Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SPB 7072
       
       
       
       
       
       
                                Ì838468YÎ838468                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/26/2015           .                                
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       The Committee on Transportation (Evers) recommended the
       following:
       
    1         Senate Amendment (with directory amendment)
    2  
    3         Delete lines 374 - 712
    4  and insert:
    5         (rrrr) Support Our Constitution license plate, $25.
    6         Section 5. Effective October 1, 2015, subsection (9) of
    7  section 320.08058, Florida Statutes, is amended, and subsections
    8  (84) through (96) are added to that section, to read:
    9         320.08058 Specialty license plates.—
   10         (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
   11         (a) The Department of Highway Safety and Motor Vehicles
   12  shall develop a Florida Professional Sports Team license plate
   13  as provided in this section for Major League Baseball, National
   14  Basketball Association, National Football League, Arena Football
   15  League Teams, and National Hockey League, and Major League
   16  Soccer teams domiciled in this state. However, any Florida
   17  Professional Sports Team license plate created or established
   18  after January 1, 1997, must comply with the requirements of s.
   19  320.08053 and be specifically authorized by an act of the
   20  Legislature. Florida Professional Sports Team license plates
   21  must bear the colors and design approved by the department and
   22  must include the official league or team logo, or both, as
   23  appropriate for each team. The word “Florida” must appear at the
   24  top of the plate.
   25         (b) The license plate annual use fees are to be annually
   26  distributed as follows:
   27         1. Fifty-five percent of the proceeds from the Florida
   28  Professional Sports Team plate must be deposited into the
   29  Professional Sports Development Trust Fund within the Department
   30  of Economic Opportunity. These funds must be used solely to
   31  attract and support major sports events in this state. As used
   32  in this subparagraph, the term “major sports events” means, but
   33  is not limited to, championship or all-star contests of Major
   34  League Baseball, the National Basketball Association, the
   35  National Football League, the National Hockey League, Major
   36  League Soccer, the men’s and women’s National Collegiate
   37  Athletic Association Final Four basketball championship, or a
   38  horseracing or dogracing Breeders’ Cup. All funds must be used
   39  to support and promote major sporting events, and the uses must
   40  be approved by the Department of Economic Opportunity.
   41         2. The remaining proceeds of the Florida Professional
   42  Sports Team license plate must be allocated to Enterprise
   43  Florida, Inc. These funds must be deposited into the
   44  Professional Sports Development Trust Fund within the Department
   45  of Economic Opportunity. These funds must be used by Enterprise
   46  Florida, Inc., to promote the economic development of the sports
   47  industry; to distribute licensing and royalty fees to
   48  participating professional sports teams; to promote education
   49  programs in Florida schools that provide an awareness of the
   50  benefits of physical activity and nutrition standards; to
   51  partner with the Department of Education and the Department of
   52  Health to develop a program that recognizes schools whose
   53  students demonstrate excellent physical fitness or fitness
   54  improvement; to institute a grant program for communities
   55  bidding on minor sporting events that create an economic impact
   56  for the state; to distribute funds to Florida-based charities
   57  designated by Enterprise Florida, Inc., and the participating
   58  professional sports teams; and to fulfill the sports promotion
   59  responsibilities of the Department of Economic Opportunity.
   60         3. Enterprise Florida, Inc., shall provide an annual
   61  financial audit in accordance with s. 215.981 of its financial
   62  accounts and records by an independent certified public
   63  accountant pursuant to the contract established by the
   64  Department of Economic Opportunity. The auditor shall submit the
   65  audit report to the Department of Economic Opportunity for
   66  review and approval. If the audit report is approved, the
   67  Department of Economic Opportunity shall certify the audit
   68  report to the Auditor General for review.
   69         4. Notwithstanding the provisions of subparagraphs 1. and
   70  2., proceeds from the Professional Sports Development Trust Fund
   71  may also be used for operational expenses of Enterprise Florida,
   72  Inc., and financial support of the Sunshine State Games.
   73         (84) BONEFISH AND TARPON TRUST LICENSE PLATES.—
   74         (a) Notwithstanding s. 45, ch. 2008-176, Laws of Florida,
   75  as amended by s. 21, ch. 2010-223 and s. 45, ch. 2014-216, Laws
   76  of Florida, the department shall develop a Bonefish and Tarpon
   77  Trust license plate as provided in this section and s.
   78  320.08053. The word “Florida” must appear at the top of the
   79  plate, and the words “Bonefish and Tarpon Trust” must appear at
   80  the bottom of the plate.
   81         (b) The department shall retain all annual use fees from
   82  the sale of such plates until all startup costs for developing
   83  and issuing the plates have been recovered. Thereafter, the
   84  annual use fees from the sale of the plate shall be distributed
   85  to the Bonefish and Tarpon Trust, which:
   86         1. May use a maximum of 10 percent of the proceeds to
   87  promote and market the Bonefish and Tarpon Trust license plate.
   88         2. Shall invest and reinvest the remainder of the proceeds
   89  and use the interest thereon to conserve and enhance Florida
   90  bonefish and tarpon fisheries and their respective environments
   91  through stewardship, research, education, and advocacy.
   92         (85) ROTARY’S CAMP FLORIDA LICENSE PLATES.—
   93         (a) Notwithstanding s. 45, ch. 2008-176, Laws of Florida,
   94  as amended by s. 21, ch. 2010-223 and s. 45, ch. 2014-216, Laws
   95  of Florida, the department shall develop a Rotary’s Camp Florida
   96  license plate as provided in this section and s. 320.08053. The
   97  plate must bear the colors and design approved by the
   98  department. The word “Florida” must appear at the top of the
   99  plate, and the words “Rotary’s Camp Florida” must appear at the
  100  bottom of the plate.
  101         (b) The license plate annual use fees shall be distributed
  102  to Rotary’s Camp Florida, which may use a maximum of 10 percent
  103  of the proceeds for administrative costs and for marketing the
  104  plate. Up to 23 percent shall be distributed as grants for
  105  Florida Rotary Districts that provide camp services to children
  106  in this state, and the balance of the proceeds shall be used by
  107  Rotary’s Camp Florida for direct support to the programs and
  108  services provided to children who attend the camp.
  109         (86) SUPPORT DOWN SYNDROME LICENSE PLATES.—
  110         (a) Notwithstanding s. 45, ch. 2008-176, Laws of Florida,
  111  as amended by s. 21, ch. 2010-223 and s. 45, ch. 2014-216, Laws
  112  of Florida, the department shall develop a Support Down Syndrome
  113  license plate as provided in this section and s. 320.08053.
  114  Support Down Syndrome license plates must bear the colors and
  115  design approved by the department. The word “Florida” must
  116  appear at the top of the plate, and the words “Support Down
  117  Syndrome” must appear at the bottom of the plate.
  118         (b) The license plate annual use fees shall be distributed
  119  to Olivia’s Angels Foundation, Inc., to fund its activities,
  120  programs, and projects within this state. Olivia’s Angels
  121  Foundation, Inc., may retain all revenue from the annual use
  122  fees until all startup costs for developing and establishing the
  123  plate have been recovered. Thereafter, up to 10 percent of the
  124  annual use fee revenue may be used for administrative costs and
  125  promotion and marketing of the specialty license plate.
  126         (87) SAFE AND FREE FLORIDA LICENSE PLATES.—
  127         (a) Notwithstanding s. 45, ch. 2008-176, Laws of Florida,
  128  as amended by s. 21, ch. 2010-223 and s. 45, ch. 2014-216, Laws
  129  of Florida, the department shall develop a Safe and Free Florida
  130  license plate as provided in this section and s. 320.08053. Safe
  131  and Free Florida license plates must bear the colors and design
  132  approved by the department. The word “Florida” must appear at
  133  the bottom of the plate, and the words “End Human Trafficking”
  134  must appear at the top of the plate.
  135         (b) The license plate annual use fees shall be distributed
  136  to the Statewide Council on Human Trafficking, with a report
  137  that specifies the ratio that the annual use fees collected by
  138  each county bear to the total fees collected for the plates
  139  statewide. The council may retain all revenue from the annual
  140  use fees until all startup costs for developing and establishing
  141  the plate have been recovered. Thereafter, up to 15 percent of
  142  the annual use fee revenue may be used for administrative costs
  143  and for promotion and marketing of the specialty license plate.
  144  The council shall distribute the remaining funds to
  145  nongovernmental, not-for-profit agencies within each county in
  146  this state which assist sexually abused, exploited, or
  147  trafficked victims. Funds may not be distributed to an agency
  148  that charges victims for services received.
  149         1. An agency that receives the funds must use the funds:
  150         a. To provide for the material needs of sexually abused,
  151  exploited, or trafficked victims, including, but not limited to,
  152  clothing, housing, medical care, food, utilities, and
  153  transportation.
  154         b. For detoxification services.
  155         c. For prenatal and postnatal care and to provide services
  156  for infants awaiting placement with adoptive parents.
  157         d. To purchase real estate to facilitate a safe house or a
  158  transitional care or recovery care center.
  159         e. For counseling, training, awareness, and prevention
  160  programs and advertising.
  161         2. An agency that receives the funds may not use the funds
  162  for administrative or legal expenses, or for capital
  163  expenditures other than those specified in sub-subparagraph 1.d.
  164         3. Each year, any unused funds that exceed 10 percent of
  165  the total amount received by an agency must be returned to the
  166  Statewide Council on Human Trafficking to be redistributed by
  167  the council to other qualified agencies.
  168         4. Each agency that receives funds from the Statewide
  169  Council on Human Trafficking must submit an annual attestation
  170  to the council.
  171         5. If no qualified agency applies to receive funds in a
  172  county in any year, that county’s share of the funds shall be
  173  distributed pro rata to the qualified agencies that apply and
  174  maintain a place of business within a 100-mile radius of the
  175  county seat of that county. If no qualified agency within the
  176  100-mile radius applies, the funds shall be distributed to other
  177  qualified agencies within the state.
  178         (88) SUN SEA SMILES LICENSE PLATES.—
  179         (a) Notwithstanding s. 45, ch. 2008-176, Laws of Florida,
  180  as amended by s. 21, ch. 2010-223 and s. 45, ch. 2014-216, Laws
  181  of Florida, the department shall develop a Sun Sea Smiles
  182  license plate as provided in this section and s. 320.08053. The
  183  plate must bear the colors and design approved by the
  184  department. The word “Florida” must appear at the top of the
  185  plate, and the words “Sun Sea Smiles” must appear at the bottom
  186  of the plate.
  187         (b) The department shall retain all annual use fees from
  188  the sale of such plates until all startup costs for developing
  189  and issuing the plates have been recovered. Thereafter, the
  190  annual use fees from the sale of the plate shall be distributed
  191  as follows:
  192         1. Five percent shall be distributed to the Florida
  193  Caribbean Charitable Foundation, Inc., for marketing of the Sun
  194  Sea Smiles license plate.
  195         2. Thirty percent shall be distributed to the Florida
  196  Caribbean Charitable Foundation, Inc. Of this amount, up to 5
  197  percent may be used for administrative expenses, and the
  198  remainder shall be used as follows:
  199         a. Sixty percent shall be used for a college scholarship
  200  program.
  201         b. Fifteen percent shall be used to promote health and
  202  wellness among Florida residents of Caribbean descent.
  203         c. Twenty-five percent shall be used to promote awareness
  204  of Caribbean culture within the state.
  205         3. Twenty percent shall be distributed to the American
  206  Friends of Jamaica, Inc., a charitable, not-for-profit
  207  organization under s. 501(c)(3) of the Internal Revenue Code
  208  registered with the Department of Agriculture and Consumer
  209  Services and incorporated in New York, for use as grants to
  210  promote social and community development among residents of this
  211  state. Of this amount, up to 5 percent may be used for
  212  administrative and marketing expenses.
  213         4. Ten percent shall be distributed to Haitian Neighborhood
  214  Center Sant La, Inc., to promote social and community
  215  development. Of this amount, up to 5 percent may be used for
  216  administrative expenses.
  217         5. Ten percent shall be distributed to Fanm Ayisyen Nan
  218  Miyami, Inc., to promote social and community development. Of
  219  this amount, up to 10 percent may be used for administrative
  220  expenses.
  221         6. Twenty percent shall be distributed to Greater Caribbean
  222  American Cultural Coalition, Inc., to promote awareness of
  223  Caribbean culture within this state. Of this amount, up to 5
  224  percent may be used for administrative expenses.
  225         7. Five percent shall be distributed to Little Haiti
  226  Optimist Foundation, Inc., to promote awareness of Caribbean
  227  culture and youth development within the state. Of this amount,
  228  up to 5 percent may be used for administrative expenses.
  229         (89) TAKE STOCK IN CHILDREN LICENSE PLATES.—
  230         (a) Notwithstanding s. 45, ch. 2008-176, Laws of Florida,
  231  as amended by s. 21, ch. 2010-223 and s. 45, ch. 2014-216, Laws
  232  of Florida, the department shall develop a Take Stock in
  233  Children license plate as provided in this section and s.
  234  320.08053. Take Stock in Children license plates must bear the
  235  colors and design approved by the department. The word “Florida”
  236  must appear at the top of the plate, and the words “Take Stock
  237  in Children” must appear at the bottom of the plate.
  238         (b) The license plate annual use fees shall be distributed
  239  to Take Stock in Children, Inc., to fund its activities,
  240  scholarship and mentoring programs, and projects. Take Stock in
  241  Children, Inc., may retain all revenue from the annual use fees
  242  until all startup costs for developing and establishing the
  243  plate have been recovered. Thereafter, up to 10 percent of the
  244  annual use fee revenue may be used for administrative costs
  245  directly associated with the corporation’s programs and the
  246  specialty license plate, and up to 15 percent may be used for
  247  promotion and marketing of the specialty license plate.
  248         (90) PADDLE FLORIDA LICENSE PLATES.—
  249         (a) Notwithstanding s. 45, ch. 2008-176, Laws of Florida,
  250  as amended by s. 21, ch. 2010-223 and s. 45, ch. 2014-216, Laws
  251  of Florida, the department shall develop a Paddle Florida
  252  license plate as provided in this section and s. 320.08053. The
  253  word “Florida” must appear at the top of the plate, and words
  254  approved by the department must appear at the bottom of the
  255  plate.
  256         (b) The department shall retain all annual use fees from
  257  the sale of such plates until the startup costs for developing
  258  and issuing the plates have been recovered. Thereafter, the
  259  annual use fees shall be distributed to Paddle Florida, Inc.,
  260  which may use up to 10 percent of the proceeds for
  261  administrative costs and marketing of the plate. The balance of
  262  the fees shall be used by the Florida Forever grant program to
  263  support activities that further outdoor recreation and natural
  264  resource protection.
  265         (91) ORLANDO CITY SOCCER CLUB LICENSE PLATES.
  266  Notwithstanding s. 45, ch. 2008-176, Laws of Florida, as amended
  267  by s. 21, ch. 2010-223 and s. 45, ch. 2014-216, Laws of Florida,
  268  the department shall develop an Orlando City Soccer Club license
  269  plate as provided in subsection (9).
  270         (92) DOGS MAKING A DIFFERENCE LICENSE PLATES.—
  271         (a) Notwithstanding s. 45, ch. 2008-176, Laws of Florida,
  272  as amended by s. 21, ch. 2010-223 and s. 45, ch. 2014-216, Laws
  273  of Florida, the department shall develop a Dogs Making a
  274  Difference license plate as provided in this section and s.
  275  320.08053. The plate must bear the colors and design approved by
  276  the department. The word “Florida” must appear at the top of the
  277  plate, and the words “Dogs Making a Difference” must appear at
  278  the bottom of the plate.
  279         (b) The department may retain all annual use fees from the
  280  sale of such plates until the startup costs for developing and
  281  issuing the plates have been recovered. Thereafter, the annual
  282  use fees shall be distributed to Southeastern Guide Dogs, Inc.,
  283  which may use up to 10 percent of the proceeds for
  284  administrative costs and marketing of the plate. The balance of
  285  the fees shall be used by Southeastern Guide Dogs, Inc., for the
  286  training and promotion of dogs for use by veterans and citizens
  287  who are blind.
  288         (93) DUCKS UNLIMITED LICENSE PLATES.—
  289         (a) Notwithstanding s. 45, ch. 2008-176, Laws of Florida,
  290  as amended by s. 21, ch. 2010-223 and s. 45, ch. 2014-216, Laws
  291  of Florida, the department shall develop a Ducks Unlimited
  292  license plate as provided in this section and s. 320.08053.
  293  Ducks Unlimited license plates must bear the colors and design
  294  approved by the department. The word “Florida” must appear at
  295  the top of the plate, and the words “Conserving Florida’s
  296  Wetlands” must appear at the bottom of the plate.
  297         (b) The license plate annual use fees shall be distributed
  298  to Ducks Unlimited, Inc., a nonprofit corporation under s.
  299  501(c)(3) of the Internal Revenue Code. The proceeds must be
  300  used to support Ducks Unlimited’s mission and conservation
  301  efforts in this state as follows:
  302         1. Up to 5 percent may be used for administrative costs and
  303  marketing of the plate.
  304         2. A minimum of 95 percent shall be used to support Ducks
  305  Unlimited’s mission and efforts for the conservation,
  306  restoration, and management of Florida wetlands and associated
  307  habitats for the benefit of waterfowl, other wildlife, and
  308  people.
  309         (94) TEAM HAMMY LICENSE PLATES.—
  310         (a) Notwithstanding s. 45, ch. 2008-176, Laws of Florida,
  311  as amended by s. 21, ch. 2010-223 and s. 45, ch. 2014-216, Laws
  312  of Florida, the department shall develop a Team Hammy license
  313  plate as provided in this section and s. 320.08053. The word
  314  “Florida” must appear at the top of the plate, and the words
  315  “Team Hammy” must appear at the bottom of the plate.
  316         (b) The department shall retain all annual use fees from
  317  the sale of such plates until all startup costs for developing
  318  and issuing the plates have been recovered. Thereafter, the
  319  license plate annual use fees shall be distributed to Team
  320  Hammy, Inc., a Florida nonprofit corporation, which may use up
  321  to 10 percent of such fees for administrative costs and
  322  marketing of the plate. The balance of the fees shall be used by
  323  Team Hammy, Inc., to grant wishes to families living with
  324  amyotrophic lateral sclerosis (ALS), provide continuing
  325  education to caregivers and physicians, and create awareness of
  326  ALS in the community.
  327         (95) FLORIDA BAY FOREVER LICENSE PLATES.—
  328         (a) Notwithstanding s. 45 of ch. 2008-176, Laws of Florida,
  329  as amended by s. 21, ch. 2010-223 and s. 45, ch. 2014-216, Laws
  330  of Florida, the department shall develop a Florida Bay Forever
  331  license plate as provided in s. 320.08053 and this section. The
  332  word “Florida” must appear at the top of the plate, and the
  333  words “Florida Bay Forever” must appear at the bottom of the
  334  plate.
  335         (b) The department shall retain all annual use fees from
  336  the sale of such plates until all startup costs for developing
  337  and issuing the plates have been recovered. Thereafter, the
  338  annual use fees shall be distributed to the Florida National
  339  Park Association, Inc., which may use up to 10 percent of such
  340  fees for administrative costs and marketing of the plate. The
  341  balance of the fees shall be used to supplement the Everglades
  342  National Park service’s budgets and to support educational,
  343  interpretive, historical, and scientific research relating to
  344  the Everglades National Park.
  345         (96) SUPPORT OUR CONSTITUTION LICENSE PLATES.—
  346         (a) Notwithstanding s. 45, ch. 2008-176, Laws of Florida,
  347  as amended by s. 21, ch. 2010-223 and s. 45, ch. 2014-216, Laws
  348  of Florida, the department shall develop a Support Our
  349  Constitution license plate as provided in this section and s.
  350  320.08053. Support Our Constitution license plates must bear the
  351  colors and design approved by the department. The word “Florida”
  352  must appear at the top of the plate, and the words “Support Our
  353  Constitution” must appear at the bottom of the plate.
  354         (b) The annual use fees shall be distributed to The
  355  Constitution Foundation, Inc., which may retain all proceeds
  356  from the annual use fees until the startup costs for developing
  357  and issuing the license plates have been recovered. Thereafter,
  358  The Constitution Foundation, Inc., may use the proceeds as
  359  follows:
  360         1. A maximum of 15 percent may be used for administrative
  361  costs of the organization.
  362         2. A maximum of 10 percent may be used for promotion and
  363  marketing costs of the license plate.
  364         3. The remainder shall be used to fund the activities,
  365  programs, and projects of The Constitution Foundation, Inc.
  366  
  367  
  368  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  369  And the directory clause is amended as follows:
  370         Delete line 357
  371  and insert:
  372         through (rrrr) are added to subsection (4) of section
  373  320.08056,
  374