1 | The Committee on Finance & Tax recommends the following: |
2 |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to animal welfare protection programs; |
7 | creating s. 570.93, F.S.; creating Florida Animal Friends, |
8 | Inc., as a direct-support organization of the Department |
9 | of Agriculture and Consumer Services; providing for |
10 | organization and purpose of the corporation; providing for |
11 | application of specified open records and open meetings |
12 | provisions; requiring an annual audit; providing for |
13 | maintenance and use of funds of the corporation; providing |
14 | for the corporation to distribute funds received for sale |
15 | of the Animal Friend license plate and other funds; |
16 | providing for a grant solicitation and award process; |
17 | providing criteria for distribution of funds; providing |
18 | for a board of directors of the corporation; providing for |
19 | membership and meetings of the board; authorizing the |
20 | department to provide use of its property and facilities; |
21 | providing for solicitation of donations; providing for |
22 | retention of funds on dissolution of the corporation; |
23 | amending ss. 320.08056 and 320.08058, F.S.; creating the |
24 | Animal Friend license plate; providing for the |
25 | distribution of annual use fees received from the sale of |
26 | such plates; providing an effective date. |
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28 | WHEREAS, 2,000 dogs and 3,000 cats are born every hour in |
29 | the United States, and |
30 | WHEREAS, one unspayed female dog, her mate, and their |
31 | offspring can produce 67,000 dogs in only 6 years, and |
32 | WHEREAS, one unspayed female cat, her mate, and their |
33 | offspring can produce 370,092 cats in just 7 years, and |
34 | WHEREAS, an estimated 800,000 homeless cats and dogs were |
35 | euthanized in Florida in the year 2002, NOW, THEREFORE, |
36 |
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37 | Be It Enacted by the Legislature of the State of Florida: |
38 |
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39 | Section 1. Section 570.93, Florida Statutes, is created to |
40 | read: |
41 | 570.93 Florida Animal Friends, Inc.; direct-support |
42 | organization.-- |
43 | (1) Florida Animals Friends, Inc., is a not-for-profit |
44 | corporation incorporated under chapter 617 and is organized and |
45 | operated to conduct programs and activities; initiate |
46 | developmental projects; raise funds; request and receive grants, |
47 | gifts, and bequests of moneys; acquire, receive, hold, invest, |
48 | and administer, in its own name, securities, funds, objects of |
49 | value, or other property, real or personal; and make |
50 | expenditures to or for the direct or indirect benefit of the |
51 | state and for spay and neuter programs and other emergency |
52 | animal welfare protection programs in this state. |
53 | (2) Florida Animal Friends, Inc., is a direct-support |
54 | organization of the department that is created to accomplish the |
55 | purposes and objectives of this section. The activities of the |
56 | corporation must be consistent with the best interests of the |
57 | state. |
58 | (3) The corporation: |
59 | (a) Is subject to the requirements of s. 24, Art. I of the |
60 | State Constitution, chapter 119, and s. 286.011. |
61 | (b) Has a fiscal year of July 1 to June 30. |
62 | (c) Must obtain an annual financial audit, which shall be |
63 | submitted to the Commissioner of Agriculture for review and |
64 | approval. |
65 | (d) Shall develop and administer a grant solicitation and |
66 | award process for distribution of funds received for the sale of |
67 | the Animal Friend license plate pursuant to the provisions of s. |
68 | 320.08058. Funding shall only be granted and used for those |
69 | proposals that are in compliance with federal, state, and local |
70 | laws and ordinances. |
71 | (e) Shall maintain all moneys that it receives in a bank |
72 | account outside of the State Treasury and shall only use such |
73 | funds in a manner consistent with the purposes and goals |
74 | provided in this section. Funds shall be used only for the |
75 | following purposes: |
76 | 1. Spay and neuter programs provided by not-for-profit |
77 | organizations or governmental agencies in this state that deal |
78 | with spay or neuter programs. |
79 | 2. Other emergency animal welfare protection programs or |
80 | projects, provided that funding for the program or project is |
81 | approved by unanimous vote of the board of directors of the |
82 | corporation. |
83 | (4)(a) The board of directors of the corporation shall |
84 | consist of five members as follows: |
85 | 1. A representative of the Humane Society of the United |
86 | States. |
87 | 2. A representative of the Florida Veterinary Medical |
88 | Association. |
89 | 3. A representative of the Florida Animal Control |
90 | Association. |
91 | 4. One member at large who shall be appointed by the |
92 | members of the council and shall serve for 2 years. This member |
93 | shall represent a not-for-profit organization not directly |
94 | affiliated with any other organization represented on the board |
95 | of directors. The not-for-profit organization this member |
96 | represents shall not apply for a grant during the 2 years he or |
97 | she serves on the board. |
98 | 5. One member at large who shall be appointed by the |
99 | Commissioner of Agriculture. |
100 | (b) Members of the board, unless otherwise specified in |
101 | this section, shall serve a term of 4 years or until their |
102 | successors are duly qualified and appointed. Members may serve |
103 | consecutive terms. |
104 | (c) The board shall meet at least biannually. |
105 | (5)(a) The department may permit, without charge, the |
106 | appropriate use of property and facilities of the state by the |
107 | direct-support organization subject to this section. Such use |
108 | must be directly in keeping with the approved purposes of the |
109 | direct-support organization. |
110 | (b) The Commissioner of Agriculture may designate |
111 | employees of the department to solicit donations from public or |
112 | private sources to fund the authorized purposes of the direct- |
113 | support organization. |
114 | (6) Upon the dissolution of the corporation, all |
115 | properties of the corporation shall revert to the state. |
116 | Section 2. Paragraph (ss) is added to subsection (4) of |
117 | section 320.08056, Florida Statutes, to read: |
118 | 320.08056 Specialty license plates.-- |
119 | (4) The following license plate annual use fees shall be |
120 | collected for the appropriate specialty license plates: |
121 | (ss) Animal Friend license plate, $25. |
122 | Section 3. Subsection (45) is added to section 320.08058, |
123 | Florida Statutes, to read: |
124 | 320.08058 Specialty license plates.-- |
125 | (45) ANIMAL FRIEND LICENSE PLATES.-- |
126 | (a) Notwithstanding the provisions of s. 320.08053, the |
127 | department shall develop an Animal Friend license plate as |
128 | provided in this section. Animal Friend license plates must bear |
129 | the colors and design approved by the department. The word |
130 | "Florida" must appear at the top of the plate, and the words |
131 | "Animal Friend" must appear at the bottom of the plate. |
132 | (b)1. The department shall retain initial annual use fee |
133 | proceeds sufficient to cover its costs related to the |
134 | development and issuance of the Animal Friend license plate, not |
135 | to exceed $60,000. Thereafter, the proceeds of the annual use |
136 | fee shall be distributed to Florida Animal Friends, Inc., as |
137 | created in s. 570.93 and used as provided for in that section. |
138 | 2. In the first year the plate is issued, no more than 25 |
139 | percent of the fees collected may be used for administrative |
140 | costs directly associated with the operation of Florida Animal |
141 | Friends, Inc., and marketing and promotion of the Animal Friend |
142 | concept and license plate. |
143 | 3. In the second and subsequent years the plate is issued, |
144 | no more than 20 percent of the fees collected may be used for |
145 | administrative costs directly associated with the operation of |
146 | Florida Animal Friends, Inc., and marketing and promotion of the |
147 | Animal Friend concept and license plate. |
148 | Section 4. This act shall take effect July 1, 2004. |