January 19, 2020
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Senate Bill 1366

Senate Bill sb1366c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1366

    By the Committee on Governmental Oversight and Productivity;
    and Senator Klein




    302-2336-04

  1                      A bill to be entitled

  2         An act relating to animal welfare protection

  3         programs; creating s. 570.93, F.S.; creating

  4         the Florida Animal Friends, Inc., as a

  5         direct-support organization of the Department

  6         of Agriculture and Consumer Services for the

  7         purpose of distributing funds received from the

  8         sale of the Animal Friend license plate;

  9         providing for membership and meetings;

10         providing for a grant solicitation and award

11         process; providing purposes for funding;

12         amending ss. 320.08056 and 320.08058, F.S.;

13         creating the Animal Friend license plate;

14         providing for the distribution of annual use

15         fees received from the sale of such plates;

16         providing an effective date.

17  

18         WHEREAS, 2,000 dogs and 3,000 cats are born every hour

19  in the United States, and

20         WHEREAS, one unspayed female dog, her mate, and their

21  offspring can produce 67,000 dogs in only 6 years, and

22         WHEREAS, one unspayed female cat, her mate, and their

23  offspring can produce 370,092 cats in just 7 years, and

24         WHEREAS, an estimated 800,000 homeless cats and dogs

25  were euthanized in Florida in the year 2002, NOW, THEREFORE,

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Section 570.93, Florida Statutes, is

30  created to read:

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1366
    302-2336-04




 1         570.93  Florida Animal Friends, Inc.; direct-support

 2  organization.--

 3         (1)  Florida Animal Friends, Inc., is created as a

 4  not-for-profit corporation incorporated under chapter 617 and

 5  shall be organized and operated to conduct programs and

 6  activities; initiate developmental projects; raise funds;

 7  request and receive grants, gifts, and bequests of moneys;

 8  acquire, receive, hold, invest, and administer, in its own

 9  name, securities, funds, objects of value, or other property,

10  real or personal; and make expenditures to or for the direct

11  or indirect benefit of the state, for spay and neuter

12  programs, and for other emergency animal welfare protection

13  programs in this state.

14         (2)  Florida Animal Friends, Inc., is a direct-support

15  organization of the Department of Agriculture and Consumer

16  Services which is created to accomplish the purposes and

17  objectives of this section. The activities of the corporation

18  must be consistent with the best interests of the state.

19         (3)  The corporation:

20         (a)  Is subject to the requirements of s. 24, Art. I of

21  the State Constitution, chapter 119, and s. 286.011;

22         (b)  Shall have a fiscal year of July 1 to June 30;

23         (c)  Must obtain an annual financial audit that shall

24  be submitted to the Commissioner of Agriculture for review and

25  approval;

26         (d)  Shall develop and administer a grant solicitation

27  and award process for the distribution of funds received from

28  the sale of the Animal Friend license plate pursuant to the

29  provisions of s. 320.08058. Funding shall be granted and used

30  only for those proposals that are in compliance with federal,

31  state, and local laws and ordinances; and

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1366
    302-2336-04




 1         (e)  Shall maintain all moneys that it receives in a

 2  bank account outside of the State Treasury and shall use such

 3  funds only in a manner consistent with the purposes and goals

 4  provided in this section. Funds shall be used only for the

 5  following purposes:

 6         1.  Spay and neuter programs provided by not-for-profit

 7  organizations or governmental agencies in this state which

 8  deal with spay or neuter programs.

 9         2.  Other emergency animal welfare protection programs

10  or projects, provided that funding for the program or project

11  is approved by a unanimous vote of the board.

12         (4)(a)  The board of directors shall consist of five

13  members, as follows:

14         1.  A representative of the Humane Society of the

15  United States.

16         2.  A representative of the Florida Veterinary Medical

17  Association.

18         3.  A representative of the Florida Animal Control

19  Association.

20         4.  One member at large who shall be appointed to a

21  term of 2 years by the other members of the board. This member

22  shall represent a not-for-profit organization not directly

23  affiliated with any other organization represented on the

24  board of directors. The not-for-profit organization that this

25  member represents may not apply for a grant during the year he

26  or she serves on the board.

27         5.  One member at large who shall be appointed by the

28  Commissioner of Agriculture.

29         (b)  Members of the board, unless otherwise specified

30  in this section, shall be appointed to terms of 4 years each

31  

                                  3

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    Florida Senate - 2004                           CS for SB 1366
    302-2336-04




 1  or until their successors are duly qualified and appointed.

 2  Members may serve consecutive terms.

 3         (c)  The board shall meet at least biannually.

 4         (5)(a)  The Department of Agriculture and Consumer

 5  Services may permit, without charge, the appropriate use of

 6  property and facilities of the state by the direct-support

 7  organization subject to this section. Such use must be

 8  directly in keeping with the approved purposes of the

 9  direct-support organization.

10         (b)  The Commissioner of Agriculture may designate

11  employees of the department to solicit donations from public

12  or private sources to fund the authorized purposes of the

13  direct-support organization.

14         (6)  Upon the dissolution of the corporation, all

15  properties of the corporation shall revert to the state.

16         Section 2.  Paragraph (ss) is added to subsection (4)

17  of section 320.08056, Florida Statutes, to read:

18         320.08056  Specialty license plates.--

19         (4)  The following license plate annual use fees shall

20  be collected for the appropriate specialty license plates:

21         (ss)  Animal Friend license plate, $25.

22         Section 3.  Subsection (45) is added to section

23  320.08058, Florida Statutes, to read:

24         320.08058  Specialty license plates.--

25         (45)  ANIMAL FRIEND LICENSE PLATES.--

26         (a)  Notwithstanding the provisions of s. 320.08053,

27  the department shall develop an Animal Friend license plate as

28  provided in this section. Animal Friend license plates must

29  bear the colors and design approved by the department. The

30  word "Florida" must appear at the top of the plate, and the

31  words "Animal Friend" must appear at the bottom of the plate.

                                  4

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    Florida Senate - 2004                           CS for SB 1366
    302-2336-04




 1         (b)1.  The proceeds of the annual use fee shall be

 2  distributed to Florida Animal Friends, Inc., as created in s.

 3  570.93 and used as provided for in that section.

 4         2.  In the first year the plate is issued, no more than

 5  25 percent of the fees collected may be used for

 6  administrative costs directly associated with the operation of

 7  Florida Animal Friends, Inc., and marketing and promotion of

 8  the Animal Friend concept and license plate.

 9         3.  In the second and subsequent years that the plate

10  is issued, no more than 20 percent of the fees collected may

11  be used for administrative costs directly associated with the

12  operation of Florida Animal Friends, Inc., and marketing and

13  promotion of the Animal Friend concept and license plate.

14         4.  Funds received from the purchase of the Animal

15  Friend license plate shall not be used for litigation.

16         Section 4.  This act shall take effect July 1, 2004.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                             SB 1366

20                                 

21  Creates the direct-support organization as a nonprofit
    corporation instead of a "council."
22  
    Provides measures to ensure governmental oversight and
23  accountability.

24  Clearly states that the corporation is subject to the
    requirements of Article I, s. 24 of the State Constitution.
25  

26  

27  

28  

29  

30  

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.

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