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THE BILL ITSELF

CS/CS/HB 639

Specialty License Plates

VERSION H 639 c2 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

1 A bill to be entitled
2 An act relating to specialty license plates; amending
3 s. 320.08053, F.S.; requiring certain organizations
4 that have an approved specialty license plate to
5 submit within a specified timeframe certain financial
6 information to the Department of Highway Safety and
7 Motor Vehicles; providing for the deauthorization of
8 certain specialty license plates if the organization
9 receiving the annual use fees does not submit the
10 required financial information to the department
11 within the specified timeframe; requiring the
12 department to submit an annual report to the Governor
13 and Legislature by a specified date; amending s.
14 320.08056, F.S.; prohibiting specialty license plate
15 annual use fees or interest earned from such fees from
16 being distributed to certain entities; amending s.
17 320.08058, F.S.; revising provisions relating to the
18 issuance and fee distribution for Fraternal Order of
19 Police license plates; directing the department to
20 develop specified specialty license plates; amending
21 s. 320.08062, F.S.; conforming provisions to changes
22 made by the act; providing an effective date.
24 Be It Enacted by the Legislature of the State of Florida:
26 Section 1. Subsections (2), (3), and (4) of section
27 320.08053, Florida Statutes, are renumbered as subsections (4),
28 (5), and (6), respectively, subsection (1) is amended, and new
29 subsections (2) and (3) are added to that section, to read:
30 320.08053 Establishment of specialty license plates.—
31 (1) If a specialty license plate requested by an
32 organization is approved by law, the organization must submit
33 the proposed art design for the specialty license plate to the
34 department, as soon as practicable, but no later than 60 days
35 after the act approving the specialty license plate becomes a
36 law:
37 (a) The proposed art design for the specialty license
38 plate.
39 (b) A 5-year financial projection that:
40 1. Outlines anticipated revenues and planned expenditures
41 of the revenues to be derived from the sale of the requested
42 specialty license plate.
43 2. Provides a list of administrative expenses that the
44 approved specialty license plate organization anticipates, if
45 such expenses are authorized by s. 320.08058.
46 3. Provides a list of third parties to which the approved
47 specialty license plate organization plans to transfer, convey,
48 or otherwise distribute the specialty license plate annual use
49 fees in a medium prescribed by the department, as soon as
50 practicable, but no later than 60 days after the act approving
51 the specialty license plate becomes a law.
52 (2) If the financial projection required in paragraph
53 (1)(b) is not received by the department from the approved
54 specialty license plate organization within the timeframe
55 specified in subsection (1), then the specialty license plate is
56 deauthorized.
57 (3) By December 31 of each year, the department must
58 submit a report to the Governor, the President of the Senate,
59 and the Speaker of the House of Representatives summarizing the
60 financial projections submitted to the department pursuant to
61 paragraph (1)(b). The report must also include the department's
62 notification regarding the status of organizations whose
63 revenues have been withheld as provided in s. 320.08062(2)(d).
64 Section 2. Paragraph (a) of subsection (10) and subsection (12) of section 320.08056, Florida Statutes, are amended to
66 read:
67 320.08056 Specialty license plates.—
68 (10)(a) A specialty license plate annual use fee collected
69 and distributed under this chapter, or any interest earned from
70 those fees, may be distributed to either a domestic corporation
71 as defined in s. 617.01401(4) that has filed its articles of
72 incorporation with the Department of State pursuant to chapter
73 617 or a foreign corporation as defined in s. 617.01401 that has
74 complied with s. 617.1503 and is authorized to conduct its
75 affairs in Florida. Such corporations authorized by law to
76 collect annual use fees from a specialty license plate may not:
77 1. Transfer, convey, or otherwise distribute the annual
78 use fees or any interest earned from those fees to any third
79 party unless the third party is a domestic corporation as
80 defined in s. 617.01401(4) that has filed its articles of
81 incorporation with the Department of State pursuant to chapter
82 617 or a foreign corporation as defined in s. 617.01401 that has
83 complied with s. 617.1503 and is authorized to conduct its
84 affairs in Florida.
85 2. Use the annual use fees or any interest earned from
86 those fees Be used for commercial or for-profit activities nor
87 for general or administrative expenses, except as authorized by
88 s. 320.08058 or to pay the cost of the audit or report required
89 by s. 320.08062(1).
90 3. Expend the annual use fees or The fees and any interest
91 earned from the fees outside may be expended only for use in
92 this state unless the annual use fee is derived from the sale of
93 United States Armed Forces and veterans-related specialty
94 license plates pursuant to paragraph (3)(d) for the Support Our
95 Troops, American Legion, and Honor Flight license plates;
96 paragraphs (4)(b), (q), and (v) for the Florida Salutes
97 Veterans, United States Marine Corps, and Military Services
98 license plates, respectively; and s. 320.0891 for the U.S.
99 Paratrooper license plate.
100 (12) Notwithstanding s. 320.08058(3)(a), the department,
101 in cooperation with the independent colleges or universities as
102 described in s. 1009.89, shall create a standard template
103 specialty license plate with a unique logo or graphic
104 identifying each independent college or university. Each
105 independent college or university may elect to use this standard
106 template specialty license plate in lieu of its own specialty
107 license plate. Annual use fees from the sale of these license
108 plates shall be distributed to the independent college or
109 university for which the logo or graphic is displayed on the
110 license plate and shall be used as provided in s. 320.08058(3).
111 An independent college or university opting to use the standard
112 template specialty license plate shall have the standard
113 template specialty license plate sales added to the total number
114 of remaining current valid registrations under paragraph (8)(a)
115 for the formerly separate independent college and university
116 license plates which were issued before the independent college
117 or university elected to use the standard template specialty
118 license plate for purposes of the standard template specialty
119 license plate meeting the minimum license plate sales threshold
120 in paragraph (8)(a) and for determining the license plate limit
121 in s. 320.08053(5)(b) s. 320.08053(3)(b). Specialty license
122 plates created pursuant to this subsection must be ordered
123 directly from the department. If the independent college or
124 university elects to use the standard template specialty license
125 plate, the department shall discontinue the existing specialty
126 license plate and, notwithstanding paragraph (8)(c), shall
127 continue to collect the applicable specialty license plate
128 annual use fee under paragraph (3)(d) or subsection (4) for the
129 remainder of the 10-year license plate replacement period for
130 the existing plate being discontinued or being replaced with the
131 standard template specialty license plate.
132 Section 3. Subsection (67), paragraph (a) of subsection
133 (71), paragraph (a) of subsection (72), paragraph (a) of
134 subsection (73), paragraph (a) of subsection (74), paragraph (a)
135 of subsection (75), paragraph (a) of subsection (76), paragraph
136 (a) of subsection (77), paragraph (a) of subsection (78), and
137 paragraph (d) of subsection (101) of section 320.08058, Florida
138 Statutes, are amended, and subsections (136) through (142) are
139 added to that section, to read:
140 320.08058 Specialty license plates.—
141 (67) FRATERNAL ORDER OF POLICE LICENSE PLATES.—
142 (a)1. The department shall develop a Fraternal Order of
143 Police license plate as provided in this section. The plate must
144 bear the colors and design approved by the department. The word
145 "Florida" must appear at the top of the plate, and the words
146 "Fraternal Order of Police" must appear at the bottom of the
147 plate.
148 2. The department may issue the plate only to an applicant
149 who submits a notarized letter from the Florida State Lodge of
150 the Fraternal Order of Police stating that the applicant is a
151 member of the lodge in good standing or a member of a lodge
152 member's family, together with other fees and documents required
153 for a specialty plate.
154 (b) The annual use fees shall be distributed to the
155 Florida State Lodge of the Fraternal Order of Police, which
156 shall retain all proceeds until the startup costs to develop and
157 establish the plate have been recovered. Thereafter, the
158 proceeds shall be distributed to the Florida State Lodge
159 Fraternal Order of Police Memorial Foundation, Inc., a nonprofit
160 corporation under s. 501(c)(3) of the Internal Revenue Code,
161 which shall distribute funds according to its articles of
162 incorporation of the Fraternal Order of Police and used as
163 follows:
164 1. A maximum of 10 percent of the proceeds may be used to
165 promote and market the plate, to administer the license plate
166 program, and to pay administrative costs directly associated
167 with the state Fraternal Order of Police Law Enforcement
168 Memorial.
169 2. The remaining proceeds shall be used by the foundation
170 to fund projects, programs, or events related to the memorial or
171 to fund improvements, maintenance, or other support for the
172 memorial.
173 (71) FREEMASONRY LICENSE PLATES.—
174 (a) Notwithstanding s. 45, chapter 2008-176, Laws of
175 Florida, as amended by s. 21, chapter 2010-223, Laws of Florida,
176 the department shall develop a Freemasonry license plate as
177 provided in this section and s. 320.08053(1) and (4) s.
178 320.08053(1) and (2). The word "Florida" must appear at the top
179 of the plate, and the words "In God We Trust" must appear at the
180 bottom of the plate.
181 (72) AMERICAN LEGION LICENSE PLATES.—
182 (a) Notwithstanding s. 45, chapter 2008-176, Laws of
183 Florida, as amended by s. 21, chapter 2010-223, Laws of Florida,
184 the department shall develop an American Legion license plate as
185 provided in s. 320.08053(1) and (4) s. 320.08053(1) and (2) and
186 this section. The plate must bear the colors and design approved
187 by the department. The word "Florida" must appear at the top of
188 the plate, and the words "American Legion" must appear at the
189 bottom of the plate.
190 (73) LAUREN'S KIDS LICENSE PLATES.—
191 (a) Notwithstanding s. 45, chapter 2008-176, Laws of
192 Florida, as amended by s. 21, chapter 2010-223, Laws of Florida,
193 the department shall develop a Lauren's Kids, Prevent Child
194 Sexual Abuse license plate as provided in s. 320.08053(1) and
195 (4) s. 320.08053(1) and (2) and this section. The plate must
196 bear the colors and design approved by the department. The word
197 "Florida" must appear at the top of the plate, and the words
198 "Lauren's Kids" must appear at the bottom of the plate.
199 (74) BIG BROTHERS BIG SISTERS LICENSE PLATES.—
200 (a) Notwithstanding s. 45, chapter 2008-176, Laws of
201 Florida, as amended by s. 21, chapter 2010-223, Laws of Florida,
202 the department shall develop a Big Brothers Big Sisters license
203 plate as provided in s. 320.08053(1) and (4) s. 320.08053(1) and
204 (2) and this section. The plate must bear the colors and design
205 approved by the department. The word "Florida" must appear at
206 the top of the plate, and the words "Big Brothers Big Sisters"
207 must appear at the bottom of the plate.
208 (75) FALLEN LAW ENFORCEMENT OFFICERS LICENSE PLATES.—
209 (a) Notwithstanding s. 45, chapter 2008-176, Laws of
210 Florida, as amended by s. 21, chapter 2010-223, Laws of Florida,
211 the department shall develop a Fallen Law Enforcement Officers
212 license plate as provided in s. 320.08053(1) and (4) s.
213 320.08053(1) and (2) and this section. The plate must bear the
214 colors and design approved by the department. The word "Florida"
215 must appear at the top of the plate, and the words "A Hero
216 Remembered Never Dies" must appear at the bottom of the plate.
217 (76) FLORIDA SHERIFFS ASSOCIATION LICENSE PLATES.—
218 (a) Notwithstanding s. 45, chapter 2008-176, Laws of
219 Florida, as amended by s. 21, chapter 2010-223, Laws of Florida,
220 the department shall develop a Florida Sheriffs Association
221 license plate as provided in s. 320.08053(1) and (4) s.
222 320.08053(1) and (2) and this section. The plate must bear the
223 colors and design approved by the department. A sheriff's star
224 must appear on the left side of the plate, the word "Florida"
225 must appear at the top of the plate, and the words "Florida
226 Sheriffs Association" must appear at the bottom of the plate.
227 (77) KEISER UNIVERSITY LICENSE PLATES.—
228 (a) Notwithstanding s. 45, chapter 2008-176, Laws of
229 Florida, as amended by s. 21, chapter 2010-223, Laws of Florida,
230 the department shall develop a Keiser University license plate
231 as provided in s. 320.08053(1) and (4) s. 320.08053(1) and (2)
232 and this section. The plate must bear the colors and design
233 approved by the department. The word "Florida" must appear at
234 the top of the plate, and the words "Keiser University" must
235 appear at the bottom of the plate.
236 (78) MOFFITT CANCER CENTER LICENSE PLATES.—
237 (a) Notwithstanding s. 45, chapter 2008-176, Laws of
238 Florida, as amended by s. 21, chapter 2010-223, Laws of Florida,
239 the department shall develop a Moffitt Cancer Center license
240 plate as provided in s. 320.08053(1) and (4) s. 320.08053(1) and
241 (2) and this section. The word "Florida" must appear at the top
242 of the plate, and the words "Moffitt Cancer Center" must appear
243 at the bottom of the plate.
244 (101) DIVINE NINE LICENSE PLATES.—
245 (d) A Divine Nine license plate:
246 1. May be personalized.
247 2. May not be transferred between vehicle owners.
249 License plates created pursuant to this subsection shall have
250 their plate sales combined for the purpose of meeting the
251 minimum license plate sales threshold in s. 320.08056(8)(a) and
252 for determining the license plate limit in s. 320.08053(5)(b) s.
253 320.08053(3)(b). License plates created pursuant to this
254 subsection must be ordered directly from the department.
255 (136) MIAMI NORTHWESTERN ALUMNI ASSOCIATION LICENSE
256 PLATES.—
257 (a) The department shall develop a Miami Northwestern
258 Alumni Association license plate as provided in this section and
259 s. 320.08053. The plate must bear the colors and design approved
260 by the department. The word "Florida" must appear at the top of
261 the plate, and the words "Miami Northwestern Alumni Association"
262 must appear at the bottom of the plate.
263 (b) The annual use fees from the sale of the plate must be
264 distributed to the Miami Northwestern Alumni Association, Inc.,
265 which may use up to 10 percent of the fees for administrative
266 costs and marketing of the plate. The balance of the fees must
267 be used by the Miami Northwestern Alumni Association, Inc., to
268 fund academic programs, athletic programs, and need-based
269 scholarships for the benefit of Miami Northwestern Senior High
270 School students and the Miami Northwestern Senior High School
271 Performing and Visual Arts Center.
272 (137) CHRISTOPHER COLUMBUS HIGH SCHOOL LICENSE PLATES.—
273 (a) The department shall develop a Christopher Columbus
274 High School license plate as provided in this section and s.
275 320.08053. The plate must bear the colors and design approved by
276 the department. The word "Florida" must appear at the top of the
277 plate, and the words "Christopher Columbus High School" must
278 appear at the bottom of the plate.
279 (b) The annual use fees from the sale of the plate must be
280 distributed to Christopher Columbus High School, Inc., which may
281 use up to 10 percent of the fees for administrative costs and
282 marketing of the plate. The balance of the fees must be used by
283 Christopher Columbus High School, Inc., to fund academic
284 programs, athletic programs, and need-based scholarships for the
285 benefit of Christopher Columbus High School students.
286 (138) ULTIMATE FIGHTING CHAMPIONSHIP (UFC) LICENSE
287 PLATES.—
288 (a) The department shall develop an Ultimate Fighting
289 Championship (UFC) license plate as provided in this section and
290 s. 320.08053. The plate must bear the colors and design approved
291 by the department. The word "Florida" must appear at the top of
292 the plate, and the words "UFC Lives Here" must appear at the
293 bottom of the plate.
294 (b) The annual use fees from the sale of the plate must be
295 distributed to the UFC Foundation, a nonprofit corporation under
296 s. 501(c)(3) of the Internal Revenue Code, which may use up to
297 10 percent of the proceeds to promote and market the plate. The
298 UFC Foundation shall use the remainder of the proceeds to
299 support charities and nonprofits in this state that align with
300 the foundation's mission and goals, such as children's
301 hospitals, support for first responders and the military, and
302 youth advocacy and mentorship, and to fund the development and
303 operation of youth mentorship programs in partnership with local
304 law enforcement agencies.
305 (139) UNITED STATES NAVAL ACADEMY LICENSE PLATES.—
306 (a) The department shall develop a United States Naval
307 Academy license plate as provided in this section and s.
308 320.08053. The plate must bear the colors and design approved by
309 the department. The word "Florida" must appear at the top of the
310 plate, and the words "Go Navy, Beat Army!" must appear at the
311 bottom of the plate.
312 (b) The annual use fees from the sale of the plate must be
313 distributed to the Jacksonville Chapter of the Naval Academy
314 Alumni Association, which may use up to 10 percent of the fees
315 for administrative costs related to promotion and marketing of
316 the plate. The chapter shall use the remaining fees to provide
317 grants to charitable organizations in this state which directly
318 support veterans and their families for purposes including, but
319 not limited to:
320 1. Providing food or shelter.
321 2. Providing service animals or support animals to wounded
322 veterans.
323 3. Supporting children of servicemembers killed in the
324 line of duty.
325 (140) UNITED STATES MILITARY ACADEMY LICENSE PLATES.—
326 (a) The department shall develop a United States Military
327 Academy license plate as provided in this section and s.
328 320.08053. The plate must bear the colors and design approved by
329 the department. The word "Florida" must appear at the top of the
330 plate, and the words "Go Army, Beat Navy!" must appear at the
331 bottom of the plate.
332 (b) The annual use fees from the sale of the plate must be
333 distributed to Bay Area Legal Services, Inc., which may use up
334 to 10 percent of the fees for administrative costs related to
335 promotion and marketing of the plate. The balance of the fees
336 must be used by Bay Area Legal Services, Inc., to fund the
337 Florida Veterans Legal Helpline.
338 (141) MIAMI DADE COLLEGE LICENSE PLATES.—
339 (a) The department shall develop a Miami Dade College
340 license plate as provided in this section and s. 320.08053. The
341 plate must bear the colors and design approved by the
342 department. The word "Florida" must appear at the top of the
343 plate, and the words "Miami Dade College" must appear at the
344 bottom of the plate.
345 (b) The annual use fees from the sale of the plate must be
346 distributed to the Miami Dade College Foundation, Inc., which
347 may use up to 10 percent of the fees for administrative costs
348 and marketing of the plate. The balance of the fees must be used
349 by the Miami Dade College Foundation, Inc., to fund student
350 scholarships.
351 (142) FLORIDA FILM LEGACY LICENSE PLATES.—
352 (a) The department shall develop a Florida Film Legacy
353 license plate as provided in this section and s. 320.08053. The
354 plate must bear the colors and design approved by the department
355 in consultation with Feature Florida Partnerships, Inc. The word
356 "Florida" must appear at the top of the plate, and the words
357 "Film Legacy" must appear at the bottom of the plate.
358 (b) The annual use fees from the sale of the plate must be
359 distributed to Feature Florida Partnerships, Inc., a nonprofit
360 corporation under s. 501(c)(3) of the Internal Revenue Code. By
361 September 1, 2027, and annually thereafter, Feature Florida
362 Partnerships, Inc., must submit a financial report to the
363 department detailing the use of such fees during the preceding
364 fiscal year. Section 4. Paragraph (d) of subsection (2) of section
366 320.08062, Florida Statutes, is amended to read:
367 320.08062 Audits and attestations required; annual use
368 fees of specialty license plates.—
369 (2)
370 (d) If an organization fails to comply with the
371 department's recommendations and corrective actions as outlined
372 in paragraph (c), the revenue distributions shall be
373 discontinued until completion of the next regular session of the
374 Legislature. By December 31 of each year and as part of the
375 report required in s. 320.08053(3), the department shall notify
376 the Governor, the President of the Senate, and the Speaker of
377 the House of Representatives by the first day of the next
378 regular session of any organization whose revenues have been
379 withheld as a result of this paragraph. If the Legislature does
380 not provide direction to the organization and the department
381 regarding the status of the undistributed revenues, the
382 department shall deauthorize the plate and the undistributed
383 revenues shall be immediately deposited into the Highway Safety
384 Operating Trust Fund.
385 Section 5. This act shall take effect October 1, 2026.