CopyCited 39 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 4036
...m delegating their duty of administering the funds to religious organizations. The challenged statute, which creates a specialty license plate bearing the message "Choose Life," was enacted under Florida's specialty license plate program, Fla. Stat. § 320.08053 ....
...3 The State of Florida currently authorizes the distribution of at least 38 specialty license plates. See Fla. Stat. §
320.08058 (1)-(38) (2002). The process by which an organization can obtain a specialty license plate is spelled out in Fla. Stat. §
320.08053 ....
...in the review of the application and the development of the plate, and (4) a marketing strategy describing the marketing plans for the plate and outlining the anticipated revenues and planned expenditures of the revenues generated by the plate. Id. § 320.08053(1). If the sponsoring organization satisfies these requirements, the Department submits the plan to the Florida legislature, which has unfettered discretion to enact a law authorizing the specialty plate, or to reject the plan in toto. Id. § 320.08053(2)....
...otects the rights of those who wish to speak. The State of Florida has not denied Appellants access to the specialty license plate forum. 12 It has not rejected Appellants' application for a specialty license plate, and it has not applied Fla. Stat. § 320.08053 in a discriminatory manner....
...at 149-50 ,
89 S.Ct. at 937-38 . In all three cases, the constitutional challenge was to the government program that created the speech forum, not to the state's authorization of the use of the forum by a third party. If Appellants were challenging Fla. Stat. §
320.08053 , the statute that creates the forum, the Lakewood line of cases might be relevant....
...Furthermore, we will not instruct the State to close the entire specialty license plate forum because Appellants have not challenged the entire forum. Their challenge was to the Choose Life statute, Fla. Stat. §
320.08058 (30), not the specialty license plate program, Fla. Stat. §
320.08053 ....
...riminatory reasons that it might have done so. For example, the legislature might have been concerned about the precedential effect of creating specialty license plates for interests that have not satisfied the application requirements of Fla. Stat. § 320.08053 ....
CopyCited 2 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 18099, 2002 WL 1787951
...Nothing in the language of the Florida Act prevents Plaintiffs or anyone else from speaking. The Act creates an opportunity for speech. Those who seek a similar or equal opportunity for other speech need only comply with the application requirements presented at Fla. Stat. § 320.08053....
