The Florida Senate

266.00001  Historic preservation boards of trustees; authority of Department of State.

¹266.00001  Historic preservation boards of trustees; authority of Department of State.--

(1)  This act establishes historic preservation boards of trustees within the Department of State for the purpose of assisting the state to promote and protect its historic and archaeological sites and properties. The historic preservation boards are to provide leadership in the preservation of those resources within their respective jurisdictions, in accordance with the provisions of this act. The protection of those historic resources is considered to be of statewide significance and to be in the public interest of the state.

²(2)  The boards are placed under the administrative supervision of the Division of Historical Resources of the Department of State. The department may require members of the board appointed as provided in s. 266.0013 to give a bond.

(3)  The sale of property by the boards and the distribution of the proceeds from such sale is governed as follows:

(a)  The proceeds from the sale of any property that is owned or controlled by a board, or its direct-support organization, and that was acquired by or on behalf of the state prior to June 1, 1991, must be deposited into the board's operating trust fund and appropriated therefrom by the Legislature.

(b)  The proceeds from the sale of any property that is owned or controlled by a board, or its direct-support organization, and that was acquired with state moneys on or after June 1, 1991, must be deposited into the board's operating trust fund and appropriated therefrom by the Legislature.

(c)  The proceeds from the sale of any property that is owned or controlled by a board, or its direct-support organization, and that was acquired by means other than the use of state moneys on or after June 1, 1991, must be deposited pursuant to rules of the department.

(d)  The acquisition, alienation, or encumbrance of property by a board, or its direct-support organization, must be approved by the department, and the use of the proceeds therefrom is restricted to those uses authorized by the rules of the department.

(4)  Within the guidelines set forth in chapter 253 or the rules promulgated by the Department of State, whichever is applicable, a board may negotiate on behalf of the Board of Trustees of the Internal Improvement Trust Fund contracts or agreements to acquire or dispose of any interest in real property. Any real property acquired under this section shall be held in the name of the Board of Trustees of the Internal Improvement Trust Fund and shall be dedicated to use by the board in furtherance of its objectives. In the event that the property has been designated as historically significant property by the department, and the board and the department certify that they reasonably believe that it is in the best interest of the state to negotiate the acquisition or disposition of such real property outside the requirements of chapter 253, then such negotiation shall be conducted under the rules promulgated by the department. No property may be acquired under the provisions of this act upon which any lien or other encumbrance exists unless, at the time the property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the lien or encumbrance.

(5)  The Department of State shall adopt rules on or before January 1, 1992, which prescribe the criteria and guidelines to be used in the acquisition or disposition of real property under this chapter when such acquisition or disposition procedures are exempt from the provisions of chapter 253. Such exemption shall apply only when the property to be acquired or disposed of has been designated by the department as historically significant property and the board and the department certify that they reasonably believe such exemption to be in the best interest of the state. Each board must comply with the applicable provisions of chapter 253 or the rules of the department regarding such acquisition or disposition.

History.--ss. 1, 67, ch. 91-120; s. 5, ch. 91-429; s. 29, ch. 98-34.

¹Note.--Chapter 97-68 repealed the sections providing for all of the historic preservation boards except the Historic Pensacola Preservation Board of Trustees.

²Note.--Section 46, ch. 98-34, provides that "[t]he provisions of this act do not affect a cause of action that accrued before [July 1, 1998]."

266.0011  Historic Pensacola Preservation Board of Trustees; purpose.

266.0012  Definitions.

266.0013  Board; membership; terms of office; compensation; expenses; removal.

266.0014  Board; organization, meetings, records.

266.0015  Treasurer; finances.

266.00155  Appropriation.

266.0016  Powers of the board.

266.0017  Powers of governing body of City of Pensacola; architectural review board.

266.0018  Direct-support organization.

266.0011  Historic Pensacola Preservation Board of Trustees; purpose.--There is created within the Department of State the Historic Pensacola Preservation Board of Trustees.

(1)  The purposes and functions of the board are:

(a)  To restore, preserve, maintain, reconstruct, reproduce, and operate for the use, benefit, education, recreation, enjoyment, and general welfare of the people of this state and nation certain ancient or historic landmarks, sites, cemeteries, graves, military works, monuments, locations, remains, buildings, and other objects of historical or antiquarian interest of the City of Pensacola and Escambia County. The selection for restoration, preservation, maintenance, reconstruction, reproduction, and operation must be made by the board based on criteria of historical evaluation established by the department.

(b)  To research, prepare, publish, and procure for the use and benefit of the general public books, reports, articles, pamphlets, brochures, documents, maps, photographs, films, sound recordings, and other products of a similar nature in furtherance of the protection and preservation of and the dissemination of information about historic sites and properties, as well as persons, places, events, conditions, objects, patterns, behaviors, records, and times pertaining to Florida history, which products may be used by the board or may be made available for use by or distributed by the board to any person or entity, public or private, with or without charge or profit.

(2)  The board shall submit to the department for review and approval the board's legislative budget request.

History.--ss. 11, 67, ch. 91-120; s. 5, ch. 91-429.

266.0012  Definitions.--As used in ss. 266.0011-266.0018, the term:

(1)  "Board" means the Historic Pensacola Preservation Board of Trustees of the department.

(2)  "Department" means the Department of State.

(3)  "Division" means the Division of Historical Resources of the department.

(4)  "Facility" means a historic site, object, or landmark for exhibition which is leased, managed, or operated by the board.

History.--ss. 12, 67, ch. 91-120; s. 5, ch. 91-429.

266.0013  Board; membership; terms of office; compensation; expenses; removal.--

(1)  The board consists of seven members appointed by the Governor and confirmed by the Senate. The Governor shall appoint members to 4-year terms which run from July 1 through June 30. The appointments must be confirmed by the Senate in the following legislative session.

(2)  The Governor may fill a vacancy for the remainder of an unexpired term only. Such appointment must be made within 90 days after the vacancy occurs.

(3)  Board members must possess an active interest in the historical aspects of Pensacola and Escambia County.

¹(4)  The members of the board, including the chair, may not receive compensation for their services but are entitled to be reimbursed for per diem and travel expenses incurred in the performance of their official duties as members of the board, subject to the provisions and limitations of s. 112.061.

(5)  The Governor may remove from office any member for malfeasance, misfeasance, neglect of duty, incompetence, permanent inability to perform official duties, or pleading guilty or nolo contendere to or being found guilty of a felony.

History.--ss. 13, 67, ch. 91-120; s. 5, ch. 91-429; s. 161, ch. 95-148; s. 12, ch. 97-68; s. 30, ch. 98-34.

¹Note.--Section 46, ch. 98-34, provides that "[t]he provisions of this act do not affect a cause of action that accrued before [July 1, 1998]."

266.0014  Board; organization, meetings, records.--Within 15 days after the appointment of its membership, and annually thereafter, the board shall hold an organizational meeting at which it shall elect from its membership a chair, a vice chair, and a secretary-treasurer. No business may be transacted by the board except at a regular or specially called meeting at which a quorum is present and the minutes thereof recorded. Permanent records must be maintained which show all official transactions of the board.

History.--ss. 15, 67, ch. 91-120; s. 5, ch. 91-429; s. 162, ch. 95-148

266.0015  Treasurer; finances.--The Treasurer is the ex officio treasurer of the board and has the custody of all its funds, which must be kept in a special account. All receipts and disbursements of the board must be handled subject to the same laws and rules as other state funds are handled.

History.--ss. 16, 67, ch. 91-120; s. 5, ch. 91-429; s. 1, ch. 98-337.

266.00155  Appropriation.--The Board of County Commissioners of Escambia County and the City of Pensacola are hereby authorized to appropriate annually from such funds as may be available, and the board is hereby authorized to accept contributions from the United States or any agency thereof, individuals, organizations, societies or groups in the furtherance of the purposes of the board.

History.--s. 7, ch. 67-303; s. 22, ch. 69-353; s. 8, ch. 70-156.

Note.--Former s. 266.108.

266.0016  Powers of the board.--The department shall monitor the effectiveness of all programs of the board and oversee the board to ensure that it complies with state laws and rules. The board is the governing body and shall exercise those powers delegated to it by the department. These delegated powers shall include, but not be limited to, the power to:

(1)  Select and hire a manager, subject to final approval of the department, who shall report to the board and who shall be a member of Selected Exempt Service.

(2)  Recommend to the department the salary of the manager within the range permissible under Department of Management Services guidelines.

(3)  Adopt a seal and alter it at its pleasure.

(4)  Contract and be contracted with, sue and be sued, and plead and be impleaded in all courts, with the approval of the department and the Department of Legal Affairs.

(5)  Establish an office in or near the City of Pensacola for the conduct of its affairs.

(6)  Acquire, hold, lease, and dispose of personal property or any interest therein for its authorized purpose.

(7)  Plan buildings and improvements; demolish existing structures; and construct, reconstruct, alter, repair, and improve its facilities wherever located.

(8)  Employ, subject to the provisions of the Career Service System, employees as may be necessary.

(9)  Contract with consulting engineers, architects, accountants, inspectors, attorneys, and such other consultants as may be necessary. However, consultants must be retained in the manner provided by ss. 287.055, 287.057, and 287.058.

(10)  Draft a historical plan of development for the City of Pensacola and Escambia County; and the board may recommend to the governing body of the City of Pensacola the creation of a historical district or districts that include any section or sections of the city containing buildings, landmarks, sites, or facilities of historical value and having an overall atmosphere of architectural or historical distinction, or both. Such facilities having historical value must be designated by the board based on criteria of historical evaluation established by the National Trust for Historic Preservation or another recognized professional historical group.

(11)  Contract with any agency of the state, the Federal Government, the City of Pensacola, the County of Escambia, or any firm or corporation with respect to the establishment, construction, and operation of the facilities of the board in or near the City of Pensacola.

(12)  Make and enter into all contracts or agreements with private individuals, corporations, organizations, historical societies, and others with reference to facilities and enter into contracts and agreements which are necessary to the performance of its duties or the execution of its powers under ss. 266.0011-266.0018.

(13)  Engage in any lawful business or activity to establish, maintain, and operate the facilities contemplated by ss. 266.0011-266.0018, including:

(a)  The renting or leasing for revenue of any land, improved or restored real estate, or personal property directly related to carrying out the purposes for which the board is created, under terms and conditions deemed by the board to be in the best interest of the state.

(b)  The selling of craft products created through the operation and demonstration of historical museums, craft shops, and other facilities.

(c)  The limited selling of merchandise relating to the historical and antiquarian period of Pensacola and its surrounding territory.

(14)  Fix and collect charges for admission to any of the facilities operated and maintained by the board under the provisions of ss. 266.0011-266.0018 and adopt and enforce reasonable rules to govern the conduct of the visiting public.

(15)  Cooperate and coordinate all its activities with any statewide commission and participate in any overall statewide plan of historical development.

(16)  Cooperate and coordinate its activities with any national project of historical development and with any other agency, state, local, or national, undertaking historical objectives if they are not in conflict with the objectives of the board.

(17)  Research, prepare, publish, and procure books, reports, articles, pamphlets, brochures, documents, maps, photographs, films, sound recordings, and other products of a similar nature in fulfillment of its purpose and function for use by the board or for use by or distribution to any person or entity, public or private, with or without charge or profit.

(18)  Perform all lawful acts necessary and convenient and incident to the effectuating of its function and purpose.

Any power delegated by the department pursuant to this section may be revoked by the department at any time if, in the department's determination, the board is not exercising a delegated power in accordance with department rules and policies or in the best interest of the state.

History.--ss. 17, 67, ch. 91-120; s. 5, ch. 91-429; s. 105, ch. 92-279; s. 55, ch. 92-326; s. 37, ch. 99-13.

266.0017  Powers of governing body of City of Pensacola; architectural review board.--

(1)  GOVERNING BODY.--The governing body of the City of Pensacola is authorized:

(a)  To establish historical districts.

(b)  To name an architectural review board.

(c)  To prescribe the procedure for the review of building plans (or for the destruction of a building) of any building which is to be erected, renovated or razed, which is located or to be located within the designated historical district or districts, including rules and governing decisions of the architectural review board, and the procedure of appeal from decisions of the board.

(d)  To adopt such other regulations as are necessary to effect the purposes of s. 266.0016(10).

(e)  To utilize its employees in the enforcement and regulation of the provisions of s. 266.0016(10).

(2)  ARCHITECTURAL REVIEW BOARD; MEMBERSHIP; TERMS; POWERS; EXPENDITURES.--

(a)1.  Membership.--The architectural review board shall be composed of the following members:

a.  Two members from the Historic Pensacola Preservation Board of Trustees;

b.  A property owner residing in the City of Pensacola to be appointed by the city council;

c.  The chair of the Pensacola Planning Board;

d.  One member at large who shall be a resident of Escambia County; and

e.  Two members who are members of the American Institute of Architects and whose principal place of business or residence is in Escambia County.

2.  Adviser.--The city planner shall be an adviser to the architectural review board.

(b)  Terms.--Members shall be appointed for a term of 2 years except in the case of an appointment to fill a vacancy in which event the appointment shall be for the unexpired term only.

(c)  Powers.--The architectural review board may:

1.  Approve or disapprove plans for buildings to be erected, renovated, or razed which are located, or are to be located, within the historical district or districts and regulate reasonable land use to the extent necessary to preserve the historical integrity and ancient appearance within any and all historical districts established by the governing body of the City of Pensacola, including, but not limited to, authority to deny or grant variances from the zoning ordinances of the City of Pensacola applicable to historical districts. The designation and preservation of buildings and structures within any historical district or districts established under s. 266.0016(10) and the control of the erection, alteration, addition, repair, removal, or demolition of new or existing buildings or structures, signs and any such facilities or appurtenances thereto to ensure perpetuation of its or their historical character is hereby designated to be a public purpose; but no regulation may be adopted which is in conflict with any zoning ordinance of the City of Pensacola, applicable to such area.

2.  Adopt rules for the transaction of its business, the holding of meetings, and such other activities as are incident to its function.

(d)  Expenditures.--The expenditures of the architectural review board shall be within the amounts appropriated for its purpose by the city through its governing body.

History.--s. 6, ch. 67-303; s. 1, ch. 69-229; s. 7, ch. 70-156; s. 2, ch. 86-32; s. 18, ch. 91-120; s. 163, ch. 95-148.

Note.--Former s. 266.107.

266.0018  Direct-support organization.--

(1)  The Historic Pensacola Preservation Board of Trustees may authorize a direct-support organization to assist the board in carrying out its purposes by raising money; submitting requests for and receiving grants from the Federal Government, the state or its political subdivisions, private foundations, and individuals; receiving, holding, investing, and administering property; and making expenditures to or for the benefit of the board. The sole purpose for the direct-support organization is to support the board. Such a direct-support organization is an organization that is:

(a)  Incorporated under the provisions of chapter 617 and approved by the department as a Florida corporation not for profit;

(b)  Organized and operated to receive, hold, invest, and administer property and to make expenditures to or for the benefit of the board; and

(c)  Approved by the board and the department to be operating for the benefit of the board and in the best interest of the state.

(2)  The direct-support organization shall operate under written contract with the board. The contract must provide for:

(a)  Approval of the articles of incorporation and bylaws of the direct-support organization by the board and the department.

(b)  Submission of an annual budget for the approval of the board. The budget must comply with rules adopted by the board.

(c)  Certification by the board that the direct-support organization is complying with the terms of the contract and in a manner consistent with the goals and purposes of the board and in the best interest of the state. Such certification must be made annually and reported in the official minutes of a meeting of the board.

(d)  The reversion to the board, or the state if the board ceases to exist, of moneys and property held in trust by the direct-support organization for the benefit of the board if the direct-support organization is no longer approved to operate for the board, or the board ceases to exist, and if such moneys and property were acquired after October 1, 1986.

(e)  The fiscal year of the direct-support organization, which must begin July 1 of each year and end June 30 of the following year.

(f)  The disclosure of material provisions of the contract and the distinction between the board of trustees and the direct-support organization to donors of gifts, contributions, or bequests, as well as on all promotional and fundraising publications.

(3)  The members of the direct-support organization's board of directors must include members of the board of trustees.

(4)  The board may authorize a direct-support organization to use its property (except money), facilities, and personal services, subject to the provisions of this section. A direct-support organization that does not provide equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin may not use the property, facilities, or personal services of the board. For the purposes of this subsection, the term "personal services" includes full-time personnel and part-time personnel as well as payroll processing.

(5)  The board shall adopt rules prescribing the procedures by which the direct-support organization is governed and any conditions with which a direct-support organization must comply to use property, facilities, or personal services of the board.

(6)  Any moneys may be held in a separate depository account in the name of the direct-support organization and subject to the provisions of the contract with the board. Such moneys may include lease income, admissions income, membership fees, private donations, income derived from fundraising activities, and grants applied for and received by the direct-support organization.

(7)  The direct-support organization shall provide for an annual financial and compliance audit of its financial accounts and records by an independent certified public accountant in accordance with rules established by the board. The annual audit report must be submitted to the board for review and approval. Upon approval, the board shall certify the audit report to the Auditor General for review.

(8)  The identity of a donor or prospective donor of property to a direct-support organization who desires to remain anonymous, and all information identifying such donor or prospective donor, is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution; and that anonymity must be maintained in the auditor's report. The Auditor General shall have access to all records of the direct-support organization at any time he or she so requests.

History.--ss. 19, 67, ch. 91-120; s. 5, ch. 91-429; s. 2, ch. 95-125; s. 164, ch. 95-148; s. 120, ch. 96-406; s. 2, ch. 98-337.