SENATE AMENDMENT
    Bill No. SB 2126
    Amendment No. ___   Barcode 785896
                            CHAMBER ACTION
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11  Senator Garcia moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Subsection (6) of section 15.16, Florida
18  Statutes, is amended to read:
19         15.16  Reproduction of records; admissibility in
20  evidence; electronic receipt and transmission of records;
21  certification; acknowledgment.--
22         (6)  Notwithstanding s. 865.09(3)(d), the Department of
23  State may waive the requirement that a person advertise the
24  intention to register a fictitious name if the department
25  indexes the fictitious name registration in a central database
26  available to the public on the Internet use government or
27  private sector contractors in the promotion or provision of
28  any electronic filing services.
29         Section 2.  Subsection (3) of section 288.809, Florida
30  Statutes, is amended to read:
31         288.809  Florida Intergovernmental Relations
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SENATE AMENDMENT Bill No. SB 2126 Amendment No. ___ Barcode 785896 1 Foundation; use of property; board of directors; audit.-- 2 (3) BOARD OF DIRECTORS.--The board of directors of the 3 foundation shall be composed of seven members appointed by the 4 Secretary of State, and of whom no more than three of the 5 members shall be employees or elected officials of the state. 6 Section 3. Paragraph (f) of subsection (2) of section 7 288.816, Florida Statutes, is amended to read: 8 288.816 Intergovernmental relations.-- 9 (2) The secretary shall be responsible for all 10 consular relations between the state and all foreign 11 governments doing business in Florida. The secretary shall 12 monitor United States laws and directives to ensure that all 13 federal treaties regarding foreign privileges and immunities 14 are properly observed. The secretary shall promulgate rules 15 which shall: 16 (f) Establish a system of communication to provide all 17 state and local law enforcement agencies with information 18 regarding proper procedures relating to the arrest or 19 incarceration of a foreign citizen. Florida law enforcement 20 agencies shall inform the Department of State when such arrest 21 or incarceration occurs. The secretary in turn shall notify 22 the appropriate foreign governmental official. The secretary 23 shall annually report on the actions taken to inform law 24 enforcement agencies, and on the cooperation from such 25 agencies, to the President of the Senate and the Speaker of 26 the House of Representatives. 27 Section 4. Effective October 1, 2001, paragraph (c) of 28 subsection (1) and subsection (5) of section 679.401, Florida 29 Statutes, are amended to read: 30 679.401 Place of filing; erroneous filing; removal of 31 collateral.-- 2 1:18 PM 05/01/01 s2126c-39k0a
SENATE AMENDMENT Bill No. SB 2126 Amendment No. ___ Barcode 785896 1 (1) The proper place to file in order to perfect a 2 security interest is as follows: 3 (c) In all other cases, by filing under the Florida 4 Secured Transaction Registry in the office of the Department 5 of State. 6 (5) Notwithstanding the preceding subsections, and 7 subject to s. 679.302(3), the proper place to file in order to 8 perfect a security interest in collateral, including fixtures, 9 of a transmitting utility is under the Florida Secured 10 Transaction Registry the office of the Department of State. 11 Section 5. Section 679.4015, Florida Statutes, is 12 created to read: 13 679.4015 Florida Secured Transaction Registry.-- 14 (1) As used in this section, the term: 15 (a) "Florida Secured Transaction Registry" or 16 "registry" means the central database in which all initial 17 financing statements, amendments, assignments, and other 18 statements of change authorized to be filed under this chapter 19 are filed, maintained, and retrieved. The term does not apply 20 to documents that are filed under this chapter with the clerk 21 of a circuit court. 22 (b) "Department" means the Department of State. 23 (c) "Materials and records" includes, but is not 24 limited to, databases, source or object codes, and any 25 software relating to the Florida Secured Transaction Registry 26 or other filing system under this chapter, regardless of the 27 original source of its creation or maintenance. 28 (2) The department shall perform the duties of the 29 filing office and filing officer under this chapter until 30 October 1, 2001, or until the effective date of a contract 31 executed by the department for the performance of these 3 1:18 PM 05/01/01 s2126c-39k0a
SENATE AMENDMENT Bill No. SB 2126 Amendment No. ___ Barcode 785896 1 duties, whichever occurs later. At that time, the department 2 shall cease serving as the filing office and filing officer 3 under this chapter, and thereafter, except to the extent the 4 department may reclaim those duties under paragraph (3)(d), 5 the department is not responsible for the performance of the 6 duties of the filing office or filing officer under this 7 chapter, including determinations of whether filings under 8 this chapter satisfy the requirements of law. 9 (3) The department shall immediately develop and issue 10 a request for qualifications seeking capable entities to 11 perform the duties currently being performed by the department 12 as the filing office and filing officer under this chapter. 13 (a) The qualifications shall, at a minimum, provide 14 for the organization and maintenance of the Florida Secured 15 Transaction Registry in a matter that: 16 1. Is comparable and compatible with the department's 17 current filing system. 18 2. Is open to the public and accessible through the 19 Internet, to permit the review of all current filings of the 20 department and all future filings in the registry, in 21 compliance with chapter 119. 22 3. Provides for oversight and compliance audits by the 23 department. 24 4. Requires records maintenance in compliance with 25 this chapter and chapter 119. 26 5. Maintains the current level of filing fees and 27 procedures for the deposit of revenues with the department as 28 specified in chapter 15, net of operating costs. 29 (b) Under chapter 287, the department has the 30 authority to determine and select the most qualified 31 respondents to the request for qualifications and to negotiate 4 1:18 PM 05/01/01 s2126c-39k0a
SENATE AMENDMENT Bill No. SB 2126 Amendment No. ___ Barcode 785896 1 and enter into one or more contracts as provided in this 2 section. 3 (c) The contract may not be assignable or otherwise 4 transferable without the express written consent of the 5 department. 6 (d) Notwithstanding the terms and conditions of the 7 contract, the department and the state retain sole and 8 exclusive ownership of the materials and records in the 9 registry, have the right to inspect and make copies of the 10 materials and records in the registry, and have the right to 11 immediately reclaim and take possession and control of the 12 original materials and records in the registry if an entity 13 under contract with the department does not, or cannot, 14 perform the terms and conditions of the contract for any 15 reason or commences an insolvency proceeding. If the 16 department reclaims control of the materials and records in 17 the registry, the department shall provide for the 18 uninterrupted fulfillment of the duties of the filing office 19 and filing officer under this chapter. The department is 20 entitled to injunctive relief if an entity fails to turn over 21 the materials and records upon demand, and the Circuit Court 22 for Leon County, Florida, has exclusive original jurisdiction 23 over any disputes pertaining to this section or any contract 24 executed under this section. 25 (4) The department retains authority under this 26 chapter to approve the forms required to be filed under this 27 chapter. If authorized by the contract with the department, 28 the entity performing the duties of the filing office may 29 certify a copy of a financing statement, or an amendment 30 thereto, which shall be admissible in a state or federal court 31 or in a proceeding before any other tribunal. 5 1:18 PM 05/01/01 s2126c-39k0a
SENATE AMENDMENT Bill No. SB 2126 Amendment No. ___ Barcode 785896 1 (5) The department shall develop performance standards 2 to ensure that the Florida Secured Transaction Registry is 3 accurate and complete and that the users thereof are being 4 well-served. Periodically, the department shall verify that 5 these performance standards are being met or modified as may 6 be needed from time to time. 7 Section 6. Section 901.26, Florida Statutes, is 8 amended to read: 9 (Substantial rewording of section. 10 See s. 901.26, F.S., for present text.) 11 901.26 Arrest and detention of foreign 12 nationals.--Failure to provide consular notification under the 13 Vienna Convention on Consular Relations or other bilateral 14 consular conventions shall not be a defense in any criminal 15 proceeding against any foreign national and shall not be cause 16 for the foreign national's discharge from custody. 17 Section 7. (1) The Coastal Management Program of the 18 Department of Community Affairs and the Division of Historical 19 Resources of the Department of State shall undertake a study 20 of the lighthouses in the state. The study must determine the 21 location, ownership, condition, and historical significance of 22 all lighthouses in the state and ensure that all historically 23 significant lighthouses are nominated for inclusion on the 24 National Register of Historic Places. The study must assess 25 the condition and restoration needs of historic lighthouses 26 and develop plans for appropriate future public access and 27 use. The Coastal Management Program and the Division of 28 Historical Resources shall take a leadership role in 29 implementing plans to stabilize lighthouses and associated 30 structures and to preserve and protect them from future 31 deterioration. When possible, the lighthouses and associated 6 1:18 PM 05/01/01 s2126c-39k0a
SENATE AMENDMENT Bill No. SB 2126 Amendment No. ___ Barcode 785896 1 buildings should be made available to the public for 2 educational and recreational purposes. The Department of 3 Community Affairs should consider these responsibilities to be 4 a priority of the Florida Coastal Management Program, and 5 implementation of this act should be a priority in the use of 6 coastal management funds. 7 (2) The Department of Community Affairs and the 8 Department of State shall request in their annual legislative 9 budget requests funding necessary to carry out the duties and 10 responsibilities specified in this act. Funds for the 11 rehabilitation of lighthouses should be allocated through 12 matching grants-in-aid to state and local government agencies 13 and to nonprofit organizations. The Department of Community 14 Affairs may assist the Division of Historical Resources in 15 projects to accomplish lighthouse identification, assessment, 16 restoration, and interpretation. 17 (3) There are appropriated in fiscal year 2001-2002 18 the sums of $50,000 from nonrecurring general revenue to the 19 Department of State and $50,000 from nonrecurring general 20 revenue to the Department of Community Affairs to implement 21 the study required by this section. 22 (4) This section shall take effect upon this act 23 becoming a law. 24 Section 8. Except as otherwise expressly provided in 25 this act, this act shall take effect upon becoming a law. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 7 1:18 PM 05/01/01 s2126c-39k0a
SENATE AMENDMENT Bill No. SB 2126 Amendment No. ___ Barcode 785896 1 and insert: 2 A bill to be entitled 3 An act relating to the Department of State; 4 amending s. 15.16, F.S.; authorizing the 5 department to waive certain advertising 6 requirements; amending s. 288.809, F.S.; 7 revising membership of the Florida 8 Intergovernmental Relations Foundation; 9 amending s. 288.816, F.S.; deleting a 10 requirement that certain law enforcement 11 agencies notify the department of certain 12 arrests and incarcerations; amending s. 13 679.401, F.S.; specifying the Florida Secured 14 Transaction Registry as a place for certain 15 filings; creating s. 679.4015, F.S.; 16 establishing the Florida Secured Transaction 17 Registry; prescribing duties of the department; 18 prescribing standards for the registry; 19 providing powers and duties of contracting 20 entities performing services with respect to 21 the registry; amending s. 901.26, F.S.; 22 providing that failure to provide certain 23 consular notification shall not be a defense in 24 a criminal proceeding or a cause for release of 25 a foreign national from custody; directing the 26 Department of Community Affairs and the 27 Department of State to conduct a study of 28 lighthouses in the state; providing 29 requirements of the study; providing for 30 planning and funding responsibilities; 31 directing each department to make a budget 8 1:18 PM 05/01/01 s2126c-39k0a
SENATE AMENDMENT Bill No. SB 2126 Amendment No. ___ Barcode 785896 1 request for funding purposes; providing an 2 appropriation; providing effective dates. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 1:18 PM 05/01/01 s2126c-39k0a