Bill Text: FL S1862 | 2021 | Regular Session | Introduced
Bill Title: Fees/Specialty License Plates Marketed and Sold by Private Vendors
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-04-30 - Died in Transportation [S1862 Detail]
Download: Florida-2021-S1862-Introduced.html
Florida Senate - 2021 SB 1862 By Senator Rodriguez 39-01133A-21 20211862__ 1 A bill to be entitled 2 An act relating to fees; amending ss. 320.06 and 3 320.08053, F.S.; conforming cross-references; amending 4 s. 320.08056, F.S.; requiring the Department of 5 Highway Safety and Motor Vehicles to establish fees 6 for issuance or renewal of specialty license plates 7 marketed and sold by private vendors; requiring 8 certain portions of a contract with the private vendor 9 to be paid with such fees; requiring certain excess 10 fees to be deposited in the General Revenue Fund; 11 conforming provisions to changes made by the act; 12 amending s. 320.08058, F.S.; conforming a cross 13 reference; providing a contingent effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Paragraph (b) of subsection (1) of section 18 320.06, Florida Statutes, as amended by SB ___, 2021 Regular 19 Session, is amended to read: 20 320.06 Registration certificates, license plates, and 21 validation stickers generally.— 22 (1) 23 (b)1. Except as provided in s. 320.08056(5)s.24320.08056(3), registration license plates bearing a graphic 25 symbol and the alphanumeric system of identification shall be 26 issued for a 10-year period. At the end of the 10-year period, 27 upon renewal, the plate shall be replaced. The department shall 28 extend the scheduled license plate replacement date from a 6 29 year period to a 10-year period. The fee for such replacement is 30 $28, $2.80 of which shall be paid each year before the plate is 31 replaced, to be credited toward the next $28 replacement fee. 32 The fees shall be deposited into the Highway Safety Operating 33 Trust Fund. A credit or refund may not be given for any prior 34 years’ payments of the prorated replacement fee if the plate is 35 replaced or surrendered before the end of the 10-year period, 36 except that a credit may be given if a registrant is required by 37 the department to replace a license plate under s. 38 320.08056(14)(a)s. 320.08056(11)(a). With each license plate, a 39 validation sticker shall be issued showing the owner’s birth 40 month, license plate number, and the year of expiration or the 41 appropriate renewal period if the owner is not a natural person. 42 The validation sticker shall be placed on the upper right corner 43 of the license plate. The license plate and validation sticker 44 shall be issued based on the applicant’s appropriate renewal 45 period. The registration period is 12 months, the extended 46 registration period is 24 months, and all expirations occur 47 based on the applicant’s appropriate registration period. A 48 vehicle that has an apportioned registration shall be issued an 49 annual license plate and a cab card that denote the declared 50 gross vehicle weight for each apportioned jurisdiction in which 51 the vehicle is authorized to operate. 52 2. In order to retain the efficient administration of the 53 taxes and fees imposed by this chapter, the 80-cent fee increase 54 in the replacement fee imposed by chapter 2009-71, Laws of 55 Florida, is negated as provided in s. 320.0804. 56 Section 2. Paragraph (b) of subsection (3) of section 57 320.08053, Florida Statutes, as amended by SB ____, 2021 Regular 58 Session, is amended to read: 59 320.08053 Establishment of specialty license plates.— 60 (3) 61 (b) If the Legislature has approved 150 or more specialty 62 license plates, the department may not make any new specialty 63 license plates available for design or issuance until a 64 sufficient number of plates are discontinued pursuant to s. 65 320.08056(14)s. 320.08056(11)such that the number of plates 66 being issued does not exceed 150. Notwithstanding s. 67 320.08056(14)(a)s. 320.08056(11)(a), the 150-license-plate 68 limit includes license plates above the minimum sales threshold 69 and those exempt from that threshold. This paragraph does not 70 apply to specialty license plates marketed and sold by private 71 vendors. 72 Section 3. Subsections (2), (3), and (4) through (18) of 73 section 320.08056, Florida Statutes, as amended by SB ____, 2021 74 Regular Session, are redesignated as subsections (4), (5), and 75 (7) through (21), respectively, new subsections (2), (3), and 76 (6) are added to that section, and paragraphs (b) and (c) of 77 subsection (1), present subsection (3), paragraph (d) of present 78 subsection (6), paragraph (c) of present subsection (11), 79 paragraph (a) of present subsection (13), and present subsection 80 (15) of that section are amended, to read: 81 320.08056 Specialty license plates.— 82 (1) The department is responsible for developing the 83 specialty license plates authorized in s. 320.08053 and shall 84 enter into a contract with an experienced private vendor whose 85 proposal is most advantageous to the state, as determined from 86 competitive sealed proposals that satisfy the requirements of 87 this section, for the exclusive vendor rights to market and sell 88 specialty license plates. 89 (b) A contract entered into with a private vendor shall 90 provide for the department to recover all costs incurred by the 91 department in implementing subsections (2)-(6)(2) and (3). 92 Under the contract, the department may require the private 93 vendor to reimburse the department in advance for up to 50 94 percent of the department’s anticipated costs in connection with 95 the contract and the department’s anticipated costs in 96 connection with the introduction of a new specialty license 97 plate under the contract. 98 (c) The department shall certify to the Chief Financial 99 Officer an estimate, with a detailed explanation of the basis on 100 which the estimate is calculated, of all reasonable costs to the 101 department associated with the evaluation of competitive sealed 102 proposals received by the department under this subsection and 103 with the implementation and enforcement of a contract entered 104 into under this subsection, including direct, indirect, and 105 administrative costs for the issuance or renewal of specialty 106 license plates under subsection (8)(5). 107 (2) The department shall, by rule, establish fees for the 108 issuance or renewal of specialty license plates that are 109 marketed and sold by a private vendor. Fees must be reasonable 110 and not less than the amounts necessary to allow the department 111 to recover all reasonable costs to the department associated 112 with the evaluation of the competitive sealed proposals received 113 by the department and with the implementation and enforcement of 114 the contract, including direct, indirect, and administrative 115 costs. A fee established under this subsection is in addition to 116 the registration fee and any optional registration fee for the 117 motor vehicle for which a specialty license plate is issued and 118 any additional fee for the issuance of a specialty license plate 119 for that motor vehicle. 120 (3) The portion of a contract with the private vendor 121 regarding the marketing and sale of specialty license plates is 122 payable only from amounts derived from the collection of the fee 123 established under subsection (2). 124 (5)(3)Notwithstanding s. 320.06, a specialty license plate 125 marketed and sold by a private vendor must be approved by the 126 department for issuance for a term of 1, 3, 5, or 10 years. 127 Subject to the limitations provided in subsection (14)(11)and 128 s. 320.08053(2)(b), the department may cancel a specialty 129 license plate or require the discontinuation of a specialty 130 license plate design or color combination that is marketed and 131 sold by the private vendor under contract at any time if the 132 department determines that the cancellation or discontinuation 133 is in the best interest of this state or the motoring public. 134 (6) To the extent that specialty license plate fees 135 collected under this section are in excess of the minimum amount 136 required under subsection (9) or subsection (10), less any fees 137 negotiated with the private vendor, the excess amount shall be 138 deposited in the General Revenue Fund. 139 (9)(6)Each request for a specialty license plate must be 140 made annually to the department or an authorized agent serving 141 on behalf of the department, accompanied by the following tax 142 and fees: 143 (d) Unless the amount of an annual use fee is otherwise 144 specified in subsection (10)(7)for a particular specialty 145 license plate, an annual use fee of $25 for any specialty 146 license plate that is required to be developed under s. 147 320.08058, plus any amounts necessary to allow the department to 148 recover all reasonable costs to the department associated with a 149 specialty license plate marketed and sold by a private vendor, 150 including evaluation of competitive sealed proposals received by 151 the department, implementation and enforcement of a contract, 152 and any other direct, indirect, and administrative costs. 153 154 A request may be made any time during a registration period. If 155 a request is made for a specialty license plate to replace a 156 current valid license plate, the specialty license plate must be 157 issued with appropriate decals attached at no tax for the plate, 158 but all fees and service charges must be paid. If a request is 159 made for a specialty license plate at the beginning of the 160 registration period, the tax, together with all applicable fees 161 and service charges, must be paid. 162 (14)(11)163 (c) A vehicle owner or lessee issued a specialty license 164 plate that has been discontinued by the department may keep the 165 discontinued specialty license plate for the remainder of the 166 license plate replacement period provided in subsection (5)(3)167 or s. 320.06, as applicable, and must pay all other applicable 168 registration fees. However, such owner or lessee is exempt from 169 paying the applicable specialty license plate annual use fee 170 under paragraph (9)(d)(6)(d)or subsection (10)(7)for the 171 remainder of the license plate replacement period. 172 (16)(a)(13)(a)A specialty license plate annual use fee 173 collected and distributed under this chapter, or any interest 174 earned from those fees, may not be used for commercial or for 175 profit activities nor for general or administrative expenses, 176 except as authorized by s. 320.08058 or to pay the cost of the 177 audit or report required by s. 320.08062(1). The fees and any 178 interest earned from the fees may be expended only for use in 179 this state unless the annual use fee is derived from the sale of 180 United States Armed Forces and veterans-related specialty 181 license plates pursuant to paragraph (9)(d)(6)(d)for the 182 Support Our Troops and American Legion license plates; 183 paragraphs (10)(b), (q), and (v)(7)(b), (q), and (v)for the 184 Florida Salutes Veterans, United States Marine Corps, and 185 Military Services license plates, respectively; and s. 320.0891 186 for the U.S. Paratrooper license plate. This paragraph does not 187 apply to specialty license plates marketed and sold by private 188 vendors. 189 (18)(15)Notwithstanding s. 320.08058(3)(a), the 190 department, in cooperation with the independent colleges or 191 universities as defined in s. 1009.89 or s. 1009.891, shall 192 create a standard template specialty license plate with a unique 193 logo or graphic identifying each independent college or 194 university. Each independent college or university may elect to 195 use this standard template specialty license plate in lieu of 196 its own specialty license plate. Annual use fees from the sale 197 of these license plates shall be distributed to the independent 198 college or university for which the logo or graphic is displayed 199 on the license plate and shall be used as provided in s. 200 320.08058(3). Independent colleges or universities opting to use 201 the standard template specialty license plate shall have their 202 plate sales combined for purposes of meeting the minimum license 203 plate sales threshold in paragraph (14)(a)(11)(a)and for 204 determining the license plate limit in s. 320.08053(3)(b). 205 Specialty license plates created pursuant to this subsection 206 must be ordered directly from the department. This paragraph 207 does not apply to specialty license plates marketed and sold by 208 private vendors. 209 Section 4. Subsection (101) of section 320.08058, Florida 210 Statutes, as amended by SB ____, 2021 Regular Session, is 211 amended to read: 212 320.08058 Specialty license plates.— 213 (101) DIVINE NINE LICENSE PLATES.— 214 (a) The department shall develop a Divine Nine license 215 plate as provided in this section and s. 320.08053 using a 216 standard template and a unique logo, graphic, or color for each 217 of the organizations listed in sub-subparagraphs (b)2.a.-i. The 218 plate must bear the colors and design approved by the 219 department, and must include the official logo, graphic, or 220 color as appropriate for each organization. The word “Florida” 221 must appear at the top of the plate, and the words “Divine Nine” 222 must appear at the bottom of the plate. 223 (b) The annual use fees from the sale of the plate shall be 224 distributed as follows: 225 1. Five percent of the proceeds shall be distributed to the 226 United Negro College Fund, Inc., for college scholarships for 227 Florida residents attending Florida’s historically black 228 colleges and universities. 229 2. The remaining 95 percent of the proceeds shall be 230 distributed to one of the following organizations as selected by 231 the purchaser of the plate who shall receive a license plate 232 with the logo, graphic, or color associated with the appropriate 233 recipient organization: 234 a. Alpha Phi Alpha Fraternity, Inc. 235 (I) Eighty-five percent shall be distributed to the Florida 236 Federation of Alpha Chapters, Inc., to promote community 237 awareness and action through educational, economic, and cultural 238 service activities within this state. 239 (II) Ten percent shall be distributed to the Florida 240 Federation of Alpha Chapters, Inc., solely for the marketing of 241 the plate. 242 b. Alpha Kappa Alpha Sorority, Inc. 243 (I) Eighty-five percent shall be distributed to the Alpha 244 Kappa Alpha Educational Advancement Foundation, Inc., to promote 245 community awareness and action through educational, economic, 246 and cultural service activities within this state. 247 (II) Ten percent shall be distributed to the Alpha Kappa 248 Alpha Educational Advancement Foundation, Inc., solely for the 249 marketing of the plate. 250 c. Kappa Alpha Psi Fraternity, Inc. 251 (I) Eighty-five percent shall be distributed to the 252 Southern Province of Kappa Alpha Psi Fraternity, Inc., to 253 promote community awareness and action through educational, 254 economic, and cultural service activities within this state. 255 (II) Ten percent shall be distributed to the Southern 256 Province of Kappa Alpha Psi Fraternity, Inc., solely for the 257 marketing of the plate. 258 d. Omega Psi Phi Fraternity, Inc. 259 (I) Eighty-five percent shall be distributed to the State 260 of Florida Omega Friendship Foundation, Inc., to promote 261 community awareness and action through educational, economic, 262 and cultural service activities within this state. 263 (II) Ten percent shall be distributed to the State of 264 Florida Omega Friendship Foundation, Inc., solely for the 265 marketing of the plate. 266 e. Delta Sigma Theta Sorority, Inc. 267 (I) Eighty-five percent shall be distributed to the Delta 268 Research and Educational Foundation, Inc., to promote community 269 awareness and action through educational, economic, and cultural 270 service activities within this state. 271 (II) Ten percent shall be distributed to the Delta Research 272 and Educational Foundation, Inc., solely for the marketing of 273 the plate. 274 f. Phi Beta Sigma Fraternity, Inc. 275 (I) Eighty-five percent shall be distributed to the TMB 276 Charitable Foundation, Inc., to promote community awareness and 277 action through educational, economic, and cultural service 278 activities within this state. 279 (II) Ten percent shall be distributed to the TMB Charitable 280 Foundation, Inc., solely for the marketing of the plate. 281 g. Zeta Phi Beta Sorority, Inc. 282 (I) Eighty-five percent shall be distributed to the Florida 283 Pearls, Inc., to promote community awareness and action through 284 educational, economic, and cultural service activities within 285 this state. 286 (II) Ten percent shall be distributed to the Florida 287 Pearls, Inc., solely for the marketing of the plate. 288 h. Sigma Gamma Rho Sorority, Inc. 289 (I) Eighty-five percent shall be distributed to the Sigma 290 Gamma Rho Sorority National Education Fund, Inc., to promote 291 community awareness and action through educational, economic, 292 and cultural service activities within this state. 293 (II) Ten percent shall be distributed to the Sigma Gamma 294 Rho Sorority National Education Fund, Inc., solely for the 295 marketing of the plate. 296 i. Iota Phi Theta Fraternity, Inc. 297 (I) Eighty-five percent shall be distributed to the 298 National Iota Foundation, Inc., to promote community awareness 299 and action through educational, economic, and cultural service 300 activities within this state. 301 (II) Ten percent shall be distributed to the National Iota 302 Foundation, Inc., solely for the marketing of the plate. 303 304 License plates created pursuant to this subsection shall have 305 their plate sales combined for the purpose of meeting the 306 minimum license plate sales threshold in s. 320.08056(14)(a)s.307320.08056(11)(a)and for determining the license plate limit in 308 s. 320.08053(3)(b). License plates created pursuant to this 309 subsection must be ordered directly from the department. 310 Section 5. This act shall take effect on the same date that 311 SB ___ or similar legislation takes effect, if such legislation 312 is adopted in the same legislative session or an extension 313 thereof and becomes a law.