2010 Florida Statutes
SECRETARY OF STATE
The Department of State shall have the custody of the constitution and Great Seal of this state, and of the original statutes thereof, and of the resolutions of the Legislature, and of all the official correspondence of the Governor. The department shall keep in its office a register and an index of all official letters, orders, communications, messages, documents, and other official acts issued or received by the Governor or the Secretary of State, and record these in a book numbered in chronological order. The Governor, before issuing any order or transmission of any official letter, communication, or document from the executive office or promulgation of any official act or proceeding, except military orders, shall deliver the same or a copy thereof to the Department of State to be recorded.
s. 1, ch. 1, 1845; ch. 1845, 1871; RS 73; GS 74; RGS 88; CG; s. 1, ch. 28086, 1953; ss. 10, 35, ch. 69-106; s. 41, ch. 95-147; s. 2, ch. 2000-258.
The state flag shall conform with standard commercial sizes and be of the following proportions and description: The seal of the state, in diameter one-half the hoist, shall occupy the center of a white ground. Red bars, in width one-fifth the hoist, shall extend from each corner toward the center, to the outer rim of the seal.
s. 2, ch. 70-300.
Custodian of state flag; state papers; state laws and legislative documents.—
The Department of State shall have custody of the state flag; of all books, papers, files, and documents belonging to the office of Secretary of State; and of the laws of the state and books, papers, journals, and documents of the Legislature.
s. 3, ch. 1, 1845; RS 74; GS 75; RGS 89; CGL 111; s. 2, ch. 28086, 1953; ss. 10, 35, ch. 69-106.
The great seal of the state shall be of the size of the American silver dollar, having in the center thereof a view of the sun’s rays over a highland in the distance, a sabal palmetto palm tree, a steamboat on water, and an Indian female scattering flowers in the foreground, encircled by the words “Great Seal of the State of Florida: In God We Trust.”
The Department of State shall be the custodian of the great seal of the state.
The great seal of this state shall also be the seal of the Department of State, and the department may certify under said seal, copies of any statute, law, resolution, record, paper, letter or document, by law placed in its custody, keeping and care, and such certified copy shall have the same force and effect in evidence, as the original would have.
Only the Department of State shall be authorized to affix the seal to any document for the purpose of attesting, certifying, or otherwise formalizing such document. Any facsimile or reproduction of the great seal shall be manufactured, used, displayed, or otherwise employed by anyone only upon the approval of the Department of State. The Department of State may grant a certificate of approval upon application to it by any person showing good cause for the use of the seal for a proper purpose. The Department of State may adopt reasonable rules for the manufacture or use of the great seal or any facsimile or reproduction thereof. Any person violating the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
s. 4, ch. 1, 1845; RS 75; GS 76; RGS 90; CGL 112; s. 1, ch. 29841, 1955; s. 1, ch. 65-209; ss. 10, 35, ch. 69-106; (2)(a) formerly s. 21, Art. IV of the Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of the Constitution as revised in 1968; s. 1, ch. 70-300; s. 11, ch. 71-136; s. 1, ch. 80-59.
“In God We Trust” is hereby designated and declared the official motto of the State of Florida.
s. 1, ch. 2006-282.
The sabal palmetto palm, which is also known as the cabbage palm, and sometimes as the cabbage palmetto, a tree native to Florida, is hereby designated as the Florida state tree.
Said state tree being now extensively used for commercial purposes, the provisions of this section shall not be construed to limit in any manner said use thereof in business, industry, commerce, for food, or for any other commercial purposes.
ss. 1, 2, ch. 28126, 1953.
The orange (Citrus sinensis and hybrids thereof) is hereby designated the official fruit of Florida.
s. 1, ch. 2005-38.
The juice obtained from mature oranges of the species Citrus sinensis and hybrids thereof is hereby adopted as the official beverage of Florida.
s. 1, ch. 67-4.
Official citrus archive.—
The Florida Citrus Archives, dedicated to Thomas B. Mack and located at Florida Southern College in Lakeland, are designated as the official citrus archive of Florida.
s. 57, ch. 2001-279.
The song “Florida, Where the Sawgrass Meets the Sky,” music and lyrics written by Jan Hinton, is designated as the official anthem of the State of Florida.
s. 1, ch. 2008-233.
The song “Old Folks at Home,” revised lyrics, as adopted by the Center for American Music, Stephen Foster Memorial, at the University of Pittsburgh, is designated as the official song of the State of Florida.
s. 2, ch. 2008-233.
The horse conch, which is also known as Pleuroploca gigantea, and sometimes as the giant band shell, a shell native to the marine waters surrounding the State of Florida, is hereby designated as the Florida state shell.
s. 1, ch. 69-107.
Agatized coral, a chalcedony pseudomorph after coral, appearing as limestone geodes lined with botryoidal agate or quartz crystals and drusy quartz fingers, indigenous to Florida, is hereby designated the Florida state stone.
s. 1, ch. 79-278.
The moonstone, a transparent or translucent feldspar of pearly or opaline luster, is hereby designated the Florida state gem.
s. 1, ch. 70-53.
Official state wildflower.—
The Coreopsis is hereby designated and declared the official Florida state wildflower, as species of this genus are found throughout the state and are used extensively in roadside plantings and highway beautification.
s. 1, ch. 91-10.
Official state play.—
The historical pageant by Paul Green known as the “Cross and Sword,” presented annually by the citizens of the City of St. Augustine, is hereby designated the official play of the state.
s. 1, ch. 73-79.
Official state animal.—
The Florida panther is hereby designated and declared as the official Florida state animal.
s. 1, ch. 82-61.
Official state freshwater fish.—
The Florida largemouth bass (Micropterus salmoides floridanus) is hereby designated and declared as the official Florida state freshwater fish.
s. 1, ch. 75-1.
Official state saltwater fish.—
The Atlantic sailfish (Istiophorus platypterus) is hereby designated and declared as the official Florida state saltwater fish.
s. 2, ch. 75-1.
State marine mammal and state saltwater mammal.—
The manatee, also commonly known as the sea cow, is hereby designated the Florida state marine mammal.
The porpoise, also commonly known as the dolphin, is hereby designated as the Florida state saltwater mammal.
s. 1, ch. 75-75.
Official state butterfly.—
The Zebra Longwing (Heliconius charitonius) is designated the official state butterfly.
s. 1, ch. 96-153.
Official state reptile.—
The American alligator is hereby designated and declared as the official Florida state reptile.
s. 1, ch. 87-18.
Official state saltwater reptile.—
The Loggerhead Turtle is designated as the official Florida state saltwater reptile.
This section is repealed July 1, 2018, unless reviewed and reenacted by the Legislature before that date.
s. 2, ch. 2008-34.
Official state tortoise.—
The Gopher Tortoise (Gopherus polyphemus) is designated the official state tortoise.
s. 25, ch. 2008-229.
Official state air fair.—
The Central Florida Air Fair is hereby designated as the official Florida state air fair.
s. 1, ch. 76-45.
Official state rodeo.—
The Silver Spurs Rodeo, a world class sporting event and the largest rodeo east of the Mississippi River, which is held biennially in Osceola County for top professional cowboys and cowgirls to compete for a chance to be one of the Professional Rodeo Cowboys Association’s world champions, is designated an official state rodeo.
s. 5, ch. 94-97.
The festival “Calle Ocho-Open House 8,” a Florida historical festival presented annually by the Kiwanis Club of Little Havana and the Hispanic citizens of Miami-Dade County, is hereby recognized as a festival of Florida.
s. 1, ch. 80-82; s. 6, ch. 2008-4.
Official state moving image center and archive.—
The Louis Wolfson II Media History Center, Inc., in Miami, is hereby designated as an official state moving image center and archive of the State of Florida.
s. 1, ch. 89-251.
Official litter control symbol.—
The official Keep Florida Beautiful, Incorporated, service mark, as registered with the United States Patent and Trademark Office, is hereby designated as the State of Florida litter control symbol.
s. 1, ch. 78-296; s. 36, ch. 93-207.
Official state pageant.—
The pageant “Indian River,” a Florida historical pageant presented annually by the citizens of Brevard County, is hereby designated an official state pageant of Florida.
s. 1, ch. 79-196.
Official state opera program.—
The Greater Miami Opera Association; the Orlando Opera Company, Incorporated; and the Florida State University School of Music, representing the professional and academic communities in the field of opera, are hereby jointly designated as the official Florida State Opera Program.
s. 2, ch. 83-64.
Official state renaissance festival.—
The Italian Renaissance Festival presented at Vizcaya by Renaissance Historical Society of Florida, Inc., a not-for-profit educational corporation, during the third week in March of each year is hereby designated an official state renaissance festival.
s. 6, ch. 94-97.
Official state railroad museums.—
Prior to representing to the general public that it is a Florida state railroad museum, a railroad museum must be authorized under subsection (2) and meet the following standards and criteria:
The stated purpose of the railroad museum shall be to preserve railroad history and historical railroad memorabilia, including, but not limited to, railroad locomotives and rolling stock.
The railroad museum shall be devoted primarily to the history of railroads and railroading.
The railroad museum shall be open to the general public, and memberships shall be offered to the general public regardless of race, color, creed, or national origin.
The railroad museum shall be a recipient of a s. 501(c)(3) Internal Revenue Service designation.
The following railroad museums are entitled to designation as provided in subsection (1) upon meeting the standards and criteria contained in that subsection:
The Orange Blossom Special Railroad Museum, West Palm Beach.
The Gold Coast Railroad Museum, Inc., and Gold Coast Railroad, Inc.
The Florida Gulf Coast Railroad Museum, Inc., Tampa.
s. 1, ch. 84-162.
Official state transportation museum.—
The Florida Museum of Transportation and History, located in Fernandina Beach, is hereby designated as the official state transportation museum.
s. 1, ch. 85-358.
Official state soil.—
Myakka fine sand (sandy, siliceous, hyperthermic Aeric Haplaquods) is hereby designated and declared as the official Florida state soil.
s. 1, ch. 89-16.
Official state fiddle contest.—
The fiddle contest held annually by the Florida State Fiddlers’ Association in cooperation with the Department of State at the Stephen Foster State Folk Culture Center, White Springs, Florida, is hereby designated as the official state fiddle contest.
s. 1, ch. 89-62.
Official state band.—
The St. Johns River City Band is hereby designated and declared as an official Florida state band.
s. 1, ch. 90-146.
Official Sports Hall of Fame.—
The Florida Sports Hall of Fame in Lake City, Columbia County, is designated as the Official Sports Hall of Fame for the state.
s. 1, ch. 88-415.
Official state pie.—
Key lime pie is designated as the official Florida state pie.
s. 1, ch. 2006-236.
Official state maritime museum.—
The Admiral John H. Fetterman State of Florida Maritime Museum and Research Center, to be built in the City of Pensacola, is designated as the official state maritime museum.
This section is repealed July 1, 2015, unless reviewed and reenacted by the Legislature before that date.
s. 2, ch. 2006-282.
Official state horse.—
The Florida Cracker Horse (Marshtackie) is designated as the official Florida state horse.
This section is repealed July 1, 2018, unless reviewed and reenacted by the Legislature before that date.
s. 1, ch. 2008-34.
Acts and papers of the Legislature to be deposited with the Department of State.—
All original acts and resolutions passed by the Legislature, and all other original papers acted upon thereby, together with the Journal of the Senate, and the Journal of the House of Representatives, shall, immediately upon the adjournment thereof, be deposited with, and preserved in, the Department of State, by which they shall be properly arranged, classified, and filed, provided that the journal of the executive session of the Senate shall be kept free from inspection or disclosure except upon the order of the Senate itself or some court of competent jurisdiction.
s. 1, ch. 1904, 1872; RS 78; GS 79; s. 10, ch. 7838, 1919; RGS 94; CGL 116; s. 7, ch. 24337, 1947; ss. 10, 35, ch. 69-106.
Not to issue commission until tax therefor is paid.—
The Secretary of State is prohibited from affixing her or his signature and the seal of the state to the commission of any public officer until such officer has paid the amount of the tax, if any, required to be paid by said officer for the commission.
s. 1, ch. 1936, 1873; RS 79; GS 80; RGS 95; CGL 117; s. 5, ch. 28086, 1953; s. 3, ch. 81-260; s. 42, ch. 95-147.
The fees, except as provided by law, to be collected by the Department of State, are:
For providing a certificate with seal, $8.75; however, no fee shall be charged for providing a certificate with seal to any officer appointed to an office requiring Senate confirmation.
For furnishing statistical information and for copying any document not mentioned, $1 per page or fraction thereof.
The department may in its discretion establish a reasonable fee for filing or copying any document or instrument not mentioned herein or provided for in other laws.
All fees arising from certificates of election or appointment to office and from commissions to officers shall be paid to the Chief Financial Officer for deposit in the General Revenue Fund.
All funds collected by the Division of Corporations of the department shall be deposited in the General Revenue Fund.
s. 1, ch. 2089, 1877; RS 80; GS 81; RGS 96; CGL 118; s. 6, ch. 28086, 1953; s. 2, ch. 29841, 1955; s. 1, ch. 69-292; ss. 10, 35, ch. 69-106; s. 1, ch. 71-114; s. 22, ch. 76-209; s. 4, ch. 81-260; s. 3, ch. 83-217; s. 1, ch. 84-147; s. 55, ch. 90-132; s. 2, ch. 90-267; s. 11, ch. 95-430; s. 22, ch. 96-420; s. 24, ch. 97-153; ss. 30, 38, ch. 98-46; s. 21, ch. 99-218; ss. 39, 53, ch. 99-228; s. 6, ch. 2000-118; s. 10, ch. 2003-261; s. 2, ch. 2003-401; s. 1, ch. 2008-141.
Fees; exemption for state attorney.—
The Department of State shall provide, without charge, any state attorney or state attorney’s designated representative:
Copies of any document or certificate under seal as provided in this chapter.
Any of the services provided in this chapter.
s. 1, ch. 79-344; s. 43, ch. 95-147.
Administration of certain laws.—
The Department of State shall have general supervision and administration of the election laws, corporation laws and such other laws as are placed under it by the Legislature and shall keep records of same.
s. 7, ch. 28086, 1953; ss. 10, 35, ch. 69-106.
Publication of summaries of documents; charge.—
The Department of State may in its discretion publish summaries of all instruments, papers, or documents filed with it pursuant to any law and may establish a reasonable fee for providing such service. All fees collected hereunder shall be deposited in the General Revenue Fund.
s. 1, ch. 67-392; ss. 10, 35, ch. 69-106.
Legislative documents; Department of State to classify, number, and furnish copies of general laws, special acts, resolutions, and memorials.—
Immediately after any act of the Legislature or any resolution or memorial is filed in the office of the Department of State, the department shall:
Select, segregate, and classify all acts of the Legislature, including memorials and resolutions, by dividing them into the following two classifications: Volume I, General Acts, and Volume II, Special Acts;
Include in such General Acts all acts passed as general laws and all memorials and resolutions, including proposed constitutional amendments, and include in such Special Acts only those acts passed as special laws and becoming law as such;
Assign a chapter number to each such act; and
Furnish true and accurate copies of such laws, resolutions, and memorials passed by the Legislature to the Office of Legislative Services for publication.
The Department of State shall distribute pamphlet copies of the general laws upon requisition to any official of the legislative, judicial, or executive branches of state or county government in this state. Surplus copies may be distributed to practicing attorneys in the state upon their written request and payment of a nominal fee sufficient to pay for mailing.
ss. 1, 6, ch. 83-252; s. 4, ch. 88-32; ss. 30, 44, ch. 90-335; s. 19, ch. 98-136.
Former s. 283.44.
Reproduction of records; admissibility in evidence; electronic receipt and transmission of records; certification; acknowledgment.—
The Department of State may cause to be made copies of any records maintained by it by miniature photographic microfilming or microphotographic processes or any other photographic, mechanical, or other process heretofore or hereafter devised, including electronic data processing.
Photographs, nonerasable optical images, or microphotographs in the form of film, facsimiles, or prints of any records made in compliance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated reproductions of such photographs, nonerasable optical images, or microphotographs shall be admitted in evidence equally with the original photographs, nonerasable optical images, or microphotographs.
The Department of State may cause to be received electronically any records that are required to be filed with it pursuant to chapter 55, chapter 117, chapter 118, chapter 495, chapter 606, chapter 607, chapter 608, chapter 610, chapter 617, chapter 620, chapter 621, chapter 679, chapter 713, or chapter 865, through facsimile or other electronic transfers, for the purpose of filing such records. The originals of all such electronically transmitted records must be executed in the manner provided in paragraph (5)(b). The receipt of such electronic transfer constitutes delivery to the department as required by law. The department may use electronic transmissions for purposes of notice in the administration of chapters 55, 117, 118, 495, 606, 607, 608, 610, 617, 620, 621, 679, and 713 and s. 865.09. The Department of State may collect e-mail addresses for purposes of notice and communication in the performance of its duties and may require filers and registrants to furnish such e-mail addresses when presenting documents for filing.
Notwithstanding any other provision of law, the department may certify or acknowledge and electronically transmit any record maintained by it. The certification must be evidenced by a certification code on each page transmitted which must include the filing number of the document, date of transmission, and page number of the total number of pages transmitted, and a sequential certification number assigned by the department which will identify the transmission and be available for verification of any transmitted acknowledgment or certified document.
Notwithstanding any other provision of law, the Department of State shall determine for purposes of electronic filing of any document placed under its jurisdiction for filing or recordation:
The appropriate format, which must be retrievable or reproducible in typewritten or printed form and must be legible.
The manner of execution, which may include any symbol, manual, facsimile, conformed, or electronic signature adopted by a person with the present intent to authenticate a document.
The method of electronic transmission, and fee payment for such document.
The amount of any fee surcharge or discount for the use of an electronic filing format.
The Department of State may use government or private sector contractors in the promotion or provision of any electronic filing services.
The Secretary of State may issue apostilles conforming to the requirements of the international treaty known as the Hague Convention of 1961 and may charge a fee for the issuance of apostilles not to exceed $10 per apostille. The Secretary of State has the sole authority in this state to establish, in accordance with the laws of the United States, the requirements and procedures for the issuance of apostilles. The Department of State may adopt rules to implement this subsection.
The Department of State may use government or private sector contractors in the promotion or provision of any electronic filing services and may discount the filing fee in an amount equal to the convenience charge for such electronic filings.
s. 1, ch. 67-15; ss. 10, 35, ch. 69-106; s. 1, ch. 89-341; s. 1, ch. 93-281; s. 12, ch. 99-218; s. 72, ch. 99-251; s. 3, ch. 2001-195; s. 1, ch. 2001-200; s. 1, ch. 2009-72; s. 1, ch. 2009-129.
International and cultural relations.—
The Divisions of Cultural Affairs, Historical Resources, and Library and Information Services of the Department of State promote programs having substantial cultural, artistic, and indirect economic significance that emphasize American creativity. The Secretary of State, as the head administrator of these divisions, shall hereafter be known as “Florida’s Chief Cultural Officer.” As this officer, the Secretary of State is encouraged to initiate and develop relationships between the state and foreign cultural officers, their representatives, and other foreign governmental officials in order to promote Florida as the center of American creativity. The Secretary of State shall coordinate international activities pursuant to this section with Enterprise Florida, Inc., and any other organization the secretary deems appropriate. For the accomplishment of this purpose, the Secretary of State shall have the power and authority to:
Disseminate any information pertaining to the State of Florida which promotes the state’s cultural assets.
Plan and carry out activities designed to cause improved cultural and governmental programs and exchanges with foreign countries.
Plan and implement cultural and social activities for visiting foreign heads of state, diplomats, dignitaries, and exchange groups.
Encourage and cooperate with other public and private organizations or groups in their efforts to promote the cultural advantages of Florida.
Serve as the liaison with all foreign consular and ambassadorial corps, as well as international organizations, that are consistent with the purposes of this section.
Provide, arrange, and make expenditures for the achievement of any or all of the purposes specified in this section.
Notwithstanding the provisions of part I of chapter 287, promulgate rules for entering into contracts which are primarily for promotional services and events, which may include commodities involving a service. Such rules shall include the authority to negotiate costs with the offerors of such services and commodities who have been determined to be qualified on the basis of technical merit, creative ability, and professional competency. The rules shall only apply to the expenditure of funds donated for promotional services and events. Expenditures of appropriated funds shall be made only in accordance with part I of chapter 287.
s. 1, ch. 80-159; s. 1, ch. 83-64; s. 1, ch. 86-163; s. 87, ch. 90-201; s. 30, ch. 91-5; s. 76, ch. 99-251; s. 5, ch. 2002-1.
International travel by state-funded musical, cultural, or artistic organizations; notification to Office of Tourism, Trade, and Economic Development.—
If a musical, cultural, or artistic organization that receives state funding is traveling internationally for a presentation, performance, or other significant public viewing, including an organization associated with a college or university, such organization shall notify the Office of Tourism, Trade, and Economic Development of its intentions to travel, together with the date, time, and location of each appearance.
The Office of Tourism, Trade, and Economic Development, in conjunction with Enterprise Florida, Inc., shall act as an intermediary between performing musical, cultural, and artistic organizations and Florida businesses to encourage and coordinate joint undertakings. Such coordination may include, but is not limited to, encouraging business and industry to sponsor cultural events, assistance with travel of such organizations, and coordinating travel schedules of cultural performance groups and international trade missions.
An organization shall provide the notification to the Department of State required by this section at least 30 days prior to the date the international travel is to commence or, when an intention to travel internationally is not formed at least 30 days in advance of the date the travel is to commence, as soon as feasible after forming such travel intention. The Department of State shall take an active role in informing such groups of the responsibility to notify the department of travel intentions.
s. 4, ch. 97-278; s. 4, ch. 99-2; s. 5, ch. 2004-242.
Initiative petitions; s. 3, Art. XI, State Constitution.—
The Secretary of State shall immediately submit an initiative petition to the Attorney General and to the Financial Impact Estimating Conference if the sponsor has:
Registered as a political committee pursuant to s. 106.03;
Submitted the ballot title, substance, and text of the proposed revision or amendment to the Secretary of State pursuant to ss. 100.371 and 101.161; and
Obtained a letter from the Division of Elections confirming that the sponsor has submitted to the appropriate supervisors for verification, and the supervisors have verified, forms signed and dated equal to 10 percent of the number of electors statewide and in at least one-fourth of the congressional districts required by s. 3, Art. XI of the State Constitution.
s. 1, ch. 87-363; s. 1, ch. 2002-390; s. 1, ch. 2004-33.