Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS/CS/HB 239, 2nd Eng.
Barcode 827232
LEGISLATIVE ACTION
Senate . House
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Senator Ring moved the following:
1 Senate Amendment to Amendment (644696) (with directory and
2 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.
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 (35) FLORIDA GOLF LICENSE PLATES.—
31 (a) The Department of Highway Safety and Motor Vehicles
32 shall develop a Florida Golf license plate as provided in this
33 section. The word “Florida” must appear at the bottom of the
34 plate. The Dade Amateur Golf Association, following consultation
35 with the PGA TOUR, the Florida Sports Foundation, the LPGA, and
36 the PGA of America may submit a revised sample plate for
37 consideration by the department.
38 (b) The department shall distribute the Florida Golf
39 license plate annual use fee to the Dade Amateur Golf
40 Association, a s. 501(c)(3) organization Florida Sports
41 Foundation, a direct-support organization of the Office of
42 Tourism, Trade, and Economic Development. The license plate
43 annual use fees are to be annually allocated as follows:
44 1. Up to 10 5 percent of the proceeds from the annual use
45 fees may be used by the Dade Amateur Golf Association Florida
46 Sports Foundation for the administration of the Florida Junior
47 Youth Golf Program.
48 2. The Dade Amateur Golf Association shall receive the
49 first $80,000 in proceeds from the annual use fees for the
50 operation of youth golf programs in Miami-Dade County.
51 Thereafter, 15 percent of the proceeds from the annual use fees
52 shall be provided to the Dade Amateur Golf Association for the
53 operation of youth golf programs in Miami-Dade County.
54 3. The remaining proceeds from the annual use fees shall be
55 available for grants to nonprofit organizations to operate youth
56 golf programs and for marketing the Florida Golf license plates.
57 All grant recipients, including the Dade Amateur Golf
58 Association, shall be required to provide to the Dade Amateur
59 Golf Association Florida Sports Foundation an annual program and
60 financial report regarding the use of grant funds. Such reports
61 shall be made available to the public.
62 (c) The Dade Amateur Golf Association shall Florida Sports
63 Foundation may establish a Florida Junior Golf Council Youth
64 Golf Program. The Florida Junior Golf Council Youth Golf Program
65 shall assist organizations for the benefit of youth, introduce
66 young people to golf, instruct young people in golf, teach the
67 values of golf, and stress life skills, fair play, courtesy, and
68 self-discipline.
69 (d) The Dade Amateur Golf Association Florida Sports
70 Foundation shall establish a seven-member Florida Junior Golf
71 Council committee to offer advice regarding the distribution of
72 the annual use fees for grants to nonprofit organizations. The
73 council advisory committee shall consist of one member from a
74 group serving youth, one member from a group serving disabled
75 youth, and five members at large.
76 (69) FLORIDA HORSE PARK LICENSE PLATES.—
77 (a) The department shall develop a Florida Horse Park
78 license plate as provided in this section. The plate must bear
79 the colors and design approved by the department. The word
80 “Florida” must appear at the top of the plate and the words
81 “Discover Florida’s Horses” must appear at the bottom of the
82 plate.
83 (b) The annual use fees shall be distributed to the Florida
84 Agriculture Center and Horse Park Authority created by s.
85 570.952, which shall retain all proceeds until the startup costs
86 to develop and establish the plates have been recovered.
87 Thereafter, the proceeds shall be used as follows:
88 1. A maximum of 10 percent of the proceeds may be used to
89 administer the license plate program.
90 2. A maximum of 15 percent of the proceeds may be used to
91 promote and market the license plates.
92 3. The remaining fees shall be used by the authority to
93 promote the Florida Agriculture Center and Horse Park located in
94 Marion County; to support continued development of the park,
95 including the construction of additional educational facilities,
96 barns, and other structures; to provide improvements to the
97 existing infrastructure at the park; and to provide for
98 operational expenses of the park.
99 (70) LET’S GO SURFING LICENSE PLATES.—
100 (a) This subsection may be cited as the “Erik Jersted
101 Memorial Act.”
102 (b) The department shall develop a Let’s Go Surfing license
103 plate as provided in this section. Let’s Go Surfing license
104 plates must bear the colors and design approved by the
105 department. The word “Florida” must appear at the top of the
106 plate, and the words “Let’s Go Surfing” must appear at the
107 bottom of the plate.
108 (c) The license plate annual use fees shall be distributed
109 to East Coast Surfing Hall of Fame and Museum, Inc., to fund
110 activities, programs, and projects to promote Florida’s surfing
111 related tourism, preserve Florida’s surfing history and
112 heritage, preserve Florida’s surf and shores, and honor
113 lifeguards who patrol Florida’s surf and shores to protect
114 beach-goers, surfers, and others. East Coast Surfing Hall of
115 Fame and Museum, Inc., may retain all revenue from the annual
116 use fees until all startup costs for developing and establishing
117 the plate have been recovered. Thereafter, up to 25 percent of
118 the annual use fee revenue may be used for administration,
119 promotion, and marketing of the plate, including costs of the
120 annual audit and compliance affidavit.
121 (71) FRATERNAL ORDER OF POLICE LICENSE PLATES.—
122 (a)1. The department shall develop a Fraternal Order of
123 Police license plate as provided in this section. The plate must
124 bear the colors and design approved by the department. The word
125 “Florida” must appear at the top of the plate and the words
126 “Fraternal Order of Police” must appear at the bottom of the
127 plate.
128 2. The department may issue the plate only to an applicant
129 who submits a notarized letter from the Florida State Lodge of
130 the Fraternal Order of Police stating that the applicant is a
131 member of the lodge in good standing or a member of a lodge
132 member’s family, together with other fees and documents required
133 for a specialty plate.
134 (b) The annual use fees shall be distributed to the Florida
135 State Lodge of the Fraternal Order of Police, which shall retain
136 all proceeds until the startup costs to develop and establish
137 the plate have been recovered. Thereafter, the proceeds shall be
138 distributed to the Florida State Lodge Memorial Foundation of
139 the Fraternal Order of Police and used as follows:
140 1. A maximum of 25 percent of the proceeds may be used to
141 promote and market the plate, to administer the license plate
142 program, and to pay administrative costs directly associated
143 with the state Fraternal Order of Police Law Enforcement
144 Memorial.
145 2. The remaining fees shall be used by the foundation to
146 fund projects, programs, or events related to the memorial or to
147 fund improvements, maintenance, or other support for the
148 memorial.
149 (72) AUTISM LICENSE PLATES.—
150 (a) The department shall develop an Autism license plate as
151 provided in this section. Autism license plates must bear the
152 colors and design approved by the department. The word “Florida”
153 must appear at the top of the plate, and the words “Support
154 Autism Programs” must appear at the bottom of the plate.
155 (b) The proceeds from the license plate annual use fee
156 shall be distributed to Achievement and Rehabilitation Centers,
157 Inc., to fund service programs for autism and related
158 disabilities throughout the state and to operate and establish
159 programs to support individuals with autism and related
160 disabilities through direct services, evaluation, training, and
161 awareness. Achievement and Rehabilitation Centers, Inc., shall
162 establish an Autism Services Grant Council whose membership
163 shall be drawn from among stakeholders throughout the state who
164 represent the interests of individuals with autism and related
165 disabilities. The grant council shall provide grants from
166 available Autism license plate proceeds to nonprofit
167 organizations throughout the state to establish or operate
168 direct services and programs for individuals with autism and
169 related disabilities and their families or to market the Autism
170 license plate. Consideration for participation in such services
171 and programs shall be given to applicants who are children or
172 adults with autism and related disabilities and their families
173 and shall include those who are on the Agency for Persons with
174 Disabilities waiting lists for services. Achievement and
175 Rehabilitation Centers, Inc., shall also establish an Autism
176 License Plate Fund. Moneys in the fund shall be used by the
177 grant council as provided in this paragraph. All funds received
178 under this subsection must be used in this state.
179 (c) Achievement and Rehabilitation Centers, Inc., may
180 retain all proceeds from the annual use fee up to $85,000 until
181 all documented startup costs for developing and establishing the
182 plate have been recovered. Thereafter, the proceeds from the
183 annual use fee shall be used as follows:
184 1. Achievement and Rehabilitation Centers, Inc., may use up
185 to 10 percent of the proceeds from the annual use fee for all
186 administrative costs associated with the operation of the Autism
187 Services Grant Council, the Autism License Plate Fund, and the
188 programs established and operated as provided in subparagraph
189 2., including the costs of an annual audit or compliance
190 affidavit.
191 2. Achievement and Rehabilitation Centers, Inc., may use up
192 to 25 percent of the proceeds from the annual use fee to
193 establish and operate programs statewide to support individuals
194 with autism and related disabilities and their families through
195 direct services, evaluation, and training.
196 3. Achievement and Rehabilitation Centers, Inc., shall
197 disburse 15 percent of the proceeds from the annual use fee to
198 the Center for Autism and Related Disabilities at the University
199 of Miami for distribution to the seven regional autism centers
200 created under s. 1004.55. To the extent possible, the director
201 of the Center for Autism and Related Disabilities at the
202 University of Miami shall distribute funds proportionately among
203 the regional centers. The regional centers shall use the funds
204 to support the services they provide.
205 4. Achievement and Rehabilitation Centers, Inc., shall
206 disburse 50 percent of the proceeds from the annual use fee to
207 the Autism Services Grant Council, which shall provide grants to
208 nonprofit organizations throughout the state to establish or
209 operate direct services and programs for individuals with autism
210 and related disabilities and their families or to market the
211 Autism license plate.
212
213 All grant recipients, the Achievement and Rehabilitation
214 Centers, Inc., and the Center for Autism and Related
215 Disabilities at the University of Miami shall provide to the
216 Autism Services Grant Council an annual program and financial
217 report regarding the use of the proceeds from the annual use
218 fee. The report shall be made available to the public.
219 (73) GO GREEN FLORIDA LICENSE PLATES.—
220 (a) The department shall develop a Go Green Florida license
221 plate as provided in this section. The plate must bear the
222 colors and design approved by the department. The word “Florida”
223 must appear at the top of the plate, and the words “Go Green
224 Florida” must appear at the bottom of the plate. The Go Green
225 Florida emblem or logo must appear on the plate.
226 (b) The requirements of s. 320.08053 must be met before the
227 issuance of the plate.
228 (c) The proceeds from the sale of the plate shall be
229 distributed to the Coalition for Renewable Energy Solutions,
230 Inc. After reimbursement for documented costs expended to
231 establish the plates and for annual auditing costs, the
232 coalition shall use the proceeds of the annual use fees in the
233 following manner:
234 1. A maximum of 5 percent shall be used for administrative
235 costs directly associated with the management and distribution
236 of the proceeds.
237 2. A maximum of 25 percent shall be used for the continuing
238 statewide promotion and marketing of the plate.
239 3. Seventy percent shall be used to fund the Renewable
240 Energy and Energy Efficient Technology Grants program pursuant
241 to s. 377.804, the Solar Energy System Incentives program
242 pursuant to s. 377.806, under the Florida Energy and Climate
243 Commission, or other educational programs dedicated to providing
244 effective alternative energy practices.
245 (d) The coalition shall comply with the financial audit
246 requirements of s. 320.08062.
247 (e) The Go Green Florida emblem or logo may be used as a
248 decal by the department in recognition of energy-efficient
249 vehicle usage and practices. However, the display of the decal
250 is not a substitute for a license plate.
251 (74) CATCH ME, RELEASE ME LICENSE PLATES.—
252 (a) The department shall develop a Catch Me, Release Me
253 license plate as provided in this section. The plates must bear
254 the colors and design approved by the department. The word
255 “Florida” must appear at the top of the plate, and the words
256 “Catch Me, Release Me” must appear at the bottom of the plate.
257 (b) The annual use fees shall be distributed to the Guy
258 Harvey Ocean Foundation, Inc., which shall administer the fees
259 as follows:
260 1. The foundation shall retain the first $60,000 of the
261 annual use fees as direct reimbursement for administrative
262 costs, startup costs, and costs incurred in the development and
263 approval of the plates. Thereafter, up to 15 percent of the
264 annual use fees may be used for administrative costs directly
265 associated with the operation of the foundation and up to 10
266 percent may be used for promotion and marketing of the plate.
267 2. Any remaining funds shall be used by the foundation to
268 fund scientific research related to marine issues, including
269 research of free-ranging pelagic marine species that inhabit,
270 use, or migrate through the waters of this state, and to fund
271 conservation initiatives and education and public outreach
272 programs for school-aged children.
273 (75) ENDLESS SUMMER LICENSE PLATES.—
274 (a) The department shall develop an Endless Summer license
275 plate as provided in this section. Endless Summer license plates
276 must bear the colors and design approved by the department. The
277 word “Florida” must appear at the top of the plate, and the
278 words “Endless Summer” must appear at the bottom of the plate.
279 (b) The license plate annual use fees shall be distributed
280 to Surfing’s Evolution & Preservation Corporation to fund its
281 activities, programs, and projects aimed at preserving the sport
282 of surfing. Surfing’s Evolution & Preservation Corporation may
283 retain all revenue from the annual use fees until all startup
284 costs for developing and establishing the plate have been
285 recovered. Thereafter, up to 25 percent of the annual use fee
286 revenue may be used for promotion and marketing of the specialty
287 license plate and administrative costs directly associated with
288 the corporation’s programs and the specialty license plate.
289 Surfing’s Evolution & Preservation Corporation shall use the
290 remaining funds as follows:
291 1. To fund the proposed Surfing’s Evolution & Preservation
292 Experience project.
293 2. To provide funds for the provision of lifeguards or the
294 building of artificial reefs.
295 3. To provide funds to organizations that house the history
296 and artifacts of surfing or promote the sport through exhibits,
297 lectures, and events.
298 4. To support programs and events of other organizations
299 that support beaches and oceans and promote education on beach
300 safety, coastal pollution, and beach ecology.
301 (76) ST. JOHNS RIVER LICENSE PLATES.—
302 (a) The department shall develop a St. Johns River license
303 plate as provided in this section. The St. Johns River license
304 plates must bear the colors and design approved by the
305 department. The word “Florida” must appear at the top of the
306 plate, and the words “St. Johns River” must appear at the bottom
307 of the plate.
308 (b) The requirements of s. 320.08053 must be met prior to
309 the issuance of the plate. Thereafter, the license plate annual
310 use fees shall be distributed to the St. Johns River Alliance,
311 Inc., a 501(c)(3) nonprofit organization, which shall administer
312 the fees as follows:
313 1. The St. Johns River Alliance, Inc., shall retain the
314 first $60,000 of the annual use fees as direct reimbursement for
315 administrative costs, startup costs, and costs incurred in the
316 development and approval process. Thereafter, up to 10 percent
317 of the annual use fee revenue may be used for administrative
318 costs directly associated with education programs, conservation,
319 research, and grant administration of the organization and up to
320 10 percent may be used for promotion and marketing of the
321 specialty license plate.
322 2. At least 30 percent of the fees shall be available for
323 competitive grants for targeted community-based or county-based
324 research or projects for which state funding is limited or not
325 currently available. The remaining 50 percent shall be directed
326 toward community outreach and access programs. The competitive
327 grants shall be administered and approved by the board of
328 directors of the St. Johns River Alliance, Inc. A grant advisory
329 committee shall be composed of six members chosen by the St.
330 Johns River Alliance board members.
331 3. Any remaining funds shall be distributed with the
332 approval of and accountability to the board of directors of the
333 St. Johns River Alliance, Inc., and shall be used to support
334 activities contributing to education, outreach, and springs
335 conservation.
336 (77) FLORIDA BIODIVERSITY FOUNDATION LICENSE PLATES.—
337 (a) The department shall develop a Florida Biodiversity
338 Foundation license plate as provided in this section. Florida
339 Biodiversity Foundation license plates must bear the colors and
340 design approved by the department. The word “Florida” must
341 appear at the top of the plate, and the words “Save Wild
342 Florida” must appear at the bottom of the plate.
343 (b) The annual use fees shall be distributed to the Florida
344 Biodiversity Foundation, Inc., which shall retain 50 percent of
345 the proceeds until the startup costs to develop and establish
346 the plates have been recovered. Thereafter, the proceeds shall
347 be used as follows:
348 1. A maximum of 25 percent of the proceeds may be used to
349 fund the administrative, promotion, and marketing costs of the
350 license plate program and the foundation.
351 2. The remaining fees shall be used by the foundation to
352 fund research, education, and scientific study of the diversity
353 of animals and plants and to aid in the preservation, study,
354 conservation, and recovery of imperiled organisms.
355
356 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
357 And the directory clause is amended as follows:
358 Delete lines 5 - 7
359 and insert:
360 Section 1. Paragraph (cc) of subsection (4) of section
361 320.08056, Florida Statutes, is amended, and paragraphs (qqq)
362 through (yyy) are added to that section to read:
363
364 ================= T I T L E A M E N D M E N T ================
365 And the title is amended as follows:
366 Delete lines 371 - 377
367 and insert:
368 sale of the United We Stand license plate; revising
369 authorized uses of proceeds received from the sale of
370 the Florida Golf license plate; creating a Florida
371 Horse Park license plate; a Let’s Go Surfing license
372 plate; a Fraternal Order of Police license plate; an
373 Autism license plate; a Go Green Florida license
374 plate; a Catch Me, Release Me license plate; an
375 Endless Summer license plate; a St. Johns River
376 license plate; and a Florida Biodiversity Foundation
377 license plate; providing for