Senate Bill sb2114
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Florida Senate - 2001 SB 2114
By Senator Clary
7-1076-01 See HB
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, 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.; conforming 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,
1
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Florida Senate - 2001 SB 2114
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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
18 cross-references; amending s. 267.062, F.S.;
19 correcting a cross-reference; creating s.
20 267.0619, F.S.; revising provisions with
21 respect to grant application review; amending
22 s. 267.072, F.S.; revising provisions relating
23 to the Museum of Florida History Programs;
24 creating s. 267.073, F.S.; revising provisions
25 relating to the Great Floridians program;
26 creating s. 267.074, F.S.; requiring the
27 Division of Historical Resources to coordinate
28 and direct the Historical Marker Program;
29 delineating program responsibilities; providing
30 classification of markers; requiring the
31 division to establish a central register of
2
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Florida Senate - 2001 SB 2114
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1 markers and to establish and maintain the
2 Florida Register of Heritage Landmarks;
3 requiring rules; requiring a comprehensive
4 plan; providing for the establishment of fees;
5 specifying funding sources for markers;
6 creating s. 267.0743, F.S.; creating the State
7 Historical Marker Council; providing for
8 membership, meetings, organization, and
9 responsibilities of the council; amending s.
10 267.081, F.S.; authorizing the division to
11 exercise the right of trademark and service
12 mark over specified terms; creating s. 267.115,
13 F.S.; providing division authority and
14 responsibilities pertaining to objects of
15 historical or archaeological value; requiring
16 maintenance of records; providing for loan,
17 sale, exchange, or other disposition of objects
18 under certain circumstances; providing for
19 disposition of funds; providing for rules;
20 providing a penalty; providing for contracts;
21 allowing program for administering finds of
22 artifacts in state-owned river bottoms;
23 amending s. 267.13, F.S.; revising provisions
24 with respect to restitution for the commission
25 of practices prohibited under ch. 267, F.S.;
26 defining value elements for purposes of
27 determining restitution; amending s. 267.14,
28 F.S.; providing public policy declarations;
29 creating s. 267.173, F.S.; requiring the
30 Department of State to contract with the
31 University of West Florida for management of
3
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Florida Senate - 2001 SB 2114
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1 certain state-owned properties; providing
2 contract goals; requiring use of proceeds
3 derived from the management of such properties;
4 authorizing transfer and ownership of certain
5 artifacts, documents, and properties to the
6 university; providing for transfer of records,
7 property, personnel, and funds of the Historic
8 Pensacola Board of Trustees to the university;
9 specifying certain powers and duties of the
10 University of West Florida; providing that the
11 university may contract with its direct-support
12 organization to perform all acts necessary to
13 assist the university in carrying out its
14 historic preservation and historic education
15 responsibilities; delineating certain powers;
16 authorizing the Department of State to contract
17 with the University of West Florida to serve as
18 a regional office; providing an exception to
19 the requirement for a separate direct-support
20 organization for regional offices;
21 transferring, renumbering, and amending s.
22 266.0018, F.S.; requiring the authorization of
23 a direct-support organization to assist the
24 University of West Florida in historic
25 preservation and historic preservation
26 education purposes and responsibilities;
27 conforming references; providing membership
28 criteria and selection; delineating contract
29 and other governance requirements; providing
30 for preservation of validity of judicial or
31 administrative actions involving the Historic
4
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Florida Senate - 2001 SB 2114
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1 Pensacola Preservation Board of Trustees;
2 amending ss. 607.1901, 872.05, F.S.; conforming
3 cross-references; providing effective dates.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Effective July 1, 2001, part I of chapter
8 266, Florida Statutes, consisting of section 266.00001,
9 Florida Statutes, is repealed.
10 Section 2. Effective July 1, 2001, sections 266.0011,
11 266.0012, 266.0013, 266.0014, 266.0015, 266.00155, 266.0016,
12 and 266.0017, Florida Statutes, are repealed.
13 Section 3. Subsections (5), (6), and (7) are added to
14 section 267.031, Florida Statutes, to read:
15 267.031 Division of Historical Resources.--
16 (5) It is the responsibility of the division to:
17 (a) Cooperate with federal and state agencies, local
18 governments, and private organizations and individuals to
19 direct and conduct a comprehensive statewide survey of
20 historic resources and to maintain an inventory of such
21 resources.
22 (b) Develop a comprehensive statewide historic
23 preservation plan.
24 (c) Identify and nominate through the State Historic
25 Preservation Officer eligible properties to the National
26 Register of Historic Places and otherwise administer
27 applications for listing historic properties in the National
28 Register.
29 (d) Cooperate with federal and state agencies, local
30 governments, and organizations and individuals to ensure that
31
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Florida Senate - 2001 SB 2114
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1 historic resources are taken into consideration at all levels
2 of planning and development.
3 (e) Advise and assist, as appropriate, federal and
4 state agencies and local governments in carrying out their
5 historic preservation responsibilities and programs.
6 (f) Provide public information, education, and
7 technical assistance relating to historic preservation
8 programs.
9 (g) Cooperate with local governments and organizations
10 and individuals in the development of local historic
11 preservation programs, including the Main Street Program of
12 the National Trust for Historic Preservation, or any similar
13 programs that may be developed by the division.
14 (h) Carry out on behalf of the state the programs of
15 the National Historic Preservation Act of 1966, as amended,
16 and to establish, maintain, and administer a state historic
17 preservation program meeting the requirements of an approved
18 program and fulfilling the responsibilities of state historic
19 preservation programs as provided in subsection 101(b) of that
20 act.
21 (i) Take such other actions necessary or appropriate
22 to locate, acquire, protect, preserve, operate, interpret, and
23 promote the location, acquisition, protection, preservation,
24 operation, and interpretation of historic resources to foster
25 an appreciation of Florida history and culture. Prior to the
26 acquisition, preservation, interpretation, or operation of a
27 historic property by a state agency, the division shall be
28 provided a reasonable opportunity to review and comment on the
29 proposed undertaking and shall determine that there exists
30 historical authenticity and a feasible means of providing for
31 the preservation, interpretation, and operation of such
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1 property. Expenditures by the division to protect or preserve
2 historic properties leased by the division from the Board of
3 Trustees of the Internal Improvement Trust Fund may be exempt
4 from the competitive bid requirements of chapters 255 and 287.
5 (j) Cooperate and coordinate with the Division of
6 Recreation and Parks of the Department of Environmental
7 Protection in the operation and management of historic
8 properties or resources subject to review under s. 267.061(2)
9 by the Division of Historical Resources.
10 (k) Establish professional standards for the
11 preservation, exclusive of acquisition, of historic resources
12 in state ownership or control.
13 (l) Establish guidelines for state agency
14 responsibilities under s. 267.061(2).
15 (m) Establish regional offices for the purpose of
16 assisting the division in the delivery of historic
17 preservation services to the counties and municipalities of
18 the state and to the citizens of the State of Florida.
19 Historic preservation regional offices shall be established in
20 St. Augustine, Tampa, Palm Beach County, and in other areas of
21 the state which the division deems appropriate. For each
22 regional office established, the division shall establish a
23 citizen support organization in accordance with s. 267.17. The
24 board of directors of each citizen support organization shall
25 be appointed by the Secretary of State.
26 (n) Establish and maintain a central inventory of
27 historic properties for the state which shall consist of all
28 such properties as may be reported to the division. This
29 inventory shall be known as the Florida Master Site File.
30 (6) The division shall employ a State Archaeologist,
31 and such other archaeologists as deemed necessary, who shall
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Florida Senate - 2001 SB 2114
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1 possess such qualifications as the division may prescribe. The
2 State Archaeologist shall serve at the pleasure of the
3 division director and shall have his or her duties prescribed
4 by the division director.
5 (7) The division shall employ a State Historic
6 Preservation Officer, qualified by special training or
7 experience in the field of historic preservation, and such
8 other specialists in the field of historic preservation as
9 deemed necessary, who shall possess such qualifications as the
10 division may prescribe. The State Historic Preservation
11 Officer shall be designated as such by the Governor, upon the
12 recommendation of the Secretary of State, and shall serve at
13 the pleasure of the Secretary of State. The State Historic
14 Preservation Officer shall conduct relations with
15 representatives of the Federal Government and the respective
16 states concerning matters of historic preservation, and shall
17 perform such other duties as prescribed by the Secretary of
18 State.
19 Section 4. Paragraph (d) of subsection (2) of section
20 267.061, Florida Statutes, is amended, subsections (3), (4),
21 and (5) are repealed, and present subsection (6) of that
22 section is renumbered as subsection (3) and amended, to read:
23 267.061 Historic properties; state policy,
24 responsibilities.--
25 (2) RESPONSIBILITIES OF STATE AGENCIES OF THE
26 EXECUTIVE BRANCH.--
27 (d) Each state agency of the executive branch shall
28 assume responsibility for the preservation of historic
29 resources which are owned or controlled by such agency. Prior
30 to acquiring, constructing, or leasing buildings for the
31 purpose of carrying out agency responsibilities, the agency
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1 shall use, to the maximum extent feasible, historic properties
2 available to the agency. Each agency shall undertake,
3 consistent with the preservation of such properties, the
4 mission of the agency, and the professional standards
5 established pursuant to s. 267.031(5)(k) paragraph (3)(k), any
6 preservation actions necessary to carry out the intent of this
7 paragraph.
8 (3)(6) DEPARTMENT OF MANAGEMENT SERVICES.--The
9 Department of Management Services, in consultation with the
10 division, shall adopt rules for the renovation of historic
11 properties which are owned or leased by the state. Such rules
12 shall be based on national guidelines for historic renovation,
13 including the standards and guidelines for rehabilitation
14 adopted by the United States Secretary of the Interior.
15 Section 5. Section 267.0612, Florida Statutes, is
16 amended to read:
17 (Substantial rewording of section. See
18 s. 267.0612, F.S., for present text.)
19 267.0612 Florida Historical Commission; creation;
20 membership; powers and duties.--In order to enhance public
21 participation and involvement in the preservation and
22 protection of the state's historic and archaeological sites
23 and properties, there is created within the Department of
24 State the "Florida Historical Commission." The commission
25 shall serve in an advisory capacity to the director of the
26 Division of Historical Resources to assist the director in
27 carrying out the purposes, duties, and responsibilities of the
28 division, as specified in this chapter.
29 (1)(a) The commission shall be composed of eleven
30 members. Seven members shall be appointed by the Governor in
31 consultation with the Secretary of State, two members shall be
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1 appointed by the President of the Senate, and two members
2 shall be appointed by the Speaker of the House of
3 Representatives. Of the seven members appointed by the
4 Governor, one member must be a licensed architect who has
5 expertise in historic preservation and architectural history;
6 one member must be a professional historian in the field of
7 American history; one member must be a professional
8 architectural historian; one member must be an archaeologist
9 specializing in the field of prehistory; and one member must
10 be an archaeologist specializing in the historic period. The
11 remaining two members appointed by the Governor and the two
12 members appointed by the President of the Senate and the
13 Speaker of the House of Representatives, respectively, must be
14 representatives of the general public with demonstrated
15 interest in the preservation of Florida's historical and
16 archaeological heritage. At least one member of the
17 commission shall be a resident of a county that has a
18 population of 75,000 or less.
19 (b) Notwithstanding the provisions of paragraph (a),
20 the initial members of the commission shall be the members of
21 the Historic Preservation Advisory Council and the National
22 Register of Historic Places Review Board, serving on January
23 1, 2002, who may serve the remainder of their respective
24 terms. New appointments to the commission shall not be made
25 until the retirement, resignation, removal, or expiration of
26 the terms of the initial members results in fewer than eleven
27 members remaining. As vacancies occur, the first appointments
28 shall be the five professionally-designated members appointed
29 by the Governor. The President of the Senate, the Speaker of
30 the House of Representatives, and the Governor, respectively,
31
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Florida Senate - 2001 SB 2114
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1 shall then alternate appointments until the commission is
2 composed as required herein.
3 (2) Commission members appointed by the President of
4 the Senate and the Speaker of the House of Representatives
5 shall be appointed for 2-year terms. Commission members
6 appointed by the Governor shall be appointed to 4-year terms.
7 Vacancies shall be filled for the remainder of the term and by
8 the original appointing authority.
9 (3) The Governor shall designate a member of the
10 commission as the commission's presiding officer to serve in
11 that capacity at the pleasure of the Governor. Each year the
12 commission shall select an assistant presiding officer from
13 its membership.
14 (4) The commission shall meet upon the call of the
15 presiding officer or Secretary of State, which shall occur at
16 least quarterly. Members shall serve without pay, but shall
17 be entitled to reimbursement for their expenses in carrying
18 out their official duties, as provided in s. 112.061.
19 (5) All action taken by the commission shall be by
20 majority vote of those members present. The director of the
21 division or the director's designee shall serve without voting
22 rights as secretary to the commission. The division shall
23 provide necessary staff assistance to the commission.
24 (6) It shall be the responsibility of the commission
25 to provide assistance, advice, and recommendations to the
26 division in:
27 (a) Establishing priorities for the identification,
28 acquisition, protection, and preservation of historic and
29 archaeological sites and properties.
30
31
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Florida Senate - 2001 SB 2114
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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. Section 267.0619, Florida Statutes, is
16 created to read:
17 267.0619 Historical Museum Grants.--The division may
18 conduct a program to provide:
19 (1)(a) Grants from the Historical Resources Operating
20 Trust Fund, including matching grants, to a department or
21 agency of the state; a unit of county, municipal, or other
22 local government; or a public or private profit or nonprofit
23 corporation, partnership, or other organization to assist in
24 the development of public educational exhibits relating to the
25 historical resources of Florida; and
26 (b) Grants from the Historical Resources Operating
27 Trust Fund to Florida history museums that are not
28 state-operated to assist such museums in paying for operating
29 costs.
30
31
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1 (2) 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) The mission of the museum must relate directly and
5 primarily to the history of Florida. If the museum has more
6 than one mission, the museum is eligible to receive a grant
7 for that portion of the operating costs which is reasonably
8 attributable to its mission relating to the history of
9 Florida;
10 (b) 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) The museum must be open and providing museum
15 services to the public for at least 180 days each year; and
16 (d) 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) 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 may
5 award a grant to a Florida history museum only if the award
6 has been approved by the Secretary of State.
7 (4) Money received as an appropriation or contribution
8 to the grants program must be deposited into the Historical
9 Resources Operating Trust Fund. Money appropriated from
10 general revenue to the trust fund for the program may not be
11 granted to a private for-profit museum. Money appropriated
12 from any source to the trust fund for the program may not be
13 granted to pay the cost of locating, identifying, evaluating,
14 acquiring, preserving, protecting, restoring, rehabilitating,
15 stabilizing, or excavating an archaeological or historic site
16 or a historic building or the planning of any of those
17 activities.
18 (5) The division may grant moneys quarterly from the
19 Historical Resources Operating Trust Fund to history museums
20 in advance of an exhibit or program for which the moneys are
21 granted.
22 Section 9. Section 267.072, Florida Statutes, is
23 amended to read:
24 267.072 Museum of Florida History programs.--
25 (1) The division shall:
26 (a) establish and administer a museum store in the
27 Museum of Florida History to provide information and materials
28 relating to museum exhibits, collections, and programs to the
29 public. The store may produce, acquire, and sell craft
30 products, replicas and reproductions of artifacts, documents,
31 and other merchandise relating to historical and cultural
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1 resources and may make a reasonable charge for such
2 merchandise. All proceeds received from sales must be
3 deposited into the Historical Resources Operating Trust Fund
4 or, funds in excess of the amount required to pay employees
5 involved in the direct management of the museum store, may be
6 deposited into a bank account of the a citizen support
7 organization created pursuant to s. 267.17 and may only be
8 used to support the programs of the Museum of Florida History.
9 The museum store may enter into agreements and accept
10 credit-card payments as compensation for goods and products
11 sold. The division may establish accounts in credit-card
12 banks for the deposit of credit-card sales invoices and to pay
13 discounts and service charges in connection with the use of
14 credit cards.
15 (2)(b) The division shall support the establishment
16 and operation of a nonprofit organization or association
17 established pursuant to s. 267.17 to promote and encourage
18 knowledge and appreciation of Florida history and the programs
19 of the Museum of Florida History and to cooperate with
20 historical societies and other organizations to provide
21 funding and promotional support for the programs of the
22 museum. Such organization or association may, with the
23 consent of the division, operate the museum store or conduct
24 special events and programs in the museum. All proceeds must
25 be used to support the programs of the Museum of Florida
26 History.
27 (3)(c) The division shall deposit gifts and donations
28 for the purpose of assisting the Museum of Florida History and
29 its programs in the Historical Resources Operating Trust Fund
30 to be used exclusively for the benefit of programs of the
31
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1 museum and in a manner consistent with any terms or conditions
2 agreed to by the division in accepting such gifts.
3 (d) Establish and administer a program, to be entitled
4 the Great Floridians program, which shall be designed to
5 recognize and record the achievements of Floridians, living
6 and deceased, who have made major contributions to the
7 progress and welfare of this state.
8 1. The division shall nominate present or former
9 citizens of this state, living or deceased, who during their
10 lives have made major contributions to the progress of the
11 nation or this state and its citizens. Nominations shall be
12 submitted to the Secretary of State who shall select from
13 those nominated not less than two persons each year who shall
14 be honored with the designation "Great Floridian," provided no
15 person whose contributions have been through elected or
16 appointed public service shall be selected while holding any
17 such office.
18 2. To enhance public participation and involvement in
19 the identification of any person worthy of being nominated as
20 a Great Floridian, the division shall seek advice and
21 assistance from persons qualified through the demonstration of
22 special interest, experience, or education in the
23 dissemination of knowledge about the state's history.
24 a. In formulating its nominations, the division shall
25 also seek the assistance of the Museum of Florida History
26 Foundation, Inc., or its successor, acting in the capacity as
27 a citizen support organization of the division, pursuant to s.
28 267.17 and approved to act on behalf of the Museum of Florida
29 History.
30 b. Annually, the division shall convene an ad hoc
31 committee composed of representatives of the Governor, each
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1 member of the Florida Cabinet, the President of the Senate,
2 the Speaker of the House of Representatives, and the Museum of
3 Florida History Foundation, Inc. This committee shall meet at
4 least twice. The committee shall nominate not fewer than two
5 persons whose names shall be submitted to the Secretary of
6 State with the recommendation that they be honored with the
7 designation "Great Floridian."
8 3. Upon designation of a person as a Great Floridian
9 by the Secretary of State, the division shall undertake
10 appropriate activities intended to achieve wide public
11 knowledge of the person designated.
12 a. The division may seek to initiate production of a
13 film or videotape depicting the life and contributions of the
14 designee to this state and to the nation. If technology
15 surpasses the use of film or videotape, another medium of
16 equal quality may be used.
17 (I) In the production of such films, the division
18 shall seek cooperation from local volunteers throughout the
19 state and, in particular, shall seek fundraising and other
20 assistance of the citizen support organization created
21 pursuant to s. 267.17 to support the programs of the Museum of
22 Florida History.
23 (II) The Museum of Florida History shall be the
24 repository of the original negative, the original master tape,
25 and all cuttings, of any film or videotape produced under the
26 authority of this paragraph. The division also may exercise
27 the right of trademark over the terms "Great Floridian" or
28 "Great Floridians" pursuant to s. 286.031.
29 (III) The division shall arrange for the distribution
30 of copies of all films to the general public, public
31 television stations, educational institutions, and others and
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1 may establish a reasonable charge to recover costs associated
2 with production and to provide a source of revenue to assist
3 with reproduction, marketing, and distribution of Great
4 Floridians films. Proceeds from such charges shall be
5 deposited into the Historical Resources Operating Trust Fund.
6 b. Deceased persons designated as Great Floridians
7 typically shall be recognized by markers affixed to properties
8 significantly associated with the major contributions of the
9 designee. Such markers shall be erected pursuant to the
10 provisions of s. 267.061(3)(n).
11 (2)(a) The division may conduct a program to provide:
12 1. Grants from the Historical Resources Operating
13 Trust Fund, including matching grants, to a department or
14 agency of the state; a unit of county, municipal, or other
15 local government; or a public or private profit or nonprofit
16 corporation, partnership, or other organization to assist in
17 the development of public educational exhibits relating to the
18 historical resources of Florida; and
19 2. Grants from the Historical Resources Operating
20 Trust Fund to Florida history museums that are not
21 state-operated to assist such museums in paying for operating
22 costs.
23 (b) In order to be eligible to receive a grant from
24 the trust fund to assist in paying operating costs, a Florida
25 history museum must fulfill the following criteria:
26 1. The mission of the museum must relate directly and
27 primarily to the history of Florida. If the museum has more
28 than one mission, the museum is eligible to receive a grant
29 for that portion of the operating costs which is reasonably
30 attributable to its mission relating to the history of
31 Florida;
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1 2. The museum must have been operating and open to the
2 public for at least 180 days each year during the 2-year
3 period immediately preceding the date upon which the museum
4 applies for the grant;
5 3. The museum must be open and providing museum
6 services to the public for at least 180 days each year; and
7 4. The museum must currently employ, and must have
8 employed during the 2-year period immediately preceding the
9 date upon which the museum applies for the grant, at least one
10 full-time staff member or the equivalent thereof whose primary
11 responsibility is to acquire, maintain, and exhibit to the
12 public objects that are owned by, or are on loan to, the
13 museum.
14 (c) An application for a grant must be made to the
15 division on a form provided by the division. The division
16 shall adopt rules prescribing categories of grants,
17 application requirements, criteria and procedures for the
18 review and evaluation of applications, and other procedures
19 necessary for the administration of the program, subject to
20 the requirements of this section. The division shall provide
21 opportunities for persons from different areas of the state
22 who, due to education, experience, or special interest, are
23 knowledgeable about the development and operation of
24 historical museums or historical exhibits for public education
25 to evaluate the applications and shall consider their
26 evaluations and recommendations in selecting the applicants
27 that it will recommend to the Secretary of State to receive
28 grants. The division shall submit a list of such applicants,
29 arranged in order of priority, to the Secretary of State. The
30 division may award a grant to a Florida history museum only if
31 the award has been approved by the Secretary of State.
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1 (d) Money received as an appropriation or
2 contribution to the grants program must be deposited into the
3 Historical Resources Operating Trust Fund. Money appropriated
4 from general revenue to the trust fund for the program may not
5 be granted to a private for-profit museum. Money appropriated
6 from any source to the trust fund for the program may not be
7 granted to pay the cost of locating, identifying, evaluating,
8 acquiring, preserving, protecting, restoring, rehabilitating,
9 stabilizing, or excavating an archaeological or historic site
10 or a historic building or the planning of any of those
11 activities.
12 (e) The division may grant moneys quarterly from the
13 Historical Resources Operating Trust Fund to history museums
14 in advance of an exhibit or program for which the moneys are
15 granted.
16 Section 10. Section 267.073, Florida Statutes, is
17 created to read:
18 267.073 Great Floridians Program.--The division shall
19 establish and administer a program, to be entitled the Great
20 Floridians Program, which shall be designed to recognize and
21 record the achievements of Floridians, living and deceased,
22 who have made major contributions to the progress and welfare
23 of this state.
24 (1) The division shall nominate present or former
25 citizens of this state, living or deceased, who during their
26 lives have made major contributions to the progress of the
27 nation or this state and its citizens. Nominations shall be
28 submitted to the Secretary of State who shall select from
29 those nominated not less than two persons each year who shall
30 be honored with the designation "Great Floridian," provided no
31 person whose contributions have been through elected or
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1 appointed public service shall be selected while holding any
2 such office.
3 (a) To enhance public participation and involvement in
4 the identification of any person worthy of being nominated as
5 a Great Floridian, the division shall seek advice and
6 assistance from persons qualified through the demonstration of
7 special interest, experience, or education in the
8 dissemination of knowledge about the state's history.
9 (b) In formulating its nominations, the division shall
10 also seek the assistance of the Museum of Florida History
11 Foundation, Inc., or its successor, acting in the capacity as
12 a citizen support organization of the division, pursuant to s.
13 267.17 and approved to act on behalf of the Museum of Florida
14 History.
15 (c) Annually, the division shall convene an ad hoc
16 committee composed of representatives of the Governor, each
17 member of the Florida Cabinet, the President of the Senate,
18 the Speaker of the House of Representatives, and the Museum of
19 Florida History Foundation, Inc. This committee shall meet at
20 least twice. The committee shall nominate not fewer than two
21 persons whose names shall be submitted to the Secretary of
22 State with the recommendation that they be honored with the
23 designation "Great Floridian."
24 (2) Upon designation of a person as a Great Floridian
25 by the Secretary of State, the division shall undertake
26 appropriate activities intended to achieve wide public
27 knowledge of the person designated.
28 (a) The division may seek to initiate production of a
29 film or videotape depicting the life and contributions of the
30 designee to this state and to the nation. If technology
31
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1 surpasses the use of film or videotape, another medium of
2 equal quality may be used.
3 1. In the production of such films, the division shall
4 seek cooperation from local volunteers throughout the state
5 and, in particular, shall seek fundraising and other
6 assistance of the citizen support organization created
7 pursuant to s. 267.17 to support the programs of the Museum of
8 Florida History.
9 2. The Museum of Florida History shall be the
10 repository of the original negative, the original master tape,
11 and all cuttings, of any film or videotape produced under the
12 authority of this paragraph. The division also may exercise
13 the right of trademark over the terms "Great Floridian" or
14 "Great Floridians" pursuant to s. 286.031.
15 3. The division shall arrange for the distribution of
16 copies of all films to the general public, public television
17 stations, educational institutions, and others and may
18 establish a reasonable charge to recover costs associated with
19 production and to provide a source of revenue to assist with
20 reproduction, marketing, and distribution of Great Floridians
21 films. Proceeds from such charges shall be deposited into the
22 Historical Resources Operating Trust Fund.
23 (b) Deceased persons designated as Great Floridians
24 typically shall be recognized by markers affixed to properties
25 significantly associated with the major contributions of the
26 designee. Such markers shall be erected pursuant to the
27 provisions of s. 267.074.
28 Section 11. Section 267.074, Florida Statutes, is
29 created to read:
30 267.074 State Historical Marker Program.--The division
31 shall coordinate and direct the State Historical Marker
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1 Program, which shall be a program of popular history and
2 heritage designed to inform the general public about persons,
3 events, structures, and other topics relating to the history
4 and culture of the state; encourage interest in preserving the
5 historical resources of the state and its localities; promote
6 a sense of community and place among Florida citizens; and
7 provide for the enjoyment and edification of tourists.
8 (1) The division shall encourage the initiation of
9 proposals for Official Florida Historical Markers from
10 departments or agencies of the state; units of county,
11 municipal, or other local governments; corporations,
12 partnerships, or other organizations, whether public or
13 private and whether or not for profit; or any individual.
14 Markers may be installed to recognize historic properties, as
15 well as individuals, events, and other topics significant in
16 Florida or American history, architecture, archaeology, or
17 culture.
18 (2) By means of appropriate variations in marker
19 design, the division shall distinguish the following
20 categories of Official Florida Historical Markers:
21 (a) Florida Heritage Landmark markers, which shall be
22 used to identify and interpret Heritage Landmark properties.
23 (b) State Historic Highway markers, which shall be
24 used to identify state historic highways, as provided in
25 general law.
26 (c) Florida Heritage markers, which shall be used to
27 identify and interpret people, events, and places, including
28 buildings and archaeological sites, which do not meet the
29 criteria for a Florida Heritage Landmark, and other subjects
30 relating to Florida history and culture.
31
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1 (d) Other special series of markers which the division
2 may establish to facilitate guiding the general public to
3 places of historic interest and to facilitate identification
4 and interpretation of topics of statewide interest, including,
5 but not limited to, historic and scenic trails, byways, and
6 greenways and anniversaries or other occasions of special
7 significance to the history and culture of Florida.
8
9 The division may exercise the right of trademark over the
10 terms "Florida Heritage" or "Heritage Florida" pursuant to s.
11 286.031.
12 (3) The division shall establish and maintain a
13 central register of all markers installed in each category set
14 out in subsection (2). In addition, the division shall
15 establish and maintain the Florida Register of Heritage
16 Landmarks, a central register of historic properties, which
17 generally shall consist of properties more than 50 years of
18 age deemed worthy of preservation for their exceptional
19 historical significance to the state as a whole or a region of
20 the state and their architectural or archaeological integrity.
21 (a) The division shall adopt rules pursuant to ss.
22 120.536(1) and 120.54 that prescribe criteria and a process
23 for the identification, evaluation, and designation of
24 Heritage Landmark properties, as well as for withdrawal of
25 designation.
26 (b) The division may waive the age requirement of 50
27 years for properties of overwhelming state or national
28 importance; however, it is the intent of the Legislature that
29 exceptions shall rarely be given.
30
31
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1 (c) The division shall undertake a program to identify
2 and nominate properties eligible for designation as Heritage
3 Landmarks.
4 (d) Designation of private property as a Heritage
5 Landmark does not prohibit under Florida law or regulation any
6 actions which may otherwise be taken by the property owner
7 with respect to the property.
8 (4) The division shall develop a comprehensive plan
9 for the State Historical Marker Program which shall be kept up
10 to date and shall incorporate goals and objectives of the
11 program, as well as policies, plans, and procedures relating
12 to:
13 (a) Categories of Official Florida Historical Markers,
14 criteria for their use, and specifications for design.
15 (b) Selection of subjects to be marked.
16 (c) Published guides to Official Florida Historical
17 Markers, including methods for public distribution.
18 (d) Maintenance of markers.
19 (e) Removal or replacement of markers.
20 (f) Placement of markers at historic sites which shall
21 be, in general, conspicuous and accessible to and easily
22 reached by the public and where something associated with the
23 person, historic property, event, or other subject being
24 marked is still visible.
25 (g) Physical placement of the markers which shall be,
26 in general, conspicuous and easily reached by the public.
27 (5)(a) The division is authorized and empowered to
28 erect and maintain appropriate signs or markers indicating
29 sites of historic interest and value upon public property as
30 well as upon private property where permission is obtained.
31
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1 (b) The Department of Transportation or the governing
2 body of each county or municipality is authorized to permit
3 and assist the division in erecting and maintaining said
4 historic signs or markers within the right-of-way of any state
5 highway, county road, or municipal street, or any other
6 property under its jurisdiction and control, under such
7 conditions and limitations as may be appropriate. The
8 division is hereby vested with the exclusive authority and
9 power to erect and maintain said historic signs or markers
10 within the right-of-way of any state highway.
11 (6) The division shall designate an approved marker as
12 an Official Florida Historical Marker. To ensure a degree of
13 uniformity and quality of historical markers, monuments,
14 plaques, medallions, and similar devices in this state, and to
15 avoid any confusion with or misrepresentation of an Official
16 Florida Historical Marker, no such marker or reasonable
17 facsimile thereof may be fabricated with any emblem, design,
18 or logo signifying another organization. No other emblem,
19 design, or marker size may be used in addition to or instead
20 of those offered by the division for an Official Florida
21 Historical Marker. Emblems, designs, or logos offered by the
22 division are property of the state and may not be used for
23 commercial advertising or copied for the use of any other
24 agency, association, corporation, or individual without the
25 express consent and authorization of the division.
26 (7) The division may establish a reasonable fee to
27 recover its costs arising from review of a proposal for a
28 historical marker, monument, plaque, medallion, or similar
29 device. Any fee established shall be payable by the applicant
30 for the marker, monument, plaque, medallion, or similar
31 device.
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1 (8) Funds for the creation and placement of an
2 Official Florida Historical Marker shall be provided by the
3 agency, organization, individual, or other entity proposing
4 the marker. The division may erect Official Florida
5 Historical Markers at its own expense and may make competitive
6 grants from the Historical Resources Operating Trust Fund,
7 pursuant to s. 267.0617, to assist in funding the costs of
8 Official Florida Historical Markers. All Official Florida
9 Historical Markers shall be considered property of the state.
10 (9) The division shall seek cooperation from local
11 volunteers throughout the state and, where appropriate, shall
12 encourage the establishment of citizen support organizations,
13 pursuant to s. 267.17, to assist in maintaining Official
14 Florida Historical Markers and facilitating public access to
15 places marked.
16 Section 12. Section 267.0743, Florida Statutes, is
17 created to read:
18 267.0743 State Historical Marker Council.--In order to
19 enhance public participation and involvement in the
20 identification and interpretation of subjects relating to the
21 history and culture of Florida, there is created the "State
22 Historical Marker Council."
23 (1) The council shall consist of three members who
24 represent different areas of the state, are appointed by the
25 Secretary of State, and are qualified through the
26 demonstration of special interest, experience, or education in
27 interpretation of the state's history and historical
28 properties. Each member shall have professional training and
29 experience in one or more of the following fields: history,
30 historic preservation, architecture, architectural history, or
31 archaeology.
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1 (2) Members shall be appointed for 2-year terms,
2 except for an appointment to fill an unexpired term, in which
3 event the appointment shall be for the remainder of the
4 unexpired term only. No person shall serve more than two
5 consecutive terms on the council.
6 (3) The director of the division or his or her
7 designee shall serve without voting rights as secretary to the
8 council. The division shall provide necessary staff
9 assistance to the council.
10 (4) The council shall meet at the request of the
11 division or at the request of a majority of its membership to
12 carry out its responsibilities, however, the council need not
13 convene a meeting but may give advice by means of written or
14 telephonic communication. Members shall serve without pay,
15 but shall be entitled to reimbursement for their expenses in
16 carrying out their official duties, as provided in s. 112.061.
17 (5) It shall be the responsibility of the council to
18 provide assistance, advice, and recommendations to the
19 division in evaluating proposals for Official Florida
20 Historical Markers and identifying goals for the State
21 Historical Marker Program. The process of evaluation shall
22 seek to establish the significance of the subject proposed for
23 a marker, but neither the division nor the council shall make
24 proposal or evaluation requirements so complex or onerous as
25 to preclude private citizens from directly submitting
26 proposals without professional assistance.
27 Section 13. Section 267.081, Florida Statutes, is
28 amended to read:
29 267.081 Publications.--
30 (1) It is the duty of the division to:
31
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1 (a)(1) Promote and encourage the writing of Florida
2 history.
3 (b)(2) Collect, edit, publish, and print pamphlets,
4 papers, manuscripts, documents, books, monographs, and other
5 materials relating to Florida history. The division may
6 establish a reasonable charge for such publications.
7 (c)(3) Cooperate with and coordinate research and
8 publication activities of other agencies, organizations,
9 historical commissions and societies, corporations, and
10 individuals, which relate to historical matters.
11 (d)(4) Hold any moneys received from the sale of
12 publications by the division in the operating trust fund of
13 the division or in a separate depository account in the name
14 of a citizen-support organization formed pursuant to s. 267.17
15 and subject to the provision of a letter of agreement with the
16 division.
17 (2) The division may exercise the right of trademark
18 and service mark over the terms "Florida History & the Arts"
19 or "Florida History and the Arts" pursuant to s. 286.031.
20 Section 14. Section 267.115, Florida Statutes, is
21 created to read:
22 267.115 Objects of historical or archaeological
23 value.--The division shall acquire, maintain, preserve,
24 interpret, exhibit, and make available for study objects which
25 have intrinsic historical or archaeological value relating to
26 the history, government, or culture of the state. Such objects
27 may include tangible personal property of historical or
28 archaeological value. Objects acquired under this section
29 belong to the state, and title to such objects is vested in
30 the division.
31
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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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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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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 that
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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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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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)(a) Archaeological value. For purposes of this
6 section, the archaeological value of any archaeological
7 resource involved in a violation of the prohibitions in ss.
8 267.11-267.14 or conditions of a permit issued pursuant to ss.
9 267.11-267.14 shall be the value of the data associated with
10 the archaeological resource. This value shall be appraised in
11 terms of the costs of the retrieval of the scientific
12 information which would have been obtainable prior to the
13 violation. These costs may include, but need not be limited
14 to, the cost of preparing a research design, conducting field
15 work, carrying out laboratory analysis, and preparing reports
16 as would be necessary to realize the information potential.
17 (b) Commercial value. For purposes of this section,
18 the commercial value of any archaeological resource involved
19 in a violation of the prohibitions in ss. 267.11-267.14 or
20 conditions of a permit issued pursuant ss. 267.11-267.14 shall
21 be its fair market value. Where the violation has resulted in
22 damage to the archaeological resource, the fair market value
23 should be determined using the condition of the archaeological
24 resource prior to the violation, to the extent that its prior
25 condition can be ascertained.
26 (c) Cost of restoration and repair. For purposes of
27 this section, the cost of restoration and repair of
28 archaeological resources damaged as a result of a violation of
29 prohibitions or conditions pursuant to this section shall be
30 the sum of the costs already incurred for emergency
31 restoration or repair work, plus those costs projected to be
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1 necessary to complete restoration and repair, which may
2 include, but need not be limited to, the costs of the
3 following:
4 1. Reconstruction of the archaeological resource.
5 2. Stabilization of the archaeological resource.
6 3. Ground contour reconstruction and surface
7 stabilization.
8 4. Research necessary to carry out reconstruction or
9 stabilization.
10 5. Physical barriers or other protective devices,
11 necessitated by the disturbance of the archaeological
12 resource, to protect it from further disturbance.
13 6. Examination and analysis of the archaeological
14 resource, including recording remaining archaeological
15 information, where necessitated by disturbance, in order to
16 salvage remaining values which cannot be otherwise conserved.
17 7. Reinterment of human remains in accordance with
18 religious custom and state, local, or tribal law, where
19 appropriate, as determined by the land manager.
20 8. Preparation of reports relating to any of the
21 activities described in this paragraph.
22 Section 16. Section 267.14, Florida Statutes, is
23 amended to read:
24 267.14 Legislative intent.--It is hereby declared to
25 be the public policy of the state to preserve archaeological
26 sites and objects of antiquity for the public benefit and to
27 limit exploration, excavation, and collection of such matters
28 to qualified persons and educational institutions possessing
29 the requisite skills and purpose to add to the general store
30 of knowledge concerning history, archaeology, and
31 anthropology. It is further declared to be the public policy
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1 of the state the declared intention of the Legislature that
2 field investigation activities on privately owned lands should
3 be discouraged except in accordance with both the provisions
4 and spirit of ss. 267.11-267.14; and persons having knowledge
5 of the location of archaeological sites are encouraged to
6 communicate such information to the division.
7 Section 17. Effective July 1, 2001, section 267.173,
8 Florida Statutes, is created to read:
9 267.173 Historic preservation in West Florida; goals;
10 contracts for historic preservation; powers and duties.--
11 (1) The goal for contracting with the University of
12 West Florida is to ensure long-term preservation and
13 interpretation of state-owned historic properties under the
14 jurisdiction of the Historic Pensacola Preservation Board of
15 Trustees while facilitating an educational program at the
16 University of West Florida that will be responsive to the
17 state's needs for professionals in historic preservation,
18 archaeology, cultural resource management, and museum
19 administration and will help meet needs of West Florida
20 communities through educational internships and practicums.
21 (2) The Department of State shall contract with the
22 University of West Florida for the management of the various
23 state-owned properties managed by the Historic Pensacola
24 Preservation Board of Trustees prior to July 1, 2001. The
25 contract shall provide that the University of West Florida
26 shall use all proceeds derived from the management of these
27 state-owned properties for the purpose of advancing historic
28 preservation.
29 (3) The Department of State may transfer ownership and
30 responsibility to any artifacts, documents, equipment, and
31 other forms of tangible personal property to the University of
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1 West Florida to assist the university in the transition of the
2 management of the state-owned properties. All records,
3 personnel, property, other than real property held under lease
4 by the department from the Board of Trustees of the Internal
5 Improvement Trust Fund, and unexpended balances of
6 appropriations, allocations, or other funds of the Historic
7 Pensacola Board of Trustees shall be transferred to the
8 University of West Florida to be used for its historic
9 preservation activities and responsibilities as set forth in
10 the contract with the Department of State. The transfer of
11 segregated funds must be made in such a manner that the
12 relation between program and revenue source as provided by law
13 is retained.
14 (4)(a) The University of West Florida is the governing
15 body for the management and maintenance of state-owned
16 properties contracted by this section and shall exercise those
17 powers delegated to it by contract as well as performing all
18 lawful acts necessary and convenient and incident to the
19 effectuating of its function and purpose under this section
20 and s. 267.1732. The University of West Florida may contract
21 with its direct-support organization described in s. 267.1732
22 to perform all acts that are lawful and permitted for
23 not-for-profit corporations under chapter 617 in assisting the
24 university in carrying out its historic preservation and
25 historic preservation education responsibilities.
26 (b) The university or its direct-support organization,
27 if permitted in its contract with the university, shall have
28 the power to engage in any lawful business or activity to
29 establish, maintain, and operate the state-owned facilities
30 and properties under contract with the Department of State,
31 including, but not limited to:
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1 1. The renting or leasing for revenue of any land,
2 improved or restored real estate, or personal property
3 directly related to carrying out the purposes for historic
4 preservation under terms and conditions of the contract with
5 the Department of State and deemed by the university to be in
6 the best interest of the state.
7 2. The selling of craft products created through the
8 operation and demonstration of historical museums, craft
9 shops, and other facilities.
10 3. The limited selling of merchandise relating to the
11 historical and antiquarian period of Pensacola and its
12 surrounding territory and the historical period of West
13 Florida from the Apalachicola River to the western boundaries
14 of the state.
15 (c) The university or its direct-support organization,
16 if permitted in its contract with the university, shall have
17 the authority to:
18 1. Enter into agreements to accept credit card
19 payments as compensation, and establish accounts in credit
20 card banks for the deposit of credit card sales invoices.
21 2. Fix and collect charges for admission to any of the
22 state-owned facilities under contract with the Department of
23 State.
24 3. Permit the acceptance of tour vouchers issued by
25 tour organizations or travel agents for payment of admissions.
26 4. Adopt and enforce reasonable rules to govern the
27 conduct of the visiting public.
28 (5) The Division of Historical Resources in the
29 Department of State may contract with the University of West
30 Florida to serve as the regional office for the West Florida
31 region of the state from the Apalachicola River to the western
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1 boundaries of the state. In lieu of the establishment of a
2 citizen support organization as required by s. 267.031(5)(m),
3 the University of West Florida may use an existing
4 direct-support organization of the university provided that
5 the membership of the direct-support organization is
6 representative of the area of the state to be served and
7 provides the needed expertise in the area of historic
8 preservation.
9 (6) Notwithstanding the provisions of s. 287.057, the
10 University of West Florida or its direct-support organization
11 may enter into contracts or agreements with or without
12 competitive bidding, in its discretion, for the protection or
13 preservation of historic properties.
14 (7) Notwithstanding s. 273.055, the University of West
15 Florida may exchange, sell, or otherwise transfer any
16 artifact, document, equipment and other form of tangible
17 personal property if its direct-support organization
18 recommends such exchange, sale, or transfer to the president
19 of the university and if it is determined that the object is
20 no longer appropriate for the purpose of advancing historic
21 preservation.
22 (8) Notwithstanding any other provision of law, the
23 University of West Florida and its direct-support organization
24 are eligible to match state funds in the Trust Fund for Major
25 Gifts established pursuant to s. 240.2605.
26 Section 18. Effective July 1, 2001, section 266.0018,
27 Florida Statutes, is transferred, renumbered as section
28 267.1732, Florida Statutes, and amended to read:
29 267.1732 266.0018 Direct-support organization.--
30 (1) The University of West Florida shall Historic
31 Pensacola Preservation Board of Trustees may authorize a
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1 direct-support organization to assist the university board in
2 carrying out its dual historic preservation and historic
3 preservation education purposes and responsibilities for the
4 City of Pensacola, Escambia County, and West Florida by
5 raising money; submitting requests for and receiving grants
6 from the Federal Government, the state or its political
7 subdivisions, private foundations, and individuals; receiving,
8 holding, investing, and administering property; and making
9 expenditures to or for the benefit of the university board.
10 The sole purpose for the direct-support organization is to
11 support the historic preservation efforts and the historic
12 preservation education programs and initiatives of the
13 university board. Such a direct-support organization is an
14 organization that is:
15 (a) Incorporated under the provisions of chapter 617
16 and approved by the Department of State department as a
17 Florida corporation not for profit;
18 (b) Organized and operated to receive, hold, invest,
19 and administer property and to make expenditures to or for the
20 benefit of the university board; and
21 (c) Approved by the university board and the
22 department to be operating for the benefit of and in a manner
23 consistent with the goals of the university the board and in
24 the best interest of the state.
25 (2) The number of the board of directors of the
26 direct-support organization shall be determined by the
27 president of the university. However, the current members of
28 the board of directors of the direct-support organization for
29 the Historic Pensacola Preservation Board of Trustees shall be
30 members of the board of directors of the direct-support
31 organization for the university for the duration of their
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1 appointed terms. Additional members or members to fill
2 vacancies shall be appointed by the president of the
3 university in consultation with the board of directors of the
4 direct-support organization. Membership on the board of
5 directors of the direct-support organization shall include the
6 professional expertise to ensure the university meeting its
7 dual purposes of historic preservation and historic
8 preservation education to include, but not be limited to, a
9 licensed architect who has expertise in historic preservation
10 and architectural history, a professional historian in the
11 field of American history, and a professional archaeologist.
12 All board members must have demonstrated interest in the
13 preservation of Florida's historical and archaeological
14 heritage. Membership on the board of directors must be
15 representative of the areas of West Florida served by the
16 direct-support organization and the university in its
17 preservation efforts. The president of the university, or the
18 president's designee, shall serve as a member of the board of
19 directors.
20 (3)(2) The direct-support organization shall operate
21 under written contract with the university board. The
22 contract must provide for:
23 (a) Approval of the articles of incorporation and
24 bylaws of the direct-support organization by the university
25 board and the department.
26 (b) Submission of an annual budget for the approval of
27 the university board. The budget must comply with rules
28 adopted by the university board.
29 (c) Certification by the university board that the
30 direct-support organization is complying with the terms of the
31 contract and in a manner consistent with the historic
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1 preservation goals and purposes of the university board and in
2 the best interest of the state. Such certification must be
3 made annually by the university and reported in the official
4 minutes of a meeting of the university board.
5 (d) The reversion to the university board, or the
6 state if the university board ceases to exist, of moneys and
7 property held in trust by the direct-support organization for
8 the benefit of the university board if the direct-support
9 organization is no longer approved to operate for the
10 university board, or the university board ceases to exist, and
11 if such moneys and property were acquired after October 1,
12 1986.
13 (e) The fiscal year of the direct-support
14 organization, which must begin July 1 of each year and end
15 June 30 of the following year.
16 (f) The disclosure of material provisions of the
17 contract and the distinction between the University of West
18 Florida board of trustees and the direct-support organization
19 to donors of gifts, contributions, or bequests, as well as on
20 all promotional and fundraising publications.
21 (3) The members of the direct-support organization's
22 board of directors must include members of the board of
23 trustees.
24 (4) The university board may authorize a
25 direct-support organization to use its property (except
26 money), facilities, and personal services, subject to the
27 provisions of this section and s. 240.299. A direct-support
28 organization that does not provide equal employment
29 opportunities to all persons regardless of race, color,
30 religion, sex, age, or national origin may not use the
31 property, facilities, or personal services of the university
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1 board. For the purposes of this subsection, the term
2 "personal services" includes full-time personnel and part-time
3 personnel as well as payroll processing.
4 (5) The university board shall establish policies and
5 may adopt rules pursuant to s. 240.299 prescribing the
6 procedures by which the direct-support organization is
7 governed and any conditions with which a direct-support
8 organization must comply to use property, facilities, or
9 personal services of the university board.
10 (6) Any moneys may be held in a separate depository
11 account in the name of the direct-support organization and
12 subject to the provisions of the contract with the university
13 board. Such moneys may include lease income, admissions
14 income, membership fees, private donations, income derived
15 from fundraising activities, and grants applied for and
16 received by the direct-support organization.
17 (7) The direct-support organization shall provide for
18 an annual financial and compliance audit of its financial
19 accounts and records by an independent certified public
20 accountant in accordance with generally accepted accounting
21 standards rules established by the board. The annual audit
22 report must be submitted to the university board for review
23 and approval. The university, the Auditor General, and others
24 authorized in s. 240.299 shall have the authority to require
25 and receive from the direct-support organization, or from its
26 independent auditor, any detail or supplemental data relative
27 to the operation of the organization. Upon approval, the
28 university board shall certify the audit report to the Auditor
29 General for review.
30 (8) The identity of a donor or prospective donor of
31 property to a direct-support organization who desires to
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1 remain anonymous, and all information identifying such donor
2 or prospective donor, is confidential and exempt from the
3 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
4 Constitution; and that anonymity must be maintained in the
5 auditor's report. The university and the Auditor General shall
6 have access to all records of the direct-support organization
7 at any time it is requested he or she so requests.
8 (9) Provisions governing direct-support organizations
9 in s. 240.99 and not provided in this section shall apply to
10 the direct-support organization.
11 Section 19. This act shall not affect the validity of
12 any judicial or administrative action involving the Historic
13 Pensacola Preservation Board of Trustees pending as of July 1,
14 2001. The Department of State shall be substituted as of that
15 date for the Historic Pensacola Preservation Board of Trustees
16 as a party in interest in any such pending action.
17 Section 20. Paragraph (h) of subsection (2) of section
18 607.1901, Florida Statutes, is amended to read:
19 607.1901 Corporations Trust Fund creation; transfer of
20 funds.--
21 (2)
22 (h) The division shall transfer from the trust fund to
23 the Historical Resources Operating Trust Fund, quarterly,
24 prorations transferring $1.5 million each fiscal year, to be
25 used as provided in s. 267.0619 267.072.
26 Section 21. Paragraph (e) of subsection (2) of section
27 872.05, Florida Statutes, is amended to read:
28 872.05 Unmarked human burials.--
29 (2) DEFINITIONS.--As used in this section:
30 (e) "State Archaeologist" means the person employed by
31 the division pursuant to s. 267.031(6) 267.061(4).
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1 Section 22. Except as otherwise provided herein, this
2 act shall take effect January 1, 2002.
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1 *****************************************
2 LEGISLATIVE 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
Reorganizes and revises provisions relating to historical
23 museum grants to provide that grant review panels
appointed by the Secretary of State shall review grant
24 applications and make recommendations for the award of
grants. Reorganizes and revises provisions relating to
25 the Great Floridians Program.
26
Recreates various provisions within ch. 267, F.S., that
27 are repealed by the act, relating to the Historical
Marker Program, the State Historical Marker Council, and
28 the authority of the Division of Historical Resources
with respect to objects of historical or archaeological
29 value, as separate sections of ch. 267, F.S.
30
Authorizes the division to exercise the right of
31 trademark and service mark over specified terms. Revises
provisions with respect to restitution for the commission
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1 of prohibited practices under ch. 267, F.S., and defines
value elements for purposes of determining restitution.
2 Provides public policy of the state with respect to
preservation of archaeological sites and objects of
3 antiquity.
4
Requires the Department of State to contract with the
5 University of West Florida for management of various
state-owned properties managed by the Historic Pensacola
6 Preservation Board of Trustees prior to July 1, 2001.
Provides contract goals. Requires specified use of
7 proceeds from the management of such properties.
Authorizes transfer and ownership of artifacts,
8 documents, and properties to the university. Provides for
transfer of records, property, personnel, and funds of
9 the Historic Pensacola Board of Trustees to the
university. Specifies powers and duties of the
10 university. Authorizes the university to contract with
its direct-support organization for specified purposes.
11 Authorizes the Department of State to contract with the
university to serve as a regional office. Provides an
12 exception to the requirement that the division establish
a separate direct-support organization for each regional
13 office established, to authorize the university's
utilization of an existing direct-support organization in
14 such capacity.
15
Requires the authorization of a direct-support
16 organization to assist the university in historic
preservation and historic preservation education purposes
17 and responsibilities. Provides membership criteria and
provides for selection of members. Provides contract and
18 other governance requirements of the organization.
19
Provides for preservation of the validity of judicial or
20 administrative actions involving the Historic Pensacola
Preservation Board of Trustees as of July 1, 2001.
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