House Bill hb1157er

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  2         An act relating to the Department of State;

  3         amending s. 15.16, F.S.; authorizing the

  4         department to waive certain advertising

  5         requirements; amending s. 288.816, F.S.;

  6         deleting a requirement that certain law

  7         enforcement agencies notify the department of

  8         certain arrests and incarcerations; amending s.

  9         679.401, F.S.; specifying the Florida Secured

10         Transaction Registry as a place for certain

11         filings; creating s. 679.4015, F.S.;

12         establishing the Florida Secured Transaction

13         Registry; prescribing duties of the department;

14         prescribing standards for the registry;

15         providing powers and duties of contracting

16         entities performing services with respect to

17         the registry; amending s. 901.26, F.S.;

18         providing that failure to provide certain

19         consular notification shall not be a defense in

20         a criminal proceeding or a cause for release of

21         a foreign national from custody; directing the

22         Department of Community Affairs and the

23         Department of State to conduct a study of

24         lighthouses in the state; providing

25         requirements of the study; providing for

26         planning and funding responsibilities;

27         directing each department to make a budget

28         request for funding purposes; providing an

29         appropriation; providing effective dates.

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


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  1         Section 1.  Subsections (6) and (7) of section 15.16,

  2  Florida Statutes, are redesignated as subsections (7) and (8),

  3  respectively, and a new subsection (6) is added to that

  4  section to read:

  5         15.16  Reproduction of records; admissibility in

  6  evidence; electronic receipt and transmission of records;

  7  certification; acknowledgment.--

  8         (6)  Notwithstanding s. 865.09(3)(d), the Department of

  9  State may waive the requirement that a person advertise the

10  intention to register a fictitious name if the department

11  indexes the fictitious name registration in a central database

12  available to the public on the Internet.

13         Section 2.  Paragraph (f) of subsection (2) of section

14  288.816, Florida Statutes, is amended to read:

15         288.816  Intergovernmental relations.--

16         (2)  The secretary shall be responsible for all

17  consular relations between the state and all foreign

18  governments doing business in Florida.  The secretary shall

19  monitor United States laws and directives to ensure that all

20  federal treaties regarding foreign privileges and immunities

21  are properly observed.  The secretary shall promulgate rules

22  which shall:

23         (f)  Establish a system of communication to provide all

24  state and local law enforcement agencies with information

25  regarding proper procedures relating to the arrest or

26  incarceration of a foreign citizen. Florida law enforcement

27  agencies shall inform the Department of State when such arrest

28  or incarceration occurs. The secretary in turn shall notify

29  the appropriate foreign governmental official. The secretary

30  shall annually report on the actions taken to inform law

31  enforcement agencies, and on the cooperation from such


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  1  agencies, to the President of the Senate and the Speaker of

  2  the House of Representatives.

  3         Section 3.  Effective October 1, 2001, paragraph (c) of

  4  subsection (1) and subsection (5) of section 679.401, Florida

  5  Statutes, are amended to read:

  6         679.401  Place of filing; erroneous filing; removal of

  7  collateral.--

  8         (1)  The proper place to file in order to perfect a

  9  security interest is as follows:

10         (c)  In all other cases, by filing under the Florida

11  Secured Transaction Registry in the office of the Department

12  of State.

13         (5)  Notwithstanding the preceding subsections, and

14  subject to s. 679.302(3), the proper place to file in order to

15  perfect a security interest in collateral, including fixtures,

16  of a transmitting utility is under the Florida Secured

17  Transaction Registry the office of the Department of State.

18         Section 4.  Section 679.4015, Florida Statutes, is

19  created to read:

20         679.4015  Florida Secured Transaction Registry.--

21         (1)  As used in this section, the term:

22         (a)  "Florida Secured Transaction Registry" or

23  "registry" means the central database in which all initial

24  financing statements, amendments, assignments, and other

25  statements of change authorized to be filed under this chapter

26  are filed, maintained, and retrieved. The term does not apply

27  to documents that are filed under this chapter with the clerk

28  of a circuit court.

29         (b)  "Department" means the Department of State.

30         (c)  "Materials and records" includes, but is not

31  limited to, databases, source or object codes, and any


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  1  software relating to the Florida Secured Transaction Registry

  2  or other filing system under this chapter, regardless of the

  3  original source of its creation or maintenance.

  4         (2)  The department shall perform the duties of the

  5  filing office and filing officer under this chapter until

  6  October 1, 2001, or until the effective date of a contract

  7  executed by the department for the performance of these

  8  duties, whichever occurs later. At that time, the department

  9  shall cease serving as the filing office and filing officer

10  under this chapter, and thereafter, except to the extent the

11  department may reclaim those duties under paragraph (3)(d),

12  the department is not responsible for the performance of the

13  duties of the filing office or filing officer under this

14  chapter, including determinations of whether filings under

15  this chapter satisfy the requirements of law.

16         (3)  The department shall immediately develop and issue

17  a request for qualifications seeking capable entities to

18  perform the duties currently being performed by the department

19  as the filing office and filing officer under this chapter.

20         (a)  The qualifications shall, at a minimum, provide

21  for the organization and maintenance of the Florida Secured

22  Transaction Registry in a matter that:

23         1.  Is comparable and compatible with the department's

24  current filing system.

25         2.  Is open to the public and accessible through the

26  Internet, to permit the review of all current filings of the

27  department and all future filings in the registry, in

28  compliance with chapter 119.

29         3.  Provides for oversight and compliance audits by the

30  department.

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  1         4.  Requires records maintenance in compliance with

  2  this chapter and chapter 119.

  3         5.  Maintains the current level of filing fees and

  4  procedures for the deposit of revenues with the department as

  5  specified in chapter 15, net of operating costs.

  6         (b)  Under chapter 287, the department has the

  7  authority to determine and select the most qualified

  8  respondents to the request for qualifications and to negotiate

  9  and enter into one or more contracts as provided in this

10  section.

11         (c)  The contract may not be assignable or otherwise

12  transferable without the express written consent of the

13  department.

14         (d)  Notwithstanding the terms and conditions of the

15  contract, the department and the state retain sole and

16  exclusive ownership of the materials and records in the

17  registry, have the right to inspect and make copies of the

18  materials and records in the registry, and have the right to

19  immediately reclaim and take possession and control of the

20  original materials and records in the registry if an entity

21  under contract with the department does not, or cannot,

22  perform the terms and conditions of the contract for any

23  reason or commences an insolvency proceeding. If the

24  department reclaims control of the materials and records in

25  the registry, the department shall provide for the

26  uninterrupted fulfillment of the duties of the filing office

27  and filing officer under this chapter. The department is

28  entitled to injunctive relief if an entity fails to turn over

29  the materials and records upon demand, and the Circuit Court

30  for Leon County, Florida, has exclusive original jurisdiction

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  1  over any disputes pertaining to this section or any contract

  2  executed under this section.

  3         (4)  The department retains authority under this

  4  chapter to approve the forms required to be filed under this

  5  chapter. If authorized by the contract with the department,

  6  the entity performing the duties of the filing office may

  7  certify a copy of a financing statement, or an amendment

  8  thereto, which shall be admissible in a state or federal court

  9  or in a proceeding before any other tribunal.

10         (5)  The department shall develop performance standards

11  to ensure that the Florida Secured Transaction Registry is

12  accurate and complete and that the users thereof are being

13  well-served. Periodically, the department shall verify that

14  these performance standards are being met or modified as may

15  be needed from time to time.

16         Section 5.  Section 901.26, Florida Statutes, is

17  amended to read:

18         (Substantial rewording of section.

19         See s. 901.26, F.S., for present text.)

20         901.26  Arrest and detention of foreign

21  nationals.--Failure to provide consular notification under the

22  Vienna Convention on Consular Relations or other bilateral

23  consular conventions shall not be a defense in any criminal

24  proceeding against any foreign national and shall not be cause

25  for the foreign national's discharge from custody.

26         Section 6.  (1)  The Coastal Management Program of the

27  Department of Community Affairs and the Division of Historical

28  Resources of the Department of State shall undertake a study

29  of the lighthouses in the state. The study must determine the

30  location, ownership, condition, and historical significance of

31  all lighthouses in the state and ensure that all historically


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  1  significant lighthouses are nominated for inclusion on the

  2  National Register of Historic Places. The study must assess

  3  the condition and restoration needs of historic lighthouses

  4  and develop plans for appropriate future public access and

  5  use. The Coastal Management Program and the Division of

  6  Historical Resources shall take a leadership role in

  7  implementing plans to stabilize lighthouses and associated

  8  structures and to preserve and protect them from future

  9  deterioration. When possible, the lighthouses and associated

10  buildings should be made available to the public for

11  educational and recreational purposes. The Department of

12  Community Affairs should consider these responsibilities to be

13  a priority of the Florida Coastal Management Program, and

14  implementation of this act should be a priority in the use of

15  coastal management funds.

16         (2)  The Department of Community Affairs and the

17  Department of State shall request in their annual legislative

18  budget requests funding necessary to carry out the duties and

19  responsibilities specified in this act. Funds for the

20  rehabilitation of lighthouses should be allocated through

21  matching grants-in-aid to state and local government agencies

22  and to nonprofit organizations. The Department of Community

23  Affairs may assist the Division of Historical Resources in

24  projects to accomplish lighthouse identification, assessment,

25  restoration, and interpretation.

26         (3)  There are appropriated in fiscal year 2001-2002

27  the sums of $50,000 from nonrecurring general revenue to the

28  Department of State and $50,000 from nonrecurring general

29  revenue to the Department of Community Affairs to implement

30  the study required by this section.

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  1         (4)  This section shall take effect upon this act

  2  becoming a law.

  3         Section 7.  Except as otherwise expressly provided in

  4  this act, this act shall take effect upon becoming a law.

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