CS for SB 642                                    First Engrossed
       
       
       
       
       
       
       
       
       2009642e1
       
    1                        A bill to be entitled                      
    2         An act relating to license plates; amending ss.
    3         320.08056 and 320.08058, F.S.; revising authorized
    4         uses of proceeds received from the sale of the United
    5         We Stand license plate; creating a Fraternal Order of
    6         Police license plate; establishing an annual use fee
    7         for the plate; creating an Autism license plate;
    8         establishing an annual use fee for the plate; creating
    9         the Go Green Florida license plate; establishing an
   10         annual fee for the plate; providing for the
   11         distribution of use fees received; creating the Catch
   12         Me, Release Me license plate; establishing an annual
   13         use fee for the plate; creating an Endless Summer
   14         license plate; establishing an annual use fee for the
   15         plate; creating the St. Johns River license plate;
   16         establishing an annual use fee for the plate; creating
   17         a Florida Biodiversity Foundation license plate, a
   18         Preserving the Past license plate, and a Trinity
   19         license plate; establishing an annual use fee for the
   20         plates; providing for the distribution of use fees
   21         received from the sale of such plates; creating an “I
   22         Believe” license plate; establishing an annual use fee
   23         for the plate; providing for the distribution of use
   24         fees received from the sale of such plates; amending
   25         s. 320.02, F.S.; requiring the application form for
   26         motor vehicle registration and renewal of registration
   27         to include language permitting a voluntary
   28         contribution to the Ronald McDonald Houses of Florida;
   29         revising provisions for distribution of such use fees;
   30         creating the Florida Horse Park license plate and the
   31         Let’s Go Surfing license plate; establishing an annual
   32         use fee for the plates; providing for the distribution
   33         of use fees received from the sale of such plates;
   34         providing effective dates.
   35  
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Paragraphs (qqq), (rrr), and (sss) are added to
   39  subsection (4) of section 320.08056, Florida Statutes, to read:
   40         320.08056 Specialty license plates.—
   41         (4) The following license plate annual use fees shall be
   42  collected for the appropriate specialty license plates:
   43         (qqq) Fraternal Order of Police license plate, $25.
   44         (rrr) Autism license plate, $25.
   45         (sss) “I Believe” license plate, $25.
   46         Section 2. Paragraph (b) of subsection (32) of section
   47  320.08058, Florida Statutes, is amended, and subsections (69),
   48  (70), and (71) are added to that section, to read:
   49         320.08058 Specialty license plates.—
   50         (32) UNITED WE STAND LICENSE PLATES.—
   51         (b) The department shall retain all revenues from the sale
   52  of such plates until all startup costs for developing and
   53  issuing the plates have been recovered. Thereafter,
   54  notwithstanding the provisions of s. 332.14, 100 percent of the
   55  annual use fee shall be distributed to the Department of
   56  Transportation SAFE Council for the development and
   57  implementation of programs to fund a grant program to enhance
   58  security at airports throughout the state, pursuant to s.
   59  332.14. Up to 10 percent of the annual use fee revenue may be
   60  used for administration, promotion, and marketing of the plate,
   61  including the annual audit and compliance affidavit costs.
   62         (69) FRATERNAL ORDER OF POLICE LICENSE PLATES.—
   63         (a)1. The department shall develop a Fraternal Order of
   64  Police license plate as provided in this section. The plate must
   65  bear the colors and design approved by the department. The word
   66  “Florida” must appear at the top of the plate and the words
   67  “Fraternal Order of Police” must appear at the bottom of the
   68  plate.
   69         2. The department may issue the plate only to an applicant
   70  who submits a notarized letter from the Florida State Lodge of
   71  the Fraternal Order of Police stating that the applicant is a
   72  member of the lodge in good standing or a member of a lodge
   73  member’s family, together with other fees and documents required
   74  for a specialty plate.
   75         (b) The annual use fees shall be distributed to the Florida
   76  State Lodge of the Fraternal Order of Police, which shall retain
   77  all proceeds until the startup costs to develop and establish
   78  the plate have been recovered. Thereafter, the proceeds shall be
   79  distributed to the Florida State Lodge Memorial Foundation of
   80  the Fraternal Order of Police and used as follows:
   81         1. A maximum of 25 percent of the proceeds may be used to
   82  promote and market the plate, to administer the license plate
   83  program, and to pay administrative costs directly associated
   84  with the state Fraternal Order of Police Law Enforcement
   85  Memorial.
   86         2. The remaining fees shall be used by the foundation to
   87  fund projects, programs, or events related to the memorial or to
   88  fund improvements, maintenance, or other support for the
   89  memorial.
   90         (70) AUTISM LICENSE PLATES.—
   91         (a) The department shall develop an Autism license plate as
   92  provided in this section. Autism license plates must bear the
   93  colors and design approved by the department. The word “Florida”
   94  must appear at the top of the plate, and the words “Support
   95  Autism Programs” must appear at the bottom of the plate.
   96         (b) The proceeds from the license plate annual use fee
   97  shall be distributed to Achievement and Rehabilitation Centers,
   98  Inc., to fund service programs for autism and related
   99  disabilities throughout the state and to operate and establish
  100  programs to support individuals with autism and related
  101  disabilities through direct services, evaluation, training, and
  102  awareness. Achievement and Rehabilitation Centers, Inc., shall
  103  establish an Autism Services Grant Council whose membership
  104  shall be drawn from among stakeholders throughout the state who
  105  represent the interests of individuals with autism and related
  106  disabilities. The grant council shall provide grants from
  107  available Autism license plate proceeds to nonprofit
  108  organizations throughout the state to establish or operate
  109  direct services and programs for individuals with autism and
  110  related disabilities and their families or to market the Autism
  111  license plate. Consideration for participation in such services
  112  and programs shall be given to applicants who are children or
  113  adults with autism and related disabilities and their families
  114  and shall include those who are on the Agency for Persons with
  115  Disabilities waiting lists for services. Achievement and
  116  Rehabilitation Centers, Inc., shall also establish an Autism
  117  License Plate Fund. Moneys in the fund shall be used by the
  118  grant council as provided in this paragraph. All funds received
  119  under this subsection must be used in this state.
  120         (c) Achievement and Rehabilitation Centers, Inc., may
  121  retain all proceeds from the annual use fee up to $85,000 until
  122  all documented startup costs for developing and establishing the
  123  plate have been recovered. Thereafter, the proceeds from the
  124  annual use fee shall be used as follows:
  125         1. Achievement and Rehabilitation Centers, Inc., may use up
  126  to 10 percent of the proceeds from the annual use fee for all
  127  administrative costs associated with the operation of the Autism
  128  Services Grant Council, the Autism License Plate Fund, and the
  129  programs established and operated as provided in subparagraph
  130  2., including the costs of an annual audit or compliance
  131  affidavit.
  132         2. Achievement and Rehabilitation Centers, Inc., may use up
  133  to 25 percent of the proceeds from the annual use fee to
  134  establish and operate programs statewide to support individuals
  135  with autism and related disabilities and their families through
  136  direct services, evaluation, and training.
  137         3. Achievement and Rehabilitation Centers, Inc., shall
  138  disburse 15 percent of the proceeds from the annual use fee to
  139  the Center for Autism and Related Disabilities at the University
  140  of Miami for distribution to the seven regional autism centers
  141  created under s. 1004.55. To the extent possible, the director
  142  of the Center for Autism and Related Disabilities at the
  143  University of Miami shall distribute funds proportionately among
  144  the regional centers. The regional centers shall use the funds
  145  to support the services they provide.
  146         4. Achievement and Rehabilitation Centers, Inc., shall
  147  disburse 50 percent of the proceeds from the annual use fee to
  148  the Autism Services Grant Council, which shall provide grants to
  149  nonprofit organizations throughout the state to establish or
  150  operate direct services and programs for individuals with autism
  151  and related disabilities and their families or to market the
  152  Autism license plate.
  153  
  154  All grant recipients, the Achievement and Rehabilitation
  155  Centers, Inc., and the Center for Autism and Related
  156  Disabilities at the University of Miami shall provide to the
  157  Autism Services Grant Council an annual program and financial
  158  report regarding the use of the proceeds from the annual use
  159  fee. The report shall be made available to the public.
  160         (71) “I BELIEVE” LICENSE PLATES.—Notwithstanding s.
  161  320.08053, the department shall develop an “I Believe” license
  162  plate as provided in this section.
  163         (a) “I Believe” license plates must bear the colors and
  164  design approved by the department. The word “Florida” must
  165  appear at the top of the plate, and the words “I Believe” must
  166  appear at the bottom of the plate.
  167         (b)The requirements of s. 320.08053 must be met before the
  168  issuance of the plate. Thereafter, the license plate annual use
  169  fees shall be distributed to Faith in Teaching, Inc., to fund
  170  activities, programs, and projects that promote faith-based
  171  education for youth within the state. Faith in Teaching, Inc.,
  172  may retain all revenue from the annual use fees until all
  173  startup costs for developing and establishing the plate have
  174  been recovered. Thereafter, up to 10 percent of the annual use
  175  fee revenue may be used for administrative, promotional, and
  176  marketing costs.
  177         Section 3. Paragraph (sss) is added to subsection (4) of
  178  section 320.08056, Florida Statutes, to read:
  179         320.08056 Specialty license plates.—
  180         (4) The following license plate annual use fees shall be
  181  collected for the appropriate specialty license plates:
  182         (sss) Go Green Florida license plate, $25.
  183         Section 4. Subsection (71) is added to section 320.08058,
  184  Florida Statutes, to read:
  185         320.08058 Specialty license plates.—
  186         (71) GO GREEN FLORIDA LICENSE PLATES.—
  187         (a) The department shall develop a Go Green Florida license
  188  plate as provided in this section. The plate must bear the
  189  colors and design approved by the department. The word “Florida”
  190  must appear at the top of the plate, and the words “Go Green
  191  Florida” must appear at the bottom of the plate. The Go Green
  192  Florida emblem or logo must appear on the plate.
  193         (b) The requirements of s. 320.08053 must be met before the
  194  issuance of the plate.
  195         (c) The proceeds from the sale of the plate shall be
  196  distributed to the Coalition for Renewable Energy Solutions,
  197  Inc. After reimbursement for documented costs expended to
  198  establish the plates and for annual auditing costs, the
  199  coalition shall use the proceeds of the annual use fees in the
  200  following manner:
  201         1. A maximum of 5 percent shall be used for administrative
  202  costs directly associated with the management and distribution
  203  of the proceeds.
  204         2. A maximum of 25 percent shall be used for the continuing
  205  statewide promotion and marketing of the plate.
  206         3. Seventy percent shall be used to fund the Renewable
  207  Energy and Energy Efficient Technology Grants program pursuant
  208  to s. 377.804, the Solar Energy System Incentives program
  209  pursuant to s. 377.806, under the Florida Energy and Climate
  210  Commission, or other educational programs dedicated to providing
  211  effective alternative energy practices.
  212         (d) The coalition shall comply with the financial audit
  213  requirements of s. 320.08062.
  214         (e) The Go Green Florida emblem or logo may be used as a
  215  decal by the department in recognition of energy-efficient
  216  vehicle usage and practices. However, the display of the decal
  217  is not a substitute for a license plate.
  218         Section 5. Paragraph (sss) is added to subsection (4) of
  219  section 320.08056, Florida Statutes, to read:
  220         320.08056 Specialty license plates.—
  221         (4) The following license plate annual use fees shall be
  222  collected for the appropriate specialty license plates:
  223         (sss) Catch Me, Release Me license plate, $25.
  224         Section 6. Subsection (71) is added to section 320.08058,
  225  Florida Statutes, to read:
  226         320.08058 Specialty license plates.—
  227         (71) CATCH ME, RELEASE ME LICENSE PLATES.—
  228         (a) The department shall develop a Catch Me, Release Me
  229  license plate as provided in this section. The plates must bear
  230  the colors and design approved by the department. The word
  231  “Florida” must appear at the top of the plate, and the words
  232  “Catch Me, Release Me” must appear at the bottom of the plate.
  233         (b) The annual use fees shall be distributed to the Guy
  234  Harvey Ocean Foundation, Inc., which shall administer the fees
  235  as follows:
  236         1. The foundation shall retain the first $60,000 of the
  237  annual use fees as direct reimbursement for administrative
  238  costs, startup costs, and costs incurred in the development and
  239  approval of the plates. Thereafter, up to 15 percent of the
  240  annual use fees may be used for administrative costs directly
  241  associated with the operation of the foundation and up to 10
  242  percent may be used for promotion and marketing of the plate.
  243         2. Any remaining funds shall be used by the foundation to
  244  fund scientific research related to marine issues, including
  245  research of free-ranging pelagic marine species that inhabit,
  246  use, or migrate through the waters of this state, and to fund
  247  conservation initiatives and education and public outreach
  248  programs for school-aged children.
  249         Section 7. Paragraph (h) is added to subsection (15) of
  250  section 320.02, Florida Statutes, to read:
  251         320.02 Registration required; application for registration;
  252  forms.—
  253         (15)
  254         (h) The application form for motor vehicle registration and
  255  renewal of registration must include language permitting a
  256  voluntary contribution of $1 to Ronald McDonald Houses of
  257  Florida. Such contributions must be distributed by the
  258  department each month to Ronald McDonald House Charities Tampa
  259  Bay, Inc., a not-for-profit organization.
  260  
  261  For the purpose of applying the service charge provided in s.
  262  215.20, contributions received under this subsection are not
  263  income of a revenue nature.
  264         Section 8. Effective September 1, 2009, paragraph (cc) of
  265  subsection(4) of section 320.08056, Florida Statutes, is
  266  amended, and paragraphs (sss) and (ttt) are added that section,
  267  to read:
  268         320.08056 Specialty license plates.—
  269         (4) The following license plate annual use fees shall be
  270  collected for the appropriate specialty license plates:
  271         (cc) Choose Life license plate, $25 $20.
  272         (sss) Florida Horse Park license plate, $25.
  273         (ttt) Let’s Go Surfing license plate, $25.
  274         Section 9. Paragraph (c) of subsection (29) of section
  275  320.08058, Florida Statutes, is added, and subsections (71) and
  276  (72) are added to that section, to read:
  277         320.08058 Specialty license plates.—
  278         (29) CHOOSE LIFE LICENSE PLATES.—
  279         (c)Choose Life license plate funds generated in counties
  280  that do not have a qualified service provider or have not
  281  submitted an attestation within the last 12 months shall be
  282  redistributed by the department, in an equitable manner, to
  283  counties having a qualified service provider.
  284         (71) FLORIDA HORSE PARK LICENSE PLATES.—
  285         (a) The department shall develop a Florida Horse Park
  286  license plate as provided in this section. The plate must bear
  287  the colors and design approved by the department. The word
  288  “Florida” must appear at the top of the plate and the words
  289  “Discover Florida’s Horses” must appear at the bottom of the
  290  plate.
  291         (b) The annual use fees shall be distributed to the Florida
  292  Agriculture Center and Horse Park Authority created by s.
  293  570.952, which shall retain all proceeds until the startup costs
  294  to develop and establish the plates have been recovered.
  295  Thereafter, the proceeds shall be used as follows:
  296         1. A maximum of 10 percent of the proceeds may be used to
  297  administer the license plate program.
  298         2. A maximum of 15 percent of the proceeds may be used to
  299  promote and market the license plates.
  300         3. The remaining fees shall be used by the authority to
  301  promote the Florida Agriculture Center and Horse Park located in
  302  Marion County; to support continued development of the park,
  303  including the construction of additional educational facilities,
  304  barns, and other structures; to provide improvements to the
  305  existing infrastructure at the park; and to provide for
  306  operational expenses of the park.
  307         (72) LET’S GO SURFING LICENSE PLATES.—
  308         (a) This subsection may be cited as the “Erik Jersted
  309  Memorial Act.”
  310         (b) The department shall develop a Let’s Go Surfing license
  311  plate as provided in this section. Let’s Go Surfing license
  312  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 “Let’s Go Surfing” must appear at the
  315  bottom of the plate.
  316         (c) The license plate annual use fees shall be distributed
  317  to East Coast Surfing Hall of Fame and Museum, Inc., to fund
  318  activities, programs, and projects to promote Florida’s surfing
  319  related tourism, preserve Florida’s surfing history and
  320  heritage, preserve Florida’s surf and shores, and honor
  321  lifeguards who patrol Florida’s surf and shores to protect
  322  beach-goers, surfers, and others. East Coast Surfing Hall of
  323  Fame and Museum, Inc., may retain all revenue from the annual
  324  use fees until all startup costs for developing and establishing
  325  the plate have been recovered. Thereafter, up to 25 percent of
  326  the annual use fee revenue may be used for administration,
  327  promotion, and marketing of the plate, including costs of the
  328  annual audit and compliance affidavit.
  329         Section 10. Paragraph (sss) is added to subsection (4) of
  330  section 320.08056, Florida Statutes, to read:
  331         320.08056 Specialty license plates.—
  332         (4) The following license plate annual use fees shall be
  333  collected for the appropriate specialty license plates:
  334         (sss) Endless Summer license plate, $25.
  335         Section 11. Subsection (71) is added to section 320.08058,
  336  Florida Statutes, to read:
  337         320.08058 Specialty license plates.—
  338         (71) ENDLESS SUMMER LICENSE PLATES.—
  339         (a) The department shall develop an Endless Summer license
  340  plate as provided in this section. Endless Summer license plates
  341  must bear the colors and design approved by the department. The
  342  word “Florida” must appear at the top of the plate, and the
  343  words “Endless Summer” must appear at the bottom of the plate.
  344         (b) The license plate annual use fees shall be distributed
  345  to Surfing’s Evolution & Preservation Corporation to fund its
  346  activities, programs, and projects aimed at preserving the sport
  347  of surfing. Surfing’s Evolution & Preservation Corporation may
  348  retain all revenue from the annual use fees until all startup
  349  costs for developing and establishing the plate have been
  350  recovered. Thereafter, up to 25 percent of the annual use fee
  351  revenue may be used for promotion and marketing of the specialty
  352  license plate and administrative costs directly associated with
  353  the corporation’s programs and the specialty license plate.
  354  Surfing’s Evolution & Preservation Corporation shall use the
  355  remaining funds as follows:
  356         1. To fund the proposed Surfing’s Evolution & Preservation
  357  Experience project.
  358         2. To provide funds for the provision of lifeguards or the
  359  building of artificial reefs.
  360         3. To provide funds to organizations that house the history
  361  and artifacts of surfing or promote the sport through exhibits,
  362  lectures, and events.
  363         4. To support programs and events of other organizations
  364  that support beaches and oceans and promote education on beach
  365  safety, coastal pollution, and beach ecology.
  366         Section 12. Paragraph (sss) is added to subsection (4) of
  367  section 320.08056, Florida Statutes, to read:
  368         320.08056 Specialty license plates.—
  369         (4) The following license plate annual use fees shall be
  370  collected for the appropriate specialty license plates:
  371         (sss) St. Johns River license plate, $25.
  372         Section 13. Subsection (71) is added to section 320.08058,
  373  Florida Statutes, to read:
  374         320.08058 Specialty license plates.—
  375         (71) ST. JOHNS RIVER LICENSE PLATES.—
  376         (a) The department shall develop a St. Johns River license
  377  plate as provided in this section. The St. Johns River license
  378  plates must bear the colors and design approved by the
  379  department. The word “Florida” must appear at the top of the
  380  plate, and the words “St. Johns River” must appear at the bottom
  381  of the plate.
  382         (b) The requirements of s. 320.08053 must be met prior to
  383  the issuance of the plate. Thereafter, the license plate annual
  384  use fees shall be distributed to the St. Johns River Alliance,
  385  Inc., a 501(c)(3) nonprofit organization, which shall administer
  386  the fees as follows:
  387         1. The St. Johns River Alliance, Inc., shall retain the
  388  first $60,000 of the annual use fees as direct reimbursement for
  389  administrative costs, startup costs, and costs incurred in the
  390  development and approval process. Thereafter, up to 10 percent
  391  of the annual use fee revenue may be used for administrative
  392  costs directly associated with education programs, conservation,
  393  research, and grant administration of the organization and up to
  394  10 percent may be used for promotion and marketing of the
  395  specialty license plate.
  396         2. At least 30 percent of the fees shall be available for
  397  competitive grants for targeted community-based or county-based
  398  research or projects for which state funding is limited or not
  399  currently available. The remaining 50 percent shall be directed
  400  toward community outreach and access programs. The competitive
  401  grants shall be administered and approved by the board of
  402  directors of the St. Johns River Alliance, Inc. A grant advisory
  403  committee shall be composed of six members chosen by the St.
  404  Johns River Alliance board members.
  405         3. Any remaining funds shall be distributed with the
  406  approval of and accountability to the board of directors of the
  407  St. Johns River Alliance, Inc., and shall be used to support
  408  activities contributing to education, outreach, and springs
  409  conservation.
  410         Section 14. Paragraphs (sss), (ttt), and (uuu) are added to
  411  subsection (4) of section 320.08056, Florida Statutes, to read:
  412         320.08056 Specialty license plates.—
  413         (4) The following license plate annual use fees shall be
  414  collected for the appropriate specialty license plates:
  415         (sss) Florida Biodiversity Foundation license plate, $25.
  416         (ttt) Preserving the Past license plate, $25.
  417         (uuu) Trinity license plate, $25.
  418         Section 15. Subsections (71), (72), and (73) are added to
  419  section 320.08058, Florida Statutes, to read:
  420         320.08058 Specialty license plates.—
  421         (71) FLORIDA BIODIVERSITY FOUNDATION LICENSE PLATES.—
  422         (a) The department shall develop a Florida Biodiversity
  423  Foundation license plate as provided in this section. Florida
  424  Biodiversity Foundation license plates must bear the colors and
  425  design approved by the department. The word “Florida” must
  426  appear at the top of the plate, and the words “Save Wild
  427  Florida” must appear at the bottom of the plate.
  428         (b) The annual use fees shall be distributed to the Florida
  429  Biodiversity Foundation, Inc., which shall retain 50 percent of
  430  the proceeds until the startup costs to develop and establish
  431  the plates have been recovered. Thereafter, the proceeds shall
  432  be used as follows:
  433         1. A maximum of 25 percent of the proceeds may be used to
  434  fund the administrative, promotion, and marketing costs of the
  435  license plate program and the foundation.
  436         2. The remaining fees shall be used by the foundation to
  437  fund research, education, and scientific study of the diversity
  438  of animals and plants and to aid in the preservation, study,
  439  conservation, and recovery of imperiled organisms.
  440         (72) PRESERVING THE PAST LICENSE PLATES.—
  441         (a) The department shall develop a Preserving the Past
  442  license plate as provided in this section. The plate must bear
  443  the colors and design approved by the department. The word
  444  “Florida” must appear at the top of the plate, and the words
  445  “Preserving the Past” must appear at the bottom of the plate.
  446         (b) The annual use fees shall be distributed to the Toomey
  447  Foundation for the Natural Sciences, Inc., which shall retain 50
  448  percent of the proceeds until the startup costs to develop and
  449  establish the plates have been recovered. Thereafter, the
  450  proceeds shall be used as follows:
  451         1. A maximum of 25 percent of the proceeds may be used to
  452  fund the administrative, promotion, and marketing costs of the
  453  license plate program and the foundation.
  454         2. The remaining fees shall be used by the foundation to
  455  acquire, manage, and preserve properties that are of scientific
  456  importance to paleontologists, archeologists, or geologists for
  457  the purposes of research and education, and to promote and
  458  protect the unique natural sciences of this state.
  459         (73) TRINITY LICENSE PLATES.—
  460         (a) The department shall develop a Trinity license plate as
  461  provided in this section. The plate must bear the colors and
  462  design approved by the department. The word “Florida” must
  463  appear at the top of the plate and the words “Sunshine State”
  464  must appear at the bottom of the plate.
  465         (b) The annual use fees shall be distributed to the Toomey
  466  Foundation for the Natural Sciences, Inc., which shall retain 50
  467  percent of the proceeds until the startup costs to develop and
  468  establish the plates have been recovered. Thereafter, the
  469  proceeds shall be used as follows:
  470         1. A maximum of 25 percent of the proceeds may be used to
  471  fund the administrative, promotion, and marketing costs of the
  472  license plate program and the foundation.
  473         2. The remaining fees shall be used by the foundation to
  474  support educational, research, and scientific activities in this
  475  state, including the distribution of funds to qualified entities
  476  in furtherance of the stated purposes of the foundation.
  477         Section 16. This act shall take effect July 1, 2009, except
  478  that provisions amending s. 320.08058(32), Florida Statutes,
  479  relating to the United We Stand license plates shall take effect
  480  September 1, 2009.