved specialty license plate if the number of valid

21  specialty plate registrations falls below 1,000 plates for at

22  least 12 consecutive months. A warning letter shall be mailed

23  to the sponsoring organization following the first month in

24  which the total number of valid specialty plate registrations

25  is below 1,000 plates.:

26         1.  Less than 8,000 plates, including annual renewals,

27  are issued for that specialty license plate by the end of the

28  5th year of sales.

29         2.  Less than 8,000 plates, including annual renewals,

30  are issued for that specialty license plate during any

31  subsequent 5-year period.


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    CS for SB 1588                                 First Engrossed

 1         (b)  The department is authorized to discontinue the

 2  issuance of a specialty license plate and distribution of

 3  associated annual use fee proceeds if the organization no

 4  longer exists, if the organization has stopped providing

 5  services that are authorized to be funded from the annual use

 6  fee proceeds, or pursuant to an organizational recipient's

 7  request. Organizations are required to notify the department

 8  immediately to stop all warrants for plate sales if any of the

 9  conditions in this section exist, and must meet the

10  requirements of s. 320.08062 for any period of operation

11  during a fiscal year.

12         (c)  The requirements of paragraph (a) shall not apply

13  to collegiate specialty license plates authorized in s.

14  320.08058(3), (13), (21), and (26).

15         Section 3.  The Department of Highway Safety and Motor

16  Vehicles shall, in cooperation with representatives of the

17  local tax collectors and with Prison Rehabilitative Industries

18  and Diversified Enterprises, Inc., at Union Correctional

19  Facility, study the operational and economic feasibility of

20  direct-to-customer delivery of specialty license plates. The

21  study shall include, but not be limited to, an analysis of the

22  potential operational and economic impact of various

23  manufacturing, inventory control, and product distribution

24  technologies on the speciality license plate program. The

25  department shall report its findings to the President of the

26  Senate and the Speaker of the House of Representatives no

27  later than December 31, 2004.

28         Section 4.  This act shall take effect July 1, 2004.





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