Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 239, 2nd Eng.
       
       
       
       
       
       
                                Barcode 308182                          
       
                              LEGISLATIVE ACTION                        
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       Senator Aronberg moved the following:
       
    1         Senate Substitute for Amendment (943360) to Amendment (with
    2  directory 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  
  384  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  385         And the directory clause is amended as follows:
  386         Delete lines 5 - 7
  387  and insert:
  388         Section 1. Paragraph (cc) of subsection (4) of section
  389  320.08056, Florida Statutes, is amended, and paragraphs (qqq)
  390  through (aaaa) are added to that section to read:
  391  
  392  
  393  ================= T I T L E  A M E N D M E N T ================
  394         And the title is amended as follows:
  395         Delete line 377
  396  and insert:
  397         plate; a Preserving the Past license plate; and a
  398         Hispanics Settled Florida in 1565 license plate;
  399         providing