Senate Bill 2214

Senate Bill sb2214

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2214

    By Senator Lynn





    7-1598-04                                          See HB 1049

  1                      A bill to be entitled

  2         An act relating to license plates; amending s.

  3         320.08053, F.S.; revising requirements for

  4         establishing a specialty license plate;

  5         requiring submission of a sample plate;

  6         requiring a certain number of plates to be sold

  7         prior to seeking legislative approval;

  8         providing for collection of the use fee for the

  9         proposed plate in the local tax collector's

10         office; providing for retention of presale

11         amounts by the Department of Highway Safety and

12         Motor Vehicles to offset costs; providing for

13         refund of annual use fees in the event a

14         proposed specialty license plate is not

15         approved by law; requiring the department to

16         adopt rules relating to design specifications

17         for specialty license plates; amending s.

18         320.08056, F.S.; revising provisions for the

19         issuance of specialty license plates; revising

20         design requirements; revising the retention and

21         distribution requirements for annual use fees;

22         revising conditions and procedures for

23         discontinuation of specialty license plates;

24         amending s. 320.08062, F.S.; revising

25         provisions for audits and attestations required

26         of entities receiving specialty license plate

27         annual use fees; requiring all state agencies

28         and organizations receiving use fee proceeds to

29         make annual attestations; providing for form

30         and content of attestations; amending s.

31         320.20, F.S.; providing for a portion of

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    Florida Senate - 2004                                  SB 2214
    7-1598-04                                          See HB 1049




 1         license tax revenue to be deposited into the

 2         Highway Safety Operating Trust Fund for certain

 3         purposes; requiring the department, in

 4         cooperation with local tax collectors and the

 5         Prison Rehabilitative Industries and

 6         Diversified Enterprises, Inc., to study the

 7         possibility of using direct-to-customer

 8         distribution; requiring an analysis of the

 9         impact of certain technologies; requiring the

10         department to report its findings to the

11         Legislature; providing an effective date.

12  

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

14  

15         Section 1.  Section 320.08053, Florida Statutes, is

16  amended to read:

17         320.08053  Requirements for requests to establish

18  specialty license plates.--

19         (1)  An organization that seeks authorization to

20  establish a new specialty license plate for which an annual

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

22         (a)  Submit a written request to the department for the

23  particular specialty license plate being sought, describing

24  the proposed specialty license plate in specific general

25  terms, including a sample plate as it will appear in final

26  form and conforming to the specifications set by the

27  department and this chapter.

28         (b)  Presell 15,000 specialty license plates within 1

29  year after submission of the request as a condition for

30  seeking legislative authorization of the specialty license

31  plate. The annual use fee for the proposed specialty license

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    Florida Senate - 2004                                  SB 2214
    7-1598-04                                          See HB 1049




 1  plate shall be collected in any of the local tax collectors'

 2  offices. Either the specialty license plate requesting

 3  organization or the prospective license plate purchaser may

 4  prepay the annual use fee. The results of a scientific sample

 5  survey of Florida motor vehicle owners that indicates at least

 6  15,000 motor vehicle owners intend to purchase the proposed

 7  specialty license plate at the increased cost. The sample

 8  survey of registered motor vehicle owners must be performed

 9  independently of the requesting organization by an

10  organization that conducts similar sample surveys as a normal

11  course of business. Prior to conducting a sample survey for

12  the purposes of this section, a requesting organization must

13  obtain a determination from the department that the

14  organization selected to conduct the survey performs similar

15  surveys as a normal course of business and is independent of

16  the requesting organization.

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

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

19  developing the specialty license plate, if authorized. State

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

21  collegiate specialty license plates authorized in s.

22  320.08058(3) and (13). The specialty license plate application

23  provisions of this act shall not apply to any organization

24  which has requested and received the required forms for

25  obtaining a specialty license plate authorization from the

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

27  bank account for the funds collected for the specialty license

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

29  signatures toward completing the requirements for the

30  specialty license tag. All applications requested on or after

31  

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    Florida Senate - 2004                                  SB 2214
    7-1598-04                                          See HB 1049




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

 2  this act.

 3         (c)(d)  Submit a marketing strategy to the department

 4  outlining short-term and long-term marketing plans for the

 5  requested specialty license plate and a financial analysis

 6  outlining the anticipated revenues and the planned

 7  expenditures of the revenues to be derived from the sale of

 8  the requested specialty license plates.

 9  

10  If, at least 90 days before the convening of the next regular

11  session of the Legislature, 15,000 specialty license plates

12  are presold and all other prequalification requirements are

13  met, the department shall notify the organization that it is

14  eligible to seek legislative authorization of the specialty

15  license plate. The information required under this subsection

16  must be submitted to the department at least 90 days before

17  the convening of the next regular session of the Legislature.

18         (2)  After 15,000 specialty license plates have been

19  presold, the department may retain up to $60,000 of the

20  presale amounts collected to defray the department's cost for

21  reviewing the request and developing the specialty license

22  plate.

23         (3)(2)  If the specialty license plate requested by the

24  organization is approved by law, the organization must submit

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

26  department, in a form prescribed by the department, as soon as

27  practicable, but no later than 60 days after the act approving

28  the specialty license plate becomes a law. If the specialty

29  license plate requested by the organization is not approved by

30  the Legislature, the presale amounts application fee shall be

31  credited toward the future registration of the registered

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    Florida Senate - 2004                                  SB 2214
    7-1598-04                                          See HB 1049




 1  motor vehicle owner who prepaid the annual use fee for the

 2  requested specialty license plate. If the registered motor

 3  vehicle owner does not conduct a future registration

 4  transaction within 1 year following the expiration of that

 5  owner's prior registration, the annual use fee shall be

 6  refunded by the department to the requesting organization or

 7  the prospective purchaser who submitted the presale payment.

 8         (4)  The department shall adopt rules providing

 9  viewpoint-neutral specifications for the design of specialty

10  license plates that promote or enhance the readability of all

11  specialty license plates and that discourage counterfeiting.

12  The rules shall provide uniform specifications requiring

13  inclusion of the word "Florida" in the same place on each

14  specialty license plate, in such a size and location that it

15  is clearly identifiable on each specialty license plate when

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

17  size and location of any words or logos appearing on specialty

18  license plates.

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

20  320.08056, Florida Statutes, are amended to read:

21         320.08056  Specialty license plates.--

22         (6)  Specialty license plates must bear the design

23  required by law for the appropriate specialty license plate,

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

25  design specifications be approved by the department. In

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

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

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

29  department shall determine the maximum number of characters,

30  including both numerals and letters. All specialty license

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

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    Florida Senate - 2004                                  SB 2214
    7-1598-04                                          See HB 1049




 1  standard license plates issued for any registration period. In

 2  small letters, the word "Florida" must appear at either the

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

 4  addition, A specialty license plate may bear an appropriate

 5  slogan, emblem, or logo in a size and placement that conform

 6  to the department's design specifications.

 7         (7)  The department shall annually retain from the

 8  first proceeds derived from the annual use fees collected an

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

10  share of the department's costs directly related to issuing

11  the specialty plate. Such costs shall include distribution

12  costs, direct costs to the department, costs associated with

13  reviewing each organization's compliance with audit and

14  attestation requirements of s. 320.08062, and any applicable

15  increased costs of manufacturing the specialty license plate.

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

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

18  verified by the Department of Management Services. The balance

19  of the proceeds from the annual use fees collected for that

20  specialty license plate shall be distributed as provided by

21  law. 

22         (8)(a)  The department shall issue a discontinuation

23  warning for a must discontinue the issuance of an approved

24  specialty license plate if, after 2 years of sales, the number

25  of valid plates for that particular specialty license plate is

26  less than 8,000. If the number of valid plates is less than

27  8,000 12 months after the date on the discontinuation warning,

28  the department shall discontinue the issuance of that

29  specialty license plate.:

30  

31  

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    Florida Senate - 2004                                  SB 2214
    7-1598-04                                          See HB 1049




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

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

 3  5th year of sales.

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

 5  are issued for that specialty license plate during any

 6  subsequent 5-year period.

 7         (b)  The department is authorized to discontinue the

 8  issuance of a specialty license plate and distribution of

 9  associated annual use fee proceeds if the organization no

10  longer exists, if the organization has stopped providing

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

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

13  request. Organizations are required to notify the department

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

15  conditions in this section exist, and must meet the

16  requirements of s. 320.08062 for any period of operation

17  during a fiscal year.

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

19  to collegiate specialty license plates authorized in s.

20  320.08058(3), (13), (21), and (26).

21         Section 3.  Subsection (1) of section 320.08062,

22  Florida Statutes, is amended to read:

23         320.08062  Audits and attestations required; annual use

24  fees of specialty license plates.--

25         (1)(a)  All organizations and state agencies that

26  receive annual use fee proceeds from the department are

27  responsible for ensuring that proceeds are used in accordance

28  with ss. 320.08056 and 320.08058 and shall annually attest,

29  under penalties of perjury, that such proceeds were used in

30  compliance with such sections. The attestation shall be made

31  annually in a form and format determined by the department,

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    Florida Senate - 2004                                  SB 2214
    7-1598-04                                          See HB 1049




 1  which shall include, at a minimum, identification of all

 2  revenue received by the agency or organization from sales of

 3  the specialty license plate and a categorical list of

 4  expenditures.

 5         (b)  Any organization not subject to audit pursuant to

 6  s. 215.97 shall annually attest, under penalties of perjury,

 7  that such proceeds were used in compliance with ss. 320.08056

 8  and 320.08058. The attestation shall be made annually in a

 9  form and format determined by the department.

10         (b)(c)  Any organization subject to audit pursuant to

11  s. 215.97 shall submit an audit report in accordance with

12  rules promulgated by the Auditor General in addition to the

13  attestation required under paragraph (a). The annual

14  attestation shall be submitted to the department for review

15  within 9 months after the end of the organization's fiscal

16  year.

17         Section 4.  Subsection (1) of section 320.20, Florida

18  Statutes, is amended to read:

19         320.20  Disposition of license tax moneys.--The revenue

20  derived from the registration of motor vehicles, including any

21  delinquent fees and excluding those revenues collected and

22  distributed under the provisions of s. 320.081, must be

23  distributed monthly, as collected, as follows:

24         (1)(a)  The first proceeds, to the extent necessary to

25  comply with the provisions of s. 18, Art. XII of the State

26  Constitution of 1885, as adopted by s. 9(d), Art. XII, 1968

27  revised constitution, and the additional provisions of s. 9(d)

28  and s. 1010.57, must be deposited in the district Capital

29  Outlay and Debt Service School Trust Fund.

30         (b)  After the first proceeds are deposited pursuant to

31  paragraph (a), $1 of the license tax payment for each

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    Florida Senate - 2004                                  SB 2214
    7-1598-04                                          See HB 1049




 1  registration or renewal of registration provided for in s.

 2  320.08 shall be deposited into the Highway Safety Operating

 3  Trust Fund and shall be used to support state law enforcement

 4  officer recruitment and retention salary programs.

 5         Section 5.  The Department of Highway Safety and Motor

 6  Vehicles shall, in cooperation with representatives of the

 7  local tax collectors and with Prison Rehabilitative Industries

 8  and Diversified Enterprises, Inc., at Union Correctional

 9  Facility, study the operational and economic feasibility of

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

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

12  potential operational and economic impact of various

13  manufacturing, inventory control, and product distribution

14  technologies on the specialty license plate program. The

15  department shall report its findings to the President of the

16  Senate and the Speaker of the House of Representatives no

17  later than December 31, 2004.

18         Section 6.  This act shall take effect July 1, 2004.

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