House Bill 2317e1
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HB 2317, First Engrossed
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 for a study for
27 promotion of historical resources; providing an
28 effective date.
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30 Be It Enacted by the Legislature of the State of Florida:
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HB 2317, First Engrossed
1 Section 1. Subsection (3) is added to section 20.10,
2 Florida Statutes, to read:
3 20.10 Department of State.--There is created a
4 Department of State.
5 (3) The Department of State may adopt rules pursuant
6 to ss. 120.536(1) and 120.54 to administer the provisions of
7 law conferring duties upon the department.
8 Section 2. Present subsections (14) through (18) of
9 section 266.0016, Florida Statutes, are renumbered as
10 subsections (15) through (19), respectively, subsection (15)
11 is amended, and a new subsection (14) is added to said
12 section, to read:
13 266.0016 Powers of the board.--The department shall
14 monitor the effectiveness of all programs of the board and
15 oversee the board to ensure that it complies with state laws
16 and rules. The board is the governing body and shall exercise
17 those powers delegated to it by the department. These
18 delegated powers shall include, but not be limited to, the
19 power to:
20 (14) Enter into agreements to accept credit card
21 payments as compensation, and establish accounts in credit
22 card banks for the deposit of credit card sales invoices.
23 (15)(a)(14) Fix and collect charges for admission to
24 any of the facilities operated and maintained by the board
25 under the provisions of ss. 266.0011-266.0018. and
26 (b) Permit the acceptance of tour vouchers issued by
27 tour organizations or travel agents for payment of admissions.
28 (c) Adopt and enforce reasonable rules to govern the
29 conduct of the visiting public.
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HB 2317, First Engrossed
1 Any power delegated by the department pursuant to this section
2 may be revoked by the department at any time if, in the
3 department's determination, the board is not exercising a
4 delegated power in accordance with department rules and
5 policies or in the best interest of the state.
6 Section 3. Paragraph (p) is added to subsection (3) of
7 section 267.061, Florida Statutes, to read:
8 267.061 Historic properties; state policy,
9 responsibilities.--
10 (3) DIVISION RESPONSIBILITY.--It is the responsibility
11 of the division to:
12 (p) Protect and administer historical resources
13 abandoned on state-owned lands or on state-owned sovereignty
14 submerged lands. The division may issue permits for survey and
15 exploration activities to identify historical resources and
16 may issue permits for excavation and salvage activities to
17 recover historical resources. The division may issue permits
18 for archaeological excavation for scientific or educational
19 purposes on state-owned lands or on state-owned sovereignty
20 submerged lands. The division may also issue permits for
21 exploration and salvage of historic shipwreck sites by
22 commercial salvors on state-owned sovereignty submerged lands.
23 The division shall adopt rules to administer the issuance of
24 permits for all such activities. In addition, the division
25 shall adopt rules to administer the transfer of objects
26 recovered by commercial salvors under permit in exchange for
27 recovery services provided to the state.
28 Section 4. Subsection (11) is added to section 872.05,
29 Florida Statutes, to read:
30 872.05 Unmarked human burials.--
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HB 2317, First Engrossed
1 (11) RULES.--The Department of State may prescribe by
2 rule procedures for reporting an unmarked human burial and for
3 determining jurisdiction over the burial.
4 Section 5. (1) The Division of Historical Resources
5 of the Department of State and the Historic Pensacola
6 Preservation Board of Trustees, in conjunction with
7 representatives from West Florida counties, municipalities,
8 and postsecondary educational institutions, shall develop a
9 regionally based plan for the protection, preservation,
10 restoration, and promotion of sites, objects, and landmarks of
11 historical significance to West Florida and to the state. The
12 plan shall include, but not be limited to, the following:
13 (a) Identification of the needs, including financial
14 needs, of the region for the protection, preservation,
15 restoration, and promotion of historically significant sites,
16 objects, and landmarks.
17 (b) Consideration and evaluation of and
18 recommendations regarding the long-term management of those
19 historic resources currently under the Historic Pensacola
20 Preservation Board of Trustees.
21 (c) Consideration and evaluation of and
22 recommendations regarding the establishment of a West Florida
23 Museum of History to serve as the center for historic
24 protection, preservation, restoration, and promotion in the
25 region.
26 (d) Recommendations for local and regional
27 initiatives.
28 (e) Recommendations for statutory changes and budget
29 considerations.
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HB 2317, First Engrossed
1 (2) The plan shall be submitted to the President of
2 the Senate and the Speaker of the House of Representatives no
3 later than January 1, 2001.
4 Section 6. (1) The Division of Historical Resources
5 of the Department of State, in conjunction with
6 representatives from Florida's Big Bend counties, including
7 Calhoun, Columbia, Dixie, Franklin, Gadsden, Gilcrist, Gulf,
8 Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon,
9 Liberty, Levy, Madison, Suwannee, Taylor, Union, Wakulla, and
10 Washington counties, municipalities, and post-secondary
11 educational institutions, shall develop a regionally based
12 study for the protection, preservation, restoration and
13 promotion of historically significant sites, objects and
14 landmarks to this area and to the state. The study shall
15 include, but not be limited to the following:
16 (a) Identification of the needs, including financial,
17 of the region in protection, preservation, restoration and
18 promotion of historically significant sites, objects, and
19 landmarks;
20 (b) Consideration of and recommendations concerning
21 the long-term management of those historic resources
22 previously under the Historic Tallahassee Preservation Board
23 of Trustees;
24 (c) Recommendations for local and regional
25 initiatives; and
26 (d) Recommendations for statutory changes and budget
27 considerations.
28 (2) The study shall be submitted to the President of
29 the Senate and the Speaker of the House of Representatives no
30 later than January 1, 2001.
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HB 2317, First Engrossed
1 Section 7. (1) The Division of Historical Resources
2 of the Department of State, in conjunction with
3 representatives from southwest Florida counties, including
4 Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands,
5 Lee, Manatee, Okeechobee and Sarasota, municipalities, and
6 post-secondary educational institutions, shall develop a
7 regionally based study for the protection, preservation,
8 restoration and promotion of historically significant sites,
9 objects and landmarks to this area and to the state. The
10 study shall include, but not be limited to, the following:
11 (a) Identification of the needs, including financial,
12 of the region in protection, preservation, restoration and
13 promotion of historically significant sites, objects, and
14 landmarks;
15 (b) Recommendations for local and regional
16 initiatives; and
17 (c) Recommendations for statutory changes and budget
18 considerations.
19 (2) The study shall be submitted to the President of
20 the Senate and the Speaker of the House of Representatives no
21 later than January 1, 2001.
22 Section 8. This act shall take effect upon becoming a
23 law.
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