Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for SB 642
       
       
       
       
       
       
                                Barcode 497548                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             04/24/2009 01:50 PM       .                                
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       Senator Baker moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 135 and 136
    4  insert:
    5         Section 3. Paragraph (h) is added to subsection (15) of
    6  section 320.02, Florida Statutes, to read:
    7         320.02 Registration required; application for registration;
    8  forms.—
    9         (15)
   10         (h)The application form for motor vehicle registration and
   11  renewal of registration must include language permitting a
   12  voluntary contribution of $1 to Ronald McDonald Houses of
   13  Florida. Such contributions must be distributed by the
   14  department each month to Ronald McDonald House Charities Tampa
   15  Bay, Inc., a not-for-profit organization.
   16  
   17  For the purpose of applying the service charge provided in s.
   18  215.20, contributions received under this subsection are not
   19  income of a revenue nature.
   20         Section 4. Paragraph (cc) of subsection (4) of section
   21  320.08056, Florida Statutes, is amended, and paragraphs (sss)
   22  and (ttt) are added that section, to read:
   23         320.08056 Specialty license plates.—
   24         (4) The following license plate annual use fees shall be
   25  collected for the appropriate specialty license plates:
   26         (cc) Choose Life license plate, $25 $20.
   27         (sss)Florida Horse Park license plate, $25.
   28         (ttt)Let’s Go Surfing license plate, $25.
   29         Section 5. Subsection (29) of section 320.08058, Florida
   30  Statutes, is amended, and subsections (71) and (72) are added to
   31  that section, to read:
   32         320.08058 Specialty license plates.—
   33         (29) CHOOSE LIFE LICENSE PLATES.—
   34         (a) The department shall develop a Choose Life license
   35  plate as provided in this section. The word “Florida” must
   36  appear at the bottom of the plate, and the words “Choose Life”
   37  must appear at the top of the plate.
   38         (b) The annual use fees shall be distributed quarterly to
   39  Choose Life, Inc., a nonprofit corporation under s. 501(c)(3) of
   40  the Internal Revenue Code, along with a list of annually to each
   41  county in the ratio that the annual use fees collected by each
   42  county bears to the total fees collected for the plates within
   43  the state.
   44         (c)Up to 20 percent of the fees may be used for
   45  administrative costs directly associated with the operations of
   46  Choose Life, Inc., and activities by Choose Life, Inc., to
   47  promote adoption and to market the license plate in the state.
   48  Choose Life, Inc., shall administer distribution of the
   49  remaining Each county shall distribute the funds to
   50  nongovernmental, not-for-profit agencies whose within the
   51  county, which agencies’ services primarily consist of are
   52  limited to counseling and meeting the physical needs of pregnant
   53  women who are considering committed to placing their children
   54  for adoption.
   55         1. Funds may not be distributed to any agency that is
   56  involved or associated with abortion activities, including
   57  counseling for or referrals to abortion clinics, providing
   58  medical abortion-related procedures, or proabortion advertising,
   59  and funds may not be distributed to any agency that charges
   60  women for services received.
   61         2.Choose Life license plate funds generated in counties
   62  that do not have a qualified service provider shall be
   63  distributed by Choose Life, Inc., to qualified service providers
   64  in other counties. For purposes of this subparagraph, the term
   65  “qualified service provider” means an entity that provides
   66  medically accurate materials, with reference sources for any and
   67  all statements of a medical nature. Sources may include, but are
   68  not limited to, entities such as the Centers for Disease
   69  Control, the American College of Obstetricians and
   70  Gynecologists, and peer-reviewed health science journals, such
   71  as the Journal of the American Medical Association.
   72         3.Funds may not be removed from a county that has active
   73  qualified service providers for distribution to service
   74  providers in other counties unless the year-end unused fund
   75  balance exceeds 20 percent of the county’s annual Choose Life
   76  license plate revenues for 3 consecutive years. If a year-end
   77  fund balance exceeds 20 percent of a county’s annual revenues
   78  for 3 consecutive years, such balance may be distributed by
   79  Choose Life, Inc., to qualified service providers in other
   80  counties.
   81         4.1. Agencies that receive the funds must use at least 70
   82  percent of the funds to provide for the material needs of
   83  pregnant women who are considering committed to placing their
   84  children for adoption, including clothing, housing, medical
   85  care, food, utilities, and transportation. Such funds may also
   86  be expended on infants awaiting placement with adoptive parents.
   87         5.2.A maximum of 30 percent of the remaining funds may be
   88  used for adoption, counseling, training, or advertising, but may
   89  not be used for administrative expenses, legal expenses, or
   90  capital expenditures.
   91         6.3. Each service provider agency that receives such funds
   92  must submit an annual attestation to Choose Life, Inc., which
   93  shall, upon request, make copies available to a state agency
   94  charged with auditing the county. Any unused funds that exceed
   95  10 percent of the funds received by an agency during its fiscal
   96  year must be returned to the county, which shall distribute them
   97  to other qualified agencies.
   98         7.Choose Life license plate use fees generated in this
   99  state may be spent only on activities within the state.
  100         (d)1.Within 90 days after October 1, 2009, county
  101  commissions that have never distributed Choose Life funds shall
  102  forward such funds to Choose Life, Inc., for distribution.
  103         2.Within 180 days after October 1, 2009, county
  104  commissions that have been distributing Choose Life funds shall
  105  forward fund balances to Choose Life, Inc., for distribution.
  106         (71)FLORIDA HORSE PARK LICENSE PLATES.—
  107         (a)The department shall develop a Florida Horse Park
  108  license plate as provided in this section. The plate must bear
  109  the colors and design approved by the department. The word
  110  “Florida” must appear at the top of the plate and the words
  111  “Discover Florida’s Horses” must appear at the bottom of the
  112  plate.
  113         (b)The annual use fees shall be distributed to the Florida
  114  Agriculture Center and Horse Park Authority created by s.
  115  570.952, which shall retain all proceeds until the startup costs
  116  to develop and establish the plates have been recovered.
  117  Thereafter, the proceeds shall be used as follows:
  118         1.A maximum of 10 percent of the proceeds may be used to
  119  administer the license plate program.
  120         2.A maximum of 15 percent of the proceeds may be used to
  121  promote and market the license plates.
  122         3.The remaining fees shall be used by the authority to
  123  promote the Florida Agriculture Center and Horse Park located in
  124  Marion County; to support continued development of the park,
  125  including the construction of additional educational facilities,
  126  barns, and other structures; to provide improvements to the
  127  existing infrastructure at the park; and to provide for
  128  operational expenses of the park.
  129         (72)LET’S GO SURFING LICENSE PLATES.—
  130         (a)This subsection may be cited as the “Erik Jersted
  131  Memorial Act.”
  132         (b)The department shall develop a Let’s Go Surfing license
  133  plate as provided in this section. Let’s Go Surfing license
  134  plates must bear the colors and design approved by the
  135  department. The word “Florida” must appear at the top of the
  136  plate, and the words “Let’s Go Surfing” must appear at the
  137  bottom of the plate.
  138         (c)The license plate annual use fees shall be distributed
  139  to East Coast Surfing Hall of Fame and Museum, Inc., to fund
  140  activities, programs, and projects to promote Florida’s surfing
  141  related tourism, preserve Florida’s surfing history and
  142  heritage, preserve Florida’s surf and shores, and honor
  143  lifeguards who patrol Florida’s surf and shores to protect
  144  beach-goers, surfers, and others. East Coast Surfing Hall of
  145  Fame and Museum, Inc., may retain all revenue from the annual
  146  use fees until all startup costs for developing and establishing
  147  the plate have been recovered. Thereafter, up to 25 percent of
  148  the annual use fee revenue may be used for administration,
  149  promotion, and marketing of the plate, including costs of the
  150  annual audit and compliance affidavit.
  151  
  152  ================= T I T L E  A M E N D M E N T ================
  153         And the title is amended as follows:
  154         Delete line 10
  155  and insert:
  156         from the sale of such plates; amending s. 320.02,
  157         F.S.; requiring the application form for motor vehicle
  158         registration and renewal of registration to include
  159         language permitting a voluntary contribution to the
  160         Ronald McDonald Houses of Florida; revising the annual
  161         use fee for the Choose Life license plate; revising
  162         provisions for distribution of such use fees; creating
  163         the Florida Horse Park license plate and the Let’s Go
  164         Surfing license plate; establishing an annual use fee
  165         for the plates; providing for the distribution of use
  166         fees received from the sale of such plates; providing
  167         an effective