Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS/SB 642, 1st Eng.
Barcode 934838
LEGISLATIVE ACTION
Senate . House
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Senator Altman moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 249 - 480
4 and insert:
5 Section 1. Subsection (29), paragraph (b) of subsection
6 (32), and subsection (35) of section 320.08058, Florida
7 Statutes, are amended, and subsections (69) through (78) are
8 added to that section, to read:
9 320.08058 Specialty license plates.—
10 (29) CHOOSE LIFE LICENSE PLATES.—
11 (a) The department shall develop a Choose Life license
12 plate as provided in this section. The word “Florida” must
13 appear at the bottom of the plate, and the words “Choose Life”
14 must appear at the top of the plate.
15 (b) The annual use fees shall be distributed quarterly to
16 Choose Life, Inc., a s. 501(c)(3) nonprofit corporation, with a
17 list of annually to each county in the ratio that the annual use
18 fees collected by each county bears to the total fees collected
19 for the plates within the state.
20 (c) Up to 10 percent of the fees may be used for
21 administrative costs directly associated with the operations of
22 Choose Life, Inc., and activities by Choose Life, Inc., to
23 promote adoption and to market the license plate in this state.
24 Choose Life, Inc., shall administer distribution of the
25 remaining Each county shall distribute the funds to
26 nongovernmental, not-for-profit agencies within the county,
27 which agencies’ services primarily consist of are limited to
28 counseling and meeting the physical needs of pregnant women who
29 are considering committed to placing their children for
30 adoption.
31 1. Funds may not be distributed to any agency that is
32 involved or associated with abortion activities, including
33 counseling for or referrals to abortion clinics, providing
34 medical abortion-related procedures, or proabortion advertising,
35 and funds may not be distributed to any agency that charges
36 women for services received.
37 2. Choose Life, Inc., may, from time to time, establish
38 criteria pertaining to appropriate percentages of expenditures
39 on items including, but not limited to, physical needs of women,
40 physical needs of infants awaiting adoption, counseling,
41 advertising, and training.
42 3. Choose Life license plate funds generated in counties
43 that do not have a qualified service provider shall be
44 distributed by Choose Life, Inc., to qualified service providers
45 in other counties.
46 4. Funds shall not be removed from a county with active
47 qualified service providers for distribution to service
48 providers in other counties unless year-end unused fund balances
49 exceed 20 percent of the county’s annual Choose Life license
50 plate revenues for 3 consecutive years. If year-end fund
51 balances exceed 20 percent of a county’s annual revenues for 3
52 consecutive years, such balance may be distributed by Choose
53 Life, Inc., to qualified service providers in other counties.
54 1. Agencies that receive the funds must use at least 70
55 percent of the funds to provide for the material needs of
56 pregnant women who are committed to placing their children for
57 adoption, including clothing, housing, medical care, food,
58 utilities, and transportation. Such funds may also be expended
59 on infants awaiting placement with adoptive parents.
60 2. The remaining funds may be used for adoption,
61 counseling, training, or advertising, but may not be used for
62 administrative expenses, legal expenses, or capital
63 expenditures.
64 5.3. Each service provider agency that receives such funds
65 must submit an annual attestation to Choose Life, Inc., which
66 shall, upon request, make copies available to a state agency
67 charged with auditing the county. Any unused funds that exceed
68 10 percent of the funds received by an agency during its fiscal
69 year must be returned to the county, which shall distribute them
70 to other qualified agencies.
71 6. Choose Life license plate use fees generated in this
72 state may only be spent on activities within this state.
73 (d)1. Within 90 days after the effective date of this
74 paragraph, county commissions that have never distributed Choose
75 Life funds shall forward such funds to Choose Life, Inc., for
76 distribution.
77 2. Within 180 days after the effective date of this
78 paragraph, county commissions that have been distributing Choose
79 Life funds shall forward fund balances to Choose Life, Inc., for
80 distribution.
81 (32) UNITED WE STAND LICENSE PLATES.—
82 (b) The department shall retain all revenues from the sale
83 of such plates until all startup costs for developing and
84 issuing the plates have been recovered. Thereafter,
85 notwithstanding s. 332.14, 100 percent of the annual use fee
86 shall be distributed to the Department of Transportation SAFE
87 Council for the development and implementation of programs to
88 fund a grant program to enhance security at airports throughout
89 the state, pursuant to s. 332.14. Up to 10 percent of the annual
90 use fee revenue may be used for administration, promotion, and
91 marketing of the plate, including annual audit and compliance
92 affidavit costs.
93 (35) FLORIDA GOLF LICENSE PLATES.—
94 (a) The Department of Highway Safety and Motor Vehicles
95 shall develop a Florida Golf license plate as provided in this
96 section. The word “Florida” must appear at the bottom of the
97 plate. The Dade Amateur Golf Association, following consultation
98 with the PGA TOUR, the Florida Sports Foundation, the LPGA, and
99 the PGA of America may submit a revised sample plate for
100 consideration by the department.
101 (b) The department shall distribute the Florida Golf
102 license plate annual use fee to the Dade Amateur Golf
103 Association, a s. 501(c)(3) organization Florida Sports
104 Foundation, a direct-support organization of the Office of
105 Tourism, Trade, and Economic Development. The license plate
106 annual use fees are to be annually allocated as follows:
107 1. Up to 10 5 percent of the proceeds from the annual use
108 fees may be used by the Dade Amateur Golf Association Florida
109 Sports Foundation for the administration of the Florida Junior
110 Youth Golf Program.
111 2. The Dade Amateur Golf Association shall receive the
112 first $80,000 in proceeds from the annual use fees for the
113 operation of youth golf programs in Miami-Dade County.
114 Thereafter, 15 percent of the proceeds from the annual use fees
115 shall be provided to the Dade Amateur Golf Association for the
116 operation of youth golf programs in Miami-Dade County.
117 3. The remaining proceeds from the annual use fees shall be
118 available for grants to nonprofit organizations to operate youth
119 golf programs and for marketing the Florida Golf license plates.
120 All grant recipients, including the Dade Amateur Golf
121 Association, shall be required to provide to the Dade Amateur
122 Golf Association Florida Sports Foundation an annual program and
123 financial report regarding the use of grant funds. Such reports
124 shall be made available to the public.
125 (c) The Dade Amateur Golf Association shall Florida Sports
126 Foundation may establish a Florida Junior Golf Council Youth
127 Golf Program. The Florida Junior Golf Council Youth Golf Program
128 shall assist organizations for the benefit of youth, introduce
129 young people to golf, instruct young people in golf, teach the
130 values of golf, and stress life skills, fair play, courtesy, and
131 self-discipline.
132 (d) The Dade Amateur Golf Association Florida Sports
133 Foundation shall establish a seven-member Florida Junior Golf
134 Council committee to offer advice regarding the distribution of
135 the annual use fees for grants to nonprofit organizations. The
136 council advisory committee shall consist of one member from a
137 group serving youth, one member from a group serving disabled
138 youth, and five members at large.
139 (69) Autism LICENSE PLATES.—
140 (a) The department shall develop an Autism license plate as
141 provided in this section. Autism license plates must bear the
142 colors and design approved by the department. The word “Florida”
143 must appear at the top of the plate, and the words “Support
144 Autism Programs” must appear at the bottom of the plate.
145 (b) The proceeds from the license plate annual use fee
146 shall be distributed to Achievement and Rehabilitation Centers,
147 Inc., to fund service programs for autism and related
148 disabilities throughout the state and to operate and establish
149 programs to support individuals with autism and related
150 disabilities through direct services, evaluation, training, and
151 awareness. Achievement and Rehabilitation Centers, Inc., shall
152 establish an Autism Services Grant Council that shall provide
153 grants from available Autism license plate proceeds to nonprofit
154 organizations for direct services and programs for individuals
155 with autism and related disabilities and their families.
156 Consideration for participation in such services and programs
157 shall be given to applicants who are children or adults with
158 autism and related disabilities and their families and shall
159 include those who are on the Agency for Persons with
160 Disabilities waiting lists for services. Achievement and
161 Rehabilitation Centers, Inc., shall also establish an Autism
162 License Plate Fund. Moneys in the fund shall be used by the
163 grant council as provided in this paragraph. All funds received
164 under this subsection must be used in this state.
165 (c) Achievement and Rehabilitation Centers, Inc., may
166 retain all proceeds from the annual use fee up to $85,000 until
167 all documented startup costs for developing and establishing the
168 plate have been recovered. Thereafter, the proceeds from the
169 annual use fee shall be used as follows:
170 1. Up to 10 percent of the proceeds from the annual use fee
171 may be used for the cost of administration, marketing, and
172 promotion of the Autism License Plate Fund, the Autism Services
173 Grant Council, and related matters, including annual audit and
174 compliance affidavit costs.
175 2. Funds may be used as necessary for annual audit or
176 compliance affidavit costs.
177 3. Thirty-five percent of the proceeds from the annual use
178 fee shall be used to establish and operate programs to support
179 individuals with autism and related disabilities and their
180 families through direct services, evaluation, training, and
181 awareness in the state.
182 4. The Center for Autism and Related Disabilities at the
183 University of Miami shall receive 15 percent of the proceeds
184 from the annual use fee for distribution, as determined
185 appropriate by the director of that center, to the seven
186 regional autism centers created under s. 1004.55. The regional
187 centers shall use the proceeds to support the services they
188 provide.
189 5. The remaining proceeds from the annual use fee shall be
190 available to the Autism Services Grant Council for grants to
191 nonprofit organizations to operate direct services programs for
192 individuals with autism and related disabilities and their
193 families. All grant recipients, including Achievement and
194 Rehabilitation Centers, Inc., and the Center for Autism and
195 Related Disabilities, shall be required to provide to the Autism
196 Services Grant Council an annual program and financial report
197 regarding the use of grant funds. Such reports shall be made
198 available to the public.
199 (d) Notwithstanding any provision of law to the contrary,
200 the first $10,000 in proceeds generated from voluntary
201 contributions to the Autism License Plate Fund authorized in ss.
202 320.02 and 322.08 shall be retained by the department to offset
203 the department’s implementation costs.
204 (70) Let’s Go Surfing LICENSE PLATES.—
205 (a) The department shall develop a Let’s Go Surfing license
206 plate as provided in this section. Let’s Go Surfing license
207 plates must bear the colors and design approved by the
208 department. The word “Florida” must appear at the top of the
209 plate, and the words “Let’s Go Surfing” must appear at the
210 bottom of the plate.
211 (b) The license plate annual use fees shall be distributed
212 to East Coast Surfing Hall of Fame and Museum, Inc., to fund
213 activities, programs, and projects to promote Florida’s surfing
214 related tourism, preserve Florida’s surfing history and
215 heritage, preserve Florida’s surf and shores, and honor
216 lifeguards who patrol Florida’s surf and shores to protect
217 beachgoers, surfers, and others. East Coast Surfing Hall of Fame
218 and Museum, Inc., may retain all revenue from the annual use
219 fees until all startup costs for developing and establishing the
220 plate have been recovered. Thereafter, up to 10 percent of the
221 annual use fee revenue may be used for administration,
222 promotion, and marketing of the plate, including annual audit
223 and compliance affidavit costs.
224 (71) FLORIDA HORSE PARK LICENSE PLATES.—
225 (a) The department shall develop a Florida Horse Park
226 license plate as provided in this section. Florida Horse Park
227 license plates must bear the colors and design approved by the
228 department. The word “Florida” must appear at the top of the
229 plate, and the words “Discover Florida’s Horses” must appear at
230 the bottom of the plate.
231 (b) The annual use fees shall be distributed to the Florida
232 Agriculture Center and Horse Park Authority created by s.
233 570.952, which shall retain all proceeds until all startup costs
234 for developing and establishing the plate have been recovered.
235 Thereafter, the proceeds shall be used as follows:
236 1. A maximum of 10 percent of the proceeds from the annual
237 use fees may be used for the administration, promotion, and
238 marketing of the Florida Horse Park license plate.
239 2. The remaining proceeds shall be used by the authority to
240 promote the Florida Agriculture Center and Horse Park located in
241 Marion County; to support continued development of the park,
242 including the construction of additional educational facilities,
243 barns, and other structures; to provide improvements to the
244 existing infrastructure at the park; and to provide for
245 operational expenses of the Florida Agriculture Center and Horse
246 Park.
247 (72) ST. JOHNS RIVER LICENSE PLATES.—
248 (a) The department shall develop a St. Johns River license
249 plate as provided in this section. St. Johns River license
250 plates must bear the colors and design approved by the
251 department. The word “Florida” must appear at the top of the
252 plate, and the words “St. Johns River” must appear at the bottom
253 of the plate.
254 (b) The requirements of s. 320.08053 must be met prior to
255 the issuance of the plate. Thereafter, the license plate annual
256 use fees shall be distributed to the St. Johns River Alliance,
257 Inc., a s. 501(c)(3) nonprofit organization, which shall
258 administer the fees as follows:
259 1. The St. Johns River Alliance, Inc., shall retain the
260 first $60,000 of the annual use fees as direct reimbursement for
261 administrative costs, startup costs, and costs incurred in the
262 development and approval process. Thereafter, up to 10 percent
263 of the annual use fee revenue may be used for administrative
264 costs directly associated with education programs, conservation,
265 research, and grant administration of the organization and for
266 promotion and marketing of the specialty license plate.
267 2. At least 30 percent of the fees shall be available for
268 competitive grants for targeted community-based or county-based
269 research or projects for which state funding is limited or not
270 currently available. The remaining 50 percent shall be directed
271 toward community outreach and access programs. The competitive
272 grants shall be administered and approved by the board of
273 directors of the St. Johns River Alliance, Inc. A grant advisory
274 committee shall be composed of six members chosen by the St.
275 Johns River Alliance board members.
276 3. Any remaining funds shall be distributed with the
277 approval of and accountability to the board of directors of the
278 St. Johns River Alliance, Inc., and shall be used to support
279 activities contributing to education, outreach, and springs
280 conservation.
281 (73) 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 10 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 (74) Catch Me, Release Me LICENSE PLATES.—
310 (a) The department shall develop a Catch Me, Release Me
311 license plate as provided in this section. Catch Me, Release Me
312 license 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 “Catch Me, Release Me” must appear at the
315 bottom of the plate.
316 (b) The license plate annual use fees shall be distributed
317 to the Guy Harvey Ocean Foundation, Inc., to fund marine-related
318 scientific research, including research of free-ranging pelagic
319 marine species that inhabit, use, or migrate through Florida
320 waters; conservation initiatives; and education and public
321 outreach programs targeting school-aged children in the state.
322 The Guy Harvey Ocean Foundation, Inc., may retain all revenue up
323 to $60,000 from the annual use fees until all startup costs for
324 developing and establishing the plate have been recovered.
325 Thereafter, up to 10 percent of the annual use fee revenue may
326 be used for administrative costs directly associated with the
327 operations of the Guy Harvey Ocean Foundation, Inc., and up to
328 10 percent may be used for promotion and marketing of the
329 specialty license plate.
330 (75) Fraternal Order Of Police LICENSE PLATES.—
331 (a) The department shall develop a Fraternal Order of
332 Police license plate as provided in this section. Fraternal
333 Order of Police license plates must bear the colors and design
334 approved by the department. The word “Florida” must appear at
335 the top of the plate, and the words “Fraternal Order of Police”
336 must appear at the bottom of the plate.
337 (b) In order to purchase the Fraternal Order of Police
338 license plate, a person must submit a certified letter from the
339 Florida State Lodge of the Fraternal Order of Police showing
340 that he or she qualifies for the use of the Fraternal Order of
341 Police law enforcement emblem by being a member in good
342 standing.
343 (c) The license plate annual use fees shall be distributed
344 to the Florida State Lodge Fraternal Order of Police Memorial
345 Foundation to fund its activities, programs, and projects aimed
346 at preserving, maintaining, and expanding the Florida Fraternal
347 Order of Police Law Enforcement Memorial. The Florida State
348 Lodge of the Fraternal Order of Police may retain all revenue
349 from the annual use fees until all startup costs for developing
350 and establishing the plate have been recovered. Thereafter, up
351 to 10 percent of the annual use fee revenue may be used for
352 promotion and marketing of the specialty license plate and
353 administrative costs directly associated with memorial programs
354 and the specialty license plate. The Florida State Lodge
355 Fraternal Order of Police Memorial Foundation shall use the
356 remaining funds as follows:
357 1. To fund the Florida State Fraternal Order of Police Law
358 Enforcement Memorial projects.
359 2. To provide funds for the expansion, maintenance, and
360 support of the Florida State Lodge Fraternal Order of Police
361 Memorial Foundation.
362 3. To provide funds to organizations that help support the
363 families of law enforcement officers who have died in the line
364 of duty.
365 4. To support programs and events that support the Florida
366 Fraternal Order of Police Law Enforcement Memorial.
367 (76) GO GREEN FLORIDA LICENSE PLATES.—
368 (a) The department shall develop a Go Green Florida license
369 plate as provided in this section. Go Green Florida license
370 plates must bear the colors and design approved by the
371 department. The word “Florida” must appear at the top of the
372 plate, the words “Go Green” must appear on the bottom of the
373 plate, and the “Go Green Florida” emblem or logo must appear on
374 the plate.
375 (b) The requirements of s. 320.08053 must be met prior to
376 the issuance of the plate. The annual use fees shall be
377 distributed to the Coalition for Renewable Energy Solutions,
378 Inc. After reimbursement for documented costs expended to
379 establish the plate, the proceeds of the annual use fees shall
380 be used in the following manner:
381 1. Up to 10 percent may be used by the Coalition for
382 Renewable Energy Solutions, Inc., for administrative, promotion,
383 and marketing costs.
384 2. The remainder shall be used to fund the Renewable Energy
385 and Energy-Efficient Technologies Grants Program pursuant to s.
386 377.804, the Solar Energy System Incentives Program pursuant to
387 s. 377.806, under the Florida Energy and Climate Commission, or
388 other educational programs dedicated to providing effective
389 alternative energy practices.
390 (c) The coalition shall comply with the financial audit
391 requirements of s. 320.08062.
392 (d) The “Go Green Florida” emblem or logo may be authorized
393 for use by the department in recognition of energy-efficient
394 vehicle usage and practices. The display of the decal for
395 energy-efficient practices may not be considered a substitute
396 for a legal license tag.
397 (77) FLORIDA BIODIVERSITY FOUNDATION LICENSE PLATES.—
398 (a) The department shall develop a Florida Biodiversity
399 Foundation license plate as provided in this section. Florida
400 Biodiversity Foundation license plates must bear the colors and
401 design approved by the department. The word “Florida” must
402 appear at the top of the plate, and the words “Save Wild
403 Florida” must appear at the bottom of the plate.
404 (b) The annual use fees shall be distributed to the Florida
405 Biodiversity Foundation, Inc., which shall retain 50 percent of
406 the proceeds until the startup costs to develop and establish
407 the plates have been recovered. Thereafter, the proceeds shall
408 be used as follows:
409 1. A maximum of 10 percent of the proceeds may be used to
410 fund the administrative, promotion, and marketing costs of the
411 license plate program and the foundation.
412 2. The remaining fees shall be used by the foundation to fund
413 research, education, and scientific study of the diversity of
414 animals and plants and to aid in the preservation, study,
415 conservation, and recovery of imperiled organisms.
416 (78) HISPANICS SETTLED FLORIDA IN 1565 LICENSE PLATES.—
417 (a) The department shall develop a Hispanics Settled
418 Florida in 1565 license plate as provided in this section.
419 (b) Hispanics Settled Florida in 1565 license plates must
420 bear the colors and design approved by the department. The word
421 “Florida” must appear at the top of the plate, and the words
422 “HISPANICS SETTLED FLORIDA” must appear at the bottom of the
423 plate.
424 (c) The department shall retain all revenues from the sale
425 of such plates until all startup costs for developing and
426 issuing the plates have been recovered. Thereafter, 50 percent
427 of the annual use fees shall be distributed to National Hispanic
428 Corporate Achievers, Inc., an organization in Orlando that
429 sponsors minority job fairs. The remaining 50 percent shall be
430 distributed to Florida Hispanic Foundation. The fees shall be
431 used to support job and mentorship programs and to provide
432 scholarship grants for needy students from minority communities
433 in this state.
434 (d) By January 1, 2010, the department shall establish a
435 method to issue a Hispanics Settled Florida in 1565 license
436 plate voucher to allow for the presale of the Hispanics Settled
437 Florida in 1565 license plate. Issuance of the vouchers is
438 contingent upon payment of an application fee of $10,000 no
439 later than December 1, 2009. The processing fee as prescribed in
440 s. 320.08056, the service charge and branch charge as prescribed
441 in s. 320.04, and the annual use fee as prescribed in s.
442 320.08056 shall be charged for the voucher. All other applicable
443 fees shall be charged at the time of issuance of the license
444 plate. The approved Hispanics Settled Florida in 1565 license
445 plate organization must, within 24 months after the
446 establishment of the presale voucher, record with the department
447 a minimum of 1,000 voucher sales before manufacture of the
448 Hispanics Settled Florida in 1565 license plate can commence.
449 If, at the conclusion of the 24-month presale period, the
450 minimum sales requirements have not been met, the Hispanics
451 Settled Florida in 1565 license plate is deauthorized and the
452 department shall discontinue development of the plate and
453 discontinue issuance of the presale vouchers as prescribed in s.
454 320.08056. Upon deauthorization of the license plate, a
455 purchaser of the Hispanics Settled Florida in 1565 license plate
456 voucher may use the annual use fee collected as a credit towards
457 any other specialty license plate or apply for a refund on a
458 form prescribed by the department. This paragraph expires
459 January 1, 2012.
460 Section 2. This act shall take effect September 1, 2009.
461
462 ================= T I T L E A M E N D M E N T ================
463 And the title is amended as follows:
464 Delete lines 18 - 34
465 and insert:
466 amending s. 320.08058, F.S.; revising authorized uses
467 of proceeds received from the sale of the Choose Life
468 license plate, United We Stand license plate, and
469 Florida Golf license plate; creating an Autism license
470 plate, a Let’s Go Surfing license plate, a Florida
471 Horse Park license plate, a St. Johns River license
472 plate, an Endless Summer license plate, a Catch Me,
473 Release Me license plate, a Fraternal Order of Police
474 license plate, a Go Green Florida license plate, a
475 Florida Biodiversity Foundation license plate, and a
476 Hispanics Settled Florida in 1565 license plate;
477 providing for the distribution of use fees received
478 from the sale of such plates; providing an effective
479 date.