HB 0211CS

CHAMBER ACTION




1The Committee on Finance & Tax recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to animal welfare protection programs;
7creating s. 570.93, F.S.; creating Florida Animal Friends,
8Inc., as a direct-support organization of the Department
9of Agriculture and Consumer Services; providing for
10organization and purpose of the corporation; providing for
11application of specified open records and open meetings
12provisions; requiring an annual audit; providing for
13maintenance and use of funds of the corporation; providing
14for the corporation to distribute funds received for sale
15of the Animal Friend license plate and other funds;
16providing for a grant solicitation and award process;
17providing criteria for distribution of funds; providing
18for a board of directors of the corporation; providing for
19membership and meetings of the board; authorizing the
20department to provide use of its property and facilities;
21providing for solicitation of donations; providing for
22retention of funds on dissolution of the corporation;
23amending ss. 320.08056 and 320.08058, F.S.; creating the
24Animal Friend license plate; providing for the
25distribution of annual use fees received from the sale of
26such plates; providing an effective date.
27
28     WHEREAS, 2,000 dogs and 3,000 cats are born every hour in
29the United States, and
30     WHEREAS, one unspayed female dog, her mate, and their
31offspring can produce 67,000 dogs in only 6 years, and
32     WHEREAS, one unspayed female cat, her mate, and their
33offspring can produce 370,092 cats in just 7 years, and
34     WHEREAS, an estimated 800,000 homeless cats and dogs were
35euthanized in Florida in the year 2002, NOW, THEREFORE,
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Section 570.93, Florida Statutes, is created to
40read:
41     570.93  Florida Animal Friends, Inc.; direct-support
42organization.--
43     (1)  Florida Animals Friends, Inc., is a not-for-profit
44corporation incorporated under chapter 617 and is organized and
45operated to conduct programs and activities; initiate
46developmental projects; raise funds; request and receive grants,
47gifts, and bequests of moneys; acquire, receive, hold, invest,
48and administer, in its own name, securities, funds, objects of
49value, or other property, real or personal; and make
50expenditures to or for the direct or indirect benefit of the
51state and for spay and neuter programs and other emergency
52animal welfare protection programs in this state.
53     (2)  Florida Animal Friends, Inc., is a direct-support
54organization of the department that is created to accomplish the
55purposes and objectives of this section. The activities of the
56corporation must be consistent with the best interests of the
57state.
58     (3)  The corporation:
59     (a)  Is subject to the requirements of s. 24, Art. I of the
60State 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
63submitted to the Commissioner of Agriculture for review and
64approval.
65     (d)  Shall develop and administer a grant solicitation and
66award process for distribution of funds received for the sale of
67the Animal Friend license plate pursuant to the provisions of s.
68320.08058. Funding shall only be granted and used for those
69proposals that are in compliance with federal, state, and local
70laws and ordinances.
71     (e)  Shall maintain all moneys that it receives in a bank
72account outside of the State Treasury and shall only use such
73funds in a manner consistent with the purposes and goals
74provided in this section. Funds shall be used only for the
75following purposes:
76     1.  Spay and neuter programs provided by not-for-profit
77organizations or governmental agencies in this state that deal
78with spay or neuter programs.
79     2.  Other emergency animal welfare protection programs or
80projects, provided that funding for the program or project is
81approved by unanimous vote of the board of directors of the
82corporation.
83     (4)(a)  The board of directors of the corporation shall
84consist of five members as follows:
85     1.  A representative of the Humane Society of the United
86States.
87     2.  A representative of the Florida Veterinary Medical
88Association.
89     3.  A representative of the Florida Animal Control
90Association.
91     4.  One member at large who shall be appointed by the
92members of the council and shall serve for 2 years. This member
93shall represent a not-for-profit organization not directly
94affiliated with any other organization represented on the board
95of directors. The not-for-profit organization this member
96represents shall not apply for a grant during the 2 years he or
97she serves on the board.
98     5.  One member at large who shall be appointed by the
99Commissioner of Agriculture.
100     (b)  Members of the board, unless otherwise specified in
101this section, shall serve a term of 4 years or until their
102successors are duly qualified and appointed. Members may serve
103consecutive terms.
104     (c)  The board shall meet at least biannually.
105     (5)(a)  The department may permit, without charge, the
106appropriate use of property and facilities of the state by the
107direct-support organization subject to this section. Such use
108must be directly in keeping with the approved purposes of the
109direct-support organization.
110     (b)  The Commissioner of Agriculture may designate
111employees of the department to solicit donations from public or
112private sources to fund the authorized purposes of the direct-
113support organization.
114     (6)  Upon the dissolution of the corporation, all
115properties of the corporation shall revert to the state.
116     Section 2.  Paragraph (ss) is added to subsection (4) of
117section 320.08056, Florida Statutes, to read:
118     320.08056  Specialty license plates.--
119     (4)  The following license plate annual use fees shall be
120collected for the appropriate specialty license plates:
121     (ss)  Animal Friend license plate, $25.
122     Section 3.  Subsection (45) is added to section 320.08058,
123Florida 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
127department shall develop an Animal Friend license plate as
128provided in this section. Animal Friend license plates must bear
129the 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
133proceeds sufficient to cover its costs related to the
134development and issuance of the Animal Friend license plate, not
135to exceed $60,000. Thereafter, the proceeds of the annual use
136fee shall be distributed to Florida Animal Friends, Inc., as
137created 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
139percent of the fees collected may be used for administrative
140costs directly associated with the operation of Florida Animal
141Friends, Inc., and marketing and promotion of the Animal Friend
142concept and license plate.
143     3.  In the second and subsequent years the plate is issued,
144no more than 20 percent of the fees collected may be used for
145administrative costs directly associated with the operation of
146Florida Animal Friends, Inc., and marketing and promotion of the
147Animal Friend concept and license plate.
148     Section 4.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.