House Bill hb1419

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    Florida House of Representatives - 2001                HB 1419

        By the Committee on Tourism and Representatives
    Trovillion, Bullard, Allen, Justice and Davis





  1                      A bill to be entitled

  2         An act relating to historic preservation;

  3         repealing pt. I of ch. 266, F.S.; eliminating

  4         general provisions relating to historic

  5         preservation boards of trustees and the

  6         responsibilities of the Department of State

  7         with respect thereto; repealing ss. 266.0011,

  8         266.0012, 266.0013, 266.0014, 266.0015,

  9         266.00155, 266.0016, and 266.0017, F.S.;

10         eliminating the Historic Pensacola Board of

11         Trustees; amending s. 267.031, F.S.; providing

12         powers and duties of the Division of Historical

13         Resources; providing for the establishment of

14         historic preservation regional offices;

15         providing purpose; requiring the division to

16         establish a citizen support organization for

17         each regional office; requiring the division to

18         establish and maintain a central inventory of

19         historic properties; requiring the employment

20         of a state archaeologist; providing

21         qualifications and responsibilities for the

22         state archaeologist; requiring the employment

23         of a state historic preservation officer and

24         other personnel; providing for designation and

25         responsibilities of the state historic

26         preservation officer; amending s. 267.061,

27         F.S.; correcting a cross reference; requiring

28         rules for historic property renovation to be

29         based on certain national guidelines and

30         standards; repealing provisions relating to

31         division responsibilities, state archaeologist,

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  1         and state historic preservation officer;

  2         amending s. 267.0612, F.S.; deleting provisions

  3         relating to the Historic Preservation Advisory

  4         Council; creating the Florida Historical

  5         Commission; providing powers and duties;

  6         providing composition of the commission;

  7         providing for initial membership and subsequent

  8         appointments; providing terms and organization;

  9         providing responsibilities of the commission;

10         providing that specified members of the

11         commission shall sit as Florida's National

12         Register Review Board; amending s. 267.0617,

13         F.S.; requiring review of special category

14         historic preservation grants-in-aid by the

15         Florida Historical Commission; defining such

16         grants; providing for review of other grants by

17         grant review panels; conforming cross

18         references; amending s. 267.062, F.S.;

19         correcting a cross reference; amending s.

20         267.072, F.S., relating to Museum of Florida

21         History programs; renumbering provisions

22         relating to historical museum grants as s.

23         267.0619, F.S.; revising provisions with

24         respect to grant application review;

25         renumbering provisions relating to the Great

26         Floridians program as s. 267.073, F.S.;

27         correcting a cross reference; creating s.

28         267.074, F.S.; requiring the Division of

29         Historical Resources to coordinate and direct

30         the Historical Marker Program; delineating

31         program responsibilities; providing

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  1         classification of markers; requiring the

  2         division to establish a central register of

  3         markers and to establish and maintain the

  4         Florida Register of Heritage Landmarks;

  5         requiring rules; requiring a comprehensive

  6         plan; providing for the establishment of fees;

  7         specifying funding sources for markers;

  8         creating s. 267.0743, F.S.; creating the State

  9         Historical Marker Council; providing for

10         membership, meetings, organization, and

11         responsibilities of the council; amending s.

12         267.081, F.S.; authorizing the division to

13         exercise the right of trademark and service

14         mark over specified terms; creating s. 267.115,

15         F.S.; providing division authority and

16         responsibilities pertaining to objects of

17         historical or archaeological value; requiring

18         maintenance of records; providing for loan,

19         sale, exchange, or other disposition of objects

20         under certain circumstances; providing for

21         disposition of funds; providing for rules;

22         providing a penalty; providing for contracts;

23         allowing program for administering finds of

24         artifacts in state-owned river bottoms;

25         amending s. 267.13, F.S.; revising provisions

26         with respect to restitution for the commission

27         of practices prohibited under ch. 267, F.S.;

28         defining value elements for purposes of

29         determining restitution; amending s. 267.14,

30         F.S.; providing public policy declarations;

31         creating s. 267.173, F.S.; requiring the

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  1         Department of State to contract with the

  2         University of West Florida for management of

  3         certain state-owned properties; providing

  4         contract goals; requiring use of proceeds

  5         derived from the management of such properties;

  6         authorizing transfer and ownership of certain

  7         artifacts, documents, and properties to the

  8         university; providing for transfer of records,

  9         property, personnel, and funds of the Historic

10         Pensacola Board of Trustees to the university;

11         specifying certain powers and duties of the

12         University of West Florida; providing that the

13         university may contract with its direct-support

14         organization to perform all acts necessary to

15         assist the university in carrying out its

16         historic preservation and historic education

17         responsibilities; delineating certain powers;

18         authorizing the Department of State to contract

19         with the University of West Florida to serve as

20         a regional office; providing an exception to

21         the requirement for a separate direct-support

22         organization for regional offices; amending and

23         renumbering s. 266.0018, F.S.; requiring the

24         authorization of a direct-support organization

25         to assist the University of West Florida in

26         historic preservation and historic preservation

27         education purposes and responsibilities;

28         conforming references; providing membership

29         criteria and selection; delineating contract

30         and other governance requirements; providing

31         for preservation of validity of judicial or

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  1         administrative actions involving the Historic

  2         Pensacola Preservation Board of Trustees;

  3         amending ss. 607.1901 and 872.05, F.S.;

  4         correcting cross references; providing

  5         effective dates.

  6  

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

  8  

  9         Section 1.  Effective July 1, 2001, part I of chapter

10  266, Florida Statutes, consisting of section 266.00001,

11  Florida Statutes, is repealed.

12         Section 2.  Effective July 1, 2001, sections 266.0011,

13  266.0012, 266.0013, 266.0014, 266.0015, 266.00155, 266.0016,

14  and 266.0017, Florida Statutes, are repealed.

15         Section 3.  Subsections (5), (6), and (7) are added to

16  section 267.031, Florida Statutes, to read:

17         267.031  Division of Historical Resources; powers and

18  duties.--

19         (5)  It is the responsibility of the division to:

20         (a)  Cooperate with federal and state agencies, local

21  governments, and private organizations and individuals to

22  direct and conduct a comprehensive statewide survey of

23  historic resources and to maintain an inventory of such

24  resources.

25         (b)  Develop a comprehensive statewide historic

26  preservation plan.

27         (c)  Identify and nominate through the State Historic

28  Preservation Officer eligible properties to the National

29  Register of Historic Places and otherwise administer

30  applications for listing historic properties in the National

31  Register.

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  1         (d)  Cooperate with federal and state agencies, local

  2  governments, and organizations and individuals to ensure that

  3  historic resources are taken into consideration at all levels

  4  of planning and development.

  5         (e)  Advise and assist, as appropriate, federal and

  6  state agencies and local governments in carrying out their

  7  historic preservation responsibilities and programs.

  8         (f)  Provide public information, education, and

  9  technical assistance relating to historic preservation

10  programs.

11         (g)  Cooperate with local governments and organizations

12  and individuals in the development of local historic

13  preservation programs, including the Main Street Program of

14  the National Trust for Historic Preservation, or any similar

15  programs that may be developed by the division.

16         (h)  Carry out on behalf of the state the programs of

17  the National Historic Preservation Act of 1966, as amended,

18  and to establish, maintain, and administer a state historic

19  preservation program meeting the requirements of an approved

20  program and fulfilling the responsibilities of state historic

21  preservation programs as provided in subsection 101(b) of that

22  act.

23         (i)  Take such other actions necessary or appropriate

24  to locate, acquire, protect, preserve, operate, interpret, and

25  promote the location, acquisition, protection, preservation,

26  operation, and interpretation of historic resources to foster

27  an appreciation of Florida history and culture. Prior to the

28  acquisition, preservation, interpretation, or operation of a

29  historic property by a state agency, the division shall be

30  provided a reasonable opportunity to review and comment on the

31  proposed undertaking and shall determine that there exists

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  1  historical authenticity and a feasible means of providing for

  2  the preservation, interpretation, and operation of such

  3  property. Expenditures by the division to protect or preserve

  4  historic properties leased by the division from the Board of

  5  Trustees of the Internal Improvement Trust Fund may be exempt

  6  from the competitive bid requirements of chapters 255 and 287.

  7         (j)  Cooperate and coordinate with the Division of

  8  Recreation and Parks of the Department of Environmental

  9  Protection in the operation and management of historic

10  properties or resources subject to review under s. 267.061(2)

11  by the Division of Historical Resources.

12         (k)  Establish professional standards for the

13  preservation, exclusive of acquisition, of historic resources

14  in state ownership or control.

15         (l)  Establish guidelines for state agency

16  responsibilities under s. 267.061(2).

17         (m)  Establish regional offices for the purpose of

18  assisting the division in the delivery of historic

19  preservation services to the counties and municipalities of

20  the state and to the citizens of the State of Florida.

21  Historic preservation regional offices shall be established in

22  St. Augustine, Tampa, Palm Beach County, and in other areas of

23  the state which the division deems appropriate. For each

24  regional office established, the division shall establish a

25  citizen support organization in accordance with s. 267.17. The

26  board of directors of each citizen support organization shall

27  be appointed by the Secretary of State.

28         (n)  Establish and maintain a central inventory of

29  historic properties for the state which shall consist of all

30  such properties as may be reported to the division.  This

31  inventory shall be known as the Florida Master Site File.

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  1         (6)  The division shall employ a State Archaeologist,

  2  and such other archaeologists as deemed necessary, who shall

  3  possess such qualifications as the division may prescribe. The

  4  State Archaeologist shall serve at the pleasure of the

  5  division director and shall have his or her duties prescribed

  6  by the division director.

  7         (7)  The division shall employ a State Historic

  8  Preservation Officer, qualified by special training or

  9  experience in the field of historic preservation, and such

10  other specialists in the field of historic preservation as

11  deemed necessary, who shall possess such qualifications as the

12  division may prescribe.  The State Historic Preservation

13  Officer shall be designated as such by the Governor, upon the

14  recommendation of the Secretary of State, and shall serve at

15  the pleasure of the Secretary of State.  The State Historic

16  Preservation Officer shall conduct relations with

17  representatives of the Federal Government and the respective

18  states concerning matters of historic preservation, and shall

19  perform such other duties as prescribed by the Secretary of

20  State.

21         Section 4.  Paragraph (d) of subsection (2) of section

22  267.061, Florida Statutes, is amended, subsections (3), (4),

23  and (5) are repealed, and present subsection (6) of said

24  section is renumbered as subsection (3) and amended, to read:

25         267.061  Historic properties; state policy,

26  responsibilities.--

27         (2)  RESPONSIBILITIES OF STATE AGENCIES OF THE

28  EXECUTIVE BRANCH.--

29         (d)  Each state agency of the executive branch shall

30  assume responsibility for the preservation of historic

31  resources which are owned or controlled by such agency.  Prior

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  1  to acquiring, constructing, or leasing buildings for the

  2  purpose of carrying out agency responsibilities, the agency

  3  shall use, to the maximum extent feasible, historic properties

  4  available to the agency.  Each agency shall undertake,

  5  consistent with the preservation of such properties, the

  6  mission of the agency, and the professional standards

  7  established pursuant to s. 267.031(5)(k) paragraph (3)(k), any

  8  preservation actions necessary to carry out the intent of this

  9  paragraph.

10         (3)(6)  DEPARTMENT OF MANAGEMENT SERVICES.--The

11  Department of Management Services, in consultation with the

12  division, shall adopt rules for the renovation of historic

13  properties which are owned or leased by the state. Such rules

14  shall be based on national guidelines for historic renovation,

15  including the standards and guidelines for rehabilitation

16  adopted by the United States Secretary of the Interior.

17         Section 5.  Section 267.0612, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section. See

20         s. 267.0612, F.S., for present text.)

21         267.0612  Florida Historical Commission; creation;

22  membership; powers and duties.--In order to enhance public

23  participation and involvement in the preservation and

24  protection of the state's historic and archaeological sites

25  and properties, there is created within the Department of

26  State the "Florida Historical Commission."  The commission

27  shall serve in an advisory capacity to the director of the

28  Division of Historical Resources to assist the director in

29  carrying out the purposes, duties, and responsibilities of the

30  division, as specified in this chapter.

31  

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  1         (1)(a)  The commission shall be composed of eleven

  2  members.  Seven members shall be appointed by the Governor in

  3  consultation with the Secretary of State, two members shall be

  4  appointed by the President of the Senate, and two members

  5  shall be appointed by the Speaker of the House of

  6  Representatives.  Of the seven members appointed by the

  7  Governor, one member must be a licensed architect who has

  8  expertise in historic preservation and architectural history;

  9  one member must be a professional historian in the field of

10  American history; one member must be a professional

11  architectural historian; one member must be an archaeologist

12  specializing in the field of prehistory; and one member must

13  be an archaeologist specializing in the historic period. The

14  remaining two members appointed by the Governor and the two

15  members appointed by the President of the Senate and the

16  Speaker of the House of Representatives, respectively, must be

17  representatives of the general public with demonstrated

18  interest in the preservation of Florida's historical and

19  archaeological heritage.  At least one member of the

20  commission shall be a resident of a county that has a

21  population of 75,000 or less.

22         (b)  Notwithstanding the provisions of paragraph (a),

23  the initial members of the commission shall be the members of

24  the Historic Preservation Advisory Council and the National

25  Register of Historic Places Review Board, serving on January

26  1, 2002, who may serve the remainder of their respective

27  terms.  New appointments to the commission shall not be made

28  until the retirement, resignation, removal, or expiration of

29  the terms of the initial members results in fewer than eleven

30  members remaining.  As vacancies occur, the first appointments

31  shall be the five professionally-designated members appointed

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  1  by the Governor.  The President of the Senate, the Speaker of

  2  the House of Representatives, and the Governor, respectively,

  3  shall then alternate appointments until the commission is

  4  composed as required herein.

  5         (2)  Commission members appointed by the President of

  6  the Senate and the Speaker of the House of Representatives

  7  shall be appointed for 2-year terms.  Commission members

  8  appointed by the Governor shall be appointed to 4-year terms.

  9  Vacancies shall be filled for the remainder of the term and by

10  the original appointing authority.

11         (3)  The Governor shall designate a member of the

12  commission as the commission's presiding officer to serve in

13  that capacity at the pleasure of the Governor. Each year the

14  commission shall select an assistant presiding officer from

15  its membership.

16         (4)  The commission shall meet upon the call of the

17  presiding officer or Secretary of State, which shall occur at

18  least quarterly.  Members shall serve without pay, but shall

19  be entitled to reimbursement for their expenses in carrying

20  out their official duties, as provided in s. 112.061.

21         (5)  All action taken by the commission shall be by

22  majority vote of those members present.  The director of the

23  division or the director's designee shall serve without voting

24  rights as secretary to the commission.  The division shall

25  provide necessary staff assistance to the commission.

26         (6)  It shall be the responsibility of the commission

27  to provide assistance, advice, and recommendations to the

28  division in:

29         (a)  Establishing priorities for the identification,

30  acquisition, protection, and preservation of historic and

31  archaeological sites and properties.

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  1         (b)  Establishing criteria for use in assessing the

  2  significance of historic and archaeological sites and

  3  properties.

  4         (c)  Evaluating proposals for awards of special

  5  category historic preservation grants-in-aid administered by

  6  the division.  Pursuant thereto, the commission shall review

  7  and evaluate proposals for special category grants and shall

  8  make recommendations, including a priority ranking, reflecting

  9  such evaluation.  In making such evaluation and

10  recommendations, the commission shall, at a minimum, consider

11  the purpose, economic and other public benefit, location,

12  compatibility with statewide historic preservation priorities,

13  and cost of each proposal for special category grant

14  assistance.

15         (d)  Providing an active outreach program to encourage

16  public understanding of and involvement in the preservation of

17  the state's historic and archaeological sites and properties.

18         (e)  Identifying and expressing public goals for

19  historic preservation and gathering public ideas necessary for

20  the formulation of alternative policies.

21         (f)  Recommending rules relating to the historic

22  preservation programs administered by the division pursuant to

23  this chapter.

24         (7)  It shall be the additional responsibility of the

25  commission to provide such other assistance and advice to the

26  division as required by this chapter and as may be required

27  from time to time in matters pertaining to the protection and

28  preservation of the state's historic and archaeological sites

29  and properties.

30         (8)  The five members appointed by the Governor from

31  the professions designated in paragraph (1)(a) shall sit as

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  1  Florida's National Register Review Board and shall perform the

  2  duties of that board established by the National Historic

  3  Preservation Act of 1966, as amended.  If a vacancy exists in

  4  one of the five designated seats, the division director shall

  5  assign another member of the Florida Historical Commission to

  6  serve until the vacancy is filled.

  7         Section 6.  Subsections (3) and (5) of section

  8  267.0617, Florida Statutes, are amended to read:

  9         267.0617  Historic Preservation Grant Program.--

10         (3)  All grants of state funds to assist the

11  preservation of historic properties shall be made from the

12  Historical Resources Operating Trust Fund and may be awarded

13  only pursuant to applications for such assistance made to the

14  Division of Historical Resources.  The Florida Historical

15  Commission Historic Preservation Advisory Council shall review

16  each application for a special category historic preservation

17  grant-in-aid.  Special category historic preservation

18  grants-in-aid are those reviewed and recommended by the

19  Secretary of State for submission for legislative funding

20  consideration.  Grant review panels appointed by the Secretary

21  of State and chaired by a member of the Florida Historical

22  Commission shall review each application for other historic

23  preservation grants-in-aid.  The reviewing body and shall

24  submit annually to the Secretary of State for approval lists

25  of all applications that are recommended by the reviewing body

26  council for the award of grants, arranged in order of

27  priority.  The division may allocate grants only for projects

28  that are approved or for which funds are appropriated by the

29  Legislature.

30         (5)  The Division of Historical Resources shall adopt

31  rules prescribing the criteria to be applied by the Florida

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  1  Historical Commission and the grant review panels Historic

  2  Preservation Advisory Council in recommending applications for

  3  the award of grants and rules providing for the administration

  4  of the other provisions of this section.

  5         Section 7.  Subsection (2) of section 267.062, Florida

  6  Statutes, is amended to read:

  7         267.062  Naming of state buildings and other

  8  facilities.--

  9         (2)  The division shall, after consulting with the

10  Florida Historical Commission appropriate citizens'

11  committees, recommend several persons whose contributions to

12  the state have been of such significance that the division may

13  recommend that state buildings and facilities be named for

14  them.

15         Section 8.  Subsection (2) of section 267.072, Florida

16  Statutes, is renumbered as section 267.0619, Florida Statutes,

17  and amended to read:

18         267.0619 (2)(a)  Historical Museum Grants.--The

19  division may conduct a program to provide:

20         (1)(a)1.  Grants from the Historical Resources

21  Operating Trust Fund, including matching grants, to a

22  department or agency of the state; a unit of county,

23  municipal, or other local government; or a public or private

24  profit or nonprofit corporation, partnership, or other

25  organization to assist in the development of public

26  educational exhibits relating to the historical resources of

27  Florida; and

28         (b)2.  Grants from the Historical Resources Operating

29  Trust Fund to Florida history museums that are not

30  state-operated to assist such museums in paying for operating

31  costs.

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  1         (2)(b)  In order to be eligible to receive a grant from

  2  the trust fund to assist in paying operating costs, a Florida

  3  history museum must fulfill the following criteria:

  4         (a)1.  The mission of the museum must relate directly

  5  and primarily to the history of Florida.  If the museum has

  6  more than one mission, the museum is eligible to receive a

  7  grant for that portion of the operating costs which is

  8  reasonably attributable to its mission relating to the history

  9  of Florida;

10         (b)2.  The museum must have been operating and open to

11  the public for at least 180 days each year during the 2-year

12  period immediately preceding the date upon which the museum

13  applies for the grant;

14         (c)3.  The museum must be open and providing museum

15  services to the public for at least 180 days each year; and

16         (d)4.  The museum must currently employ, and must have

17  employed during the 2-year period immediately preceding the

18  date upon which the museum applies for the grant, at least one

19  full-time staff member or the equivalent thereof whose primary

20  responsibility is to acquire, maintain, and exhibit to the

21  public objects that are owned by, or are on loan to, the

22  museum.

23         (3)(c)  An application for a grant must be made to the

24  division on a form provided by the division.  The division

25  shall adopt rules prescribing categories of grants,

26  application requirements, criteria and procedures for the

27  review and evaluation of applications, and other procedures

28  necessary for the administration of the program, subject to

29  the requirements of this section. Grant review panels

30  appointed by the Secretary of State and chaired by a member of

31  the Florida Historical Commission shall review each

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  1  application for a museum grant-in-aid.  The review panel shall

  2  submit to the Secretary of State for approval lists of all

  3  applications that are recommended by the panel for the award

  4  of grants, arranged in order of priority. The division shall

  5  provide opportunities for persons from different areas of the

  6  state who, due to education, experience, or special interest,

  7  are knowledgeable about the development and operation of

  8  historical museums or historical exhibits for public education

  9  to evaluate the applications and shall consider their

10  evaluations and recommendations in selecting the applicants

11  that it will recommend to the Secretary of State to receive

12  grants. The division shall submit a list of such applicants,

13  arranged in order of priority, to the Secretary of State.  The

14  division may award a grant to a Florida history museum only if

15  the award has been approved by the Secretary of State.

16         (4)(d)  Money received as an appropriation or

17  contribution to the grants program must be deposited into the

18  Historical Resources Operating Trust Fund. Money appropriated

19  from general revenue to the trust fund for the program may not

20  be granted to a private for-profit museum.  Money appropriated

21  from any source to the trust fund for the program may not be

22  granted to pay the cost of locating, identifying, evaluating,

23  acquiring, preserving, protecting, restoring, rehabilitating,

24  stabilizing, or excavating an archaeological or historic site

25  or a historic building or the planning of any of those

26  activities.

27         (5)(e)  The division may grant moneys quarterly from

28  the Historical Resources Operating Trust Fund to history

29  museums in advance of an exhibit or program for which the

30  moneys are granted.

31  

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  1         Section 9.  Subsection (1) of section 267.072, Florida

  2  Statutes, is amended to read:

  3         267.072  Museum of Florida History programs.--

  4         (1)  The division shall:

  5         (a)  establish and administer a museum store in the

  6  Museum of Florida History to provide information and materials

  7  relating to museum exhibits, collections, and programs to the

  8  public.  The store may produce, acquire, and sell craft

  9  products, replicas and reproductions of artifacts, documents,

10  and other merchandise relating to historical and cultural

11  resources and may make a reasonable charge for such

12  merchandise.  All proceeds received from sales must be

13  deposited into the Historical Resources Operating Trust Fund

14  or, funds in excess of the amount required to pay employees

15  involved in the direct management of the museum store, may be

16  deposited into a bank account of the a citizen support

17  organization created pursuant to s. 267.17 and may only be

18  used to support the programs of the Museum of Florida History.

19  The museum store may enter into agreements and accept

20  credit-card payments as compensation for goods and products

21  sold.  The division may establish accounts in credit-card

22  banks for the deposit of credit-card sales invoices and to pay

23  discounts and service charges in connection with the use of

24  credit cards.

25         (2)(b)  The division shall support the establishment

26  and operation of a nonprofit organization or association

27  established pursuant to s. 267.17 to promote and encourage

28  knowledge and appreciation of Florida history and the programs

29  of the Museum of Florida History and to cooperate with

30  historical societies and other organizations to provide

31  funding and promotional support for the programs of the

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  1  museum.  Such organization or association may, with the

  2  consent of the division, operate the museum store or conduct

  3  special events and programs in the museum.  All proceeds must

  4  be used to support the programs of the Museum of Florida

  5  History.

  6         (3)(c)  The division shall deposit gifts and donations

  7  for the purpose of assisting the Museum of Florida History and

  8  its programs in the Historical Resources Operating Trust Fund

  9  to be used exclusively for the benefit of programs of the

10  museum and in a manner consistent with any terms or conditions

11  agreed to by the division in accepting such gifts.

12         Section 10.  Paragraph (d) of subsection (1) of section

13  267.072, Florida Statutes, is renumbered as section 267.073,

14  Florida Statutes, and amended to read:

15         267.073 (d)  Great Floridians Program.--The division

16  shall establish and administer a program, to be entitled the

17  Great Floridians Program, which shall be designed to recognize

18  and record the achievements of Floridians, living and

19  deceased, who have made major contributions to the progress

20  and welfare of this state.

21         (1)1.  The division shall nominate present or former

22  citizens of this state, living or deceased, who during their

23  lives have made major contributions to the progress of the

24  nation or this state and its citizens. Nominations shall be

25  submitted to the Secretary of State who shall select from

26  those nominated not less than two persons each year who shall

27  be honored with the designation "Great Floridian," provided no

28  person whose contributions have been through elected or

29  appointed public service shall be selected while holding any

30  such office.

31  

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  1         (a)2.  To enhance public participation and involvement

  2  in the identification of any person worthy of being nominated

  3  as a Great Floridian, the division shall seek advice and

  4  assistance from persons qualified through the demonstration of

  5  special interest, experience, or education in the

  6  dissemination of knowledge about the state's history.

  7         (b)a.  In formulating its nominations, the division

  8  shall also seek the assistance of the Museum of Florida

  9  History Foundation, Inc., or its successor, acting in the

10  capacity as a citizen support organization of the division,

11  pursuant to s. 267.17 and approved to act on behalf of the

12  Museum of Florida History.

13         (c)b.  Annually, the division shall convene an ad hoc

14  committee composed of representatives of the Governor, each

15  member of the Florida Cabinet, the President of the Senate,

16  the Speaker of the House of Representatives, and the Museum of

17  Florida History Foundation, Inc. This committee shall meet at

18  least twice.  The committee shall nominate not fewer than two

19  persons whose names shall be submitted to the Secretary of

20  State with the recommendation that they be honored with the

21  designation "Great Floridian."

22         (2)3.  Upon designation of a person as a Great

23  Floridian by the Secretary of State, the division shall

24  undertake appropriate activities intended to achieve wide

25  public knowledge of the person designated.

26         (a)a.  The division may seek to initiate production of

27  a film or videotape depicting the life and contributions of

28  the designee to this state and to the nation.  If technology

29  surpasses the use of film or videotape, another medium of

30  equal quality may be used.

31  

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  1         1.(I)  In the production of such films, the division

  2  shall seek cooperation from local volunteers throughout the

  3  state and, in particular, shall seek fundraising and other

  4  assistance of the citizen support organization created

  5  pursuant to s. 267.17 to support the programs of the Museum of

  6  Florida History.

  7         2.(II)  The Museum of Florida History shall be the

  8  repository of the original negative, the original master tape,

  9  and all cuttings, of any film or videotape produced under the

10  authority of this paragraph.  The division also may exercise

11  the right of trademark over the terms "Great Floridian" or

12  "Great Floridians" pursuant to s. 286.031.

13         3.(III)  The division shall arrange for the

14  distribution of copies of all films to the general public,

15  public television stations, educational institutions, and

16  others and may establish a reasonable charge to recover costs

17  associated with production and to provide a source of revenue

18  to assist with reproduction, marketing, and distribution of

19  Great Floridians films. Proceeds from such charges shall be

20  deposited into the Historical Resources Operating Trust Fund.

21         (b)b.  Deceased persons designated as Great Floridians

22  typically shall be recognized by markers affixed to properties

23  significantly associated with the major contributions of the

24  designee.  Such markers shall be erected pursuant to the

25  provisions of s. 267.074 267.061(3)(n).

26         Section 11.  Section 267.074, Florida Statutes, is

27  created to read:

28         267.074  State Historical Marker Program.--The division

29  shall coordinate and direct the State Historical Marker

30  Program, which shall be a program of popular history and

31  heritage designed to inform the general public about persons,

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  1  events, structures, and other topics relating to the history

  2  and culture of the state; encourage interest in preserving the

  3  historical resources of the state and its localities; promote

  4  a sense of community and place among Florida citizens; and

  5  provide for the enjoyment and edification of tourists.

  6         (1)  The division shall encourage the initiation of

  7  proposals for Official Florida Historical Markers from

  8  departments or agencies of the state; units of county,

  9  municipal, or other local governments; corporations,

10  partnerships, or other organizations, whether public or

11  private and whether or not for profit; or any individual.

12  Markers may be installed to recognize historic properties, as

13  well as individuals, events, and other topics significant in

14  Florida or American history, architecture, archaeology, or

15  culture.

16         (2)  By means of appropriate variations in marker

17  design, the division shall distinguish the following

18  categories of Official Florida Historical Markers:

19         (a)  Florida Heritage Landmark markers, which shall be

20  used to identify and interpret Heritage Landmark properties.

21         (b)  State Historic Highway markers, which shall be

22  used to identify state historic highways, as provided in

23  general law.

24         (c)  Florida Heritage markers, which shall be used to

25  identify and interpret people, events, and places, including

26  buildings and archaeological sites, which do not meet the

27  criteria for a Florida Heritage Landmark, and other subjects

28  relating to Florida history and culture.

29         (d)  Other special series of markers which the division

30  may establish to facilitate guiding the general public to

31  places of historic interest and to facilitate identification

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  1  and interpretation of topics of statewide interest, including,

  2  but not limited to, historic and scenic trails, byways, and

  3  greenways and anniversaries or other occasions of special

  4  significance to the history and culture of Florida.

  5  

  6  The division may exercise the right of trademark over the

  7  terms "Florida Heritage" or "Heritage Florida" pursuant to s.

  8  286.031.

  9         (3)  The division shall establish and maintain a

10  central register of all markers installed in each category set

11  out in subsection (2).  In addition, the division shall

12  establish and maintain the Florida Register of Heritage

13  Landmarks, a central register of historic properties, which

14  generally shall consist of properties more than 50 years of

15  age deemed worthy of preservation for their exceptional

16  historical significance to the state as a whole or a region of

17  the state and their architectural or archaeological integrity.

18         (a)  The division shall adopt rules pursuant to ss.

19  120.536(1) and 120.54 that prescribe criteria and a process

20  for the identification, evaluation, and designation of

21  Heritage Landmark properties, as well as for withdrawal of

22  designation.

23         (b)  The division may waive the age requirement of 50

24  years for properties of overwhelming state or national

25  importance; however, it is the intent of the Legislature that

26  exceptions shall rarely be given.

27         (c)  The division shall undertake a program to identify

28  and nominate properties eligible for designation as Heritage

29  Landmarks.

30         (d)  Designation of private property as a Heritage

31  Landmark does not prohibit under Florida law or regulation any

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  1  actions which may otherwise be taken by the property owner

  2  with respect to the property.

  3         (4)  The division shall develop a comprehensive plan

  4  for the State Historical Marker Program which shall be kept up

  5  to date and shall incorporate goals and objectives of the

  6  program, as well as policies, plans, and procedures relating

  7  to:

  8         (a)  Categories of Official Florida Historical Markers,

  9  criteria for their use, and specifications for design.

10         (b)  Selection of subjects to be marked.

11         (c)  Published guides to Official Florida Historical

12  Markers, including methods for public distribution.

13         (d)  Maintenance of markers.

14         (e)  Removal or replacement of markers.

15         (f)  Placement of markers at historic sites which shall

16  be, in general, conspicuous and accessible to and easily

17  reached by the public and where something associated with the

18  person, historic property, event, or other subject being

19  marked is still visible.

20         (g)  Physical placement of the markers which shall be,

21  in general, conspicuous and easily reached by the public.

22         (5)(a)  The division is authorized and empowered to

23  erect and maintain appropriate signs or markers indicating

24  sites of historic interest and value upon public property as

25  well as upon private property where permission is obtained.

26         (b)  The Department of Transportation or the governing

27  body of each county or municipality is authorized to permit

28  and assist the division in erecting and maintaining said

29  historic signs or markers within the right-of-way of any state

30  highway, county road, or municipal street, or any other

31  property under its jurisdiction and control, under such

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  1  conditions and limitations as may be appropriate.  The

  2  division is hereby vested with the exclusive authority and

  3  power to erect and maintain said historic signs or markers

  4  within the right-of-way of any state highway.

  5         (6)  The division shall designate an approved marker as

  6  an Official Florida Historical Marker.  To ensure a degree of

  7  uniformity and quality of historical markers, monuments,

  8  plaques, medallions, and similar devices in this state, and to

  9  avoid any confusion with or misrepresentation of an Official

10  Florida Historical Marker, no such marker or reasonable

11  facsimile thereof may be fabricated with any emblem, design,

12  or logo signifying another organization.  No other emblem,

13  design, or marker size may be used in addition to or instead

14  of those offered by the division for an Official Florida

15  Historical Marker.  Emblems, designs, or logos offered by the

16  division are property of the state and may not be used for

17  commercial advertising or copied for the use of any other

18  agency, association, corporation, or individual without the

19  express consent and authorization of the division.

20         (7)  The division may establish a reasonable fee to

21  recover its costs arising from review of a proposal for a

22  historical marker, monument, plaque, medallion, or similar

23  device.  Any fee established shall be payable by the applicant

24  for the marker, monument, plaque, medallion, or similar

25  device.

26         (8)  Funds for the creation and placement of an

27  Official Florida Historical Marker shall be provided by the

28  agency, organization, individual, or other entity proposing

29  the marker.  The division may erect Official Florida

30  Historical Markers at its own expense and may make competitive

31  grants from the Historical Resources Operating Trust Fund,

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  1  pursuant to s. 267.0617, to assist in funding the costs of

  2  Official Florida Historical Markers.  All Official Florida

  3  Historical Markers shall be considered property of the state.

  4         (9)  The division shall seek cooperation from local

  5  volunteers throughout the state and, where appropriate, shall

  6  encourage the establishment of citizen support organizations,

  7  pursuant to s. 267.17, to assist in maintaining Official

  8  Florida Historical Markers and facilitating public access to

  9  places marked.

10         Section 12.  Section 267.0743, Florida Statutes, is

11  created to read:

12         267.0743  State Historical Marker Council.--In order to

13  enhance public participation and involvement in the

14  identification and interpretation of subjects relating to the

15  history and culture of Florida, there is created the "State

16  Historical Marker Council."

17         (1)  The council shall consist of three members who

18  represent different areas of the state, are appointed by the

19  Secretary of State, and are qualified through the

20  demonstration of special interest, experience, or education in

21  interpretation of the state's history and historical

22  properties.  Each member shall have professional training and

23  experience in one or more of the following fields: history,

24  historic preservation, architecture, architectural history, or

25  archaeology.

26         (2)  Members shall be appointed for 2-year terms,

27  except for an appointment to fill an unexpired term, in which

28  event the appointment shall be for the remainder of the

29  unexpired term only.  No person shall serve more than two

30  consecutive terms on the council.

31  

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  1         (3)  The director of the division or his or her

  2  designee shall serve without voting rights as secretary to the

  3  council.  The division shall provide necessary staff

  4  assistance to the council.

  5         (4)  The council shall meet at the request of the

  6  division or at the request of a majority of its membership to

  7  carry out its responsibilities, however, the council need not

  8  convene a meeting but may give advice by means of written or

  9  telephonic communication.  Members shall serve without pay,

10  but shall be entitled to reimbursement for their expenses in

11  carrying out their official duties, as provided in s. 112.061.

12         (5)  It shall be the responsibility of the council to

13  provide assistance, advice, and recommendations to the

14  division in evaluating proposals for Official Florida

15  Historical Markers and identifying goals for the State

16  Historical Marker Program.  The process of evaluation shall

17  seek to establish the significance of the subject proposed for

18  a marker, but neither the division nor the council shall make

19  proposal or evaluation requirements so complex or onerous as

20  to preclude private citizens from directly submitting

21  proposals without professional assistance.

22         Section 13.  Section 267.081, Florida Statutes, is

23  amended to read:

24         267.081  Publications.--

25         (1)  It is the duty of the division to:

26         (a)(1)  Promote and encourage the writing of Florida

27  history.

28         (b)(2)  Collect, edit, publish, and print pamphlets,

29  papers, manuscripts, documents, books, monographs, and other

30  materials relating to Florida history.  The division may

31  establish a reasonable charge for such publications.

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  1         (c)(3)  Cooperate with and coordinate research and

  2  publication activities of other agencies, organizations,

  3  historical commissions and societies, corporations, and

  4  individuals, which relate to historical matters.

  5         (d)(4)  Hold any moneys received from the sale of

  6  publications by the division in the operating trust fund of

  7  the division or in a separate depository account in the name

  8  of a citizen-support organization formed pursuant to s. 267.17

  9  and subject to the provision of a letter of agreement with the

10  division.

11         (2)  The division may exercise the right of trademark

12  and service mark over the terms "Florida History & the Arts"

13  or "Florida History and the Arts" pursuant to s. 286.031.

14         Section 14.  Section 267.115, Florida Statutes, is

15  created to read:

16         267.115  Objects of historical or archaeological

17  value.--The division shall acquire, maintain, preserve,

18  interpret, exhibit, and make available for study objects which

19  have intrinsic historical or archaeological value relating to

20  the history, government, or culture of the state. Such objects

21  may include tangible personal property of historical or

22  archaeological value.  Objects acquired under this section

23  belong to the state, and title to such objects is vested in

24  the division.

25         (1)  Notwithstanding s. 273.02, the division shall

26  maintain an adequate record of all objects in its custody

27  which have a historical or archaeological value.  Once each

28  year, on July 1 or as soon thereafter as practicable, the

29  division shall take a complete inventory of all such objects

30  in its custody the value or cost of which is $500 or more and

31  a sample inventory of such objects the value or cost of which

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  1  is less than $500.  Each inventory shall be compared with the

  2  property record, and all discrepancies shall be traced and

  3  reconciled.  Objects of historical or archaeological value are

  4  not required to be identified by marking or other physical

  5  alteration of the objects.

  6         (2)  The division may arrange for the temporary or

  7  permanent loan of any object which has historical or

  8  archaeological value in its custody.  Such loans shall be for

  9  the purpose of assisting historical, archaeological, or other

10  studies; providing objects relating to interpretive exhibits

11  and other educational programs which promote knowledge and

12  appreciation of Florida history and the programs of the

13  division; or assisting the division in carrying out its

14  responsibility to ensure proper curation of the objects.

15         (3)  The division may determine from time to time that

16  an object which is in its custody and which is owned by the

17  state has no further use or value for the research, exhibit,

18  or educational programs of the division, or that such an

19  object will receive more appropriate maintenance and

20  preservation by another agency, institution, or organization,

21  and may loan, exchange, sell, or otherwise transfer ownership

22  and custody of such object to another agency, institution, or

23  organization for the purpose of ensuring the continued

24  maintenance and preservation of such object, or for the

25  purpose of acquiring another object which better serves the

26  interests of the state and is more appropriate for promoting

27  knowledge and appreciation of Florida history and the programs

28  of the division.

29         (4)  For the purpose of the exchange, sale, or other

30  transfer of objects of historical or archaeological value, the

31  division is exempt from chapter 273.

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  1         (5)  All moneys received from the sale of an object

  2  which has historical or archaeological value pursuant to

  3  subsection (3) shall be deposited in the Historical Resources

  4  Operating Trust Fund and shall be used exclusively for the

  5  acquisition of additional historical and archaeological

  6  objects or the preservation and maintenance of any such

  7  objects in the custody of the division.

  8         (6)  The division shall adopt rules pursuant to ss.

  9  120.536(1) and 120.54 that prescribe criteria for the

10  inventory and for the loan, exchange, sale, transfer, or other

11  disposal of state-owned objects of historical or

12  archaeological value.

13         (7)  Any custodian as defined in s. 273.01(1) who

14  violates any provision of this section or any rule adopted

15  pursuant to this section commits a misdemeanor of the second

16  degree, punishable as provided in s. 775.082 or s. 775.083.

17         (8)  Notwithstanding any provision of s. 287.022 or s.

18  287.025(1)(e), the division may enter into contracts to insure

19  museum collections, artifacts, relics, and fine arts to which

20  it holds title.

21         (9)  The division may implement a program to administer

22  finds of isolated historic artifacts from state-owned river

23  bottoms whereby the division may transfer ownership of such

24  artifacts to the finder in exchange for information about the

25  artifacts and the circumstances and location of their

26  discovery.

27         Section 15.  Subsection (1) of section 267.13, Florida

28  Statutes, is amended, and subsection (4) is added to said

29  section to read:

30         267.13  Prohibited practices; penalties.--

31  

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  1         (1)(a)  Any person who by means other than excavation

  2  either conducts archaeological field investigations on, or

  3  removes or attempts to remove, or defaces, destroys, or

  4  otherwise alters any archaeological site or specimen located

  5  upon, any land owned or controlled by the state or within the

  6  boundaries of a designated state archaeological landmark or

  7  landmark zone, except in the course of activities pursued

  8  under the authority of a permit or under procedures relating

  9  to accredited institutions granted by the division, commits a

10  misdemeanor of the first degree, punishable as provided in s.

11  775.082 or s. 775.083, and, in addition, shall forfeit to the

12  state all specimens, objects, and materials collected,

13  together with all photographs and records relating to such

14  material.

15         (b)  Any person who by means of excavation either

16  conducts archaeological field investigations on, or removes or

17  attempts to remove, or defaces, destroys, or otherwise alters

18  any archaeological site or specimen located upon, any land

19  owned or controlled by the state or within the boundaries of a

20  designated state archaeological landmark or landmark zone,

21  except in the course of activities pursued under the authority

22  of a permit or under procedures relating to accredited

23  institutions granted by the division, commits a felony of the

24  third degree, punishable as provided in s. 775.082, s.

25  775.083, or s. 775.084, and any vehicle or equipment of any

26  person used in connection with the violation is subject to

27  forfeiture to the state if it is determined by any court of

28  law that the vehicle or equipment was involved in the

29  violation.  Such person shall forfeit to the state all

30  specimens, objects, and materials collected or excavated,

31  together with all photographs and records relating to such

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  1  material.  The court may also order the defendant to make

  2  restitution to the state for the archaeological or commercial

  3  value and cost of restoration and repair as defined in

  4  subsection (4) damage and the cost of restoring the affected

  5  resource as provided in s. 775.089.

  6         (c)  Any person who offers for sale or exchange any

  7  object with knowledge that it has previously been collected or

  8  excavated in violation of any of the terms of ss.

  9  267.11-267.14, or who procures, counsels, solicits, or employs

10  any other person to violate any prohibition contained in ss.

11  267.11-267.14 or to sell, purchase, exchange, transport,

12  receive, or offer to sell, purchase, or exchange any

13  archaeological resource excavated or removed from any land

14  owned or controlled by the state or within the boundaries of a

15  designated state archaeological landmark or landmark zone,

16  except with the express consent of the division, commits a

17  felony of the third degree, punishable as provided in s.

18  775.082, s. 775.083, or s. 775.084, and any vehicle or

19  equipment of any person used in connection with the violation

20  is subject to forfeiture to the state if it is determined by

21  any court of law that such vehicle or equipment was involved

22  in the violation.  All specimens, objects, and material

23  collected or excavated, together with all photographs and

24  records relating to such material, shall be forfeited to the

25  state.  The court may also order the defendant to make

26  restitution to the state for the archaeological or commercial

27  value and cost of restoration and repair as defined in

28  subsection (4) damage and the cost of restoring the affected

29  resource as provided in s. 775.089.

30         (4)  DETERMINATION OF ARCHAEOLOGICAL OR COMMERCIAL

31  VALUE AND COST OF RESTORATION AND REPAIR.--

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  1         (a)  Archaeological value.  For purposes of this

  2  section, the archaeological value of any archaeological

  3  resource involved in a violation of the prohibitions in ss.

  4  267.11-267.14 or conditions of a permit issued pursuant to ss.

  5  267.11-267.14 shall be the value of the data associated with

  6  the archaeological resource.  This value shall be appraised in

  7  terms of the costs of the retrieval of the scientific

  8  information which would have been obtainable prior to the

  9  violation.  These costs may include, but need not be limited

10  to, the cost of preparing a research design, conducting field

11  work, carrying out laboratory analysis, and preparing reports

12  as would be necessary to realize the information potential.

13         (b)  Commercial value.  For purposes of this section,

14  the commercial value of any archaeological resource involved

15  in a violation of the prohibitions in ss. 267.11-267.14 or

16  conditions of a permit issued pursuant ss. 267.11-267.14 shall

17  be its fair market value.  Where the violation has resulted in

18  damage to the archaeological resource, the fair market value

19  should be determined using the condition of the archaeological

20  resource prior to the violation, to the extent that its prior

21  condition can be ascertained.

22         (c)  Cost of restoration and repair.  For purposes of

23  this section, the cost of restoration and repair of

24  archaeological resources damaged as a result of a violation of

25  prohibitions or conditions pursuant to this section shall be

26  the sum of the costs already incurred for emergency

27  restoration or repair work, plus those costs projected to be

28  necessary to complete restoration and repair, which may

29  include, but need not be limited to, the costs of the

30  following:

31         1.  Reconstruction of the archaeological resource.

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  1         2.  Stabilization of the archaeological resource.

  2         3.  Ground contour reconstruction and surface

  3  stabilization.

  4         4.  Research necessary to carry out reconstruction or

  5  stabilization.

  6         5.  Physical barriers or other protective devices,

  7  necessitated by the disturbance of the archaeological

  8  resource, to protect it from further disturbance.

  9         6.  Examination and analysis of the archaeological

10  resource, including recording remaining archaeological

11  information, where necessitated by disturbance, in order to

12  salvage remaining values which cannot be otherwise conserved.

13         7.  Reinterment of human remains in accordance with

14  religious custom and state, local, or tribal law, where

15  appropriate, as determined by the land manager.

16         8.  Preparation of reports relating to any of the

17  activities described in this paragraph.

18         Section 16.  Section 267.14, Florida Statutes, is

19  amended to read:

20         267.14  Legislative intent.--It is hereby declared to

21  be the public policy of the state to preserve archaeological

22  sites and objects of antiquity for the public benefit and to

23  limit exploration, excavation, and collection of such matters

24  to qualified persons and educational institutions possessing

25  the requisite skills and purpose to add to the general store

26  of knowledge concerning history, archaeology, and

27  anthropology. It is further declared to be the public policy

28  of the state the declared intention of the Legislature that

29  field investigation activities on privately owned lands should

30  be discouraged except in accordance with both the provisions

31  and spirit of ss. 267.11-267.14; and persons having knowledge

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  1  of the location of archaeological sites are encouraged to

  2  communicate such information to the division.

  3         Section 17.  Effective July 1, 2001, section 267.173,

  4  Florida Statutes, is created to read:

  5         267.173  Historic preservation in West Florida; goals;

  6  contracts for historic preservation; powers and duties.--

  7         (1)  The goal for contracting with the University of

  8  West Florida is to ensure long-term preservation and

  9  interpretation of state-owned historic properties under the

10  jurisdiction of the Historic Pensacola Preservation Board of

11  Trustees while facilitating an educational program at the

12  University of West Florida that will be responsive to the

13  state's needs for professionals in historic preservation,

14  archaeology, cultural resource management, and museum

15  administration and will help meet needs of West Florida

16  communities through educational internships and practicums.

17         (2)  The Department of State shall contract with the

18  University of West Florida for the management of the various

19  state-owned properties managed by the Historic Pensacola

20  Preservation Board of Trustees prior to July 1, 2001.  The

21  contract shall provide that the University of West Florida

22  shall use all proceeds derived from the management of these

23  state-owned properties for the purpose of advancing historic

24  preservation.

25         (3)  The Department of State may transfer ownership and

26  responsibility to any artifacts, documents, equipment, and

27  other forms of tangible personal property to the University of

28  West Florida to assist the university in the transition of the

29  management of the state-owned properties.  All records,

30  personnel, property, other than real property held under lease

31  by the department from the Board of Trustees of the Internal

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  1  Improvement Trust Fund, and unexpended balances of

  2  appropriations, allocations, or other funds of the Historic

  3  Pensacola Board of Trustees shall be transferred to the

  4  University of West Florida to be used for its historic

  5  preservation activities and responsibilities as set forth in

  6  the contract with the Department of State. The transfer of

  7  segregated funds must be made in such a manner that the

  8  relation between program and revenue source as provided by law

  9  is retained.

10         (4)(a)  The University of West Florida is the governing

11  body for the management and maintenance of state-owned

12  properties contracted by this section and shall exercise those

13  powers delegated to it by contract as well as performing all

14  lawful acts necessary and convenient and incident to the

15  effectuating of its function and purpose under this section

16  and s. 267.1732.  The University of West Florida may contract

17  with its direct-support organization described in s. 267.1732

18  to perform all acts that are lawful and permitted for

19  not-for-profit corporations under chapter 617 in assisting the

20  university in carrying out its historic preservation and

21  historic preservation education responsibilities.

22         (b)  The university or its direct-support organization,

23  if permitted in its contract with the university, shall have

24  the power to engage in any lawful business or activity to

25  establish, maintain, and operate the state-owned facilities

26  and properties under contract with the Department of State,

27  including, but not limited to:

28         1.  The renting or leasing for revenue of any land,

29  improved or restored real estate, or personal property

30  directly related to carrying out the purposes for historic

31  preservation under terms and conditions of the contract with

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  1  the Department of State and deemed by the university to be in

  2  the best interest of the state.

  3         2.  The selling of craft products created through the

  4  operation and demonstration of historical museums, craft

  5  shops, and other facilities.

  6         3.  The limited selling of merchandise relating to the

  7  historical and antiquarian period of Pensacola and its

  8  surrounding territory and the historical period of West

  9  Florida from the Apalachicola River to the western boundaries

10  of the state.

11         (c)  The university or its direct-support organization,

12  if permitted in its contract with the university, shall have

13  the authority to:

14         1.  Enter into agreements to accept credit card

15  payments as compensation, and establish accounts in credit

16  card banks for the deposit of credit card sales invoices.

17         2.  Fix and collect charges for admission to any of the

18  state-owned facilities under contract with the Department of

19  State.

20         3.  Permit the acceptance of tour vouchers issued by

21  tour organizations or travel agents for payment of admissions.

22         4.  Adopt and enforce reasonable rules to govern the

23  conduct of the visiting public.

24         (5)  The Division of Historical Resources in the

25  Department of State may contract with the University of West

26  Florida to serve as the regional office for the West Florida

27  region of the state from the Apalachicola River to the western

28  boundaries of the state.  In lieu of the establishment of a

29  citizen support organization as required by s. 267.031(5)(m),

30  the University of West Florida may use an existing

31  direct-support organization of the university provided that

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  1  the membership of the direct-support organization is

  2  representative of the area of the state to be served and

  3  provides the needed expertise in the area of historic

  4  preservation.

  5         (6)  Notwithstanding the provisions of s. 287.057, the

  6  University of West Florida or its direct-support organization

  7  may enter into contracts or agreements with or without

  8  competitive bidding, in its discretion, for the protection or

  9  preservation of historic properties.

10         (7)  Notwithstanding s. 273.055, the University of West

11  Florida may exchange, sell, or otherwise transfer any

12  artifact, document, equipment and other form of tangible

13  personal property if its direct-support organization

14  recommends such exchange, sale, or transfer to the president

15  of the university and if it is determined that the object is

16  no longer appropriate for the purpose of advancing historic

17  preservation.

18         (8)  Notwithstanding any other provision of law, the

19  University of West Florida and its direct-support organization

20  are eligible to match state funds in the Trust Fund for Major

21  Gifts established pursuant to s. 240.2605.

22         Section 18.  Effective July 1, 2001, section 266.0018,

23  Florida Statutes, is renumbered as section 267.1732, Florida

24  Statutes, and amended to read:

25         267.1732 266.0018  Direct-support organization.--

26         (1)  The University of West Florida shall Historic

27  Pensacola Preservation Board of Trustees may authorize a

28  direct-support organization to assist the university board in

29  carrying out its dual historic preservation and historic

30  preservation education purposes and responsibilities for the

31  City of Pensacola, Escambia County, and West Florida by

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  1  raising money; submitting requests for and receiving grants

  2  from the Federal Government, the state or its political

  3  subdivisions, private foundations, and individuals; receiving,

  4  holding, investing, and administering property; and making

  5  expenditures to or for the benefit of the university board.

  6  The sole purpose for the direct-support organization is to

  7  support the historic preservation efforts and the historic

  8  preservation education programs and initiatives of the

  9  university board. Such a direct-support organization is an

10  organization that is:

11         (a)  Incorporated under the provisions of chapter 617

12  and approved by the Department of State department as a

13  Florida corporation not for profit;

14         (b)  Organized and operated to receive, hold, invest,

15  and administer property and to make expenditures to or for the

16  benefit of the university board; and

17         (c)  Approved by the university board and the

18  department to be operating for the benefit of and in a manner

19  consistent with the goals of the university the board and in

20  the best interest of the state.

21         (2)  The number of the board of directors of the

22  direct-support organization shall be determined by the

23  president of the university.  However, the current members of

24  the board of directors of the direct-support organization for

25  the Historic Pensacola Preservation Board of Trustees shall be

26  members of the board of directors of the direct-support

27  organization for the university for the duration of their

28  appointed terms.  Additional members or members to fill

29  vacancies shall be appointed by the president of the

30  university in consultation with the board of directors of the

31  direct-support organization. Membership on the board of

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  1  directors of the direct-support organization shall include the

  2  professional expertise to ensure the university meeting its

  3  dual purposes of historic preservation and historic

  4  preservation education to include, but not be limited to, a

  5  licensed architect who has expertise in historic preservation

  6  and architectural history, a professional historian in the

  7  field of American history, and a professional archaeologist.

  8  All board members must have demonstrated interest in the

  9  preservation of Florida's historical and archaeological

10  heritage.  Membership on the board of directors must be

11  representative of the areas of West Florida served by the

12  direct-support organization and the university in its

13  preservation efforts.  The president of the university, or the

14  president's designee, shall serve as a member of the board of

15  directors.

16         (3)(2)  The direct-support organization shall operate

17  under written contract with the university board.  The

18  contract must provide for:

19         (a)  Approval of the articles of incorporation and

20  bylaws of the direct-support organization by the university

21  board and the department.

22         (b)  Submission of an annual budget for the approval of

23  the university board. The budget must comply with rules

24  adopted by the university board.

25         (c)  Certification by the university board that the

26  direct-support organization is complying with the terms of the

27  contract and in a manner consistent with the historic

28  preservation goals and purposes of the university board and in

29  the best interest of the state. Such certification must be

30  made annually by the university and reported in the official

31  minutes of a meeting of the university board.

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  1         (d)  The reversion to the university board, or the

  2  state if the university board ceases to exist, of moneys and

  3  property held in trust by the direct-support organization for

  4  the benefit of the university board if the direct-support

  5  organization is no longer approved to operate for the

  6  university board, or the university board ceases to exist, and

  7  if such moneys and property were acquired after October 1,

  8  1986.

  9         (e)  The fiscal year of the direct-support

10  organization, which must begin July 1 of each year and end

11  June 30 of the following year.

12         (f)  The disclosure of material provisions of the

13  contract and the distinction between the University of West

14  Florida board of trustees and the direct-support organization

15  to donors of gifts, contributions, or bequests, as well as on

16  all promotional and fundraising publications.

17         (3)  The members of the direct-support organization's

18  board of directors must include members of the board of

19  trustees.

20         (4)  The university board may authorize a

21  direct-support organization to use its property (except

22  money), facilities, and personal services, subject to the

23  provisions of this section and s. 240.299.  A direct-support

24  organization that does not provide equal employment

25  opportunities to all persons regardless of race, color,

26  religion, sex, age, or national origin may not use the

27  property, facilities, or personal services of the university

28  board.  For the purposes of this subsection, the term

29  "personal services" includes full-time personnel and part-time

30  personnel as well as payroll processing.

31  

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  1         (5)  The university board shall establish policies and

  2  may adopt rules pursuant to s. 240.299 prescribing the

  3  procedures by which the direct-support organization is

  4  governed and any conditions with which a direct-support

  5  organization must comply to use property, facilities, or

  6  personal services of the university board.

  7         (6)  Any moneys may be held in a separate depository

  8  account in the name of the direct-support organization and

  9  subject to the provisions of the contract with the university

10  board. Such moneys may include lease income, admissions

11  income, membership fees, private donations, income derived

12  from fundraising activities, and grants applied for and

13  received by the direct-support organization.

14         (7)  The direct-support organization shall provide for

15  an annual financial and compliance audit of its financial

16  accounts and records by an independent certified public

17  accountant in accordance with generally accepted accounting

18  standards rules established by the board.  The annual audit

19  report must be submitted to the university board for review

20  and approval. The university, the Auditor General, and others

21  authorized in s. 240.299 shall have the authority to require

22  and receive from the direct-support organization, or from its

23  independent auditor, any detail or supplemental data relative

24  to the operation of the organization. Upon approval, the

25  university board shall certify the audit report to the Auditor

26  General for review.

27         (8)  The identity of a donor or prospective donor of

28  property to a direct-support organization who desires to

29  remain anonymous, and all information identifying such donor

30  or prospective donor, is confidential and exempt from the

31  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

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  1  Constitution; and that anonymity must be maintained in the

  2  auditor's report. The university and the Auditor General shall

  3  have access to all records of the direct-support organization

  4  at any time it is requested he or she so requests.

  5         (9)  Provisions governing direct-support organizations

  6  in s. 240.99 and not provided in this section shall apply to

  7  the direct-support organization.

  8         Section 19.  This act shall not affect the validity of

  9  any judicial or administrative action involving the Historic

10  Pensacola Preservation Board of Trustees pending as of July 1,

11  2001.  The Department of State shall be substituted as of that

12  date for the Historic Pensacola Preservation Board of Trustees

13  as a party in interest in any such pending action.

14         Section 20.  Paragraph (h) of subsection (2) of section

15  607.1901, Florida Statutes, is amended to read:

16         607.1901  Corporations Trust Fund creation; transfer of

17  funds.--

18         (2)

19         (h)  The division shall transfer from the trust fund to

20  the Historical Resources Operating Trust Fund, quarterly,

21  prorations transferring $1.5 million each fiscal year, to be

22  used as provided in s. 267.0619 267.072.

23         Section 21.  Paragraph (e) of subsection (2) of section

24  872.05, Florida Statutes, is amended to read:

25         872.05  Unmarked human burials.--

26         (2)  DEFINITIONS.--As used in this section:

27         (e)  "State Archaeologist" means the person employed by

28  the division pursuant to s. 267.031(6) 267.061(4).

29         Section 22.  Except as otherwise provided herein, this

30  act shall take effect January 1, 2002.

31  

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  1            *****************************************

  2                          HOUSE SUMMARY

  3  
      Repeals pt. I of chapter 266, F.S., to eliminate general
  4    provisions relating to historic preservation boards of
      trustees and the responsibilities of the Department of
  5    State with respect thereto.  Repeals various provisions
      of pt. II of chapter 266, F.S., to eliminate the Historic
  6    Pensacola Board of Trustees.

  7  
      Provides powers and duties of the Division of Historical
  8    Resources.  Provides for the establishment of historic
      preservation regional offices to assist the division in
  9    the delivery of historic preservation services to the
      counties and municipalities of the state.  Provides for
10    location of regional offices and requires the division to
      establish a citizen support organization for each
11    regional office.  Requires the division to establish and
      maintain a central inventory of historic properties.
12    Requires the employment of a state archaeologist, a State
      Historic Preservation Officer, and historic preservation
13    specialists.

14  
      Eliminates the Historic Preservation Advisory Council and
15    creates the Florida Historical Commission.  Provides
      powers and duties of the commission. Provides composition
16    of the commission.  Provides for initial membership and
      subsequent appointments, terms, organization, and
17    responsibilities of the commission.  Provides that
      specified members of the commission shall sit as
18    Florida's National Register Review Board.

19  
      Defines special category historic preservation
20    grants-in-aid and requires review of such grants by the
      commission.  Provides for review of other grants by grant
21    review panels.

22  
      Renumbers provisions relating to historical museum grants
23    and revises provisions with respect to grant application
      review to provide that grant review panels appointed by
24    the Secretary of State shall review grant applications
      and make recommendations for the award of grants.
25    Renumbers provisions relating to the Great Floridians
      Program.
26  

27    Recreates various provisions within ch. 267, F.S., that
      are repealed by the act, relating to the Historical
28    Marker Program, the State Historical Marker Council, and
      the authority of the Division of Historical Resources
29    with respect to objects of historical or archaeological
      value, as separate sections of ch. 267, F.S.
30  

31    Authorizes the division to exercise the right of
      trademark and service mark over specified terms. Revises
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  1    provisions with respect to restitution for the commission
      of prohibited practices under ch. 267, F.S., and defines
  2    value elements for purposes of determining restitution.
      Provides public policy of the state with respect to
  3    preservation of archaeological sites and objects of
      antiquity.
  4  

  5    Requires the Department of State to contract with the
      University of West Florida for management of various
  6    state-owned properties managed by the Historic Pensacola
      Preservation Board of Trustees prior to July 1, 2001.
  7    Provides contract goals. Requires specified use of
      proceeds from the management of such properties.
  8    Authorizes transfer and ownership of artifacts,
      documents, and properties to the university. Provides for
  9    transfer of records, property, personnel, and funds of
      the Historic Pensacola Board of Trustees to the
10    university. Specifies powers and duties of the
      university. Authorizes the university to contract with
11    its direct-support organization for specified purposes.
      Authorizes the Department of State to contract with the
12    university to serve as a regional office. Provides an
      exception to the requirement that the division establish
13    a separate direct-support organization for each regional
      office established, to authorize the university's
14    utilization of an existing direct-support organization in
      such capacity.
15  

16    Requires the authorization of a direct-support
      organization to assist the university in historic
17    preservation and historic preservation education purposes
      and responsibilities. Provides membership criteria and
18    provides for selection of members. Provides contract and
      other governance requirements of the organization.
19  

20    Provides for preservation of the validity of judicial or
      administrative actions involving the Historic Pensacola
21    Preservation Board of Trustees as of July 1, 2001.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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