Amendment
Bill No. CS/CS/HB 239
Amendment No. 261959
CHAMBER ACTION
Senate House
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1Representative Zapata offered the following:
2
3     Amendment to Amendment (541877) (with title amendment)
4     Remove lines 22-446 and insert:
5     (zzz)  Hispanics Settled Florida in 1513 license plate,
6$25.
7     (13)  Effective July 1, 2011, in addition to the
8requirements of subsections (10) and (11) and notwithstanding
9any specific authority provided in s. 320.08058, an organization
10or entity receiving annual use fee revenue from the sale of a
11specialty license plate may use no more than a total of 10
12percent of the revenues for administrative, marketing, and
13promotion costs, including annual audit and compliance affidavit
14costs.
15     (14)  Notwithstanding any other provision of this chapter,
16no annual use fee revenue derived from the sale of a specialty
17license plate, or the interest thereon, shall be expended on
18projects or programs outside this state.
19     Section 2.  Subsection (29), paragraph (b) of subsection
20(32), and subsection (35) of section 320.08058, Florida
21Statutes, are amended, and subsections (69) through (78) are
22added to that section, to read:
23     320.08058  Specialty license plates.--
24     (29)  CHOOSE LIFE LICENSE PLATES.--
25     (a)  The department shall develop a Choose Life license
26plate as provided in this section. The word "Florida" must
27appear at the bottom of the plate, and the words "Choose Life"
28must appear at the top of the plate.
29     (b)  The annual use fees shall be distributed quarterly to
30Choose Life, Inc., a s. 501(c)(3) nonprofit corporation, with a
31list of annually to each county in the ratio that the annual use
32fees collected by each county bears to the total fees collected
33for the plates within the state.
34     (c)  Up to 10 percent of the fees may be used for
35administrative costs directly associated with the operations of
36Choose Life, Inc., and activities by Choose Life, Inc., to
37promote adoption and to market the license plate in this state.
38Choose Life, Inc., shall administer distribution of the
39remaining Each county shall distribute the funds to
40nongovernmental, not-for-profit agencies within the county,
41which agencies' services primarily consist of are limited to
42counseling and meeting the physical needs of pregnant women who
43are considering committed to placing their children for
44adoption.
45     1.  Funds may not be distributed to any agency that is
46involved or associated with abortion activities, including
47counseling for or referrals to abortion clinics, providing
48medical abortion-related procedures, or proabortion advertising,
49and funds may not be distributed to any agency that charges
50women for services received.
51     2.  Choose Life, Inc., may, from time to time, establish
52criteria pertaining to appropriate percentages of expenditures
53on items including, but not limited to, physical needs of women,
54physical needs of infants awaiting adoption, counseling,
55advertising, and training.
56     3.  Choose Life license plate funds generated in counties
57that do not have a qualified service provider shall be
58distributed by Choose Life, Inc., to qualified service providers
59in other counties.
60     4.  Funds shall not be removed from a county with active
61qualified service providers for distribution to service
62providers in other counties unless year-end unused fund balances
63exceed 20 percent of the county's annual Choose Life license
64plate revenues for 3 consecutive years. If year-end fund
65balances exceed 20 percent of a county's annual revenues for 3
66consecutive years, such balance may be distributed by Choose
67Life, Inc., to qualified service providers in other counties.
68     1.  Agencies that receive the funds must use at least 70
69percent of the funds to provide for the material needs of
70pregnant women who are committed to placing their children for
71adoption, including clothing, housing, medical care, food,
72utilities, and transportation. Such funds may also be expended
73on infants awaiting placement with adoptive parents.
74     2.  The remaining funds may be used for adoption,
75counseling, training, or advertising, but may not be used for
76administrative expenses, legal expenses, or capital
77expenditures.
78     5.3.  Each service provider agency that receives such funds
79must submit an annual attestation to Choose Life, Inc., which
80shall, upon request, make copies available to a state agency
81charged with auditing the county. Any unused funds that exceed
8210 percent of the funds received by an agency during its fiscal
83year must be returned to the county, which shall distribute them
84to other qualified agencies.
85     6.  Choose Life license plate use fees generated in this
86state may only be spent on activities within this state.
87     (d)1.  Within 90 days after the effective date of this
88paragraph, county commissions that have never distributed Choose
89Life funds shall forward such funds to Choose Life, Inc., for
90distribution.
91     2.  Within 180 days after the effective date of this
92paragraph, county commissions that have been distributing Choose
93Life funds shall forward fund balances to Choose Life, Inc., for
94distribution.
95     (32)  UNITED WE STAND LICENSE PLATES.--
96     (b)  The department shall retain all revenues from the sale
97of such plates until all startup costs for developing and
98issuing the plates have been recovered. Thereafter,
99notwithstanding s. 332.14, 100 percent of the annual use fee
100shall be distributed to the Department of Transportation SAFE
101Council for the development and implementation of programs to
102fund a grant program to enhance security at airports throughout
103the state, pursuant to s. 332.14. Up to 10 percent of the annual
104use fee revenue may be used for administration, promotion, and
105marketing of the plate, including annual audit and compliance
106affidavit costs.
107     (35)  FLORIDA GOLF LICENSE PLATES.--
108     (a)  The Department of Highway Safety and Motor Vehicles
109shall develop a Florida Golf license plate as provided in this
110section. The word "Florida" must appear at the bottom of the
111plate. The Dade Amateur Golf Association, following consultation
112with the PGA TOUR, the Florida Sports Foundation, the LPGA, and
113the PGA of America may submit a revised sample plate for
114consideration by the department.
115     (b)  The department shall distribute the Florida Golf
116license plate annual use fee to the Dade Amateur Golf
117Association, a s. 501(c)(3) organization Florida Sports
118Foundation, a direct-support organization of the Office of
119Tourism, Trade, and Economic Development. The license plate
120annual use fees are to be annually allocated as follows:
121     1.  Up to 10 5 percent of the proceeds from the annual use
122fees may be used by the Dade Amateur Golf Association Florida
123Sports Foundation for the administration of the Florida Junior
124Youth Golf Program.
125     2.  The Dade Amateur Golf Association shall receive the
126first $80,000 in proceeds from the annual use fees for the
127operation of youth golf programs in Miami-Dade County.
128Thereafter, 15 percent of the proceeds from the annual use fees
129shall be provided to the Dade Amateur Golf Association for the
130operation of youth golf programs in Miami-Dade County.
131     3.  The remaining proceeds from the annual use fees shall
132be available for grants to nonprofit organizations to operate
133youth golf programs and for marketing the Florida Golf license
134plates. All grant recipients, including the Dade Amateur Golf
135Association, shall be required to provide to the Dade Amateur
136Golf Association Florida Sports Foundation an annual program and
137financial report regarding the use of grant funds. Such reports
138shall be made available to the public.
139     (c)  The Dade Amateur Golf Association shall Florida Sports
140Foundation may establish a Florida Junior Golf Council Youth
141Golf Program. The Florida Junior Golf Council Youth Golf Program
142shall assist organizations for the benefit of youth, introduce
143young people to golf, instruct young people in golf, teach the
144values of golf, and stress life skills, fair play, courtesy, and
145self-discipline.
146     (d)  The Dade Amateur Golf Association Florida Sports
147Foundation shall establish a seven-member Florida Junior Golf
148Council committee to offer advice regarding the distribution of
149the annual use fees for grants to nonprofit organizations. The
150council advisory committee shall consist of one member from a
151group serving youth, one member from a group serving disabled
152youth, and five members at large.
153     (69)  AUTISM LICENSE PLATES.--
154     (a)  The department shall develop an Autism license plate
155as provided in this section. Autism license plates must bear the
156colors and design approved by the department. The word "Florida"
157must appear at the top of the plate, and the words "Support
158Autism Programs" must appear at the bottom of the plate.
159     (b)  The proceeds from the license plate annual use fee
160shall be distributed to Achievement and Rehabilitation Centers,
161Inc., to fund service programs for autism and related
162disabilities throughout the state and to operate and establish
163programs to support individuals with autism and related
164disabilities through direct services, evaluation, training, and
165awareness. Achievement and Rehabilitation Centers, Inc., shall
166establish an Autism Services Grant Council that shall provide
167grants from available Autism license plate proceeds to nonprofit
168organizations for direct services and programs for individuals
169with autism and related disabilities and their families.
170Consideration for participation in such services and programs
171shall be given to applicants who are children or adults with
172autism and related disabilities and their families and shall
173include those who are on the Agency for Persons with
174Disabilities waiting lists for services. Achievement and
175Rehabilitation Centers, Inc., shall also establish an Autism
176License Plate Fund. Moneys in the fund shall be used by the
177grant council as provided in this paragraph. All funds received
178under this subsection must be used in this state.
179     (c)  Achievement and Rehabilitation Centers, Inc., may
180retain all proceeds from the annual use fee up to $85,000 until
181all documented startup costs for developing and establishing the
182plate have been recovered. Thereafter, the proceeds from the
183annual use fee shall be used as follows:
184     1.  Up to 10 percent of the proceeds from the annual use
185fee may be used for the administration of the Autism License
186Plate Fund, the Autism Services Grant Council, and related
187matters.
188     2.  Funds may be used as necessary for annual audit or
189compliance affidavit costs.
190     3.  Thirty-five percent of the proceeds from the annual use
191fee shall be used to establish and operate programs to support
192individuals with autism and related disabilities and their
193families through direct services, evaluation, training, and
194awareness in the state.
195     4.  The Center for Autism and Related Disabilities at the
196University of Miami shall receive 15 percent of the proceeds
197from the annual use fee for distribution, as determined
198appropriate by the director of that center, to the seven
199regional autism centers created under s. 1004.55. The regional
200centers shall use the proceeds to support the services they
201provide.
202     5.  The remaining proceeds from the annual use fee shall be
203available to the Autism Services Grant Council for grants to
204nonprofit organizations to operate direct services programs for
205individuals with autism and related disabilities and their
206families and for marketing the Autism license plate. All grant
207recipients, including Achievement and Rehabilitation Centers,
208Inc., and the Center for Autism and Related Disabilities, shall
209be required to provide to the Autism Services Grant Council an
210annual program and financial report regarding the use of grant
211funds. Such reports shall be made available to the public.
212     (d)  Notwithstanding any provision of law to the contrary,
213the first $10,000 in proceeds generated from voluntary
214contributions to the Autism License Plate Fund authorized in ss.
215320.02 and 322.08 shall be retained by the department to offset
216the department's implementation costs.
217     (70)  LET'S GO SURFING LICENSE PLATES.--
218     (a)  The department shall develop a Let's Go Surfing
219license plate as provided in this section. Let's Go Surfing
220license plates must bear the colors and design approved by the
221department. The word "Florida" must appear at the top of the
222plate, and the words "Let's Go Surfing" must appear at the
223bottom of the plate.
224     (b)  The license plate annual use fees shall be distributed
225to East Coast Surfing Hall of Fame and Museum, Inc., to fund
226activities, programs, and projects to promote Florida's surfing-
227related tourism, preserve Florida's surfing history and
228heritage, preserve Florida's surf and shores, and honor
229lifeguards who patrol Florida's surf and shores to protect
230beachgoers, surfers, and others. East Coast Surfing Hall of Fame
231and Museum, Inc., may retain all revenue from the annual use
232fees until all startup costs for developing and establishing the
233plate have been recovered. Thereafter, up to 10 percent of the
234annual use fee revenue may be used for administration,
235promotion, and marketing of the plate, including annual audit
236and compliance affidavit costs.
237     (71)  FLORIDA HORSE PARK LICENSE PLATES.--
238     (a)  The department shall develop a Florida Horse Park
239license plate as provided in this section. Florida Horse Park
240license plates must bear the colors and design approved by the
241department. The word "Florida" must appear at the top of the
242plate, and the words "Discover Florida's Horses" must appear at
243the bottom of the plate.
244     (b)  The annual use fees shall be distributed to the
245Florida Agriculture Center and Horse Park Authority created by
246s. 570.952, which shall retain all proceeds until all startup
247costs for developing and establishing the plate have been
248recovered. Thereafter, the proceeds shall be used as follows:
249     1.  A maximum of 10 percent of the proceeds from the annual
250use fees may be used for the administration, promotion, and
251marketing of the Florida Horse Park license plate.
252     2.  The remaining proceeds shall be used by the authority
253to promote the Florida Agriculture Center and Horse Park located
254in Marion County; to support continued development of the park,
255including the construction of additional educational facilities,
256barns, and other structures; to provide improvements to the
257existing infrastructure at the park; and to provide for
258operational expenses of the Florida Agriculture Center and Horse
259Park.
260     (72)  ST. JOHNS RIVER LICENSE PLATES.--
261     (a)  The department shall develop a St. Johns River license
262plate as provided in this section. St. Johns River license
263plates must bear the colors and design approved by the
264department. The word "Florida" must appear at the top of the
265plate, and the words "St. Johns River" must appear at the bottom
266of the plate.
267     (b)  The requirements of s. 320.08053 must be met prior to
268the issuance of the plate. Thereafter, the license plate annual
269use fees shall be distributed to the St. Johns River Alliance,
270Inc., a s. 501(c)(3) nonprofit organization, which shall
271administer the fees as follows:
272     1.  The St. Johns River Alliance, Inc., shall retain the
273first $60,000 of the annual use fees as direct reimbursement for
274administrative costs, startup costs, and costs incurred in the
275development and approval process. Thereafter, up to 10 percent
276of the annual use fee revenue may be used for administrative
277costs directly associated with education programs, conservation,
278research, and grant administration of the organization and for
279promotion and marketing of the specialty license plate.
280     2.  At least 30 percent of the fees shall be available for
281competitive grants for targeted community-based or county-based
282research or projects for which state funding is limited or not
283currently available. The remaining 50 percent shall be directed
284toward community outreach and access programs. The competitive
285grants shall be administered and approved by the board of
286directors of the St. Johns River Alliance, Inc. A grant advisory
287committee shall be composed of six members chosen by the St.
288Johns River Alliance board members.
289     3.  Any remaining funds shall be distributed with the
290approval of and accountability to the board of directors of the
291St. Johns River Alliance, Inc., and shall be used to support
292activities contributing to education, outreach, and springs
293conservation.
294     (73)  ENDLESS SUMMER LICENSE PLATES.--
295     (a)  The department shall develop an Endless Summer license
296plate as provided in this section. Endless Summer license plates
297must bear the colors and design approved by the department. The
298word "Florida" must appear at the top of the plate, and the
299words "Endless Summer" must appear at the bottom of the plate.
300     (b)  The license plate annual use fees shall be distributed
301to Surfing's Evolution & Preservation Corporation to fund its
302activities, programs, and projects aimed at preserving the sport
303of surfing. Surfing's Evolution & Preservation Corporation may
304retain all revenue from the annual use fees until all startup
305costs for developing and establishing the plate have been
306recovered. Thereafter, up to 10 percent of the annual use fee
307revenue may be used for promotion and marketing of the specialty
308license plate and administrative costs directly associated with
309the corporation's programs and the specialty license plate.
310Surfing's Evolution & Preservation Corporation shall use the
311remaining funds as follows:
312     1.  To fund the proposed Surfing's Evolution & Preservation
313Experience project.
314     2.  To provide funds for the provision of lifeguards or the
315building of artificial reefs.
316     3.  To provide funds to organizations that house the
317history and artifacts of surfing or promote the sport through
318exhibits, lectures, and events.
319     4.  To support programs and events of other organizations
320that support beaches and oceans and promote education on beach
321safety, coastal pollution, and beach ecology.
322     (74)  CATCH ME, RELEASE ME LICENSE PLATES.--
323     (a)  The department shall develop a Catch Me, Release Me
324license plate as provided in this section. Catch Me, Release Me
325license plates must bear the colors and design approved by the
326department. The word "Florida" must appear at the top of the
327plate, and the words "Catch Me, Release Me" must appear at the
328bottom of the plate.
329     (b)  The license plate annual use fees shall be distributed
330to the Guy Harvey Ocean Foundation, Inc., to fund marine-related
331scientific research, including research of free-ranging pelagic
332marine species that inhabit, use, or migrate through Florida
333waters; conservation initiatives; and education and public
334outreach programs targeting school-aged children in the state.
335The Guy Harvey Ocean Foundation, Inc., may retain all revenue up
336to $60,000 from the annual use fees until all startup costs for
337developing and establishing the plate have been recovered.
338Thereafter, up to 10 percent of the annual use fee revenue may
339be used for administrative costs directly associated with the
340operations of the Guy Harvey Ocean Foundation, Inc., and up to
34110 percent may be used for promotion and marketing of the
342specialty license plate.
343     (75)  FRATERNAL ORDER OF POLICE LICENSE PLATES.--
344     (a)  The department shall develop a Fraternal Order of
345Police license plate as provided in this section. Fraternal
346Order of Police license plates must bear the colors and design
347approved by the department. The word "Florida" must appear at
348the top of the plate, and the words "Fraternal Order of Police"
349must appear at the bottom of the plate.
350     (b)  In order to purchase the Fraternal Order of Police
351license plate, a person must submit a certified letter from the
352Florida State Lodge of the Fraternal Order of Police showing
353that he or she qualifies for the use of the Fraternal Order of
354Police law enforcement emblem by being a member in good
355standing.
356     (c)  The license plate annual use fees shall be distributed
357to the Florida State Lodge Fraternal Order of Police Memorial
358Foundation to fund its activities, programs, and projects aimed
359at preserving, maintaining, and expanding the Florida Fraternal
360Order of Police Law Enforcement Memorial. The Florida State
361Lodge of the Fraternal Order of Police may retain all revenue
362from the annual use fees until all startup costs for developing
363and establishing the plate have been recovered. Thereafter, up
364to 10 percent of the annual use fee revenue may be used for
365promotion and marketing of the specialty license plate and
366administrative costs directly associated with memorial programs
367and the specialty license plate. The Florida State Lodge  
368Fraternal Order of Police Memorial Foundation shall use the
369remaining funds as follows:
370     1.  To fund the Florida State Fraternal Order of Police Law
371Enforcement Memorial projects.
372     2.  To provide funds for the expansion, maintenance, and
373support of the Florida State Lodge Fraternal Order of Police
374Memorial Foundation.
375     3.  To provide funds to organizations that help support the
376families of law enforcement officers who have died in the line
377of duty.
378     4.  To support programs and events that support the Florida
379Fraternal Order of Police Law Enforcement Memorial.
380     (76)  GO GREEN FLORIDA LICENSE PLATES.--
381     (a)  The department shall develop a Go Green Florida
382license plate as provided in this section. Go Green Florida
383license plates must bear the colors and design approved by the
384department. The word "Florida" must appear at the top of the
385plate, the words "Go Green" must appear on the bottom of the
386plate, and the "Go Green Florida" emblem or logo must appear on
387the plate.
388     (b)  The requirements of s. 320.08053 must be met prior to
389the issuance of the plate. The annual use fees shall be
390distributed to the Coalition for Renewable Energy Solutions,
391Inc. After reimbursement for documented costs expended to
392establish the plate, the proceeds of the annual use fees shall
393be used in the following manner:
394     1.  Up to 10 percent may be used by the Coalition for
395Renewable Energy Solutions, Inc., for administrative, promotion,
396and marketing costs.
397     2.  The remainder shall be used to fund the Solar Energy
398System Incentives Program pursuant to s. 377.806, as directed by
399the Florida Energy and Climate Commission. These funds may be
400remitted directly from the department to the Solar Energy System
401Incentives Program on a quarterly basis based on a calculation
402of fees collected.
403     (c)  The Coalition for Renewable Energy Solutions, Inc.,
404shall submit financial records and statements to the Office of
405the Auditor General for all expenditures related to the Go Green
406Florida program no later than 60 days after the end of each
407fiscal year.
408     (d)  The "Go Green Florida" emblem or logo may be
409authorized for use by the department in recognition of energy-
410efficient vehicle usage and practices. The display of the decal
411for energy-efficient practices may not be considered a
412substitute for a legal license tag.
413     (77)  FLORIDA BIODIVERSITY FOUNDATION LICENSE PLATES.--
414     (a)  The department shall develop a Florida Biodiversity
415Foundation license plate as provided in this section. Florida
416Biodiversity Foundation license plates must bear the colors and
417design approved by the department. The word "Florida" must
418appear at the top of the plate, and the words "Save Wild
419Florida" must appear at the bottom of the plate.
420     (b)  The annual use fees shall be distributed to the
421Florida Biodiversity Foundation, Inc., which shall retain 50
422percent of the proceeds until the startup costs to develop and
423establish the plates have been recovered. Thereafter, the
424proceeds shall be used as follows:
425     1.  A maximum of 10 percent of the proceeds may be used to
426fund the administrative, promotion, and marketing costs of the
427license plate program and the foundation.
428     2.  The remaining fees shall be used by the foundation to
429fund research, education, and scientific study of the diversity
430of animals and plants and to aid in the preservation, study,
431conservation, and recovery of imperiled organisms.
432     (78)  HISPANICS SETTLED FLORIDA IN 1513 LICENSE PLATES.--
433     (a)  The department shall develop a Hispanics Settled
434Florida in 1513 license plate as provided in this section.
435Hispanics Settled Florida in 1513 license plates must bear the
436colors and design approved by the department. The word "Florida"
437must appear at the top of the plate, and the words " HISPANICS
438SETTLED FLORIDA " must appear at the bottom of the plate.
439     (b)  Fifty percent of the annual use fees shall be
440distributed to National Hispanic Corporate Achievers, Inc., an
441organization in Orlando which sponsors minority job fairs. The
442remaining 50 percent shall be distributed to Florida Hispanic
443Foundation. The fees shall be used to support job and mentorship
444programs and to provide scholarship grants for needy students
445from minority communities in this state.
446
447
448
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449
T I T L E  A M E N D M E N T
450     Remove lines 544-545 and insert:
451license plate, a Go Green Florida license plate, a Florida
452Biodiversity Foundation license plate, and a Hispanics Settled
453Florida in 1513 license plate; providing
454


CODING: Words stricken are deletions; words underlined are additions.