House Bill 2317
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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:
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30 Section 1. Subsection (3) is added to section 20.10,
31 Florida Statutes, to read:
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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.
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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
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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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