Florida Senate - 2015 SB 396
By Senator Detert
28-00235A-15 2015396__
1 A bill to be entitled
2 An act relating to the Florida Historic Capitol;
3 amending s. 272.129, F.S.; renaming the Legislative
4 Research Center and Museum at the Historic Capitol as
5 the Florida Historic Capitol Museum; removing
6 provisions authorizing establishment of a citizen
7 support organization to support the Legislative
8 Research Center and Museum; creating s. 272.131, F.S.;
9 creating the Florida Historic Capitol Museum Council;
10 providing for the appointment and qualifications of
11 council members; prescribing duties and
12 responsibilities for the council and individual
13 council members; amending s. 272.135, F.S.; renaming
14 the position of Capitol Curator as the Florida
15 Historic Capitol Museum Director; conforming
16 provisions; amending s. 272.136, F.S.; revising the
17 composition of the board of directors governing the
18 Florida Historic Capitol Museum’s direct-support
19 organization; providing that per diem and travel
20 expenses must be paid from direct-support organization
21 funds; conforming provisions; amending s. 320.0807,
22 F.S.; redirecting a portion of the proceeds from the
23 fee for special license plates for former federal or
24 state legislators to the Florida Historic Capitol
25 Museum’s direct-support organization; providing an
26 effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 272.129, Florida Statutes, is amended to
31 read:
32 272.129 Florida Historic Capitol; space allocation;
33 maintenance, repair, and security.—
34 (1) The Legislature shall ensure that all space in the
35 Florida Historic Capitol is restored in a manner consistent with
36 the 1902 form and made available for allocation. Notwithstanding
37 the provisions of ss. 255.249 and 272.04 that relate to space
38 allocation in state-owned buildings, the President of the Senate
39 and the Speaker of the House of Representatives shall have
40 responsibility and authority for the allocation of all space in
41 the restored Florida Historic Capitol, provided:
42 (a) The rotunda, corridors, Senate chamber, House of
43 Representatives chamber, and Supreme Court chamber may shall not
44 be used as office space.
45 (b) The Legislature shall be allocated sufficient space for
46 program and administrative functions relating to the
47 preservation, museum, and cultural programs of the Legislature.
48 (2) The Florida Historic Capitol shall be maintained in
49 accordance with good historic preservation practices as
50 specified in the National Park Service Preservation Briefs and
51 the Secretary of the Interior’s Standards for Rehabilitation and
52 Guidelines for Rehabilitating Historic Buildings.
53 (3) Custodial and preventive maintenance and repair of the
54 entire Florida Historic Capitol and the grounds located adjacent
55 thereto shall be the responsibility of the Department of
56 Management Services, subject to the special requirements of the
57 building as determined by the director of the Florida Historic
58 Capitol Museum Capitol Curator.
59 (4)(a) The Legislative Research Center and Museum at the
60 Historic Capitol, hereinafter referred to as “center,” may
61 support the establishment of a citizen support organization to
62 provide assistance, funding, and promotional support for the
63 center. For the purposes of this subsection, “citizen support
64 organization” means an organization that is:
65 1. A Florida corporation not for profit incorporated under
66 the provisions of chapter 617 and approved by the Department of
67 State.
68 2. Organized and operated to conduct programs and
69 activities; raise funds; request and receive grants, gifts, and
70 bequests of money; acquire, receive, hold, invest, and
71 administer in its own name securities, funds, objects of value,
72 or other real and personal property; and make expenditures to or
73 for the direct or indirect benefit of the center.
74 3. Determined by the center to be consistent with the goals
75 of the center and in the best interests of the state.
76 4. Annually approved in writing by the center to operate
77 for the direct or indirect benefit of the center. Such approval
78 shall be given in a letter of agreement from the center.
79 (b)1. The Legislative Research Center and Museum at the
80 Historic Capitol may permit, without charge, appropriate use of
81 fixed property and facilities of the center by the citizen
82 support organization, subject to the provisions of this
83 subsection. Such use must be directly in keeping with the
84 approved purposes of the citizen support organization and may
85 not be made at times or places that would unreasonably interfere
86 with normal operations of the center.
87 2. The center may prescribe by rule any condition with
88 which the citizen support organization must comply in order to
89 use fixed property or facilities of the center.
90 3. The center may not permit the use of any fixed property
91 or facilities by any citizen support organization if such
92 organization does not provide equal membership and employment
93 opportunities to all persons regardless of race, color,
94 religion, gender, age, or national origin.
95 (c) A citizen support organization shall provide for an
96 annual financial audit in accordance with s. 215.981.
97 (d) All records of a citizen support organization
98 constitute public records for the purposes of chapter 119.
99 (e) The citizen support organization for the Legislative
100 Research Center and Museum at the Historic Capitol is authorized
101 to collect rental fees, apply for and receive grants, and
102 receive gifts and donations for the direct or indirect benefit
103 of the center.
104 (f) All funds obtained through rental fees, grants, gifts,
105 and donations to the citizen support organization shall be
106 deposited into the account of the citizen support organization
107 and used for the direct or indirect benefit of the Legislative
108 Research Center and Museum at the Historic Capitol unless the
109 citizen support organization is no longer authorized as required
110 by this subsection, fails to comply with the requirements of
111 this subsection, fails to maintain its tax-exempt status
112 pursuant to s. 501(c)(3) of the Internal Revenue Code, or ceases
113 to exist. If the citizen support organization is no longer
114 authorized as required by this subsection, fails to comply with
115 the requirements of this subsection, fails to maintain its tax
116 exempt status pursuant to s. 501(c)(3) of the Internal Revenue
117 Code, or ceases to exist, all funds obtained through rental
118 fees, grants, gifts, and donations in the citizen support
119 organization account shall revert to the state and be deposited
120 into an account designated by the Legislature.
121 Section 2. Section 272.131, Florida Statutes, is created to
122 read:
123 272.131 Florida Historic Capitol Museum Council.—The
124 Florida Historic Capitol Museum Council is created within the
125 legislative branch of state government.
126 (1) The council is composed of 12 members. Council members
127 shall be selected based on their dedication to preserving the
128 Florida Historic Capitol and advancing the mission of the
129 Florida Historic Capitol Museum. Council members must
130 demonstrate an interest in documenting the institutional
131 knowledge and historic traditions of state governance with an
132 emphasis on legislative history, the advancement of civics
133 education, and the encouragement of residents of this state to
134 engage with state government. The Florida Historic Capitol
135 Museum Director shall serve in an advisory capacity to the
136 council. The council shall consist of the following members:
137 (a) The Secretary of the Senate.
138 (b) The Clerk of the House of Representatives.
139 (c) The Sergeants at Arms of both houses of the
140 Legislature.
141 (d) The President of the Senate and the Speaker of the
142 House of Representatives each shall appoint three members. Of
143 the three appointments, one must be a current member of the
144 presiding officer’s respective chamber and one must be a former
145 legislator or an officer of the Legislature.
146 (e) The board of directors of the Florida Historic Capitol
147 Museum’s direct-support organization shall appoint two members
148 from its membership.
149 (2) A council member shall:
150 (a) Serve without compensation, except that he or she is
151 entitled to receive reimbursement for per diem and travel
152 expenses in accordance with s. 112.061. Such expenses must be
153 paid out of funds of the Florida Historic Capitol Museum’s
154 direct-support organization.
155 (b) Attend a majority of council meetings each calendar
156 quarter.
157 (c) Serve as an advocate and ambassador for the museum.
158 (d) Serve as a liaison to the Governor, the President of
159 the Senate, and the Speaker of the House of Representatives.
160 (e) Cultivate relationships with legislative staff to
161 advance the mission and activities of the museum.
162 (f) Lend expertise and use his or her personal and
163 professional contacts for the advancement of the museum.
164 (g) Participate in key museum events.
165 (h) Become a member of the museum.
166 (3) The council shall:
167 (a) Designate a chair.
168 (b) Work with museum staff to prepare and recommend a
169 strategic plan to guide the council’s mission. The council shall
170 submit a copy of the strategic plan to the President of the
171 Senate and the Speaker of the House of Representatives by
172 December 31, 2017, and any updates to the strategic plan must be
173 submitted every 2 years thereafter.
174 (c) Periodically review the museum’s strategic plan.
175 (d) Ensure that the museum retains an emphasis on
176 preserving legislative history and traditions by cultivating
177 relationships with current and former legislators, collecting
178 historic materials, and encouraging public participation in the
179 museum’s programs.
180 (e) Ensure that the museum operates as a public trust in
181 accordance with the Ethics, Standards, and Best Practices and
182 the Code of Ethics for Museums adopted by the American Alliance
183 of Museums.
184 (f) Meet annually with the board of directors of the
185 Florida Historic Capitol Museum’s direct-support organization to
186 jointly evaluate how the direct-support organization’s outreach
187 and development plan complements and supports the museum and the
188 council’s strategic plan.
189 (g) Assist museum staff in planning any legislative
190 reunions.
191 Section 3. Section 272.135, Florida Statutes, is amended to
192 read:
193 272.135 Florida Historic Capitol Museum Director Curator.—
194 (1) The position of the Florida Historic Capitol Museum
195 Director Capitol Curator is created within the Legislature,
196 which shall establish the qualifications for the position. The
197 director curator shall be appointed by and serve at the pleasure
198 of the President of the Senate and the Speaker of the House of
199 Representatives.
200 (2) The director Capitol Curator shall:
201 (a) Promote and encourage throughout the state knowledge
202 and appreciation of the Florida Historic Capitol.
203 (b) Collect, research, exhibit, interpret, preserve, and
204 protect the history, artifacts, objects, furnishings, and other
205 materials related to the Florida Historic Capitol, except for
206 archaeological research and resources.
207 (c) Develop, direct, supervise, and maintain the interior
208 design and furnishings of all space within the Florida Historic
209 Capitol in a manner consistent with the restoration of the
210 Florida Historic Capitol in its 1902 form.
211 (3) In conjunction with the Legislative Research Center and
212 Museum at the Florida Historic Capitol Museum Council, the
213 director Capitol Curator may assist the Florida Historic Capitol
214 Museum in the performance of its mission by:
215 (a) Raising money.;
216 (b) Submitting requests for and receiving grants.;
217 (c) Receiving, holding, investing, and administering in the
218 name of the Florida Historic Capitol Museum and the Legislative
219 Research Center and Museum securities, funds, objects of value,
220 or other real and personal property.;
221 (d) Receiving gifts and donations for the direct or
222 indirect benefit of the Florida Historic Capitol.; and
223 (e) Making expenditures to or for the direct or indirect
224 benefit of the Florida Historic Capitol.
225 Section 4. Section 272.136, Florida Statutes, is amended to
226 read:
227 272.136 Direct-support organization.—The Legislative
228 Research Center and Museum at the Florida Historic Capitol
229 Museum Council and the Florida Historic Capitol Museum Director
230 Capitol Curator may establish a direct-support organization to
231 provide assistance and promotional support through fundraising
232 for the Florida Historic Capitol Museum and the Legislative
233 Research Center and Museum, including, but not limited to, its
234 their educational programs and initiatives.
235 (1) The direct-support organization shall be governed by a
236 board of directors. Board members must demonstrate who have
237 demonstrated a capacity for supporting the mission of the
238 Florida Historic Capitol.
239 (a) Initial appointments to the board shall be made by the
240 President of the Senate and the Speaker of the House of
241 Representatives at the recommendation of the council center and
242 the director curator. Appointments to the board shall thereafter
243 be made by the board.
244 (b) The initial board shall consist of nine members who
245 shall be appointed to 3-year terms, except that the terms of
246 such the initial appointees shall be designated accomplished so
247 that three members are appointed for 1 year, three members are
248 appointed for 2 years, and three members are appointed for 3
249 years, in order to achieve staggered terms, as determined by the
250 presiding officers.
251 (c) The board may add up to 12 two additional members.
252 (d) The Board members shall serve without compensation, but
253 except that they are entitled to receive reimbursement for per
254 diem and travel expenses in accordance with s. 112.061. Such
255 expenses must be paid out of funds of the direct-support
256 organization.
257 (e) The board may use the fixed property and facilities of
258 the Florida Historic Capitol, subject to the provisions of this
259 subsection. Such use must be directly in keeping with the
260 approved purposes of the direct-support organization and may not
261 be made at times or places that would unreasonably interfere
262 with the normal operations of the Florida Historic Capitol.
263 (2) The direct-support organization must be a Florida
264 corporation, not for profit, incorporated under chapter 617, and
265 approved by the Department of State.
266 (3) The council and director curator and center may
267 prescribe any condition with which the direct-support
268 organization must comply.
269 (4) The council and director curator and the center may not
270 authorize permit the use of any fixed property or facilities by
271 the direct-support organization if the organization does not
272 provide equal membership and employment opportunities to all
273 persons regardless of race, color, religion, gender, age, or
274 national origin.
275 (5) The direct-support organization shall provide for an
276 annual financial audit in accordance with s. 215.981.
277 (6) If the direct-support organization is no longer
278 authorized by this section, fails to comply with the
279 requirements of this section, fails to maintain its tax-exempt
280 status pursuant to s. 501(c)(3) of the Internal Revenue Code, or
281 ceases to exist, all funds obtained through grants, gifts, and
282 donations in the direct-support organization account shall
283 revert to the state and be deposited into an account designated
284 by the Legislature for the support of the Florida Historic
285 Capitol, provided that donations made for specific purposes in
286 an original donor agreement shall be applied only to those
287 purposes.
288 (7)(a) The identity of a donor or prospective donor to the
289 direct-support organization who desires to remain anonymous, and
290 all information identifying such donor or prospective donor, is
291 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
292 of the State Constitution. Such anonymity shall be maintained in
293 any auditor’s report created pursuant to the annual financial
294 audit required under subsection (5).
295 (b) This subsection is subject to the Open Government
296 Sunset Review Act in accordance with s. 119.15 and shall stand
297 repealed on October 2, 2017, unless reviewed and saved from
298 repeal through reenactment by the Legislature.
299 Section 5. Paragraph (c) of subsection (6) of section
300 320.0807, Florida Statutes, is amended to read:
301 320.0807 Special license plates for Governor and federal
302 and state legislators.—
303 (6)
304 (c) Four hundred fifty dollars of the one-time fee
305 collected under paragraph (a) shall be distributed to the
306 account of the direct-support organization established pursuant
307 to s. 272.136 citizen support organization established pursuant
308 to s. 272.129 and used for the benefit of the Florida Historic
309 Capitol Museum Legislative Research Center and Museum at the
310 Historic Capitol, and the remaining $50 shall be deposited into
311 the Highway Safety Operating Trust Fund.
312 Section 6. This act shall take effect July 1, 2015.