1 | Representative Needelman offered the following: |
2 |
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3 | Amendment to Amendment (895289) (with title amendment) |
4 | Remove lines 1168-1408 and insert: |
5 | Section 12. Section 403.4131, Florida Statutes, is amended |
6 | to read: |
7 | 403.4131 Litter control "Keep Florida Beautiful, |
8 | Incorporated"; placement of signs.-- |
9 | (1) It is the intent of the Legislature that a coordinated |
10 | effort of interested businesses, environmental and civic |
11 | organizations, and state and local agencies of government be |
12 | developed to plan for and assist in implementing solutions to |
13 | the litter and solid waste problems in this state and that the |
14 | state provide financial assistance for the establishment of a |
15 | nonprofit organization with the name of "Keep Florida Beautiful, |
16 | Incorporated," which shall be registered, incorporated, and |
17 | operated in compliance with chapter 617. This nonprofit |
18 | organization shall coordinate the statewide campaign and operate |
19 | as the grassroots arm of the state's effort and shall serve as |
20 | an umbrella organization for volunteer-based community programs. |
21 | The organization shall be dedicated to helping Florida and its |
22 | local communities solve solid waste problems, to developing and |
23 | implementing a sustained litter prevention campaign, and to act |
24 | as a working public-private partnership in helping to implement |
25 | the state's Solid Waste Management Act. As part of this effort, |
26 | Keep Florida Beautiful, Incorporated, in cooperation with the |
27 | Environmental Education Foundation, shall strive to educate |
28 | citizens, visitors, and businesses about the important |
29 | relationship between the state's environment and economy. Keep |
30 | Florida Beautiful, Incorporated, is encouraged to explore and |
31 | identify economic incentives to improve environmental |
32 | initiatives in the area of solid waste management. The |
33 | membership of the board of directors of this nonprofit |
34 | organization may include representatives of the following |
35 | organizations: the Florida League of Cities, the Florida |
36 | Association of Counties, the Governor's Office, the Florida |
37 | Chapter of the National Solid Waste Management Association, the |
38 | Florida Recyclers Association, the Center for Marine |
39 | Conservation, Chapter of the Sierra Club, the Associated |
40 | Industries of Florida, the Florida Soft Drink Association, the |
41 | Florida Petroleum Council, the Retail Grocers Association of |
42 | Florida, the Florida Retail Federation, the Pulp and Paper |
43 | Association, the Florida Automobile Dealers Association, the |
44 | Beer Industries of Florida, the Florida Beer Wholesalers |
45 | Association, and the Distilled Spirits Wholesalers. |
46 | (2) As a partner working with government, business, civic, |
47 | environmental, and other organizations, Keep Florida Beautiful, |
48 | Incorporated, shall strive to assist the state and its local |
49 | communities by contracting for the development of a highly |
50 | visible antilitter campaign that, at a minimum, includes: |
51 | (a) Coordinating with the Center for Marine Conservation |
52 | and the Center for Solid and Hazardous Waste Management to |
53 | identify components of the marine debris and litter stream and |
54 | groups that habitually litter. |
55 | (b) Designing appropriate advertising to promote the |
56 | proper management of solid waste, with emphasis on educating |
57 | groups that habitually litter. |
58 | (c) Fostering public awareness and striving to build an |
59 | environmental ethic in this state through the development of |
60 | educational programs that result in an understanding and in |
61 | action on the part of individuals and organizations about the |
62 | role they must play in preventing litter and protecting |
63 | Florida's environment. |
64 | (d) Developing educational programs and materials that |
65 | promote the proper management of solid waste, including the |
66 | proper disposal of litter. |
67 | (e) Administering grants provided by the state. Grants |
68 | authorized under this section shall be subject to normal |
69 | department audit procedures and review. |
70 | (1)(3) The Department of Transportation shall establish an |
71 | "adopt-a-highway" program to allow local organizations to be |
72 | identified with specific highway cleanup and highway |
73 | beautification projects authorized under s. 339.2405 and shall |
74 | coordinate such efforts with Keep Florida Beautiful, Inc. The |
75 | department shall report to the Governor and the Legislature on |
76 | the progress achieved and the savings incurred by the "adopt-a- |
77 | highway" program. The department shall also monitor and report |
78 | on compliance with provisions of the adopt-a-highway program to |
79 | ensure that organizations that participate in the program comply |
80 | with the goals identified by the department. |
81 | (2)(4) The Department of Transportation shall place signs |
82 | discouraging litter at all off-ramps of the interstate highway |
83 | system in the state. The department shall place other highway |
84 | signs as necessary to discourage littering through use of the |
85 | antilitter program developed by Keep Florida Beautiful, |
86 | Incorporated. |
87 | (3)(5) Each county is encouraged to initiate a litter |
88 | control and prevention program or to expand upon its existing |
89 | program. The department shall establish a system of grants for |
90 | municipalities and counties to implement litter control and |
91 | prevention programs. In addition to the activities described in |
92 | subsection (1), such grants shall at a minimum be used for |
93 | litter cleanup, grassroots educational programs involving litter |
94 | removal and prevention, and the placement of litter and |
95 | recycling receptacles. Counties are encouraged to form working |
96 | public private partnerships as authorized under this section to |
97 | implement litter control and prevention programs at the |
98 | community level. The grants authorized pursuant to this section |
99 | shall be incorporated as part of the recycling and education |
100 | grants. Counties that have a population under 100,000 75,000 are |
101 | encouraged to develop a regional approach to administering and |
102 | coordinating their litter control and prevention programs. |
103 | (6) The department may contract with Keep Florida |
104 | Beautiful, Incorporated, to help carry out the provisions of |
105 | this section. All contracts authorized under this section are |
106 | subject to normal department audit procedures and review. |
107 | (7) In order to establish continuity for the statewide |
108 | program, those local governments and community programs |
109 | receiving grants for litter prevention and control must use the |
110 | official State of Florida litter control or campaign symbol |
111 | adopted by Keep Florida Beautiful, Incorporated, for use on |
112 | various receptacles and program material. |
113 | (8) The Legislature establishes a litter reduction goal of |
114 | 50 percent reduction from the period January 1, 1994, to January |
115 | 1, 1997. The method of determination used to measure the |
116 | reduction in litter is the survey conducted by the Center for |
117 | Solid and Hazardous Waste Management. The center shall consider |
118 | existing litter survey methodologies. |
119 | (9) The Department of Environmental Protection shall |
120 | contract with the Center for Solid and Hazardous Waste |
121 | Management for an ongoing annual litter survey, the first of |
122 | which is to be conducted by January 1, 1994. The center shall |
123 | appoint a broad-based work group not to exceed seven members to |
124 | assist in the development and implementation of the survey. |
125 | Representatives from the university system, business, |
126 | government, and the environmental community shall be considered |
127 | by the center to serve on the work group. Final authority on |
128 | implementing and conducting the survey rests with the center. |
129 | The first survey is to be designed to serve as a baseline by |
130 | measuring the amount of current litter and marine debris, and is |
131 | to include a methodology for measuring the reduction in the |
132 | amount of litter and marine debris to determine the progress |
133 | toward the litter reduction goal established in subsection (8). |
134 | Annually thereafter, additional surveys are to be conducted and |
135 | must also include a methodology for measuring the reduction in |
136 | the amount of litter and for determining progress toward the |
137 | litter reduction goal established in subsection (8). |
138 | (10)(a) There is created within Keep Florida Beautiful, |
139 | Inc., the Wildflower Advisory Council, consisting of a maximum |
140 | of nine members to direct and oversee the expenditure of the |
141 | Wildflower Account. The Wildflower Advisory Council shall |
142 | include a representative from the University of Florida |
143 | Institute of Food and Agricultural Sciences, the Florida |
144 | Department of Transportation, and the Florida Department of |
145 | Environmental Protection, the Florida League of Cities, and the |
146 | Florida Association of Counties. Other members of the committee |
147 | may include representatives from the Florida Federation of |
148 | Garden Clubs, Inc., Think Beauty Foundation, the Florida Chapter |
149 | of the American Society of Landscape Architects, Inc., and a |
150 | representative of the Master Gardener's Program. |
151 | (b) The Wildflower Advisory Council shall develop |
152 | procedures of operation, research contracts, educational |
153 | programs, and wildflower planting grants for Florida native |
154 | wildflowers, plants, and grasses. The council shall also make |
155 | the final determination of what constitutes acceptable species |
156 | of wildflowers and other plantings supported by these programs. |
157 | Section 13. Section 403.41315, Florida Statutes, is |
158 | amended to read: |
159 | 403.41315 Comprehensive illegal dumping, litter, and |
160 | marine debris control and prevention.-- |
161 | (1) The Legislature finds that a comprehensive illegal |
162 | dumping, litter, and marine debris control and prevention |
163 | program is necessary to protect the beauty and the environment |
164 | of Florida. The Legislature also recognizes that a comprehensive |
165 | illegal dumping, litter, and marine debris control and |
166 | prevention program will have a positive effect on the state's |
167 | economy. The Legislature finds that the state's rapid |
168 | population growth, the ever-increasing mobility of its |
169 | population, and the large number of tourists contribute to the |
170 | need for a comprehensive illegal dumping, litter, and marine |
171 | debris control and prevention program. The Legislature further |
172 | finds that the program must be coordinated and capable of having |
173 | statewide identity and grassroots community support. |
174 | (2) The comprehensive illegal dumping, litter, and marine |
175 | debris control and prevention program at a minimum must include |
176 | the following: |
177 | (a) A local statewide public awareness and educational |
178 | campaign, coordinated by Keep Florida Beautiful, Incorporated, |
179 | to educate individuals, government, businesses, and other |
180 | organizations concerning the role they must assume in preventing |
181 | and controlling litter. |
182 | (b) Enforcement provisions authorized under s. 403.413. |
183 | (c) Enforcement officers whose responsibilities include |
184 | grassroots education along with enforcing litter and illegal |
185 | dumping violations. |
186 | (d) Local illegal dumping, litter, and marine debris |
187 | control and prevention programs operated at the county level |
188 | with emphasis placed on grassroots educational programs designed |
189 | to prevent and remove litter and marine debris. |
190 | (e) A statewide adopt-a-highway program as authorized |
191 | under s. 403.4131. |
192 | (f) The highway beautification program authorized under s. |
193 | 339.2405. |
194 | (g) A statewide Adopt-a-Shore program that includes beach, |
195 | river, and lake shorelines and emphasizes litter and marine |
196 | debris cleanup and prevention. |
197 | (h) The prohibition of balloon releases as authorized |
198 | under s. 372.995. |
199 | (i) The placement of approved identifiable litter and |
200 | recycling receptacles. |
201 | (j) Other educational programs that are implemented at the |
202 | grassroots level coordinated through Keep Florida Beautiful, |
203 | Inc., involving volunteers and community programs that clean up |
204 | and prevent litter, including Youth Conservation Corps |
205 | activities. |
206 | Section 14. Section 403.4133, Florida Statutes, is amended |
207 | to read: |
208 | 403.4133 Adopt-a-Shore Program.-- |
209 | (1) The Legislature finds that litter and illegal dumping |
210 | present a threat to the state's wildlife, environment, and |
211 | shorelines. The Legislature further finds that public awareness |
212 | and education will assist in preventing litter from being |
213 | illegally deposited along the state's shorelines. |
214 | (2) The Adopt-a-Shore Program shall be created within the |
215 | Department of Environmental Protection nonprofit organization |
216 | referred to in s. 403.4131(1), named Keep Florida Beautiful, |
217 | Incorporated. The program shall be designed to educate the |
218 | state's citizens and visitors about the importance of litter |
219 | prevention and shall include approaches and techniques to remove |
220 | litter from the state's shorelines. |
221 | (3) For the purposes of this section, the term "shoreline" |
222 | includes, but is not limited to, beaches, rivershores, and |
223 | lakeshores. |
224 | Section 15. Subsection (28) of section 320.08058, Florida |
225 | Statutes, is amended to read: |
226 | 320.08058 Specialty license plates.-- |
227 | (28) FLORIDA WILDFLOWER LICENSE PLATES.-- |
228 | (a) The department shall develop a Florida Wildflower |
229 | license plate as provided in this section. The word "Florida" |
230 | must appear at the top of the plate, and the words "State |
231 | Wildflower" and "coreopsis" must appear at the bottom of the |
232 | plate. |
233 | (b) The annual use fees shall be distributed to the |
234 | Wildflower Foundation, Inc., a nonprofit corporation under s. |
235 | 501(c)(3) of the Internal Revenue Code Wildflower Account |
236 | established by Keep Florida Beautiful, Inc., created by s. |
237 | 403.4131. The proceeds must be used to establish native Florida |
238 | wildflower research programs, wildflower educational programs, |
239 | and wildflower grant programs to municipal, county, and |
240 | community-based groups in this state. |
241 | 1. The Wildflower Foundation, Inc., shall develop |
242 | procedures of operation, research contracts, education and |
243 | marketing programs, and wildflower planting grants for Florida |
244 | native wildflowers, plants, and grasses. |
245 | 2. A maximum of 15 10 percent of the proceeds from the |
246 | sale of such plates may be used for administrative and marketing |
247 | costs. |
248 | 3. In the event the Wildflower Foundation, Inc., ceases to |
249 | be an active nonprofit corporation under s. 501(c)(3) of the |
250 | Internal Revenue Code, the proceeds from the annual use fee |
251 | shall be deposited into the General Inspection Trust Fund |
252 | created within the Department of Agriculture and Consumer |
253 | Services. Any funds held by the Wildflower Foundation, Inc., |
254 | must be promptly transferred to the General Inspection Trust |
255 | Fund. The Department of Agriculture and Consumer Services shall |
256 | use and administer the proceeds from the use fee in the manner |
257 | specified in this subsection. |
258 |
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259 |
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260 | ======== T I T L E A M E N D M E N T ======== |
261 | Remove lines 4551-4564 and insert: |
262 | requirements for a litter survey; amending s. 403.41315, |
263 | F.S.; conforming provisions to changes made to the Keep |
264 | Florida Beautiful, Inc., program; amending s. 403.4133, |
265 | F.S.; placing the Adopt-a-Shore Program within the |
266 | Department of Environmental Protection; amending s. |
267 | 320.08058, F.S.; requiring that the proceeds of the fees |
268 | paid for Wildflower license plates be distributed to |
269 | Wildflower Foundation, Inc.; requiring the foundation to |
270 | develop certain procedures and programs; specifying uses |
271 | of the proceeds; transferring the balance of such proceeds |
272 | to the Department of Agriculture and Consumer Services |
273 | under certain circumstances; amending s. 403.703, |