Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 239, 2nd Eng.
       
       
       
       
       
       
                                Barcode 752298                          
       
                              LEGISLATIVE ACTION                        
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       Senator Aronberg moved the following:
       
    1         Senate Substitute for Amendment (827232) (with directory
    2  and title amendments)
    3  
    4         Delete lines 21 - 343
    5  and insert:
    6         Section 2. Paragraph (c) is added to subsection (29) of
    7  section 320.08058, Florida Statutes, paragraph (b) of subsection
    8  (32) of that section is amended, subsection (35) of that section
    9  is amended, and subsections (69), (70), (71), (72), (73), (74),
   10  (75), (76), and (77), are added to that section, to read:
   11         320.08058 Specialty license plates.—
   12         (29) CHOOSE LIFE LICENSE PLATES.—
   13         (c)Choose Life license plate funds generated in counties
   14  that do not have a qualified service provider or have not
   15  submitted an attestation within the last 12 months shall be
   16  redistributed by the department, in an equitable manner, to
   17  counties having a qualified service provider. As used in this
   18  subsection, the term “qualified service provider” means an
   19  entity that provides medically accurate information and
   20  materials with reference sources for statements of a medical
   21  nature. Sources may include entities such as the Centers for
   22  Disease Control and Prevention, the American College of
   23  Obstetricians and Gynecologists, and peer-reviewed health
   24  science journals such as the Journal of the American Medical
   25  Association.
   26         (32) UNITED WE STAND LICENSE PLATES.—
   27         (b) The department shall retain all revenues from the sale
   28  of such plates until all startup costs for developing and
   29  issuing the plates have been recovered. Thereafter,
   30  notwithstanding the provisions of s. 332.14, 100 percent of the
   31  annual use fee shall be distributed to the Department of
   32  Transportation SAFE Council for the development and
   33  implementation of programs to fund a grant program to enhance
   34  security at airports throughout the state, pursuant to s.
   35  332.14. Up to 10 percent of the annual use fee revenue may be
   36  used for administration, promotion, and marketing of the plate,
   37  including the annual audit and compliance affidavit costs.
   38         (35) FLORIDA GOLF LICENSE PLATES.—
   39         (a) The Department of Highway Safety and Motor Vehicles
   40  shall develop a Florida Golf license plate as provided in this
   41  section. The word “Florida” must appear at the bottom of the
   42  plate. The Dade Amateur Golf Association, following consultation
   43  with the PGA TOUR, the Florida Sports Foundation, the LPGA, and
   44  the PGA of America may submit a revised sample plate for
   45  consideration by the department.
   46         (b) The department shall distribute the Florida Golf
   47  license plate annual use fee to the Dade Amateur Golf
   48  Association, a s. 501(c)(3) organization Florida Sports
   49  Foundation, a direct-support organization of the Office of
   50  Tourism, Trade, and Economic Development. The license plate
   51  annual use fees are to be annually allocated as follows:
   52         1. Up to 10 5 percent of the proceeds from the annual use
   53  fees may be used by the Dade Amateur Golf Association Florida
   54  Sports Foundation for the administration of the Florida Junior
   55  Youth Golf Program.
   56         2. The Dade Amateur Golf Association shall receive the
   57  first $80,000 in proceeds from the annual use fees for the
   58  operation of youth golf programs in Miami-Dade County.
   59  Thereafter, 15 percent of the proceeds from the annual use fees
   60  shall be provided to the Dade Amateur Golf Association for the
   61  operation of youth golf programs in Miami-Dade County.
   62         3. The remaining proceeds from the annual use fees shall be
   63  available for grants to nonprofit organizations to operate youth
   64  golf programs and for marketing the Florida Golf license plates.
   65  All grant recipients, including the Dade Amateur Golf
   66  Association, shall be required to provide to the Dade Amateur
   67  Golf Association Florida Sports Foundation an annual program and
   68  financial report regarding the use of grant funds. Such reports
   69  shall be made available to the public.
   70         (c) The Dade Amateur Golf Association shall Florida Sports
   71  Foundation may establish a Florida Junior Golf Council Youth
   72  Golf Program. The Florida Junior Golf Council Youth Golf Program
   73  shall assist organizations for the benefit of youth, introduce
   74  young people to golf, instruct young people in golf, teach the
   75  values of golf, and stress life skills, fair play, courtesy, and
   76  self-discipline.
   77         (d) The Dade Amateur Golf Association Florida Sports
   78  Foundation shall establish a seven-member Florida Junior Golf
   79  Council committee to offer advice regarding the distribution of
   80  the annual use fees for grants to nonprofit organizations. The
   81  council advisory committee shall consist of one member from a
   82  group serving youth, one member from a group serving disabled
   83  youth, and five members at large.
   84         (69) FLORIDA HORSE PARK LICENSE PLATES.—
   85         (a) The department shall develop a Florida Horse Park
   86  license plate as provided in this section. The plate must bear
   87  the colors and design approved by the department. The word
   88  “Florida” must appear at the top of the plate and the words
   89  “Discover Florida’s Horses” must appear at the bottom of the
   90  plate.
   91         (b) The annual use fees shall be distributed to the Florida
   92  Agriculture Center and Horse Park Authority created by s.
   93  570.952, which shall retain all proceeds until the startup costs
   94  to develop and establish the plates have been recovered.
   95  Thereafter, the proceeds shall be used as follows:
   96         1. A maximum of 10 percent of the proceeds may be used to
   97  administer the license plate program.
   98         2. A maximum of 15 percent of the proceeds may be used to
   99  promote and market the license plates.
  100         3. The remaining fees shall be used by the authority to
  101  promote the Florida Agriculture Center and Horse Park located in
  102  Marion County; to support continued development of the park,
  103  including the construction of additional educational facilities,
  104  barns, and other structures; to provide improvements to the
  105  existing infrastructure at the park; and to provide for
  106  operational expenses of the park.
  107         (70) LET’S GO SURFING LICENSE PLATES.—
  108         (a) This subsection may be cited as the “Erik Jersted
  109  Memorial Act.”
  110         (b) The department shall develop a Let’s Go Surfing license
  111  plate as provided in this section. Let’s Go Surfing license
  112  plates must bear the colors and design approved by the
  113  department. The word “Florida” must appear at the top of the
  114  plate, and the words “Let’s Go Surfing” must appear at the
  115  bottom of the plate.
  116         (c) The license plate annual use fees shall be distributed
  117  to East Coast Surfing Hall of Fame and Museum, Inc., to fund
  118  activities, programs, and projects to promote Florida’s surfing
  119  related tourism, preserve Florida’s surfing history and
  120  heritage, preserve Florida’s surf and shores, and honor
  121  lifeguards who patrol Florida’s surf and shores to protect
  122  beach-goers, surfers, and others. East Coast Surfing Hall of
  123  Fame and Museum, Inc., may retain all revenue from the annual
  124  use fees until all startup costs for developing and establishing
  125  the plate have been recovered. Thereafter, up to 25 percent of
  126  the annual use fee revenue may be used for administration,
  127  promotion, and marketing of the plate, including costs of the
  128  annual audit and compliance affidavit.
  129         (71) FRATERNAL ORDER OF POLICE LICENSE PLATES.—
  130         (a)1. The department shall develop a Fraternal Order of
  131  Police license plate as provided in this section. The plate must
  132  bear the colors and design approved by the department. The word
  133  “Florida” must appear at the top of the plate and the words
  134  “Fraternal Order of Police” must appear at the bottom of the
  135  plate.
  136         2. The department may issue the plate only to an applicant
  137  who submits a notarized letter from the Florida State Lodge of
  138  the Fraternal Order of Police stating that the applicant is a
  139  member of the lodge in good standing or a member of a lodge
  140  member’s family, together with other fees and documents required
  141  for a specialty plate.
  142         (b) The annual use fees shall be distributed to the Florida
  143  State Lodge of the Fraternal Order of Police, which shall retain
  144  all proceeds until the startup costs to develop and establish
  145  the plate have been recovered. Thereafter, the proceeds shall be
  146  distributed to the Florida State Lodge Memorial Foundation of
  147  the Fraternal Order of Police and used as follows:
  148         1. A maximum of 25 percent of the proceeds may be used to
  149  promote and market the plate, to administer the license plate
  150  program, and to pay administrative costs directly associated
  151  with the state Fraternal Order of Police Law Enforcement
  152  Memorial.
  153         2. The remaining fees shall be used by the foundation to
  154  fund projects, programs, or events related to the memorial or to
  155  fund improvements, maintenance, or other support for the
  156  memorial.
  157         (72) AUTISM LICENSE PLATES.—
  158         (a) The department shall develop an Autism license plate as
  159  provided in this section. Autism license plates must bear the
  160  colors and design approved by the department. The word “Florida”
  161  must appear at the top of the plate, and the words “Support
  162  Autism Programs” must appear at the bottom of the plate.
  163         (b) The proceeds from the license plate annual use fee
  164  shall be distributed to Achievement and Rehabilitation Centers,
  165  Inc., to fund service programs for autism and related
  166  disabilities throughout the state and to operate and establish
  167  programs to support individuals with autism and related
  168  disabilities through direct services, evaluation, training, and
  169  awareness. Achievement and Rehabilitation Centers, Inc., shall
  170  establish an Autism Services Grant Council whose membership
  171  shall be drawn from among stakeholders throughout the state who
  172  represent the interests of individuals with autism and related
  173  disabilities. The grant council shall provide grants from
  174  available Autism license plate proceeds to nonprofit
  175  organizations throughout the state to establish or operate
  176  direct services and programs for individuals with autism and
  177  related disabilities and their families or to market the Autism
  178  license plate. Consideration for participation in such services
  179  and programs shall be given to applicants who are children or
  180  adults with autism and related disabilities and their families
  181  and shall include those who are on the Agency for Persons with
  182  Disabilities waiting lists for services. Achievement and
  183  Rehabilitation Centers, Inc., shall also establish an Autism
  184  License Plate Fund. Moneys in the fund shall be used by the
  185  grant council as provided in this paragraph. All funds received
  186  under this subsection must be used in this state.
  187         (c) Achievement and Rehabilitation Centers, Inc., may
  188  retain all proceeds from the annual use fee up to $85,000 until
  189  all documented startup costs for developing and establishing the
  190  plate have been recovered. Thereafter, the proceeds from the
  191  annual use fee shall be used as follows:
  192         1. Achievement and Rehabilitation Centers, Inc., may use up
  193  to 10 percent of the proceeds from the annual use fee for all
  194  administrative costs associated with the operation of the Autism
  195  Services Grant Council, the Autism License Plate Fund, and the
  196  programs established and operated as provided in subparagraph
  197  2., including the costs of an annual audit or compliance
  198  affidavit.
  199         2. Achievement and Rehabilitation Centers, Inc., may use up
  200  to 25 percent of the proceeds from the annual use fee to
  201  establish and operate programs statewide to support individuals
  202  with autism and related disabilities and their families through
  203  direct services, evaluation, and training.
  204         3. Achievement and Rehabilitation Centers, Inc., shall
  205  disburse 15 percent of the proceeds from the annual use fee to
  206  the Center for Autism and Related Disabilities at the University
  207  of Miami for distribution to the seven regional autism centers
  208  created under s. 1004.55. To the extent possible, the director
  209  of the Center for Autism and Related Disabilities at the
  210  University of Miami shall distribute funds proportionately among
  211  the regional centers. The regional centers shall use the funds
  212  to support the services they provide.
  213         4. Achievement and Rehabilitation Centers, Inc., shall
  214  disburse 50 percent of the proceeds from the annual use fee to
  215  the Autism Services Grant Council, which shall provide grants to
  216  nonprofit organizations throughout the state to establish or
  217  operate direct services and programs for individuals with autism
  218  and related disabilities and their families or to market the
  219  Autism license plate.
  220  
  221  All grant recipients, the Achievement and Rehabilitation
  222  Centers, Inc., and the Center for Autism and Related
  223  Disabilities at the University of Miami shall provide to the
  224  Autism Services Grant Council an annual program and financial
  225  report regarding the use of the proceeds from the annual use
  226  fee. The report shall be made available to the public.
  227         (73) GO GREEN FLORIDA LICENSE PLATES.—
  228         (a) The department shall develop a Go Green Florida license
  229  plate as provided in this section. The plate must bear the
  230  colors and design approved by the department. The word “Florida”
  231  must appear at the top of the plate, and the words “Go Green
  232  Florida” must appear at the bottom of the plate. The Go Green
  233  Florida emblem or logo must appear on the plate.
  234         (b) The requirements of s. 320.08053 must be met before the
  235  issuance of the plate.
  236         (c) The proceeds from the sale of the plate shall be
  237  distributed to the Coalition for Renewable Energy Solutions,
  238  Inc. After reimbursement for documented costs expended to
  239  establish the plates and for annual auditing costs, the
  240  coalition shall use the proceeds of the annual use fees in the
  241  following manner:
  242         1. A maximum of 5 percent shall be used for administrative
  243  costs directly associated with the management and distribution
  244  of the proceeds.
  245         2. A maximum of 25 percent shall be used for the continuing
  246  statewide promotion and marketing of the plate.
  247         3. Seventy percent shall be used to fund the Renewable
  248  Energy and Energy Efficient Technology Grants program pursuant
  249  to s. 377.804, the Solar Energy System Incentives program
  250  pursuant to s. 377.806, under the Florida Energy and Climate
  251  Commission, or other educational programs dedicated to providing
  252  effective alternative energy practices.
  253         (d) The coalition shall comply with the financial audit
  254  requirements of s. 320.08062.
  255         (e) The Go Green Florida emblem or logo may be used as a
  256  decal by the department in recognition of energy-efficient
  257  vehicle usage and practices. However, the display of the decal
  258  is not a substitute for a license plate.
  259         (74) CATCH ME, RELEASE ME LICENSE PLATES.—
  260         (a) The department shall develop a Catch Me, Release Me
  261  license plate as provided in this section. The plates must bear
  262  the colors and design approved by the department. The word
  263  “Florida” must appear at the top of the plate, and the words
  264  “Catch Me, Release Me” must appear at the bottom of the plate.
  265         (b) The annual use fees shall be distributed to the Guy
  266  Harvey Ocean Foundation, Inc., which shall administer the fees
  267  as follows:
  268         1. The foundation shall retain the first $60,000 of the
  269  annual use fees as direct reimbursement for administrative
  270  costs, startup costs, and costs incurred in the development and
  271  approval of the plates. Thereafter, up to 15 percent of the
  272  annual use fees may be used for administrative costs directly
  273  associated with the operation of the foundation and up to 10
  274  percent may be used for promotion and marketing of the plate.
  275         2. Any remaining funds shall be used by the foundation to
  276  fund scientific research related to marine issues, including
  277  research of free-ranging pelagic marine species that inhabit,
  278  use, or migrate through the waters of this state, and to fund
  279  conservation initiatives and education and public outreach
  280  programs for school-aged children.
  281         (75) ENDLESS SUMMER LICENSE PLATES.—
  282         (a) The department shall develop an Endless Summer license
  283  plate as provided in this section. Endless Summer license plates
  284  must bear the colors and design approved by the department. The
  285  word “Florida” must appear at the top of the plate, and the
  286  words “Endless Summer” must appear at the bottom of the plate.
  287         (b) The license plate annual use fees shall be distributed
  288  to Surfing’s Evolution & Preservation Corporation to fund its
  289  activities, programs, and projects aimed at preserving the sport
  290  of surfing. Surfing’s Evolution & Preservation Corporation may
  291  retain all revenue from the annual use fees until all startup
  292  costs for developing and establishing the plate have been
  293  recovered. Thereafter, up to 25 percent of the annual use fee
  294  revenue may be used for promotion and marketing of the specialty
  295  license plate and administrative costs directly associated with
  296  the corporation’s programs and the specialty license plate.
  297  Surfing’s Evolution & Preservation Corporation shall use the
  298  remaining funds as follows:
  299         1. To fund the proposed Surfing’s Evolution & Preservation
  300  Experience project.
  301         2. To provide funds for the provision of lifeguards or the
  302  building of artificial reefs.
  303         3. To provide funds to organizations that house the history
  304  and artifacts of surfing or promote the sport through exhibits,
  305  lectures, and events.
  306         4. To support programs and events of other organizations
  307  that support beaches and oceans and promote education on beach
  308  safety, coastal pollution, and beach ecology.
  309         (76) ST. JOHNS RIVER LICENSE PLATES.—
  310         (a) The department shall develop a St. Johns River license
  311  plate as provided in this section. The St. Johns River license
  312  plates must bear the colors and design approved by the
  313  department. The word “Florida” must appear at the top of the
  314  plate, and the words “St. Johns River” must appear at the bottom
  315  of the plate.
  316         (b) The requirements of s. 320.08053 must be met prior to
  317  the issuance of the plate. Thereafter, the license plate annual
  318  use fees shall be distributed to the St. Johns River Alliance,
  319  Inc., a 501(c)(3) nonprofit organization, which shall administer
  320  the fees as follows:
  321         1. The St. Johns River Alliance, Inc., shall retain the
  322  first $60,000 of the annual use fees as direct reimbursement for
  323  administrative costs, startup costs, and costs incurred in the
  324  development and approval process. Thereafter, up to 10 percent
  325  of the annual use fee revenue may be used for administrative
  326  costs directly associated with education programs, conservation,
  327  research, and grant administration of the organization and up to
  328  10 percent may be used for promotion and marketing of the
  329  specialty license plate.
  330         2. At least 30 percent of the fees shall be available for
  331  competitive grants for targeted community-based or county-based
  332  research or projects for which state funding is limited or not
  333  currently available. The remaining 50 percent shall be directed
  334  toward community outreach and access programs. The competitive
  335  grants shall be administered and approved by the board of
  336  directors of the St. Johns River Alliance, Inc. A grant advisory
  337  committee shall be composed of six members chosen by the St.
  338  Johns River Alliance board members.
  339         3. Any remaining funds shall be distributed with the
  340  approval of and accountability to the board of directors of the
  341  St. Johns River Alliance, Inc., and shall be used to support
  342  activities contributing to education, outreach, and springs
  343  conservation.
  344         (77) FLORIDA BIODIVERSITY FOUNDATION LICENSE PLATES.—
  345         (a) The department shall develop a Florida Biodiversity
  346  Foundation license plate as provided in this section. Florida
  347  Biodiversity Foundation license plates must bear the colors and
  348  design approved by the department. The word “Florida” must
  349  appear at the top of the plate, and the words “Save Wild
  350  Florida” must appear at the bottom of the plate.
  351         (b) The annual use fees shall be distributed to the Florida
  352  Biodiversity Foundation, Inc., which shall retain 50 percent of
  353  the proceeds until the startup costs to develop and establish
  354  the plates have been recovered. Thereafter, the proceeds shall
  355  be used as follows:
  356         1. A maximum of 25 percent of the proceeds may be used to
  357  fund the administrative, promotion, and marketing costs of the
  358  license plate program and the foundation.
  359         2.The remaining fees shall be used by the foundation to
  360  fund research, education, and scientific study of the diversity
  361  of animals and plants and to aid in the preservation, study,
  362  conservation, and recovery of imperiled organisms.
  363  
  364  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  365         And the directory clause is amended as follows:
  366         Delete lines 5 - 7
  367  and insert:
  368         Section 1. Paragraph (cc) of subsection (4) of section
  369  320.08056, Florida Statutes, is amended, and paragraphs (qqq)
  370  through (yyy) are added to that section to read:
  371  
  372  ================= T I T L E  A M E N D M E N T ================
  373         And the title is amended as follows:
  374         Delete lines 371 - 377
  375  and insert:
  376         sale of the United We Stand license plate; revising
  377         authorized uses of proceeds received from the sale of
  378         the Florida Golf license plate; creating a Florida
  379         Horse Park license plate; a Let’s Go Surfing license
  380         plate; a Fraternal Order of Police license plate; an
  381         Autism license plate; a Go Green Florida license
  382         plate; a Catch Me, Release Me license plate; an
  383         Endless Summer license plate; a St. Johns River
  384         license plate; and a Florida Biodiversity Foundation
  385         license plate; providing for