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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2439

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Bitner offered the following:

12

13         Amendment (with title amendment) 

14         On page 3, between lines 16 and 17,

15

16  insert:

17         Section 2.  The John and Mable Ringling Museum of Art

18  is transferred from the Board of Trustees of the John and

19  Mable Ringling Museum of Art in the Department of State to the

20  Florida State University.

21         Section 3.  Section 240.711, Florida Statutes, is

22  created to read:

23         240.711  Ringling Center for Cultural Arts.--

24         (1)  The Florida State University Ringling Center for

25  Cultural Arts is created. The center consists of the following

26  properties located in Sarasota County:

27         (a)  The John and Mable Ringling Museum of Art composed

28  of:

29         1.  The art museum;

30         2.  The Ca' d'Zan (the Ringling residence); and

31         3.  The Ringling Museum of the Circus.

                                  1

    File original & 9 copies    05/01/00
    hbd0001                     04:53 pm         02439-0071-231975




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2439

    Amendment No.     (for drafter's use only)





 1         (b)  The Florida State University Center for the Fine

 2  and Performing Arts, including the Asolo Theater and the

 3  Florida State University Center for the Performing Arts, both

 4  of which shall provide for academic programs in theatre,

 5  dance, art, art history, and museum management.

 6

 7  The center shall be operated by the Florida State University,

 8  which shall be charged with encouraging participation by K-12

 9  schools and by other colleges and universities, public and

10  private, in the educational and cultural enrichment programs

11  of the center.

12         (2)(a)  The John and Mable Ringling Museum of Arts is

13  designated as the official Art Museum of the State of Florida.

14  The purpose and function of the museum is to maintain and

15  preserve all objects of art and artifacts donated to the state

16  through the will of John Ringling; to acquire and preserve

17  objects of art or artifacts of historical or cultural

18  significance; to exhibit such objects to the public; to

19  undertake scholarly research and publication, including that

20  relating to the collection; to provide educational programs

21  for students at K-12 schools and those in college and graduate

22  school and enrichment programs for children and adults; to

23  assist other museums in the state and nation through education

24  programs and through loaning objects from the collection when

25  such loans do not threaten the safety and security of the

26  objects; to enhance knowledge and appreciation of the

27  collection; and to engage in other activities related to

28  visual arts which benefit the public. The museum shall also

29  engage in programs on the national and international level to

30  enhance further the cultural resources of the state.

31         (b)  The Florida State University shall approve a John

                                  2

    File original & 9 copies    05/01/00
    hbd0001                     04:53 pm         02439-0071-231975




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2439

    Amendment No.     (for drafter's use only)





 1  and Mable Ringling Museum of Art direct-support organization.

 2  Such direct-support organization shall consist of no more than

 3  31 members appointed by the president of the university from a

 4  list of nominees provided by the Ringling direct-support

 5  organization. No fewer than one-third of the members must be

 6  residents of Sarasota and Manatee Counties, and the remaining

 7  members may reside elsewhere. The current members of the Board

 8  of Trustees of the John and Mable Ringling Museum of Art may

 9  be members of the direct-support organization. They shall

10  develop a charter and by-laws to govern their operation, and

11  these shall be subject to approval by the Florida State

12  University.

13         (c)  The John and Mable Ringling Museum of Art

14  direct-support organization, operating under the charter and

15  by-laws and such contracts as are approved by the university,

16  shall set policies to maintain and preserve the collections of

17  the Art Museum; the Circus Museum; the furnishings and objects

18  in the Ringling home, referred as the Ca' d'Zan; and other

19  objects of art and artifacts in the custody of the museum.

20  Title to all such collections, art objects, and artifacts of

21  the museums and its facilities shall remain with the Florida

22  State University, which shall assign state registration

23  numbers to, and conduct annual inventories of, all such

24  properties. The direct-support organization shall develop

25  policy for the museum, subject to the provisions of the John

26  Ringling will and the overall direction of the president of

27  the university; and it is invested with power and authority to

28  nominate a museum director who is appointed by and serves at

29  the pleasure of the president of the university and shall

30  report to the provost of the university or his or her

31  designee. The museum director, with the approval of the

                                  3

    File original & 9 copies    05/01/00
    hbd0001                     04:53 pm         02439-0071-231975




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2439

    Amendment No.     (for drafter's use only)





 1  provost or his or her designee, shall appoint other employees

 2  in accordance with Florida Statutes and rules; remove the same

 3  in accordance with Florida Statutes and rules; provide for the

 4  proper keeping of accounts and records and budgeting of funds;

 5  enter into contracts for professional programs of the museum

 6  and for the support and maintenance of the museum; secure

 7  public liability insurance; and do and perform every other

 8  matter or thing requisite to the proper management,

 9  maintenance, support, and control of the museum at the highest

10  efficiency economically possible, while taking into

11  consideration the purposes of the museum.

12         (d)  Notwithstanding the provision of s. 287.057, the

13  John and Mable Ringling Museum of Art direct-support

14  organization may enter into contracts or agreements with or

15  without competitive bidding, in its discretion, for the

16  restoration of objects of art in the museum collection or for

17  the purchase of objects of art that are to be added to the

18  collection.

19         (e)  Notwithstanding s. 273.055, the university may

20  sell any art object in the museum collection, which object has

21  been acquired after 1936, if the director and the

22  direct-support organization recommend such sale to the

23  president of the university and if they first determine that

24  the object is no longer appropriate for the collection. The

25  proceeds of the sale shall be deposited in the Ringling Museum

26  Art Acquisition, Restoration, and Conservation Trust Fund. The

27  university also may exchange any art object in the collection,

28  which object has been acquired after 1936, for an art object

29  or objects that the director and the museum direct-support

30  organization recommend to the university after judging these

31  to be of equivalent or greater value to the museum.

                                  4

    File original & 9 copies    05/01/00
    hbd0001                     04:53 pm         02439-0071-231975




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2439

    Amendment No.     (for drafter's use only)





 1         (f)  An employee or member of the museum direct-support

 2  organization may not receive a commission, fee, or financial

 3  benefit in connection with the sale or exchange of a work of

 4  art and may not be a business associate of any individual,

 5  firm, or organization involved in the sale or exchange.

 6         (g)  The university, in consultation with the

 7  direct-support organization, shall establish policies and may

 8  adopt rules for the sale or exchange of works of art.

 9         (h)  The John and Mable Ringling Museum of Art

10  direct-support organization shall cause an annual audit of its

11  financial accounts to be conducted by an independent certified

12  public accountant, performed in accordance with generally

13  accepted accounting standards. Florida State University is

14  authorized to require and receive from the direct-support

15  organization, or from its independent auditor, any detail or

16  supplemental data relative to the operation of such

17  organization. Information that, if released, would identify

18  donors who desire to remain anonymous, is confidential and

19  exempt from the provisions of s. 119.07(1). Information that,

20  if released, would identify prospective donors is confidential

21  and exempt from the provisions of s. 119.07(1) when the

22  direct-support organization has identified the prospective

23  donor itself and has not obtained the name of the prospective

24  donor by copying, purchasing, or borrowing names from another

25  organization or source. Identities of such donors and

26  prospective donors shall not be revealed in the auditor's

27  report.

28         (i)  The direct-support organization is given authority

29  to make temporary loans of paintings and other objects of art

30  or artifacts belonging to the John and Mable Ringling Museum

31  of Art for the purpose of public exhibition in art museums,

                                  5

    File original & 9 copies    05/01/00
    hbd0001                     04:53 pm         02439-0071-231975




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2439

    Amendment No.     (for drafter's use only)





 1  other museums, or institutions of higher learning wherever

 2  located, including such museums or institutions in other

 3  states or countries. Temporary loans may also be made to the

 4  executive mansion in Tallahassee, chapters and affiliates of

 5  the John and Mable Ringling Museum of Art, and, for education

 6  purposes, to schools, public libraries, or other institutions

 7  in the state, if such exhibition will benefit the general

 8  public as the university deems wise and for the best interest

 9  of the John and Mable Ringling Museum of Art and under

10  policies established by Florida State University for the

11  protection of the paintings and other objects of art and

12  artifacts. In making temporary loans, the direct-support

13  organization shall give first preference to art museums, other

14  museums, and institutions of higher learning.

15         (j)  Notwithstanding any other provision of law, the

16  John and Mable Ringling Museum of Art direct-support

17  organization is eligible to match state funds in the Major

18  Gifts Trust Fund established pursuant to s. 240.2605 as

19  follows:

20         1.  For the first $1,353,750, matching shall be on the

21  basis of 75 cents in state matching for each dollar of private

22  funds.

23         2.  For additional funds, matching shall be provided on

24  the same basis as is authorized in s. 240.2605.

25         Section 4.  Sections 265.26 and 265.261, Florida

26  Statutes, are repealed.

27         Section 5.  Paragraph (e) of subsection (1) of section

28  265.2861, Florida Statutes, is amended to read:

29         265.2861  Cultural Institutions Program; trust fund.--

30         (1)  CULTURAL INSTITUTIONS TRUST FUND.--There is

31  created a Cultural Institutions Trust Fund to be administered

                                  6

    File original & 9 copies    05/01/00
    hbd0001                     04:53 pm         02439-0071-231975




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2439

    Amendment No.     (for drafter's use only)





 1  by the Department of State for the purposes set forth in this

 2  section and to support the following programs as follows:

 3         (e)  For the officially designated Art Museum of the

 4  State of Florida described in s. 240.711 state-owned cultural

 5  facilities assigned to the Department of State, which receive

 6  a portion of any operating funds from the Department of State

 7  and one of the primary purposes of which is the presentation

 8  of fine arts or performing arts, not less than $2.2 million.

 9

10  The trust fund shall consist of moneys appropriated by the

11  Legislature, moneys deposited pursuant to s. 607.1901(2), and

12  moneys contributed to the fund from any other source.

13         Section 6.  Subsection (11) of section 565.02, Florida

14  Statutes, is amended to read:

15         565.02  License fees; vendors; clubs; caterers; and

16  others.--

17         (11)  The Board of Trustees of the John and Mable

18  Ringling Museum of Art direct-support organization may obtain

19  a license upon the payment of an annual license tax of $400.

20  Such license shall permit sales for consumption on the

21  premises of the museum in conjunction with artistic,

22  educational, cultural, civic, or charitable events held on the

23  premises of the museum under the auspices or authorization of

24  the licensee.  The issuing of a license under this subsection

25  is not subject to any quota or limitation, except that the

26  license shall be issued only to the direct-support

27  organization board of trustees of the museum or its the

28  board's designee. Except as otherwise provided in this

29  subsection, the entity licensed hereunder shall be treated as

30  a vendor licensed to sell by the drink the beverages mentioned

31  herein and shall be subject to all provisions relating to such

                                  7

    File original & 9 copies    05/01/00
    hbd0001                     04:53 pm         02439-0071-231975




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2439

    Amendment No.     (for drafter's use only)





 1  vendors.

 2

 3

 4  ================ T I T L E   A M E N D M E N T ===============

 5  And the title is amended as follows:

 6         On page 1, lines 2 through 5,

 7  remove from the title:  all of said lines

 8

 9  and insert in lieu thereof:

10         An act relating to the Department of State;

11         transferring the John and Mable Ringling Museum

12         of Art to Florida State University; creating s.

13         240.711, F.S.; creating the Ringling Center for

14         Cultural Arts; providing for its governance,

15         for a direct-support organization, and for

16         operations; providing powers of the university

17         and its agents and employees; repealing s.

18         265.26, F.S., relating to the Trustees of the

19         John and Mable Ringling Museum of Art;

20         repealing s. 265.261, F.S., relating to that

21         museum's direct-support organization; amending

22         s. 265.2861, F.S.; revising distributions from

23         the Cultural Institutions Trust Fund; amending

24         s. 565.02, F.S.; transferring the beverage

25         license of the museum board of trustees to the

26         direct-support organization; amending s. 15.01,

27

28

29

30

31

                                  8

    File original & 9 copies    05/01/00
    hbd0001                     04:53 pm         02439-0071-231975