Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS/CS/HB 239, 2nd Eng.
Barcode 109672
LEGISLATIVE ACTION
Senate . House
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Senator Aronberg moved the following:
1 Senate Substitute for Amendment (644696) (with directory
2 and title amendments)
3
4 Delete lines 22 - 343
5 and insert:
6 (aaaa) Hispanics Settled Florida in 1565 license plate,
7 $25.
8 Section 2. Paragraph (c) is added to subsection (29) of
9 section 320.08058, Florida Statutes, paragraph (b) of subsection
10 (32) of that section, is amended, and subsections (69), (70),
11 (71), (72), (73), (74), (75), (76), (77), (78), and (79) are
12 added to that section, to read:
13 320.08058 Specialty license plates.—
14 (29) CHOOSE LIFE LICENSE PLATES.—
15 (c) Choose Life license plate funds generated in counties
16 that do not have a qualified service provider or have not
17 submitted an attestation within the last 12 months shall be
18 redistributed by the department, in an equitable manner, to
19 counties having a qualified service provider. As used in this
20 subsection, the term “qualified service provider” means an
21 entity that provides medically accurate information and
22 materials with reference sources for statements of a medical
23 nature. Sources may include entities such as the Centers for
24 Disease Control and Prevention, the American College of
25 Obstetricians and Gynecologists, and peer-reviewed health
26 science journals such as the Journal of the American Medical
27 Association.
28 (32) UNITED WE STAND LICENSE PLATES.—
29 (b) The department shall retain all revenues from the sale
30 of such plates until all startup costs for developing and
31 issuing the plates have been recovered. Thereafter,
32 notwithstanding the provisions of s. 332.14, 100 percent of the
33 annual use fee shall be distributed to the Department of
34 Transportation SAFE Council for the development and
35 implementation of programs to fund a grant program to enhance
36 security at airports throughout the state, pursuant to s.
37 332.14. Up to 10 percent of the annual use fee revenue may be
38 used for administration, promotion, and marketing of the plate,
39 including the annual audit and compliance affidavit costs.
40 (69) FLORIDA HORSE PARK LICENSE PLATES.—
41 (a) The department shall develop a Florida Horse Park
42 license plate as provided in this section. The plate must bear
43 the colors and design approved by the department. The word
44 “Florida” must appear at the top of the plate and the words
45 “Discover Florida’s Horses” must appear at the bottom of the
46 plate.
47 (b) The annual use fees shall be distributed to the Florida
48 Agriculture Center and Horse Park Authority created by s.
49 570.952, which shall retain all proceeds until the startup costs
50 to develop and establish the plates have been recovered.
51 Thereafter, the proceeds shall be used as follows:
52 1. A maximum of 10 percent of the proceeds may be used to
53 administer the license plate program.
54 2. A maximum of 15 percent of the proceeds may be used to
55 promote and market the license plates.
56 3. The remaining fees shall be used by the authority to
57 promote the Florida Agriculture Center and Horse Park located in
58 Marion County; to support continued development of the park,
59 including the construction of additional educational facilities,
60 barns, and other structures; to provide improvements to the
61 existing infrastructure at the park; and to provide for
62 operational expenses of the park.
63 (70) LET’S GO SURFING LICENSE PLATES.—
64 (a) This subsection may be cited as the “Erik Jersted
65 Memorial Act.”
66 (b) The department shall develop a Let’s Go Surfing license
67 plate as provided in this section. Let’s Go Surfing license
68 plates must bear the colors and design approved by the
69 department. The word “Florida” must appear at the top of the
70 plate, and the words “Let’s Go Surfing” must appear at the
71 bottom of the plate.
72 (c) The license plate annual use fees shall be distributed
73 to East Coast Surfing Hall of Fame and Museum, Inc., to fund
74 activities, programs, and projects to promote Florida’s surfing
75 related tourism, preserve Florida’s surfing history and
76 heritage, preserve Florida’s surf and shores, and honor
77 lifeguards who patrol Florida’s surf and shores to protect
78 beach-goers, surfers, and others. East Coast Surfing Hall of
79 Fame and Museum, Inc., may retain all revenue from the annual
80 use fees until all startup costs for developing and establishing
81 the plate have been recovered. Thereafter, up to 25 percent of
82 the annual use fee revenue may be used for administration,
83 promotion, and marketing of the plate, including costs of the
84 annual audit and compliance affidavit.
85 (71) FRATERNAL ORDER OF POLICE LICENSE PLATES.—
86 (a)1. The department shall develop a Fraternal Order of
87 Police license plate as provided in this section. The plate must
88 bear the colors and design approved by the department. The word
89 “Florida” must appear at the top of the plate and the words
90 “Fraternal Order of Police” must appear at the bottom of the
91 plate.
92 2. The department may issue the plate only to an applicant
93 who submits a notarized letter from the Florida State Lodge of
94 the Fraternal Order of Police stating that the applicant is a
95 member of the lodge in good standing or a member of a lodge
96 member’s family, together with other fees and documents required
97 for a specialty plate.
98 (b) The annual use fees shall be distributed to the Florida
99 State Lodge of the Fraternal Order of Police, which shall retain
100 all proceeds until the startup costs to develop and establish
101 the plate have been recovered. Thereafter, the proceeds shall be
102 distributed to the Florida State Lodge Memorial Foundation of
103 the Fraternal Order of Police and used as follows:
104 1. A maximum of 25 percent of the proceeds may be used to
105 promote and market the plate, to administer the license plate
106 program, and to pay administrative costs directly associated
107 with the state Fraternal Order of Police Law Enforcement
108 Memorial.
109 2. The remaining fees shall be used by the foundation to
110 fund projects, programs, or events related to the memorial or to
111 fund improvements, maintenance, or other support for the
112 memorial.
113 (72) AUTISM LICENSE PLATES.—
114 (a) The department shall develop an Autism license plate as
115 provided in this section. Autism license plates must bear the
116 colors and design approved by the department. The word “Florida”
117 must appear at the top of the plate, and the words “Support
118 Autism Programs” must appear at the bottom of the plate.
119 (b) The proceeds from the license plate annual use fee
120 shall be distributed to Achievement and Rehabilitation Centers,
121 Inc., to fund service programs for autism and related
122 disabilities throughout the state and to operate and establish
123 programs to support individuals with autism and related
124 disabilities through direct services, evaluation, training, and
125 awareness. Achievement and Rehabilitation Centers, Inc., shall
126 establish an Autism Services Grant Council whose membership
127 shall be drawn from among stakeholders throughout the state who
128 represent the interests of individuals with autism and related
129 disabilities. The grant council shall provide grants from
130 available Autism license plate proceeds to nonprofit
131 organizations throughout the state to establish or operate
132 direct services and programs for individuals with autism and
133 related disabilities and their families or to market the Autism
134 license plate. Consideration for participation in such services
135 and programs shall be given to applicants who are children or
136 adults with autism and related disabilities and their families
137 and shall include those who are on the Agency for Persons with
138 Disabilities waiting lists for services. Achievement and
139 Rehabilitation Centers, Inc., shall also establish an Autism
140 License Plate Fund. Moneys in the fund shall be used by the
141 grant council as provided in this paragraph. All funds received
142 under this subsection must be used in this state.
143 (c) Achievement and Rehabilitation Centers, Inc., may
144 retain all proceeds from the annual use fee up to $85,000 until
145 all documented startup costs for developing and establishing the
146 plate have been recovered. Thereafter, the proceeds from the
147 annual use fee shall be used as follows:
148 1. Achievement and Rehabilitation Centers, Inc., may use up
149 to 10 percent of the proceeds from the annual use fee for all
150 administrative costs associated with the operation of the Autism
151 Services Grant Council, the Autism License Plate Fund, and the
152 programs established and operated as provided in subparagraph
153 2., including the costs of an annual audit or compliance
154 affidavit.
155 2. Achievement and Rehabilitation Centers, Inc., may use up
156 to 25 percent of the proceeds from the annual use fee to
157 establish and operate programs statewide to support individuals
158 with autism and related disabilities and their families through
159 direct services, evaluation, and training.
160 3. Achievement and Rehabilitation Centers, Inc., shall
161 disburse 15 percent of the proceeds from the annual use fee to
162 the Center for Autism and Related Disabilities at the University
163 of Miami for distribution to the seven regional autism centers
164 created under s. 1004.55. To the extent possible, the director
165 of the Center for Autism and Related Disabilities at the
166 University of Miami shall distribute funds proportionately among
167 the regional centers. The regional centers shall use the funds
168 to support the services they provide.
169 4. Achievement and Rehabilitation Centers, Inc., shall
170 disburse 50 percent of the proceeds from the annual use fee to
171 the Autism Services Grant Council, which shall provide grants to
172 nonprofit organizations throughout the state to establish or
173 operate direct services and programs for individuals with autism
174 and related disabilities and their families or to market the
175 Autism license plate.
176
177 All grant recipients, the Achievement and Rehabilitation
178 Centers, Inc., and the Center for Autism and Related
179 Disabilities at the University of Miami shall provide to the
180 Autism Services Grant Council an annual program and financial
181 report regarding the use of the proceeds from the annual use
182 fee. The report shall be made available to the public.
183 (73) GO GREEN FLORIDA LICENSE PLATES.—
184 (a) The department shall develop a Go Green Florida license
185 plate as provided in this section. The plate must bear the
186 colors and design approved by the department. The word “Florida”
187 must appear at the top of the plate, and the words “Go Green
188 Florida” must appear at the bottom of the plate. The Go Green
189 Florida emblem or logo must appear on the plate.
190 (b) The requirements of s. 320.08053 must be met before the
191 issuance of the plate.
192 (c) The proceeds from the sale of the plate shall be
193 distributed to the Coalition for Renewable Energy Solutions,
194 Inc. After reimbursement for documented costs expended to
195 establish the plates and for annual auditing costs, the
196 coalition shall use the proceeds of the annual use fees in the
197 following manner:
198 1. A maximum of 5 percent shall be used for administrative
199 costs directly associated with the management and distribution
200 of the proceeds.
201 2. A maximum of 25 percent shall be used for the continuing
202 statewide promotion and marketing of the plate.
203 3. Seventy percent shall be used to fund the Renewable
204 Energy and Energy Efficient Technology Grants program pursuant
205 to s. 377.804, the Solar Energy System Incentives program
206 pursuant to s. 377.806, under the Florida Energy and Climate
207 Commission, or other educational programs dedicated to providing
208 effective alternative energy practices.
209 (d) The coalition shall comply with the financial audit
210 requirements of s. 320.08062.
211 (e) The Go Green Florida emblem or logo may be used as a
212 decal by the department in recognition of energy-efficient
213 vehicle usage and practices. However, the display of the decal
214 is not a substitute for a license plate.
215 (74) CATCH ME, RELEASE ME LICENSE PLATES.—
216 (a) The department shall develop a Catch Me, Release Me
217 license plate as provided in this section. The plates must bear
218 the colors and design approved by the department. The word
219 “Florida” must appear at the top of the plate, and the words
220 “Catch Me, Release Me” must appear at the bottom of the plate.
221 (b) The annual use fees shall be distributed to the Guy
222 Harvey Ocean Foundation, Inc., which shall administer the fees
223 as follows:
224 1. The foundation shall retain the first $60,000 of the
225 annual use fees as direct reimbursement for administrative
226 costs, startup costs, and costs incurred in the development and
227 approval of the plates. Thereafter, up to 15 percent of the
228 annual use fees may be used for administrative costs directly
229 associated with the operation of the foundation and up to 10
230 percent may be used for promotion and marketing of the plate.
231 2. Any remaining funds shall be used by the foundation to
232 fund scientific research related to marine issues, including
233 research of free-ranging pelagic marine species that inhabit,
234 use, or migrate through the waters of this state, and to fund
235 conservation initiatives and education and public outreach
236 programs for school-aged children.
237 (75) ENDLESS SUMMER LICENSE PLATES.—
238 (a) The department shall develop an Endless Summer license
239 plate as provided in this section. Endless Summer license plates
240 must bear the colors and design approved by the department. The
241 word “Florida” must appear at the top of the plate, and the
242 words “Endless Summer” must appear at the bottom of the plate.
243 (b) The license plate annual use fees shall be distributed
244 to Surfing’s Evolution & Preservation Corporation to fund its
245 activities, programs, and projects aimed at preserving the sport
246 of surfing. Surfing’s Evolution & Preservation Corporation may
247 retain all revenue from the annual use fees until all startup
248 costs for developing and establishing the plate have been
249 recovered. Thereafter, up to 25 percent of the annual use fee
250 revenue may be used for promotion and marketing of the specialty
251 license plate and administrative costs directly associated with
252 the corporation’s programs and the specialty license plate.
253 Surfing’s Evolution & Preservation Corporation shall use the
254 remaining funds as follows:
255 1. To fund the proposed Surfing’s Evolution & Preservation
256 Experience project.
257 2. To provide funds for the provision of lifeguards or the
258 building of artificial reefs.
259 3. To provide funds to organizations that house the history
260 and artifacts of surfing or promote the sport through exhibits,
261 lectures, and events.
262 4. To support programs and events of other organizations
263 that support beaches and oceans and promote education on beach
264 safety, coastal pollution, and beach ecology.
265 (76) ST. JOHNS RIVER LICENSE PLATES.—
266 (a) The department shall develop a St. Johns River license
267 plate as provided in this section. The St. Johns River license
268 plates must bear the colors and design approved by the
269 department. The word “Florida” must appear at the top of the
270 plate, and the words “St. Johns River” must appear at the bottom
271 of the plate.
272 (b) The requirements of s. 320.08053 must be met prior to
273 the issuance of the plate. Thereafter, the license plate annual
274 use fees shall be distributed to the St. Johns River Alliance,
275 Inc., a 501(c)(3) nonprofit organization, which shall administer
276 the fees as follows:
277 1. The St. Johns River Alliance, Inc., shall retain the
278 first $60,000 of the annual use fees as direct reimbursement for
279 administrative costs, startup costs, and costs incurred in the
280 development and approval process. Thereafter, up to 10 percent
281 of the annual use fee revenue may be used for administrative
282 costs directly associated with education programs, conservation,
283 research, and grant administration of the organization and up to
284 10 percent may be used for promotion and marketing of the
285 specialty license plate.
286 2. At least 30 percent of the fees shall be available for
287 competitive grants for targeted community-based or county-based
288 research or projects for which state funding is limited or not
289 currently available. The remaining 50 percent shall be directed
290 toward community outreach and access programs. The competitive
291 grants shall be administered and approved by the board of
292 directors of the St. Johns River Alliance, Inc. A grant advisory
293 committee shall be composed of six members chosen by the St.
294 Johns River Alliance board members.
295 3. Any remaining funds shall be distributed with the
296 approval of and accountability to the board of directors of the
297 St. Johns River Alliance, Inc., and shall be used to support
298 activities contributing to education, outreach, and springs
299 conservation.
300 (77) FLORIDA BIODIVERSITY FOUNDATION LICENSE PLATES.—
301 (a) The department shall develop a Florida Biodiversity
302 Foundation license plate as provided in this section. Florida
303 Biodiversity Foundation license plates must bear the colors and
304 design approved by the department. The word “Florida” must
305 appear at the top of the plate, and the words “Save Wild
306 Florida” must appear at the bottom of the plate.
307 (b) The annual use fees shall be distributed to the Florida
308 Biodiversity Foundation, Inc., which shall retain 50 percent of
309 the proceeds until the startup costs to develop and establish
310 the plates have been recovered. Thereafter, the proceeds shall
311 be used as follows:
312 1. A maximum of 25 percent of the proceeds may be used to
313 fund the administrative, promotion, and marketing costs of the
314 license plate program and the foundation.
315 2. The remaining fees shall be used by the foundation to
316 fund research, education, and scientific study of the diversity
317 of animals and plants and to aid in the preservation, study,
318 conservation, and recovery of imperiled organisms.
319 (78) PRESERVING THE PAST LICENSE PLATES.—
320 (a) The department shall develop a Preserving the Past
321 license plate as provided in this section. The plate must bear
322 the colors and design approved by the department. The word
323 “Florida” must appear at the top of the plate, and the words
324 “Preserving the Past” must appear at the bottom of the plate.
325 (b) The annual use fees shall be distributed to the Toomey
326 Foundation for the Natural Sciences, Inc., which shall retain 50
327 percent of the proceeds until the startup costs to develop and
328 establish the plates have been recovered. Thereafter, the
329 proceeds shall be used as follows:
330 1. A maximum of 25 percent of the proceeds may be used to
331 fund the administrative, promotion, and marketing costs of the
332 license plate program and the foundation.
333 2. The remaining fees shall be used by the foundation to
334 acquire, manage, and preserve properties that are of scientific
335 importance to paleontologists, archeologists, or geologists for
336 the purposes of research and education, and to promote and
337 protect the unique natural sciences of this state.
338 (79) HISPANICS SETTLED FLORIDA IN 1565 LICENSE PLATES.—
339 (a) The department shall develop a Hispanics Settled
340 Florida in 1565 license plate as provided in this section.
341 (b) Hispanics Settled Florida in 1565 license plates must
342 bear the colors and design approved by the department. The word
343 “Florida” must appear at the top of the plate, and the words
344 “HISPANICS SETTLED FLORIDA” must appear at the bottom of the
345 plate.
346 (c) The department shall retain all revenues from the sale
347 of such plates until all startup costs for developing and
348 issuing the plates have been recovered. Thereafter, 50 percent
349 of the annual use fees shall be distributed to National Hispanic
350 Corporate Achievers, Inc., an organization in Orlando that
351 sponsors minority job fairs. The remaining 50 percent shall be
352 distributed to Florida Hispanic Foundation. The fees shall be
353 used to support job and mentorship programs and to provide
354 scholarship grants for needy students from minority communities
355 in this state.
356 (d) By January 1, 2010, the department shall establish a
357 method to issue a Hispanics Settled Florida in 1565 license
358 plate voucher to allow for the presale of the Hispanics Settled
359 Florida in 1565 license plate. Issuance of the vouchers is
360 contingent upon payment of an application fee of $10,000 no
361 later than December 1, 2009. The processing fee as prescribed in
362 s. 320.08056, the service charge and branch charge as prescribed
363 in s. 320.04, and the annual use fee as prescribed in s.
364 320.08056 shall be charged for the voucher. All other applicable
365 fees shall be charged at the time of issuance of the license
366 plate. The approved Hispanics Settled Florida in 1565 license
367 plate organization must, within 24 months after the
368 establishment of the presale voucher, record with the department
369 a minimum of 1,000 voucher sales before manufacture of the
370 Hispanics Settled Florida in 1565 license plate can commence.
371 If, at the conclusion of the 24-month presale period, the
372 minimum sales requirements have not been met, the Hispanics
373 Settled Florida in 1565 license plate is deauthorized and the
374 department shall discontinue development of the plate and
375 discontinue issuance of the presale vouchers as prescribed in s.
376 320.08056. Upon deauthorization of the license plate, a
377 purchaser of the Hispanics Settled Florida in 1565 license plate
378 voucher may use the annual use fee collected as a credit towards
379 any other specialty license plate or apply for a refund on a
380 form prescribed by the department. This paragraph expires
381 January 1, 2012.
382
383 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
384 And the directory clause is amended as follows:
385 Delete lines 5 - 7
386 and insert:
387 Section 1. Paragraph (cc) of subsection (4) of section
388 320.08056, Florida Statutes, is amended, and paragraphs (qqq)
389 through (aaaa) are added to that section to read:
390
391 ================= T I T L E A M E N D M E N T ================
392 And the title is amended as follows:
393 Delete line 377
394 and insert:
395 plate; a Preserving the Past license plate; and a
396 Hispanics Settled Florida in 1565 license plate;
397 providing for