Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS/CS/HB 239, 2nd Eng.
Barcode 825364
LEGISLATIVE ACTION
Senate . House
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Senator King 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, and subsections (69), (70),
9 (71), (72), (73), (74), (75), (76), and (77), are added to that
10 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.
18 (32) UNITED WE STAND LICENSE PLATES.—
19 (b) The department shall retain all revenues from the sale
20 of such plates until all startup costs for developing and
21 issuing the plates have been recovered. Thereafter,
22 notwithstanding the provisions of s. 332.14, 100 percent of the
23 annual use fee shall be distributed to the Department of
24 Transportation SAFE Council for the development and
25 implementation of programs to fund a grant program to enhance
26 security at airports throughout the state, pursuant to s.
27 332.14. Up to 10 percent of the annual use fee revenue may be
28 used for administration, promotion, and marketing of the plate,
29 including the annual audit and compliance affidavit costs.
30 (69) FLORIDA HORSE PARK LICENSE PLATES.—
31 (a) The department shall develop a Florida Horse Park
32 license plate as provided in this section. The plate must bear
33 the colors and design approved by the department. The word
34 “Florida” must appear at the top of the plate and the words
35 “Discover Florida’s Horses” must appear at the bottom of the
36 plate.
37 (b) The annual use fees shall be distributed to the Florida
38 Agriculture Center and Horse Park Authority created by s.
39 570.952, which shall retain all proceeds until the startup costs
40 to develop and establish the plates have been recovered.
41 Thereafter, the proceeds shall be used as follows:
42 1. A maximum of 10 percent of the proceeds may be used to
43 administer the license plate program.
44 2. A maximum of 15 percent of the proceeds may be used to
45 promote and market the license plates.
46 3. The remaining fees shall be used by the authority to
47 promote the Florida Agriculture Center and Horse Park located in
48 Marion County; to support continued development of the park,
49 including the construction of additional educational facilities,
50 barns, and other structures; to provide improvements to the
51 existing infrastructure at the park; and to provide for
52 operational expenses of the park.
53 (70) LET’S GO SURFING LICENSE PLATES.—
54 (a) This subsection may be cited as the “Erik Jersted
55 Memorial Act.”
56 (b) The department shall develop a Let’s Go Surfing license
57 plate as provided in this section. Let’s Go Surfing license
58 plates must bear the colors and design approved by the
59 department. The word “Florida” must appear at the top of the
60 plate, and the words “Let’s Go Surfing” must appear at the
61 bottom of the plate.
62 (c) The license plate annual use fees shall be distributed
63 to East Coast Surfing Hall of Fame and Museum, Inc., to fund
64 activities, programs, and projects to promote Florida’s surfing
65 related tourism, preserve Florida’s surfing history and
66 heritage, preserve Florida’s surf and shores, and honor
67 lifeguards who patrol Florida’s surf and shores to protect
68 beach-goers, surfers, and others. East Coast Surfing Hall of
69 Fame and Museum, Inc., may retain all revenue from the annual
70 use fees until all startup costs for developing and establishing
71 the plate have been recovered. Thereafter, up to 25 percent of
72 the annual use fee revenue may be used for administration,
73 promotion, and marketing of the plate, including costs of the
74 annual audit and compliance affidavit.
75 (71) FRATERNAL ORDER OF POLICE LICENSE PLATES.—
76 (a)1. The department shall develop a Fraternal Order of
77 Police license plate as provided in this section. The plate must
78 bear the colors and design approved by the department. The word
79 “Florida” must appear at the top of the plate and the words
80 “Fraternal Order of Police” must appear at the bottom of the
81 plate.
82 2. The department may issue the plate only to an applicant
83 who submits a notarized letter from the Florida State Lodge of
84 the Fraternal Order of Police stating that the applicant is a
85 member of the lodge in good standing or a member of a lodge
86 member’s family, together with other fees and documents required
87 for a specialty plate.
88 (b) The annual use fees shall be distributed to the Florida
89 State Lodge of the Fraternal Order of Police, which shall retain
90 all proceeds until the startup costs to develop and establish
91 the plate have been recovered. Thereafter, the proceeds shall be
92 distributed to the Florida State Lodge Memorial Foundation of
93 the Fraternal Order of Police and used as follows:
94 1. A maximum of 25 percent of the proceeds may be used to
95 promote and market the plate, to administer the license plate
96 program, and to pay administrative costs directly associated
97 with the state Fraternal Order of Police Law Enforcement
98 Memorial.
99 2. The remaining fees shall be used by the foundation to
100 fund projects, programs, or events related to the memorial or to
101 fund improvements, maintenance, or other support for the
102 memorial.
103 (72) AUTISM LICENSE PLATES.—
104 (a) The department shall develop an Autism license plate as
105 provided in this section. Autism license plates must bear the
106 colors and design approved by the department. The word “Florida”
107 must appear at the top of the plate, and the words “Support
108 Autism Programs” must appear at the bottom of the plate.
109 (b) The proceeds from the license plate annual use fee
110 shall be distributed to Achievement and Rehabilitation Centers,
111 Inc., to fund service programs for autism and related
112 disabilities throughout the state and to operate and establish
113 programs to support individuals with autism and related
114 disabilities through direct services, evaluation, training, and
115 awareness. Achievement and Rehabilitation Centers, Inc., shall
116 establish an Autism Services Grant Council whose membership
117 shall be drawn from among stakeholders throughout the state who
118 represent the interests of individuals with autism and related
119 disabilities. The grant council shall provide grants from
120 available Autism license plate proceeds to nonprofit
121 organizations throughout the state to establish or operate
122 direct services and programs for individuals with autism and
123 related disabilities and their families or to market the Autism
124 license plate. Consideration for participation in such services
125 and programs shall be given to applicants who are children or
126 adults with autism and related disabilities and their families
127 and shall include those who are on the Agency for Persons with
128 Disabilities waiting lists for services. Achievement and
129 Rehabilitation Centers, Inc., shall also establish an Autism
130 License Plate Fund. Moneys in the fund shall be used by the
131 grant council as provided in this paragraph. All funds received
132 under this subsection must be used in this state.
133 (c) Achievement and Rehabilitation Centers, Inc., may
134 retain all proceeds from the annual use fee up to $85,000 until
135 all documented startup costs for developing and establishing the
136 plate have been recovered. Thereafter, the proceeds from the
137 annual use fee shall be used as follows:
138 1. Achievement and Rehabilitation Centers, Inc., may use up
139 to 10 percent of the proceeds from the annual use fee for all
140 administrative costs associated with the operation of the Autism
141 Services Grant Council, the Autism License Plate Fund, and the
142 programs established and operated as provided in subparagraph
143 2., including the costs of an annual audit or compliance
144 affidavit.
145 2. Achievement and Rehabilitation Centers, Inc., may use up
146 to 25 percent of the proceeds from the annual use fee to
147 establish and operate programs statewide to support individuals
148 with autism and related disabilities and their families through
149 direct services, evaluation, and training.
150 3. Achievement and Rehabilitation Centers, Inc., shall
151 disburse 15 percent of the proceeds from the annual use fee to
152 the Center for Autism and Related Disabilities at the University
153 of Miami for distribution to the seven regional autism centers
154 created under s. 1004.55. To the extent possible, the director
155 of the Center for Autism and Related Disabilities at the
156 University of Miami shall distribute funds proportionately among
157 the regional centers. The regional centers shall use the funds
158 to support the services they provide.
159 4. Achievement and Rehabilitation Centers, Inc., shall
160 disburse 50 percent of the proceeds from the annual use fee to
161 the Autism Services Grant Council, which shall provide grants to
162 nonprofit organizations throughout the state to establish or
163 operate direct services and programs for individuals with autism
164 and related disabilities and their families or to market the
165 Autism license plate.
166
167 All grant recipients, the Achievement and Rehabilitation
168 Centers, Inc., and the Center for Autism and Related
169 Disabilities at the University of Miami shall provide to the
170 Autism Services Grant Council an annual program and financial
171 report regarding the use of the proceeds from the annual use
172 fee. The report shall be made available to the public.
173 (73) GO GREEN FLORIDA LICENSE PLATES.—
174 (a) The department shall develop a Go Green Florida license
175 plate as provided in this section. The plate must bear the
176 colors and design approved by the department. The word “Florida”
177 must appear at the top of the plate, and the words “Go Green
178 Florida” must appear at the bottom of the plate. The Go Green
179 Florida emblem or logo must appear on the plate.
180 (b) The requirements of s. 320.08053 must be met before the
181 issuance of the plate.
182 (c) The proceeds from the sale of the plate shall be
183 distributed to the Coalition for Renewable Energy Solutions,
184 Inc. After reimbursement for documented costs expended to
185 establish the plates and for annual auditing costs, the
186 coalition shall use the proceeds of the annual use fees in the
187 following manner:
188 1. A maximum of 5 percent shall be used for administrative
189 costs directly associated with the management and distribution
190 of the proceeds.
191 2. A maximum of 25 percent shall be used for the continuing
192 statewide promotion and marketing of the plate.
193 3. Seventy percent shall be used to fund the Renewable
194 Energy and Energy Efficient Technology Grants program pursuant
195 to s. 377.804, the Solar Energy System Incentives program
196 pursuant to s. 377.806, under the Florida Energy and Climate
197 Commission, or other educational programs dedicated to providing
198 effective alternative energy practices.
199 (d) The coalition shall comply with the financial audit
200 requirements of s. 320.08062.
201 (e) The Go Green Florida emblem or logo may be used as a
202 decal by the department in recognition of energy-efficient
203 vehicle usage and practices. However, the display of the decal
204 is not a substitute for a license plate.
205 (74) CATCH ME, RELEASE ME LICENSE PLATES.—
206 (a) The department shall develop a Catch Me, Release Me
207 license plate as provided in this section. The plates must bear
208 the colors and design approved by the department. The word
209 “Florida” must appear at the top of the plate, and the words
210 “Catch Me, Release Me” must appear at the bottom of the plate.
211 (b) The annual use fees shall be distributed to the Guy
212 Harvey Ocean Foundation, Inc., which shall administer the fees
213 as follows:
214 1. The foundation shall retain the first $60,000 of the
215 annual use fees as direct reimbursement for administrative
216 costs, startup costs, and costs incurred in the development and
217 approval of the plates. Thereafter, up to 15 percent of the
218 annual use fees may be used for administrative costs directly
219 associated with the operation of the foundation and up to 10
220 percent may be used for promotion and marketing of the plate.
221 2. Any remaining funds shall be used by the foundation to
222 fund scientific research related to marine issues, including
223 research of free-ranging pelagic marine species that inhabit,
224 use, or migrate through the waters of this state, and to fund
225 conservation initiatives and education and public outreach
226 programs for school-aged children.
227 (75) ENDLESS SUMMER LICENSE PLATES.—
228 (a) The department shall develop an Endless Summer license
229 plate as provided in this section. Endless Summer license plates
230 must bear the colors and design approved by the department. The
231 word “Florida” must appear at the top of the plate, and the
232 words “Endless Summer” must appear at the bottom of the plate.
233 (b) The license plate annual use fees shall be distributed
234 to Surfing’s Evolution & Preservation Corporation to fund its
235 activities, programs, and projects aimed at preserving the sport
236 of surfing. Surfing’s Evolution & Preservation Corporation may
237 retain all revenue from the annual use fees until all startup
238 costs for developing and establishing the plate have been
239 recovered. Thereafter, up to 25 percent of the annual use fee
240 revenue may be used for promotion and marketing of the specialty
241 license plate and administrative costs directly associated with
242 the corporation’s programs and the specialty license plate.
243 Surfing’s Evolution & Preservation Corporation shall use the
244 remaining funds as follows:
245 1. To fund the proposed Surfing’s Evolution & Preservation
246 Experience project.
247 2. To provide funds for the provision of lifeguards or the
248 building of artificial reefs.
249 3. To provide funds to organizations that house the history
250 and artifacts of surfing or promote the sport through exhibits,
251 lectures, and events.
252 4. To support programs and events of other organizations
253 that support beaches and oceans and promote education on beach
254 safety, coastal pollution, and beach ecology.
255 (76) ST. JOHNS RIVER LICENSE PLATES.—
256 (a) The department shall develop a St. Johns River license
257 plate as provided in this section. The St. Johns River license
258 plates must bear the colors and design approved by the
259 department. The word “Florida” must appear at the top of the
260 plate, and the words “St. Johns River” must appear at the bottom
261 of the plate.
262 (b) The requirements of s. 320.08053 must be met prior to
263 the issuance of the plate. Thereafter, the license plate annual
264 use fees shall be distributed to the St. Johns River Alliance,
265 Inc., a 501(c)(3) nonprofit organization, which shall administer
266 the fees as follows:
267 1. The St. Johns River Alliance, Inc., shall retain the
268 first $60,000 of the annual use fees as direct reimbursement for
269 administrative costs, startup costs, and costs incurred in the
270 development and approval process. Thereafter, up to 10 percent
271 of the annual use fee revenue may be used for administrative
272 costs directly associated with education programs, conservation,
273 research, and grant administration of the organization and up to
274 10 percent may be used for promotion and marketing of the
275 specialty license plate.
276 2. At least 30 percent of the fees shall be available for
277 competitive grants for targeted community-based or county-based
278 research or projects for which state funding is limited or not
279 currently available. The remaining 50 percent shall be directed
280 toward community outreach and access programs. The competitive
281 grants shall be administered and approved by the board of
282 directors of the St. Johns River Alliance, Inc. A grant advisory
283 committee shall be composed of six members chosen by the St.
284 Johns River Alliance board members.
285 3. Any remaining funds shall be distributed with the
286 approval of and accountability to the board of directors of the
287 St. Johns River Alliance, Inc., and shall be used to support
288 activities contributing to education, outreach, and springs
289 conservation.
290 (77) FLORIDA BIODIVERSITY FOUNDATION LICENSE PLATES.—
291 (a) The department shall develop a Florida Biodiversity
292 Foundation license plate as provided in this section. Florida
293 Biodiversity Foundation license plates must bear the colors and
294 design approved by the department. The word “Florida” must
295 appear at the top of the plate, and the words “Save Wild
296 Florida” must appear at the bottom of the plate.
297 (b) The annual use fees shall be distributed to the Florida
298 Biodiversity Foundation, Inc., which shall retain 50 percent of
299 the proceeds until the startup costs to develop and establish
300 the plates have been recovered. Thereafter, the proceeds shall
301 be used as follows:
302 1. A maximum of 25 percent of the proceeds may be used to
303 fund the administrative, promotion, and marketing costs of the
304 license plate program and the foundation.
305 2. The remaining fees shall be used by the foundation to
306 fund research, education, and scientific study of the diversity
307 of animals and plants and to aid in the preservation, study,
308 conservation, and recovery of imperiled organisms.
309
310 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
311 And the directory clause is amended as follows:
312 Delete lines 5 - 7
313 and insert:
314 Section 1. Paragraph (cc) of subsection (4) of section
315 320.08056, Florida Statutes, is amended, and paragraphs (qqq)
316 through (yyy) are added to that section to read:
317
318 ================= T I T L E A M E N D M E N T ================
319 And the title is amended as follows:
320 Delete lines 371 - 377
321 and insert:
322 sale of the United We Stand license plate; creating a
323 Florida Horse Park license plate; a Let’s Go Surfing
324 license plate; a Fraternal Order of Police license
325 plate; an Autism license plate; a Go Green Florida
326 license plate; a Catch Me, Release Me license plate;
327 an Endless Summer license plate; a St. Johns River
328 license plate; and a Florida Biodiversity Foundation
329 license plate; providing for