Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS/CS/HB 239, 2nd Eng.
Barcode 943360
LEGISLATIVE ACTION
Senate . House
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Senator Altman moved the following:
1 Senate Amendment to Amendment (644696) (with directory and
2 title amendments)
3
4 Delete lines 22 - 343
5 and insert:
6 (aaaa) Hispanics Settled Florida in 1565 license plate,
7 $25.
8 Section 2. Paragraph (c) is added to subsection (29) of
9 section 320.08058, Florida Statutes, paragraph (b) of subsection
10 (32) of that section, is amended, and subsections (69), (70),
11 (71), (72), (73), (74), (75), (76), (77), (78), and (79) are
12 added to that section, to read:
13 320.08058 Specialty license plates.—
14 (29) CHOOSE LIFE LICENSE PLATES.—
15 (c) Choose Life license plate funds generated in counties
16 that do not have a qualified service provider or have not
17 submitted an attestation within the last 12 months shall be
18 redistributed by the department, in an equitable manner, to
19 counties having a qualified service provider.
20 (32) UNITED WE STAND LICENSE PLATES.—
21 (b) The department shall retain all revenues from the sale
22 of such plates until all startup costs for developing and
23 issuing the plates have been recovered. Thereafter,
24 notwithstanding the provisions of s. 332.14, 100 percent of the
25 annual use fee shall be distributed to the Department of
26 Transportation SAFE Council for the development and
27 implementation of programs to fund a grant program to enhance
28 security at airports throughout the state, pursuant to s.
29 332.14. Up to 10 percent of the annual use fee revenue may be
30 used for administration, promotion, and marketing of the plate,
31 including the annual audit and compliance affidavit costs.
32 (69) FLORIDA HORSE PARK LICENSE PLATES.—
33 (a) The department shall develop a Florida Horse Park
34 license plate as provided in this section. The plate must bear
35 the colors and design approved by the department. The word
36 “Florida” must appear at the top of the plate and the words
37 “Discover Florida’s Horses” must appear at the bottom of the
38 plate.
39 (b) The annual use fees shall be distributed to the Florida
40 Agriculture Center and Horse Park Authority created by s.
41 570.952, which shall retain all proceeds until the startup costs
42 to develop and establish the plates have been recovered.
43 Thereafter, the proceeds shall be used as follows:
44 1. A maximum of 10 percent of the proceeds may be used to
45 administer the license plate program.
46 2. A maximum of 15 percent of the proceeds may be used to
47 promote and market the license plates.
48 3. The remaining fees shall be used by the authority to
49 promote the Florida Agriculture Center and Horse Park located in
50 Marion County; to support continued development of the park,
51 including the construction of additional educational facilities,
52 barns, and other structures; to provide improvements to the
53 existing infrastructure at the park; and to provide for
54 operational expenses of the park.
55 (70) LET’S GO SURFING LICENSE PLATES.—
56 (a) This subsection may be cited as the “Erik Jersted
57 Memorial Act.”
58 (b) The department shall develop a Let’s Go Surfing license
59 plate as provided in this section. Let’s Go Surfing license
60 plates must bear the colors and design approved by the
61 department. The word “Florida” must appear at the top of the
62 plate, and the words “Let’s Go Surfing” must appear at the
63 bottom of the plate.
64 (c) The license plate annual use fees shall be distributed
65 to East Coast Surfing Hall of Fame and Museum, Inc., to fund
66 activities, programs, and projects to promote Florida’s surfing
67 related tourism, preserve Florida’s surfing history and
68 heritage, preserve Florida’s surf and shores, and honor
69 lifeguards who patrol Florida’s surf and shores to protect
70 beach-goers, surfers, and others. East Coast Surfing Hall of
71 Fame and Museum, Inc., may retain all revenue from the annual
72 use fees until all startup costs for developing and establishing
73 the plate have been recovered. Thereafter, up to 25 percent of
74 the annual use fee revenue may be used for administration,
75 promotion, and marketing of the plate, including costs of the
76 annual audit and compliance affidavit.
77 (71) FRATERNAL ORDER OF POLICE LICENSE PLATES.—
78 (a)1. The department shall develop a Fraternal Order of
79 Police license plate as provided in this section. The plate must
80 bear the colors and design approved by the department. The word
81 “Florida” must appear at the top of the plate and the words
82 “Fraternal Order of Police” must appear at the bottom of the
83 plate.
84 2. The department may issue the plate only to an applicant
85 who submits a notarized letter from the Florida State Lodge of
86 the Fraternal Order of Police stating that the applicant is a
87 member of the lodge in good standing or a member of a lodge
88 member’s family, together with other fees and documents required
89 for a specialty plate.
90 (b) The annual use fees shall be distributed to the Florida
91 State Lodge of the Fraternal Order of Police, which shall retain
92 all proceeds until the startup costs to develop and establish
93 the plate have been recovered. Thereafter, the proceeds shall be
94 distributed to the Florida State Lodge Memorial Foundation of
95 the Fraternal Order of Police and used as follows:
96 1. A maximum of 25 percent of the proceeds may be used to
97 promote and market the plate, to administer the license plate
98 program, and to pay administrative costs directly associated
99 with the state Fraternal Order of Police Law Enforcement
100 Memorial.
101 2. The remaining fees shall be used by the foundation to
102 fund projects, programs, or events related to the memorial or to
103 fund improvements, maintenance, or other support for the
104 memorial.
105 (72) AUTISM LICENSE PLATES.—
106 (a) The department shall develop an Autism license plate as
107 provided in this section. Autism license plates must bear the
108 colors and design approved by the department. The word “Florida”
109 must appear at the top of the plate, and the words “Support
110 Autism Programs” must appear at the bottom of the plate.
111 (b) The proceeds from the license plate annual use fee
112 shall be distributed to Achievement and Rehabilitation Centers,
113 Inc., to fund service programs for autism and related
114 disabilities throughout the state and to operate and establish
115 programs to support individuals with autism and related
116 disabilities through direct services, evaluation, training, and
117 awareness. Achievement and Rehabilitation Centers, Inc., shall
118 establish an Autism Services Grant Council whose membership
119 shall be drawn from among stakeholders throughout the state who
120 represent the interests of individuals with autism and related
121 disabilities. The grant council shall provide grants from
122 available Autism license plate proceeds to nonprofit
123 organizations throughout the state to establish or operate
124 direct services and programs for individuals with autism and
125 related disabilities and their families or to market the Autism
126 license plate. Consideration for participation in such services
127 and programs shall be given to applicants who are children or
128 adults with autism and related disabilities and their families
129 and shall include those who are on the Agency for Persons with
130 Disabilities waiting lists for services. Achievement and
131 Rehabilitation Centers, Inc., shall also establish an Autism
132 License Plate Fund. Moneys in the fund shall be used by the
133 grant council as provided in this paragraph. All funds received
134 under this subsection must be used in this state.
135 (c) Achievement and Rehabilitation Centers, Inc., may
136 retain all proceeds from the annual use fee up to $85,000 until
137 all documented startup costs for developing and establishing the
138 plate have been recovered. Thereafter, the proceeds from the
139 annual use fee shall be used as follows:
140 1. Achievement and Rehabilitation Centers, Inc., may use up
141 to 10 percent of the proceeds from the annual use fee for all
142 administrative costs associated with the operation of the Autism
143 Services Grant Council, the Autism License Plate Fund, and the
144 programs established and operated as provided in subparagraph
145 2., including the costs of an annual audit or compliance
146 affidavit.
147 2. Achievement and Rehabilitation Centers, Inc., may use up
148 to 25 percent of the proceeds from the annual use fee to
149 establish and operate programs statewide to support individuals
150 with autism and related disabilities and their families through
151 direct services, evaluation, and training.
152 3. Achievement and Rehabilitation Centers, Inc., shall
153 disburse 15 percent of the proceeds from the annual use fee to
154 the Center for Autism and Related Disabilities at the University
155 of Miami for distribution to the seven regional autism centers
156 created under s. 1004.55. To the extent possible, the director
157 of the Center for Autism and Related Disabilities at the
158 University of Miami shall distribute funds proportionately among
159 the regional centers. The regional centers shall use the funds
160 to support the services they provide.
161 4. Achievement and Rehabilitation Centers, Inc., shall
162 disburse 50 percent of the proceeds from the annual use fee to
163 the Autism Services Grant Council, which shall provide grants to
164 nonprofit organizations throughout the state to establish or
165 operate direct services and programs for individuals with autism
166 and related disabilities and their families or to market the
167 Autism license plate.
168
169 All grant recipients, the Achievement and Rehabilitation
170 Centers, Inc., and the Center for Autism and Related
171 Disabilities at the University of Miami shall provide to the
172 Autism Services Grant Council an annual program and financial
173 report regarding the use of the proceeds from the annual use
174 fee. The report shall be made available to the public.
175 (73) GO GREEN FLORIDA LICENSE PLATES.—
176 (a) The department shall develop a Go Green Florida license
177 plate as provided in this section. The plate must bear the
178 colors and design approved by the department. The word “Florida”
179 must appear at the top of the plate, and the words “Go Green
180 Florida” must appear at the bottom of the plate. The Go Green
181 Florida emblem or logo must appear on the plate.
182 (b) The requirements of s. 320.08053 must be met before the
183 issuance of the plate.
184 (c) The proceeds from the sale of the plate shall be
185 distributed to the Coalition for Renewable Energy Solutions,
186 Inc. After reimbursement for documented costs expended to
187 establish the plates and for annual auditing costs, the
188 coalition shall use the proceeds of the annual use fees in the
189 following manner:
190 1. A maximum of 5 percent shall be used for administrative
191 costs directly associated with the management and distribution
192 of the proceeds.
193 2. A maximum of 25 percent shall be used for the continuing
194 statewide promotion and marketing of the plate.
195 3. Seventy percent shall be used to fund the Renewable
196 Energy and Energy Efficient Technology Grants program pursuant
197 to s. 377.804, the Solar Energy System Incentives program
198 pursuant to s. 377.806, under the Florida Energy and Climate
199 Commission, or other educational programs dedicated to providing
200 effective alternative energy practices.
201 (d) The coalition shall comply with the financial audit
202 requirements of s. 320.08062.
203 (e) The Go Green Florida emblem or logo may be used as a
204 decal by the department in recognition of energy-efficient
205 vehicle usage and practices. However, the display of the decal
206 is not a substitute for a license plate.
207 (74) CATCH ME, RELEASE ME LICENSE PLATES.—
208 (a) The department shall develop a Catch Me, Release Me
209 license plate as provided in this section. The plates must bear
210 the colors and design approved by the department. The word
211 “Florida” must appear at the top of the plate, and the words
212 “Catch Me, Release Me” must appear at the bottom of the plate.
213 (b) The annual use fees shall be distributed to the Guy
214 Harvey Ocean Foundation, Inc., which shall administer the fees
215 as follows:
216 1. The foundation shall retain the first $60,000 of the
217 annual use fees as direct reimbursement for administrative
218 costs, startup costs, and costs incurred in the development and
219 approval of the plates. Thereafter, up to 15 percent of the
220 annual use fees may be used for administrative costs directly
221 associated with the operation of the foundation and up to 10
222 percent may be used for promotion and marketing of the plate.
223 2. Any remaining funds shall be used by the foundation to
224 fund scientific research related to marine issues, including
225 research of free-ranging pelagic marine species that inhabit,
226 use, or migrate through the waters of this state, and to fund
227 conservation initiatives and education and public outreach
228 programs for school-aged children.
229 (75) ENDLESS SUMMER LICENSE PLATES.—
230 (a) The department shall develop an Endless Summer license
231 plate as provided in this section. Endless Summer license plates
232 must bear the colors and design approved by the department. The
233 word “Florida” must appear at the top of the plate, and the
234 words “Endless Summer” must appear at the bottom of the plate.
235 (b) The license plate annual use fees shall be distributed
236 to Surfing’s Evolution & Preservation Corporation to fund its
237 activities, programs, and projects aimed at preserving the sport
238 of surfing. Surfing’s Evolution & Preservation Corporation may
239 retain all revenue from the annual use fees until all startup
240 costs for developing and establishing the plate have been
241 recovered. Thereafter, up to 25 percent of the annual use fee
242 revenue may be used for promotion and marketing of the specialty
243 license plate and administrative costs directly associated with
244 the corporation’s programs and the specialty license plate.
245 Surfing’s Evolution & Preservation Corporation shall use the
246 remaining funds as follows:
247 1. To fund the proposed Surfing’s Evolution & Preservation
248 Experience project.
249 2. To provide funds for the provision of lifeguards or the
250 building of artificial reefs.
251 3. To provide funds to organizations that house the history
252 and artifacts of surfing or promote the sport through exhibits,
253 lectures, and events.
254 4. To support programs and events of other organizations
255 that support beaches and oceans and promote education on beach
256 safety, coastal pollution, and beach ecology.
257 (76) ST. JOHNS RIVER LICENSE PLATES.—
258 (a) The department shall develop a St. Johns River license
259 plate as provided in this section. The St. Johns River license
260 plates must bear the colors and design approved by the
261 department. The word “Florida” must appear at the top of the
262 plate, and the words “St. Johns River” must appear at the bottom
263 of the plate.
264 (b) The requirements of s. 320.08053 must be met prior to
265 the issuance of the plate. Thereafter, the license plate annual
266 use fees shall be distributed to the St. Johns River Alliance,
267 Inc., a 501(c)(3) nonprofit organization, which shall administer
268 the fees as follows:
269 1. The St. Johns River Alliance, Inc., shall retain the
270 first $60,000 of the annual use fees as direct reimbursement for
271 administrative costs, startup costs, and costs incurred in the
272 development and approval process. Thereafter, up to 10 percent
273 of the annual use fee revenue may be used for administrative
274 costs directly associated with education programs, conservation,
275 research, and grant administration of the organization and up to
276 10 percent may be used for promotion and marketing of the
277 specialty license plate.
278 2. At least 30 percent of the fees shall be available for
279 competitive grants for targeted community-based or county-based
280 research or projects for which state funding is limited or not
281 currently available. The remaining 50 percent shall be directed
282 toward community outreach and access programs. The competitive
283 grants shall be administered and approved by the board of
284 directors of the St. Johns River Alliance, Inc. A grant advisory
285 committee shall be composed of six members chosen by the St.
286 Johns River Alliance board members.
287 3. Any remaining funds shall be distributed with the
288 approval of and accountability to the board of directors of the
289 St. Johns River Alliance, Inc., and shall be used to support
290 activities contributing to education, outreach, and springs
291 conservation.
292 (77) FLORIDA BIODIVERSITY FOUNDATION LICENSE PLATES.—
293 (a) The department shall develop a Florida Biodiversity
294 Foundation license plate as provided in this section. Florida
295 Biodiversity Foundation license plates must bear the colors and
296 design approved by the department. The word “Florida” must
297 appear at the top of the plate, and the words “Save Wild
298 Florida” must appear at the bottom of the plate.
299 (b) The annual use fees shall be distributed to the Florida
300 Biodiversity Foundation, Inc., which shall retain 50 percent of
301 the proceeds until the startup costs to develop and establish
302 the plates have been recovered. Thereafter, the proceeds shall
303 be used as follows:
304 1. A maximum of 25 percent of the proceeds may be used to
305 fund the administrative, promotion, and marketing costs of the
306 license plate program and the foundation.
307 2. The remaining fees shall be used by the foundation to
308 fund research, education, and scientific study of the diversity
309 of animals and plants and to aid in the preservation, study,
310 conservation, and recovery of imperiled organisms.
311 (78) PRESERVING THE PAST LICENSE PLATES.—
312 (a) The department shall develop a Preserving the Past
313 license plate as provided in this section. The plate must bear
314 the colors and design approved by the department. The word
315 “Florida” must appear at the top of the plate, and the words
316 “Preserving the Past” must appear at the bottom of the plate.
317 (b) The annual use fees shall be distributed to the Toomey
318 Foundation for the Natural Sciences, Inc., which shall retain 50
319 percent of the proceeds until the startup costs to develop and
320 establish the plates have been recovered. Thereafter, the
321 proceeds shall be used as follows:
322 1. A maximum of 25 percent of the proceeds may be used to
323 fund the administrative, promotion, and marketing costs of the
324 license plate program and the foundation.
325 2. The remaining fees shall be used by the foundation to
326 acquire, manage, and preserve properties that are of scientific
327 importance to paleontologists, archeologists, or geologists for
328 the purposes of research and education, and to promote and
329 protect the unique natural sciences of this state.
330 (79) HISPANICS SETTLED FLORIDA IN 1565 LICENSE PLATES.—
331 (a) The department shall develop a Hispanics Settled
332 Florida in 1565 license plate as provided in this section.
333 (b) Hispanics Settled Florida in 1565 license plates must
334 bear the colors and design approved by the department. The word
335 “Florida” must appear at the top of the plate, and the words
336 “HISPANICS SETTLED FLORIDA” must appear at the bottom of the
337 plate.
338 (c) The department shall retain all revenues from the sale
339 of such plates until all startup costs for developing and
340 issuing the plates have been recovered. Thereafter, 50 percent
341 of the annual use fees shall be distributed to National Hispanic
342 Corporate Achievers, Inc., an organization in Orlando that
343 sponsors minority job fairs. The remaining 50 percent shall be
344 distributed to Florida Hispanic Foundation. The fees shall be
345 used to support job and mentorship programs and to provide
346 scholarship grants for needy students from minority communities
347 in this state.
348 (d) By January 1, 2010, the department shall establish a
349 method to issue a Hispanics Settled Florida in 1565 license
350 plate voucher to allow for the presale of the Hispanics Settled
351 Florida in 1565 license plate. Issuance of the vouchers is
352 contingent upon payment of an application fee of $10,000 no
353 later than December 1, 2009. The processing fee as prescribed in
354 s. 320.08056, the service charge and branch charge as prescribed
355 in s. 320.04, and the annual use fee as prescribed in s.
356 320.08056 shall be charged for the voucher. All other applicable
357 fees shall be charged at the time of issuance of the license
358 plate. The approved Hispanics Settled Florida in 1565 license
359 plate organization must, within 24 months after the
360 establishment of the presale voucher, record with the department
361 a minimum of 1,000 voucher sales before manufacture of the
362 Hispanics Settled Florida in 1565 license plate can commence.
363 If, at the conclusion of the 24-month presale period, the
364 minimum sales requirements have not been met, the Hispanics
365 Settled Florida in 1565 license plate is deauthorized and the
366 department shall discontinue development of the plate and
367 discontinue issuance of the presale vouchers as prescribed in s.
368 320.08056. Upon deauthorization of the license plate, a
369 purchaser of the Hispanics Settled Florida in 1565 license plate
370 voucher may use the annual use fee collected as a credit towards
371 any other specialty license plate or apply for a refund on a
372 form prescribed by the department. This paragraph expires
373 January 1, 2012.
374
375 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
376 And the directory clause is amended as follows:
377 Delete lines 5 - 7
378 and insert:
379 Section 1. Paragraph (cc) of subsection (4) of section
380 320.08056, Florida Statutes, is amended, and paragraphs (qqq)
381 through (aaaa) are added to that section to read:
382
383 ================= T I T L E A M E N D M E N T ================
384 And the title is amended as follows:
385 Delete line 377
386 and insert:
387 plate; a Preserving the Past license plate; and a
388 Hispanics Settled Florida in 1565 license plate;
389 providing for