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Senate Bill 0666

Senate Bill sb0666

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    Florida Senate - 2003                                   SB 666

    By Senator Pruitt





    28-415-03

  1                      A bill to be entitled

  2         An act relating to environmental control;

  3         amending s. 403.4131, F.S.; replacing "Keep

  4         Florida Beautiful, Incorporated" with the Clean

  5         Florida Commission; providing membership and

  6         duties of the commission; providing for an

  7         executive director and other commission

  8         employees; providing for the commission to

  9         contract for the development of a statewide

10         anti-litter campaign; providing for local

11         governments and nonprofit organizations to

12         receive grants to be used for community litter

13         prevention programs; providing priorities for

14         the award of grants; requiring an annual report

15         to the Governor and to legislative leaders;

16         requiring the Department of Transportation to

17         erect anti-litter signs; providing requirements

18         for litter reduction programs; placing the

19         Wildflower Advisory Council under the control

20         of the Department of Agriculture and Consumer

21         Services; amending duties of the council;

22         amending s. 403.41315, F.S.; amending

23         cross-references, to conform; amending s.

24         403.709, F.S.; transferring proceeds to be used

25         in litter prevention from the Solid Waste

26         Management Trust Fund to the Clean Florida

27         Commission; imposing a duty on the commission;

28         amending s. 320.08058, F.S.; providing that the

29         proceeds of fees paid for Wildflower license

30         plates must be distributed to the Department of

31         Agriculture and Consumer Services; specifying

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    Florida Senate - 2003                                   SB 666
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 1         uses of the proceeds; transferring the balance

 2         of such proceeds from "Keep Florida Beautiful,

 3         Incorporated" to the department; providing an

 4         effective date.

 5  

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

 7  

 8         Section 1.  Section 403.4131, Florida Statutes, is

 9  amended to read:

10         403.4131  The Clean Florida Commission "Keep Florida

11  Beautiful, Incorporated"; placement of signs.--

12         (1)  It is the intent of the Legislature that a

13  coordinated effort of interested businesses, environmental and

14  civic organizations, and state and local agencies of

15  government be developed to plan for and assist in implementing

16  solutions to the litter and solid waste problems in this state

17  and that the state provide funding as set forth in s.

18  403.709(4) to the Clean Florida Commission financial

19  assistance for the establishment of a nonprofit organization

20  with the name of "Keep Florida Beautiful, Incorporated," which

21  shall be registered, incorporated, and operated in compliance

22  with chapter 617. The Clean Florida Commission This nonprofit

23  organization shall coordinate the statewide campaign, provide

24  and operate as the grassroots arm of the state's portion of

25  the effort, and shall serve as an umbrella organization for

26  volunteer-based community programs. The Clean Florida

27  Commission organization shall be dedicated to helping Florida

28  and its local communities solve solid waste problems, to

29  developing and implementing a sustained litter prevention

30  campaign, and to act as a working public-private partnership

31  in helping to implement the state's Solid Waste Management

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    Florida Senate - 2003                                   SB 666
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 1  Act. The commission may enter into such contracts and

 2  agreements with other agencies, organizations, associations,

 3  corporations, individuals, or federal agencies as it

 4  determines are necessary, expedient, or incidental to the

 5  performance of its duties or the execution of its powers under

 6  this chapter. The commission may accept gifts, grants,

 7  bequests, loans, and endowments for purposes not inconsistent

 8  with its responsibilities under this chapter. As part of this

 9  effort, the Clean Florida Commission Keep Florida Beautiful,

10  Incorporated, in cooperation with the Environmental Education

11  Foundation, shall strive to educate citizens, visitors, and

12  businesses about the important relationship between the

13  state's environment and economy. The Clean Florida Commission

14  shall Keep Florida Beautiful, Incorporated, is encouraged to

15  explore and identify economic incentives to improve

16  environmental initiatives in the area of solid waste

17  management.

18         (2)  There is created within the Department of

19  Community Affairs the Clean Florida Commission, which shall

20  coordinate a statewide program involving state agencies, local

21  governments, local organizations, and individuals. The Clean

22  Florida Commission shall consist of the following members:

23         (a)  The Secretary of Environmental Protection or the

24  secretary's designee.

25         (b)  The Secretary of Transportation or the secretary's

26  designee.

27         (c)  The Commissioner of Education or the

28  commissioner's designee.

29         (d)  The Commissioner of Agriculture or the

30  commissioner's designee.

31  

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    Florida Senate - 2003                                   SB 666
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 1         (e)  The Secretary of Community Affairs or the

 2  secretary's designee, who shall serve as chairman.

 3         (f)  Any additional members from interested state

 4  agencies, local governments, and state and local organizations

 5  who are appointed by unanimous consent of the members listed

 6  in paragraphs (a)-(e).

 7         (3)  The commission has the following powers and

 8  duties:

 9         (a)  To appoint an executive director, who may employ

10  such other administrative and clerical staff as are necessary

11  to carry out the purpose of litter prevention in this state as

12  set forth in this section. Such employment by the commission

13  may be pursuant to contract with a public entity or a private

14  entity.

15         (b)  To administer and promote the Department of

16  Transportation's adopt-a-highway program to allow volunteers

17  from local organizations to be identified with specific

18  highway cleanup and beautification projects.

19         (c)  To contract for the development of a highly

20  visible anti-litter campaign that, at a minimum, includes:

21         1.  Identifying groups that habitually litter.

22         2.  Designing appropriate advertising to promote proper

23  disposal of litter by groups that habitually litter.

24         3.  Fostering public awareness of the litter problem in

25  this state and the litter prevention program.

26         4.  Developing educational programs and materials for

27  promoting the proper disposal of litter; acting as the state

28  clearinghouse for educational programs and materials

29  developed, distributed, and promoted by state agencies; and

30  coordinating efforts and resources among agencies to ensure

31  

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    Florida Senate - 2003                                   SB 666
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 1  minimal duplication of efforts and efficient use of state

 2  funds.

 3         5.  Using talent, equipment, or expertise donated by

 4  the private sector for producing multimedia materials.

 5         (d)  To make and execute contracts necessary to the

 6  exercise of its powers, including interagency agreements.

 7         (e)  To engage in the planning of a litter prevention

 8  program.

 9         (f)  To conduct, direct, encourage, coordinate, and

10  organize a continuous program of public education relating to

11  litter prevention.

12         (e)  To review, upon request, all plans and activities

13  pertinent to reducing litter and littering and to coordinate

14  these activities with the various levels of government, as

15  well as with other local organizations.

16         (h)  To coordinate with state and local organizations

17  to market programs promoting litter prevention and to

18  facilitate the exchange of such programs between local

19  organizations through annual conferences.

20         (i)  To make available to elementary and secondary

21  schools and other public forums educational programs and

22  materials for promoting the proper disposal of litter.

23         (j)  To develop and implement statewide incentive

24  programs designed to motivate individual residents of this

25  state, local organizations, local governments, and other

26  groups interested in participating in litter prevention

27  program activities.

28         (k)  To provide to local governments and nonprofit

29  organizations grants to be used for implementing litter

30  prevention programs through education and broadbased public

31  involvement at the community level. Except as specifically

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 1  appropriated, such a grant may provide up to one-half of the

 2  first-year costs of initiating and operating such a program,

 3  or $25,000, whichever is less. Applicants who request funding

 4  for the establishment of local litter prevention systems must

 5  receive first priority in the award of such grants.

 6         (l)  To monitor the effectiveness of the litter

 7  prevention program annually and to prepare an annual report of

 8  operations which includes the results of such monitoring. The

 9  commission shall submit the annual report to the Governor, the

10  President of the Senate, and the Speaker of the House of

11  Representatives no later than February 1 of each year,

12  beginning in 2004.

13         (4)  The Department of Transportation shall place signs

14  discouraging litter at all off-ramps of the interstate highway

15  system in the state. The department shall place other highway

16  signs as necessary to discourage littering, in accordance with

17  the anti-litter program developed by the commission. The

18  membership of the board of directors of this nonprofit

19  organization may include representatives of the following

20  organizations: the Florida League of Cities, the Florida

21  Association of Counties, the Governor's Office, the Florida

22  Chapter of the National Solid Waste Management Association,

23  the Florida Recyclers Association, the Center for Marine

24  Conservation, Chapter of the Sierra Club, the Associated

25  Industries of Florida, the Florida Soft Drink Association, the

26  Florida Petroleum Council, the Retail Grocers Association of

27  Florida, the Florida Retail Federation, the Pulp and Paper

28  Association, the Florida Automobile Dealers Association, the

29  Beer Industries of Florida, the Florida Beer Wholesalers

30  Association, and the Distilled Spirits Wholesalers.

31  

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 1         (2)  As a partner working with government, business,

 2  civic, environmental, and other organizations, Keep Florida

 3  Beautiful, Incorporated, shall strive to assist the state and

 4  its local communities by contracting for the development of a

 5  highly visible antilitter campaign that, at a minimum,

 6  includes:

 7         (a)  Coordinating with the Center for Marine

 8  Conservation and the Center for Solid and Hazardous Waste

 9  Management to identify components of the marine debris and

10  litter stream and groups that habitually litter.

11         (b)  Designing appropriate advertising to promote the

12  proper management of solid waste, with emphasis on educating

13  groups that habitually litter.

14         (c)  Fostering public awareness and striving to build

15  an environmental ethic in this state through the development

16  of educational programs that result in an understanding and in

17  action on the part of individuals and organizations about the

18  role they must play in preventing litter and protecting

19  Florida's environment.

20         (d)  Developing educational programs and materials that

21  promote the proper management of solid waste, including the

22  proper disposal of litter.

23         (e)  Administering grants provided by the state.

24  Grants authorized under this section shall be subject to

25  normal department audit procedures and review.

26         (3)  The Department of Transportation shall establish

27  an "adopt-a-highway" program to allow local organizations to

28  be identified with specific highway cleanup and highway

29  beautification projects authorized under s. 339.2405 and shall

30  coordinate such efforts with Keep Florida Beautiful, Inc.  The

31  department shall report to the Governor and the Legislature on

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    Florida Senate - 2003                                   SB 666
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 1  the progress achieved and the savings incurred by the

 2  "adopt-a-highway" program.  The department shall also monitor

 3  and report on compliance with provisions of the

 4  adopt-a-highway program to ensure that organizations that

 5  participate in the program comply with the goals identified by

 6  the department.

 7         (4)  The Department of Transportation shall place signs

 8  discouraging litter at all off-ramps of the interstate highway

 9  system in the state.  The department shall place other highway

10  signs as necessary to discourage littering through use of the

11  antilitter program developed by Keep Florida Beautiful,

12  Incorporated.

13         (5)  Each county is encouraged to initiate a litter

14  control and prevention program or to expand upon its existing

15  program.  The department shall establish a system of grants

16  for municipalities and counties to implement litter control

17  and prevention programs.  In addition to the activities

18  described in subsection (1), such grants shall at a minimum be

19  used for litter cleanup, grassroots educational programs

20  involving litter removal and prevention, and the placement of

21  litter and recycling receptacles. Counties are encouraged to

22  form working public private partnerships as authorized under

23  this section to implement litter control and prevention

24  programs at the community level. The grants authorized

25  pursuant to this section shall be incorporated as part of the

26  recycling and education grants. Counties that have a

27  population under 75,000 are encouraged to develop a regional

28  approach to administering and coordinating their litter

29  control and prevention programs.

30         (6)  The department may contract with Keep Florida

31  Beautiful, Incorporated, to help carry out the provisions of

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    Florida Senate - 2003                                   SB 666
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 1  this section.  All contracts authorized under this section are

 2  subject to normal department audit procedures and review.

 3         (6)(7)  In order to establish continuity for the

 4  statewide program, those local governments and community

 5  programs receiving grants for litter prevention and control

 6  must use the official State of Florida litter control or

 7  campaign symbol adopted by the Clean Florida Commission Keep

 8  Florida Beautiful, Incorporated, for use on various

 9  receptacles and program material.

10         (8)  The Legislature establishes a litter reduction

11  goal of 50 percent reduction from the period January 1, 1994,

12  to January 1, 1997.  The method of determination used to

13  measure the reduction in litter is the survey conducted by the

14  Center for Solid and Hazardous Waste Management.  The center

15  shall consider existing litter survey methodologies.

16         (7)(9)  The Department of Environmental Protection

17  shall contract with the Center for Solid and Hazardous Waste

18  Management for an ongoing annual litter survey, the first of

19  which is to be conducted by January 1, 1994. The center shall

20  appoint a broad-based work group not to exceed seven members

21  to assist in the development and implementation of the survey.

22  Representatives from the university system, business,

23  government, and the environmental community shall be

24  considered by the center to serve on the work group. Final

25  authority on implementing and conducting the survey rests with

26  the center. The first survey is to be designed to serve as a

27  baseline by measuring the amount of current litter and marine

28  debris, and is to include a methodology for measuring the

29  reduction in the amount of litter and marine debris to

30  determine the progress toward the litter reduction goal

31  established in subsection (8). Annually thereafter, additional

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 1  surveys are to be conducted and must also include a

 2  methodology for measuring the reduction in the amount of

 3  litter and for determining progress toward the litter

 4  reduction goal established in subsection (8).

 5         (8)(10)(a)  There is created within the Department of

 6  Agriculture and Consumer Services Keep Florida Beautiful,

 7  Inc., the Wildflower Advisory Council, consisting of a maximum

 8  of nine members to direct and oversee the expenditure of the

 9  Wildflower Account. The Wildflower Advisory Council shall

10  include a representative from the University of Florida

11  Institute of Food and Agricultural Sciences, the Florida

12  Department of Transportation, and the Florida Department of

13  Environmental Protection, the Florida League of Cities, and

14  the Florida Association of Counties. Other members of the

15  committee may include representatives from the Florida

16  Federation of Garden Clubs, Inc., Think Beauty Foundation, the

17  Florida Chapter of the American Society of Landscape

18  Architects, Inc., and a representative of the Master

19  Gardener's Program.

20         (b)  The Wildflower Advisory Council shall be

21  controlled and directed by the Department of Agriculture and

22  Consumer Services and shall serve in an advisory capacity to

23  the department with respect to the award of develop procedures

24  of operation, research contracts, educational programs, and

25  wildflower planting grants for Florida native wildflowers,

26  plants, and grasses. The council shall also make

27  recommendations to the department concerning the final

28  determination of what constitutes acceptable species of

29  wildflowers and other plantings supported by these programs.

30         Section 2.  Paragraphs (a) and (j) of subsection (2) of

31  section 403.41315, Florida Statutes, are amended to read:

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 1         403.41315  Comprehensive illegal dumping, litter, and

 2  marine debris control and prevention.--

 3         (2)  The comprehensive illegal dumping, litter, and

 4  marine debris control and prevention program at a minimum must

 5  include the following:

 6         (a)  A statewide public awareness and educational

 7  campaign, coordinated by the Clean Florida Commission Keep

 8  Florida Beautiful, Incorporated, to educate individuals,

 9  government, businesses, and other organizations concerning the

10  role they must assume in preventing and controlling litter.

11         (j)  Other educational programs that are implemented at

12  the grassroots level coordinated through the Clean Florida

13  Commission Keep Florida Beautiful, Inc., involving volunteers

14  and community programs that clean up and prevent litter,

15  including Youth Conservation Corps activities.

16         Section 3.  Subsection (4) of section 403.709, Florida

17  Statutes, is amended to read:

18         403.709  Solid Waste Management Trust Fund; use of

19  waste tire fees.--There is created the Solid Waste Management

20  Trust Fund, to be administered by the department. From the

21  annual revenues deposited in the trust fund, unless otherwise

22  specified in the General Appropriations Act:

23         (4)  Up to 4.5 percent shall be used for funding to the

24  Clean Florida Commission Department of Transportation for the

25  coordination, development, and establishment of litter

26  prevention and education control programs coordinated by Keep

27  Florida Beautiful, Inc. The Clean Florida Commission shall

28  establish a competitive and innovative grant program pursuant

29  to s. 403.4131.

30         Section 4.  Subsection (28) of section 320.08058,

31  Florida Statutes, is amended to read:

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 1         320.08058  Specialty license plates.--

 2         (28)  FLORIDA WILDFLOWER LICENSE PLATES.--

 3         (a)  The department shall develop a Florida Wildflower

 4  license plate as provided in this section. The word "Florida"

 5  must appear at the top of the plate, and the words "State

 6  Wildflower" and "coreopsis" must appear at the bottom of the

 7  plate.

 8         (b)  The annual use fees shall be distributed to the

 9  Department of Agriculture and Consumer Services, to be used

10  for the purposes set forth in Wildflower Account established

11  by Keep Florida Beautiful, Inc., created by s. 403.4131. The

12  proceeds must be used to establish native Florida wildflower

13  research programs, wildflower educational programs, and

14  wildflower grant programs to municipal, county, and

15  community-based groups in this state. A maximum of 10 percent

16  of the proceeds from the sale of such plates may be used for

17  administrative costs.

18         Section 5.  All unexpended proceeds of fees paid for

19  Wildflower license plates which are held by Keep Florida

20  Beautiful, Inc., must be transferred to the Department of

21  Agriculture and Consumer Services promptly after the effective

22  date of this act.

23         Section 6.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                                   SB 666
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Replaces "Keep Florida Beautiful, Incorporated" with the
      Clean Florida Commission. Provides membership and duties
 4    of the commission. Provides for an executive director and
      other commission employees. Provides for the commission
 5    to contract for the development of a statewide
      anti-litter campaign. Provides for local governments and
 6    nonprofit organizations to receive grants to be used for
      community litter prevention programs. Provides priorities
 7    for awarding grants. Requires the commission to submit an
      annual report to the Governor and to legislative leaders.
 8    Requires the Department of Transportation to erect
      anti-litter signs at highway off-ramps. Provides
 9    requirements for litter reduction programs. Places the
      Wildflower Advisory Council under the control of the
10    Department of Agriculture and Consumer Services. Amends
      the duties of the council. Transfers the proceeds of fees
11    paid for Wildflower license plates from the council to
      the Department of Agriculture and Consumer Services.
12    Specifies uses of the proceeds. Transfers proceeds to be
      used in litter prevention from the Solid Waste Management
13    Trust Fund to the Clean Florida Commission. Imposes on
      the commission a duty relating to grant programs.
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