HB 4043

1	A bill to be entitled
2	An act relating to the Florida Agricultural Museum;
3	repealing s. 570.901, F.S., relating to the museum;
4	amending ss. 570.902 and 570.903, F.S., relating to
5	direct-support organizations for the museum and certain
6	other programs and definitions applicable to such
7	provisions; deleting provisions pertaining to the museum
8	to conform to the repeal by the act of provisions
9	establishing the museum; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Section 570.901, Florida Statutes, is repealed.
14	Section 2.  Section 570.902, Florida Statutes, is amended
15	to read:
16	570.902  Definitions; ss. 570.902 and 570.903.-For the
17	purpose of ss. 570.902 and 570.903:
18	(1)  "Designated program" means the specific departmental
19	program which a direct-support organization has been created to
20	support.
21	(2)  "Direct-support organization" or "organization" means
22	an organization which is a Florida corporation not for profit
23	incorporated under the provisions of chapter 617 and approved by
24	the department to operate for the benefit of a museum or a
25	specific departmental program.
26	(3)  "Museum" means the Florida Agricultural Museum which
27	is designated as the museum for agriculture and rural history of
28	the State of Florida.
29	Section 3.  Section 570.903, Florida Statutes, is amended
30	to read:
31	570.903  Direct-support organization.-
32	(1)  When the Legislature authorizes the establishment of a
33	direct-support organization to provide assistance for the
34	museums, the Florida Agriculture in the Classroom Program, the
35	Florida State Collection of Arthropods, the Friends of the
36	Florida State Forests Program of the Division of Forestry, and
37	the Forestry Arson Alert Program, and other programs of the
38	department, the following provisions shall govern the creation,
39	use, powers, and duties of the direct-support organization.
40	(a)  The department shall enter into a memorandum or letter
41	of agreement with the direct-support organization, which shall
42	specify the approval of the department, the powers and duties of
43	the direct-support organization, and rules with which the
44	direct-support organization shall comply.
45	(b)  The department may permit, without charge, appropriate
46	use of property, facilities, and personnel of the department by
47	a direct-support organization, subject to the provisions of ss.
48	570.902 and 570.903. The use shall be directly in keeping with
49	the approved purposes of the direct-support organization and
50	shall not be made at times or places that would unreasonably
51	interfere with opportunities for the general public to use
52	department facilities for established purposes.
53	(c)  The department shall prescribe by contract or by rule
54	conditions with which a direct-support organization shall comply
55	in order to use property, facilities, or personnel of the
56	department or museum. Such rules shall provide for budget and
57	audit review and oversight by the department.
58	(d)  The department may shall not permit the use of
59	property, facilities, or personnel of the museum, department, or
60	designated program by a direct-support organization which does
61	not provide equal employment opportunities to all persons
62	regardless of race, color, religion, sex, age, or national
63	origin.
64	(2)(a)  The direct-support organization shall be empowered
65	to conduct programs and activities; raise funds; request and
66	receive grants, gifts, and bequests of money; acquire, receive,
67	hold, invest, and administer, in its own name, securities,
68	funds, objects of value, or other property, real or personal;
69	and make expenditures to or for the direct or indirect benefit
70	of the museum or designated program.
71	(b)  Notwithstanding the provisions of s. 287.057, the
72	direct-support organization may enter into contracts or
73	agreements with or without competitive bidding for the
74	restoration of objects, historical buildings, and other
75	historical materials or for the purchase of objects, historical
76	buildings, and other historical materials which are to be added
77	to the collections of the museum, or benefit the designated
78	program. However, before the direct-support organization may
79	enter into a contract or agreement without competitive bidding,
80	the direct-support organization shall file a certification of
81	conditions and circumstances with the internal auditor of the
82	department justifying each contract or agreement.
83	(c)  Notwithstanding the provisions of s. 287.025(1)(e),
84	the direct-support organization may enter into contracts to
85	insure property of the museum or designated programs and may
86	insure objects or collections on loan from others in satisfying
87	security terms of the lender.
88	(3)  The direct-support organization shall provide for an
89	annual financial audit in accordance with s. 215.981.
90	(4)  Neither a designated program or a museum, nor a
91	nonprofit corporation trustee or employee may:
92	(a)  Receive a commission, fee, or financial benefit in
93	connection with the sale or exchange of historical objects or
94	properties to the direct-support organization, the museum, or
95	the designated program; or
96	(b)  Be a business associate of any individual, firm, or
97	organization involved in the sale or exchange of property to the
98	direct-support organization, the museum, or the designated
99	program.
100	(5)  All moneys received by the direct-support organization
101	shall be deposited into an account of the direct-support
102	organization and shall be used by the organization in a manner
103	consistent with the goals of the museum or designated program.
104	(6)  The identity of a donor or prospective donor who
105	desires to remain anonymous and all information identifying such
106	donor or prospective donor are confidential and exempt from the
107	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
108	Constitution.
109	(7)  The Commissioner of Agriculture, or the commissioner's
110	designee, may serve on the board of trustees and the executive
111	committee of any direct-support organization established to
112	benefit the museum or any designated program.
113	(8)  The department shall establish by rule archival
114	procedures relating to museum artifacts and records. The rules
115	shall provide procedures which protect the museum's artifacts
116	and records equivalent to those procedures which have been
117	established by the Department of State under chapters 257 and
118	267.
119	Section 4.  This act shall take effect July 1, 2011.

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