HB 1113

CS

CHAMBER ACTION

1	The Committee on Commerce recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the Department of State; amending s.
7	20.10, F.S.; reorganizing the department; providing for an
8	assistant Secretary of State and deputy secretaries of
9	state; renaming the Division of Corporations as the
10	Division of State Recordings; providing for a Bureau of
11	Central Computing Support Services; providing direction
12	relating to departmental grants processes and programs;
13	prohibiting changes to statutorily required
14	responsibilities and duties without specific statutory
15	revision; amending ss. 119.092, 205.023, 213.053, 213.50,
16	440.02, 440.05, 607.0401, 607.1506, 617.0401, 617.1506,
17	620.103, and 865.09, F.S., to conform; amending s.
18	14.2015, F.S.; providing for the performance of state
19	protocol officer functions and the provision of assistance
20	and facilities to the Organization of American States by
21	the Office of Tourism, Trade, and Economic Development;
22	amending s. 15.09, F.S.; conforming name change for the
23	Division of Corporations to Division of State Recordings;
24	providing for deposit of certain reinstatement fees, late
25	fees, and penalties collected by the Division of State
26	Recordings of the Department of State into the Cultural
27	Institutions Trust Fund rather than the General Revenue
28	Fund; providing for disbursement of such revenues to fund
29	cultural and historical preservation grants and programs;
30	amending s. 15.16, F.S.; deleting specific statutory
31	citations for required filings of records that may be
32	required to be filed electronically; amending s. 15.182,
33	F.S.; providing for notification of the Office of Tourism,
34	Trade, and Economic Development regarding international
35	travel by certain cultural arts organizations; creating s.
36	257.015, F.S.; providing definitions; amending s. 257.02,
37	F.S.; increasing membership on the State Library Council;
38	providing for criteria for members and selection process;
39	providing for election of officers; amending s. 257.031,
40	F.S.; deleting reference to the State Library Council and
41	provisions for officers; adding responsibilities for the
42	State Librarian; amending s. 257.12, F.S.; designating the
43	Division of Library and Information Services as the state
44	library administrative agency; amending s. 257.192, F.S.;
45	correcting terminology; amending s. 257.41, F.S.; deleting
46	requirement for issuance of a certificate to library
47	cooperatives; creating s. 257.43, F.S.; providing for the
48	establishment of a citizen support organization for
49	certain purposes; providing for use of administrative
50	services and property; requiring an annual audit;
51	providing for anonymity of donors; amending s. 265.284,
52	F.S.; designating the Division of Cultural Affairs as the
53	state arts administrative agency; deleting obsolete
54	language; amending s. 265.2865, F.S.; deleting obsolete
55	language; amending s. 265.606, F.S.; requiring certain
56	organizations to submit a postaudit to the division under
57	certain circumstances; amending s. 265.701, F.S.;
58	requiring recordation of covenants; requiring a facility
59	to continue use as a cultural facility for a specified
60	time; providing penalties; amending s. 265.702, F.S.;
61	requiring recordation of covenants; requiring a facility
62	to continue use as a regional cultural facility for a
63	specified time; providing penalties; creating s. 265.703,
64	F.S.; providing for the establishment of a citizen support
65	organization for certain purposes; providing for use of
66	administrative services and property; requiring an annual
67	audit; providing for anonymity of donors; amending s.
68	267.031, F.S.; adding to the division specific
69	responsibility for archaeological sites and artifacts;
70	providing for a memorandum of agreement for a network of
71	public archaeology centers; requiring that the University
72	of West Florida coordinate the establishment and operation
73	of a network of regional public archaeology centers
74	through such agreement; amending s. 267.0612, F.S.;
75	providing for continuation as commission member until a
76	replacement is appointed; amending s. 267.0731, F.S.;
77	deleting obsolete language; amending s. 267.14, F.S.;
78	providing that state public policy relating to
79	preservation of archaeological sites and objects of
80	antiquity include the establishment of a network of
81	regional public archaeology centers to provide public
82	outreach and assist local governments; creating s.
83	267.145, F.S.; requiring the department to create a
84	network of regional public archaeology centers; requiring
85	that the University of West Florida coordinate the
86	establishment and operation of the network; amending s.
87	267.16, F.S.; deleting obsolete language; amending ss.
88	288.0251, 288.809, and 288.816, F.S., relating to
89	international development outreach activities in Latin
90	America and the Caribbean Basin, the Florida
91	Intergovernmental Relations Foundation, and
92	intergovernmental relations, to conform; amending s.
93	288.8175, F.S.; redefining "department" for purposes of
94	linkage institutes between postsecondary institutions in
95	this state and foreign countries; transferring the
96	provision of assistance and facilities to the Organization
97	of American States, state protocol officer functions,
98	international development outreach activities in Latin
99	America and the Caribbean Basin, the Florida
100	Intergovernmental Relations Foundation, and
101	intergovernmental relations functions by a type two
102	transfer from the Department of State to the Executive
103	Office of the Governor; excluding the transfer of certain
104	trust funds; transferring linkage institutes between
105	postsecondary institutions in this state and foreign
106	countries by a type two transfer from the Department of
107	State to the Department of Education; excluding the
108	transfer of certain trust funds; repealing s. 15.0913,
109	F.S., relating to performance standards for Uniform
110	Commercial Code documents; repealing ss. 15.17 and 15.19,
111	F.S., relating to the provision of assistance and
112	facilities to the Organization of American States and the
113	performance of state protocol officer functions; repealing
114	ss. 265.51, 265.52, 265.53, 265.54, 265.55, and 265.56,
115	F.S., relating to authority of the department to enter
116	indemnity agreements; providing an effective date.
117
118	Be It Enacted by the Legislature of the State of Florida:
119
120	Section 1.  Section 20.10, Florida Statutes, is amended to
121	read:
122	20.10  Department of State.--There is created a Department
123	of State.
124	(1)  The head of the Department of State is the Secretary
125	of State. The Secretary of State shall be appointed by the
126	Governor, subject to confirmation by the Senate, and shall serve
127	at the pleasure of the Governor. The Secretary of State shall
128	perform the functions conferred by the State Constitution upon
129	the custodian of state records.
130	(2)  The Secretary of State shall appoint an assistant
131	secretary and two deputy secretaries, who shall serve at the
132	pleasure of the secretary.
133	(a)  The Assistant Secretary of State shall act in the
134	absence of the secretary, shall be directly responsible to the
135	secretary, and shall perform such duties as are assigned by the
136	secretary.
137	(b)  The Deputy Secretary for Cultural and Historical
138	Programs shall be directly responsible to the secretary, shall
139	have oversight of the Division of Historical Resources and the
140	Division of Cultural Affairs, and shall perform such other
141	duties as assigned by the secretary.
142	(c)  The Deputy Secretary for State Records shall be
143	directly responsible to the secretary, shall have oversight of
144	the Division of Elections, the Division of State Recordings, and
145	the Division of Library and Information Services, and shall
146	perform such other duties as assigned by the secretary.
147	(3)(2)  The following divisions of the Department of State
148	are established:
149	(a)  Division of Elections.
150	(b)  Division of Historical Resources.
151	(c)  Division of State Recordings Corporations.
152	(d)  Division of Library and Information Services.
153	(e)  Division of Cultural Affairs.
154	(f)  Division of Administration.
155	1.  Bureau of Central Computing Support Services.
156	(4)  The department is encouraged to computerize its grant
157	application and other processes. The department, to the extent
158	feasible, may cross train employees with grant expertise in the
159	divisions with responsibility for grant awards and shall use
160	uniform grant processes and forms when appropriate. The
161	department shall not modify the standards or the program and
162	grant relationships and responsibilities established in law.
163	(5)  Statutorily required duties and responsibilities of
164	and programs assigned to divisions within the department or
165	those required of or assigned to the department shall not be
166	changed without specific statutory revision.
167	(6)(3)  The Department of State may adopt rules pursuant to
168	ss. 120.536(1) and 120.54 to administer the provisions of law
169	conferring duties upon the department.
170	Section 2.  Subsections (10) and (11) are added to section
171	14.2015, Florida Statutes, to read:
172	14.2015  Office of Tourism, Trade, and Economic
173	Development; creation; powers and duties.--
174	(10)  The Director of the Office of Tourism, Trade, and
175	Economic Development shall serve as the state protocol officer.
176	In consultation with the Governor and other governmental
177	officials, the Director of the Office of Tourism, Trade, and
178	Economic Development shall develop, maintain, publish, and
179	distribute the state protocol manual.
180	(11)  The Legislature authorizes the Office of Tourism,
181	Trade, and Economic Development to provide assistance and
182	facilities to the Organization of American States in
183	establishing and maintaining a regional headquarters in this
184	state.
185	Section 3.  Subsection (4) of section 15.09, Florida
186	Statutes, is amended to read:
187	15.09  Fees.--
188	(4)(a)  Except as provided in paragraph (b), all funds
189	collected by the Division of State Recordings Corporations of
190	the department shall be deposited in the General Revenue Fund.
191	(b)  All reinstatement fees, late fees, and penalties
192	collected pursuant to ss. 607.0122(13), 607.1422(1),
193	607.1502(4), 607.193(2)(b), 608.502, 617.0122(13), 617.1422(1),
194	and 617.1623(1) shall be deposited in the Cultural Institutions
195	Trust Fund and disbursed each fiscal year as follows:
196	1.  The sum of $2 million shall be transferred to the
197	Historical Resources Operating Trust Fund for the purpose of
198	funding historic preservation matching grants pursuant to s.
199	267.0617.
200	2.  The sum of $1.75 million shall be transferred to the
201	Historical Resources Operating Trust Fund for the purpose of
202	funding historical museum grants pursuant to s. 267.0619.
203	3.  The sum of $14.3 million shall be used for the purpose
204	of funding cultural grants as provided in ss. 265.286, 265.2861,
205	265.608, and 265.609.
206	4.  Any remaining proceeds shall be used for the purpose of
207	providing state matching funds for the Cultural Endowment
208	Program as provided in s. 265.606.
209
210	If proceeds fall below the amounts required to be disbursed in
211	subparagraphs 1.-3., the spending authority provided in this
212	paragraph for the Cultural Institutions Trust Fund and the
213	Historical Resources Operating Trust Fund shall be reduced
214	proportionally.
215	Section 4.  Subsection (3) of section 15.16, Florida
216	Statutes, is amended to read:
217	15.16  Reproduction of records; admissibility in evidence;
218	electronic receipt and transmission of records; certification;
219	acknowledgment.--
220	(3)  The Department of State may cause to be received
221	electronically any records that are required to be filed with it
222	pursuant to chapter 55, chapter 606, chapter 607, chapter 608,
223	chapter 617, chapter 620, chapter 621, chapter 679, chapter 713,
224	or chapter 865, through facsimile or other electronic transfers,
225	for the purpose of filing such records.  The originals of all
226	such electronically transmitted records must be executed in the
227	manner provided in paragraph (5)(b). The receipt of such
228	electronic transfer constitutes delivery to the department as
229	required by law.
230	Section 5.  Subsections (1) and (2) of section 15.182,
231	Florida Statutes, are amended to read:
232	15.182  International travel by state-funded musical,
233	cultural, or artistic organizations; notification to Office of
234	Tourism, Trade, and Economic Development Department of State.--
235	(1)  If a musical, cultural, or artistic organization that
236	receives state funding is traveling internationally for a
237	presentation, performance, or other significant public viewing,
238	including an organization associated with a college or
239	university, such organization shall notify the Office of
240	Tourism, Trade, and Economic Development Department of State of
241	its intentions to travel, together with the date, time, and
242	location of each appearance. It is the desire of the Legislature
243	that such cultural exchanges be coordinated with the state's
244	economic development goals. The Secretary of State shall notify
245	Enterprise Florida, Inc., of the intended travel schedule of all
246	such organizations, including, but not limited to, symphonies,
247	orchestras, dance troupes, bands, choirs, choral groups, drama
248	troupes, musical performing groups, traveling exhibitions
249	sponsored by museums, and performance artists.
250	(2)  The Office of Tourism, Trade, and Economic Development
251	Department of State, in conjunction with Enterprise Florida,
252	Inc., shall act as an intermediary between performing musical,
253	cultural, and artistic organizations and Florida businesses to
254	encourage and coordinate joint undertakings. Such coordination
255	may include, but is not limited to, encouraging business and
256	industry to sponsor cultural events, assistance with travel of
257	such organizations, and coordinating travel schedules of
258	cultural performance groups and international trade missions.
259	Section 6.  Section 119.092, Florida Statutes, is amended
260	to read:
261	119.092  Registration by federal employer's registration
262	number.--Each state agency which registers or licenses
263	corporations, partnerships, or other business entities shall
264	include, by July 1, 1978, within its numbering system, the
265	federal employer's identification number of each corporation,
266	partnership, or other business entity registered or licensed by
267	it. Any state agency may maintain a dual numbering system in
268	which the federal employer's identification number or the state
269	agency's own number is the primary identification number;
270	however, the records of such state agency shall be designed in
271	such a way that the record of any business entity is subject to
272	direct location by the federal employer's identification number.
273	The Department of State shall keep a registry of federal
274	employer's identification numbers of all business entities,
275	registered with the Division of State Recordings Corporations,
276	which registry of numbers may be used by all state agencies.
277	Section 7.  Subsection (1) of section 205.023, Florida
278	Statutes, is amended to read:
279	205.023  Requirement to report status of fictitious name
280	registration.--As a prerequisite to receiving a local
281	occupational license under this chapter or transferring a
282	business license under s. 205.033(2) or s. 205.043(2), the
283	applicant or new owner must present to the county or
284	municipality that has jurisdiction to issue or transfer the
285	license either:
286	(1)  A copy of the applicant's or new owner's current
287	fictitious name registration, issued by the Division of State
288	Recordings Corporations of the Department of State; or
289	Section 8.  Paragraph (b) of subsection (7) and subsection
290	(14) of section 213.053, Florida Statutes, are amended to read:
291	213.053  Confidentiality and information sharing.--
292	(7)  Notwithstanding any other provision of this section,
293	the department may provide:
294	(b)  Names, addresses, and dates of commencement of
295	business activities of corporations to the Division of State
296	Recordings Corporations of the Department of State in the
297	conduct of its official duties.
298
299	Disclosure of information under this subsection shall be
300	pursuant to a written agreement between the executive director
301	and the agency. Such agencies, governmental or nongovernmental,
302	shall be bound by the same requirements of confidentiality as
303	the Department of Revenue. Breach of confidentiality is a
304	misdemeanor of the first degree, punishable as provided by s.
305	775.082 or s. 775.083.
306	(14)(a)  Notwithstanding any other provision of this
307	section, the department shall, subject to the safeguards
308	specified in paragraph (c), disclose to the Division of State
309	Recordings Corporations of the Department of State the name,
310	address, federal employer identification number, and duration of
311	tax filings with this state of all corporate or partnership
312	entities which are not on file or have a dissolved status with
313	the Division of State Recordings Corporations and which have
314	filed tax returns pursuant to either chapter 199 or chapter 220.
315	(b)  The Division of State Recordings Corporations shall
316	use such information only in the pursuit of its official duties
317	relative to nonqualified foreign or dissolved corporations in
318	the recovery of fees and penalties due and owing the state.
319	(c)  All information exchanged between the Division of
320	State Recordings Corporations and the department shall be
321	subject to the same requirements of confidentiality as the
322	Department of Revenue.
323	Section 9.  Subsection (2) of section 213.50, Florida
324	Statutes, is amended to read:
325	213.50  Failure to comply; revocation of corporate charter;
326	refusal to reinstate charter.--
327	(2)  A request for reinstatement of a corporate charter may
328	not be granted by the Division of State Recordings Corporations
329	of the Department of State if an outstanding tax warrant has
330	existed for that corporation for more than 3 consecutive months.
331	Section 10.  Section 257.015, Florida Statutes, is created
332	to read:
333	257.015  Definitions.--As used in this chapter, the term:
334	(1)  "Department" means the Department of State.
335	(2)  "Division" means the Division of Library and
336	Information Services of the Department of State.
337	(3)  "Secretary" means the Secretary of State.
338	(4)  "State librarian" means the position to which a person
339	is appointed by the secretary pursuant to s. 257.031 as the
340	director of the Division of Library and Information Services.
341	Section 11.  Subsections (1) and (3) of section 257.02,
342	Florida Statutes, are amended, and subsection (4) is added to
343	said section, to read:
344	257.02  State Library Council.--
345	(1)  There shall be a State Library Council to advise and
346	assist the Division of Library and Information Services on its
347	programs and activities. The council shall consist of nine seven
348	members who shall be appointed by the Secretary of State. Of the
349	nine members at least one member of the council must represent a
350	Florida library professional association, at least one must
351	represent a Florida archive professional association, at least
352	one must represent a Florida records management professional
353	association, be a person who is 60 years of age or older; and at
354	least one member of the council must be a person who is not, and
355	has never been, employed in a library or in teaching library
356	science courses. Members shall be appointed for 4-year terms. A
357	vacancy on the council shall be filled for the period of the
358	unexpired term. No person may be appointed to serve more than
359	two consecutive terms as a member of the council.  The Secretary
360	of State may remove from office any council member for
361	malfeasance, misfeasance, neglect of duty, incompetence,
362	permanent inability to perform official duties, or pleading
363	guilty or nolo contendere to, or being found guilty of, a
364	felony. In addition to, and at the request of, the members of
365	the council appointed by the Secretary of State, the president-
366	elect of the Florida Library Association may serve as a member
367	of the council in a nonvoting capacity during his or her term as
368	president-elect.
369	(3)  The Secretary of State may, in making appointments,
370	consult Florida's library, archival, or records management
371	community the Florida Library Association and related statewide
372	associations and organizations for suggestions as to persons
373	having special knowledge and interest concerning libraries.
374	(4)  The officers of the State Library Council shall be a
375	chair, elected from the members thereof, and the State
376	Librarian, who shall serve without voting rights as secretary of
377	the council.
378	Section 12.  Section 257.031, Florida Statutes, is amended
379	to read:
380	257.031  State Librarian Organization of council;
381	appointment and duties of State Librarian.--
382	(1)  The officers of the State Library Council shall be a
383	chair, elected from the members thereof, and the State
384	Librarian, who shall serve without voting rights as secretary of
385	the council.  The State Librarian shall be appointed by the
386	Secretary of State, shall have completed a library school
387	program accredited by the American Library Association, and
388	shall serve as the director of the Division of Library and
389	Information Services of the Department of State.  The Secretary
390	of State may, in making the appointment of State Librarian,
391	consult the members of the State Library Council.
392	(2)  The State Librarian shall:
393	(a)  Keep a record of the proceedings of the State Library
394	Council;
395	(b)  Keep an accurate account of the financial transactions
396	of the division;
397	(c)  Have charge of the work of the division in organizing
398	new libraries and improving those already established; and
399	(d)  In general, perform such duties as may, from time to
400	time, be assigned to him or her by the Secretary of State; and.
401	(e)  Manage operations of the programs assigned by law to
402	the division.
403	Section 13.  Section 257.12, Florida Statutes, is amended
404	to read:
405	257.12   Division of Library and Information Services
406	authorized to accept and expend federal funds.--
407	(1)  The Division of Library and Information Services of
408	the Department of State is designated as the state library
409	administrative agency authorized to accept, receive, administer,
410	and expend any moneys, materials, or any other aid granted,
411	appropriated, or made available by the United States or any of
412	its agencies for the purpose of giving aid to libraries and
413	providing educational library service in the state.
414	(2)  The division is authorized to file any accounts
415	required by federal law or regulation with reference to
416	receiving and administering all such moneys, materials, and
417	other aid for said purposes; provided, however, that the
418	acceptance of such moneys, materials, and other aid shall not
419	deprive the state from complete control and supervision of its
420	library.
421	Section 14.  Section 257.192, Florida Statutes, is amended
422	to read:
423	257.192  Program grants.--The Division of Library and
424	Information Services is authorized to accept and administer
425	appropriations for library program grants and to make such
426	grants in accordance with the Florida long-range plan program
427	for library services.
428	Section 15.  Subsection (2) of section 257.41, Florida
429	Statutes, is amended to read:
430	257.41  Library cooperatives; organization; receipt of
431	state moneys.--
432	(2)  The Division of Library and Information Services of
433	the Department of State shall establish operating standards and
434	rules under which a library cooperative is eligible to receive
435	state moneys. The division shall issue a certificate to each
436	library cooperative that meets the standards and rules
437	established under this subsection.
438	Section 16.  Section 257.43, Florida Statutes, is created
439	to read:
440	257.43  Citizen support organization; use of state
441	administrative services and property; audit.--
442	(1)  CITIZEN SUPPORT ORGANIZATION.--The division may
443	support the establishment of a citizen support organization to
444	provide assistance, funding, and promotional support for the
445	library, archives, and records management programs of the
446	division. For the purposes of this section, a "citizen support
447	organization" shall mean an organization which is:
448	(a)  A Florida corporation not for profit incorporated
449	under the provisions of chapter 617 and approved by the
450	Department of State.
451	(b)  Organized and operated to conduct programs and
452	activities; raise funds; request and receive grants, gifts, and
453	bequests of money; acquire, receive, hold, invest, and
454	administer, in its own name, securities, funds, objects of
455	value, or other property, real or personal; and make
456	expenditures to or for the direct or indirect benefit of the
457	division or individual program units of the division.
458	(c)  Determined by the division to be consistent with the
459	goals of the division and in the best interests of the state.
460	(d)  Approved in writing by the division to operate for the
461	direct or indirect benefit of the division; such approval shall
462	be given in a letter of agreement from the division.
463	(2)  USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--
464	(a)  The division may fix and collect charges for the
465	rental of facilities and properties managed by the division and
466	may permit, without charge, appropriate use of administrative
467	services, property, and facilities of the division by a citizen
468	support organization, subject to the provisions of this section.
469	Such use must be directly in keeping with the approved purposes
470	of the citizen support organization and may not be made at times
471	or places that would unreasonably interfere with opportunities
472	for the general public to use such facilities for established
473	purposes. Any moneys received from rentals of facilities and
474	properties managed by the division may be held in the operating
475	trust fund of the division or in a separate depository account
476	in the name of the citizen support organization and subject to
477	the provisions of the letter of agreement with the division.
478	(b)  The division may prescribe by rule any condition with
479	which a citizen support organization shall comply in order to
480	use division administrative services, property, or facilities.
481	(c)  The division shall not permit the use of any
482	administrative services, property, or facilities of the state by
483	a citizen support organization which does not provide equal
484	membership and employment opportunities to all persons
485	regardless of race, color, religion, sex, age, or national
486	origin.
487	(3)  ANNUAL AUDIT.--The citizen support organization shall
488	provide for an annual financial audit in accordance with s.
489	215.981. The identity of donors who desire to remain anonymous
490	shall be confidential and exempt from the provisions of s.
491	119.07(1), and that anonymity shall be maintained in the
492	auditor's report.
493	Section 17.  Subsection (1) of section 265.284, Florida
494	Statutes, is amended, subsection (7) is renumbered as subsection
495	(6), and present subsection (6) of said section is amended, to
496	read:
497	265.284  Chief cultural officer; director of division;
498	powers and duties.--
499	(1)  The Secretary of State is the shall be chief cultural
500	officer of the state and the Division of Cultural Affairs is
501	designated as the state arts administrative agency.
502	(6)  Subject to funding by the Legislature, there are
503	created the State Orchestra Program, State Dance Program, and
504	State Opera Program, each to be administered as part of, and
505	under the direct supervision of, the Division of Cultural
506	Affairs.
507	Section 18.  Subsection (4) of section 265.2865, Florida
508	Statutes, is amended to read:
509	265.2865  Florida Artists Hall of Fame.--
510	(4)  In the first year, the Secretary of State shall name
511	no more than 12 members to the Florida Artists Hall of Fame.
512	Thereafter, The Secretary of State shall name no more than four
513	members to the Florida Artists Hall of Fame in any one 1 year.
514	Section 19.  Paragraph (c) is added to subsection (4) of
515	section 265.606, Florida Statutes, to read:
516	265.606  Cultural Endowment Program; administration;
517	qualifying criteria; matching fund program levels;
518	distribution.--
519	(4)  Once the secretary has determined that the sponsoring
520	organization has complied with the criteria imposed by this
521	section, he or she may authorize the transfer of the appropriate
522	state matching funds to the organization. However, the secretary
523	shall ensure that the local group has made prudent arrangements
524	for the trusteeship of the entire endowment, and such
525	trusteeship is hereby created. The sponsoring organization may
526	then expend moneys in the endowment program fund, subject to the
527	following requirements:
528	(c)  Any contract administered under this section shall
529	require the local sponsoring organization to submit to the
530	division an annual postaudit of its financial accounts conducted
531	by an independent certified public accountant.
532	Section 20.  Subsection (4) of section 265.701, Florida
533	Statutes, is renumbered as subsection (5), and a new subsection
534	(4) is added to said section to read:
535	265.701  Cultural facilities; grants for acquisition,
536	renovation, or construction; funding; approval; allocation.--
537	(4)  Any contract administered under this section shall
538	require the recordation of a restrictive covenant by the grantee
539	and property owner or the purchase of a bond as prescribed by
540	rule to ensure that the facility continues to be used as a
541	cultural facility for a period of 10 years following the grant
542	award. If the facility ceases to be used as a cultural facility
543	during the 10 years following the grant award, the grant funds
544	shall be repaid to the department according to an amortization
545	schedule set forth in rule.
546	Section 21.  Subsection (8) of section 265.702, Florida
547	Statutes, is renumbered as subsection (9), and a new subsection
548	(8) is added to said section to read:
549	265.702  Regional cultural facilities; grants for
550	acquisition, renovation, or construction; funding; approval;
551	allocation.--
552	(8)  Any contract administered under this section shall
553	require the recordation of a restrictive covenant by the grantee
554	and property owner or the purchase of a bond as prescribed by
555	rule to ensure that the facility continues to be used as a
556	regional cultural facility for a period of 10 years following
557	the grant award. If the facility ceases to be used as a cultural
558	facility during the 10 years following the grant award, the
559	grant funds shall be repaid to the department according to an
560	amortization schedule set forth in rule.
561	Section 22.  Section 265.703, Florida Statutes, is created
562	to read:
563	265.703  Citizen support organization; use of state
564	administrative services and property; audit.--
565	(1)  CITIZEN SUPPORT ORGANIZATION.--The division may
566	support the establishment of a citizen support organization to
567	provide assistance, funding, and promotional support for the
568	cultural and arts programs of the division. For the purposes of
569	this section, a "citizen support organization" shall mean an
570	organization which is:
571	(a)  A Florida corporation not for profit incorporated
572	under the provisions of chapter 617 and approved by the
573	Department of State.
574	(b)  Organized and operated to conduct programs and
575	activities; raise funds; request and receive grants, gifts, and
576	bequests of money; acquire, receive, hold, invest, and
577	administer, in its own name, securities, funds, objects of
578	value, or other property, real or personal; and make
579	expenditures to or for the direct or indirect benefit of the
580	division or individual program units of the division.
581	(c)  Determined by the division to be consistent with the
582	goals of the division and in the best interests of the state.
583	(d)  Approved in writing by the division to operate for the
584	direct or indirect benefit of the division; such approval shall
585	be given in a letter of agreement from the division.
586	(2)  USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--
587	(a)  The division may fix and collect charges for the
588	rental of facilities and properties managed by the division and
589	may permit, without charge, appropriate use of administrative
590	services, property, and facilities of the division by a citizen
591	support organization, subject to the provisions of this section.
592	Such use must be directly in keeping with the approved purposes
593	of the citizen support organization and may not be made at times
594	or places that would unreasonably interfere with opportunities
595	for the general public to use such facilities for established
596	purposes. Any moneys received from rentals of facilities and
597	properties managed by the division may be held in the operating
598	trust fund of the division or in a separate depository account
599	in the name of the citizen support organization and subject to
600	the provisions of the letter of agreement with the division.
601	(b)  The division may prescribe by rule any condition with
602	which a citizen support organization shall comply in order to
603	use division administrative services, property, or facilities.
604	(c)  The division shall not permit the use of any
605	administrative services, property, or facilities of the state by
606	a citizen support organization which does not provide equal
607	membership and employment opportunities to all persons
608	regardless of race, color, religion, sex, age, or national
609	origin.
610	(3)  ANNUAL AUDIT.--The citizen support organization shall
611	provide for an annual financial audit in accordance with s.
612	215.981. The identity of donors who desire to remain anonymous
613	shall be confidential and exempt from the provisions of s.
614	119.07(1), and that anonymity shall be maintained in the
615	auditor's report.
616	Section 23.  Subsections (6) and (7) of section 267.031,
617	Florida Statutes, are renumbered as subsections (7) and (8),
618	respectively, paragraph (p) is added to subsection (5), and a
619	new subsection (6) is added to said section, to read:
620	267.031  Division of Historical Resources; powers and
621	duties.--
622	(5)  It is the responsibility of the division to:
623	(p)  Advise and assist, as appropriate, federal and state
624	agencies, local governments and organizations, and individuals
625	in the recognition, protection, and preservation of Florida's
626	archaeological sites and artifacts both directly and through a
627	memorandum of agreement with a network of public archaeology
628	centers as described in s. 267.145.
629	(6)  The division may enter into a memorandum of agreement
630	with the University of West Florida to coordinate the
631	establishment and operation of a network of regional public
632	archaeology centers to provide public outreach and assistance to
633	local governments in identifying, evaluating, developing, and
634	preserving the archaeology in their local areas and in assisting
635	the division in its archaeological responsibilities as outlined
636	in this chapter and the memorandum of agreement.
637	Section 24.  Paragraph (a) of subsection (1) of section
638	267.0612, Florida Statutes, is amended to read:
639	267.0612  Florida Historical Commission; creation;
640	membership; powers and duties.--In order to enhance public
641	participation and involvement in the preservation and protection
642	of the state's historic and archaeological sites and properties,
643	there is created within the Department of State the "Florida
644	Historical Commission."  The commission shall serve in an
645	advisory capacity to the director of the Division of Historical
646	Resources to assist the director in carrying out the purposes,
647	duties, and responsibilities of the division, as specified in
648	this chapter.
649	(1)(a)  The commission shall be composed of 11 members.
650	Seven members shall be appointed by the Governor in consultation
651	with the Secretary of State, two members shall be appointed by
652	the President of the Senate, and two members shall be appointed
653	by the Speaker of the House of Representatives. Of the seven
654	members appointed by the Governor, one member must be a licensed
655	architect who has expertise in historic preservation and
656	architectural history; one member must be a professional
657	historian in the field of American history; one member must be a
658	professional architectural historian; one member must be an
659	archaeologist specializing in the field of prehistory; and one
660	member must be an archaeologist specializing in the historic
661	period. The remaining two members appointed by the Governor and
662	the two members appointed by the President of the Senate and the
663	Speaker of the House of Representatives, respectively, must be
664	representatives of the general public with demonstrated interest
665	in the preservation of Florida's historical and archaeological
666	heritage.  At least one member of the commission shall be a
667	resident of a county that has a population of 75,000 or fewer
668	less. A member whose term has expired shall continue to serve on
669	the commission until such time as a replacement is appointed.
670	Section 25.  Paragraphs (b) and (c) of subsection (1) of
671	section 267.0731, Florida Statutes, are amended to read:
672	267.0731  Great Floridians Program.--The division shall
673	establish and administer a program, to be entitled the Great
674	Floridians Program, which shall be designed to recognize and
675	record the achievements of Floridians, living and deceased, who
676	have made major contributions to the progress and welfare of
677	this state.
678	(1)  The division shall nominate present or former citizens
679	of this state, living or deceased, who during their lives have
680	made major contributions to the progress of the nation or this
681	state and its citizens. Nominations shall be submitted to the
682	Secretary of State who shall select from those nominated not
683	less than two persons each year who shall be honored with the
684	designation "Great Floridian," provided no person whose
685	contributions have been through elected or appointed public
686	service shall be selected while holding any such office.
687	(b)  In formulating its nominations, the division shall
688	also seek the assistance of the organization Museum of Florida
689	History Foundation, Inc., or its successor, acting in the
690	capacity as a citizen support organization of the division,
691	pursuant to s. 267.17 and approved to act on behalf of the
692	Museum of Florida History.
693	(c)  Annually, the division shall convene an ad hoc
694	committee composed of representatives of the Governor, each
695	member of the Florida Cabinet, the President of the Senate, the
696	Speaker of the House of Representatives, and the organization
697	described in paragraph (b) Museum of Florida History Foundation,
698	Inc. This committee shall meet at least twice. The committee
699	shall nominate not fewer than two persons whose names shall be
700	submitted to the Secretary of State with the recommendation that
701	they be honored with the designation "Great Floridian."
702	Section 26.  Section 267.14, Florida Statutes, is amended
703	to read:
704	267.14  Legislative intent.--It is hereby declared to be
705	the public policy of the state to preserve archaeological sites
706	and objects of antiquity for the public benefit and to limit
707	exploration, excavation, and collection of such matters to
708	qualified persons and educational institutions possessing the
709	requisite skills and purpose to add to the general store of
710	knowledge concerning history, archaeology, and anthropology. It
711	is further declared to be the public policy of the state to
712	provide public outreach and assistance to local governments in
713	identifying, evaluating, developing, and preserving the
714	archaeology in their local areas through the establishment of a
715	network of regional public archaeology centers. It is further
716	declared to be the public policy of the state that field
717	investigation activities on privately owned lands should be
718	discouraged except in accordance with both the provisions and
719	spirit of ss. 267.11-267.145 267.11-267.14; and persons having
720	knowledge of the location of archaeological sites are encouraged
721	to communicate such information to the division.
722	Section 27.  Section 267.145, Florida Statutes, is created
723	to read:
724	267.145  Florida network of public archaeology centers.--
725	(1)  The Department of State shall create, through a
726	memorandum of agreement, a Florida network of public archaeology
727	centers to help stem the rapid deterioration of this state's
728	buried past and to expand public interest in archaeology. The
729	network of public archaeology centers shall work in cooperation
730	with the State Historic Preservation Officer and the division
731	through the memorandum of agreement.
732	(2)  The network of public archaeology centers shall be
733	administered through a public archaeology center at the
734	University of West Florida. Additional centers shall be
735	established throughout the state with each center located in an
736	existing facility, free of charge, of a state university with a
737	local archaeological program, a regional historic preservation
738	office, a nonprofit organization that is involved in the
739	archaeology of the region, or other locations as set forth in
740	the memorandum of agreement.
741	Section 28.  Subsections (3) and (4) of section 267.16,
742	Florida Statutes, are renumbered as subsections (4) and (5),
743	respectively, and subsection (3) of said section is amended to
744	read:
745	267.16  Florida Folklife Programs.--It is the duty and
746	responsibility of the division to:
747	(3)  Use the facilities at the Stephen Foster State Folk
748	Culture Center as the primary location of the annual Florida
749	Folk Festival.
750	Section 29.  Section 288.0251, Florida Statutes, is amended
751	to read:
752	288.0251  International development outreach activities in
753	Latin America and Caribbean Basin.--The Office of Tourism,
754	Trade, and Economic Development Department of State may contract
755	for the implementation of Florida's international volunteer
756	corps to provide short-term training and technical assistance
757	activities in Latin America and the Caribbean Basin. The entity
758	contracted under this section must require that such activities
759	be conducted by qualified volunteers who are citizens of the
760	state. The contracting agency must have a statewide focus and
761	experience in coordinating international volunteer programs.
762	Section 30.  Subsections (1), (2), and (3) of section
763	288.809, Florida Statutes, are amended to read:
764	288.809  Florida Intergovernmental Relations Foundation;
765	use of property; board of directors; audit.--
766	(1)  DEFINITIONS.--For the purposes of this section, the
767	term:
768	(a)  "Florida Intergovernmental Relations Foundation" means
769	a direct-support organization:
770	1.  Which is a corporation not for profit that is
771	incorporated under the provisions of chapter 617 and approved by
772	the Department of State;
773	2.  Which is organized and operated exclusively to solicit,
774	receive, hold, invest, and administer property and, subject to
775	the approval of the Office of Tourism, Trade, and Economic
776	Development Department of State, to make expenditures to or for
777	the promotion of intergovernmental relations programs; and
778	3.  Which the Office of Tourism, Trade, and Economic
779	Development Department of State, after review, has certified to
780	be operating in a manner consistent with the policies and goals
781	of the office department.
782	(b)  "Personal services" includes full-time or part-time
783	personnel, as well as payroll processing.
784	(2)  USE OF PROPERTY.--The Office of Tourism, Trade, and
785	Economic Development department:
786	(a)  Is authorized to permit the use of property,
787	facilities, and personal services of the Office of Tourism,
788	Trade, and Economic Development department by the foundation,
789	subject to the provisions of this section.
790	(b)  Shall prescribe conditions with which the foundation
791	must comply in order to use property, facilities, or personal
792	services of the Office of Tourism, Trade, and Economic
793	Development department. Such conditions shall provide for budget
794	and audit review and for oversight by the Office of Tourism,
795	Trade, and Economic Development department.
796	(c)  Shall not permit the use of property, facilities, or
797	personal services of the foundation if the foundation does not
798	provide equal employment opportunities to all persons,
799	regardless of race, color, national origin, sex, age, or
800	religion.
801	(3)  BOARD OF DIRECTORS.--The board of directors of the
802	foundation shall be composed of seven members appointed by the
803	Governor Secretary of State, of whom no more than three shall be
804	employees or elected officials of the state.
805	Section 31.  Section 288.816, Florida Statutes, is amended
806	to read:
807	288.816  Intergovernmental relations.--
808	(1)  The Office of Tourism, Trade, and Economic Development
809	Secretary of State shall be responsible for consular operations
810	and the sister city and sister state program and shall serve as
811	liaison with foreign, federal, and other state international
812	organizations and with county and municipal governments in
813	Florida.
814	(2)  The Office of Tourism, Trade, and Economic Development
815	secretary shall be responsible for all consular relations
816	between the state and all foreign governments doing business in
817	Florida. The office secretary shall monitor United States laws
818	and directives to ensure that all federal treaties regarding
819	foreign privileges and immunities are properly observed. The
820	office secretary shall promulgate rules which shall:
821	(a)  Establish a viable system of registration for foreign
822	government officials residing or having jurisdiction in the
823	state. Emphasis shall be placed on maintaining active
824	communication between the Office of Tourism, Trade, and Economic
825	Development secretary and the United States Department of State
826	in order to be currently informed regarding foreign governmental
827	personnel stationed in, or with official responsibilities for,
828	Florida. Active dialogue shall also be maintained with foreign
829	countries which historically have had dealings with Florida in
830	order to keep them informed of the proper procedure for
831	registering with the state.
832	(b)  Maintain and systematically update a current and
833	accurate list of all such foreign governmental officials,
834	consuls, or consulates.
835	(c)  Issue certificates to such foreign governmental
836	officials after verification pursuant to proper investigations
837	through United States Department of State sources and the
838	appropriate foreign government.
839	(d)  Verify entitlement to sales and use tax exemptions
840	pursuant to United States Department of State guidelines and
841	identification methods.
842	(e)  Verify entitlement to issuance of special motor
843	vehicle license plates by the Division of Motor Vehicles of the
844	Department of Highway Safety and Motor Vehicles to honorary
845	consuls or such other officials representing foreign governments
846	who are not entitled to issuance of special Consul Corps license
847	plates by the United States Government.
848	(f)  Establish a system of communication to provide all
849	state and local law enforcement agencies with information
850	regarding proper procedures relating to the arrest or
851	incarceration of a foreign citizen.
852	(g)  Request the Department of Law Enforcement to provide
853	transportation and protection services when necessary pursuant
854	to s. 943.68.
855	(h)  Coordinate, when necessary, special activities between
856	foreign governments and Florida state and local governments.
857	These may include Consular Corps Day, Consular Corps
858	conferences, and various other social, cultural, or educational
859	activities.
860	(i)  Notify all newly arrived foreign governmental
861	officials of the services offered by the Office of Tourism,
862	Trade, and Economic Development secretary.
863	(3)  The Office of Tourism, Trade, and Economic Development
864	Secretary of State shall operate the sister city and sister
865	state program and establish such new programs as needed to
866	further global understanding through the interchange of people,
867	ideas, and culture between Florida and the world. To accomplish
868	this purpose, the office secretary shall have the power and
869	authority to:
870	(a)  Coordinate and carry out activities designed to
871	encourage the state and its subdivisions to participate in
872	sister city and sister state affiliations with foreign countries
873	and their subdivisions. Such activities may include a State of
874	Florida sister cities conference.
875	(b)  Encourage cooperation with and disseminate information
876	pertaining to the Sister Cities International Program and any
877	other program whose object is to promote linkages with foreign
878	countries and their subdivisions.
879	(c)  Maximize any aid available from all levels of
880	government, public and private agencies, and other entities to
881	facilitate such activities.
882	(d)  Establish a viable system of registration for sister
883	city and sister state affiliations between the state and foreign
884	countries and their subdivisions. Such system shall include a
885	method to determine that sufficient ties are properly
886	established as well as a method to supervise how these ties are
887	maintained.
888	(e)  Maintain a current and accurate listing of all such
889	affiliations. Sister city affiliations shall not be discouraged
890	between the state and any country specified in s. 620(f)(1) of
891	the federal Foreign Assistance Act of 1961, as amended, with
892	whom the United States is currently conducting diplomatic
893	relations unless a mandate from the United States Government
894	expressly prohibits such affiliations.
895	(4)  The Office of Tourism, Trade, and Economic Development
896	Secretary of State shall serve as a contact for the state with
897	the Florida Washington Office, the Florida Congressional
898	Delegation, and United States Government agencies with respect
899	to laws or policies which may affect the interests of the state
900	in the area of international relations. All inquiries received
901	regarding international economic trade development or reverse
902	investment opportunities shall be referred to Enterprise
903	Florida, Inc. In addition, the office secretary shall serve as
904	liaison with other states with respect to international programs
905	of interest to Florida. The office secretary shall also
906	investigate and make suggestions regarding possible areas of
907	joint action or regional cooperation with these states.
908	(5)  The Office of Tourism, Trade, and Economic Development
909	Secretary of State shall have the power and duty to encourage
910	the relocation to Florida of consular offices and multilateral
911	and international agencies and organizations.
912	(6)  The Office of Tourism, Trade, and Economic Development
913	Secretary of State, through membership on the board of directors
914	of Enterprise Florida, Inc., shall help to contribute an
915	international perspective to the state's development efforts.
916	Section 32.  Subsection (1) of section 288.8175, Florida
917	Statutes, is amended to read:
918	288.8175  Linkage institutes between postsecondary
919	institutions in this state and foreign countries.--
920	(1)  As used in this section, the term "department" means
921	the Department of Education State.
922	Section 33.  Subsection (9) and paragraph (b) of subsection
923	(15) of section 440.02, Florida Statutes, are amended to read:
924	440.02  Definitions.--When used in this chapter, unless the
925	context clearly requires otherwise, the following terms shall
926	have the following meanings:
927	(9)  "Corporate officer" or "officer of a corporation"
928	means any person who fills an office provided for in the
929	corporate charter or articles of incorporation filed with the
930	Division of State Recordings Corporations of the Department of
931	State or as permitted or required by chapter 607. As to persons
932	engaged in the construction industry, the term "officer of a
933	corporation" includes a member owning at least 10 percent of a
934	limited liability company created and approved under chapter
935	608.
936	(15)
937	(b)  "Employee" includes any person who is an officer of a
938	corporation and who performs services for remuneration for such
939	corporation within this state, whether or not such services are
940	continuous.
941	1.  Any officer of a corporation may elect to be exempt
942	from this chapter by filing written notice of the election with
943	the department as provided in s. 440.05.
944	2.  As to officers of a corporation who are engaged in the
945	construction industry, no more than three officers of a
946	corporation or of any group of affiliated corporations may elect
947	to be exempt from this chapter by filing written notice of the
948	election with the department as provided in s. 440.05. Officers
949	must be shareholders, each owning at least 10 percent of the
950	stock of such corporation and listed as an officer of such
951	corporation with the Division of State Recordings Corporations
952	of the Department of State, in order to elect exemptions under
953	this chapter. For purposes of this subparagraph, the term
954	"affiliated" means and includes one or more corporations or
955	entities, any one of which is a corporation engaged in the
956	construction industry, under the same or substantially the same
957	control of a group of business entities which are connected or
958	associated so that one entity controls or has the power to
959	control each of the other business entities. The term
960	"affiliated" includes, but is not limited to, the officers,
961	directors, executives, shareholders active in management,
962	employees, and agents of the affiliated corporation. The
963	ownership by one business entity of a controlling interest in
964	another business entity or a pooling of equipment or income
965	among business entities shall be prima facie evidence that one
966	business is affiliated with the other.
967	3.  An officer of a corporation who elects to be exempt
968	from this chapter by filing a written notice of the election
969	with the department as provided in s. 440.05 is not an employee.
970
971	Services are presumed to have been rendered to the corporation
972	if the officer is compensated by other than dividends upon
973	shares of stock of the corporation which the officer owns.
974	Section 34.  Subsections (3) and (11) of section 440.05,
975	Florida Statutes, are amended to read:
976	440.05  Election of exemption; revocation of election;
977	notice; certification.--
978	(3)  Each officer of a corporation who is engaged in the
979	construction industry and who elects an exemption from this
980	chapter or who, after electing such exemption, revokes that
981	exemption, must mail a written notice to such effect to the
982	department on a form prescribed by the department. The notice of
983	election to be exempt from the provisions of this chapter must
984	be notarized and under oath. The notice of election to be exempt
985	which is submitted to the department by the officer of a
986	corporation who is allowed to claim an exemption as provided by
987	this chapter must list the name, federal tax identification
988	number, social security number, all certified or registered
989	licenses issued pursuant to chapter 489 held by the person
990	seeking the exemption, a copy of relevant documentation as to
991	employment status filed with the Internal Revenue Service as
992	specified by the department, a copy of the relevant occupational
993	license in the primary jurisdiction of the business, and the
994	registration number of the corporation filed with the Division
995	of State Recordings Corporations of the Department of State
996	along with a copy of the stock certificate evidencing the
997	required ownership under this chapter. The notice of election to
998	be exempt must identify each corporation that employs the person
999	electing the exemption and must list the social security number
1000	or federal tax identification number of each such employer and
1001	the additional documentation required by this section. In
1002	addition, the notice of election to be exempt must provide that
1003	the officer electing an exemption is not entitled to benefits
1004	under this chapter, must provide that the election does not
1005	exceed exemption limits for officers provided in s. 440.02, and
1006	must certify that any employees of the corporation whose officer
1007	elects an exemption are covered by workers' compensation
1008	insurance. Upon receipt of the notice of the election to be
1009	exempt, receipt of all application fees, and a determination by
1010	the department that the notice meets the requirements of this
1011	subsection, the department shall issue a certification of the
1012	election to the officer, unless the department determines that
1013	the information contained in the notice is invalid. The
1014	department shall revoke a certificate of election to be exempt
1015	from coverage upon a determination by the department that the
1016	person does not meet the requirements for exemption or that the
1017	information contained in the notice of election to be exempt is
1018	invalid. The certificate of election must list the name of the
1019	corporation listed in the request for exemption. A new
1020	certificate of election must be obtained each time the person is
1021	employed by a new or different corporation that is not listed on
1022	the certificate of election. A copy of the certificate of
1023	election must be sent to each workers' compensation carrier
1024	identified in the request for exemption. Upon filing a notice of
1025	revocation of election, an officer who is a subcontractor or an
1026	officer of a corporate subcontractor must notify her or his
1027	contractor. Upon revocation of a certificate of election of
1028	exemption by the department, the department shall notify the
1029	workers' compensation carriers identified in the request for
1030	exemption.
1031	(11)  Any corporate officer permitted by this chapter to
1032	claim an exemption must be listed on the records of this state's
1033	Secretary of State, Division of State Recordings Corporations,
1034	as a corporate officer. The department shall issue a stop-work
1035	order under s. 440.107(1) to any corporation who employs a
1036	person who claims to be exempt as a corporate officer but who
1037	fails or refuses to produce the documents required under this
1038	subsection to the department within 3 business days after the
1039	request is made.
1040	Section 35.  Subsection (4) of section 607.0401, Florida
1041	Statutes, is amended to read:
1042	607.0401  Corporate name.--A corporate name:
1043	(4)  Must be distinguishable from the names of all other
1044	entities or filings, except fictitious name registrations
1045	pursuant to s. 865.09, organized, registered, or reserved under
1046	the laws of this state, which names are on file with the
1047	Division of State Recordings Corporations.
1048	Section 36.  Paragraph (b) of subsection (1) and subsection
1049	(2) of section 607.1506, Florida Statutes, are amended to read:
1050	607.1506  Corporate name of foreign corporation.--
1051	(1)  A foreign corporation is not entitled to file an
1052	application for a certificate of authority unless the corporate
1053	name of such corporation satisfies the requirements of s.
1054	607.0401. If the corporate name of a foreign corporation does
1055	not satisfy the requirements of s. 607.0401, the foreign
1056	corporation, to obtain or maintain a certificate of authority to
1057	transact business in this state:
1058	(b)  May use an alternate name to transact business in this
1059	state if its real name is unavailable. Any such alternate
1060	corporate name, adopted for use in this state, shall be cross-
1061	referenced to the real corporate name in the records of the
1062	Division of State Recordings Corporations. If the corporation's
1063	real corporate name becomes available in this state or the
1064	corporation chooses to change its alternate name, a copy of the
1065	resolution of its board of directors changing or withdrawing the
1066	alternate name, executed as required by s. 607.0120, shall be
1067	delivered for filing.
1068	(2)  The corporate name (including the alternate name) of a
1069	foreign corporation must be distinguishable upon the records of
1070	the Division of State Recordings Corporations from:
1071	(a)  Any corporate name of a corporation incorporated or
1072	authorized to transact business in this state;
1073	(b)  The alternate name of another foreign corporation
1074	authorized to transact business in this state;
1075	(c)  The corporate name of a not-for-profit corporation
1076	incorporated or authorized to transact business in this state;
1077	and
1078	(d)  The names of all other entities or filings, except
1079	fictitious name registrations pursuant to s. 865.09, organized
1080	or registered under the laws of this state that are on file with
1081	the Division of State Recordings Corporations.
1082	Section 37.  Paragraph (e) of subsection (1) of section
1083	617.0401, Florida Statutes, is amended to read:
1084	617.0401  Corporate name.--
1085	(1)  A corporate name:
1086	(e)  Must be distinguishable from the names of all other
1087	entities or filings, except fictitious name registrations
1088	pursuant to s. 865.09, organized, registered, or reserved under
1089	the laws of this state, that are on file with the Division of
1090	State Recordings Corporations.
1091	Section 38.  Subsections (2) and (4) of section 617.1506,
1092	Florida Statutes, are amended to read:
1093	617.1506  Corporate name of foreign corporation.--
1094	(2)  The corporate name, including the alternate name, of a
1095	foreign corporation must be distinguishable, within the records
1096	of the Division of State Recordings Corporations, from:
1097	(a)  The alternate name of another foreign corporation
1098	authorized to transact business in this state.
1099	(b)  The corporate name of a not-for-profit corporation
1100	incorporated or authorized to transact business in this state.
1101	(c)  The names of all other entities or filings, except
1102	fictitious name registrations pursuant to s. 865.09, organized,
1103	or registered under the laws of this state, that are on file
1104	with the Division of State Recordings Corporations.
1105	(4)  The corporate name must be distinguishable from the
1106	names of all other entities or filings, organized, registered,
1107	or reserved under the laws of the state that are on file with
1108	the Division of State Recordings Corporations, except fictitious
1109	name registrations pursuant to s. 865.09.
1110	Section 39.  Subsection (3) of section 620.103, Florida
1111	Statutes, is amended to read:
1112	620.103  Name of limited partnership.--The name of each
1113	domestic limited partnership as set forth in its certificate of
1114	limited partnership and the name of each foreign limited
1115	partnership as set forth in its application for registration as
1116	a foreign limited partnership:
1117	(3)  Must be distinguishable from the names of all other
1118	entities or filings, except fictitious name registrations
1119	pursuant to s. 865.09, organized, registered, or reserved under
1120	the laws of this state, the names of which are on file with the
1121	Division of State Recordings Corporations of the Department of
1122	State.
1123	Section 40.  Paragraph (c) of subsection (2) of section
1124	865.09, Florida Statutes, is amended to read:
1125	865.09  Fictitious name registration.--
1126	(2)  DEFINITIONS.--As used in this section:
1127	(c)  "Division" means the Division of State Recordings
1128	Corporations of the Department of State.
1129	Section 41.  The following programs, functions, and
1130	activities are hereby transferred by a type two transfer, as
1131	defined in s. 20.06(2), Florida Statutes, from the Department of
1132	State to the Office of Tourism, Trade, and Economic Development
1133	within the Executive Office of the Governor:
1134	(1)  The provision of assistance and facilities to the
1135	Organization of American States, as authorized and governed by
1136	s. 15.17, Florida Statutes, as that section existed on June 30,
1137	2004.
1138	(2)  State protocol officer functions, as authorized and
1139	governed by s. 15.19, Florida Statutes, as that section existed
1140	on June 30, 2004.
1141	(3)  International development outreach activities in Latin
1142	America and the Caribbean Basin, as authorized and governed by
1143	s. 288.0251, Florida Statutes.
1144	(4)  The Florida Intergovernmental Relations Foundation, as
1145	authorized and governed by s. 288.809, Florida Statutes.
1146	(5)  Intergovernmental relations functions, as authorized
1147	and governed by s. 288.816, Florida Statutes.
1148
1149	Notwithstanding s. 20.06(2), Florida Statutes, trust funds
1150	associated with these programs, functions, and activities shall
1151	remain within the Department of State.
1152	Section 42.  Linkage institutes between postsecondary
1153	institutions in this state and foreign countries, as authorized
1154	and governed by s. 288.8175, Florida Statutes, are hereby
1155	transferred by a type two transfer, as defined in s. 20.06(2),
1156	Florida Statutes, from the Department of State to the Department
1157	of Education. Notwithstanding s. 20.06(2), Florida Statutes,
1158	trust funds associated with these institutes shall remain within
1159	the Department of State.
1160	Section 43.  Sections 15.0913, 15.17, 15.19, 265.51,
1161	265.52, 265.53, 265.54, 265.55, and 265.56, Florida Statutes,
1162	are repealed.
1163	Section 44.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.