Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 239, 2nd Eng.
       
       
       
       
       
       
                                Barcode 825364                          
       
                              LEGISLATIVE ACTION                        
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       Senator King 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, and subsections (69), (70),
    9  (71), (72), (73), (74), (75), (76), and (77), are added to that
   10  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.
   18         (32) UNITED WE STAND LICENSE PLATES.—
   19         (b) The department shall retain all revenues from the sale
   20  of such plates until all startup costs for developing and
   21  issuing the plates have been recovered. Thereafter,
   22  notwithstanding the provisions of s. 332.14, 100 percent of the
   23  annual use fee shall be distributed to the Department of
   24  Transportation SAFE Council for the development and
   25  implementation of programs to fund a grant program to enhance
   26  security at airports throughout the state, pursuant to s.
   27  332.14. Up to 10 percent of the annual use fee revenue may be
   28  used for administration, promotion, and marketing of the plate,
   29  including the annual audit and compliance affidavit costs.
   30         (69) FLORIDA HORSE PARK LICENSE PLATES.—
   31         (a) The department shall develop a Florida Horse Park
   32  license plate as provided in this section. The plate must bear
   33  the colors and design approved by the department. The word
   34  “Florida” must appear at the top of the plate and the words
   35  “Discover Florida’s Horses” must appear at the bottom of the
   36  plate.
   37         (b) The annual use fees shall be distributed to the Florida
   38  Agriculture Center and Horse Park Authority created by s.
   39  570.952, which shall retain all proceeds until the startup costs
   40  to develop and establish the plates have been recovered.
   41  Thereafter, the proceeds shall be used as follows:
   42         1. A maximum of 10 percent of the proceeds may be used to
   43  administer the license plate program.
   44         2. A maximum of 15 percent of the proceeds may be used to
   45  promote and market the license plates.
   46         3. The remaining fees shall be used by the authority to
   47  promote the Florida Agriculture Center and Horse Park located in
   48  Marion County; to support continued development of the park,
   49  including the construction of additional educational facilities,
   50  barns, and other structures; to provide improvements to the
   51  existing infrastructure at the park; and to provide for
   52  operational expenses of the park.
   53         (70) LET’S GO SURFING LICENSE PLATES.—
   54         (a) This subsection may be cited as the “Erik Jersted
   55  Memorial Act.”
   56         (b) The department shall develop a Let’s Go Surfing license
   57  plate as provided in this section. Let’s Go Surfing license
   58  plates must bear the colors and design approved by the
   59  department. The word “Florida” must appear at the top of the
   60  plate, and the words “Let’s Go Surfing” must appear at the
   61  bottom of the plate.
   62         (c) The license plate annual use fees shall be distributed
   63  to East Coast Surfing Hall of Fame and Museum, Inc., to fund
   64  activities, programs, and projects to promote Florida’s surfing
   65  related tourism, preserve Florida’s surfing history and
   66  heritage, preserve Florida’s surf and shores, and honor
   67  lifeguards who patrol Florida’s surf and shores to protect
   68  beach-goers, surfers, and others. East Coast Surfing Hall of
   69  Fame and Museum, Inc., may retain all revenue from the annual
   70  use fees until all startup costs for developing and establishing
   71  the plate have been recovered. Thereafter, up to 25 percent of
   72  the annual use fee revenue may be used for administration,
   73  promotion, and marketing of the plate, including costs of the
   74  annual audit and compliance affidavit.
   75         (71) FRATERNAL ORDER OF POLICE LICENSE PLATES.—
   76         (a)1. The department shall develop a Fraternal Order of
   77  Police license plate as provided in this section. The plate must
   78  bear the colors and design approved by the department. The word
   79  “Florida” must appear at the top of the plate and the words
   80  “Fraternal Order of Police” must appear at the bottom of the
   81  plate.
   82         2. The department may issue the plate only to an applicant
   83  who submits a notarized letter from the Florida State Lodge of
   84  the Fraternal Order of Police stating that the applicant is a
   85  member of the lodge in good standing or a member of a lodge
   86  member’s family, together with other fees and documents required
   87  for a specialty plate.
   88         (b) The annual use fees shall be distributed to the Florida
   89  State Lodge of the Fraternal Order of Police, which shall retain
   90  all proceeds until the startup costs to develop and establish
   91  the plate have been recovered. Thereafter, the proceeds shall be
   92  distributed to the Florida State Lodge Memorial Foundation of
   93  the Fraternal Order of Police and used as follows:
   94         1. A maximum of 25 percent of the proceeds may be used to
   95  promote and market the plate, to administer the license plate
   96  program, and to pay administrative costs directly associated
   97  with the state Fraternal Order of Police Law Enforcement
   98  Memorial.
   99         2. The remaining fees shall be used by the foundation to
  100  fund projects, programs, or events related to the memorial or to
  101  fund improvements, maintenance, or other support for the
  102  memorial.
  103         (72) AUTISM LICENSE PLATES.—
  104         (a) The department shall develop an Autism license plate as
  105  provided in this section. Autism license plates must bear the
  106  colors and design approved by the department. The word “Florida”
  107  must appear at the top of the plate, and the words “Support
  108  Autism Programs” must appear at the bottom of the plate.
  109         (b) The proceeds from the license plate annual use fee
  110  shall be distributed to Achievement and Rehabilitation Centers,
  111  Inc., to fund service programs for autism and related
  112  disabilities throughout the state and to operate and establish
  113  programs to support individuals with autism and related
  114  disabilities through direct services, evaluation, training, and
  115  awareness. Achievement and Rehabilitation Centers, Inc., shall
  116  establish an Autism Services Grant Council whose membership
  117  shall be drawn from among stakeholders throughout the state who
  118  represent the interests of individuals with autism and related
  119  disabilities. The grant council shall provide grants from
  120  available Autism license plate proceeds to nonprofit
  121  organizations throughout the state to establish or operate
  122  direct services and programs for individuals with autism and
  123  related disabilities and their families or to market the Autism
  124  license plate. Consideration for participation in such services
  125  and programs shall be given to applicants who are children or
  126  adults with autism and related disabilities and their families
  127  and shall include those who are on the Agency for Persons with
  128  Disabilities waiting lists for services. Achievement and
  129  Rehabilitation Centers, Inc., shall also establish an Autism
  130  License Plate Fund. Moneys in the fund shall be used by the
  131  grant council as provided in this paragraph. All funds received
  132  under this subsection must be used in this state.
  133         (c) Achievement and Rehabilitation Centers, Inc., may
  134  retain all proceeds from the annual use fee up to $85,000 until
  135  all documented startup costs for developing and establishing the
  136  plate have been recovered. Thereafter, the proceeds from the
  137  annual use fee shall be used as follows:
  138         1. Achievement and Rehabilitation Centers, Inc., may use up
  139  to 10 percent of the proceeds from the annual use fee for all
  140  administrative costs associated with the operation of the Autism
  141  Services Grant Council, the Autism License Plate Fund, and the
  142  programs established and operated as provided in subparagraph
  143  2., including the costs of an annual audit or compliance
  144  affidavit.
  145         2. Achievement and Rehabilitation Centers, Inc., may use up
  146  to 25 percent of the proceeds from the annual use fee to
  147  establish and operate programs statewide to support individuals
  148  with autism and related disabilities and their families through
  149  direct services, evaluation, and training.
  150         3. Achievement and Rehabilitation Centers, Inc., shall
  151  disburse 15 percent of the proceeds from the annual use fee to
  152  the Center for Autism and Related Disabilities at the University
  153  of Miami for distribution to the seven regional autism centers
  154  created under s. 1004.55. To the extent possible, the director
  155  of the Center for Autism and Related Disabilities at the
  156  University of Miami shall distribute funds proportionately among
  157  the regional centers. The regional centers shall use the funds
  158  to support the services they provide.
  159         4. Achievement and Rehabilitation Centers, Inc., shall
  160  disburse 50 percent of the proceeds from the annual use fee to
  161  the Autism Services Grant Council, which shall provide grants to
  162  nonprofit organizations throughout the state to establish or
  163  operate direct services and programs for individuals with autism
  164  and related disabilities and their families or to market the
  165  Autism license plate.
  166  
  167  All grant recipients, the Achievement and Rehabilitation
  168  Centers, Inc., and the Center for Autism and Related
  169  Disabilities at the University of Miami shall provide to the
  170  Autism Services Grant Council an annual program and financial
  171  report regarding the use of the proceeds from the annual use
  172  fee. The report shall be made available to the public.
  173         (73) GO GREEN FLORIDA LICENSE PLATES.—
  174         (a) The department shall develop a Go Green Florida license
  175  plate as provided in this section. The plate must bear the
  176  colors and design approved by the department. The word “Florida”
  177  must appear at the top of the plate, and the words “Go Green
  178  Florida” must appear at the bottom of the plate. The Go Green
  179  Florida emblem or logo must appear on the plate.
  180         (b) The requirements of s. 320.08053 must be met before the
  181  issuance of the plate.
  182         (c) The proceeds from the sale of the plate shall be
  183  distributed to the Coalition for Renewable Energy Solutions,
  184  Inc. After reimbursement for documented costs expended to
  185  establish the plates and for annual auditing costs, the
  186  coalition shall use the proceeds of the annual use fees in the
  187  following manner:
  188         1. A maximum of 5 percent shall be used for administrative
  189  costs directly associated with the management and distribution
  190  of the proceeds.
  191         2. A maximum of 25 percent shall be used for the continuing
  192  statewide promotion and marketing of the plate.
  193         3. Seventy percent shall be used to fund the Renewable
  194  Energy and Energy Efficient Technology Grants program pursuant
  195  to s. 377.804, the Solar Energy System Incentives program
  196  pursuant to s. 377.806, under the Florida Energy and Climate
  197  Commission, or other educational programs dedicated to providing
  198  effective alternative energy practices.
  199         (d) The coalition shall comply with the financial audit
  200  requirements of s. 320.08062.
  201         (e) The Go Green Florida emblem or logo may be used as a
  202  decal by the department in recognition of energy-efficient
  203  vehicle usage and practices. However, the display of the decal
  204  is not a substitute for a license plate.
  205         (74) CATCH ME, RELEASE ME LICENSE PLATES.—
  206         (a) The department shall develop a Catch Me, Release Me
  207  license plate as provided in this section. The plates must bear
  208  the colors and design approved by the department. The word
  209  “Florida” must appear at the top of the plate, and the words
  210  “Catch Me, Release Me” must appear at the bottom of the plate.
  211         (b) The annual use fees shall be distributed to the Guy
  212  Harvey Ocean Foundation, Inc., which shall administer the fees
  213  as follows:
  214         1. The foundation shall retain the first $60,000 of the
  215  annual use fees as direct reimbursement for administrative
  216  costs, startup costs, and costs incurred in the development and
  217  approval of the plates. Thereafter, up to 15 percent of the
  218  annual use fees may be used for administrative costs directly
  219  associated with the operation of the foundation and up to 10
  220  percent may be used for promotion and marketing of the plate.
  221         2. Any remaining funds shall be used by the foundation to
  222  fund scientific research related to marine issues, including
  223  research of free-ranging pelagic marine species that inhabit,
  224  use, or migrate through the waters of this state, and to fund
  225  conservation initiatives and education and public outreach
  226  programs for school-aged children.
  227         (75) ENDLESS SUMMER LICENSE PLATES.—
  228         (a) The department shall develop an Endless Summer license
  229  plate as provided in this section. Endless Summer license plates
  230  must bear the colors and design approved by the department. The
  231  word “Florida” must appear at the top of the plate, and the
  232  words “Endless Summer” must appear at the bottom of the plate.
  233         (b) The license plate annual use fees shall be distributed
  234  to Surfing’s Evolution & Preservation Corporation to fund its
  235  activities, programs, and projects aimed at preserving the sport
  236  of surfing. Surfing’s Evolution & Preservation Corporation may
  237  retain all revenue from the annual use fees until all startup
  238  costs for developing and establishing the plate have been
  239  recovered. Thereafter, up to 25 percent of the annual use fee
  240  revenue may be used for promotion and marketing of the specialty
  241  license plate and administrative costs directly associated with
  242  the corporation’s programs and the specialty license plate.
  243  Surfing’s Evolution & Preservation Corporation shall use the
  244  remaining funds as follows:
  245         1. To fund the proposed Surfing’s Evolution & Preservation
  246  Experience project.
  247         2. To provide funds for the provision of lifeguards or the
  248  building of artificial reefs.
  249         3. To provide funds to organizations that house the history
  250  and artifacts of surfing or promote the sport through exhibits,
  251  lectures, and events.
  252         4. To support programs and events of other organizations
  253  that support beaches and oceans and promote education on beach
  254  safety, coastal pollution, and beach ecology.
  255         (76) ST. JOHNS RIVER LICENSE PLATES.—
  256         (a) The department shall develop a St. Johns River license
  257  plate as provided in this section. The St. Johns River license
  258  plates must bear the colors and design approved by the
  259  department. The word “Florida” must appear at the top of the
  260  plate, and the words “St. Johns River” must appear at the bottom
  261  of the plate.
  262         (b) The requirements of s. 320.08053 must be met prior to
  263  the issuance of the plate. Thereafter, the license plate annual
  264  use fees shall be distributed to the St. Johns River Alliance,
  265  Inc., a 501(c)(3) nonprofit organization, which shall administer
  266  the fees as follows:
  267         1. The St. Johns River Alliance, Inc., shall retain the
  268  first $60,000 of the annual use fees as direct reimbursement for
  269  administrative costs, startup costs, and costs incurred in the
  270  development and approval process. Thereafter, up to 10 percent
  271  of the annual use fee revenue may be used for administrative
  272  costs directly associated with education programs, conservation,
  273  research, and grant administration of the organization and up to
  274  10 percent may be used for promotion and marketing of the
  275  specialty license plate.
  276         2. At least 30 percent of the fees shall be available for
  277  competitive grants for targeted community-based or county-based
  278  research or projects for which state funding is limited or not
  279  currently available. The remaining 50 percent shall be directed
  280  toward community outreach and access programs. The competitive
  281  grants shall be administered and approved by the board of
  282  directors of the St. Johns River Alliance, Inc. A grant advisory
  283  committee shall be composed of six members chosen by the St.
  284  Johns River Alliance board members.
  285         3. Any remaining funds shall be distributed with the
  286  approval of and accountability to the board of directors of the
  287  St. Johns River Alliance, Inc., and shall be used to support
  288  activities contributing to education, outreach, and springs
  289  conservation.
  290         (77) FLORIDA BIODIVERSITY FOUNDATION LICENSE PLATES.—
  291         (a) The department shall develop a Florida Biodiversity
  292  Foundation license plate as provided in this section. Florida
  293  Biodiversity Foundation license plates must bear the colors and
  294  design approved by the department. The word “Florida” must
  295  appear at the top of the plate, and the words “Save Wild
  296  Florida” must appear at the bottom of the plate.
  297         (b) The annual use fees shall be distributed to the Florida
  298  Biodiversity Foundation, Inc., which shall retain 50 percent of
  299  the proceeds until the startup costs to develop and establish
  300  the plates have been recovered. Thereafter, the proceeds shall
  301  be used as follows:
  302         1. A maximum of 25 percent of the proceeds may be used to
  303  fund the administrative, promotion, and marketing costs of the
  304  license plate program and the foundation.
  305         2.The remaining fees shall be used by the foundation to
  306  fund research, education, and scientific study of the diversity
  307  of animals and plants and to aid in the preservation, study,
  308  conservation, and recovery of imperiled organisms.
  309  
  310  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  311         And the directory clause is amended as follows:
  312         Delete lines 5 - 7
  313  and insert:
  314         Section 1. Paragraph (cc) of subsection (4) of section
  315  320.08056, Florida Statutes, is amended, and paragraphs (qqq)
  316  through (yyy) are added to that section to read:
  317  
  318  ================= T I T L E  A M E N D M E N T ================
  319         And the title is amended as follows:
  320         Delete lines 371 - 377
  321  and insert:
  322         sale of the United We Stand license plate; creating a
  323         Florida Horse Park license plate; a Let’s Go Surfing
  324         license plate; a Fraternal Order of Police license
  325         plate; an Autism license plate; a Go Green Florida
  326         license plate; a Catch Me, Release Me license plate;
  327         an Endless Summer license plate; a St. Johns River
  328         license plate; and a Florida Biodiversity Foundation
  329         license plate; providing for