Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 239, 2nd Eng.
       
       
       
       
       
       
                                Barcode 943360                          
       
                              LEGISLATIVE ACTION                        
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       Senator Altman moved the following:
       
    1         Senate Amendment to Amendment (644696) (with directory and
    2  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.
   20         (32) UNITED WE STAND LICENSE PLATES.—
   21         (b) The department shall retain all revenues from the sale
   22  of such plates until all startup costs for developing and
   23  issuing the plates have been recovered. Thereafter,
   24  notwithstanding the provisions of s. 332.14, 100 percent of the
   25  annual use fee shall be distributed to the Department of
   26  Transportation SAFE Council for the development and
   27  implementation of programs to fund a grant program to enhance
   28  security at airports throughout the state, pursuant to s.
   29  332.14. Up to 10 percent of the annual use fee revenue may be
   30  used for administration, promotion, and marketing of the plate,
   31  including the annual audit and compliance affidavit costs.
   32         (69) FLORIDA HORSE PARK LICENSE PLATES.—
   33         (a) The department shall develop a Florida Horse Park
   34  license plate as provided in this section. The plate must bear
   35  the colors and design approved by the department. The word
   36  “Florida” must appear at the top of the plate and the words
   37  “Discover Florida’s Horses” must appear at the bottom of the
   38  plate.
   39         (b) The annual use fees shall be distributed to the Florida
   40  Agriculture Center and Horse Park Authority created by s.
   41  570.952, which shall retain all proceeds until the startup costs
   42  to develop and establish the plates have been recovered.
   43  Thereafter, the proceeds shall be used as follows:
   44         1. A maximum of 10 percent of the proceeds may be used to
   45  administer the license plate program.
   46         2. A maximum of 15 percent of the proceeds may be used to
   47  promote and market the license plates.
   48         3. The remaining fees shall be used by the authority to
   49  promote the Florida Agriculture Center and Horse Park located in
   50  Marion County; to support continued development of the park,
   51  including the construction of additional educational facilities,
   52  barns, and other structures; to provide improvements to the
   53  existing infrastructure at the park; and to provide for
   54  operational expenses of the park.
   55         (70) LET’S GO SURFING LICENSE PLATES.—
   56         (a) This subsection may be cited as the “Erik Jersted
   57  Memorial Act.”
   58         (b) The department shall develop a Let’s Go Surfing license
   59  plate as provided in this section. Let’s Go Surfing license
   60  plates must bear the colors and design approved by the
   61  department. The word “Florida” must appear at the top of the
   62  plate, and the words “Let’s Go Surfing” must appear at the
   63  bottom of the plate.
   64         (c) The license plate annual use fees shall be distributed
   65  to East Coast Surfing Hall of Fame and Museum, Inc., to fund
   66  activities, programs, and projects to promote Florida’s surfing
   67  related tourism, preserve Florida’s surfing history and
   68  heritage, preserve Florida’s surf and shores, and honor
   69  lifeguards who patrol Florida’s surf and shores to protect
   70  beach-goers, surfers, and others. East Coast Surfing Hall of
   71  Fame and Museum, Inc., may retain all revenue from the annual
   72  use fees until all startup costs for developing and establishing
   73  the plate have been recovered. Thereafter, up to 25 percent of
   74  the annual use fee revenue may be used for administration,
   75  promotion, and marketing of the plate, including costs of the
   76  annual audit and compliance affidavit.
   77         (71) FRATERNAL ORDER OF POLICE LICENSE PLATES.—
   78         (a)1. The department shall develop a Fraternal Order of
   79  Police license plate as provided in this section. The plate must
   80  bear the colors and design approved by the department. The word
   81  “Florida” must appear at the top of the plate and the words
   82  “Fraternal Order of Police” must appear at the bottom of the
   83  plate.
   84         2. The department may issue the plate only to an applicant
   85  who submits a notarized letter from the Florida State Lodge of
   86  the Fraternal Order of Police stating that the applicant is a
   87  member of the lodge in good standing or a member of a lodge
   88  member’s family, together with other fees and documents required
   89  for a specialty plate.
   90         (b) The annual use fees shall be distributed to the Florida
   91  State Lodge of the Fraternal Order of Police, which shall retain
   92  all proceeds until the startup costs to develop and establish
   93  the plate have been recovered. Thereafter, the proceeds shall be
   94  distributed to the Florida State Lodge Memorial Foundation of
   95  the Fraternal Order of Police and used as follows:
   96         1. A maximum of 25 percent of the proceeds may be used to
   97  promote and market the plate, to administer the license plate
   98  program, and to pay administrative costs directly associated
   99  with the state Fraternal Order of Police Law Enforcement
  100  Memorial.
  101         2. The remaining fees shall be used by the foundation to
  102  fund projects, programs, or events related to the memorial or to
  103  fund improvements, maintenance, or other support for the
  104  memorial.
  105         (72) AUTISM LICENSE PLATES.—
  106         (a) The department shall develop an Autism license plate as
  107  provided in this section. Autism license plates must bear the
  108  colors and design approved by the department. The word “Florida”
  109  must appear at the top of the plate, and the words “Support
  110  Autism Programs” must appear at the bottom of the plate.
  111         (b) The proceeds from the license plate annual use fee
  112  shall be distributed to Achievement and Rehabilitation Centers,
  113  Inc., to fund service programs for autism and related
  114  disabilities throughout the state and to operate and establish
  115  programs to support individuals with autism and related
  116  disabilities through direct services, evaluation, training, and
  117  awareness. Achievement and Rehabilitation Centers, Inc., shall
  118  establish an Autism Services Grant Council whose membership
  119  shall be drawn from among stakeholders throughout the state who
  120  represent the interests of individuals with autism and related
  121  disabilities. The grant council shall provide grants from
  122  available Autism license plate proceeds to nonprofit
  123  organizations throughout the state to establish or operate
  124  direct services and programs for individuals with autism and
  125  related disabilities and their families or to market the Autism
  126  license plate. Consideration for participation in such services
  127  and programs shall be given to applicants who are children or
  128  adults with autism and related disabilities and their families
  129  and shall include those who are on the Agency for Persons with
  130  Disabilities waiting lists for services. Achievement and
  131  Rehabilitation Centers, Inc., shall also establish an Autism
  132  License Plate Fund. Moneys in the fund shall be used by the
  133  grant council as provided in this paragraph. All funds received
  134  under this subsection must be used in this state.
  135         (c) Achievement and Rehabilitation Centers, Inc., may
  136  retain all proceeds from the annual use fee up to $85,000 until
  137  all documented startup costs for developing and establishing the
  138  plate have been recovered. Thereafter, the proceeds from the
  139  annual use fee shall be used as follows:
  140         1. Achievement and Rehabilitation Centers, Inc., may use up
  141  to 10 percent of the proceeds from the annual use fee for all
  142  administrative costs associated with the operation of the Autism
  143  Services Grant Council, the Autism License Plate Fund, and the
  144  programs established and operated as provided in subparagraph
  145  2., including the costs of an annual audit or compliance
  146  affidavit.
  147         2. Achievement and Rehabilitation Centers, Inc., may use up
  148  to 25 percent of the proceeds from the annual use fee to
  149  establish and operate programs statewide to support individuals
  150  with autism and related disabilities and their families through
  151  direct services, evaluation, and training.
  152         3. Achievement and Rehabilitation Centers, Inc., shall
  153  disburse 15 percent of the proceeds from the annual use fee to
  154  the Center for Autism and Related Disabilities at the University
  155  of Miami for distribution to the seven regional autism centers
  156  created under s. 1004.55. To the extent possible, the director
  157  of the Center for Autism and Related Disabilities at the
  158  University of Miami shall distribute funds proportionately among
  159  the regional centers. The regional centers shall use the funds
  160  to support the services they provide.
  161         4. Achievement and Rehabilitation Centers, Inc., shall
  162  disburse 50 percent of the proceeds from the annual use fee to
  163  the Autism Services Grant Council, which shall provide grants to
  164  nonprofit organizations throughout the state to establish or
  165  operate direct services and programs for individuals with autism
  166  and related disabilities and their families or to market the
  167  Autism license plate.
  168  
  169         All grant recipients, the Achievement and Rehabilitation
  170  Centers, Inc., and the Center for Autism and Related
  171  Disabilities at the University of Miami shall provide to the
  172  Autism Services Grant Council an annual program and financial
  173  report regarding the use of the proceeds from the annual use
  174  fee. The report shall be made available to the public.
  175         (73) GO GREEN FLORIDA LICENSE PLATES.—
  176         (a) The department shall develop a Go Green Florida license
  177  plate as provided in this section. The plate must bear the
  178  colors and design approved by the department. The word “Florida”
  179  must appear at the top of the plate, and the words “Go Green
  180  Florida” must appear at the bottom of the plate. The Go Green
  181  Florida emblem or logo must appear on the plate.
  182         (b) The requirements of s. 320.08053 must be met before the
  183  issuance of the plate.
  184         (c) The proceeds from the sale of the plate shall be
  185  distributed to the Coalition for Renewable Energy Solutions,
  186  Inc. After reimbursement for documented costs expended to
  187  establish the plates and for annual auditing costs, the
  188  coalition shall use the proceeds of the annual use fees in the
  189  following manner:
  190         1. A maximum of 5 percent shall be used for administrative
  191  costs directly associated with the management and distribution
  192  of the proceeds.
  193         2. A maximum of 25 percent shall be used for the continuing
  194  statewide promotion and marketing of the plate.
  195         3. Seventy percent shall be used to fund the Renewable
  196  Energy and Energy Efficient Technology Grants program pursuant
  197  to s. 377.804, the Solar Energy System Incentives program
  198  pursuant to s. 377.806, under the Florida Energy and Climate
  199  Commission, or other educational programs dedicated to providing
  200  effective alternative energy practices.
  201         (d) The coalition shall comply with the financial audit
  202  requirements of s. 320.08062.
  203         (e) The Go Green Florida emblem or logo may be used as a
  204  decal by the department in recognition of energy-efficient
  205  vehicle usage and practices. However, the display of the decal
  206  is not a substitute for a license plate.
  207         (74) CATCH ME, RELEASE ME LICENSE PLATES.—
  208         (a) The department shall develop a Catch Me, Release Me
  209  license plate as provided in this section. The plates must bear
  210  the colors and design approved by the department. The word
  211  “Florida” must appear at the top of the plate, and the words
  212  “Catch Me, Release Me” must appear at the bottom of the plate.
  213         (b) The annual use fees shall be distributed to the Guy
  214  Harvey Ocean Foundation, Inc., which shall administer the fees
  215  as follows:
  216         1. The foundation shall retain the first $60,000 of the
  217  annual use fees as direct reimbursement for administrative
  218  costs, startup costs, and costs incurred in the development and
  219  approval of the plates. Thereafter, up to 15 percent of the
  220  annual use fees may be used for administrative costs directly
  221  associated with the operation of the foundation and up to 10
  222  percent may be used for promotion and marketing of the plate.
  223         2. Any remaining funds shall be used by the foundation to
  224  fund scientific research related to marine issues, including
  225  research of free-ranging pelagic marine species that inhabit,
  226  use, or migrate through the waters of this state, and to fund
  227  conservation initiatives and education and public outreach
  228  programs for school-aged children.
  229         (75) ENDLESS SUMMER LICENSE PLATES.—
  230         (a) The department shall develop an Endless Summer license
  231  plate as provided in this section. Endless Summer license plates
  232  must bear the colors and design approved by the department. The
  233  word “Florida” must appear at the top of the plate, and the
  234  words “Endless Summer” must appear at the bottom of the plate.
  235         (b) The license plate annual use fees shall be distributed
  236  to Surfing’s Evolution & Preservation Corporation to fund its
  237  activities, programs, and projects aimed at preserving the sport
  238  of surfing. Surfing’s Evolution & Preservation Corporation may
  239  retain all revenue from the annual use fees until all startup
  240  costs for developing and establishing the plate have been
  241  recovered. Thereafter, up to 25 percent of the annual use fee
  242  revenue may be used for promotion and marketing of the specialty
  243  license plate and administrative costs directly associated with
  244  the corporation’s programs and the specialty license plate.
  245  Surfing’s Evolution & Preservation Corporation shall use the
  246  remaining funds as follows:
  247         1. To fund the proposed Surfing’s Evolution & Preservation
  248  Experience project.
  249         2. To provide funds for the provision of lifeguards or the
  250  building of artificial reefs.
  251         3. To provide funds to organizations that house the history
  252  and artifacts of surfing or promote the sport through exhibits,
  253  lectures, and events.
  254         4. To support programs and events of other organizations
  255  that support beaches and oceans and promote education on beach
  256  safety, coastal pollution, and beach ecology.
  257         (76) ST. JOHNS RIVER LICENSE PLATES.—
  258         (a) The department shall develop a St. Johns River license
  259  plate as provided in this section. The St. Johns River license
  260  plates must bear the colors and design approved by the
  261  department. The word “Florida” must appear at the top of the
  262  plate, and the words “St. Johns River” must appear at the bottom
  263  of the plate.
  264         (b) The requirements of s. 320.08053 must be met prior to
  265  the issuance of the plate. Thereafter, the license plate annual
  266  use fees shall be distributed to the St. Johns River Alliance,
  267  Inc., a 501(c)(3) nonprofit organization, which shall administer
  268  the fees as follows:
  269         1. The St. Johns River Alliance, Inc., shall retain the
  270  first $60,000 of the annual use fees as direct reimbursement for
  271  administrative costs, startup costs, and costs incurred in the
  272  development and approval process. Thereafter, up to 10 percent
  273  of the annual use fee revenue may be used for administrative
  274  costs directly associated with education programs, conservation,
  275  research, and grant administration of the organization and up to
  276  10 percent may be used for promotion and marketing of the
  277  specialty license plate.
  278         2. At least 30 percent of the fees shall be available for
  279  competitive grants for targeted community-based or county-based
  280  research or projects for which state funding is limited or not
  281  currently available. The remaining 50 percent shall be directed
  282  toward community outreach and access programs. The competitive
  283  grants shall be administered and approved by the board of
  284  directors of the St. Johns River Alliance, Inc. A grant advisory
  285  committee shall be composed of six members chosen by the St.
  286  Johns River Alliance board members.
  287         3. Any remaining funds shall be distributed with the
  288  approval of and accountability to the board of directors of the
  289  St. Johns River Alliance, Inc., and shall be used to support
  290  activities contributing to education, outreach, and springs
  291  conservation.
  292         (77) FLORIDA BIODIVERSITY FOUNDATION LICENSE PLATES.—
  293         (a) The department shall develop a Florida Biodiversity
  294  Foundation license plate as provided in this section. Florida
  295  Biodiversity Foundation license plates must bear the colors and
  296  design approved by the department. The word “Florida” must
  297  appear at the top of the plate, and the words “Save Wild
  298  Florida” must appear at the bottom of the plate.
  299         (b) The annual use fees shall be distributed to the Florida
  300  Biodiversity Foundation, Inc., which shall retain 50 percent of
  301  the proceeds until the startup costs to develop and establish
  302  the plates have been recovered. Thereafter, the proceeds shall
  303  be used as follows:
  304         1. A maximum of 25 percent of the proceeds may be used to
  305  fund the administrative, promotion, and marketing costs of the
  306  license plate program and the foundation.
  307         2. The remaining fees shall be used by the foundation to
  308  fund research, education, and scientific study of the diversity
  309  of animals and plants and to aid in the preservation, study,
  310  conservation, and recovery of imperiled organisms.
  311         (78) PRESERVING THE PAST LICENSE PLATES.—
  312         (a) The department shall develop a Preserving the Past
  313  license plate as provided in this section. The plate must bear
  314  the colors and design approved by the department. The word
  315  “Florida” must appear at the top of the plate, and the words
  316  “Preserving the Past” must appear at the bottom of the plate.
  317         (b) The annual use fees shall be distributed to the Toomey
  318  Foundation for the Natural Sciences, Inc., which shall retain 50
  319  percent of the proceeds until the startup costs to develop and
  320  establish the plates have been recovered. Thereafter, the
  321  proceeds shall be used as follows:
  322         1. A maximum of 25 percent of the proceeds may be used to
  323  fund the administrative, promotion, and marketing costs of the
  324  license plate program and the foundation.
  325  2. The remaining fees shall be used by the foundation to
  326  acquire, manage, and preserve properties that are of scientific
  327  importance to paleontologists, archeologists, or geologists for
  328  the purposes of research and education, and to promote and
  329  protect the unique natural sciences of this state.
  330         (79) HISPANICS SETTLED FLORIDA IN 1565 LICENSE PLATES.—
  331         (a) The department shall develop a Hispanics Settled
  332  Florida in 1565 license plate as provided in this section.
  333         (b) Hispanics Settled Florida in 1565 license plates must
  334  bear the colors and design approved by the department. The word
  335  “Florida” must appear at the top of the plate, and the words
  336  “HISPANICS SETTLED FLORIDA” must appear at the bottom of the
  337  plate.
  338         (c) The department shall retain all revenues from the sale
  339  of such plates until all startup costs for developing and
  340  issuing the plates have been recovered. Thereafter, 50 percent
  341  of the annual use fees shall be distributed to National Hispanic
  342  Corporate Achievers, Inc., an organization in Orlando that
  343  sponsors minority job fairs. The remaining 50 percent shall be
  344  distributed to Florida Hispanic Foundation. The fees shall be
  345  used to support job and mentorship programs and to provide
  346  scholarship grants for needy students from minority communities
  347  in this state.
  348         (d)By January 1, 2010, the department shall establish a
  349  method to issue a Hispanics Settled Florida in 1565 license
  350  plate voucher to allow for the presale of the Hispanics Settled
  351  Florida in 1565 license plate. Issuance of the vouchers is
  352  contingent upon payment of an application fee of $10,000 no
  353  later than December 1, 2009. The processing fee as prescribed in
  354  s. 320.08056, the service charge and branch charge as prescribed
  355  in s. 320.04, and the annual use fee as prescribed in s.
  356  320.08056 shall be charged for the voucher. All other applicable
  357  fees shall be charged at the time of issuance of the license
  358  plate. The approved Hispanics Settled Florida in 1565 license
  359  plate organization must, within 24 months after the
  360  establishment of the presale voucher, record with the department
  361  a minimum of 1,000 voucher sales before manufacture of the
  362  Hispanics Settled Florida in 1565 license plate can commence.
  363  If, at the conclusion of the 24-month presale period, the
  364  minimum sales requirements have not been met, the Hispanics
  365  Settled Florida in 1565 license plate is deauthorized and the
  366  department shall discontinue development of the plate and
  367  discontinue issuance of the presale vouchers as prescribed in s.
  368  320.08056. Upon deauthorization of the license plate, a
  369  purchaser of the Hispanics Settled Florida in 1565 license plate
  370  voucher may use the annual use fee collected as a credit towards
  371  any other specialty license plate or apply for a refund on a
  372  form prescribed by the department. This paragraph expires
  373  January 1, 2012.
  374  
  375  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  376         And the directory clause is amended as follows:
  377         Delete lines 5 - 7
  378  and insert:
  379         Section 1. Paragraph (cc) of subsection (4) of section
  380  320.08056, Florida Statutes, is amended, and paragraphs (qqq)
  381  through (aaaa) are added to that section to read:
  382  
  383  ================= T I T L E  A M E N D M E N T ================
  384         And the title is amended as follows:
  385         Delete line 377
  386  and insert:
  387         plate; a Preserving the Past license plate; and a
  388         Hispanics Settled Florida in 1565 license plate;
  389         providing for