SENATE AMENDMENT
Bill No. CS for SB 2338
Amendment No. ___ Barcode 744576
CHAMBER ACTION
Senate House
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04/24/2003 05:00 PM .
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11 Senator Pruitt moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 11, between lines 20 and 21,
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16 insert:
17 Section 5. Section 403.4131, Florida Statutes, is
18 amended to read:
19 403.4131 The Clean Florida Commission "Keep Florida
20 Beautiful, Incorporated"; placement of signs.--
21 (1) It is the intent of the Legislature that a
22 coordinated effort of interested businesses, environmental and
23 civic organizations, and state and local agencies of
24 government be developed to plan for and assist in implementing
25 solutions to the litter and solid waste problems in this state
26 and that the state provide funding as set forth in s.
27 403.709(4) to the Clean Florida Commission financial
28 assistance for the establishment of a nonprofit organization
29 with the name of "Keep Florida Beautiful, Incorporated," which
30 shall be registered, incorporated, and operated in compliance
31 with chapter 617. The Clean Florida Commission This nonprofit
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SENATE AMENDMENT
Bill No. CS for SB 2338
Amendment No. ___ Barcode 744576
1 organization shall coordinate the statewide campaign, provide
2 and operate as the grassroots arm of the state's portion of
3 the effort, and shall serve as an umbrella organization for
4 volunteer-based community programs. The Clean Florida
5 Commission organization shall be dedicated to helping Florida
6 and its local communities solve solid waste problems, to
7 developing and implementing a sustained litter prevention
8 campaign, and to act as a working public-private partnership
9 in helping to implement the state's Solid Waste Management
10 Act. The commission may enter into such contracts and
11 agreements with other agencies, organizations, associations,
12 corporations, individuals, or federal agencies as it
13 determines are necessary, expedient, or incidental to the
14 performance of its duties or the execution of its powers under
15 this chapter. The commission may accept gifts, grants,
16 bequests, loans, and endowments for purposes not inconsistent
17 with its responsibilities under this chapter. The Clean
18 Florida Commission shall have rulemaking authority. As part of
19 this effort, the Clean Florida Commission Keep Florida
20 Beautiful, Incorporated, in cooperation with the Environmental
21 Education Foundation, shall strive to educate citizens,
22 visitors, and businesses about the important relationship
23 between the state's environment and economy. The Clean Florida
24 Commission shall Keep Florida Beautiful, Incorporated, is
25 encouraged to explore and identify economic incentives to
26 improve environmental initiatives in the area of solid waste
27 management. The Clean Florida Commission shall coordinate with
28 the Department of Transportation to approve appropriate
29 segments of roadway for adoption and specific locations for
30 placement of adopt-a-highway signs. To assure the safety of
31 the volunteers and the motoring public, litter pick-up
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SENATE AMENDMENT
Bill No. CS for SB 2338
Amendment No. ___ Barcode 744576
1 activities must be conducted in accordance with safety
2 standards of the Department of Transportation and
3 adopt-a-highway litter pick-up processes.
4 (2) There is created within the Department of
5 Community Affairs the Clean Florida Commission, which shall
6 coordinate a statewide public awareness and education campaign
7 involving state agencies, local governments, local
8 organizations, and individuals. The Clean Florida Commission
9 shall consist of the following members:
10 (a) The Secretary of Environmental Protection or the
11 secretary's designee.
12 (b) The Secretary of Transportation or the secretary's
13 designee.
14 (c) The Commissioner of Education or the
15 commissioner's designee.
16 (d) The Commissioner of Agriculture or the
17 commissioner's designee.
18 (e) The Secretary of Community Affairs or the
19 secretary's designee, who shall serve as chairman.
20 (f) Any additional members from interested state
21 agencies, local governments, and state and local organizations
22 who are appointed by unanimous consent of the members listed
23 in paragraphs (a)-(e).
24 (3) The commission has the following powers and
25 duties:
26 (a) To appoint an executive director, who may employ
27 such other administrative and clerical staff as are necessary
28 to carry out the purpose of litter prevention in this state as
29 set forth in this section. Such employment by the commission
30 may be pursuant to contract with a public entity or a private
31 entity.
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Bill No. CS for SB 2338
Amendment No. ___ Barcode 744576
1 (b) To establish an "adopt-a-highway" program to allow
2 volunteers from local organizations to be identified with
3 specific highway cleanup and such organizations shall
4 coordinate such efforts with the Clean Florida Commission.
5 (c) To contract for the development of a highly
6 visible anti-litter campaign that, at a minimum, includes:
7 1. Identifying groups that habitually litter.
8 2. Designing appropriate advertising to promote proper
9 disposal of litter by groups that habitually litter.
10 3. Fostering public awareness of the litter problem in
11 this state and the litter prevention program.
12 4. Developing educational programs and materials for
13 promoting the proper disposal of litter; acting as the state
14 clearinghouse for educational programs and materials
15 developed, distributed, and promoted by state agencies; and
16 coordinating efforts and resources among agencies to ensure
17 minimal duplication of efforts and efficient use of state
18 funds.
19 5. Using talent, equipment, or expertise donated by
20 the private sector for producing multimedia materials.
21 (d) To make and execute contracts necessary to the
22 exercise of its powers, including interagency agreements.
23 (e) To engage in the planning of a litter prevention
24 program.
25 (f) To conduct, direct, encourage, coordinate, and
26 organize a continuous program of public education relating to
27 litter prevention.
28 (g) To review, upon request, all plans and activities
29 pertinent to reducing litter and littering and to coordinate
30 these activities with the various levels of government, as
31 well as with other local organizations.
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Amendment No. ___ Barcode 744576
1 (h) To coordinate with state and local organizations
2 to market programs promoting litter prevention and to
3 facilitate the exchange of such programs between local
4 organizations through annual conferences.
5 (i) To make available to elementary and secondary
6 schools and other public forums educational programs and
7 materials for promoting the proper disposal of litter.
8 (j) To develop and implement statewide incentive
9 programs designed to motivate individual residents of this
10 state, local organizations, local governments, and other
11 groups interested in participating in litter prevention
12 program activities.
13 (k) To provide to local governments and nonprofit
14 organizations grants to be used for implementing and
15 maintaining certified Keep America Beautiful Florida Systems
16 litter prevention programs through education and broadbased
17 public involvement at the community level. Except as
18 specifically appropriated, such a grant may provide up to
19 one-half of the first-year costs of initiating and operating
20 such a program, or $25,000, whichever is less. Certified Keep
21 America Beautiful Florida Systems are eligible to apply for
22 the funding of local level litter prevention and educational
23 programs and projects, and must receive first priority in the
24 award of such grants.
25 (l) To monitor the effectiveness of the statewide
26 litter prevention campaign annually and to prepare an annual
27 report of operations which includes the results of such
28 monitoring. The commission shall submit the annual report to
29 the Governor, the President of the Senate, and the Speaker of
30 the House of Representatives no later than February 1 of each
31 year, beginning in 2004.
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1 (4) The Department of Transportation shall place signs
2 discouraging litter at all off-ramps of the interstate highway
3 system in the state. The department shall place other highway
4 signs as necessary to discourage littering, in accordance with
5 the anti-litter program developed by the commission. The
6 membership of the board of directors of this nonprofit
7 organization may include representatives of the following
8 organizations: the Florida League of Cities, the Florida
9 Association of Counties, the Governor's Office, the Florida
10 Chapter of the National Solid Waste Management Association,
11 the Florida Recyclers Association, the Center for Marine
12 Conservation, Chapter of the Sierra Club, the Associated
13 Industries of Florida, the Florida Soft Drink Association, the
14 Florida Petroleum Council, the Retail Grocers Association of
15 Florida, the Florida Retail Federation, the Pulp and Paper
16 Association, the Florida Automobile Dealers Association, the
17 Beer Industries of Florida, the Florida Beer Wholesalers
18 Association, and the Distilled Spirits Wholesalers.
19 (2) As a partner working with government, business,
20 civic, environmental, and other organizations, Keep Florida
21 Beautiful, Incorporated, shall strive to assist the state and
22 its local communities by contracting for the development of a
23 highly visible antilitter campaign that, at a minimum,
24 includes:
25 (a) Coordinating with the Center for Marine
26 Conservation and the Center for Solid and Hazardous Waste
27 Management to identify components of the marine debris and
28 litter stream and groups that habitually litter.
29 (b) Designing appropriate advertising to promote the
30 proper management of solid waste, with emphasis on educating
31 groups that habitually litter.
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1 (c) Fostering public awareness and striving to build
2 an environmental ethic in this state through the development
3 of educational programs that result in an understanding and in
4 action on the part of individuals and organizations about the
5 role they must play in preventing litter and protecting
6 Florida's environment.
7 (d) Developing educational programs and materials that
8 promote the proper management of solid waste, including the
9 proper disposal of litter.
10 (e) Administering grants provided by the state.
11 Grants authorized under this section shall be subject to
12 normal department audit procedures and review.
13 (3) The Department of Transportation shall establish
14 an "adopt-a-highway" program to allow local organizations to
15 be identified with specific highway cleanup and highway
16 beautification projects authorized under s. 339.2405 and shall
17 coordinate such efforts with Keep Florida Beautiful, Inc. The
18 department shall report to the Governor and the Legislature on
19 the progress achieved and the savings incurred by the
20 "adopt-a-highway" program. The department shall also monitor
21 and report on compliance with provisions of the
22 adopt-a-highway program to ensure that organizations that
23 participate in the program comply with the goals identified by
24 the department.
25 (4) The Department of Transportation shall place signs
26 discouraging litter at all off-ramps of the interstate highway
27 system in the state. The department shall place other highway
28 signs as necessary to discourage littering through use of the
29 antilitter program developed by Keep Florida Beautiful,
30 Incorporated.
31 (5) Each county is encouraged to initiate a litter
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1 control and prevention program or to expand upon its existing
2 program. The Department of Environmental Protection shall
3 establish a system of grants for municipalities and counties
4 to implement litter control and prevention programs. In
5 addition to the activities described in subsection (1), such
6 grants shall at a minimum be used for litter cleanup,
7 grassroots educational programs involving litter removal and
8 prevention, and the placement of litter and recycling
9 receptacles. Counties are encouraged to form working public
10 private partnerships as authorized under this section to
11 implement litter control and prevention programs at the
12 community level. The grants authorized pursuant to this
13 section shall be incorporated as part of the recycling and
14 education grants. Counties that have a population under 75,000
15 are encouraged to develop a regional approach to administering
16 and coordinating their litter control and prevention programs.
17 (6) The department may contract with Keep Florida
18 Beautiful, Incorporated, to help carry out the provisions of
19 this section. All contracts authorized under this section are
20 subject to normal department audit procedures and review.
21 (6)(7) In order to establish continuity for the
22 statewide program, those local governments and community
23 programs receiving grants for litter prevention and control
24 must use the official State of Florida litter control or
25 campaign symbol adopted by the Clean Florida Commission Keep
26 Florida Beautiful, Incorporated, for use on various
27 receptacles and program material.
28 (8) The Legislature establishes a litter reduction
29 goal of 50 percent reduction from the period January 1, 1994,
30 to January 1, 1997. The method of determination used to
31 measure the reduction in litter is the survey conducted by the
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Amendment No. ___ Barcode 744576
1 Center for Solid and Hazardous Waste Management. The center
2 shall consider existing litter survey methodologies.
3 (7)(9) The Department of Environmental Protection
4 shall contract with the Center for Solid and Hazardous Waste
5 Management for an ongoing annual litter survey, the first of
6 which is to be conducted by January 1, 1994. The center shall
7 appoint a broad-based work group not to exceed seven members
8 to assist in the development and implementation of the survey.
9 Representatives from the university system, business,
10 government, and the environmental community shall be
11 considered by the center to serve on the work group. Final
12 authority on implementing and conducting the survey rests with
13 the center. The first survey is to be designed to serve as a
14 baseline by measuring the amount of current litter and marine
15 debris, and is to include a methodology for measuring the
16 reduction in the amount of litter and marine debris to
17 determine the progress toward the litter reduction goal
18 established in subsection (8). Annually thereafter, additional
19 surveys are to be conducted and must also include a
20 methodology for measuring the reduction in the amount of
21 litter and for determining progress toward the litter
22 reduction goal established in subsection (8).
23 (8)(10)(a) There is created within the Department of
24 Agriculture and Consumer Services Keep Florida Beautiful,
25 Inc., the Wildflower Advisory Council, consisting of a maximum
26 of nine members to direct and oversee the expenditure of the
27 Wildflower Account. The Wildflower Advisory Council shall
28 include a representative from the University of Florida
29 Institute of Food and Agricultural Sciences, the Florida
30 Department of Transportation, and the Florida Department of
31 Environmental Protection, the Florida League of Cities, and
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Amendment No. ___ Barcode 744576
1 the Florida Association of Counties. Other members of the
2 committee may include representatives from the Florida
3 Federation of Garden Clubs, Inc., Think Beauty Foundation, the
4 Florida Chapter of the American Society of Landscape
5 Architects, Inc., and a representative of the Master
6 Gardener's Program.
7 (b) The Wildflower Advisory Council shall be
8 controlled and directed by the Department of Agriculture and
9 Consumer Services and shall serve in an advisory capacity to
10 the department with respect to the award of develop procedures
11 of operation, research contracts, educational programs, and
12 wildflower planting grants for Florida native wildflowers,
13 plants, and grasses. The council shall also make
14 recommendations to the department concerning the final
15 determination of what constitutes acceptable species of
16 wildflowers and other plantings supported by these programs.
17 Section 6. Paragraphs (a) and (j) of subsection (2) of
18 section 403.41315, Florida Statutes, are amended to read:
19 403.41315 Comprehensive illegal dumping, litter, and
20 marine debris control and prevention.--
21 (2) The comprehensive illegal dumping, litter, and
22 marine debris control and prevention program at a minimum must
23 include the following:
24 (a) A statewide public awareness and educational
25 campaign, coordinated by the Clean Florida Commission Keep
26 Florida Beautiful, Incorporated, to educate individuals,
27 government, businesses, and other organizations concerning the
28 role they must assume in preventing and controlling litter.
29 (j) Other educational programs that are implemented at
30 the grassroots level coordinated through the Clean Florida
31 Commission Keep Florida Beautiful, Inc., involving volunteers
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1 and community programs that clean up and prevent litter,
2 including Youth Conservation Corps activities.
3 Section 7. Subsection (4) of section 403.709, Florida
4 Statutes, is amended to read:
5 403.709 Solid Waste Management Trust Fund; use of
6 waste tire fees.--There is created the Solid Waste Management
7 Trust Fund, to be administered by the department. From the
8 annual revenues deposited in the trust fund, unless otherwise
9 specified in the General Appropriations Act:
10 (4) Up to 4.5 percent shall be used for funding to the
11 Clean Florida Commission Department of Transportation for the
12 coordination, development, and establishment of a statewide
13 public awareness litter prevention and education campaign
14 control programs coordinated by Keep Florida Beautiful, Inc.
15 The Clean Florida Commission shall establish a competitive and
16 innovative grant program pursuant to s. 403.4131.
17 Section 8. Subsection (28) of section 320.08058,
18 Florida Statutes, is amended to read:
19 320.08058 Specialty license plates.--
20 (28) FLORIDA WILDFLOWER LICENSE PLATES.--
21 (a) The department shall develop a Florida Wildflower
22 license plate as provided in this section. The word "Florida"
23 must appear at the top of the plate, and the words "State
24 Wildflower" and "coreopsis" must appear at the bottom of the
25 plate.
26 (b) The annual use fees shall be distributed to the
27 Wildflower Trust Fund in the Department of Agriculture and
28 Consumer Services Account established by Keep Florida
29 Beautiful, Inc., created by s. 403.4131. The proceeds must be
30 used to establish native Florida wildflower research programs,
31 wildflower educational programs, and wildflower grant programs
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1 to municipal, county, and community-based groups in this
2 state. A maximum of 10 percent of the proceeds from the sale
3 of such plates may be used for administrative costs.
4 Section 9. (1) All unexpended proceeds of fees paid
5 for Wildflower license plates which are held by Keep Florida
6 Beautiful, Inc., must be transferred to the Wildflower Trust
7 Fund in the Department of Agriculture and Consumer Services
8 promptly after the effective date of this act.
9 Section 10. There is created within the Florida
10 Department of Agriculture and Consumer Services the Florida
11 Wildflower Advisory Council. The department shall enter into a
12 memorandum or letter of agreement with the Wildflower Advisory
13 Council, which shall specify the approval of the department,
14 the powers and duties of the council, and rules with which the
15 council shall comply. The head of the department shall provide
16 from existing personnel staff support services to the council
17 as are necessary to enable the council to fulfill its duties
18 and responsibilities. The council shall consist of a maximum
19 of 15 members who shall direct the revenues and expenditures
20 of the Wildflower Trust Fund. The council members shall serve
21 without compensation but are entitled to per diem and travel
22 expenses pursuant to section 112.061, Florida Statutes. The
23 council shall include a representative from the University of
24 Florida Institute of Food and Agricultural Sciences, the
25 Florida Department of Transportation, the Florida Department
26 of Environmental Protection, the Florida Department of
27 Agriculture and Consumer Services, the Florida League of
28 Cities, and the Florida Association of Counties. Other members
29 of the council may include representatives from the Florida
30 Federation of Garden Clubs, Inc., Think Beauty Foundation,
31 Inc., the Florida Chapter of the American Society of Landscape
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1 Architects, Inc., the Florida Master Gardner Program, Keep
2 Florida Beautiful, Inc., the Florida Nurserymen and Growers
3 Association, Inc., the Association of Florida Native
4 Nurseries, Inc., and two members of the Florida Wildflower
5 Foundation, Inc. The Commissioner of Agriculture, based on
6 recommendations from the above listed organizations, shall
7 appoint members to the council.
8 (2) The Florida Wildflower Advisory Council shall
9 develop operational procedures, marketing initiatives,
10 research contracts, educational programs, and wildflower
11 planting grants for native wildflowers, plants, and grasses
12 and shall submit their recommendations for approval to the
13 Commissioner of Agriculture. The council shall make the final
14 determination of what constitutes acceptable species of
15 wildflowers and other plantings to be supported by these
16 programs.
17 Section 11. Wildflower Trust Fund.--
18 (1) Funds in the Wildflower Trust Fund in the
19 Department of Agriculture and Consumer Services may be used by
20 the department only to:
21 (a) Market the Wildflower license plate;
22 (b) Establish native wildflower research programs;
23 (c) Conduct wildflower educational programs; and
24 (d) Provide wildflower grant programs to state,
25 municipal, county, and community-based groups in this state.
26 (2) The department and the Wildflower Advisory Council
27 shall identify, develop, and collect sources of public and
28 private funding for native wildflower and grass development
29 projects. The department may accept, apply for, expend, and
30 use any gift, grant of money, or property for projects deemed
31 worthy by the Florida Wildflower Advisory Council and the
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Amendment No. ___ Barcode 744576
1 Commissioner of Agriculture.
2 (3) The Wildflower Trust Fund is exempt from service
3 charges and the appropriation required by section 215.20(1),
4 (2), and (4), Florida Statutes.
5 Section 12. All unexpended proceeds of fees paid for
6 Wildflower license plates which are held by Keep Florida
7 Beautiful, Inc., must be transferred to the Department of
8 Agriculture and Consumer Services promptly after the effective
9 date of this act.
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11 (Redesignate subsequent sections.)
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14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 On page 1, line 18, after the semicolon,
17
18 insert:
19 amending s. 403.4131, F.S.; replacing "Keep
20 Florida Beautiful, Incorporated" with the Clean
21 Florida Commission; providing membership and
22 duties of the commission; providing rulemaking
23 authority; providing for an executive director
24 and other commission employees; providing for
25 the commission to contract for the development
26 of a statewide anti-litter campaign; providing
27 for local governments and nonprofit
28 organizations to receive grants to be used for
29 community litter prevention programs; providing
30 priorities for the award of grants; requiring
31 an annual report to the Governor and to
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1 legislative leaders; requiring the Department
2 of Transportation to erect anti-litter signs;
3 providing requirements for litter reduction
4 programs; placing the Wildflower Advisory
5 Council under the control of the Department of
6 Agriculture and Consumer Services; amending
7 duties of the council; amending s. 403.41315,
8 F.S.; amending cross-references, to conform;
9 amending s. 403.709, F.S.; transferring
10 proceeds to be used in litter prevention from
11 the Solid Waste Management Trust Fund to the
12 Clean Florida Commission; imposing a duty on
13 the commission; amending s. 320.08058, F.S.;
14 providing that the proceeds of fees paid for
15 Wildflower license plates must be distributed
16 to the Wildflower Trust Fund in the Department
17 of Agriculture and Consumer Services; creating
18 the Wildflower Advisory Council and providing
19 for membership, powers, and duties; specifying
20 uses of the proceeds; transferring the balance
21 of such proceeds from "Keep Florida Beautiful,
22 Incorporated" to the department;
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