Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 239, 2nd Eng.
       
       
       
       
       
       
                                Barcode 827232                          
       
                              LEGISLATIVE ACTION                        
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       Senator Ring moved the following:
       
    1         Senate Amendment to Amendment (644696) (with directory and
    2  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.
   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         (35) FLORIDA GOLF LICENSE PLATES.—
   31         (a) The Department of Highway Safety and Motor Vehicles
   32  shall develop a Florida Golf license plate as provided in this
   33  section. The word “Florida” must appear at the bottom of the
   34  plate. The Dade Amateur Golf Association, following consultation
   35  with the PGA TOUR, the Florida Sports Foundation, the LPGA, and
   36  the PGA of America may submit a revised sample plate for
   37  consideration by the department.
   38         (b) The department shall distribute the Florida Golf
   39  license plate annual use fee to the Dade Amateur Golf
   40  Association, a s. 501(c)(3) organization Florida Sports
   41  Foundation, a direct-support organization of the Office of
   42  Tourism, Trade, and Economic Development. The license plate
   43  annual use fees are to be annually allocated as follows:
   44         1. Up to 10 5 percent of the proceeds from the annual use
   45  fees may be used by the Dade Amateur Golf Association Florida
   46  Sports Foundation for the administration of the Florida Junior
   47  Youth Golf Program.
   48         2. The Dade Amateur Golf Association shall receive the
   49  first $80,000 in proceeds from the annual use fees for the
   50  operation of youth golf programs in Miami-Dade County.
   51  Thereafter, 15 percent of the proceeds from the annual use fees
   52  shall be provided to the Dade Amateur Golf Association for the
   53  operation of youth golf programs in Miami-Dade County.
   54         3. The remaining proceeds from the annual use fees shall be
   55  available for grants to nonprofit organizations to operate youth
   56  golf programs and for marketing the Florida Golf license plates.
   57  All grant recipients, including the Dade Amateur Golf
   58  Association, shall be required to provide to the Dade Amateur
   59  Golf Association Florida Sports Foundation an annual program and
   60  financial report regarding the use of grant funds. Such reports
   61  shall be made available to the public.
   62         (c) The Dade Amateur Golf Association shall Florida Sports
   63  Foundation may establish a Florida Junior Golf Council Youth
   64  Golf Program. The Florida Junior Golf Council Youth Golf Program
   65  shall assist organizations for the benefit of youth, introduce
   66  young people to golf, instruct young people in golf, teach the
   67  values of golf, and stress life skills, fair play, courtesy, and
   68  self-discipline.
   69         (d) The Dade Amateur Golf Association Florida Sports
   70  Foundation shall establish a seven-member Florida Junior Golf
   71  Council committee to offer advice regarding the distribution of
   72  the annual use fees for grants to nonprofit organizations. The
   73  council advisory committee shall consist of one member from a
   74  group serving youth, one member from a group serving disabled
   75  youth, and five members at large.
   76         (69) FLORIDA HORSE PARK LICENSE PLATES.—
   77         (a) The department shall develop a Florida Horse Park
   78  license plate as provided in this section. The plate must bear
   79  the colors and design approved by the department. The word
   80  “Florida” must appear at the top of the plate and the words
   81  “Discover Florida’s Horses” must appear at the bottom of the
   82  plate.
   83         (b) The annual use fees shall be distributed to the Florida
   84  Agriculture Center and Horse Park Authority created by s.
   85  570.952, which shall retain all proceeds until the startup costs
   86  to develop and establish the plates have been recovered.
   87  Thereafter, the proceeds shall be used as follows:
   88         1. A maximum of 10 percent of the proceeds may be used to
   89  administer the license plate program.
   90         2. A maximum of 15 percent of the proceeds may be used to
   91  promote and market the license plates.
   92         3. The remaining fees shall be used by the authority to
   93  promote the Florida Agriculture Center and Horse Park located in
   94  Marion County; to support continued development of the park,
   95  including the construction of additional educational facilities,
   96  barns, and other structures; to provide improvements to the
   97  existing infrastructure at the park; and to provide for
   98  operational expenses of the park.
   99         (70) LET’S GO SURFING LICENSE PLATES.—
  100         (a) This subsection may be cited as the “Erik Jersted
  101  Memorial Act.”
  102         (b) The department shall develop a Let’s Go Surfing license
  103  plate as provided in this section. Let’s Go Surfing license
  104  plates must bear the colors and design approved by the
  105  department. The word “Florida” must appear at the top of the
  106  plate, and the words “Let’s Go Surfing” must appear at the
  107  bottom of the plate.
  108         (c) The license plate annual use fees shall be distributed
  109  to East Coast Surfing Hall of Fame and Museum, Inc., to fund
  110  activities, programs, and projects to promote Florida’s surfing
  111  related tourism, preserve Florida’s surfing history and
  112  heritage, preserve Florida’s surf and shores, and honor
  113  lifeguards who patrol Florida’s surf and shores to protect
  114  beach-goers, surfers, and others. East Coast Surfing Hall of
  115  Fame and Museum, Inc., may retain all revenue from the annual
  116  use fees until all startup costs for developing and establishing
  117  the plate have been recovered. Thereafter, up to 25 percent of
  118  the annual use fee revenue may be used for administration,
  119  promotion, and marketing of the plate, including costs of the
  120  annual audit and compliance affidavit.
  121         (71) FRATERNAL ORDER OF POLICE LICENSE PLATES.—
  122         (a)1. The department shall develop a Fraternal Order of
  123  Police license plate as provided in this section. The plate must
  124  bear the colors and design approved by the department. The word
  125  “Florida” must appear at the top of the plate and the words
  126  “Fraternal Order of Police” must appear at the bottom of the
  127  plate.
  128         2. The department may issue the plate only to an applicant
  129  who submits a notarized letter from the Florida State Lodge of
  130  the Fraternal Order of Police stating that the applicant is a
  131  member of the lodge in good standing or a member of a lodge
  132  member’s family, together with other fees and documents required
  133  for a specialty plate.
  134         (b) The annual use fees shall be distributed to the Florida
  135  State Lodge of the Fraternal Order of Police, which shall retain
  136  all proceeds until the startup costs to develop and establish
  137  the plate have been recovered. Thereafter, the proceeds shall be
  138  distributed to the Florida State Lodge Memorial Foundation of
  139  the Fraternal Order of Police and used as follows:
  140         1. A maximum of 25 percent of the proceeds may be used to
  141  promote and market the plate, to administer the license plate
  142  program, and to pay administrative costs directly associated
  143  with the state Fraternal Order of Police Law Enforcement
  144  Memorial.
  145         2. The remaining fees shall be used by the foundation to
  146  fund projects, programs, or events related to the memorial or to
  147  fund improvements, maintenance, or other support for the
  148  memorial.
  149         (72) AUTISM LICENSE PLATES.—
  150         (a) The department shall develop an Autism license plate as
  151  provided in this section. Autism license plates must bear the
  152  colors and design approved by the department. The word “Florida”
  153  must appear at the top of the plate, and the words “Support
  154  Autism Programs” must appear at the bottom of the plate.
  155         (b) The proceeds from the license plate annual use fee
  156  shall be distributed to Achievement and Rehabilitation Centers,
  157  Inc., to fund service programs for autism and related
  158  disabilities throughout the state and to operate and establish
  159  programs to support individuals with autism and related
  160  disabilities through direct services, evaluation, training, and
  161  awareness. Achievement and Rehabilitation Centers, Inc., shall
  162  establish an Autism Services Grant Council whose membership
  163  shall be drawn from among stakeholders throughout the state who
  164  represent the interests of individuals with autism and related
  165  disabilities. The grant council shall provide grants from
  166  available Autism license plate proceeds to nonprofit
  167  organizations throughout the state to establish or operate
  168  direct services and programs for individuals with autism and
  169  related disabilities and their families or to market the Autism
  170  license plate. Consideration for participation in such services
  171  and programs shall be given to applicants who are children or
  172  adults with autism and related disabilities and their families
  173  and shall include those who are on the Agency for Persons with
  174  Disabilities waiting lists for services. Achievement and
  175  Rehabilitation Centers, Inc., shall also establish an Autism
  176  License Plate Fund. Moneys in the fund shall be used by the
  177  grant council as provided in this paragraph. All funds received
  178  under this subsection must be used in this state.
  179         (c) Achievement and Rehabilitation Centers, Inc., may
  180  retain all proceeds from the annual use fee up to $85,000 until
  181  all documented startup costs for developing and establishing the
  182  plate have been recovered. Thereafter, the proceeds from the
  183  annual use fee shall be used as follows:
  184         1. Achievement and Rehabilitation Centers, Inc., may use up
  185  to 10 percent of the proceeds from the annual use fee for all
  186  administrative costs associated with the operation of the Autism
  187  Services Grant Council, the Autism License Plate Fund, and the
  188  programs established and operated as provided in subparagraph
  189  2., including the costs of an annual audit or compliance
  190  affidavit.
  191         2. Achievement and Rehabilitation Centers, Inc., may use up
  192  to 25 percent of the proceeds from the annual use fee to
  193  establish and operate programs statewide to support individuals
  194  with autism and related disabilities and their families through
  195  direct services, evaluation, and training.
  196         3. Achievement and Rehabilitation Centers, Inc., shall
  197  disburse 15 percent of the proceeds from the annual use fee to
  198  the Center for Autism and Related Disabilities at the University
  199  of Miami for distribution to the seven regional autism centers
  200  created under s. 1004.55. To the extent possible, the director
  201  of the Center for Autism and Related Disabilities at the
  202  University of Miami shall distribute funds proportionately among
  203  the regional centers. The regional centers shall use the funds
  204  to support the services they provide.
  205         4. Achievement and Rehabilitation Centers, Inc., shall
  206  disburse 50 percent of the proceeds from the annual use fee to
  207  the Autism Services Grant Council, which shall provide grants to
  208  nonprofit organizations throughout the state to establish or
  209  operate direct services and programs for individuals with autism
  210  and related disabilities and their families or to market the
  211  Autism license plate.
  212  
  213  All grant recipients, the Achievement and Rehabilitation
  214  Centers, Inc., and the Center for Autism and Related
  215  Disabilities at the University of Miami shall provide to the
  216  Autism Services Grant Council an annual program and financial
  217  report regarding the use of the proceeds from the annual use
  218  fee. The report shall be made available to the public.
  219         (73) GO GREEN FLORIDA LICENSE PLATES.—
  220         (a) The department shall develop a Go Green Florida license
  221  plate as provided in this section. The plate must bear the
  222  colors and design approved by the department. The word “Florida”
  223  must appear at the top of the plate, and the words “Go Green
  224  Florida” must appear at the bottom of the plate. The Go Green
  225  Florida emblem or logo must appear on the plate.
  226         (b) The requirements of s. 320.08053 must be met before the
  227  issuance of the plate.
  228         (c) The proceeds from the sale of the plate shall be
  229  distributed to the Coalition for Renewable Energy Solutions,
  230  Inc. After reimbursement for documented costs expended to
  231  establish the plates and for annual auditing costs, the
  232  coalition shall use the proceeds of the annual use fees in the
  233  following manner:
  234         1. A maximum of 5 percent shall be used for administrative
  235  costs directly associated with the management and distribution
  236  of the proceeds.
  237         2. A maximum of 25 percent shall be used for the continuing
  238  statewide promotion and marketing of the plate.
  239         3. Seventy percent shall be used to fund the Renewable
  240  Energy and Energy Efficient Technology Grants program pursuant
  241  to s. 377.804, the Solar Energy System Incentives program
  242  pursuant to s. 377.806, under the Florida Energy and Climate
  243  Commission, or other educational programs dedicated to providing
  244  effective alternative energy practices.
  245         (d) The coalition shall comply with the financial audit
  246  requirements of s. 320.08062.
  247         (e) The Go Green Florida emblem or logo may be used as a
  248  decal by the department in recognition of energy-efficient
  249  vehicle usage and practices. However, the display of the decal
  250  is not a substitute for a license plate.
  251         (74) CATCH ME, RELEASE ME LICENSE PLATES.—
  252         (a) The department shall develop a Catch Me, Release Me
  253  license plate as provided in this section. The plates must bear
  254  the colors and design approved by the department. The word
  255  “Florida” must appear at the top of the plate, and the words
  256  “Catch Me, Release Me” must appear at the bottom of the plate.
  257         (b) The annual use fees shall be distributed to the Guy
  258  Harvey Ocean Foundation, Inc., which shall administer the fees
  259  as follows:
  260         1. The foundation shall retain the first $60,000 of the
  261  annual use fees as direct reimbursement for administrative
  262  costs, startup costs, and costs incurred in the development and
  263  approval of the plates. Thereafter, up to 15 percent of the
  264  annual use fees may be used for administrative costs directly
  265  associated with the operation of the foundation and up to 10
  266  percent may be used for promotion and marketing of the plate.
  267         2. Any remaining funds shall be used by the foundation to
  268  fund scientific research related to marine issues, including
  269  research of free-ranging pelagic marine species that inhabit,
  270  use, or migrate through the waters of this state, and to fund
  271  conservation initiatives and education and public outreach
  272  programs for school-aged children.
  273         (75) ENDLESS SUMMER LICENSE PLATES.—
  274         (a) The department shall develop an Endless Summer license
  275  plate as provided in this section. Endless Summer license plates
  276  must bear the colors and design approved by the department. The
  277  word “Florida” must appear at the top of the plate, and the
  278  words “Endless Summer” must appear at the bottom of the plate.
  279         (b) The license plate annual use fees shall be distributed
  280  to Surfing’s Evolution & Preservation Corporation to fund its
  281  activities, programs, and projects aimed at preserving the sport
  282  of surfing. Surfing’s Evolution & Preservation Corporation may
  283  retain all revenue from the annual use fees until all startup
  284  costs for developing and establishing the plate have been
  285  recovered. Thereafter, up to 25 percent of the annual use fee
  286  revenue may be used for promotion and marketing of the specialty
  287  license plate and administrative costs directly associated with
  288  the corporation’s programs and the specialty license plate.
  289  Surfing’s Evolution & Preservation Corporation shall use the
  290  remaining funds as follows:
  291         1. To fund the proposed Surfing’s Evolution & Preservation
  292  Experience project.
  293         2. To provide funds for the provision of lifeguards or the
  294  building of artificial reefs.
  295         3. To provide funds to organizations that house the history
  296  and artifacts of surfing or promote the sport through exhibits,
  297  lectures, and events.
  298         4. To support programs and events of other organizations
  299  that support beaches and oceans and promote education on beach
  300  safety, coastal pollution, and beach ecology.
  301         (76) ST. JOHNS RIVER LICENSE PLATES.—
  302         (a) The department shall develop a St. Johns River license
  303  plate as provided in this section. The St. Johns River license
  304  plates must bear the colors and design approved by the
  305  department. The word “Florida” must appear at the top of the
  306  plate, and the words “St. Johns River” must appear at the bottom
  307  of the plate.
  308         (b) The requirements of s. 320.08053 must be met prior to
  309  the issuance of the plate. Thereafter, the license plate annual
  310  use fees shall be distributed to the St. Johns River Alliance,
  311  Inc., a 501(c)(3) nonprofit organization, which shall administer
  312  the fees as follows:
  313         1. The St. Johns River Alliance, Inc., shall retain the
  314  first $60,000 of the annual use fees as direct reimbursement for
  315  administrative costs, startup costs, and costs incurred in the
  316  development and approval process. Thereafter, up to 10 percent
  317  of the annual use fee revenue may be used for administrative
  318  costs directly associated with education programs, conservation,
  319  research, and grant administration of the organization and up to
  320  10 percent may be used for promotion and marketing of the
  321  specialty license plate.
  322         2. At least 30 percent of the fees shall be available for
  323  competitive grants for targeted community-based or county-based
  324  research or projects for which state funding is limited or not
  325  currently available. The remaining 50 percent shall be directed
  326  toward community outreach and access programs. The competitive
  327  grants shall be administered and approved by the board of
  328  directors of the St. Johns River Alliance, Inc. A grant advisory
  329  committee shall be composed of six members chosen by the St.
  330  Johns River Alliance board members.
  331         3. Any remaining funds shall be distributed with the
  332  approval of and accountability to the board of directors of the
  333  St. Johns River Alliance, Inc., and shall be used to support
  334  activities contributing to education, outreach, and springs
  335  conservation.
  336         (77) FLORIDA BIODIVERSITY FOUNDATION LICENSE PLATES.—
  337         (a) The department shall develop a Florida Biodiversity
  338  Foundation license plate as provided in this section. Florida
  339  Biodiversity Foundation license plates must bear the colors and
  340  design approved by the department. The word “Florida” must
  341  appear at the top of the plate, and the words “Save Wild
  342  Florida” must appear at the bottom of the plate.
  343         (b) The annual use fees shall be distributed to the Florida
  344  Biodiversity Foundation, Inc., which shall retain 50 percent of
  345  the proceeds until the startup costs to develop and establish
  346  the plates have been recovered. Thereafter, the proceeds shall
  347  be used as follows:
  348         1. A maximum of 25 percent of the proceeds may be used to
  349  fund the administrative, promotion, and marketing costs of the
  350  license plate program and the foundation.
  351         2.The remaining fees shall be used by the foundation to
  352  fund research, education, and scientific study of the diversity
  353  of animals and plants and to aid in the preservation, study,
  354  conservation, and recovery of imperiled organisms.
  355  
  356  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  357         And the directory clause is amended as follows:
  358         Delete lines 5 - 7
  359  and insert:
  360         Section 1. Paragraph (cc) of subsection (4) of section
  361  320.08056, Florida Statutes, is amended, and paragraphs (qqq)
  362  through (yyy) are added to that section to read:
  363  
  364  ================= T I T L E  A M E N D M E N T ================
  365         And the title is amended as follows:
  366         Delete lines 371 - 377
  367  and insert:
  368         sale of the United We Stand license plate; revising
  369         authorized uses of proceeds received from the sale of
  370         the Florida Golf license plate; creating a Florida
  371         Horse Park license plate; a Let’s Go Surfing license
  372         plate; a Fraternal Order of Police license plate; an
  373         Autism license plate; a Go Green Florida license
  374         plate; a Catch Me, Release Me license plate; an
  375         Endless Summer license plate; a St. Johns River
  376         license plate; and a Florida Biodiversity Foundation
  377         license plate; providing for