Senate Bill sb1652c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
By the Committee on Governmental Oversight and Productivity;
and Senator Wise
5-2484C-04
1 A bill to be entitled
2 An act relating to the Department of State;
3 amending s. 20.10, F.S.; reorganizing the
4 department; providing for an Assistant
5 Secretary of State and deputy secretaries;
6 renaming the Division of Corporations;
7 providing for a Bureau of Central Computing
8 Support Services; providing direction relating
9 to departmental grants processes and programs;
10 prohibiting changes to statutorily required
11 responsibilities and duties without specific
12 statutory revision; amending ss. 119.092,
13 205.023, 213.053, 213.50, 440.02, 440.05,
14 607.0401, 607.1506, 617.0401, 617.1506,
15 620.103, and 865.09, F.S., to conform; amending
16 s. 14.2015, F.S.; providing for the performance
17 of state protocol officer functions and the
18 provision of assistance and facilities to the
19 Organization of American States by the Officer
20 of Tourism, Trade, and Economic Development;
21 amending s. 15.16, F.S.; deleting specific
22 statutory citations for required filings of
23 records that may be required to be filed
24 electronically; amending s. 15.182, F.S.;
25 providing for notification of the Office of
26 Tourism, Trade, and Economic Development
27 regarding international travel by certain
28 cultural arts organizations; creating s.
29 257.015, F.S.; providing definitions; amending
30 s. 257.02, F.S.; revising the membership of the
31 State Library Council; increasing the size of
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 the council; providing criteria for membership
2 and a selection process; providing for election
3 of officers; amending s. 257.031, F.S.;
4 deleting a reference to the State Library
5 Council and provisions for officers; adding
6 responsibilities for the State Librarian;
7 amending s. 257.12, F.S.; designating the
8 Division of Library and Information Services as
9 the state library administrative agency;
10 amending s. 257.192, F.S.; correcting
11 provisions; amending s. 257.41, F.S.; deleting
12 a requirement for issuance of a certificate to
13 library cooperatives; creating s. 257.43, F.S.;
14 providing for the establishment of a citizens
15 support organization for certain purposes;
16 providing for use of administrative services
17 and property; requiring an annual audit;
18 creating s. 257.44, F.S.; defining terms;
19 requiring public libraries to provide
20 technology that protects against Internet
21 access to specified proscribed visual
22 depictions; allowing adults to request
23 disablement of the technology for specified
24 purposes; requiring a public library to post
25 notice of its Internet safety policy; providing
26 for the assessment of a fine and attorney's
27 fees and costs in connection with a violation
28 by a public library; directing the Division of
29 Library and Information Services within the
30 Department of State to adopt rules requiring a
31 written attestation under penalty of perjury of
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 compliance as a condition of state funding;
2 providing that no cause of action arises for a
3 violation by a public library except as
4 provided; providing a finding of important
5 state interest; amending s. 265.284, F.S.;
6 designating the Division of Cultural Affairs as
7 the state arts administrative agency; deleting
8 obsolete provisions; amending s. 265.2865,
9 F.S.; deleting obsolete provisions; amending s.
10 265.606, F.S.; requiring post audits; amending
11 ss. 265.701 and 265.702, F.S.; requiring
12 recordation of covenants; requiring that a
13 facility continue to be used as a cultural
14 facility for a specified period; providing
15 penalties; creating s. 265.703, F.S.; providing
16 for the establishment of a citizens support
17 organization for certain purposes; providing
18 for the use of administrative services and
19 property; requiring an annual audit; amending
20 s. 267.0612, F.S.; providing for continuation
21 as a member of the Florida Historical
22 Commission until a replacement is appointed;
23 amending s. 267.0731, F.S.; deleting obsolete
24 provisions; repealing s. 267.16(3), F.S.;
25 deleting obsolete provisions; amending ss.
26 288.0251, 288.809, and 288.816, F.S., relating
27 to international development outreach
28 activities in Latin America and the Caribbean
29 Basin, the Florida Intergovernmental Relations
30 Foundation, and intergovernmental relations, to
31 conform; amending s. 288.8175, F.S.; redefining
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 the term "department" for purposes of linkage
2 institutes between postsecondary institutions
3 in this state and foreign countries;
4 transferring the provision of assistance and
5 facilities to the Organization of American
6 States, state protocol officer functions,
7 international development outreach activities
8 in Latin America and the Caribbean Basin, the
9 Florida Intergovernmental Relations Foundation,
10 and intergovernmental relations functions by a
11 type two transfer from the Department of State
12 to the Executive Office of the Governor;
13 excluding the transfer of certain trust funds;
14 transferring linkage institutes between
15 postsecondary institutions in this state and
16 foreign countries by a type two transfer from
17 the Department of State to the Department of
18 Education; excluding the transfer of certain
19 trust funds; repealing s. 15.0913, F.S.,
20 relating to performance standards for Uniform
21 Commercial Code documents; repealing ss. 15.17
22 and 15.19, F.S., relating to the provision of
23 assistance and facilities to the Organization
24 of American States and the performance of state
25 protocol officer functions; repealing ss.
26 265.51, 265.52, 265.53, 265.54, 265.55, and
27 265.56, F.S., relating to the authority of the
28 department to enter indemnity agreements;
29 providing for severability; providing an
30 effective date.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 20.10, Florida Statutes, is amended
4 to read:
5 20.10 Department of State.--There is created a
6 Department of State.
7 (1) The head of the Department of State is the
8 Secretary of State. The Secretary of State shall be appointed
9 by the Governor, subject to confirmation by the Senate, and
10 shall serve at the pleasure of the Governor. The Secretary of
11 State shall perform the functions conferred by the State
12 Constitution upon the custodian of state records.
13 (2) The Secretary of State shall appoint an assistant
14 secretary and two deputy secretaries, who shall serve at the
15 pleasure of the secretary:
16 (a) The Assistant Secretary of State shall act in the
17 absence of the secretary, is directly responsible to the
18 secretary, and shall perform such duties as are assigned by
19 the secretary.
20 (b) The Deputy Secretary for Cultural and Historical
21 Programs is directly responsible to the secretary, shall have
22 oversight of the Division of Historical Resources and the
23 Division of Cultural Affairs, and shall perform such other
24 duties as assigned by the secretary.
25 (c) The Deputy Secretary for State Records is directly
26 responsible to the secretary, shall have oversight of the
27 Division of Elections, Division of State Recordings, and the
28 Division of Library and Information Services, and shall
29 perform such other duties as assigned by the secretary.
30 (3)(2) The following divisions of the Department of
31 State are established:
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 (a) Division of Elections.
2 (b) Division of Historical Resources.
3 (c) Division of State Recordings Corporations.
4 (d) Division of Library and Information Services.
5 (e) Division of Cultural Affairs.
6 (f) Division of Administration.
7 1. Bureau of Central Computing Support Services.
8 (4) The department is encouraged to computerize its
9 grant application and other processes. The department, to the
10 extent feasible, may cross train employees with grant
11 expertise in the divisions with responsibility for grant
12 awards and shall use uniform grant processes and forms, where
13 appropriate. The department shall not modify the standards or
14 the program and grant relationships and responsibilities
15 established in law.
16 (5) Statutorily required duties and responsibilities
17 of and programs assigned to divisions within the department or
18 those required of or assigned to the department shall not be
19 changed without specific statutory revision.
20 (6)(3) The Department of State may adopt rules
21 pursuant to ss. 120.536(1) and 120.54 to administer the
22 provisions of law conferring duties upon the department.
23 Section 2. Subsections (10) and (11) are added to
24 section 14.2015, Florida Statutes, to read:
25 14.2015 Office of Tourism, Trade, and Economic
26 Development; creation; powers and duties.--
27 (10) The director of the Office of Tourism, Trade, and
28 Economic Development shall serve as the state protocol
29 officer. In consultation with the Governor and other
30 governmental officials, the director of the Office of Tourism,
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 Trade, and Economic Development shall develop, maintain,
2 publish, and distribute the state protocol manual.
3 (11) The Legislature authorizes the Office of Tourism,
4 Trade, and Economic Development to provide assistance and
5 facilities to the Organization of American States in
6 establishing and maintaining a regional headquarters in this
7 state.
8 Section 3. Subsection (3) of section 15.16, Florida
9 Statutes, is amended to read:
10 15.16 Reproduction of records; admissibility in
11 evidence; electronic receipt and transmission of records;
12 certification; acknowledgment.--
13 (3) The Department of State may cause to be received
14 electronically any records that are required to be filed with
15 it pursuant to chapter 55, chapter 606, chapter 607, chapter
16 608, chapter 617, chapter 620, chapter 621, chapter 679,
17 chapter 713, or chapter 865, through facsimile or other
18 electronic transfers, for the purpose of filing such
19 records. The originals of all such electronically transmitted
20 records must be executed in the manner provided in paragraph
21 (5)(b). The receipt of such electronic transfer constitutes
22 delivery to the department as required by law.
23 Section 4. Section 15.182, Florida Statutes, is
24 amended to read:
25 15.182 International travel by state-funded musical,
26 cultural, or artistic organizations; notification to Office of
27 Tourism, Trade, and Economic Development Department of
28 State.--
29 (1) If a musical, cultural, or artistic organization
30 that receives state funding is traveling internationally for a
31 presentation, performance, or other significant public
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 viewing, including an organization associated with a college
2 or university, such organization shall notify the Office of
3 Tourism, Trade, and Economic Development Department of State
4 of its intentions to travel, together with the date, time, and
5 location of each appearance. It is the desire of the
6 Legislature that such cultural exchanges be coordinated with
7 the state s economic development goals. The Secretary of
8 State shall notify Enterprise Florida, Inc., of the intended
9 travel schedule of all such organizations, including, but not
10 limited to, symphonies, troupes, musical performing groups,
11 traveling exhibitions sponsored by museums, and performance
12 artists.
13 (2) The Office of Tourism, Trade, and Economic
14 Development Department of State, in conjunction with
15 Enterprise Florida, Inc., shall act as an intermediary between
16 performing musical, cultural, and artistic organizations and
17 Florida businesses to encourage and coordinate joint
18 undertakings. Such coordination may include, but is not
19 limited to, encouraging business and industry to sponsor
20 cultural events, assistance with travel of such organizations,
21 and coordinating travel schedules of cultural performance
22 groups and international trade missions.
23 (3) An organization shall provide the notification to
24 the Department of State required by this section at least 30
25 days prior to the date the international travel is to commence
26 or, when an intention to travel internationally is not formed
27 at least 30 days in advance of the date the travel is to
28 commence, as soon as feasible after forming such travel
29 intention. The Department of State shall take an active role
30 in informing such groups of the responsibility to notify the
31 department of travel intentions.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 Section 5. Section 119.092, Florida Statutes, is
2 amended to read:
3 119.092 Registration by federal employer's
4 registration number.--Each state agency which registers or
5 licenses corporations, partnerships, or other business
6 entities shall include, by July 1, 1978, within its numbering
7 system, the federal employer's identification number of each
8 corporation, partnership, or other business entity registered
9 or licensed by it. Any state agency may maintain a dual
10 numbering system in which the federal employer's
11 identification number or the state agency's own number is the
12 primary identification number; however, the records of such
13 state agency shall be designed in such a way that the record
14 of any business entity is subject to direct location by the
15 federal employer's identification number. The Department of
16 State shall keep a registry of federal employer's
17 identification numbers of all business entities, registered
18 with the Division of State Recordings Corporations, which
19 registry of numbers may be used by all state agencies.
20 Section 6. Subsection (1) of section 205.023, Florida
21 Statutes, is amended to read:
22 205.023 Requirement to report status of fictitious
23 name registration.--As a prerequisite to receiving a local
24 occupational license under this chapter or transferring a
25 business license under s. 205.033(2) or s. 205.043(2), the
26 applicant or new owner must present to the county or
27 municipality that has jurisdiction to issue or transfer the
28 license either:
29 (1) A copy of the applicant's or new owner's current
30 fictitious name registration, issued by the Division of State
31 Recordings Corporations of the Department of State; or
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 Section 7. Paragraph (b) of subsection (7) and
2 subsection (14) of section 213.053, Florida Statutes, are
3 amended to read:
4 213.053 Confidentiality and information sharing.--
5 (7) Notwithstanding any other provision of this
6 section, the department may provide:
7 (b) Names, addresses, and dates of commencement of
8 business activities of corporations to the Division of State
9 Recordings Corporations of the Department of State in the
10 conduct of its official duties.
11
12 Disclosure of information under this subsection shall be
13 pursuant to a written agreement between the executive director
14 and the agency. Such agencies, governmental or
15 nongovernmental, shall be bound by the same requirements of
16 confidentiality as the Department of Revenue. Breach of
17 confidentiality is a misdemeanor of the first degree,
18 punishable as provided by s. 775.082 or s. 775.083.
19 (14)(a) Notwithstanding any other provision of this
20 section, the department shall, subject to the safeguards
21 specified in paragraph (c), disclose to the Division of State
22 Recordings Corporations of the Department of State the name,
23 address, federal employer identification number, and duration
24 of tax filings with this state of all corporate or partnership
25 entities which are not on file or have a dissolved status with
26 the Division of State Recordings Corporations and which have
27 filed tax returns pursuant to either chapter 199 or chapter
28 220.
29 (b) The Division of State Recordings Corporations
30 shall use such information only in the pursuit of its official
31 duties relative to nonqualified foreign or dissolved
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 corporations in the recovery of fees and penalties due and
2 owing the state.
3 (c) All information exchanged between the Division of
4 State Recordings Corporations and the department shall be
5 subject to the same requirements of confidentiality as the
6 Department of Revenue.
7 Section 8. Subsection (2) of section 213.50, Florida
8 Statutes, is amended to read:
9 213.50 Failure to comply; revocation of corporate
10 charter; refusal to reinstate charter.--
11 (2) A request for reinstatement of a corporate charter
12 may not be granted by the Division of State Recordings
13 Corporations of the Department of State if an outstanding tax
14 warrant has existed for that corporation for more than 3
15 consecutive months.
16 Section 9. Section 257.015, Florida Statutes, is
17 created to read:
18 257.015 Definitions.--As used in this chapter, the
19 term:
20 (1) "Department" means the Department of State.
21 (2) "Division" means the Division of Library and
22 Information Services of the Department of State.
23 (3) "Secretary" means the Secretary of State.
24 (4) "State librarian" means the position to which a
25 person is appointed by the secretary pursuant to s. 257.031 as
26 the director of the Division of Library and Information
27 Services.
28 Section 10. Subsections (1) and (3) of section 257.02,
29 Florida Statutes, are amended, and subsection (4) is added to
30 that section, to read:
31 257.02 State Library Council.--
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 (1) There shall be a State Library Council to advise
2 and assist the Division of Library and Information Services on
3 its programs and activities. The council shall consist of
4 nine seven members who shall be appointed by the Secretary of
5 State. Of the nine members, at least one must represent a
6 Florida library professional association, at least one must
7 represent a Florida archive professional association, at least
8 one must represent a Florida records management professional
9 association, and at least one must be a person who is not, and
10 has never been, employed in a library or in teaching library
11 science courses. At least one member of the council must be a
12 person who is 60 years of age or older; and at least one
13 member of the council must be a person who is not, and has
14 never been, employed in a library or in teaching library
15 science courses. Members shall be appointed for 4-year terms.
16 A vacancy on the council shall be filled for the period of the
17 unexpired term. No person may be appointed to serve more than
18 two consecutive terms as a member of the council. The
19 Secretary of State may remove from office any council member
20 for malfeasance, misfeasance, neglect of duty, incompetence,
21 permanent inability to perform official duties, or pleading
22 guilty or nolo contendere to, or being found guilty of, a
23 felony. In addition to, and at the request of, the members of
24 the council appointed by the Secretary of State, the
25 president-elect of the Florida Library Association may serve
26 as a member of the council in a nonvoting capacity during his
27 or her term as president-elect.
28 (3) The Secretary of State may, in making
29 appointments, consult Florida's library, archival, and records
30 management community, the Florida Library Association and
31 related statewide associations and organizations for
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 suggestions as to persons having special knowledge and
2 interest concerning libraries.
3 (4) The officers of the State Library Council shall be
4 a chair, elected from the members thereof, and the State
5 Librarian, who shall serve without voting rights as secretary
6 of the council.
7 Section 11. Section 257.031, Florida Statutes, is
8 amended to read:
9 257.031 State Librarian Organization of council;
10 appointment and duties of State Librarian.--
11 (1) The officers of the State Library Council shall be
12 a chair, elected from the members thereof, and the State
13 Librarian, who shall serve without voting rights as secretary
14 of the council. The State Librarian shall be appointed by the
15 Secretary of State, shall have completed a library school
16 program accredited by the American Library Association, and
17 shall serve as the director of the Division of Library and
18 Information Services of the Department of State. The
19 Secretary of State may, in making the appointment of State
20 Librarian, consult the members of the State Library Council.
21 (2) The State Librarian shall:
22 (a) Keep a record of the proceedings of the State
23 Library Council;
24 (b) Keep an accurate account of the financial
25 transactions of the division;
26 (c) Have charge of the work of the division in
27 organizing new libraries and improving those already
28 established; and
29 (d) In general, perform such duties as may, from time
30 to time, be assigned to him or her by the Secretary of State;
31 and
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 (e) Manage operations of the programs assigned by law
2 to the division.
3 Section 12. Section 257.12, Florida Statutes, is
4 amended to read:
5 257.12 Division of Library and Information Services
6 authorized to accept and expend federal funds.--
7 (1) The Division of Library and Information Services
8 of the Department of State is designated as the state library
9 administrative agency authorized to accept, receive,
10 administer, and expend any moneys, materials, or any other aid
11 granted, appropriated, or made available by the United States
12 or any of its agencies for the purpose of giving aid to
13 libraries and providing educational library service in the
14 state.
15 Section 13. Section 257.192, Florida Statutes, is
16 amended to read:
17 257.192 Program grants.--The Division of Library and
18 Information Services is authorized to accept and administer
19 appropriations for library program grants and to make such
20 grants in accordance with the Florida long-range plan program
21 for library services.
22 Section 14. Subsection (2) of section 257.41, Florida
23 Statutes, is amended to read:
24 257.41 Library cooperatives; organization; receipt of
25 state moneys.--
26 (2) The Division of Library and Information Services
27 of the Department of State shall establish operating standards
28 and rules under which a library cooperative is eligible to
29 receive state moneys. The division shall issue a certificate
30 to each library cooperative that meets the standards and rules
31 established under this subsection.
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 Section 15. Section 257.43, Florida Statutes, is
2 created to read:
3 257.43 Citizen support organization; use of state
4 administrative services and property; audit.--
5 (1) CITIZEN SUPPORT ORGANIZATION.--The division may
6 support the establishment of a citizen support organization to
7 provide assistance, funding, and promotional support for the
8 library, archives, and records management programs of the
9 division. For the purposes of this section, the term "citizen
10 support organization" means an organization that is:
11 (a) A Florida corporation not for profit incorporated
12 under the provisions of chapter 617 and approved by the
13 Department of State;
14 (b) Organized and operated to conduct programs and
15 activities; raise funds; request and receive grants, gifts,
16 and bequests of money; acquire, receive, hold, invest, and
17 administer, in its own name, securities, funds, objects of
18 value, or other property, real or personal; and make
19 expenditures to or for the direct or indirect benefit of the
20 division or individual program units of the division;
21 (c) Determined by the division to be consistent with
22 the goals of the division and in the best interests of the
23 state; and
24 (d) Approved in writing by the division to operate for
25 the direct or indirect benefit of the division. Such approval
26 shall be given in a letter of agreement from the division.
27 (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--
28 (a) The division may fix and collect charges for the
29 rental of facilities and properties managed by the division
30 and may permit, without charge, appropriate use of
31 administrative services, property, and facilities of the
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 division by a citizen support organization, subject to the
2 provisions of this section. Such use must be directly in
3 keeping with the approved purposes of the citizen support
4 organization and may not be made at times or places that would
5 unreasonably interfere with opportunities for the general
6 public to use such facilities for established purposes. Any
7 moneys received from rentals of facilities and properties
8 managed by the division may be held in the operating trust
9 fund of the division or in a separate depository account in
10 the name of the citizen support organization and subject to
11 the provisions of the letter of agreement with the division.
12 (b) The division may prescribe by rule any condition
13 with which a citizen support organization shall comply in
14 order to use division administrative services, property, or
15 facilities.
16 (c) The division shall not permit the use of any
17 administrative services, property, or facilities of the state
18 by a citizen support organization which does not provide equal
19 membership and employment opportunities to all persons
20 regardless of race, color, religion, sex, age, or national
21 origin.
22 (3) ANNUAL AUDIT.--The citizen support organization
23 shall provide for an annual financial audit in accordance with
24 s. 215.981.
25 Section 16. Effective October 1, 2004, section 257.44,
26 Florida Statutes, is created to read:
27 257.44 Internet screening in public libraries.--
28 (1) As used in this section, the term:
29 (a) "Administrative unit" means the entity designated
30 by a local government body as responsible for the
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 administration of all public library locations established or
2 maintained by that local government body.
3 (b) "Child pornography" has the same meaning as in
4 section 847.001, Florida Statutes.
5 (c) "Harmful to minors" means any picture, image,
6 graphic image file, or other visual depiction that:
7 1. Taken as a whole and with respect to minors,
8 appeals to a prurient interest in nudity, sex, or excretion;
9 2. Depicts, describes, or represents, in a patently
10 offensive way with respect to what is suitable for minors, an
11 actual or simulated sexual act or sexual contact, an actual or
12 simulated normal or perverted sexual act, or a lewd exhibition
13 of the genitals; and
14 3. Taken as a whole, lacks serious literary, artistic,
15 political, or scientific value as to minors.
16 (d) "Minor" means an individual who is younger than 18
17 years of age.
18 (e) "Obscene" has the same meaning as in section
19 847.001, Florida Statutes.
20 (f) "Public computer" means a computer that is made
21 available to the public and that has Internet access.
22 (g) "Public library" means any library that is open to
23 the public and that is established or maintained by one or
24 more of the following local government bodies in this state:
25 county; municipality; consolidated city-county government;
26 special district; or special tax district. The term "public
27 library" does not include a library that is open to the public
28 and that is established or maintained by a community college
29 or state university.
30
31
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 (h) "Reasonable efforts" means the public library, as
2 required by subsection (2), in its ordinary course of
3 business:
4 1. Is posting its Internet safety policy;
5 2. Is using a technology protection measure on all
6 public computers; and
7 3. Disables the technology protection measure upon an
8 adult's request to use the computer for bona fide research or
9 other lawful purpose.
10 (i) "Technology protection measure" means software or
11 equivalent technology that blocks or filters Internet access
12 to the visual depictions that are proscribed under subsection
13 (2).
14 (2)(a) Each public library shall enforce an Internet
15 safety policy that provides for:
16 1. Installation and operation of a technology
17 protection measure on all public computers in the public
18 library which protects against access through such computers
19 by adults to visual depictions that are obscene or child
20 pornography and by minors to visual depictions that are
21 obscene, child pornography, or harmful to minors; and
22 2. Disablement of the technology protection measure by
23 an employee of the public library upon an adult's request to
24 use the computer for bona fide research or other lawful
25 purpose.
26 (b) Each public library shall post a notice in a
27 conspicuous area of the public library which indicates that an
28 Internet safety policy has been adopted and informs the public
29 that the Internet safety policy is available for review at
30 each public library.
31
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 (c) A public library may not maintain a list of the
2 names of adults who request that the technology protection
3 measure be disabled under this subsection.
4 (3)(a) In the event a public library knowingly fails
5 to make reasonable efforts to comply with subsection (2), a
6 resident of this state is authorized to seek enforcement as
7 provided in this subsection. Within 45 days after the
8 occurrence of a public library's alleged failure to make
9 reasonable efforts, the resident shall first mail to the head
10 of the applicable administrative unit a notice of intended
11 civil action for enforcement, which shall identify each public
12 library location implicated and shall specify the facts and
13 circumstances alleged to constitute a violation of subsection
14 (2). Within 45 days after the receipt of such notice, the head
15 of the administrative unit shall mail to the resident who
16 provided the notice a written response specifying the efforts,
17 if any, each public library location identified in the notice
18 is making to comply with the requirements of subsection (2).
19 All mailings required by this paragraph shall be certified
20 with return receipt requested.
21 (b) If the resident does not receive the written
22 response required by paragraph (a) within 60 days after
23 receipt of the notice by the head of the administrative unit,
24 or if the written response fails to indicate that the public
25 library is making reasonable efforts to comply with subsection
26 (2), the resident may bring a civil cause of action in the
27 circuit court of the county in which the administrative unit
28 is located to seek injunctive relief to enforce compliance
29 with subsection (2). In connection with such enforcement, the
30 court shall impose a civil fine upon the administrative unit
31 in the amount of $100 per day per public library location that
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 is found to have not made reasonable efforts to comply with
2 subsection (2). Accrual of the fine shall be for the period
3 between the date that the head of the administrative unit
4 received notice of the intended civil action for enforcement
5 and the date upon which the public library location begins
6 making reasonable efforts to comply with subsection (2).
7 (c) In any civil action brought pursuant to paragraph
8 (b), attorney's fees and costs awards shall be as follows:
9 1. An administrative unit that is fined pursuant to
10 paragraph (b) shall be ordered to pay reasonable attorney's
11 fees and costs to a prevailing resident; or
12 2. A resident shall be ordered to pay reasonable
13 attorney's fees and costs to an administrative unit if the
14 court finds that the filing of the action was in bad faith or
15 frivolous.
16 (d) The clerk of the circuit court shall act as the
17 depository for all moneys collected pursuant to this
18 subsection. The clerk may retain a service charge of $1 for
19 each payment received under this subsection. On a monthly
20 basis, the clerk shall transfer the moneys collected pursuant
21 to this subsection to the Department of Revenue for deposit in
22 the Records Management Trust Fund within the Department of
23 State.
24 (4) The Division of Library and Information Services
25 within the Department of State shall adopt rules pursuant to
26 sections 120.536(1) and 120.54, Florida Statutes, which
27 require the head of each administrative unit to annually
28 attest in writing, under penalty of perjury, that all public
29 library locations within the administrative unit are in
30 compliance with subsection (2), as a condition of the receipt
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 of any state funds distributed under chapter 257, Florida
2 Statutes.
3 (5) No cause of action, except that authorized in
4 subsection (3), shall arise in favor of any person due to a
5 public library's failure to comply with subsection (2).
6 Section 17. In accordance with Section 18, Article VII
7 of the State Constitution, the Legislature finds that the
8 installation and operation by public libraries of technology
9 protection measures that protect against access by adults to
10 visual depictions that are obscene or child pornography and by
11 minors to visual depictions that are obscene, child
12 pornography, or harmful to minors, as required by section
13 257.44, Florida Statutes, fulfills an important state
14 interest. This section shall take effect October 1, 2004.
15 Section 18. Subsections (1) and (6) of section
16 265.284, Florida Statutes, are amended to read:
17 265.284 Chief cultural officer; director of division;
18 powers and duties.--
19 (1) The Secretary of State is the shall be chief
20 cultural officer of the state and the Division of Cultural
21 Affairs is designated as the state arts administrative agency.
22 (6) Subject to funding by the Legislature, there are
23 created the State Orchestra Program, State Dance Program, and
24 State Opera Program, each to be administered as part of, and
25 under the direct supervision of, the Division of Cultural
26 Affairs.
27 Section 19. Subsection (4) of section 265.2865,
28 Florida Statutes, is amended to read:
29 265.2865 Florida Artists Hall of Fame.--
30 (4) In the first year, the Secretary of State shall
31 name no more than 12 members to the Florida Artists Hall of
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 Fame. Thereafter, The Secretary of State shall name no more
2 than four members to the Florida Artists Hall of Fame in any 1
3 year.
4 Section 20. Subsection (4) of section 265.606, Florida
5 Statutes, is amended to read:
6 265.606 Cultural Endowment Program; administration;
7 qualifying criteria; matching fund program levels;
8 distribution.--
9 (4) Once the secretary has determined that the
10 sponsoring organization has complied with the criteria imposed
11 by this section, he or she may authorize the transfer of the
12 appropriate state matching funds to the organization. However,
13 the secretary shall ensure that the local group has made
14 prudent arrangements for the trusteeship of the entire
15 endowment, and such trusteeship is hereby created. The
16 sponsoring organization may then expend moneys in the
17 endowment program fund, subject to the following requirements:
18 (a) The organization may expend funds only for
19 operating costs incurred while engaged in programs directly
20 related to cultural activities.
21 (b) The organization shall annually submit a report to
22 the division, in such form as the division specifies,
23 explaining how endowment program funds were utilized.
24 (c) Any contract administered under this section shall
25 require the local sponsoring organization to submit to the
26 division an annual post audit of its financial accounts
27 conducted by an independent certified public accountant.
28 Section 21. Present subsection (4) of section 265.701,
29 Florida Statutes, is redesignated as subsection (5), and a new
30 subsection (4) is added to that section, to read:
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 265.701 Cultural facilities; grants for acquisition,
2 renovation, or construction; funding; approval; allocation.--
3 (4) Any contract administered under this section shall
4 require the recordation of a restrictive covenant by the
5 grantee and property owner or the purchase of a bond as
6 prescribed by rule to ensure that the facility continues to be
7 used as a cultural facility for a period of 10 years following
8 the grant award. If the facility ceases to be used as a
9 cultural facility during the 10 years following the grant
10 award, the grant funds shall be repaid to the department
11 according to an amortization schedule set forth in rule.
12 Section 22. Present subsection (8) of section 265.702,
13 Florida Statutes, is redesignated as subsection (9), and a new
14 subsection (8) is added to that section, to read:
15 265.702 Regional cultural facilities; grants for
16 acquisition, renovation, or construction; funding; approval;
17 allocation.--
18 (8) Any contract administered under this section shall
19 require the recordation of a restrictive covenant by the
20 grantee and property owner or the purchase of a bond as
21 prescribed by rule to ensure that the facility continues to be
22 used as a regional cultural facility for a period of 10 years
23 following the grant award. If the facility ceases to be used
24 as a cultural facility during the 10 years following the grant
25 award, the grant funds shall be repaid to the department
26 according to an amortization schedule set forth in rule.
27 Section 23. Section 265.703, Florida Statutes, is
28 created to read:
29 265.703 Citizen support organization; use of state
30 administrative services and property; audit.--
31
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 (1) CITIZEN SUPPORT ORGANIZATION.--The division may
2 support the establishment of a citizen support organization to
3 provide assistance, funding, and promotional support for the
4 cultural and arts programs of the division. For purposes of
5 this section, the term "citizen support organization" means an
6 organization that is:
7 (a) A Florida corporation not for profit incorporated
8 under the provisions of chapter 617 and approved by the
9 Department of State;
10 (b) Organized and operated to conduct programs and
11 activities; raise funds; request and receive grants, gifts,
12 and bequests of money; acquire, receive, hold, invest, and
13 administer, in its own name, securities, funds, objects of
14 value, or other property, real or personal; and make
15 expenditures to or for the direct or indirect benefit of the
16 division or individual program units of the division;
17 (c) Determined by the division to be consistent with
18 the goals of the division and in the best interests of the
19 state; and
20 (d) Approved in writing by the division to operate for
21 the direct or indirect benefit of the division; such approval
22 shall be given in a letter of agreement from the division.
23 (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--
24 (a) The division may fix and collect charges for the
25 rental of facilities and properties managed by the division
26 and may permit, without charge, appropriate use of
27 administrative services, property, and facilities of the
28 division by a citizen support organization, subject to the
29 provisions of this section. Such use must be directly in
30 keeping with the approved purposes of the citizen support
31 organization and may not be made at times or places that would
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 unreasonably interfere with opportunities for the general
2 public to use such facilities for established purposes. Any
3 moneys received from rentals of facilities and properties
4 managed by the division may be held in the operating trust
5 fund of the division or in a separate depository account in
6 the name of the citizen support organization and subject to
7 the provisions of the letter of agreement with the division.
8 (b) The division may prescribe by rule any condition
9 with which a citizen support organization shall comply in
10 order to use division administrative services, property, or
11 facilities.
12 (c) The division shall not permit the use of any
13 administrative services, property, or facilities of the state
14 by a citizen support organization which does not provide equal
15 membership and employment opportunities to all persons
16 regardless of race, color, religion, sex, age, or national
17 origin.
18 (3) ANNUAL AUDIT.--The citizen support organization
19 shall provide for an annual financial audit in accordance with
20 s. 215.981.
21 Section 24. Paragraph (a) of subsection (1) of section
22 267.0612, Florida Statutes, is amended to read:
23 267.0612 Florida Historical Commission; creation;
24 membership; powers and duties.--In order to enhance public
25 participation and involvement in the preservation and
26 protection of the state's historic and archaeological sites
27 and properties, there is created within the Department of
28 State the "Florida Historical Commission." The commission
29 shall serve in an advisory capacity to the director of the
30 Division of Historical Resources to assist the director in
31
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 carrying out the purposes, duties, and responsibilities of the
2 division, as specified in this chapter.
3 (1)(a) The commission shall be composed of 11 members.
4 Seven members shall be appointed by the Governor in
5 consultation with the Secretary of State, two members shall be
6 appointed by the President of the Senate, and two members
7 shall be appointed by the Speaker of the House of
8 Representatives. Of the seven members appointed by the
9 Governor, one member must be a licensed architect who has
10 expertise in historic preservation and architectural history;
11 one member must be a professional historian in the field of
12 American history; one member must be a professional
13 architectural historian; one member must be an archaeologist
14 specializing in the field of prehistory; and one member must
15 be an archaeologist specializing in the historic period. The
16 remaining two members appointed by the Governor and the two
17 members appointed by the President of the Senate and the
18 Speaker of the House of Representatives, respectively, must be
19 representatives of the general public with demonstrated
20 interest in the preservation of Florida's historical and
21 archaeological heritage. At least one member of the commission
22 shall be a resident of a county that has a population of
23 75,000 or fewer less. A member whose term has expired shall
24 continue to serve on the commission until such time as a
25 replacement is appointed.
26 Section 25. Paragraphs (b) and (c) of subsection (1)
27 of section 267.0731, Florida Statutes, are amended to read:
28 267.0731 Great Floridians Program.--The division shall
29 establish and administer a program, to be entitled the Great
30 Floridians Program, which shall be designed to recognize and
31 record the achievements of Floridians, living and deceased,
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 who have made major contributions to the progress and welfare
2 of this state.
3 (1)
4 (b) In formulating its nominations, the division shall
5 also seek the assistance of the organization Museum of Florida
6 History Foundation, Inc., or its successor, acting in the
7 capacity as a citizen support organization of the division,
8 pursuant to s. 267.17 and approved to act on behalf of the
9 Museum of Florida History.
10 (c) Annually, the division shall convene an ad hoc
11 committee composed of representatives of the Governor, each
12 member of the Florida Cabinet, the President of the Senate,
13 the Speaker of the House of Representatives, and the
14 organization described in paragraph (b) Museum of Florida
15 History Foundation, Inc. This committee shall meet at least
16 twice. The committee shall nominate not fewer than two persons
17 whose names shall be submitted to the Secretary of State with
18 the recommendation that they be honored with the designation
19 "Great Floridian."
20 Section 26. Subsection (3) of section 267.16, Florida
21 Statutes, is repealed.
22 Section 27. Section 288.0251, Florida Statutes, is
23 amended to read:
24 288.0251 International development outreach activities
25 in Latin America and Caribbean Basin.--The Office of Tourism,
26 Trade, and Economic Development Department of State may
27 contract for the implementation of Florida's international
28 volunteer corps to provide short-term training and technical
29 assistance activities in Latin America and the Caribbean
30 Basin. The entity contracted under this section must require
31 that such activities be conducted by qualified volunteers who
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 are citizens of the state. The contracting agency must have a
2 statewide focus and experience in coordinating international
3 volunteer programs.
4 Section 28. Subsections (1), (2), and (3) of section
5 288.809, Florida Statutes, are amended to read:
6 288.809 Florida Intergovernmental Relations
7 Foundation; use of property; board of directors; audit.--
8 (1) DEFINITIONS.--For the purposes of this section,
9 the term:
10 (a) "Florida Intergovernmental Relations Foundation"
11 means a direct-support organization:
12 1. Which is a corporation not for profit that is
13 incorporated under the provisions of chapter 617 and approved
14 by the Department of State;
15 2. Which is organized and operated exclusively to
16 solicit receive, hold, invest, and administer property and,
17 subject to the approval of the Office of Tourism, Trade, and
18 Economic Development Department of State, to make expenditures
19 to or for the promotion of intergovernmental relations
20 programs; and
21 3. Which the Office of Tourism, Trade, and Economic
22 Development Department of State, after review, has certified
23 to be operating in a manner consistent with the policies and
24 goals of the office department.
25 (b) "Personal services" includes full-time or
26 part-time personnel, as well as payroll processing.
27 (2) USE OF PROPERTY.--The Office of Tourism, Trade,
28 and Economic Development department:
29 (a) Is authorized to permit the use of property,
30 facilities, and personal services of the Office of Tourism,
31
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 Trade, and Economic Development department by the foundation,
2 subject to the provisions of this section.
3 (b) Shall prescribe conditions with which the
4 foundation must comply in order to use property, facilities,
5 or personal services of the Office of Tourism, Trade, and
6 Economic Development department. Such conditions shall provide
7 for budget and audit review and for oversight by the Office of
8 Tourism, Trade, and Economic Development department.
9 (c) Shall not permit the use of property, facilities,
10 or personal services of the foundation if the foundation does
11 not provide equal employment opportunities to all persons,
12 regardless of race, color, national origin, sex, age, or
13 religion.
14 (3) BOARD OF DIRECTORS.--The board of directors of the
15 foundation shall be composed of seven members appointed by the
16 Governor Secretary of State, of whom no more than three shall
17 be employees or elected officials of the state.
18 Section 29. Section 288.816, Florida Statutes, is
19 amended to read:
20 288.816 Intergovernmental relations.--
21 (1) The Office of Tourism, Trade, and Economic
22 Development Secretary of State shall be responsible for
23 consular operations and the sister city and sister state
24 program and shall serve as liaison with foreign, federal, and
25 other state international organizations and with county and
26 municipal governments in Florida.
27 (2) The Office of Tourism, Trade, and Economic
28 Development secretary shall be responsible for all consular
29 relations between the state and all foreign governments doing
30 business in Florida. The office secretary shall monitor
31 United States laws and directives to ensure that all federal
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 treaties regarding foreign privileges and immunities are
2 properly observed. The office secretary shall promulgate rules
3 which shall:
4 (a) Establish a viable system of registration for
5 foreign government officials residing or having jurisdiction
6 in the state. Emphasis shall be placed on maintaining active
7 communication between the secretary and the United States
8 Department of State in order to be currently informed
9 regarding foreign governmental personnel stationed in, or with
10 official responsibilities for, Florida. Active dialogue shall
11 also be maintained with foreign countries which historically
12 have had dealings with Florida in order to keep them informed
13 of the proper procedure for registering with the state.
14 (b) Maintain and systematically update a current and
15 accurate list of all such foreign governmental officials,
16 consuls, or consulates.
17 (c) Issue certificates to such foreign governmental
18 officials after verification pursuant to proper investigations
19 through United States Department of State sources and the
20 appropriate foreign government.
21 (d) Verify entitlement to sales and use tax exemptions
22 pursuant to United States Department of State guidelines and
23 identification methods.
24 (e) Verify entitlement to issuance of special motor
25 vehicle license plates by the Division of Motor Vehicles of
26 the Department of Highway Safety and Motor Vehicles to
27 honorary consuls or such other officials representing foreign
28 governments who are not entitled to issuance of special Consul
29 Corps license plates by the United States Government.
30 (f) Establish a system of communication to provide all
31 state and local law enforcement agencies with information
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 regarding proper procedures relating to the arrest or
2 incarceration of a foreign citizen.
3 (g) Request the Department of Law Enforcement to
4 provide transportation and protection services when necessary
5 pursuant to s. 943.68.
6 (h) Coordinate, when necessary, special activities
7 between foreign governments and Florida state and local
8 governments. These may include Consular Corps Day, Consular
9 Corps conferences, and various other social, cultural, or
10 educational activities.
11 (i) Notify all newly arrived foreign governmental
12 officials of the services offered by the Office of Tourism,
13 Trade, and Economic Development secretary.
14 (3) The Office of Tourism, Trade, and Economic
15 Development Secretary of State shall operate the sister city
16 and sister state program and establish such new programs as
17 needed to further global understanding through the interchange
18 of people, ideas, and culture between Florida and the world.
19 To accomplish this purpose, the office secretary shall have
20 the power and authority to:
21 (a) Coordinate and carry out activities designed to
22 encourage the state and its subdivisions to participate in
23 sister city and sister state affiliations with foreign
24 countries and their subdivisions. Such activities may include
25 a State of Florida sister cities conference.
26 (b) Encourage cooperation with and disseminate
27 information pertaining to the Sister Cities International
28 Program and any other program whose object is to promote
29 linkages with foreign countries and their subdivisions.
30
31
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 (c) Maximize any aid available from all levels of
2 government, public and private agencies, and other entities to
3 facilitate such activities.
4 (d) Establish a viable system of registration for
5 sister city and sister state affiliations between the state
6 and foreign countries and their subdivisions. Such system
7 shall include a method to determine that sufficient ties are
8 properly established as well as a method to supervise how
9 these ties are maintained.
10 (e) Maintain a current and accurate listing of all
11 such affiliations. Sister city affiliations shall not be
12 discouraged between the state and any country specified in s.
13 620(f)(1) of the federal Foreign Assistance Act of 1961, as
14 amended, with whom the United States is currently conducting
15 diplomatic relations unless a mandate from the United States
16 Government expressly prohibits such affiliations.
17 (4) The Office of Tourism, Trade, and Economic
18 Development Secretary of State shall serve as a contact for
19 the state with the Florida Washington Office, the Florida
20 Congressional Delegation, and United States Government
21 agencies with respect to laws or policies which may affect the
22 interests of the state in the area of international
23 relations. All inquiries received regarding international
24 economic trade development or reverse investment opportunities
25 shall be referred to Enterprise Florida, Inc. In addition,
26 the office secretary shall serve as liaison with other states
27 with respect to international programs of interest to
28 Florida. The office secretary shall also investigate and make
29 suggestions regarding possible areas of joint action or
30 regional cooperation with these states.
31
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 (5) The Office of Tourism, Trade, and Economic
2 Development Secretary of State shall have the power and duty
3 to encourage the relocation to Florida of consular offices and
4 multilateral and international agencies and organizations.
5 (6) The Office of Tourism, Trade, and Economic
6 Development Secretary of State, through membership on the
7 board of directors of Enterprise Florida, Inc., shall help to
8 contribute an international perspective to the state's
9 development efforts.
10 Section 30. Subsection (1) of section 288.8175,
11 Florida Statutes, is amended to read:
12 288.8175 Linkage institutes between postsecondary
13 institutions in this state and foreign countries.--
14 (1) As used in this section, the term "department"
15 means the Department of Education State.
16 Section 31. Subsection (9) of section 440.02, Florida
17 Statutes, and paragraph (b) of subsection (15), as amended by
18 section 2 of chapter 2003-412, Laws of Florida, are amended to
19 read:
20 440.02 Definitions.--When used in this chapter, unless
21 the context clearly requires otherwise, the following terms
22 shall have the following meanings:
23 (9) "Corporate officer" or "officer of a corporation"
24 means any person who fills an office provided for in the
25 corporate charter or articles of incorporation filed with the
26 Division of State Recordings Corporations of the Department of
27 State or as permitted or required by chapter 607. As to
28 persons engaged in the construction industry, the term
29 "officer of a corporation" includes a member owning at least
30 10 percent of a limited liability company created and approved
31 under chapter 608.
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 (15)
2 (b) "Employee" includes any person who is an officer
3 of a corporation and who performs services for remuneration
4 for such corporation within this state, whether or not such
5 services are continuous.
6 1. Any officer of a corporation may elect to be exempt
7 from this chapter by filing written notice of the election
8 with the department as provided in s. 440.05.
9 2. As to officers of a corporation who are engaged in
10 the construction industry, no more than three officers of a
11 corporation or of any group of affiliated corporations may
12 elect to be exempt from this chapter by filing written notice
13 of the election with the department as provided in s. 440.05.
14 Officers must be shareholders, each owning at least 10 percent
15 of the stock of such corporation and listed as an officer of
16 such corporation with the Division of State Recordings
17 Corporations of the Department of State, in order to elect
18 exemptions under this chapter. For purposes of this
19 subparagraph, the term "affiliated" means and includes one or
20 more corporations or entities, any one of which is a
21 corporation engaged in the construction industry, under the
22 same or substantially the same control of a group of business
23 entities which are connected or associated so that one entity
24 controls or has the power to control each of the other
25 business entities. The term "affiliated" includes, but is not
26 limited to, the officers, directors, executives, shareholders
27 active in management, employees, and agents of the affiliated
28 corporation. The ownership by one business entity of a
29 controlling interest in another business entity or a pooling
30 of equipment or income among business entities shall be prima
31 facie evidence that one business is affiliated with the other.
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 3. An officer of a corporation who elects to be exempt
2 from this chapter by filing a written notice of the election
3 with the department as provided in s. 440.05 is not an
4 employee.
5
6 Services are presumed to have been rendered to the corporation
7 if the officer is compensated by other than dividends upon
8 shares of stock of the corporation which the officer owns.
9 Section 32. Subsections (3) and (11) of section
10 440.05, Florida Statutes, are amended to read:
11 440.05 Election of exemption; revocation of election;
12 notice; certification.--
13 (3) Each officer of a corporation who is engaged in
14 the construction industry and who elects an exemption from
15 this chapter or who, after electing such exemption, revokes
16 that exemption, must mail a written notice to such effect to
17 the department on a form prescribed by the department. The
18 notice of election to be exempt from the provisions of this
19 chapter must be notarized and under oath. The notice of
20 election to be exempt which is submitted to the department by
21 the officer of a corporation who is allowed to claim an
22 exemption as provided by this chapter must list the name,
23 federal tax identification number, social security number, all
24 certified or registered licenses issued pursuant to chapter
25 489 held by the person seeking the exemption, a copy of
26 relevant documentation as to employment status filed with the
27 Internal Revenue Service as specified by the department, a
28 copy of the relevant occupational license in the primary
29 jurisdiction of the business, and the registration number of
30 the corporation filed with the Division of State Recordings
31 Corporations of the Department of State along with a copy of
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 the stock certificate evidencing the required ownership under
2 this chapter. The notice of election to be exempt must
3 identify each corporation that employs the person electing the
4 exemption and must list the social security number or federal
5 tax identification number of each such employer and the
6 additional documentation required by this section. In
7 addition, the notice of election to be exempt must provide
8 that the officer electing an exemption is not entitled to
9 benefits under this chapter, must provide that the election
10 does not exceed exemption limits for officers provided in s.
11 440.02, and must certify that any employees of the corporation
12 whose officer elects an exemption are covered by workers'
13 compensation insurance. Upon receipt of the notice of the
14 election to be exempt, receipt of all application fees, and a
15 determination by the department that the notice meets the
16 requirements of this subsection, the department shall issue a
17 certification of the election to the officer, unless the
18 department determines that the information contained in the
19 notice is invalid. The department shall revoke a certificate
20 of election to be exempt from coverage upon a determination by
21 the department that the person does not meet the requirements
22 for exemption or that the information contained in the notice
23 of election to be exempt is invalid. The certificate of
24 election must list the name of the corporation listed in the
25 request for exemption. A new certificate of election must be
26 obtained each time the person is employed by a new or
27 different corporation that is not listed on the certificate of
28 election. A copy of the certificate of election must be sent
29 to each workers' compensation carrier identified in the
30 request for exemption. Upon filing a notice of revocation of
31 election, an officer who is a subcontractor or an officer of a
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 corporate subcontractor must notify her or his contractor.
2 Upon revocation of a certificate of election of exemption by
3 the department, the department shall notify the workers'
4 compensation carriers identified in the request for exemption.
5 (11) Any corporate officer permitted by this chapter
6 to claim an exemption must be listed on the records of this
7 state's Secretary of State, Division of State Recordings
8 Corporations, as a corporate officer. The department shall
9 issue a stop-work order under s. 440.107(1) to any corporation
10 who employs a person who claims to be exempt as a corporate
11 officer but who fails or refuses to produce the documents
12 required under this subsection to the department within 3
13 business days after the request is made.
14 Section 33. Subsection (4) of section 607.0401,
15 Florida Statutes, is amended to read:
16 607.0401 Corporate name.--A corporate name:
17 (4) Must be distinguishable from the names of all
18 other entities or filings, except fictitious name
19 registrations pursuant to s. 865.09, organized, registered, or
20 reserved under the laws of this state, which names are on file
21 with the Division of State Recordings Corporations.
22 Section 34. Paragraph (b) of subsection (1) and
23 subsection (2) of section 607.1506, Florida Statutes, are
24 amended to read:
25 607.1506 Corporate name of foreign corporation.--
26 (1) A foreign corporation is not entitled to file an
27 application for a certificate of authority unless the
28 corporate name of such corporation satisfies the requirements
29 of s. 607.0401. If the corporate name of a foreign corporation
30 does not satisfy the requirements of s. 607.0401, the foreign
31
37
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 corporation, to obtain or maintain a certificate of authority
2 to transact business in this state:
3 (b) May use an alternate name to transact business in
4 this state if its real name is unavailable. Any such alternate
5 corporate name, adopted for use in this state, shall be
6 cross-referenced to the real corporate name in the records of
7 the Division of State Recordings Corporations. If the
8 corporation's real corporate name becomes available in this
9 state or the corporation chooses to change its alternate name,
10 a copy of the resolution of its board of directors changing or
11 withdrawing the alternate name, executed as required by s.
12 607.0120, shall be delivered for filing.
13 (2) The corporate name (including the alternate name)
14 of a foreign corporation must be distinguishable upon the
15 records of the Division of State Recordings Corporations from:
16 (a) Any corporate name of a corporation incorporated
17 or authorized to transact business in this state;
18 (b) The alternate name of another foreign corporation
19 authorized to transact business in this state;
20 (c) The corporate name of a not-for-profit corporation
21 incorporated or authorized to transact business in this state;
22 and
23 (d) The names of all other entities or filings, except
24 fictitious name registrations pursuant to s. 865.09, organized
25 or registered under the laws of this state that are on file
26 with the Division of State Recordings Corporations.
27 Section 35. Paragraph (e) of subsection (1) of section
28 617.0401, Florida Statutes, is amended to read:
29 617.0401 Corporate name.--
30 (1) A corporate name:
31
38
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 (e) Must be distinguishable from the names of all
2 other entities or filings, except fictitious name
3 registrations pursuant to s. 865.09, organized, registered, or
4 reserved under the laws of this state, that are on file with
5 the Division of State Recordings Corporations.
6 Section 36. Subsections (2) and (4) of section
7 617.1506, Florida Statutes, are amended to read:
8 617.1506 Corporate name of foreign corporation.--
9 (2) The corporate name, including the alternate name,
10 of a foreign corporation must be distinguishable, within the
11 records of the Division of State Recordings Corporations,
12 from:
13 (a) The alternate name of another foreign corporation
14 authorized to transact business in this state.
15 (b) The corporate name of a not-for-profit corporation
16 incorporated or authorized to transact business in this state.
17 (c) The names of all other entities or filings, except
18 fictitious name registrations pursuant to s. 865.09,
19 organized, or registered under the laws of this state, that
20 are on file with the Division of State Recording Corporations.
21 (4) The corporate name must be distinguishable from
22 the names of all other entities or filings, organized,
23 registered, or reserved under the laws of the state that are
24 on file with the Division of State Recordings Corporations,
25 except fictitious name registrations pursuant to s. 865.09.
26 Section 37. Subsection (3) of section 620.103, Florida
27 Statutes, is amended to read:
28 620.103 Name of limited partnership.--The name of each
29 domestic limited partnership as set forth in its certificate
30 of limited partnership and the name of each foreign limited
31
39
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 partnership as set forth in its application for registration
2 as a foreign limited partnership:
3 (3) Must be distinguishable from the names of all
4 other entities or filings, except fictitious name
5 registrations pursuant to s. 865.09, organized, registered, or
6 reserved under the laws of this state, the names of which are
7 on file with the Division of State Recordings Corporations of
8 the Department of State.
9 Section 38. Paragraph (c) of subsection (2) of section
10 865.09, Florida Statutes, is amended to read:
11 865.09 Fictitious name registration.--
12 (2) DEFINITIONS.--As used in this section:
13 (c) "Division" means the Division of State Recordings
14 Corporations of the Department of State.
15 Section 39. The following programs, functions, and
16 activities are hereby transferred by a type two transfer, as
17 defined in section 20.06(2), Florida Statutes, from the
18 Department of State to the Office of Tourism, Trade, and
19 Economic Development within the Executive Office of the
20 Governor:
21 (1) The provision of assistance and facilities to the
22 Organization of American States, as authorized and governed by
23 section 15.17, Florida Statutes, as that section exists on
24 June 30, 2004.
25 (2) State protocol officer functions, as authorized
26 and governed by section 15.19, Florida Statutes, as that
27 section exists on June 30, 2004.
28 (3) International development outreach activities in
29 Latin America and the Caribbean Basin, as authorized and
30 governed by section 288.0251, Florida Statutes.
31
40
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 (4) The Florida Intergovernmental Relations
2 Foundation, as authorized an governed by section 288.809,
3 Florida Statutes.
4 (5) Intergovernmental relations functions, as
5 authorized and governed by section 288.816, Florida Statutes.
6 Notwithstanding section 20.06(2), Florida Statutes, trust
7 funds associated with these programs, functions, and
8 activities shall remain within the Department of State.
9 Section 40. Linkage institutes between postsecondary
10 institutions in this state and foreign countries, as
11 authorized and governed by section 288.817, Florida Statutes,
12 are transferred by a type two transfer, as defined in section
13 20.06(2), Florida Statutes, from the Department of State to
14 the Department of Education. Notwithstanding section 20.06(2),
15 Florida Statutes, trust funds associated with these institutes
16 shall remain within the Department of State.
17 Section 41. Sections 15.0913, 15.17, 15.19, 265.51,
18 265.52, 265.53, 265.54, 265.55, and 265.56, Florida Statutes,
19 are repealed.
20 Section 42. If any provision of this act or its
21 application to any person or circumstance is held invalid, the
22 invalidity does not affect other provisions or applications of
23 the act which can be given effect without the invalid
24 provision or application, and to this end the provisions of
25 this act are severable.
26 Section 43. Except as otherwise expressly provided in
27 this act, this act shall take effect July 1, 2004.
28
29
30
31
41
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS/SB 1652
5-2484C-04
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 1652
3
4 Permits the Secretary of State to appoint an assistant
secretary and two deputies.
5
Changes the "Division of Corporations" to the "Division of
6 State Recordings."
7 Establishes the Bureau of Central Computing Support Services
within the Division of Administration.
8
Encourages cross-training of grants services personnel and
9 encourages computerization of grant application processes.
Requires the use of uniform grant processes and forms, where
10 appropriate.
11 Designates the Director of the Office of Tourism, Trade, and
Economic Development to serve as the state protocol officer
12 and authorizes that office to provide assistance and
facilities to the Organization of American States in
13 establishing and maintaining a regional headquarters in
Florida.
14
Transfer administration of linkage institutes between
15 postsecondary institutions and foreign countries to the
Department of Education.
16
Requires local public libraries to enforce an Internet safety
17 policy that provides for the installation of Internet
filtering software.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
42
CODING: Words stricken are deletions; words underlined are additions.