Florida Senate - 2021 SB 1862 By Senator Rodriguez 39-01133A-21 20211862__ Page 1 of 11 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to fees; amending ss. 320.06 and 2 320.08053, F.S.; conforming cross-references; amending 3 s. 320.08056, F.S.; requiring the Department of 4 Highway Safety and Motor Vehicles to establish fees 5 for issuance or renewal of specialty license plates 6 marketed and sold by private vendors; requiring 7 certain portions of a contract with the private vendor 8 to be paid with such fees; requiring certain excess 9 fees to be deposited in the General Revenue Fund; 10 conforming provisions to changes made by the act; 11 amending s. 320.08058, F.S.; conforming a cross-12 reference; providing a contingent effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16

Section 1. Paragraph (

b) of subsection (1) of

section 17 320.06, Florida Statutes, as amended by SB ___, 2021 Regular 18 Session, is amended to read: 19 320.06 Registration certificates, license plates, and 20 validation stickers generally.— 21 (1) 22 (b)1. Except as provided in s. 320.08056(5) s. 23 320.08056(3), registration license plates bearing a graphic 24 symbol and the alphanumeric system of identification shall be 25 issued for a 10-year period. At the end of the 10-year period, 26 upon renewal, the plate shall be replaced. The department shall 27 extend the scheduled license plate replacement date from a 6-28 year period to a 10-year period. The fee for such replacement is 29

Florida Senate - 2021 SB 1862 39-01133A-21 20211862__ Page 2 of 11 CODING: Words stricken are deletions; words underlined are additions. $28, $2.80 of which shall be paid each year before the plate is 30 replaced, to be credited toward the next $28 replacement fee. 31 The fees shall be deposited into the Highway Safety Operating 32 Trust Fund. A credit or refund may not be given for any prior 33 years’ payments of the prorated replacement fee if the plate is 34 replaced or surrendered before the end of the 10-year period, 35 except that a credit may be given if a registrant is required by 36 the department to replace a license plate under s. 37 320.08056(14)(

a) s. 320.08056(11)(a). With each license plate, a 38 validation sticker shall be issued showing the owner’s birth 39 month, license plate number, and the year of expiration or the 40 appropriate renewal period if the owner is not a natural person. 41 The validation sticker shall be placed on the upper right corner 42 of the license plate. The license plate and validation sticker 43 shall be issued based on the applicant’s appropriate renewal 44 period.

The registration period is 12 months, the extended 45 registration period is 24 months, and all expirations occur 46 based on the applicant’s appropriate registration period. A 47 vehicle that has an apportioned registration shall be issued an 48 annual license plate and a cab card that denote the declared 49 gross vehicle weight for each apportioned jurisdiction in which 50 the vehicle is authorized to operate. 51 2. In order to retain the efficient administration of the 52 taxes and fees imposed by this chapter, the 80-cent fee increase 53 in the replacement fee imposed by

chapter 2009-71, Laws of 54 Florida, is negated as provided in s. 320.0804. 55

Section 2. Paragraph (

b) of subsection (3) of

section 56 320.08053, Florida Statutes, as amended by SB ____, 2021 Regular 57 Session, is amended to read: 58

Florida Senate - 2021 SB 1862 39-01133A-21 20211862__ Page 3 of 11 CODING: Words stricken are deletions; words underlined are additions. 320.08053 Establishment of specialty license plates.— 59 (3) 60 (

b) If the Legislature has approved 150 or more specialty 61 license plates, the department may not make any new specialty 62 license plates available for design or issuance until a 63 sufficient number of plates are discontinued pursuant to s. 64 320.08056(14) s. 320.08056(11) such that the number of plates 65 being issued does not exceed 150. Notwithstanding s. 66 320.08056(14)(

a) s. 320.08056(11)(a), the 150-license-plate 67 limit includes license plates above the minimum sales threshold 68 and those exempt from that threshold. This paragraph does not 69 apply to specialty license plates marketed and sold by private 70 vendors. 71

Section 3. Subsections (2), (3), and (4) through (18) of 72

section 320.08056, Florida Statutes, as amended by SB ____, 2021 73 Regular Session, are redesignated as subsections (4), (5), and 74 (7) through (21), respectively, new subsections (2), (3), and 75 (6) are added to that section, and paragraphs (

b) and (

c) of 76 subsection (1), present subsection (3), paragraph (

d) of present 77 subsection (6), paragraph (

c) of present subsection (11), 78 paragraph (

a) of present subsection (13), and present subsection 79 (15) of that

section are amended, to read: 80 320.08056 Specialty license plates.— 81

(1) The department is responsible for developing the 82 specialty license plates authorized in s. 320.08053 and shall 83 enter into a contract with an experienced private vendor whose 84 proposal is most advantageous to the state, as determined from 85 competitive sealed proposals that satisfy the requirements of 86 this section, for the exclusive vendor rights to market and sell 87

Florida Senate - 2021 SB 1862 39-01133A-21 20211862__ Page 4 of 11 CODING: Words stricken are deletions; words underlined are additions. specialty license plates. 88 (

b) A contract entered into with a private vendor shall 89 provide for the department to recover all costs incurred by the 90 department in implementing subsections (2)-(6) (2) and (3). 91 Under the contract, the department may require the private 92 vendor to reimburse the department in advance for up to 50 93 percent of the department’s anticipated costs in connection with 94 the contract and the department’s anticipated costs in 95 connection with the introduction of a new specialty license 96 plate under the contract. 97 (

c) The department shall certify to the Chief Financial 98 Officer an estimate, with a detailed explanation of the basis on 99 which the estimate is calculated, of all reasonable costs to the 100 department associated with the evaluation of competitive sealed 101 proposals received by the department under this subsection and 102 with the implementation and enforcement of a contract entered 103 into under this subsection, including direct, indirect, and 104 administrative costs for the issuance or renewal of specialty 105 license plates under subsection (8) (5). 106

(2) The department shall, by rule, establish fees for the 107 issuance or renewal of specialty license plates that are 108 marketed and sold by a private vendor. Fees must be reasonable 109 and not less than the amounts necessary to allow the department 110 to recover all reasonable costs to the department associated 111 with the evaluation of the competitive sealed proposals received 112 by the department and with the implementation and enforcement of 113 the contract, including direct, indirect, and administrative 114 costs. A fee established under this subsection is in addition to 115 the registration fee and any optional registration fee for the 116

Florida Senate - 2021 SB 1862 39-01133A-21 20211862__ Page 5 of 11 CODING: Words stricken are deletions; words underlined are additions. motor vehicle for which a specialty license plate is issued and 117 any additional fee for the issuance of a specialty license plate 118 for that motor vehicle. 119

(3) The portion of a contract with the private vendor 120 regarding the marketing and sale of specialty license plates is 121 payable only from amounts derived from the collection of the fee 122 established under subsection (2). 123 (5)

(3) Notwithstanding s. 320.06, a specialty license plate 124 marketed and sold by a private vendor must be approved by the 125 department for issuance for a term of 1, 3, 5, or 10 years. 126 Subject to the limitations provided in subsection (14) (11) and 127 s. 320.08053(2)(b), the department may cancel a specialty 128 license plate or require the discontinuation of a specialty 129 license plate design or color combination that is marketed and 130 sold by the private vendor under contract at any time if the 131 department determines that the cancellation or discontinuation 132 is in the best interest of this state or the motoring public. 133

(6) To the extent that specialty license plate fees 134 collected under this

section are in excess of the minimum amount 135 required under subsection (9) or subsection (10), less any fees 136 negotiated with the private vendor, the excess amount shall be 137 deposited in the General Revenue Fund. 138 (9)

(6) Each request for a specialty license plate must be 139 made annually to the department or an authorized agent serving 140 on behalf of the department, accompanied by the following tax 141 and fees: 142 (

d) Unless the amount of an annual use fee is otherwise 143 specified in subsection (10) (7) for a particular specialty 144 license plate, an annual use fee of $25 for any specialty 145

Florida Senate - 2021 SB 1862 39-01133A-21 20211862__ Page 6 of 11 CODING: Words stricken are deletions; words underlined are additions. license plate that is required to be developed under s. 146 320.08058, plus any amounts necessary to allow the department to 147 recover all reasonable costs to the department associated with a 148 specialty license plate marketed and sold by a private vendor, 149 including evaluation of competitive sealed proposals received by 150 the department, implementation and enforcement of a contract, 151 and any other direct, indirect, and administrative costs. 152 153 A request may be made any time during a registration period.

If 154 a request is made for a specialty license plate to replace a 155 current valid license plate, the specialty license plate must be 156 issued with appropriate decals attached at no tax for the plate, 157 but all fees and service charges must be paid. If a request is 158 made for a specialty license plate at the beginning of the 159 registration period, the tax, together with all applicable fees 160 and service charges, must be paid. 161 (14)(11) 162 (

c) A vehicle owner or lessee issued a specialty license 163 plate that has been discontinued by the department may keep the 164 discontinued specialty license plate for the remainder of the 165 license plate replacement period provided in subsection (5) (3) 166 or s. 320.06, as applicable, and must pay all other applicable 167 registration fees. However, such owner or lessee is exempt from 168 paying the applicable specialty license plate annual use fee 169 under paragraph (9)(d) (6)(

d) or subsection (10) (7) for the 170 remainder of the license plate replacement period. 171 (16)(a)(13)(

a) A specialty license plate annual use fee 172 collected and distributed under this chapter, or any interest 173 earned from those fees, may not be used for commercial or for-174

Florida Senate - 2021 SB 1862 39-01133A-21 20211862__ Page 7 of 11 CODING: Words stricken are deletions; words underlined are additions. profit activities nor for general or administrative expenses, 175 except as authorized by s. 320.08058 or to pay the cost of the 176 audit or report required by s. 320.08062(1). The fees and any 177 interest earned from the fees may be expended only for use in 178 this state unless the annual use fee is derived from the sale of 179 United States Armed Forces and veterans-related specialty 180 license plates pursuant to paragraph (9)(d) (6)(

d) for the 181 Support Our Troops and American Legion license plates; 182 paragraphs (10)(b), (q), and (v) (7)(b), (q), and (

v) for the 183 Florida Salutes Veterans, United States Marine Corps, and 184 Military Services license plates, respectively; and s. 320.0891 185 for the U.S. Paratrooper license plate. This paragraph does not 186 apply to specialty license plates marketed and sold by private 187 vendors. 188 (18)

(15) Notwithstanding s. 320.08058(3)(a), the 189 department, in cooperation with the independent colleges or 190 universities as defined in s. 1009.89 or s. 1009.891, shall 191 create a standard template specialty license plate with a unique 192 logo or graphic identifying each independent college or 193 university. Each independent college or university may elect to 194 use this standard template specialty license plate in lieu of 195 its own specialty license plate.

Annual use fees from the sale 196 of these license plates shall be distributed to the independent 197 college or university for which the logo or graphic is displayed 198 on the license plate and shall be used as provided in s. 199 320.08058(3). Independent colleges or universities opting to use 200 the standard template specialty license plate shall have their 201 plate sales combined for purposes of meeting the minimum license 202 plate sales threshold in paragraph (14)(a) (11)(

a) and for 203

Florida Senate - 2021 SB 1862 39-01133A-21 20211862__ Page 8 of 11 CODING: Words stricken are deletions; words underlined are additions. determining the license plate limit in s. 320.08053(3)(b). 204 Specialty license plates created pursuant to this subsection 205 must be ordered directly from the department. This paragraph 206 does not apply to specialty license plates marketed and sold by 207 private vendors. 208

Section 4. Subsection (101) of

section 320.08058, Florida 209 Statutes, as amended by SB ____, 2021 Regular Session, is 210 amended to read: 211 320.08058 Specialty license plates.— 212

(101) DIVINE NINE LICENSE PLATES.— 213 (

a) The department shall develop a Divine Nine license 214 plate as provided in this

section and s. 320.08053 using a 215 standard template and a unique logo, graphic, or color for each 216 of the organizations listed in sub-subparagraphs (b)2.a.-i. The 217 plate must bear the colors and design approved by the 218 department, and must include the official logo, graphic, or 219 color as appropriate for each organization. The word “Florida” 220 must appear at the top of the plate, and the words “Divine Nine” 221 must appear at the bottom of the plate. 222 (

b) The annual use fees from the sale of the plate shall be 223 distributed as follows: 224 1. Five percent of the proceeds shall be distributed to the 225 United Negro College Fund, Inc., for college scholarships for 226 Florida residents attending Florida’s historically black 227 colleges and universities. 228 2. The remaining 95 percent of the proceeds shall be 229 distributed to one of the following organizations as selected by 230 the purchaser of the plate who shall receive a license plate 231 with the logo, graphic, or color associated with the appropriate 232

Florida Senate - 2021 SB 1862 39-01133A-21 20211862__ Page 9 of 11 CODING: Words stricken are deletions; words underlined are additions. recipient organization: 233 a. Alpha Phi Alpha Fraternity, Inc. 234 (

I) Eighty-five percent shall be distributed to the Florida 235 Federation of Alpha Chapters, Inc., to promote community 236 awareness and action through educational, economic, and cultural 237 service activities within this state. 238 (II) Ten percent shall be distributed to the Florida 239 Federation of Alpha Chapters, Inc., solely for the marketing of 240 the plate. 241 b. Alpha Kappa Alpha Sorority, Inc. 242 (

I) Eighty-five percent shall be distributed to the Alpha 243 Kappa Alpha Educational Advancement Foundation, Inc., to promote 244 community awareness and action through educational, economic, 245 and cultural service activities within this state. 246 (II) Ten percent shall be distributed to the Alpha Kappa 247 Alpha Educational Advancement Foundation, Inc., solely for the 248 marketing of the plate. 249 c. Kappa Alpha Psi Fraternity, Inc. 250 (

I) Eighty-five percent shall be distributed to the 251 Southern Province of Kappa Alpha Psi Fraternity, Inc., to 252 promote community awareness and action through educational, 253 economic, and cultural service activities within this state. 254 (II) Ten percent shall be distributed to the Southern 255 Province of Kappa Alpha Psi Fraternity, Inc., solely for the 256 marketing of the plate. 257 d. Omega Psi Phi Fraternity, Inc. 258 (

I) Eighty-five percent shall be distributed to the State 259 of Florida Omega Friendship Foundation, Inc., to promote 260 community awareness and action through educational, economic, 261

Florida Senate - 2021 SB 1862 39-01133A-21 20211862__ Page 10 of 11 CODING: Words stricken are deletions; words underlined are additions. and cultural service activities within this state. 262 (II) Ten percent shall be distributed to the State of 263 Florida Omega Friendship Foundation, Inc., solely for the 264 marketing of the plate. 265 e. Delta Sigma Theta Sorority, Inc. 266 (

I) Eighty-five percent shall be distributed to the Delta 267 Research and Educational Foundation, Inc., to promote community 268 awareness and action through educational, economic, and cultural 269 service activities within this state. 270 (II) Ten percent shall be distributed to the Delta Research 271 and Educational Foundation, Inc., solely for the marketing of 272 the plate. 273 f. Phi Beta Sigma Fraternity, Inc. 274 (

I) Eighty-five percent shall be distributed to the TMB 275 Charitable Foundation, Inc., to promote community awareness and 276 action through educational, economic, and cultural service 277 activities within this state. 278 (II) Ten percent shall be distributed to the TMB Charitable 279 Foundation, Inc., solely for the marketing of the plate. 280 g. Zeta Phi Beta Sorority, Inc. 281 (

I) Eighty-five percent shall be distributed to the Florida 282 Pearls, Inc., to promote community awareness and action through 283 educational, economic, and cultural service activities within 284 this state. 285 (II) Ten percent shall be distributed to the Florida 286 Pearls, Inc., solely for the marketing of the plate. 287 h. Sigma Gamma Rho Sorority, Inc. 288 (

I) Eighty-five percent shall be distributed to the Sigma 289 Gamma Rho Sorority National Education Fund, Inc., to promote 290

Florida Senate - 2021 SB 1862 39-01133A-21 20211862__ Page 11 of 11 CODING: Words stricken are deletions; words underlined are additions. community awareness and action through educational, economic, 291 and cultural service activities within this state. 292 (II) Ten percent shall be distributed to the Sigma Gamma 293 Rho Sorority National Education Fund, Inc., solely for the 294 marketing of the plate. 295 i. Iota Phi Theta Fraternity, Inc. 296 (

I) Eighty-five percent shall be distributed to the 297 National Iota Foundation, Inc., to promote community awareness 298 and action through educational, economic, and cultural service 299 activities within this state. 300 (II) Ten percent shall be distributed to the National Iota 301 Foundation, Inc., solely for the marketing of the plate. 302 303 License plates created pursuant to this subsection shall have 304 their plate sales combined for the purpose of meeting the 305 minimum license plate sales threshold in s. 320.08056(14)(

a) s. 306 320.08056(11)(

a) and for determining the license plate limit in 307 s. 320.08053(3)(b). License plates created pursuant to this 308 subsection must be ordered directly from the department. 309

Section 5. This act shall take effect on the same date that 310 SB ___ or similar legislation takes effect, if such legislation 311 is adopted in the same legislative session or an extension 312 thereof and becomes a law. 313