House Bill 2317

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







    Florida House of Representatives - 2000                HB 2317

        By the Committee on Tourism and Representatives Starks,
    Farkas, Lynn, Sobel, Argenziano, R. Diaz de la Portilla, Bush,
    Bloom and Hafner




  1                      A bill to be entitled

  2         An act relating to the Department of State;

  3         amending s. 20.10, F.S.; authorizing the

  4         department to adopt rules to administer laws

  5         conferring duties upon it; amending s.

  6         266.0016, F.S.; providing additional powers of

  7         the Historic Pensacola Preservation Board of

  8         Trustees; amending s. 267.061, F.S.; providing

  9         additional duties of the Division of Historical

10         Resources with respect to protecting and

11         administering historical resources; authorizing

12         the division to issue certain permits;

13         requiring that the division adopt rules for

14         issuing permits and administering the transfer

15         of certain objects; amending s. 872.05, F.S.;

16         authorizing the department to adopt procedures

17         for reporting an unmarked human burial and

18         determining jurisdiction of the burial;

19         requiring the Division of Historical Resources

20         and the Historic Pensacola Preservation Board

21         of Trustees, in conjunction with specified

22         entities, to develop a regionally based

23         historic preservation plan for West Florida;

24         providing elements of the plan; requiring

25         submission of the plan to the Legislature by a

26         specified date; providing an effective date.

27

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

29

30         Section 1.  Subsection (3) is added to section 20.10,

31  Florida Statutes, to read:

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    Florida House of Representatives - 2000                HB 2317

    177-263A-00






  1         20.10  Department of State.--There is created a

  2  Department of State.

  3         (3)  The Department of State may adopt rules pursuant

  4  to ss. 120.536(1) and 120.54 to administer the provisions of

  5  law conferring duties upon the department.

  6         Section 2.  Present subsections (14) through (18) of

  7  section 266.0016, Florida Statutes, are renumbered as

  8  subsections (15) through (19), respectively, subsection (15)

  9  is amended, and a new subsection (14) is added to said

10  section, to read:

11         266.0016  Powers of the board.--The department shall

12  monitor the effectiveness of all programs of the board and

13  oversee the board to ensure that it complies with state laws

14  and rules.  The board is the governing body and shall exercise

15  those powers delegated to it by the department.  These

16  delegated powers shall include, but not be limited to, the

17  power to:

18         (14)  Enter into agreements to accept credit card

19  payments as compensation, and establish accounts in credit

20  card banks for the deposit of credit card sales invoices.

21         (15)(a)(14)  Fix and collect charges for admission to

22  any of the facilities operated and maintained by the board

23  under the provisions of ss. 266.0011-266.0018. and

24         (b)  Permit the acceptance of tour vouchers issued by

25  tour organizations or travel agents for payment of admissions.

26         (c)  Adopt and enforce reasonable rules to govern the

27  conduct of the visiting public.

28

29  Any power delegated by the department pursuant to this section

30  may be revoked by the department at any time if, in the

31  department's determination, the board is not exercising a

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    Florida House of Representatives - 2000                HB 2317

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  1  delegated power in accordance with department rules and

  2  policies or in the best interest of the state.

  3         Section 3.  Paragraph (p) is added to subsection (3) of

  4  section 267.061, Florida Statutes, to read:

  5         267.061  Historic properties; state policy,

  6  responsibilities.--

  7         (3)  DIVISION RESPONSIBILITY.--It is the responsibility

  8  of the division to:

  9         (p)  Protect and administer historical resources

10  abandoned on state-owned lands or on state-owned sovereignty

11  submerged lands. The division may issue permits for survey and

12  exploration activities to identify historical resources and

13  may issue permits for excavation and salvage activities to

14  recover historical resources. The division may issue permits

15  for archaeological excavation for scientific or educational

16  purposes on state-owned lands or on state-owned sovereignty

17  submerged lands. The division may also issue permits for

18  exploration and salvage of historic shipwreck sites by

19  commercial salvors on state-owned sovereignty submerged lands.

20  The division shall adopt rules to administer the issuance of

21  permits for all such activities. In addition, the division

22  shall adopt rules to administer the transfer of objects

23  recovered by commercial salvors under permit in exchange for

24  recovery services provided to the state.

25         Section 4.  Subsection (11) is added to section 872.05,

26  Florida Statutes, to read:

27         872.05  Unmarked human burials.--

28         (11)  RULES.--The Department of State may prescribe by

29  rule procedures for reporting an unmarked human burial and for

30  determining jurisdiction over the burial.

31

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    Florida House of Representatives - 2000                HB 2317

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  1         Section 5.  (1)  The Division of Historical Resources

  2  of the Department of State and the Historic Pensacola

  3  Preservation Board of Trustees, in conjunction with

  4  representatives from West Florida counties, municipalities,

  5  and postsecondary educational institutions, shall develop a

  6  regionally based plan for the protection, preservation,

  7  restoration, and promotion of sites, objects, and landmarks of

  8  historical significance to West Florida and to the state. The

  9  plan shall include, but not be limited to, the following:

10         (a)  Identification of the needs, including financial

11  needs, of the region for the protection, preservation,

12  restoration, and promotion of historically significant sites,

13  objects, and landmarks.

14         (b)  Consideration and evaluation of and

15  recommendations regarding the long-term management of those

16  historic resources currently under the Historic Pensacola

17  Preservation Board of Trustees.

18         (c)  Consideration and evaluation of and

19  recommendations regarding the establishment of a West Florida

20  Museum of History to serve as the center for historic

21  protection, preservation, restoration, and promotion in the

22  region.

23         (d)  Recommendations for local and regional

24  initiatives.

25         (e)  Recommendations for statutory changes and budget

26  considerations.

27         (2)  The plan shall be submitted to the President of

28  the Senate and the Speaker of the House of Representatives no

29  later than January 1, 2001.

30         Section 6.  This act shall take effect upon becoming a

31  law.

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    Florida House of Representatives - 2000                HB 2317

    177-263A-00






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  2                          HOUSE SUMMARY

  3
      Authorizes the Department of State to adopt rules to
  4    administer laws conferring duties upon it. Requires that
      the Division of Historical Resources protect and
  5    administer historical resources abandoned on state-owned
      lands or on state-owned sovereignty submerged lands.
  6    Authorizes the division to issue permits for
      archaeological excavation and salvage activities and for
  7    exploration and salvage of historic shipwreck sites on
      such lands. Authorizes the Department of State to
  8    prescribe rules for reporting an unmarked human burial
      and determining jurisdiction over the burial.
  9

10    Requires the Division of Historical Resources and the
      Historic Pensacola Preservation Board of Trustees, in
11    conjunction with specified entities, to develop a
      regionally based historic preservation plan for West
12    Florida.  Provides elements of the plan and requires
      submission of the plan to the Legislature by January 1,
13    2001.

14
      Authorizes the Historic Pensacola Preservation Board of
15    Trustees to enter into agreements to accept credit card
      payments as compensation, establish accounts in credit
16    card banks for the deposit of credit card sales invoices,
      and permit the acceptance of tour vouchers issued by tour
17    organizations or travel agents for payment of admissions.

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