Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. PCS (314566) for CS for SB 784
       
       
       
       
       
       
                                Ì6523281Î652328                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  05/01/2017           .                                
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       The Committee on Appropriations (Bean) recommended the
       following:
       
    1         Senate Substitute for Amendment (934212) (with title
    2  amendment)
    3  
    4         Delete lines 1081 - 1103
    5  and insert:
    6         Section 19. Paragraphs (ee), (eee), (qqq), and (rrr) of
    7  subsection (4) of section 320.08056, Florida Statutes, are
    8  amended, paragraphs (bbbb) through (gggg) are added to that
    9  subsection, and paragraph (a) of subsection (10) of that section
   10  is amended, to read:
   11         320.08056 Specialty license plates.—
   12         (4) The following license plate annual use fees shall be
   13  collected for the appropriate specialty license plates:
   14         (ee) American Red Cross license plate, $25.
   15         (eee) Donate Organs-Pass It On license plate, $25.
   16         (qqq) St. Johns River license plate, $25.
   17         (rrr) Hispanic Achievers license plate, $25.
   18         (bbbb) Ducks Unlimited license plate, $25.
   19         (cccc)Play Ball license plate, $25.
   20         (dddd)America the Beautiful license plate, $25.
   21         (eeee)Protect Pollinators plate, $25.
   22         (ffff)Florida Native license plate, $25.
   23         (gggg)Donate Life Florida license plate, $25.
   24         (10)(a) A specialty license plate annual use fee collected
   25  and distributed under this chapter, or any interest earned from
   26  those fees, may not be used for commercial or for-profit
   27  activities nor for general or administrative expenses, except as
   28  authorized by s. 320.08058 or to pay the cost of the audit or
   29  report required by s. 320.08062(1). The fees and any interest
   30  earned from the fees may be expended only for use in this state
   31  unless the annual use fee is derived from the sale of United
   32  States Armed Forces and veterans-related specialty license
   33  plates pursuant to paragraphs (4)(d), (bb), (kk), (iii), and
   34  (uuu) (ll), (kkk), and (yyy) and s. 320.0891.
   35         Section 20. Subsections (31), (57), (69), (70), and
   36  paragraph (b) of present subsection (80) of section 320.08058,
   37  Florida Statutes, are amended, and new subsections (80) through
   38  (85) are added to that section, to read:
   39         320.08058 Specialty license plates.—
   40         (31) AMERICAN RED CROSS LICENSE PLATES.—
   41         (a) Notwithstanding the provisions of s. 320.08053, the
   42  department shall develop an American Red Cross license plate as
   43  provided in this section. The word “Florida” must appear at the
   44  top of the plate, and the words “American Red Cross” must appear
   45  at the bottom of the plate.
   46         (b) The department shall retain all revenues from the sale
   47  of such plates until all startup costs for developing and
   48  issuing the plates have been recovered. Thereafter, 50 percent
   49  of the annual use fees shall be distributed to the American Red
   50  Cross Chapter of Central Florida, with statistics on sales of
   51  license plates, which are tabulated by county. The American Red
   52  Cross Chapter of Central Florida must distribute to each of the
   53  chapters in this state the moneys received from sales in the
   54  counties covered by the respective chapters, which moneys must
   55  be used for education and disaster relief in Florida. Fifty
   56  percent of the annual use fees shall be distributed
   57  proportionately to the three statewide approved poison control
   58  centers for purposes of combating bioterrorism and other poison
   59  related purposes.
   60         (57) DONATE ORGANS-PASS IT ON LICENSE PLATES.—
   61         (a) The department shall develop a Donate Organs-Pass It On
   62  license plate as provided in this section. The word “Florida”
   63  must appear at the top of the plate, and the words “Donate
   64  Organs-Pass It On” must appear at the bottom of the plate.
   65         (b) The annual use fees shall be distributed to Transplant
   66  Foundation, Inc., and shall use up to 10 percent of the proceeds
   67  from the annual use fee for marketing and administrative costs
   68  that are directly associated with the management and
   69  distribution of the proceeds. The remaining proceeds shall be
   70  used to provide statewide grants for patient services, including
   71  preoperative, rehabilitative, and housing assistance; organ
   72  donor education and awareness programs; and statewide medical
   73  research.
   74         (69) ST. JOHNS RIVER LICENSE PLATES.—
   75         (a) The department shall develop a St. Johns River license
   76  plate as provided in this section. The St. Johns River license
   77  plates must bear the colors and design approved by the
   78  department. The word “Florida” must appear at the top of the
   79  plate, and the words “St. Johns River” must appear at the bottom
   80  of the plate.
   81         (b) The requirements of s. 320.08053 must be met prior to
   82  the issuance of the plate. Thereafter, the license plate annual
   83  use fees shall be distributed to the St. Johns River Alliance,
   84  Inc., a s. 501(c)(3) nonprofit organization, which shall
   85  administer the fees as follows:
   86         1. The St. Johns River Alliance, Inc., shall retain the
   87  first $60,000 of the annual use fees as direct reimbursement for
   88  administrative costs, startup costs, and costs incurred in the
   89  development and approval process. Thereafter, up to 10 percent
   90  of the annual use fee revenue may be used for administrative
   91  costs directly associated with education programs, conservation,
   92  research, and grant administration of the organization, and up
   93  to 10 percent may be used for promotion and marketing of the
   94  specialty license plate.
   95         2. At least 30 percent of the fees shall be available for
   96  competitive grants for targeted community-based or county-based
   97  research or projects for which state funding is limited or not
   98  currently available. The remaining 50 percent shall be directed
   99  toward community outreach and access programs. The competitive
  100  grants shall be administered and approved by the board of
  101  directors of the St. Johns River Alliance, Inc. A grant advisory
  102  committee shall be composed of six members chosen by the St.
  103  Johns River Alliance board members.
  104         3. Any remaining funds shall be distributed with the
  105  approval of and accountability to the board of directors of the
  106  St. Johns River Alliance, Inc., and shall be used to support
  107  activities contributing to education, outreach, and springs
  108  conservation.
  109         4. Effective July 1, 2014, the St. Johns River license
  110  plate will shift into the presale voucher phase, as provided in
  111  s. 320.08053(2)(b). The St. Johns River Alliance, Inc., shall
  112  have 24 months to record a minimum of 1,000 sales of the license
  113  plates. Sales include existing active plates and vouchers sold
  114  subsequent to July 1, 2014. During the voucher period, new
  115  plates may not be issued, but existing plates may be renewed.
  116  If, at the conclusion of the 24-month presale period, the
  117  requirement of a minimum of 1,000 sales has been met, the
  118  department shall resume normal distribution of the St. Johns
  119  River specialty plate. If, after 24 months, the minimum of 1,000
  120  sales has not been met, the department shall discontinue the
  121  development and issuance of the plate. This subparagraph is
  122  repealed June 30, 2016.
  123         (70) HISPANIC ACHIEVERS LICENSE PLATES.—
  124         (a) Notwithstanding the requirements of s. 320.08053, the
  125  department shall develop a Hispanic Achievers license plate as
  126  provided in this section. The plate must bear the colors and
  127  design approved by the department. The word “Florida” must
  128  appear at the top of the plate, and the words “Hispanic
  129  Achievers” must appear at the bottom of the plate.
  130         (b) The proceeds from the license plate annual use fee
  131  shall be distributed to National Hispanic Corporate Achievers,
  132  Inc., a nonprofit corporation under s. 501(c)(3) of the Internal
  133  Revenue Code, to fund grants to nonprofit organizations to
  134  operate programs and provide scholarships and for marketing the
  135  Hispanic Achievers license plate. National Hispanic Corporate
  136  Achievers, Inc., shall establish a Hispanic Achievers Grant
  137  Council that shall provide recommendations for statewide grants
  138  from available Hispanic Achievers license plate proceeds to
  139  nonprofit organizations for programs and scholarships for
  140  Hispanic and minority Floridians. National Hispanic Corporate
  141  Achievers, Inc., shall also establish a Hispanic Achievers
  142  License Plate Fund. Moneys in the fund shall be used by the
  143  grant council as provided in this paragraph. All funds received
  144  under this subsection must be used in this state.
  145         (c) National Hispanic Corporate Achievers, Inc., may retain
  146  all proceeds from the annual use fee until documented startup
  147  costs for developing and establishing the plate have been
  148  recovered. Thereafter, the proceeds from the annual use fee
  149  shall be used as follows:
  150         1. Up to 5 percent of the proceeds may be used for the cost
  151  of administration of the Hispanic Achievers License Plate Fund,
  152  the Hispanic Achievers Grant Council, and related matters.
  153         2. Funds may be used as necessary for annual audit or
  154  compliance affidavit costs.
  155         3. Up to 20 percent of the proceeds may be used to market
  156  and promote the Hispanic Achievers license plate.
  157         4. Twenty-five percent of the proceeds shall be used by the
  158  Hispanic Corporate Achievers, Inc., located in Seminole County,
  159  for grants.
  160         5. The remaining proceeds shall be available to the
  161  Hispanic Achievers Grant Council to award grants for services,
  162  programs, or scholarships for Hispanic and minority individuals
  163  and organizations throughout Florida. All grant recipients must
  164  provide to the Hispanic Achievers Grant Council an annual
  165  program and financial report regarding the use of grant funds.
  166  Such reports must be available to the public.
  167         (d) Effective July 1, 2014, the Hispanic Achievers license
  168  plate will shift into the presale voucher phase, as provided in
  169  s. 320.08053(2)(b). National Hispanic Corporate Achievers, Inc.,
  170  shall have 24 months to record a minimum of 1,000 sales. Sales
  171  include existing active plates and vouchers sold subsequent to
  172  July 1, 2014. During the voucher period, new plates may not be
  173  issued, but existing plates may be renewed. If, at the
  174  conclusion of the 24-month presale period, the requirement of a
  175  minimum of 1,000 sales has been met, the department shall resume
  176  normal distribution of the Hispanic Achievers license plate. If,
  177  after 24 months, the minimum of 1,000 sales has not been met,
  178  the department shall discontinue the Hispanic Achievers license
  179  plate. This subsection is repealed June 30, 2016.
  180         (76)(80) FALLEN LAW ENFORCEMENT OFFICERS LICENSE PLATES.—
  181         (b) The annual use fees shall be distributed to the Police
  182  and Kids Foundation, Inc., which may use up to a maximum of 10
  183  percent of the proceeds for marketing to promote and market the
  184  plate. All remaining proceeds shall be distributed to and used
  185  by the Police and Kids Foundation, Inc., for its operations,
  186  activities, programs, and projects The remainder of the proceeds
  187  shall be used by the Police and Kids Foundation, Inc., to invest
  188  and reinvest, and the interest earnings shall be used for the
  189  operation of the Police and Kids Foundation, Inc.
  190         (80) DUCKS UNLIMITED LICENSE PLATES.—
  191         (a)The department shall develop a Ducks Unlimited license
  192  plate as provided in this section and s. 320.08053. Ducks
  193  Unlimited license plates must bear the colors and design
  194  approved by the department. The word “Florida” must appear at
  195  the top of the plate, and the words “Conserving Florida
  196  Wetlands” must appear at the bottom of the plate.
  197         (b)The annual use fees from the sale of the plate shall be
  198  distributed to Ducks Unlimited, Inc., a nonprofit corporation
  199  under s. 501(c)(3) of the Internal Revenue Code, to be used as
  200  follows:
  201         1.Up to 5 percent may be used for administrative costs and
  202  marketing of the plate.
  203         2.A minimum of 95 percent shall be used in this state to
  204  support the mission and efforts of Ducks Unlimited, Inc., for
  205  the conservation, restoration, and management of Florida
  206  wetlands and associated habitats for the benefit of waterfowl,
  207  other wildlife, and people.
  208         (81)PLAY BALL LICENSE PLATES.—
  209         (a)The department shall develop a Play Ball license plate
  210  as provided in this section and s. 320.08053. Play Ball license
  211  plates must bear the colors and design approved by the
  212  department. The word “Florida” must appear at the top of the
  213  plate, and the words “Play Ball” must appear at the bottom of
  214  the plate.
  215         (b)The license plate annual use fees shall be distributed
  216  to American Dream Baseball, Inc., which may retain all proceeds
  217  from the annual use fees until the startup costs for developing
  218  and issuing the license plates have been recovered. Thereafter,
  219  American Dream Baseball, Inc., may use the proceeds as follows:
  220         1.A maximum of 15 percent may be used for administrative
  221  costs of the organization associated with implementing the
  222  programs funded by proceeds derived from sales of the specialty
  223  license plate.
  224         2.A maximum of 10 percent may be used for promotion and
  225  marketing costs of the license plate.
  226         3.The remainder shall be used to fund the activities,
  227  programs, and projects of American Dream Baseball, Inc.
  228         (82)AMERICA THE BEAUTIFUL LICENSE PLATES.—
  229         (a)The department shall develop an America The Beautiful
  230  license plate as provided in this section and s. 320.08053. The
  231  word “Florida” must appear at the top of the plate, and the
  232  words “America The Beautiful” must appear on the plate.
  233         (b)The annual use fees from the plate shall be distributed
  234  to the America the Beautiful Fund as follows: 10 percent to
  235  offset its administrative, marketing and promotion costs, and
  236  the remaining 85 percent for projects and programs teaching
  237  character, leadership, and service to Florida youth; provision
  238  of wellbeing and assistance in the military community; outdoor
  239  education advancing self-sufficiency; wildlife conservation
  240  including imperiled and managed species; the maintenance of
  241  historic or culturally important sites, buildings, structures,
  242  or objects, and the development and modification of playgrounds,
  243  recreational areas, or other outdoor amenities, including
  244  disability access.
  245         (83)PROTECT POLLINATORS PLATES.—
  246         (a)The department shall develop a Protect Pollinators
  247  license plate as provided in this section and s. 320.08053. The
  248  word “Florida” must appear at the top of the plate, and the
  249  words “Protect Pollinators” must appear at the bottom of the
  250  plate.
  251         (b)The annual use fees from the sale of the plate shall be
  252  distributed to the Florida Wildflower Foundation Inc., which:
  253         1.May use a maximum of 10 percent of the proceeds to
  254  market, promote, and administer the Protect Pollinators plate.
  255         2.Shall use the remainder of the proceeds to establish
  256  pollinator wildflower habitats, fund pollinator education and
  257  research programs, and promote awareness of pollinators,
  258  including butterflies, native bees and honeybees, hummingbirds,
  259  bats, and hundreds of other insects and animal pollinator
  260  species, and their importance to Florida agricultural success
  261  and the security of the food supply.
  262         (84)FLORIDA NATIVE LICENSE PLATES.—
  263         (a)The department shall develop a Florida Native license
  264  plate as provided in this section and s. 320.08053. The word
  265  “Florida” must appear at the top of the plate, and the word
  266  “Native” must appear at the bottom of the plate. The plate must
  267  contain a camouflage background including leaves, flowers, or
  268  fronds of a minimum of 12 different Florida native plants.
  269         (b)1.The department shall retain all annual use fees from
  270  the sale of the plate until all startup costs for developing and
  271  issuing the plate have been recovered.
  272         2.Thereafter, the annual use fees from the sale of the
  273  plate shall be distributed to Florida Native Plant Society, a
  274  Florida nonprofit corporation, which may use a maximum of 10
  275  percent of such fees for administrative costs and a maximum of
  276  20 percent to market and promote the plate. The balance of the
  277  fees shall be used by Florida Native Plant Society, to fulfill
  278  the mission of the Florida Native Plant Society, where a minimum
  279  of 25 percent is dedicated to maintaining, improving, and
  280  restoring public native species, hunting and fishing habitats,
  281  and 25 percent is used to promote the cultivation of Florida’s
  282  agricultural products through the preservation of native noncrop
  283  plants to provide habitats for pollinators and natural enemies
  284  to plant pests, and to provide pollen and nectar and undisturbed
  285  habitats for bee nesting throughout the growing season.
  286         (85)DONATE LIFE FLORIDA LICENSE PLATES.—
  287         (a)The department shall develop a Donate Life Florida
  288  license plate as provided in this section and s. 320.08053. The
  289  plate must bear the colors and design approved by the
  290  department. The word “Florida” must appear at the top of the
  291  plate, and the words “Donors Saves Lives” must appear at the
  292  bottom of the plate.
  293         (b)The annual use fees from the sale of the plate shall be
  294  distributed to Donate Life Florida, which may use up to 10
  295  percent of the proceeds for marketing and administrative costs.
  296  The remaining proceeds of the annual use fees shall be used by
  297  the Donate Life Florida to educate Florida residents on the
  298  importance of organ, tissue and eye donation and for the
  299  continued maintenance of the Joshua Abbott Organ and Tissue
  300  Donor Registry.
  301  
  302  ================= T I T L E  A M E N D M E N T ================
  303  And the title is amended as follows:
  304         Delete lines 101 - 107
  305  and insert:
  306         320.08056, F.S.; deleting the American Red Cross,
  307         Donate Organs-Pass It On, St. Johns River, and
  308         Hispanic Achievers license plates; establishing an
  309         annual use fee for certain specialty license plate;
  310         conforming cross-references; amending s. 320.08058,
  311         F.S.; deleting the American Red Cross, Donate Organs
  312         Pass It On, St. Johns River, and Hispanic Achievers
  313         license plates; revising the distribution of proceeds
  314         for the Fallen Law Enforcement Officers License Plate;
  315         requiring the Department of Highway Safety and Motor
  316         Vehicles to develop certain specialty license plates;
  317         providing for distribution and use of fees collected
  318         from the sale of the plates;