House Bill hb1419e1

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                                      HB 1419, First Engrossed/ntc



  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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                                      HB 1419, First Engrossed/ntc



  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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                                      HB 1419, First Engrossed/ntc



  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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                                      HB 1419, First Engrossed/ntc



  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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                                      HB 1419, First Engrossed/ntc



  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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                                      HB 1419, First Engrossed/ntc



  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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                                      HB 1419, First Engrossed/ntc



  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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                                      HB 1419, First Engrossed/ntc



  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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                                      HB 1419, First Engrossed/ntc



  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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                                      HB 1419, First Engrossed/ntc



  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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                                      HB 1419, First Engrossed/ntc



  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.  Additionally these

  8  commission members shall serve as the legislative historic

  9  preservation advisory body to the speaker and the president

10  with respect to the collection and preservation of the

11  historic records of both houses of the Legislature. Commission

12  members appointed by the Governor shall be appointed to 4-year

13  terms.  Vacancies shall be filled for the remainder of the

14  term and by the original appointing authority.

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

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

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

18  commission shall select an assistant presiding officer from

19  its membership.

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

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

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

23  be entitled to reimbursement for their expenses in carrying

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

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

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

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

28  rights as secretary to the commission.  The division shall

29  provide necessary staff assistance to the commission.

30  

31  


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                                      HB 1419, First Engrossed/ntc



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

  2  to provide assistance, advice, and recommendations to the

  3  division in:

  4         (a)  Establishing priorities for the identification,

  5  acquisition, protection, and preservation of historic and

  6  archaeological sites and properties.

  7         (b)  Establishing criteria for use in assessing the

  8  significance of historic and archaeological sites and

  9  properties.

10         (c)  Evaluating proposals for awards of special

11  category historic preservation grants-in-aid administered by

12  the division.  Pursuant thereto, the commission shall review

13  and evaluate proposals for special category grants and shall

14  make recommendations, including a priority ranking, reflecting

15  such evaluation.  In making such evaluation and

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

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

18  compatibility with statewide historic preservation priorities,

19  and cost of each proposal for special category grant

20  assistance.

21         (d)  Providing an active outreach program to encourage

22  public understanding of and involvement in the preservation of

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

24         (e)  Identifying and expressing public goals for

25  historic preservation and gathering public ideas necessary for

26  the formulation of alternative policies.

27         (f)  Recommending rules relating to the historic

28  preservation programs administered by the division pursuant to

29  this chapter.

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

31  commission to provide such other assistance and advice to the


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                                      HB 1419, First Engrossed/ntc



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

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

  3  preservation of the state's historic and archaeological sites

  4  and properties.

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

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

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

  8  duties of that board established by the National Historic

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

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

11  assign another member of the Florida Historical Commission to

12  serve until the vacancy is filled.

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

14  267.0617, Florida Statutes, are amended to read:

15         267.0617  Historic Preservation Grant Program.--

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

17  preservation of historic properties shall be made from the

18  Historical Resources Operating Trust Fund and may be awarded

19  only pursuant to applications for such assistance made to the

20  Division of Historical Resources.  The Florida Historical

21  Commission Historic Preservation Advisory Council shall review

22  each application for a special category historic preservation

23  grant-in-aid.  Special category historic preservation

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

25  Secretary of State for submission for legislative funding

26  consideration.  Grant review panels appointed by the Secretary

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

28  Commission shall review each application for other historic

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

30  submit annually to the Secretary of State for approval lists

31  of all applications that are recommended by the reviewing body


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                                      HB 1419, First Engrossed/ntc



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

  2  priority.  The division may allocate grants only for projects

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

  4  Legislature.

  5         (5)  The Division of Historical Resources shall adopt

  6  rules prescribing the criteria to be applied by the Florida

  7  Historical Commission and the grant review panels Historic

  8  Preservation Advisory Council in recommending applications for

  9  the award of grants and rules providing for the administration

10  of the other provisions of this section.

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

12  Statutes, is amended to read:

13         267.062  Naming of state buildings and other

14  facilities.--

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

16  Florida Historical Commission appropriate citizens'

17  committees, recommend several persons whose contributions to

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

19  recommend that state buildings and facilities be named for

20  them.

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

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

23  and amended to read:

24         267.0619 (2)(a)  Historical Museum Grants.--The

25  division may conduct a program to provide:

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

27  Operating Trust Fund, including matching grants, to a

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

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

30  profit or nonprofit corporation, partnership, or other

31  organization to assist in the development of public


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                                      HB 1419, First Engrossed/ntc



  1  educational exhibits relating to the historical resources of

  2  Florida; and

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

  4  Trust Fund to Florida history museums that are not

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

  6  costs.

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

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

  9  history museum must fulfill the following criteria:

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

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

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

13  grant for that portion of the operating costs which is

14  reasonably attributable to its mission relating to the history

15  of Florida;

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

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

18  period immediately preceding the date upon which the museum

19  applies for the grant;

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

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

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

23  employed during the 2-year period immediately preceding the

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

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

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

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

28  museum.

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

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

31  shall adopt rules prescribing categories of grants,


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                                      HB 1419, First Engrossed/ntc



  1  application requirements, criteria and procedures for the

  2  review and evaluation of applications, and other procedures

  3  necessary for the administration of the program, subject to

  4  the requirements of this section. Grant review panels

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

  6  the Florida Historical Commission shall review each

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

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

  9  applications that are recommended by the panel for the award

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

11  provide opportunities for persons from different areas of the

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

13  are knowledgeable about the development and operation of

14  historical museums or historical exhibits for public education

15  to evaluate the applications and shall consider their

16  evaluations and recommendations in selecting the applicants

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

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

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

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

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

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

23  contribution to the grants program must be deposited into the

24  Historical Resources Operating Trust Fund. Money appropriated

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

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

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

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

29  acquiring, preserving, protecting, restoring, rehabilitating,

30  stabilizing, or excavating an archaeological or historic site

31  


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                                      HB 1419, First Engrossed/ntc



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

  2  activities.

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

  4  the Historical Resources Operating Trust Fund to history

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

  6  moneys are granted.

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

  8  Statutes, is amended to read:

  9         267.072  Museum of Florida History programs.--

10         (1)  The division shall:

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

12  Museum of Florida History to provide information and materials

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

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

15  products, replicas and reproductions of artifacts, documents,

16  and other merchandise relating to historical and cultural

17  resources and may make a reasonable charge for such

18  merchandise.  All proceeds received from sales must be

19  deposited into the Historical Resources Operating Trust Fund

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

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

22  deposited into a bank account of the a citizen support

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

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

25  The museum store may enter into agreements and accept

26  credit-card payments as compensation for goods and products

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

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

29  discounts and service charges in connection with the use of

30  credit cards.

31  


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                                      HB 1419, First Engrossed/ntc



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

  2  and operation of a nonprofit organization or association

  3  established pursuant to s. 267.17 to promote and encourage

  4  knowledge and appreciation of Florida history and the programs

  5  of the Museum of Florida History and to cooperate with

  6  historical societies and other organizations to provide

  7  funding and promotional support for the programs of the

  8  museum.  Such organization or association may, with the

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

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

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

12  History.

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

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

15  its programs in the Historical Resources Operating Trust Fund

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

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

18  agreed to by the division in accepting such gifts.

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

20  267.072, Florida Statutes, is renumbered as section 267.073,

21  Florida Statutes, and amended to read:

22         267.073 (d)  Great Floridians Program.--The division

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

24  Great Floridians Program, which shall be designed to recognize

25  and record the achievements of Floridians, living and

26  deceased, who have made major contributions to the progress

27  and welfare of this state.

28         (1)1.  The division shall nominate present or former

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

30  lives have made major contributions to the progress of the

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


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                                      HB 1419, First Engrossed/ntc



  1  submitted to the Secretary of State who shall select from

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

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

  4  person whose contributions have been through elected or

  5  appointed public service shall be selected while holding any

  6  such office.

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

  8  in the identification of any person worthy of being nominated

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

10  assistance from persons qualified through the demonstration of

11  special interest, experience, or education in the

12  dissemination of knowledge about the state's history.

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

14  shall also seek the assistance of the Museum of Florida

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

16  capacity as a citizen support organization of the division,

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

18  Museum of Florida History.

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

20  committee composed of representatives of the Governor, each

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

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

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

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

25  persons whose names shall be submitted to the Secretary of

26  State with the recommendation that they be honored with the

27  designation "Great Floridian."

28         (2)3.  Upon designation of a person as a Great

29  Floridian by the Secretary of State, the division shall

30  undertake appropriate activities intended to achieve wide

31  public knowledge of the person designated.


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                                      HB 1419, First Engrossed/ntc



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

  2  a film or videotape depicting the life and contributions of

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

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

  5  equal quality may be used.

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

  7  shall seek cooperation from local volunteers throughout the

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

  9  assistance of the citizen support organization created

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

11  Florida History.

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

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

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

15  authority of this paragraph.  The division also may exercise

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

17  "Great Floridians" pursuant to s. 286.031.

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

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

20  public television stations, educational institutions, and

21  others and may establish a reasonable charge to recover costs

22  associated with production and to provide a source of revenue

23  to assist with reproduction, marketing, and distribution of

24  Great Floridians films. Proceeds from such charges shall be

25  deposited into the Historical Resources Operating Trust Fund.

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

27  typically shall be recognized by markers affixed to properties

28  significantly associated with the major contributions of the

29  designee.  Such markers shall be erected pursuant to the

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

31  


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                                      HB 1419, First Engrossed/ntc



  1         Section 11.  Section 267.074, Florida Statutes, is

  2  created to read:

  3         267.074  State Historical Marker Program.--The division

  4  shall coordinate and direct the State Historical Marker

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

  6  heritage designed to inform the general public about persons,

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

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

  9  historical resources of the state and its localities; promote

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

11  provide for the enjoyment and edification of tourists.

12         (1)  The division shall encourage the initiation of

13  proposals for Official Florida Historical Markers from

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

15  municipal, or other local governments; corporations,

16  partnerships, or other organizations, whether public or

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

18  Markers may be installed to recognize historic properties, as

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

20  Florida or American history, architecture, archaeology, or

21  culture.

22         (2)  By means of appropriate variations in marker

23  design, the division shall distinguish the following

24  categories of Official Florida Historical Markers:

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

26  used to identify and interpret Heritage Landmark properties.

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

28  used to identify state historic highways, as provided in

29  general law.

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

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


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                                      HB 1419, First Engrossed/ntc



  1  buildings and archaeological sites, which do not meet the

  2  criteria for a Florida Heritage Landmark, and other subjects

  3  relating to Florida history and culture.

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

  5  may establish to facilitate guiding the general public to

  6  places of historic interest and to facilitate identification

  7  and interpretation of topics of statewide interest, including,

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

  9  greenways and anniversaries or other occasions of special

10  significance to the history and culture of Florida.

11  

12  The division may exercise the right of trademark over the

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

14  286.031.

15         (3)  The division shall establish and maintain a

16  central register of all markers installed in each category set

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

18  establish and maintain the Florida Register of Heritage

19  Landmarks, a central register of historic properties, which

20  generally shall consist of properties more than 50 years of

21  age deemed worthy of preservation for their exceptional

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

23  the state and their architectural or archaeological integrity.

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

25  120.536(1) and 120.54 that prescribe criteria and a process

26  for the identification, evaluation, and designation of

27  Heritage Landmark properties, as well as for withdrawal of

28  designation.

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

30  years for properties of overwhelming state or national

31  


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                                      HB 1419, First Engrossed/ntc



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

  2  exceptions shall rarely be given.

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

  4  and nominate properties eligible for designation as Heritage

  5  Landmarks.

  6         (d)  Designation of private property as a Heritage

  7  Landmark does not prohibit under Florida law or regulation any

  8  actions which may otherwise be taken by the property owner

  9  with respect to the property.

10         (4)  The division shall develop a comprehensive plan

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

12  to date and shall incorporate goals and objectives of the

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

14  to:

15         (a)  Categories of Official Florida Historical Markers,

16  criteria for their use, and specifications for design.

17         (b)  Selection of subjects to be marked.

18         (c)  Published guides to Official Florida Historical

19  Markers, including methods for public distribution.

20         (d)  Maintenance of markers.

21         (e)  Removal or replacement of markers.

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

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

24  reached by the public and where something associated with the

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

26  marked is still visible.

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

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

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

30  erect and maintain appropriate signs or markers indicating

31  


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                                      HB 1419, First Engrossed/ntc



  1  sites of historic interest and value upon public property as

  2  well as upon private property where permission is obtained.

  3         (b)  The Department of Transportation or the governing

  4  body of each county or municipality is authorized to permit

  5  and assist the division in erecting and maintaining said

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

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

  8  property under its jurisdiction and control, under such

  9  conditions and limitations as may be appropriate.  The

10  division is hereby vested with the exclusive authority and

11  power to erect and maintain said historic signs or markers

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

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

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

15  uniformity and quality of historical markers, monuments,

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

17  avoid any confusion with or misrepresentation of an Official

18  Florida Historical Marker, no such marker or reasonable

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

20  or logo signifying another organization.  No other emblem,

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

22  of those offered by the division for an Official Florida

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

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

25  commercial advertising or copied for the use of any other

26  agency, association, corporation, or individual without the

27  express consent and authorization of the division.

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

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

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

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


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                                      HB 1419, First Engrossed/ntc



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

  2  device.

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

  4  Official Florida Historical Marker shall be provided by the

  5  agency, organization, individual, or other entity proposing

  6  the marker.  The division may erect Official Florida

  7  Historical Markers at its own expense and may make competitive

  8  grants from the Historical Resources Operating Trust Fund,

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

10  Official Florida Historical Markers.  All Official Florida

11  Historical Markers shall be considered property of the state.

12         (9)  The division shall seek cooperation from local

13  volunteers throughout the state and, where appropriate, shall

14  encourage the establishment of citizen support organizations,

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

16  Florida Historical Markers and facilitating public access to

17  places marked.

18         Section 12.  Section 267.0743, Florida Statutes, is

19  created to read:

20         267.0743  State Historical Marker Council.--In order to

21  enhance public participation and involvement in the

22  identification and interpretation of subjects relating to the

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

24  Historical Marker Council."

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

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

27  Secretary of State, and are qualified through the

28  demonstration of special interest, experience, or education in

29  interpretation of the state's history and historical

30  properties.  Each member shall have professional training and

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


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                                      HB 1419, First Engrossed/ntc



  1  historic preservation, architecture, architectural history, or

  2  archaeology.

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

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

  5  event the appointment shall be for the remainder of the

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

  7  consecutive terms on the council.

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

  9  designee shall serve without voting rights as secretary to the

10  council.  The division shall provide necessary staff

11  assistance to the council.

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

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

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

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

16  telephonic communication.  Members shall serve without pay,

17  but shall be entitled to reimbursement for their expenses in

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

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

20  provide assistance, advice, and recommendations to the

21  division in evaluating proposals for Official Florida

22  Historical Markers and identifying goals for the State

23  Historical Marker Program.  The process of evaluation shall

24  seek to establish the significance of the subject proposed for

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

26  proposal or evaluation requirements so complex or onerous as

27  to preclude private citizens from directly submitting

28  proposals without professional assistance.

29         Section 13.  Section 267.081, Florida Statutes, is

30  amended to read:

31         267.081  Publications.--


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                                      HB 1419, First Engrossed/ntc



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

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

  3  history.

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

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

  6  materials relating to Florida history.  The division may

  7  establish a reasonable charge for such publications.

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

  9  publication activities of other agencies, organizations,

10  historical commissions and societies, corporations, and

11  individuals, which relate to historical matters.

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

13  publications by the division in the operating trust fund of

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

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

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

17  division.

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

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

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

21         Section 14.  Section 267.115, Florida Statutes, is

22  created to read:

23         267.115  Objects of historical or archaeological

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

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

26  have intrinsic historical or archaeological value relating to

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

28  may include tangible personal property of historical or

29  archaeological value.  Objects acquired under this section

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

31  the division.


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                                      HB 1419, First Engrossed/ntc



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

  2  maintain an adequate record of all objects in its custody

  3  which have a historical or archaeological value.  Once each

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

  5  division shall take a complete inventory of all such objects

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

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

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

  9  property record, and all discrepancies shall be traced and

10  reconciled.  Objects of historical or archaeological value are

11  not required to be identified by marking or other physical

12  alteration of the objects.

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

14  permanent loan of any object which has historical or

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

16  the purpose of assisting historical, archaeological, or other

17  studies; providing objects relating to interpretive exhibits

18  and other educational programs which promote knowledge and

19  appreciation of Florida history and the programs of the

20  division; or assisting the division in carrying out its

21  responsibility to ensure proper curation of the objects.

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

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

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

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

26  object will receive more appropriate maintenance and

27  preservation by another agency, institution, or organization,

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

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

30  organization for the purpose of ensuring the continued

31  maintenance and preservation of such object, or for the


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                                      HB 1419, First Engrossed/ntc



  1  purpose of acquiring another object which better serves the

  2  interests of the state and is more appropriate for promoting

  3  knowledge and appreciation of Florida history and the programs

  4  of the division.

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

  6  transfer of objects of historical or archaeological value, the

  7  division is exempt from chapter 273.

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

  9  which has historical or archaeological value pursuant to

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

11  Operating Trust Fund and shall be used exclusively for the

12  acquisition of additional historical and archaeological

13  objects or the preservation and maintenance of any such

14  objects in the custody of the division.

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

16  120.536(1) and 120.54 that prescribe criteria for the

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

18  disposal of state-owned objects of historical or

19  archaeological value.

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

21  violates any provision of this section or any rule adopted

22  pursuant to this section commits a misdemeanor of the second

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

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

25  287.025(1)(e), the division may enter into contracts to insure

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

27  it holds title.

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

29  finds of isolated historic artifacts from state-owned river

30  bottoms whereby the division may transfer ownership of such

31  artifacts to the finder in exchange for information about the


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                                      HB 1419, First Engrossed/ntc



  1  artifacts and the circumstances and location of their

  2  discovery.

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

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

  5  section to read:

  6         267.13  Prohibited practices; penalties.--

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

  8  either conducts archaeological field investigations on, or

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

10  otherwise alters any archaeological site or specimen located

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

12  boundaries of a designated state archaeological landmark or

13  landmark zone, except in the course of activities pursued

14  under the authority of a permit or under procedures relating

15  to accredited institutions granted by the division, commits a

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

17  775.082 or s. 775.083, and, in addition, shall forfeit to the

18  state all specimens, objects, and materials collected,

19  together with all photographs and records relating to such

20  material.

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

22  conducts archaeological field investigations on, or removes or

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

24  any archaeological site or specimen located upon, any land

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

26  designated state archaeological landmark or landmark zone,

27  except in the course of activities pursued under the authority

28  of a permit or under procedures relating to accredited

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

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

31  775.083, or s. 775.084, and any vehicle or equipment of any


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                                      HB 1419, First Engrossed/ntc



  1  person used in connection with the violation is subject to

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

  3  law that the vehicle or equipment was involved in the

  4  violation.  Such person shall forfeit to the state all

  5  specimens, objects, and materials collected or excavated,

  6  together with all photographs and records relating to such

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

  8  restitution to the state for the archaeological or commercial

  9  value and cost of restoration and repair as defined in

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

11  resource as provided in s. 775.089.

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

13  object with knowledge that it has previously been collected or

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

15  267.11-267.14, or who procures, counsels, solicits, or employs

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

17  267.11-267.14 or to sell, purchase, exchange, transport,

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

19  archaeological resource excavated or removed from any land

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

21  designated state archaeological landmark or landmark zone,

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

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

24  775.082, s. 775.083, or s. 775.084, and any vehicle or

25  equipment of any person used in connection with the violation

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

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

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

29  collected or excavated, together with all photographs and

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

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


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                                      HB 1419, First Engrossed/ntc



  1  restitution to the state for the archaeological or commercial

  2  value and cost of restoration and repair as defined in

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

  4  resource as provided in s. 775.089.

  5         (4)  DETERMINATION OF ARCHAEOLOGICAL OR COMMERCIAL

  6  VALUE AND COST OF RESTORATION AND REPAIR.--

  7         (a)  Archaeological value.  For purposes of this

  8  section, the archaeological value of any archaeological

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

10  267.11-267.14 or conditions of a permit issued pursuant to ss.

11  267.11-267.14 shall be the value of the data associated with

12  the archaeological resource.  This value shall be appraised in

13  terms of the costs of the retrieval of the scientific

14  information which would have been obtainable prior to the

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

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

17  work, carrying out laboratory analysis, and preparing reports

18  as would be necessary to realize the information potential.

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

20  the commercial value of any archaeological resource involved

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

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

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

24  damage to the archaeological resource, the fair market value

25  should be determined using the condition of the archaeological

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

27  condition can be ascertained.

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

29  this section, the cost of restoration and repair of

30  archaeological resources damaged as a result of a violation of

31  prohibitions or conditions pursuant to this section shall be


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                                      HB 1419, First Engrossed/ntc



  1  the sum of the costs already incurred for emergency

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

  3  necessary to complete restoration and repair, which may

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

  5  following:

  6         1.  Reconstruction of the archaeological resource.

  7         2.  Stabilization of the archaeological resource.

  8         3.  Ground contour reconstruction and surface

  9  stabilization.

10         4.  Research necessary to carry out reconstruction or

11  stabilization.

12         5.  Physical barriers or other protective devices,

13  necessitated by the disturbance of the archaeological

14  resource, to protect it from further disturbance.

15         6.  Examination and analysis of the archaeological

16  resource, including recording remaining archaeological

17  information, where necessitated by disturbance, in order to

18  salvage remaining values which cannot be otherwise conserved.

19         7.  Reinterment of human remains in accordance with

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

21  appropriate, as determined by the land manager.

22         8.  Preparation of reports relating to any of the

23  activities described in this paragraph.

24         Section 16.  Section 267.14, Florida Statutes, is

25  amended to read:

26         267.14  Legislative intent.--It is hereby declared to

27  be the public policy of the state to preserve archaeological

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

29  limit exploration, excavation, and collection of such matters

30  to qualified persons and educational institutions possessing

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


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                                      HB 1419, First Engrossed/ntc



  1  of knowledge concerning history, archaeology, and

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

  3  of the state the declared intention of the Legislature that

  4  field investigation activities on privately owned lands should

  5  be discouraged except in accordance with both the provisions

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

  7  of the location of archaeological sites are encouraged to

  8  communicate such information to the division.

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

10  Florida Statutes, is created to read:

11         267.173  Historic preservation in West Florida; goals;

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

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

14  West Florida is to ensure long-term preservation and

15  interpretation of state-owned historic properties under the

16  jurisdiction of the Historic Pensacola Preservation Board of

17  Trustees while facilitating an educational program at the

18  University of West Florida that will be responsive to the

19  state's needs for professionals in historic preservation,

20  archaeology, cultural resource management, and museum

21  administration and will help meet needs of West Florida

22  communities through educational internships and practicums.

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

24  University of West Florida for the management of the various

25  state-owned properties managed by the Historic Pensacola

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

27  contract shall provide that the University of West Florida

28  shall use all proceeds derived from the management of these

29  state-owned properties for the purpose of advancing historic

30  preservation.

31  


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                                      HB 1419, First Engrossed/ntc



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

  2  responsibility to any artifacts, documents, equipment, and

  3  other forms of tangible personal property to the University of

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

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

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

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

  8  Improvement Trust Fund, and unexpended balances of

  9  appropriations, allocations, or other funds of the Historic

10  Pensacola Board of Trustees shall be transferred to the

11  University of West Florida to be used for its historic

12  preservation activities and responsibilities as set forth in

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

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

15  relation between program and revenue source as provided by law

16  is retained.

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

18  body for the management and maintenance of state-owned

19  properties contracted by this section and shall exercise those

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

21  lawful acts necessary and convenient and incident to the

22  effectuating of its function and purpose under this section

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

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

25  to perform all acts that are lawful and permitted for

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

27  university in carrying out its historic preservation and

28  historic preservation education responsibilities.

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

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

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


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                                      HB 1419, First Engrossed/ntc



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

  2  and properties under contract with the Department of State,

  3  including, but not limited to:

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

  5  improved or restored real estate, or personal property

  6  directly related to carrying out the purposes for historic

  7  preservation under terms and conditions of the contract with

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

  9  the best interest of the state.

10         2.  The selling of craft products created through the

11  operation and demonstration of historical museums, craft

12  shops, and other facilities.

13         3.  The limited selling of merchandise relating to the

14  historical and antiquarian period of Pensacola and its

15  surrounding territory and the historical period of West

16  Florida from the Apalachicola River to the western boundaries

17  of the state.

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

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

20  the authority to:

21         1.  Enter into agreements to accept credit card

22  payments as compensation, and establish accounts in credit

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

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

25  state-owned facilities under contract with the Department of

26  State.

27         3.  Permit the acceptance of tour vouchers issued by

28  tour organizations or travel agents for payment of admissions.

29         4.  Adopt and enforce reasonable rules to govern the

30  conduct of the visiting public.

31  


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                                      HB 1419, First Engrossed/ntc



  1         (5)  The Division of Historical Resources in the

  2  Department of State may contract with the University of West

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

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

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

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

  7  the University of West Florida may use an existing

  8  direct-support organization of the university provided that

  9  the membership of the direct-support organization is

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

11  provides the needed expertise in the area of historic

12  preservation.

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

14  University of West Florida or its direct-support organization

15  may enter into contracts or agreements with or without

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

17  preservation of historic properties.

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

19  Florida may exchange, sell, or otherwise transfer any

20  artifact, document, equipment and other form of tangible

21  personal property if its direct-support organization

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

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

24  no longer appropriate for the purpose of advancing historic

25  preservation.

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

27  University of West Florida and its direct-support organization

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

29  Gifts established pursuant to s. 240.2605.

30  

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                                      HB 1419, First Engrossed/ntc



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

  2  Florida Statutes, is renumbered as section 267.1732, Florida

  3  Statutes, and amended to read:

  4         267.1732 266.0018  Direct-support organization.--

  5         (1)  The University of West Florida shall Historic

  6  Pensacola Preservation Board of Trustees may authorize a

  7  direct-support organization to assist the university board in

  8  carrying out its dual historic preservation and historic

  9  preservation education purposes and responsibilities for the

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

11  raising money; submitting requests for and receiving grants

12  from the Federal Government, the state or its political

13  subdivisions, private foundations, and individuals; receiving,

14  holding, investing, and administering property; and making

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

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

17  support the historic preservation efforts and the historic

18  preservation education programs and initiatives of the

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

20  organization that is:

21         (a)  Incorporated under the provisions of chapter 617

22  and approved by the Department of State department as a

23  Florida corporation not for profit;

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

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

26  benefit of the university board; and

27         (c)  Approved by the university board and the

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

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

30  the best interest of the state.

31  


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                                      HB 1419, First Engrossed/ntc



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

  2  direct-support organization shall be determined by the

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

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

  5  the Historic Pensacola Preservation Board of Trustees shall be

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

  7  organization for the university for the duration of their

  8  appointed terms.  Additional members or members to fill

  9  vacancies shall be appointed by the president of the

10  university in consultation with the board of directors of the

11  direct-support organization. Membership on the board of

12  directors of the direct-support organization shall include the

13  professional expertise to ensure the university meeting its

14  dual purposes of historic preservation and historic

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

16  licensed architect who has expertise in historic preservation

17  and architectural history, a professional historian in the

18  field of American history, and a professional archaeologist.

19  All board members must have demonstrated interest in the

20  preservation of Florida's historical and archaeological

21  heritage.  Membership on the board of directors must be

22  representative of the areas of West Florida served by the

23  direct-support organization and the university in its

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

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

26  directors.

27         (3)(2)  The direct-support organization shall operate

28  under written contract with the university board.  The

29  contract must provide for:

30  

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                                      HB 1419, First Engrossed/ntc



  1         (a)  Approval of the articles of incorporation and

  2  bylaws of the direct-support organization by the university

  3  board and the department.

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

  5  the university board. The budget must comply with rules

  6  adopted by the university board.

  7         (c)  Certification by the university board that the

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

  9  contract and in a manner consistent with the historic

10  preservation goals and purposes of the university board and in

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

12  made annually by the university and reported in the official

13  minutes of a meeting of the university board.

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

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

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

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

18  organization is no longer approved to operate for the

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

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

21  1986.

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

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

24  June 30 of the following year.

25         (f)  The disclosure of material provisions of the

26  contract and the distinction between the University of West

27  Florida board of trustees and the direct-support organization

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

29  all promotional and fundraising publications.

30  

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                                      HB 1419, First Engrossed/ntc



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

  2  board of directors must include members of the board of

  3  trustees.

  4         (4)  The university board may authorize a

  5  direct-support organization to use its property (except

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

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

  8  organization that does not provide equal employment

  9  opportunities to all persons regardless of race, color,

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

11  property, facilities, or personal services of the university

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

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

14  personnel as well as payroll processing.

15         (5)  The university board shall establish policies and

16  may adopt rules pursuant to s. 240.299 prescribing the

17  procedures by which the direct-support organization is

18  governed and any conditions with which a direct-support

19  organization must comply to use property, facilities, or

20  personal services of the university board.

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

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

23  subject to the provisions of the contract with the university

24  board. Such moneys may include lease income, admissions

25  income, membership fees, private donations, income derived

26  from fundraising activities, and grants applied for and

27  received by the direct-support organization.

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

29  an annual financial and compliance audit of its financial

30  accounts and records by an independent certified public

31  accountant in accordance with generally accepted accounting


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                                      HB 1419, First Engrossed/ntc



  1  standards rules established by the board.  The annual audit

  2  report must be submitted to the university board for review

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

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

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

  6  independent auditor, any detail or supplemental data relative

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

  8  university board shall certify the audit report to the Auditor

  9  General for review.

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

11  property to a direct-support organization who desires to

12  remain anonymous, and all information identifying such donor

13  or prospective donor, is confidential and exempt from the

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

15  Constitution; and that anonymity must be maintained in the

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

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

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

19         (9)  Provisions governing direct-support organizations

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

21  the direct-support organization.

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

23  any judicial or administrative action involving the Historic

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

25  2001.  The Department of State shall be substituted as of that

26  date for the Historic Pensacola Preservation Board of Trustees

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

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

29  607.1901, Florida Statutes, is amended to read:

30         607.1901  Corporations Trust Fund creation; transfer of

31  funds.--


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                                      HB 1419, First Engrossed/ntc



  1         (2)

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

  3  the Historical Resources Operating Trust Fund, quarterly,

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

  5  used as provided in s. 267.0619 267.072.

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

  7  872.05, Florida Statutes, is amended to read:

  8         872.05  Unmarked human burials.--

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

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

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

12         Section 22.  Except as otherwise provided herein, this

13  act shall take effect January 1, 2002.

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