The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 434
INTRODUCER: Fiscal Policy Committee; Transportation Committee; and Senator Harrell
SUBJECT: Specialty License Plates
DATE: February 19, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Shutes Vickers TR Fav/CS
2. Wells Jarrett ATD Favorable
3. Shutes Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 434 authorizes the Department of Highway Safety and Motor Vehicles (DHSMV) to
create the following new specialty license plates:
Margaritaville
General Aviation
Clearwater Marine Aquarium
United Service Organizations (USO)
Recycle Florida
Boating Capital of the World
Cure Diabetes
Project Addiction: Reversing the Stigma
The Villages: May All Your Dreams Come True
The bill also revises certain requirements relating to several existing specialty license plates,
including collegiate plates, the Live The Dream plate, the Divine Nine plates, and the Give Kids
The World plate.
The bill will have a negative, but insignificant, fiscal impact to DHSMV associated with
programming and implementation costs.
The bill takes effect October 1, 2024.
BILL: CS/CS/SB 434 Page 2
II. Present Situation:
Specialty License Plates
As of December 2023, there are 144 specialty license plates authorized by the Legislature. Of
these plates, 109 are available for immediate purchase and 31 are in the presale process.1
Specialty license plates are available to an owner or lessee of a motor vehicle who is willing to
pay an annual use fee, ranging from $15 to $25, paid in addition to required license taxes and
service fees.2 The annual use fees are distributed to organizations in support of a particular cause
or charity signified on the plate’s design and designated in statute.3
In order to establish a specialty license plate and after the plate is approved by law, s. 320.08053,
F.S., requires the following actions within certain timelines:
Within 60 days, the organization must submit an art design for the plate, in a medium
prescribed by the DHSMV;
Within 120 days, the DHSMV must establish a method to issue presale vouchers for the
specialty license plate; and
Within 24 months after the presale vouchers are established, the organization must obtain a
minimum of 3,000 voucher sales before manufacturing of the plate may begin.4
If the minimum sales requirement has not been met by the end of the 24-month presale period,
then the DHSMV will discontinue the plate and issuance of presale vouchers. Upon
discontinuation, a purchaser of a presale voucher may use the annual use fee as a credit towards
any other specialty license plate or apply for a refund with the DHSMV.5
New specialty license plates that have been approved by law but are awaiting issuance will be
issued in the order they appear in s. 320.08058, F.S., provided that presale requirements have
been met. If the next listed specialty license plate has not met the presale requirement, the
DHSMV will proceed in the order provided in s. 320.08058, F.S., to identify the next qualified
specialty license plate that has met the presale requirement.6
If the Legislature has approved 135 or more specialty license plates, the DHSMV may not make
any new specialty license plates available for design or issuance until a sufficient number of
plates are discontinued so that the number of plates being issued does not exceed 135.7
1
DHSMV Presentation to the Senate Transportation Committee, Specialty License Plates (January 24, 2023), slideshow
available at https://www.flsenate.gov/Committees/Show/TR/MeetingPacket/5615/10046_MeetingPacket_5615_3.pdf (last
visited October 10, 2023).
2
Section 320.08056(3)(d), F.S., provides that except if specifically provided in s. 320.08056(4), the annual use fee for a
specialty license plate is $25.
3
Section 320.08058, F.S.
4
Chapter 2022-189, Laws of Fla., extended the presale requirement by an additional 24 months for an approved specialty
license plate organization that, as of June 15, 2022, is in the presale period but had not recorded at least 3,000 voucher sales.
5
Section 320.08053(2)(b), F.S.
6
Section 320.08053(3)(a), F.S.
7
Section 320.08053(3)(b), F.S.
BILL: CS/CS/SB 434 Page 3
Use of Specialty License Plate Fees
The annual use fees collected by an organization and any interest earned from the fees may be
expended only for use in this state unless the annual use fee is derived from the sale of specified
United States Armed Forces and veterans-related specialty plates.8 Additionally, organizations
must adhere to certain accountability requirements, including an annual audit or attestation
document affirming that funds received have been spent in accordance with applicable statutes.9
The annual use fees collected by an organization and the interest earned from those fees may not
be used for commercial or for-profit activities, or general or administrative expenses, unless
authorized by s. 320.08058, F.S.10 Additionally, the annual use fees and interest earned from
those fees may not be used for the purpose of marketing to, or lobbying, entertaining, or
rewarding, any employee of a governmental agency that is responsible for the sale and
distribution of specialty license plates, or any elected member or employee of the Legislature. 11
Discontinuance of Specialty Plates
Prior to June 30, 2023, the DHSMV was required to discontinue the issuance of an approved
specialty license plate if the number of valid registrations fells below 1,000 plates for at least
12 consecutive months. A warning letter was mailed to the sponsoring organization following the
first month in which the total number of valid specialty license plate registrations fell below
1,000 plates. Collegiate plates for Florida universities were exempt from the minimum specialty
license plate requirement.12 In addition, the DHSMV was authorized to discontinue any specialty
license plate if the organization ceased to exist, stopped providing services that are funded from
the annual use fee proceeds, or pursuant to an organizational recipient’s request.13
However, effective July 1, 2023, the requirement increased so that the DHSMV must discontinue
the issuance of an approved specialty license plate if the number of valid registrations falls below
3,000 or in the case of an out-of-state college or university license plate, 4,000, for at least
12 consecutive months. The DHSMV must mail a warning letter to the sponsoring organization
following the first month in which the total number of valid specialty plate registrations is below
3,000, or in the case of an out-of-state college or university license plate, 4,000. This does not
apply to in-state collegiate license plates established under s. 320.08058(3), F.S., license plates
of institutions in and entities of the State University System, specialty license plates that have
statutory eligibility limitations for purchase, specialty license plates for which annual use fees are
distributed by a foundation for student and teacher leadership programs and teacher recruitment
and retention, or Florida professional sports team license plates established under
s. 320.08058(9), F.S.14
8
Section 320.08056(10)(a), F.S.
9
Section 320.08062, F.S.; Such fees may be used to pay for the cost of this required audit or report. See s. 320.08056(10)(a),
F.S.
10
Section 320.08056(10)(a), F.S.
11
Section 320.08056(11), F.S.
12
Section 320.08056(8)(a), F.S.
13
Section 320.08056(8)(b), F.S.
14
Chapter 2020-181, s. 7, Laws of Fla.
BILL: CS/CS/SB 434 Page 4
Collegiate Specialty License Plates
Each state and independent university in Florida has the ability to develop a collegiate license
plate if authorized by an act of the Legislature. The specialty license plate fees collected must be
used by the respective foundation for academic enhancement, including scholarships and private
fundraising activities, in a plan approved by the Board of Governors of the State University
System.15 Currently, there are 41 specialty collegiate license plates in circulation.16
Live The Dream Specialty License Plate
In 2004, the DHSMV was authorized to create the Live The Dream specialty license plate. The
proceeds for the Live The Dream specialty license plate are currently distributed to the Dream
Foundation, Inc., which is required to distribute the funds in the following manner:
5 percent for administration and marketing (retained by the Dream Foundation, Inc.);
25 percent to various sickle cell-focused organizations;
22 percent to Chapman Partnership Inc., for social services programs;
20 percent in scholarship funding for students with an incarcerated parent/guardian;
15 percent to unnamed programs to assist former inmates reentering the community; and
8 percent to the Dream Foundation, Inc., to assist inmates reentering the community.17
Five percent of the proceeds are distributed by DHSMV to the MLK Center for Nonviolent
Social Change as a royalty for the use of the image of Dr. Martin Luther King.18
On December 13, 2023, DHSMV issued a report pursuant to s. 320.08062(2)(d), F.S., which
indicated that revenues associated with the Live The Dream specialty license plate were being
withheld as a result of unresolved audit findings.19 The report noted that the board of directors of
the Dream Foundation, Inc., was non-operational, and, as of September 2023, the Dream
Foundation, Inc., was listed as inactive with the Florida Division of Corporations.20 As of
December 6, 2023, DHSMV was withholding $179,843 and there were 5,585 active Live The
Dream specialty license plates.21
15
Section 320.08058(3), F.S.
16
DHSMV, Supra note 1.
17
Section 320.08058(47), F.S.
18
Id.
19
DHSMV, Withheld Specialty License Plate Fund, Audit Report, December 13, 2023, at p2.
20
Id.
21
Id.
BILL: CS/CS/SB 434 Page 5
Divine Nine Specialty License Plates
In 2020, the DHSMV was authorized to create the Divine Nine specialty license plates.22 The
Divine Nine specialty license plates consist of plates authorized for the nine member
organizations of the National Pan-Hellenic Council.23 The nine member organizations include:
Alpha Phi Alpha Fraternity;
Alpha Kappa Alpha Sorority;
Kappa Alpha Psi Fraternity;
Omega Psi Phi Fraternity;
Delta Sigma Theta Sorority;
Phi Beta Sigma Fraternity;
Zeta Phi Beta Sorority;
Sigma Gamma Rho Sorority; and
Iota Phi Theta Fraternity.
Each organization’s plate has a unique logo, graphic, or colors, as well as distribution specific to
the individual organization.24 However, plate sales are combined as one Divine Nine specialty
license plate for the purpose of meeting the minimum license plate sales threshold and for
determining the license plate limit.25
The plate has a $25 annual use fee. The revenue generated through the sale of the plate is
distributed to following recipient organizations: the United Negro College Fund, Inc., for college
scholarships for Florida residents attending Florida’s historically black colleges and universities;
the Association to Preserve African American Society, History and Tradition, Inc.; and to
additional organizations as specified to promote community awareness and action through
educational, economic, and cultural service activities within the state.26
To be eligible for issuance of a Divine Nine specialty license plate, a person must be a Florida
resident, the registered owner of a motor vehicle, and a member of the applicable organization.27
Give Kids The World Specialty License Plate
Florida law currently authorizes the development of a Give Kids The World license plate.28 The
specialty plate is required to:
Bear the colors and design approved by DHSMV; and
Have the word “Florida” appear at the top of the plate and the words “Give Kids The World”
appear at the bottom of the plate.29
22
Chapter 2020-181, Laws of Fla., creating s. 320.08058(101), F.S.
23
The National Pan-Hellenic Council’s purpose is to foster cooperative actions of its members in dealing with matters of
mutual concern and to promote the well-being of its fraternities and sororities. See National Pan-Hellenic Council, About the
NPHC, https://www.nphchq.com/about (last visited December 20, 2023).
24
Section 320.08058(101)(a) and (b), F.S.
25
Section 320.08058(101), F.S.
26
Section 320.08058(101)(b), F.S.
27
Section 320.08058(101)(c), F.S.
28
Section 320.08058(107), F.S.
29
Id.
BILL: CS/CS/SB 434 Page 6
The annual use fees from the sale of the plate must be distributed to Give Kids The World, Inc., a
nonprofit organization under s. 501(c)(3) of the Internal Revenue Code. Up to 10 percent of the
proceeds may be used for the promotion and marketing of the plate. The remainder of the
proceeds may be used by Give Kids The World, Inc., to support their mission of providing week-
long, cost-free vacations to children with critical illnesses and their families.30
The plate has sold 116 presale vouchers and must sell an additional 2,884 presale vouchers in
order to be placed in production.31
Organizations Sponsoring Proposed New Specialty License Plates
Singing for Change (Margaritaville)
Singing for Change was founded by Jimmy Buffett in 1995 and is a Florida not-for-profit
corporation registered with the Florida Department of State.32 The organization’s statement of
purpose is “inspire personal growth, community integration and the enhanced awareness that
collectively, people can bring about positive change.”33
According to the organization’s website, Singing for Change supports small nonprofits that help
individuals become more self-sufficient and create positive change in their communities. The
organization focuses on low income communities or people living in poverty.34
Aerospace Center for Excellence (General Aviation)
Aerospace Center for Excellence is a Florida not-for-profit corporation registered with the
Florida Department of State.35 The organization’s statement of purpose is “to engage, educate
and accelerate the next generation of aerospace professionals.”36
The organization was founded in 2014, and consists of staff members focused on education,
scholarships and events to achieve their vision of “building a brighter future through aviation.”
The Aerospace Center for Excellence hosts summer camps and student outreach programs that
are presented by the staff to over 30,000 students annually. The organization provides
educational support to the aerospace industry to include pilot, maintenance technicians and
college scholarships.37
30
Id.
31
This data is as of January 29, 2024, which is the most recently available data on the DHSMV website. FLHSMV,
SPECIALTY LICENSE PLATES: Pre-Sale Data, https://www.flhsmv.gov/motor-vehicles-tags-titles/personalized-specialty-
license-plates/specialty-license-plates/pre-sale-data/ (last visited Feb. 8, 2024).
32
Florida Department of State: Division of Corporations, SFC Charitable Foundation, INC., Sunbiz.org, Document number
N94000005329 (December 8, 2023).
33
Id.
34
Singing for Change, About Us, About Us | Singing For Change (last visited December 8, 2023).
35
Florida Department of State: Division of Corporations, Aerospace Center for Excellence, Inc., Sunbiz.org, Document
number N00000007283 (October 10, 2023).
36
Id.
37
Aerospace for Excellence, About, About - Aerospace Center For Excellence (aceedu.org) (last visited October 10, 2023).
BILL: CS/CS/SB 434 Page 7
Clearwater Marine Aquarium
Clearwater Marine Aquarium, Inc. is a Florida not-for-profit corpora