| 1 | The Committee on Finance & Tax recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to animal welfare protection programs; |
| 7 | creating s. 570.93, F.S.; creating Florida Animal Friends, |
| 8 | Inc., as a direct-support organization of the Department |
| 9 | of Agriculture and Consumer Services; providing for |
| 10 | organization and purpose of the corporation; providing for |
| 11 | application of specified open records and open meetings |
| 12 | provisions; requiring an annual audit; providing for |
| 13 | maintenance and use of funds of the corporation; providing |
| 14 | for the corporation to distribute funds received for sale |
| 15 | of the Animal Friend license plate and other funds; |
| 16 | providing for a grant solicitation and award process; |
| 17 | providing criteria for distribution of funds; providing |
| 18 | for a board of directors of the corporation; providing for |
| 19 | membership and meetings of the board; authorizing the |
| 20 | department to provide use of its property and facilities; |
| 21 | providing for solicitation of donations; providing for |
| 22 | retention of funds on dissolution of the corporation; |
| 23 | amending ss. 320.08056 and 320.08058, F.S.; creating the |
| 24 | Animal Friend license plate; providing for the |
| 25 | distribution of annual use fees received from the sale of |
| 26 | such plates; providing an effective date. |
| 27 |
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| 28 | WHEREAS, 2,000 dogs and 3,000 cats are born every hour in |
| 29 | the United States, and |
| 30 | WHEREAS, one unspayed female dog, her mate, and their |
| 31 | offspring can produce 67,000 dogs in only 6 years, and |
| 32 | WHEREAS, one unspayed female cat, her mate, and their |
| 33 | offspring can produce 370,092 cats in just 7 years, and |
| 34 | WHEREAS, an estimated 800,000 homeless cats and dogs were |
| 35 | euthanized in Florida in the year 2002, NOW, THEREFORE, |
| 36 |
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| 37 | Be It Enacted by the Legislature of the State of Florida: |
| 38 |
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| 39 | Section 1. Section 570.93, Florida Statutes, is created to |
| 40 | read: |
| 41 | 570.93 Florida Animal Friends, Inc.; direct-support |
| 42 | organization.-- |
| 43 | (1) Florida Animals Friends, Inc., is a not-for-profit |
| 44 | corporation incorporated under chapter 617 and is organized and |
| 45 | operated to conduct programs and activities; initiate |
| 46 | developmental projects; raise funds; request and receive grants, |
| 47 | gifts, and bequests of moneys; acquire, receive, hold, invest, |
| 48 | and administer, in its own name, securities, funds, objects of |
| 49 | value, or other property, real or personal; and make |
| 50 | expenditures to or for the direct or indirect benefit of the |
| 51 | state and for spay and neuter programs and other emergency |
| 52 | animal welfare protection programs in this state. |
| 53 | (2) Florida Animal Friends, Inc., is a direct-support |
| 54 | organization of the department that is created to accomplish the |
| 55 | purposes and objectives of this section. The activities of the |
| 56 | corporation must be consistent with the best interests of the |
| 57 | state. |
| 58 | (3) The corporation: |
| 59 | (a) Is subject to the requirements of s. 24, Art. I of the |
| 60 | State Constitution, chapter 119, and s. 286.011. |
| 61 | (b) Has a fiscal year of July 1 to June 30. |
| 62 | (c) Must obtain an annual financial audit, which shall be |
| 63 | submitted to the Commissioner of Agriculture for review and |
| 64 | approval. |
| 65 | (d) Shall develop and administer a grant solicitation and |
| 66 | award process for distribution of funds received for the sale of |
| 67 | the Animal Friend license plate pursuant to the provisions of s. |
| 68 | 320.08058. Funding shall only be granted and used for those |
| 69 | proposals that are in compliance with federal, state, and local |
| 70 | laws and ordinances. |
| 71 | (e) Shall maintain all moneys that it receives in a bank |
| 72 | account outside of the State Treasury and shall only use such |
| 73 | funds in a manner consistent with the purposes and goals |
| 74 | provided in this section. Funds shall be used only for the |
| 75 | following purposes: |
| 76 | 1. Spay and neuter programs provided by not-for-profit |
| 77 | organizations or governmental agencies in this state that deal |
| 78 | with spay or neuter programs. |
| 79 | 2. Other emergency animal welfare protection programs or |
| 80 | projects, provided that funding for the program or project is |
| 81 | approved by unanimous vote of the board of directors of the |
| 82 | corporation. |
| 83 | (4)(a) The board of directors of the corporation shall |
| 84 | consist of five members as follows: |
| 85 | 1. A representative of the Humane Society of the United |
| 86 | States. |
| 87 | 2. A representative of the Florida Veterinary Medical |
| 88 | Association. |
| 89 | 3. A representative of the Florida Animal Control |
| 90 | Association. |
| 91 | 4. One member at large who shall be appointed by the |
| 92 | members of the council and shall serve for 2 years. This member |
| 93 | shall represent a not-for-profit organization not directly |
| 94 | affiliated with any other organization represented on the board |
| 95 | of directors. The not-for-profit organization this member |
| 96 | represents shall not apply for a grant during the 2 years he or |
| 97 | she serves on the board. |
| 98 | 5. One member at large who shall be appointed by the |
| 99 | Commissioner of Agriculture. |
| 100 | (b) Members of the board, unless otherwise specified in |
| 101 | this section, shall serve a term of 4 years or until their |
| 102 | successors are duly qualified and appointed. Members may serve |
| 103 | consecutive terms. |
| 104 | (c) The board shall meet at least biannually. |
| 105 | (5)(a) The department may permit, without charge, the |
| 106 | appropriate use of property and facilities of the state by the |
| 107 | direct-support organization subject to this section. Such use |
| 108 | must be directly in keeping with the approved purposes of the |
| 109 | direct-support organization. |
| 110 | (b) The Commissioner of Agriculture may designate |
| 111 | employees of the department to solicit donations from public or |
| 112 | private sources to fund the authorized purposes of the direct- |
| 113 | support organization. |
| 114 | (6) Upon the dissolution of the corporation, all |
| 115 | properties of the corporation shall revert to the state. |
| 116 | Section 2. Paragraph (ss) is added to subsection (4) of |
| 117 | section 320.08056, Florida Statutes, to read: |
| 118 | 320.08056 Specialty license plates.-- |
| 119 | (4) The following license plate annual use fees shall be |
| 120 | collected for the appropriate specialty license plates: |
| 121 | (ss) Animal Friend license plate, $25. |
| 122 | Section 3. Subsection (45) is added to section 320.08058, |
| 123 | Florida Statutes, to read: |
| 124 | 320.08058 Specialty license plates.-- |
| 125 | (45) ANIMAL FRIEND LICENSE PLATES.-- |
| 126 | (a) Notwithstanding the provisions of s. 320.08053, the |
| 127 | department shall develop an Animal Friend license plate as |
| 128 | provided in this section. Animal Friend license plates must bear |
| 129 | the colors and design approved by the department. The word |
| 130 | "Florida" must appear at the top of the plate, and the words |
| 131 | "Animal Friend" must appear at the bottom of the plate. |
| 132 | (b)1. The department shall retain initial annual use fee |
| 133 | proceeds sufficient to cover its costs related to the |
| 134 | development and issuance of the Animal Friend license plate, not |
| 135 | to exceed $60,000. Thereafter, the proceeds of the annual use |
| 136 | fee shall be distributed to Florida Animal Friends, Inc., as |
| 137 | created in s. 570.93 and used as provided for in that section. |
| 138 | 2. In the first year the plate is issued, no more than 25 |
| 139 | percent of the fees collected may be used for administrative |
| 140 | costs directly associated with the operation of Florida Animal |
| 141 | Friends, Inc., and marketing and promotion of the Animal Friend |
| 142 | concept and license plate. |
| 143 | 3. In the second and subsequent years the plate is issued, |
| 144 | no more than 20 percent of the fees collected may be used for |
| 145 | administrative costs directly associated with the operation of |
| 146 | Florida Animal Friends, Inc., and marketing and promotion of the |
| 147 | Animal Friend concept and license plate. |
| 148 | Section 4. This act shall take effect July 1, 2004. |