| 1 | Representative Needelman offered the following: |
| 2 |
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| 3 | Amendment to Amendment (895289) (with title amendment) |
| 4 | Remove lines 1168-1408 and insert: |
| 5 | Section 12. Section 403.4131, Florida Statutes, is amended |
| 6 | to read: |
| 7 | 403.4131 Litter control "Keep Florida Beautiful, |
| 8 | Incorporated"; placement of signs.-- |
| 9 | (1) It is the intent of the Legislature that a coordinated |
| 10 | effort of interested businesses, environmental and civic |
| 11 | organizations, and state and local agencies of government be |
| 12 | developed to plan for and assist in implementing solutions to |
| 13 | the litter and solid waste problems in this state and that the |
| 14 | state provide financial assistance for the establishment of a |
| 15 | nonprofit organization with the name of "Keep Florida Beautiful, |
| 16 | Incorporated," which shall be registered, incorporated, and |
| 17 | operated in compliance with chapter 617. This nonprofit |
| 18 | organization shall coordinate the statewide campaign and operate |
| 19 | as the grassroots arm of the state's effort and shall serve as |
| 20 | an umbrella organization for volunteer-based community programs. |
| 21 | The organization shall be dedicated to helping Florida and its |
| 22 | local communities solve solid waste problems, to developing and |
| 23 | implementing a sustained litter prevention campaign, and to act |
| 24 | as a working public-private partnership in helping to implement |
| 25 | the state's Solid Waste Management Act. As part of this effort, |
| 26 | Keep Florida Beautiful, Incorporated, in cooperation with the |
| 27 | Environmental Education Foundation, shall strive to educate |
| 28 | citizens, visitors, and businesses about the important |
| 29 | relationship between the state's environment and economy. Keep |
| 30 | Florida Beautiful, Incorporated, is encouraged to explore and |
| 31 | identify economic incentives to improve environmental |
| 32 | initiatives in the area of solid waste management. The |
| 33 | membership of the board of directors of this nonprofit |
| 34 | organization may include representatives of the following |
| 35 | organizations: the Florida League of Cities, the Florida |
| 36 | Association of Counties, the Governor's Office, the Florida |
| 37 | Chapter of the National Solid Waste Management Association, the |
| 38 | Florida Recyclers Association, the Center for Marine |
| 39 | Conservation, Chapter of the Sierra Club, the Associated |
| 40 | Industries of Florida, the Florida Soft Drink Association, the |
| 41 | Florida Petroleum Council, the Retail Grocers Association of |
| 42 | Florida, the Florida Retail Federation, the Pulp and Paper |
| 43 | Association, the Florida Automobile Dealers Association, the |
| 44 | Beer Industries of Florida, the Florida Beer Wholesalers |
| 45 | Association, and the Distilled Spirits Wholesalers. |
| 46 | (2) As a partner working with government, business, civic, |
| 47 | environmental, and other organizations, Keep Florida Beautiful, |
| 48 | Incorporated, shall strive to assist the state and its local |
| 49 | communities by contracting for the development of a highly |
| 50 | visible antilitter campaign that, at a minimum, includes: |
| 51 | (a) Coordinating with the Center for Marine Conservation |
| 52 | and the Center for Solid and Hazardous Waste Management to |
| 53 | identify components of the marine debris and litter stream and |
| 54 | groups that habitually litter. |
| 55 | (b) Designing appropriate advertising to promote the |
| 56 | proper management of solid waste, with emphasis on educating |
| 57 | groups that habitually litter. |
| 58 | (c) Fostering public awareness and striving to build an |
| 59 | environmental ethic in this state through the development of |
| 60 | educational programs that result in an understanding and in |
| 61 | action on the part of individuals and organizations about the |
| 62 | role they must play in preventing litter and protecting |
| 63 | Florida's environment. |
| 64 | (d) Developing educational programs and materials that |
| 65 | promote the proper management of solid waste, including the |
| 66 | proper disposal of litter. |
| 67 | (e) Administering grants provided by the state. Grants |
| 68 | authorized under this section shall be subject to normal |
| 69 | department audit procedures and review. |
| 70 | (1)(3) The Department of Transportation shall establish an |
| 71 | "adopt-a-highway" program to allow local organizations to be |
| 72 | identified with specific highway cleanup and highway |
| 73 | beautification projects authorized under s. 339.2405 and shall |
| 74 | coordinate such efforts with Keep Florida Beautiful, Inc. The |
| 75 | department shall report to the Governor and the Legislature on |
| 76 | the progress achieved and the savings incurred by the "adopt-a- |
| 77 | highway" program. The department shall also monitor and report |
| 78 | on compliance with provisions of the adopt-a-highway program to |
| 79 | ensure that organizations that participate in the program comply |
| 80 | with the goals identified by the department. |
| 81 | (2)(4) The Department of Transportation shall place signs |
| 82 | discouraging litter at all off-ramps of the interstate highway |
| 83 | system in the state. The department shall place other highway |
| 84 | signs as necessary to discourage littering through use of the |
| 85 | antilitter program developed by Keep Florida Beautiful, |
| 86 | Incorporated. |
| 87 | (3)(5) Each county is encouraged to initiate a litter |
| 88 | control and prevention program or to expand upon its existing |
| 89 | program. The department shall establish a system of grants for |
| 90 | municipalities and counties to implement litter control and |
| 91 | prevention programs. In addition to the activities described in |
| 92 | subsection (1), such grants shall at a minimum be used for |
| 93 | litter cleanup, grassroots educational programs involving litter |
| 94 | removal and prevention, and the placement of litter and |
| 95 | recycling receptacles. Counties are encouraged to form working |
| 96 | public private partnerships as authorized under this section to |
| 97 | implement litter control and prevention programs at the |
| 98 | community level. The grants authorized pursuant to this section |
| 99 | shall be incorporated as part of the recycling and education |
| 100 | grants. Counties that have a population under 100,000 75,000 are |
| 101 | encouraged to develop a regional approach to administering and |
| 102 | coordinating their litter control and prevention programs. |
| 103 | (6) The department may contract with Keep Florida |
| 104 | Beautiful, Incorporated, to help carry out the provisions of |
| 105 | this section. All contracts authorized under this section are |
| 106 | subject to normal department audit procedures and review. |
| 107 | (7) In order to establish continuity for the statewide |
| 108 | program, those local governments and community programs |
| 109 | receiving grants for litter prevention and control must use the |
| 110 | official State of Florida litter control or campaign symbol |
| 111 | adopted by Keep Florida Beautiful, Incorporated, for use on |
| 112 | various receptacles and program material. |
| 113 | (8) The Legislature establishes a litter reduction goal of |
| 114 | 50 percent reduction from the period January 1, 1994, to January |
| 115 | 1, 1997. The method of determination used to measure the |
| 116 | reduction in litter is the survey conducted by the Center for |
| 117 | Solid and Hazardous Waste Management. The center shall consider |
| 118 | existing litter survey methodologies. |
| 119 | (9) The Department of Environmental Protection shall |
| 120 | contract with the Center for Solid and Hazardous Waste |
| 121 | Management for an ongoing annual litter survey, the first of |
| 122 | which is to be conducted by January 1, 1994. The center shall |
| 123 | appoint a broad-based work group not to exceed seven members to |
| 124 | assist in the development and implementation of the survey. |
| 125 | Representatives from the university system, business, |
| 126 | government, and the environmental community shall be considered |
| 127 | by the center to serve on the work group. Final authority on |
| 128 | implementing and conducting the survey rests with the center. |
| 129 | The first survey is to be designed to serve as a baseline by |
| 130 | measuring the amount of current litter and marine debris, and is |
| 131 | to include a methodology for measuring the reduction in the |
| 132 | amount of litter and marine debris to determine the progress |
| 133 | toward the litter reduction goal established in subsection (8). |
| 134 | Annually thereafter, additional surveys are to be conducted and |
| 135 | must also include a methodology for measuring the reduction in |
| 136 | the amount of litter and for determining progress toward the |
| 137 | litter reduction goal established in subsection (8). |
| 138 | (10)(a) There is created within Keep Florida Beautiful, |
| 139 | Inc., the Wildflower Advisory Council, consisting of a maximum |
| 140 | of nine members to direct and oversee the expenditure of the |
| 141 | Wildflower Account. The Wildflower Advisory Council shall |
| 142 | include a representative from the University of Florida |
| 143 | Institute of Food and Agricultural Sciences, the Florida |
| 144 | Department of Transportation, and the Florida Department of |
| 145 | Environmental Protection, the Florida League of Cities, and the |
| 146 | Florida Association of Counties. Other members of the committee |
| 147 | may include representatives from the Florida Federation of |
| 148 | Garden Clubs, Inc., Think Beauty Foundation, the Florida Chapter |
| 149 | of the American Society of Landscape Architects, Inc., and a |
| 150 | representative of the Master Gardener's Program. |
| 151 | (b) The Wildflower Advisory Council shall develop |
| 152 | procedures of operation, research contracts, educational |
| 153 | programs, and wildflower planting grants for Florida native |
| 154 | wildflowers, plants, and grasses. The council shall also make |
| 155 | the final determination of what constitutes acceptable species |
| 156 | of wildflowers and other plantings supported by these programs. |
| 157 | Section 13. Section 403.41315, Florida Statutes, is |
| 158 | amended to read: |
| 159 | 403.41315 Comprehensive illegal dumping, litter, and |
| 160 | marine debris control and prevention.-- |
| 161 | (1) The Legislature finds that a comprehensive illegal |
| 162 | dumping, litter, and marine debris control and prevention |
| 163 | program is necessary to protect the beauty and the environment |
| 164 | of Florida. The Legislature also recognizes that a comprehensive |
| 165 | illegal dumping, litter, and marine debris control and |
| 166 | prevention program will have a positive effect on the state's |
| 167 | economy. The Legislature finds that the state's rapid |
| 168 | population growth, the ever-increasing mobility of its |
| 169 | population, and the large number of tourists contribute to the |
| 170 | need for a comprehensive illegal dumping, litter, and marine |
| 171 | debris control and prevention program. The Legislature further |
| 172 | finds that the program must be coordinated and capable of having |
| 173 | statewide identity and grassroots community support. |
| 174 | (2) The comprehensive illegal dumping, litter, and marine |
| 175 | debris control and prevention program at a minimum must include |
| 176 | the following: |
| 177 | (a) A local statewide public awareness and educational |
| 178 | campaign, coordinated by Keep Florida Beautiful, Incorporated, |
| 179 | to educate individuals, government, businesses, and other |
| 180 | organizations concerning the role they must assume in preventing |
| 181 | and controlling litter. |
| 182 | (b) Enforcement provisions authorized under s. 403.413. |
| 183 | (c) Enforcement officers whose responsibilities include |
| 184 | grassroots education along with enforcing litter and illegal |
| 185 | dumping violations. |
| 186 | (d) Local illegal dumping, litter, and marine debris |
| 187 | control and prevention programs operated at the county level |
| 188 | with emphasis placed on grassroots educational programs designed |
| 189 | to prevent and remove litter and marine debris. |
| 190 | (e) A statewide adopt-a-highway program as authorized |
| 191 | under s. 403.4131. |
| 192 | (f) The highway beautification program authorized under s. |
| 193 | 339.2405. |
| 194 | (g) A statewide Adopt-a-Shore program that includes beach, |
| 195 | river, and lake shorelines and emphasizes litter and marine |
| 196 | debris cleanup and prevention. |
| 197 | (h) The prohibition of balloon releases as authorized |
| 198 | under s. 372.995. |
| 199 | (i) The placement of approved identifiable litter and |
| 200 | recycling receptacles. |
| 201 | (j) Other educational programs that are implemented at the |
| 202 | grassroots level coordinated through Keep Florida Beautiful, |
| 203 | Inc., involving volunteers and community programs that clean up |
| 204 | and prevent litter, including Youth Conservation Corps |
| 205 | activities. |
| 206 | Section 14. Section 403.4133, Florida Statutes, is amended |
| 207 | to read: |
| 208 | 403.4133 Adopt-a-Shore Program.-- |
| 209 | (1) The Legislature finds that litter and illegal dumping |
| 210 | present a threat to the state's wildlife, environment, and |
| 211 | shorelines. The Legislature further finds that public awareness |
| 212 | and education will assist in preventing litter from being |
| 213 | illegally deposited along the state's shorelines. |
| 214 | (2) The Adopt-a-Shore Program shall be created within the |
| 215 | Department of Environmental Protection nonprofit organization |
| 216 | referred to in s. 403.4131(1), named Keep Florida Beautiful, |
| 217 | Incorporated. The program shall be designed to educate the |
| 218 | state's citizens and visitors about the importance of litter |
| 219 | prevention and shall include approaches and techniques to remove |
| 220 | litter from the state's shorelines. |
| 221 | (3) For the purposes of this section, the term "shoreline" |
| 222 | includes, but is not limited to, beaches, rivershores, and |
| 223 | lakeshores. |
| 224 | Section 15. Subsection (28) of section 320.08058, Florida |
| 225 | Statutes, is amended to read: |
| 226 | 320.08058 Specialty license plates.-- |
| 227 | (28) FLORIDA WILDFLOWER LICENSE PLATES.-- |
| 228 | (a) The department shall develop a Florida Wildflower |
| 229 | license plate as provided in this section. The word "Florida" |
| 230 | must appear at the top of the plate, and the words "State |
| 231 | Wildflower" and "coreopsis" must appear at the bottom of the |
| 232 | plate. |
| 233 | (b) The annual use fees shall be distributed to the |
| 234 | Wildflower Foundation, Inc., a nonprofit corporation under s. |
| 235 | 501(c)(3) of the Internal Revenue Code Wildflower Account |
| 236 | established by Keep Florida Beautiful, Inc., created by s. |
| 237 | 403.4131. The proceeds must be used to establish native Florida |
| 238 | wildflower research programs, wildflower educational programs, |
| 239 | and wildflower grant programs to municipal, county, and |
| 240 | community-based groups in this state. |
| 241 | 1. The Wildflower Foundation, Inc., shall develop |
| 242 | procedures of operation, research contracts, education and |
| 243 | marketing programs, and wildflower planting grants for Florida |
| 244 | native wildflowers, plants, and grasses. |
| 245 | 2. A maximum of 15 10 percent of the proceeds from the |
| 246 | sale of such plates may be used for administrative and marketing |
| 247 | costs. |
| 248 | 3. In the event the Wildflower Foundation, Inc., ceases to |
| 249 | be an active nonprofit corporation under s. 501(c)(3) of the |
| 250 | Internal Revenue Code, the proceeds from the annual use fee |
| 251 | shall be deposited into the General Inspection Trust Fund |
| 252 | created within the Department of Agriculture and Consumer |
| 253 | Services. Any funds held by the Wildflower Foundation, Inc., |
| 254 | must be promptly transferred to the General Inspection Trust |
| 255 | Fund. The Department of Agriculture and Consumer Services shall |
| 256 | use and administer the proceeds from the use fee in the manner |
| 257 | specified in this subsection. |
| 258 |
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| 259 |
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| 260 | ======== T I T L E A M E N D M E N T ======== |
| 261 | Remove lines 4551-4564 and insert: |
| 262 | requirements for a litter survey; amending s. 403.41315, |
| 263 | F.S.; conforming provisions to changes made to the Keep |
| 264 | Florida Beautiful, Inc., program; amending s. 403.4133, |
| 265 | F.S.; placing the Adopt-a-Shore Program within the |
| 266 | Department of Environmental Protection; amending s. |
| 267 | 320.08058, F.S.; requiring that the proceeds of the fees |
| 268 | paid for Wildflower license plates be distributed to |
| 269 | Wildflower Foundation, Inc.; requiring the foundation to |
| 270 | develop certain procedures and programs; specifying uses |
| 271 | of the proceeds; transferring the balance of such proceeds |
| 272 | to the Department of Agriculture and Consumer Services |
| 273 | under certain circumstances; amending s. 403.703, |