Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS/CS/HB 239, 2nd Eng.
Barcode 752298
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Aronberg moved the following:
1 Senate Substitute for Amendment (827232) (with directory
2 and title amendments)
3
4 Delete lines 21 - 343
5 and insert:
6 Section 2. Paragraph (c) is added to subsection (29) of
7 section 320.08058, Florida Statutes, paragraph (b) of subsection
8 (32) of that section is amended, subsection (35) of that section
9 is amended, and subsections (69), (70), (71), (72), (73), (74),
10 (75), (76), and (77), are added to that section, to read:
11 320.08058 Specialty license plates.—
12 (29) CHOOSE LIFE LICENSE PLATES.—
13 (c) Choose Life license plate funds generated in counties
14 that do not have a qualified service provider or have not
15 submitted an attestation within the last 12 months shall be
16 redistributed by the department, in an equitable manner, to
17 counties having a qualified service provider. As used in this
18 subsection, the term “qualified service provider” means an
19 entity that provides medically accurate information and
20 materials with reference sources for statements of a medical
21 nature. Sources may include entities such as the Centers for
22 Disease Control and Prevention, the American College of
23 Obstetricians and Gynecologists, and peer-reviewed health
24 science journals such as the Journal of the American Medical
25 Association.
26 (32) UNITED WE STAND LICENSE PLATES.—
27 (b) The department shall retain all revenues from the sale
28 of such plates until all startup costs for developing and
29 issuing the plates have been recovered. Thereafter,
30 notwithstanding the provisions of s. 332.14, 100 percent of the
31 annual use fee shall be distributed to the Department of
32 Transportation SAFE Council for the development and
33 implementation of programs to fund a grant program to enhance
34 security at airports throughout the state, pursuant to s.
35 332.14. Up to 10 percent of the annual use fee revenue may be
36 used for administration, promotion, and marketing of the plate,
37 including the annual audit and compliance affidavit costs.
38 (35) FLORIDA GOLF LICENSE PLATES.—
39 (a) The Department of Highway Safety and Motor Vehicles
40 shall develop a Florida Golf license plate as provided in this
41 section. The word “Florida” must appear at the bottom of the
42 plate. The Dade Amateur Golf Association, following consultation
43 with the PGA TOUR, the Florida Sports Foundation, the LPGA, and
44 the PGA of America may submit a revised sample plate for
45 consideration by the department.
46 (b) The department shall distribute the Florida Golf
47 license plate annual use fee to the Dade Amateur Golf
48 Association, a s. 501(c)(3) organization Florida Sports
49 Foundation, a direct-support organization of the Office of
50 Tourism, Trade, and Economic Development. The license plate
51 annual use fees are to be annually allocated as follows:
52 1. Up to 10 5 percent of the proceeds from the annual use
53 fees may be used by the Dade Amateur Golf Association Florida
54 Sports Foundation for the administration of the Florida Junior
55 Youth Golf Program.
56 2. The Dade Amateur Golf Association shall receive the
57 first $80,000 in proceeds from the annual use fees for the
58 operation of youth golf programs in Miami-Dade County.
59 Thereafter, 15 percent of the proceeds from the annual use fees
60 shall be provided to the Dade Amateur Golf Association for the
61 operation of youth golf programs in Miami-Dade County.
62 3. The remaining proceeds from the annual use fees shall be
63 available for grants to nonprofit organizations to operate youth
64 golf programs and for marketing the Florida Golf license plates.
65 All grant recipients, including the Dade Amateur Golf
66 Association, shall be required to provide to the Dade Amateur
67 Golf Association Florida Sports Foundation an annual program and
68 financial report regarding the use of grant funds. Such reports
69 shall be made available to the public.
70 (c) The Dade Amateur Golf Association shall Florida Sports
71 Foundation may establish a Florida Junior Golf Council Youth
72 Golf Program. The Florida Junior Golf Council Youth Golf Program
73 shall assist organizations for the benefit of youth, introduce
74 young people to golf, instruct young people in golf, teach the
75 values of golf, and stress life skills, fair play, courtesy, and
76 self-discipline.
77 (d) The Dade Amateur Golf Association Florida Sports
78 Foundation shall establish a seven-member Florida Junior Golf
79 Council committee to offer advice regarding the distribution of
80 the annual use fees for grants to nonprofit organizations. The
81 council advisory committee shall consist of one member from a
82 group serving youth, one member from a group serving disabled
83 youth, and five members at large.
84 (69) FLORIDA HORSE PARK LICENSE PLATES.—
85 (a) The department shall develop a Florida Horse Park
86 license plate as provided in this section. The plate must bear
87 the colors and design approved by the department. The word
88 “Florida” must appear at the top of the plate and the words
89 “Discover Florida’s Horses” must appear at the bottom of the
90 plate.
91 (b) The annual use fees shall be distributed to the Florida
92 Agriculture Center and Horse Park Authority created by s.
93 570.952, which shall retain all proceeds until the startup costs
94 to develop and establish the plates have been recovered.
95 Thereafter, the proceeds shall be used as follows:
96 1. A maximum of 10 percent of the proceeds may be used to
97 administer the license plate program.
98 2. A maximum of 15 percent of the proceeds may be used to
99 promote and market the license plates.
100 3. The remaining fees shall be used by the authority to
101 promote the Florida Agriculture Center and Horse Park located in
102 Marion County; to support continued development of the park,
103 including the construction of additional educational facilities,
104 barns, and other structures; to provide improvements to the
105 existing infrastructure at the park; and to provide for
106 operational expenses of the park.
107 (70) LET’S GO SURFING LICENSE PLATES.—
108 (a) This subsection may be cited as the “Erik Jersted
109 Memorial Act.”
110 (b) The department shall develop a Let’s Go Surfing license
111 plate as provided in this section. Let’s Go Surfing license
112 plates must bear the colors and design approved by the
113 department. The word “Florida” must appear at the top of the
114 plate, and the words “Let’s Go Surfing” must appear at the
115 bottom of the plate.
116 (c) The license plate annual use fees shall be distributed
117 to East Coast Surfing Hall of Fame and Museum, Inc., to fund
118 activities, programs, and projects to promote Florida’s surfing
119 related tourism, preserve Florida’s surfing history and
120 heritage, preserve Florida’s surf and shores, and honor
121 lifeguards who patrol Florida’s surf and shores to protect
122 beach-goers, surfers, and others. East Coast Surfing Hall of
123 Fame and Museum, Inc., may retain all revenue from the annual
124 use fees until all startup costs for developing and establishing
125 the plate have been recovered. Thereafter, up to 25 percent of
126 the annual use fee revenue may be used for administration,
127 promotion, and marketing of the plate, including costs of the
128 annual audit and compliance affidavit.
129 (71) FRATERNAL ORDER OF POLICE LICENSE PLATES.—
130 (a)1. The department shall develop a Fraternal Order of
131 Police license plate as provided in this section. The plate must
132 bear the colors and design approved by the department. The word
133 “Florida” must appear at the top of the plate and the words
134 “Fraternal Order of Police” must appear at the bottom of the
135 plate.
136 2. The department may issue the plate only to an applicant
137 who submits a notarized letter from the Florida State Lodge of
138 the Fraternal Order of Police stating that the applicant is a
139 member of the lodge in good standing or a member of a lodge
140 member’s family, together with other fees and documents required
141 for a specialty plate.
142 (b) The annual use fees shall be distributed to the Florida
143 State Lodge of the Fraternal Order of Police, which shall retain
144 all proceeds until the startup costs to develop and establish
145 the plate have been recovered. Thereafter, the proceeds shall be
146 distributed to the Florida State Lodge Memorial Foundation of
147 the Fraternal Order of Police and used as follows:
148 1. A maximum of 25 percent of the proceeds may be used to
149 promote and market the plate, to administer the license plate
150 program, and to pay administrative costs directly associated
151 with the state Fraternal Order of Police Law Enforcement
152 Memorial.
153 2. The remaining fees shall be used by the foundation to
154 fund projects, programs, or events related to the memorial or to
155 fund improvements, maintenance, or other support for the
156 memorial.
157 (72) AUTISM LICENSE PLATES.—
158 (a) The department shall develop an Autism license plate as
159 provided in this section. Autism license plates must bear the
160 colors and design approved by the department. The word “Florida”
161 must appear at the top of the plate, and the words “Support
162 Autism Programs” must appear at the bottom of the plate.
163 (b) The proceeds from the license plate annual use fee
164 shall be distributed to Achievement and Rehabilitation Centers,
165 Inc., to fund service programs for autism and related
166 disabilities throughout the state and to operate and establish
167 programs to support individuals with autism and related
168 disabilities through direct services, evaluation, training, and
169 awareness. Achievement and Rehabilitation Centers, Inc., shall
170 establish an Autism Services Grant Council whose membership
171 shall be drawn from among stakeholders throughout the state who
172 represent the interests of individuals with autism and related
173 disabilities. The grant council shall provide grants from
174 available Autism license plate proceeds to nonprofit
175 organizations throughout the state to establish or operate
176 direct services and programs for individuals with autism and
177 related disabilities and their families or to market the Autism
178 license plate. Consideration for participation in such services
179 and programs shall be given to applicants who are children or
180 adults with autism and related disabilities and their families
181 and shall include those who are on the Agency for Persons with
182 Disabilities waiting lists for services. Achievement and
183 Rehabilitation Centers, Inc., shall also establish an Autism
184 License Plate Fund. Moneys in the fund shall be used by the
185 grant council as provided in this paragraph. All funds received
186 under this subsection must be used in this state.
187 (c) Achievement and Rehabilitation Centers, Inc., may
188 retain all proceeds from the annual use fee up to $85,000 until
189 all documented startup costs for developing and establishing the
190 plate have been recovered. Thereafter, the proceeds from the
191 annual use fee shall be used as follows:
192 1. Achievement and Rehabilitation Centers, Inc., may use up
193 to 10 percent of the proceeds from the annual use fee for all
194 administrative costs associated with the operation of the Autism
195 Services Grant Council, the Autism License Plate Fund, and the
196 programs established and operated as provided in subparagraph
197 2., including the costs of an annual audit or compliance
198 affidavit.
199 2. Achievement and Rehabilitation Centers, Inc., may use up
200 to 25 percent of the proceeds from the annual use fee to
201 establish and operate programs statewide to support individuals
202 with autism and related disabilities and their families through
203 direct services, evaluation, and training.
204 3. Achievement and Rehabilitation Centers, Inc., shall
205 disburse 15 percent of the proceeds from the annual use fee to
206 the Center for Autism and Related Disabilities at the University
207 of Miami for distribution to the seven regional autism centers
208 created under s. 1004.55. To the extent possible, the director
209 of the Center for Autism and Related Disabilities at the
210 University of Miami shall distribute funds proportionately among
211 the regional centers. The regional centers shall use the funds
212 to support the services they provide.
213 4. Achievement and Rehabilitation Centers, Inc., shall
214 disburse 50 percent of the proceeds from the annual use fee to
215 the Autism Services Grant Council, which shall provide grants to
216 nonprofit organizations throughout the state to establish or
217 operate direct services and programs for individuals with autism
218 and related disabilities and their families or to market the
219 Autism license plate.
220
221 All grant recipients, the Achievement and Rehabilitation
222 Centers, Inc., and the Center for Autism and Related
223 Disabilities at the University of Miami shall provide to the
224 Autism Services Grant Council an annual program and financial
225 report regarding the use of the proceeds from the annual use
226 fee. The report shall be made available to the public.
227 (73) GO GREEN FLORIDA LICENSE PLATES.—
228 (a) The department shall develop a Go Green Florida license
229 plate as provided in this section. The plate must bear the
230 colors and design approved by the department. The word “Florida”
231 must appear at the top of the plate, and the words “Go Green
232 Florida” must appear at the bottom of the plate. The Go Green
233 Florida emblem or logo must appear on the plate.
234 (b) The requirements of s. 320.08053 must be met before the
235 issuance of the plate.
236 (c) The proceeds from the sale of the plate shall be
237 distributed to the Coalition for Renewable Energy Solutions,
238 Inc. After reimbursement for documented costs expended to
239 establish the plates and for annual auditing costs, the
240 coalition shall use the proceeds of the annual use fees in the
241 following manner:
242 1. A maximum of 5 percent shall be used for administrative
243 costs directly associated with the management and distribution
244 of the proceeds.
245 2. A maximum of 25 percent shall be used for the continuing
246 statewide promotion and marketing of the plate.
247 3. Seventy percent shall be used to fund the Renewable
248 Energy and Energy Efficient Technology Grants program pursuant
249 to s. 377.804, the Solar Energy System Incentives program
250 pursuant to s. 377.806, under the Florida Energy and Climate
251 Commission, or other educational programs dedicated to providing
252 effective alternative energy practices.
253 (d) The coalition shall comply with the financial audit
254 requirements of s. 320.08062.
255 (e) The Go Green Florida emblem or logo may be used as a
256 decal by the department in recognition of energy-efficient
257 vehicle usage and practices. However, the display of the decal
258 is not a substitute for a license plate.
259 (74) CATCH ME, RELEASE ME LICENSE PLATES.—
260 (a) The department shall develop a Catch Me, Release Me
261 license plate as provided in this section. The plates must bear
262 the colors and design approved by the department. The word
263 “Florida” must appear at the top of the plate, and the words
264 “Catch Me, Release Me” must appear at the bottom of the plate.
265 (b) The annual use fees shall be distributed to the Guy
266 Harvey Ocean Foundation, Inc., which shall administer the fees
267 as follows:
268 1. The foundation shall retain the first $60,000 of the
269 annual use fees as direct reimbursement for administrative
270 costs, startup costs, and costs incurred in the development and
271 approval of the plates. Thereafter, up to 15 percent of the
272 annual use fees may be used for administrative costs directly
273 associated with the operation of the foundation and up to 10
274 percent may be used for promotion and marketing of the plate.
275 2. Any remaining funds shall be used by the foundation to
276 fund scientific research related to marine issues, including
277 research of free-ranging pelagic marine species that inhabit,
278 use, or migrate through the waters of this state, and to fund
279 conservation initiatives and education and public outreach
280 programs for school-aged children.
281 (75) ENDLESS SUMMER LICENSE PLATES.—
282 (a) The department shall develop an Endless Summer license
283 plate as provided in this section. Endless Summer license plates
284 must bear the colors and design approved by the department. The
285 word “Florida” must appear at the top of the plate, and the
286 words “Endless Summer” must appear at the bottom of the plate.
287 (b) The license plate annual use fees shall be distributed
288 to Surfing’s Evolution & Preservation Corporation to fund its
289 activities, programs, and projects aimed at preserving the sport
290 of surfing. Surfing’s Evolution & Preservation Corporation may
291 retain all revenue from the annual use fees until all startup
292 costs for developing and establishing the plate have been
293 recovered. Thereafter, up to 25 percent of the annual use fee
294 revenue may be used for promotion and marketing of the specialty
295 license plate and administrative costs directly associated with
296 the corporation’s programs and the specialty license plate.
297 Surfing’s Evolution & Preservation Corporation shall use the
298 remaining funds as follows:
299 1. To fund the proposed Surfing’s Evolution & Preservation
300 Experience project.
301 2. To provide funds for the provision of lifeguards or the
302 building of artificial reefs.
303 3. To provide funds to organizations that house the history
304 and artifacts of surfing or promote the sport through exhibits,
305 lectures, and events.
306 4. To support programs and events of other organizations
307 that support beaches and oceans and promote education on beach
308 safety, coastal pollution, and beach ecology.
309 (76) ST. JOHNS RIVER LICENSE PLATES.—
310 (a) The department shall develop a St. Johns River license
311 plate as provided in this section. The St. Johns River license
312 plates must bear the colors and design approved by the
313 department. The word “Florida” must appear at the top of the
314 plate, and the words “St. Johns River” must appear at the bottom
315 of the plate.
316 (b) The requirements of s. 320.08053 must be met prior to
317 the issuance of the plate. Thereafter, the license plate annual
318 use fees shall be distributed to the St. Johns River Alliance,
319 Inc., a 501(c)(3) nonprofit organization, which shall administer
320 the fees as follows:
321 1. The St. Johns River Alliance, Inc., shall retain the
322 first $60,000 of the annual use fees as direct reimbursement for
323 administrative costs, startup costs, and costs incurred in the
324 development and approval process. Thereafter, up to 10 percent
325 of the annual use fee revenue may be used for administrative
326 costs directly associated with education programs, conservation,
327 research, and grant administration of the organization and up to
328 10 percent may be used for promotion and marketing of the
329 specialty license plate.
330 2. At least 30 percent of the fees shall be available for
331 competitive grants for targeted community-based or county-based
332 research or projects for which state funding is limited or not
333 currently available. The remaining 50 percent shall be directed
334 toward community outreach and access programs. The competitive
335 grants shall be administered and approved by the board of
336 directors of the St. Johns River Alliance, Inc. A grant advisory
337 committee shall be composed of six members chosen by the St.
338 Johns River Alliance board members.
339 3. Any remaining funds shall be distributed with the
340 approval of and accountability to the board of directors of the
341 St. Johns River Alliance, Inc., and shall be used to support
342 activities contributing to education, outreach, and springs
343 conservation.
344 (77) FLORIDA BIODIVERSITY FOUNDATION LICENSE PLATES.—
345 (a) The department shall develop a Florida Biodiversity
346 Foundation license plate as provided in this section. Florida
347 Biodiversity Foundation license plates must bear the colors and
348 design approved by the department. The word “Florida” must
349 appear at the top of the plate, and the words “Save Wild
350 Florida” must appear at the bottom of the plate.
351 (b) The annual use fees shall be distributed to the Florida
352 Biodiversity Foundation, Inc., which shall retain 50 percent of
353 the proceeds until the startup costs to develop and establish
354 the plates have been recovered. Thereafter, the proceeds shall
355 be used as follows:
356 1. A maximum of 25 percent of the proceeds may be used to
357 fund the administrative, promotion, and marketing costs of the
358 license plate program and the foundation.
359 2. The remaining fees shall be used by the foundation to
360 fund research, education, and scientific study of the diversity
361 of animals and plants and to aid in the preservation, study,
362 conservation, and recovery of imperiled organisms.
363
364 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
365 And the directory clause is amended as follows:
366 Delete lines 5 - 7
367 and insert:
368 Section 1. Paragraph (cc) of subsection (4) of section
369 320.08056, Florida Statutes, is amended, and paragraphs (qqq)
370 through (yyy) are added to that section to read:
371
372 ================= T I T L E A M E N D M E N T ================
373 And the title is amended as follows:
374 Delete lines 371 - 377
375 and insert:
376 sale of the United We Stand license plate; revising
377 authorized uses of proceeds received from the sale of
378 the Florida Golf license plate; creating a Florida
379 Horse Park license plate; a Let’s Go Surfing license
380 plate; a Fraternal Order of Police license plate; an
381 Autism license plate; a Go Green Florida license
382 plate; a Catch Me, Release Me license plate; an
383 Endless Summer license plate; a St. Johns River
384 license plate; and a Florida Biodiversity Foundation
385 license plate; providing for