HOUSE AMENDMENT Bill No. HB 293 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Smith offered the following:
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14	Amendment (with title amendment)
15	Between line(s) 112 & 113, insert:
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17	Section 2. Section 403.4131, Florida Statutes, is amended
18	to read:
19	403.4131 The Clean Florida Commission"Keep Florida
20	Beautiful, Incorporated"; placement of signs.--
21	(1) It is the intent of the Legislature that a coordinated
22	effort of interested businesses, environmental and civic
23	organizations, and state and local agencies of government be
24	developed to plan for and assist in implementing solutions to
25	the litter and solid waste problems in this state and that the
26	state provide funding as set forth in s. 403.709(4) to the Clean
27	Florida Commissionfinancial assistance for the establishment of
28	a nonprofit organization with the name of "Keep Florida
29	Beautiful, Incorporated," which shall be registered,
30	incorporated, and operated in compliance with chapter 617. The
31	Clean Florida CommissionThis nonprofit organizationshall
32	coordinate the statewide campaign, provideand operate as the
33	grassroots arm of the state's portion of the effort, and shall
34	serve as an umbrella organization for volunteer-based community
35	programs. The Clean Florida Commissionorganizationshall be
36	dedicated to helping Florida and its local communities solve
37	solid waste problems, to developing and implementing a sustained
38	litter prevention campaign, and to act as a working public-
39	private partnership in helping to implement the state's Solid
40	Waste Management Act. The commission may enter into such
41	contracts and agreements with other agencies, organizations,
42	associations, corporations, individuals, or federal agencies as
43	it determines are necessary, expedient, or incidental to the
44	performance of its duties or the execution of its powers under
45	this chapter. The commission may accept gifts, grants, bequests,
46	loans, and endowments for purposes not inconsistent with its
47	responsibilities under this chapter. The Clean Florida
48	Commission shall have rulemaking authority.As part of this
49	effort, the Clean Florida CommissionKeep Florida Beautiful,
50	Incorporated, in cooperation with the Environmental Education
51	Foundation, shall strive to educate citizens, visitors, and
52	businesses about the important relationship between the state's
53	environment and economy. The Clean Florida Commission shallKeep
54	Florida Beautiful, Incorporated, is encouraged toexplore and
55	identify economic incentives to improve environmental
56	initiatives in the area of solid waste management. The Clean
57	Florida Commission shall coordinate with the Department of
58	Transportation to approve appropriate segments of roadway for
59	adoption and specific locations for placement of adopt-a-highway
60	signs. To assure the safety of the volunteers and the motoring
61	public, litter pick-up activities must be conducted in
62	accordance with safety standards of the Department of
63	Transportation and adopt-a-highway litter pick-up processes.
64	(2) There is created within the Department of Community
65	Affairs the Clean Florida Commission, which shall coordinate a
66	statewide public awareness and education campaign involving
67	state agencies, local governments, local organizations, and
68	individuals. The Clean Florida Commission shall consist of the
69	following members:
70	(a) The Secretary of Environmental Protection or the
71	secretary's designee.
72	(b) The Secretary of Transportation or the secretary's
73	designee.
74	(c) The Commissioner of Education or the commissioner's
75	designee.
76	(d) The Commissioner of Agriculture or the commissioner's
77	designee.
78	(e) The Secretary of Community Affairs or the secretary's
79	designee, who shall serve as chairman.
80	(f) Any additional members from interested state agencies,
81	local governments, and state and local organizations who are
82	appointed by unanimous consent of the members listed in
83	paragraphs (a)-(e).
84	(3) The commission has the following powers and duties:
85	(a) To appoint an executive director, who may employ such
86	other administrative and clerical staff as are necessary to
87	carry out the purpose of litter prevention in this state as set
88	forth in this section. Such employment by the commission may be
89	pursuant to contract with a public entity or a private entity.
90	(b) To establish an "adopt-a-highway" program to allow
91	volunteers from local organizations to be identified with
92	specific highway cleanup and such organizations shall coordinate
93	such efforts with the Clean Florida Commission.
94	(c) To contract for the development of a highly visible
95	anti-litter campaign that, at a minimum, includes:
96	1. Identifying groups that habitually litter.
97	2. Designing appropriate advertising to promote proper
98	disposal of litter by groups that habitually litter.
99	3. Fostering public awareness of the litter problem in
100	this state and the litter prevention program.
101	4. Developing educational programs and materials for
102	promoting the proper disposal of litter; acting as the state
103	clearinghouse for educational programs and materials developed,
104	distributed, and promoted by state agencies; and coordinating
105	efforts and resources among agencies to ensure minimal
106	duplication of efforts and efficient use of state funds.
107	5. Using talent, equipment, or expertise donated by the
108	private sector for producing multimedia materials.
109	(d) To make and execute contracts necessary to the
110	exercise of its powers, including interagency agreements.
111	(e) To engage in the planning of a litter prevention
112	program.
113	(f) To conduct, direct, encourage, coordinate, and
114	organize a continuous program of public education relating to
115	litter prevention.
116	(g) To review, upon request, all plans and activities
117	pertinent to reducing litter and littering and to coordinate
118	these activities with the various levels of government, as well
119	as with other local organizations.
120	(h) To coordinate with state and local organizations to
121	market programs promoting litter prevention and to facilitate
122	the exchange of such programs between local organizations
123	through annual conferences.
124	(i) To make available to elementary and secondary schools
125	and other public forums educational programs and materials for
126	promoting the proper disposal of litter.
127	(j) To develop and implement statewide incentive programs
128	designed to motivate individual residents of this state, local
129	organizations, local governments, and other groups interested in
130	participating in litter prevention program activities.
131	(k) To provide to local governments and nonprofit
132	organizations grants to be used for implementing and maintaining
133	certified Keep America Beautiful Florida Systems litter
134	prevention programs through education and broadbased public
135	involvement at the community level. Except as specifically
136	appropriated, such a grant may provide up to one-half of the
137	first-year costs of initiating and operating such a program, or
138	$25,000, whichever is less. Certified Keep America Beautiful
139	Florida Systems are eligible to apply for the funding of local
140	level litter prevention and educational programs and projects,
141	and must receive first priority in the award of such grants.
142	(l) To monitor the effectiveness of the statewide litter
143	prevention campaign annually and to prepare an annual report of
144	operations which includes the results of such monitoring. The
145	commission shall submit the annual report to the Governor, the
146	President of the Senate, and the Speaker of the House of
147	Representatives no later than February 1 of each year, beginning
148	in 2004.
149	(4) The Department of Transportation shall place signs
150	discouraging litter at all off-ramps of the interstate highway
151	system in the state. The department shall place other highway
152	signs as necessary to discourage littering, in accordance with
153	the anti-litter program developed by the commission.The
154	membership of the board of directors of this nonprofit
155	organization may include representatives of the following
156	organizations: the Florida League of Cities, the Florida
157	Association of Counties, the Governor's Office, the Florida
158	Chapter of the National Solid Waste Management Association, the
159	Florida Recyclers Association, the Center for Marine
160	Conservation, Chapter of the Sierra Club, the Associated
161	Industries of Florida, the Florida Soft Drink Association, the
162	Florida Petroleum Council, the Retail Grocers Association of
163	Florida, the Florida Retail Federation, the Pulp and Paper
164	Association, the Florida Automobile Dealers Association, the
165	Beer Industries of Florida, the Florida Beer Wholesalers
166	Association, and the Distilled Spirits Wholesalers.
167	(2) As a partner working with government, business, civic,
168	environmental, and other organizations, Keep Florida Beautiful,
169	Incorporated, shall strive to assist the state and its local
170	communities by contracting for the development of a highly
171	visible antilitter campaign that, at a minimum, includes:
172	(a) Coordinating with the Center for Marine Conservation
173	and the Center for Solid and Hazardous Waste Management to
174	identify components of the marine debris and litter stream and
175	groups that habitually litter.
176	(b) Designing appropriate advertising to promote the
177	proper management of solid waste, with emphasis on educating
178	groups that habitually litter.
179	(c) Fostering public awareness and striving to build an
180	environmental ethic in this state through the development of
181	educational programs that result in an understanding and in
182	action on the part of individuals and organizations about the
183	role they must play in preventing litter and protecting
184	Florida's environment.
185	(d) Developing educational programs and materials that
186	promote the proper management of solid waste, including the
187	proper disposal of litter.
188	(e) Administering grants provided by the state. Grants
189	authorized under this section shall be subject to normal
190	department audit procedures and review.
191	(3) The Department of Transportation shall establish an
192	"adopt-a-highway" program to allow local organizations to be
193	identified with specific highway cleanup and highway
194	beautification projects authorized under s. 339.2405 and shall
195	coordinate such efforts with Keep Florida Beautiful, Inc. The
196	department shall report to the Governor and the Legislature on
197	the progress achieved and the savings incurred by the "adopt-a-
198	highway" program. The department shall also monitor and report
199	on compliance with provisions of the adopt-a-highway program to
200	ensure that organizations that participate in the program comply
201	with the goals identified by the department.
202	(4) The Department of Transportation shall place signs
203	discouraging litter at all off-ramps of the interstate highway
204	system in the state. The department shall place other highway
205	signs as necessary to discourage littering through use of the
206	antilitter program developed by Keep Florida Beautiful,
207	Incorporated.
208	(5) Each county is encouraged to initiate a litter control
209	and prevention program or to expand upon its existing program.
210	The Department of Environmental Protectionshall establish a
211	system of grants for municipalities and counties to implement
212	litter control and prevention programs. In addition to the
213	activities described in subsection (1), such grants shall at a
214	minimum be used for litter cleanup, grassroots educational
215	programs involving litter removal and prevention, and the
216	placement of litter and recycling receptacles. Counties are
217	encouraged to form working public private partnerships as
218	authorized under this section to implement litter control and
219	prevention programs at the community level. The grants
220	authorized pursuant to this section shall be incorporated as
221	part of the recycling and education grants. Counties that have a
222	population under 75,000 are encouraged to develop a regional
223	approach to administering and coordinating their litter control
224	and prevention programs.
225	(6) The department may contract with Keep Florida
226	Beautiful, Incorporated, to help carry out the provisions of
227	this section. All contracts authorized under this section are
228	subject to normal department audit procedures and review.
229	(6)(7)In order to establish continuity for the statewide
230	program, those local governments and community programs
231	receiving grants for litter prevention and control must use the
232	official State of Florida litter control or campaign symbol
233	adopted by the Clean Florida CommissionKeep Florida Beautiful,
234	Incorporated,for use on various receptacles and program
235	material.
236	(8) The Legislature establishes a litter reduction goal of
237	50 percent reduction from the period January 1, 1994, to January
238	1, 1997. The method of determination used to measure the
239	reduction in litter is the survey conducted by the Center for
240	Solid and Hazardous Waste Management. The center shall consider
241	existing litter survey methodologies.
242	(7)(9)The Department of Environmental Protection shall
243	contract with the Center for Solid and Hazardous Waste
244	Management for an ongoing annual litter survey, the first of
245	which is to be conducted by January 1, 1994. The center shall
246	appoint a broad-based work group not to exceed seven members to
247	assist in the development and implementation of the survey.
248	Representatives from the university system, business,
249	government, and the environmental community shall be considered
250	by the center to serve on the work group. Final authority on
251	implementing and conducting the survey rests with the center.
252	The first survey is to be designed to serve as a baseline by
253	measuring the amount of current litter and marine debris, and is
254	to include a methodology for measuring the reduction in the
255	amount of litter and marine debris to determine the progress
256	toward the litter reduction goal established in subsection (8).
257	Annually thereafter, additional surveys are to be conducted and
258	must also include a methodology for measuring the reduction in
259	the amount of litter and for determining progress toward the
260	litter reduction goal established in subsection (8).
261	(8)(10)(a) There is created within the Department of
262	Agriculture and Consumer ServicesKeep Florida Beautiful, Inc.,
263	the Wildflower Advisory Council, consisting of a maximum of nine
264	members to direct and oversee the expenditure of the Wildflower
265	Account. The Wildflower Advisory Council shall include a
266	representative from the University of Florida Institute of Food
267	and Agricultural Sciences, the Florida Department of
268	Transportation, and the Florida Department of Environmental
269	Protection, the Florida League of Cities, and the Florida
270	Association of Counties. Other members of the committee may
271	include representatives from the Florida Federation of Garden
272	Clubs, Inc., Think Beauty Foundation, the Florida Chapter of the
273	American Society of Landscape Architects, Inc., and a
274	representative of the Master Gardener's Program.
275	(b) The Wildflower Advisory Council shall be controlled
276	and directed by the Department of Agriculture and Consumer
277	Services and shall serve in an advisory capacity to the
278	department with respect to the award ofdevelop procedures of
279	operation, research contracts, educational programs, and
280	wildflower planting grants for Florida native wildflowers,
281	plants, and grasses. The council shall also make recommendations
282	to the department concerningthe final determination ofwhat
283	constitutes acceptable species of wildflowers and other
284	plantings supported by these programs.
285	Section 3. Paragraphs (a) and (j) of subsection (2) of
286	section 403.41315, Florida Statutes, are amended to read:
287	403.41315 Comprehensive illegal dumping, litter, and
288	marine debris control and prevention.--
289	(2) The comprehensive illegal dumping, litter, and marine
290	debris control and prevention program at a minimum must include
291	the following:
292	(a) A statewide public awareness and educational campaign,
293	coordinated by the Clean Florida CommissionKeep Florida
294	Beautiful, Incorporated, to educate individuals, government,
295	businesses, and other organizations concerning the role they
296	must assume in preventing and controlling litter.
297	(j) Other educational programs that are implemented at the
298	grassroots level coordinated through the Clean Florida
299	CommissionKeep Florida Beautiful, Inc., involving volunteers
300	and community programs that clean up and prevent litter,
301	including Youth Conservation Corps activities.
302	Section 4. Subsection (4) of section 403.709, Florida
303	Statutes, is amended to read:
304	403.709 Solid Waste Management Trust Fund; use of waste
305	tire fees.--There is created the Solid Waste Management Trust
306	Fund, to be administered by the department. From the annual
307	revenues deposited in the trust fund, unless otherwise specified
308	in the General Appropriations Act:
309	(4) Up to 4.5 percent shall be used for funding to the
310	Clean Florida CommissionDepartment of Transportation for the
311	coordination, development, and establishment of a statewide
312	public awareness litter prevention and education campaign
313	control programs coordinated by Keep Florida Beautiful, Inc. The
314	Clean Florida Commission shall establish a competitive and
315	innovative grant program pursuant to s. 403.4131.
316	Section 5. Subsection (28) of section 320.08058, Florida
317	Statutes, is amended to read:
318	320.08058 Specialty license plates.--
319	(28) FLORIDA WILDFLOWER LICENSE PLATES.--
320	(a) The department shall develop a Florida Wildflower
321	license plate as provided in this section. The word "Florida"
322	must appear at the top of the plate, and the words "State
323	Wildflower" and "coreopsis" must appear at the bottom of the
324	plate.
325	(b) The annual use fees shall be distributed to the
326	Wildflower Trust Fund in the Department of Agriculture and
327	Consumer ServicesAccount established by Keep Florida Beautiful,
328	Inc., created by s. 403.4131. The proceeds must be used to
329	establish native Florida wildflower research programs,
330	wildflower educational programs, and wildflower grant programs
331	to municipal, county, and community-based groups in this state.
332	A maximum of 10 percent of the proceeds from the sale of such
333	plates may be used for administrative costs.
334	Section 6. (1) All unexpended proceeds of fees paid for
335	Wildflower license plates which are held by Keep Florida
336	Beautiful, Inc., must be transferred to the Wildflower Trust
337	Fund in the Department of Agriculture and Consumer Services
338	promptly after the effective date of this act.
339	Section 7. There is created within the Florida Department
340	of Agriculture and Consumer Services the Florida Wildflower
341	Advisory Council. The department shall enter into a memorandum
342	or letter of agreement with the Wildflower Advisory Council,
343	which shall specify the approval of the department, the powers
344	and duties of the council, and rules with which the council
345	shall comply. The head of the department shall provide from
346	existing personnel staff support services to the council as are
347	necessary to enable the council to fulfill its duties and
348	responsibilities. The council shall consist of a maximum of 15
349	members who shall direct the revenues and expenditures of the
350	Wildflower Trust Fund. The council members shall serve without
351	compensation but are entitled to per diem and travel expenses
352	pursuant to section 112.061, Florida Statutes. The council shall
353	include a representative from the University of Florida
354	Institute of Food and Agricultural Sciences, the Florida
355	Department of Transportation, the Florida Department of
356	Environmental Protection, the Florida Department of Agriculture
357	and Consumer Services, the Florida League of Cities, and the
358	Florida Association of Counties. Other members of the council
359	may include representatives from the Florida Federation of
360	Garden Clubs, Inc., Think Beauty Foundation, Inc., the Florida
361	Chapter of the American Society of Landscape Architects, Inc.,
362	the Florida Master Gardner Program, Keep Florida Beautiful,
363	Inc., the Florida Nurserymen and Growers Association, Inc., the
364	Association of Florida Native Nurseries, Inc., and two members
365	of the Florida Wildflower Foundation, Inc. The Commissioner of
366	Agriculture, based on recommendations from the above listed
367	organizations, shall appoint members to the council.
368	(2) The Florida Wildflower Advisory Council shall develop
369	operational procedures, marketing initiatives, research
370	contracts, educational programs, and wildflower planting grants
371	for native wildflowers, plants, and grasses and shall submit
372	their recommendations for approval to the Commissioner of
373	Agriculture. The council shall make the final determination of
374	what constitutes acceptable species of wildflowers and other
375	plantings to be supported by these programs.
376	Section 8. Wildflower Trust Fund.--
377	(1) Funds in the Wildflower Trust Fund in the Department
378	of Agriculture and Consumer Services may be used by the
379	department only to:
380	(a) Market the Wildflower license plate;
381	(b) Establish native wildflower research programs;
382	(c) Conduct wildflower educational programs; and
383	(d) Provide wildflower grant programs to state, municipal,
384	county, and community-based groups in this state.
385	(2) The department and the Wildflower Advisory Council
386	shall identify, develop, and collect sources of public and
387	private funding for native wildflower and grass development
388	projects. The department may accept, apply for, expend, and use
389	any gift, grant of money, or property for projects deemed worthy
390	by the Florida Wildflower Advisory Council and the Commissioner
391	of Agriculture.
392	(3) The Wildflower Trust Fund is exempt from service
393	charges and the appropriation required by section 215.20(1),
394	(2), and (4), Florida Statutes.
395	Section 9. All unexpended proceeds of fees paid for
396	Wildflower license plates which are held by Keep Florida
397	Beautiful, Inc., must be transferred to the Department of
398	Agriculture and Consumer Services promptly after the effective
399	date of this act.
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402	================= T I T L E A M E N D M E N T =================
403	Remove line(s) 17, and insert:
404	areas; A bill to be entitled
405	An act relating to environmental control; amending s.
406	403.4131, F.S.; replacing "Keep Florida Beautiful,
407	Incorporated" with the Clean Florida Commission; providing
408	membership and duties of the commission; providing
409	rulemaking authority; providing for an executive director
410	and other commission employees; providing for the
411	commission to contract for the development of a statewide
412	anti-litter campaign; providing for local governments and
413	nonprofit organizations to receive grants to be used for
414	community litter prevention programs; providing priorities
415	for the award of grants; requiring an annual report to the
416	Governor and to legislative leaders; requiring the
417	Department of Transportation to erect anti-litter signs;
418	providing requirements for litter reduction programs;
419	placing the Wildflower Advisory Council under the control
420	of the Department of Agriculture and Consumer Services;
421	amending duties of the council; amending s. 403.41315,
422	F.S.; amending cross-references, to conform; amending s.
423	403.709, F.S.; transferring proceeds to be used in litter
424	prevention from the Solid Waste Management Trust Fund to
425	the Clean Florida Commission; imposing a duty on the
426	commission; amending s. 320.08058, F.S.; providing that
427	the proceeds of fees paid for Wildflower license plates
428	must be distributed to the Wildflower Trust Fund in the
429	Department of Agriculture and Consumer Services; creating
430	the Wildflower Advisory Council and providing for
431	membership, powers, and duties; specifying uses of the
432	proceeds; transferring the balance of such proceeds from
433	"Keep Florida Beautiful, Incorporated" to the department;
434	providing an effective date.
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