SENATE AMENDMENT
    Bill No. HB 1157, 1st Eng.
    Amendment No. ___   Barcode 201348
                            CHAMBER ACTION
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11  Senator Garcia moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Subsections (6) and (7) of section 15.16,
18  Florida Statutes, are redesignated as subsections (7) and (8),
19  respectively, and a new subsection (6) is added to that
20  section to read:
21         15.16  Reproduction of records; admissibility in
22  evidence; electronic receipt and transmission of records;
23  certification; acknowledgment.--
24         (6)  Notwithstanding s. 865.09(3)(d), the Department of
25  State may waive the requirement that a person advertise the
26  intention to register a fictitious name if the department
27  indexes the fictitious name registration in a central database
28  available to the public on the Internet.
29         Section 2.  Paragraph (f) of subsection (2) of section
30  288.816, Florida Statutes, is amended to read:
31         288.816  Intergovernmental relations.--
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SENATE AMENDMENT Bill No. HB 1157, 1st Eng. Amendment No. ___ Barcode 201348 1 (2) The secretary shall be responsible for all 2 consular relations between the state and all foreign 3 governments doing business in Florida. The secretary shall 4 monitor United States laws and directives to ensure that all 5 federal treaties regarding foreign privileges and immunities 6 are properly observed. The secretary shall promulgate rules 7 which shall: 8 (f) Establish a system of communication to provide all 9 state and local law enforcement agencies with information 10 regarding proper procedures relating to the arrest or 11 incarceration of a foreign citizen. Florida law enforcement 12 agencies shall inform the Department of State when such arrest 13 or incarceration occurs. The secretary in turn shall notify 14 the appropriate foreign governmental official. The secretary 15 shall annually report on the actions taken to inform law 16 enforcement agencies, and on the cooperation from such 17 agencies, to the President of the Senate and the Speaker of 18 the House of Representatives. 19 Section 3. Effective October 1, 2001, paragraph (c) of 20 subsection (1) and subsection (5) of section 679.401, Florida 21 Statutes, are amended to read: 22 679.401 Place of filing; erroneous filing; removal of 23 collateral.-- 24 (1) The proper place to file in order to perfect a 25 security interest is as follows: 26 (c) In all other cases, by filing under the Florida 27 Secured Transaction Registry in the office of the Department 28 of State. 29 (5) Notwithstanding the preceding subsections, and 30 subject to s. 679.302(3), the proper place to file in order to 31 perfect a security interest in collateral, including fixtures, 2 2:50 PM 05/02/01 h1157.cm39.0b
SENATE AMENDMENT Bill No. HB 1157, 1st Eng. Amendment No. ___ Barcode 201348 1 of a transmitting utility is under the Florida Secured 2 Transaction Registry the office of the Department of State. 3 Section 4. Section 679.4015, Florida Statutes, is 4 created to read: 5 679.4015 Florida Secured Transaction Registry.-- 6 (1) As used in this section, the term: 7 (a) "Florida Secured Transaction Registry" or 8 "registry" means the central database in which all initial 9 financing statements, amendments, assignments, and other 10 statements of change authorized to be filed under this chapter 11 are filed, maintained, and retrieved. The term does not apply 12 to documents that are filed under this chapter with the clerk 13 of a circuit court. 14 (b) "Department" means the Department of State. 15 (c) "Materials and records" includes, but is not 16 limited to, databases, source or object codes, and any 17 software relating to the Florida Secured Transaction Registry 18 or other filing system under this chapter, regardless of the 19 original source of its creation or maintenance. 20 (2) The department shall perform the duties of the 21 filing office and filing officer under this chapter until 22 October 1, 2001, or until the effective date of a contract 23 executed by the department for the performance of these 24 duties, whichever occurs later. At that time, the department 25 shall cease serving as the filing office and filing officer 26 under this chapter, and thereafter, except to the extent the 27 department may reclaim those duties under paragraph (3)(d), 28 the department is not responsible for the performance of the 29 duties of the filing office or filing officer under this 30 chapter, including determinations of whether filings under 31 this chapter satisfy the requirements of law. 3 2:50 PM 05/02/01 h1157.cm39.0b
SENATE AMENDMENT Bill No. HB 1157, 1st Eng. Amendment No. ___ Barcode 201348 1 (3) The department shall immediately develop and issue 2 a request for qualifications seeking capable entities to 3 perform the duties currently being performed by the department 4 as the filing office and filing officer under this chapter. 5 (a) The qualifications shall, at a minimum, provide 6 for the organization and maintenance of the Florida Secured 7 Transaction Registry in a matter that: 8 1. Is comparable and compatible with the department's 9 current filing system. 10 2. Is open to the public and accessible through the 11 Internet, to permit the review of all current filings of the 12 department and all future filings in the registry, in 13 compliance with chapter 119. 14 3. Provides for oversight and compliance audits by the 15 department. 16 4. Requires records maintenance in compliance with 17 this chapter and chapter 119. 18 5. Maintains the current level of filing fees and 19 procedures for the deposit of revenues with the department as 20 specified in chapter 15, net of operating costs. 21 (b) Under chapter 287, the department has the 22 authority to determine and select the most qualified 23 respondents to the request for qualifications and to negotiate 24 and enter into one or more contracts as provided in this 25 section. 26 (c) The contract may not be assignable or otherwise 27 transferable without the express written consent of the 28 department. 29 (d) Notwithstanding the terms and conditions of the 30 contract, the department and the state retain sole and 31 exclusive ownership of the materials and records in the 4 2:50 PM 05/02/01 h1157.cm39.0b
SENATE AMENDMENT Bill No. HB 1157, 1st Eng. Amendment No. ___ Barcode 201348 1 registry, have the right to inspect and make copies of the 2 materials and records in the registry, and have the right to 3 immediately reclaim and take possession and control of the 4 original materials and records in the registry if an entity 5 under contract with the department does not, or cannot, 6 perform the terms and conditions of the contract for any 7 reason or commences an insolvency proceeding. If the 8 department reclaims control of the materials and records in 9 the registry, the department shall provide for the 10 uninterrupted fulfillment of the duties of the filing office 11 and filing officer under this chapter. The department is 12 entitled to injunctive relief if an entity fails to turn over 13 the materials and records upon demand, and the Circuit Court 14 for Leon County, Florida, has exclusive original jurisdiction 15 over any disputes pertaining to this section or any contract 16 executed under this section. 17 (4) The department retains authority under this 18 chapter to approve the forms required to be filed under this 19 chapter. If authorized by the contract with the department, 20 the entity performing the duties of the filing office may 21 certify a copy of a financing statement, or an amendment 22 thereto, which shall be admissible in a state or federal court 23 or in a proceeding before any other tribunal. 24 (5) The department shall develop performance standards 25 to ensure that the Florida Secured Transaction Registry is 26 accurate and complete and that the users thereof are being 27 well-served. Periodically, the department shall verify that 28 these performance standards are being met or modified as may 29 be needed from time to time. 30 Section 5. Section 901.26, Florida Statutes, is 31 amended to read: 5 2:50 PM 05/02/01 h1157.cm39.0b
SENATE AMENDMENT Bill No. HB 1157, 1st Eng. Amendment No. ___ Barcode 201348 1 (Substantial rewording of section. 2 See s. 901.26, F.S., for present text.) 3 901.26 Arrest and detention of foreign 4 nationals.--Failure to provide consular notification under the 5 Vienna Convention on Consular Relations or other bilateral 6 consular conventions shall not be a defense in any criminal 7 proceeding against any foreign national and shall not be cause 8 for the foreign national's discharge from custody. 9 Section 6. (1) The Coastal Management Program of the 10 Department of Community Affairs and the Division of Historical 11 Resources of the Department of State shall undertake a study 12 of the lighthouses in the state. The study must determine the 13 location, ownership, condition, and historical significance of 14 all lighthouses in the state and ensure that all historically 15 significant lighthouses are nominated for inclusion on the 16 National Register of Historic Places. The study must assess 17 the condition and restoration needs of historic lighthouses 18 and develop plans for appropriate future public access and 19 use. The Coastal Management Program and the Division of 20 Historical Resources shall take a leadership role in 21 implementing plans to stabilize lighthouses and associated 22 structures and to preserve and protect them from future 23 deterioration. When possible, the lighthouses and associated 24 buildings should be made available to the public for 25 educational and recreational purposes. The Department of 26 Community Affairs should consider these responsibilities to be 27 a priority of the Florida Coastal Management Program, and 28 implementation of this act should be a priority in the use of 29 coastal management funds. 30 (2) The Department of Community Affairs and the 31 Department of State shall request in their annual legislative 6 2:50 PM 05/02/01 h1157.cm39.0b
SENATE AMENDMENT Bill No. HB 1157, 1st Eng. Amendment No. ___ Barcode 201348 1 budget requests funding necessary to carry out the duties and 2 responsibilities specified in this act. Funds for the 3 rehabilitation of lighthouses should be allocated through 4 matching grants-in-aid to state and local government agencies 5 and to nonprofit organizations. The Department of Community 6 Affairs may assist the Division of Historical Resources in 7 projects to accomplish lighthouse identification, assessment, 8 restoration, and interpretation. 9 (3) There are appropriated in fiscal year 2001-2002 10 the sums of $50,000 from nonrecurring general revenue to the 11 Department of State and $50,000 from nonrecurring general 12 revenue to the Department of Community Affairs to implement 13 the study required by this section. 14 (4) This section shall take effect upon this act 15 becoming a law. 16 Section 7. Except as otherwise expressly provided in 17 this act, this act shall take effect upon becoming a law. 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 Delete everything before the enacting clause 23 24 and insert: 25 A bill to be entitled 26 An act relating to the Department of State; 27 amending s. 15.16, F.S.; authorizing the 28 department to waive certain advertising 29 requirements; amending s. 288.816, F.S.; 30 deleting a requirement that certain law 31 enforcement agencies notify the department of 7 2:50 PM 05/02/01 h1157.cm39.0b
SENATE AMENDMENT Bill No. HB 1157, 1st Eng. Amendment No. ___ Barcode 201348 1 certain arrests and incarcerations; amending s. 2 679.401, F.S.; specifying the Florida Secured 3 Transaction Registry as a place for certain 4 filings; creating s. 679.4015, F.S.; 5 establishing the Florida Secured Transaction 6 Registry; prescribing duties of the department; 7 prescribing standards for the registry; 8 providing powers and duties of contracting 9 entities performing services with respect to 10 the registry; amending s. 901.26, F.S.; 11 providing that failure to provide certain 12 consular notification shall not be a defense in 13 a criminal proceeding or a cause for release of 14 a foreign national from custody; directing the 15 Department of Community Affairs and the 16 Department of State to conduct a study of 17 lighthouses in the state; providing 18 requirements of the study; providing for 19 planning and funding responsibilities; 20 directing each department to make a budget 21 request for funding purposes; providing an 22 appropriation; providing effective dates. 23 24 25 26 27 28 29 30 31 8 2:50 PM 05/02/01 h1157.cm39.0b