SENATE AMENDMENT
Bill No. SB 2126
Amendment No. ___ Barcode 785896
CHAMBER ACTION
Senate House
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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
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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
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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.--
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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
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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
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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.
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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
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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.
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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
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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
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SENATE AMENDMENT
Bill No. SB 2126
Amendment No. ___ Barcode 785896
1 request for funding purposes; providing an
2 appropriation; providing effective dates.
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