HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 891 Specialty License Plate Presales
SPONSOR(S): Yarborough
TIED BILLS: IDEN./SIM. BILLS: SB 364
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee 15 Y, 0 N Johnson Keating
2) Commerce Committee
SUMMARY ANALYSIS
Currently, 123 specialty license plates are available to any owner or lessee of a motor vehicle who is willing to
pay the additional annual use fee for such plate. The collected fees are distributed by the Department of
Highway Safety and Motor Vehicles (DHSMV) to statutorily designated organizations in support of a particular
cause or charity. Prior to manufacturer of a new specialty license plate, DHSMV must receive at least 3,000
presale vouchers within 24 months. The presale requirement increases to 4,000 for an out-of-state college or
university specialty license plate. There are currently 36 specialty license plates in presale, including three out-
of-state college or university plates.
The bill decreases the required number of presale vouchers for an out-of-state college or university specialty
license plate from 4,000 to 3,000.
The bill also extends the 24-month presale period for each specialty license plate by an additional 24 months if,
as of the effective date of the bill, the plate is in its presale period but has not recorded at least 3,000 voucher
sales.
The bill does not appear to have a fiscal impact on state or local governments.
The bill is effective upon becoming a law.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0891a.TIE
DATE: 1/13/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
The first Florida specialty license plates were created by law in 1986 and included the creation of the
Challenger plate and ten Florida collegiate plates. Today, there are 159 legislatively authorized
specialty license plates, with 123 available for sale and an additional 36 in presale. 1 Specialty license
plates are available to any owner or lessee of a motor vehicle who is willing to pay the additional use
fee for the privilege, typically $25 annually.2 Current law provides that if the Legislature3 has approved
150 or more specialty license plates, the Department of Highway Safety and Motor Vehicles (DHMSV)
may not issue any new specialty license plates until a sufficient number of plates are discontinued 4 so
that the number of plates being issued does not exceed 150. 5
Establishment of Specialty License Plates
Within 120 days after an act approving a specialty license plate becomes law, DHSMV must establish a
method to issue a voucher allowing for the presale of the plate. A $5 processing fee, 6 a service charge
and branch fee,7 and an annual use fee for the specialty license plate are charged for the voucher. All
other applicable fees are charged at the time the license plate is issued. 8
Within 24 months after establishing a presale specialty license plate voucher, a minimum of 3,000
voucher sales of the plate must be recorded with DHSMV before the license plate may be
manufactured. However, the minimum sales threshold for out-of-state college or university license
plates is 4,000 voucher sales. If the minimum sales requirement is not met at the conclusion of the 24-
month presale period, the specialty license plate is deauthorized, and DHSMV discontinues the plate’s
development and the issuance of presale vouchers. Upon deauthorization of the license plate or if the
plate has met the presale requirement but has not been issued, a purchaser of the license plate
voucher may use the annual use fee paid as a credit towards any other specialty license plate or may
apply for a refund.9
As of September 26, 2021, three out-of-state college or university specialty license plates are available
for presale. The presale period for these plates began on October 16, 2020, and ends on October 15,
2022.10
License Plate Name Presale Transactions Number Need to Meet 4,000
Plate Presale Requirement
University of Alabama 1,169 2,831
Auburn University 1,066 2,934
University of Georgia 377 3,623
Effect of the Bill
1 Department of Highway Safety and Motor Vehicles (DHSMV), Agency Analysis of 2022 Senate Bill 364, p.2. (Oct. 15, 2021)
2 Section 320.08056(3)(d), F.S., provides that, except if specifically provided in s. 320.08056(4), F.S., the annual use fee fo r a specialty
license plate is $25.
3 Creation of a specialty license plate requires an act of the Legislature.
4 Specialty licens e plates may be discontinued pursuant to s. 320.08056(8), F.S.
5 S. 320.08053(3)(b), F.S.
6 The processing fee is prescribed in s. 320.08056, F.S.
7 Service charges and branch fees are prescribed in s. 320.04, F.S.
8 S. 320.08053(2)(a), F.S.
9 S. 320.08053(2)(b), F.S.
10 DHSMV supra note 1 at 3.
STORAGE NAME: h0891a.TIE PAGE: 2
DATE: 1/13/2022
The bill decreases the number of presale vouchers required prior to manufacture of an out-of-state
college or university specialty license plate from 4,000 to 3,000. This will reduce the presale
requirement for the three specialty license plates listed above.
The bill also directs DHSMV to extend the 24-month presale period for each specialty license plate by
an additional 24 months if, as of the effective date of the bill, the plate is in its presale period but has
not recorded at least 3,000 voucher sales. This will extend the presale period for 36 specialty license
plates.11
The bill directs the Division of Law Revision to replace the phrase “the effective date of this act” with the
date the act becomes a law.
The bill is effective upon becoming a law.
B. SECTION DIRECTORY:
Section 1 Amends s. 320.08053, F.S., relating to the establishment of specialty license plates.
Section 2 Provides a directive to the Division of Law Revision.
Section 3 Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The extension of time for the presale of certain specialty license plates may allow more specialty
license plates to meet the presale threshold, thus improving the opportunity for the recipient
organization to receive revenues associated with plate sales.
D. FISCAL COMMENTS:
None.
11The specialty license plates in presale include: Ducks Unlimited, Auburn University, Beat Childhood Cancer, Florida 4-H, Florida
State Beekeepers Association, Rotary, Highwaymen, Dan Marino Campus, Orlando City Soc cer Club, Daughters of the American
Revolution, Gadsden Flag, America the Beautiful, Explore Off Road Florida, American Eagle, Guardian Ad Litem, Jumbo Shrimp,
Thank a Lineman, Best Buddies, University of Georgia, Florida Bay Forever, Bonefish and Tarpon Trust, Florida Stands with Israel,
Give Kids the World, Marne Corps League, K9s United, Florida Native, University of Alabama, Divine Nine, Honor Flight, Biscayne
Bay, Protect Marine Wildlife, 30A.Com/Scenic Walton, and Support Healthcare Heroes.
STORAGE NAME: h0891a.TIE PAGE: 3
DATE: 1/13/2022
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to impact county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
This bill does not require or authorize rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
As drafted, the bill applies to specialty license plates created in 2020 and 2021. The additional 24-
month presale period does not appear to apply to any specialty license plates that may be created in
2022.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.
STORAGE NAME: h0891a.TIE PAGE: 4
DATE: 1/13/2022
Statutes affected: H 891 Filed: 320.08053