1 | A bill to be entitled |
2 | An act relating to the Department of State; creating s. |
3 | 257.015, F.S.; providing definitions; amending s. 257.02, |
4 | F.S.; increasing membership on the State Library Council; |
5 | revising criteria for membership; revising provisions with |
6 | respect to the selection process for members; providing |
7 | for officers of the council; amending s. 257.031, F.S.; |
8 | deleting references to the State Library Council and |
9 | provisions for officers of the council; providing |
10 | additional responsibilities of the State Librarian; |
11 | amending s. 257.12, F.S.; designating the Division of |
12 | Library and Information Services as the state library |
13 | administrative agency; amending s. 257.192, F.S.; |
14 | correcting terminology; creating s. 257.43, F.S.; |
15 | providing for the establishment of a citizen support |
16 | organization to provide assistance, funding, and |
17 | promotional support for the library, archives, and records |
18 | management programs of the Division of Library and |
19 | Information Services; providing for use of administrative |
20 | services and property; requiring an annual audit; amending |
21 | s. 265.284, F.S.; designating the Division of Cultural |
22 | Affairs as the state arts administrative agency; deleting |
23 | obsolete language; amending s. 265.2865, F.S.; deleting |
24 | obsolete language; amending s. 265.606, F.S.; requiring |
25 | local sponsoring organizations to submit an annual |
26 | postaudit to the division under certain circumstances; |
27 | amending s. 265.701, F.S.; providing contract requirements |
28 | to ensure continued use as a cultural facility for a |
29 | specified period following a grant award; providing for |
30 | repayment of grant funds to the department under specified |
31 | circumstances; amending s. 265.702, F.S.; providing |
32 | contract requirements to ensure continued use as a |
33 | regional cultural facility for a specified period |
34 | following a grant award; providing for repayment of grant |
35 | funds to the department under specified circumstances; |
36 | creating s. 265.703, F.S.; providing for the establishment |
37 | of a citizen support organization to provide assistance, |
38 | funding, and promotional support for the cultural and arts |
39 | programs of the Division of Cultural Affairs; providing |
40 | for use of administrative services and property; requiring |
41 | an annual audit; amending s. 267.031, F.S.; authorizing |
42 | the Division of Historical Resources to establish an |
43 | endowment under the Florida Historical Resources Act; |
44 | removing a requirement for the establishment of historic |
45 | preservation regional offices in specific locations; |
46 | requiring the establishment of at least three historic |
47 | preservation regional offices; creating citizen advisory |
48 | boards for regional offices in lieu of citizen support |
49 | organizations; providing purpose and for appointment of |
50 | members of the advisory boards; amending s. 267.0612, |
51 | F.S.; revising provisions with respect to service as a |
52 | member of the Florida Historical Commission; amending s. |
53 | 267.0617, F.S.; providing for appointment of a grant |
54 | review panel chair under the Historic Preservation Grant |
55 | Program; amending s. 267.0619, F.S.; providing for |
56 | appointment of a grant review panel chair under the |
57 | Historical Museum Grants program; amending s. 267.0731, |
58 | F.S.; revising provisions with respect to nominations |
59 | under the Great Floridians Program; amending s. 267.13, |
60 | F.S.; providing for the adoption of rules by the Division |
61 | of Historical Resources to implement provisions governing |
62 | prohibited practices and penalties therefor; amending s. |
63 | 267.16, F.S.; removing a duty of the Division of |
64 | Historical Resources with respect to Florida Folklife |
65 | Programs; amending s. 267.173, F.S.; conforming a |
66 | reference; amending s. 267.174, F.S.; revising dates for |
67 | the first meeting of the Discovery of Florida |
68 | Quincentennial Commemoration Commission, completion of the |
69 | initial draft of the master plan, and submission of the |
70 | completed master plan; repealing s. 15.0913, F.S., which |
71 | requires the Department of State to file all Uniform |
72 | Commercial Code documents within a specified time after |
73 | receipt of such documents by the Bureau of Uniform |
74 | Commercial Code of the Division of Corporations; repealing |
75 | s. 265.51, F.S., relating to the authority of the |
76 | Department of State to make agreements to indemnify |
77 | specified items against loss or damage; repealing s. |
78 | 265.52, F.S., relating to items eligible for indemnity |
79 | agreements of the Department of State; repealing s. |
80 | 265.53, F.S., relating to application for indemnity |
81 | agreement by a nonprofit agency, institution, or |
82 | government in the state attempting to obtain |
83 | indemnification for eligible items it proposes to borrow |
84 | from a person, organization, institution, or government |
85 | not in the state; repealing s. 265.54, F.S., relating to |
86 | review by the Department of State of applications for |
87 | indemnity agreements and limits of indemnity; repealing s. |
88 | 265.55, F.S., relating to the processing by the Division |
89 | of Risk Management of the Department of Financial Services |
90 | of claims for losses covered by an indemnity agreement; |
91 | repealing s. 265.56, F.S., relating to an annual report to |
92 | the Legislature by the Department of State with respect to |
93 | current and pending claims under indemnity agreements and |
94 | the value of contracts entered into by the department |
95 | which are outstanding at the close of the fiscal year; |
96 | providing severability; providing an effective date. |
97 |
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98 | Be It Enacted by the Legislature of the State of Florida: |
99 |
|
100 | Section 1. Section 257.015, Florida Statutes, is created |
101 | to read: |
102 | 257.015 Definitions.--As used in this chapter, the term: |
103 | (1) "Department" means the Department of State. |
104 | (2) "Division" means the Division of Library and |
105 | Information Services of the Department of State. |
106 | (3) "Secretary" means the Secretary of State. |
107 | (4) "State librarian" means the person appointed by the |
108 | secretary as the director of the Division of Library and |
109 | Information Services pursuant to s. 257.031. |
110 | Section 2. Subsections (1) and (3) of section 257.02, |
111 | Florida Statutes, are amended, and subsection (4) is added to |
112 | said section, to read: |
113 | 257.02 State Library Council.-- |
114 | (1) There shall be a State Library Council to advise and |
115 | assist the Division of Library and Information Services on its |
116 | programs and activities. The council shall consist of nine seven |
117 | members who shall be appointed by the Secretary of State. Of the |
118 | nine members at least one member of the council must represent a |
119 | Florida library professional association, at least one must |
120 | represent a Florida archive professional association, at least |
121 | one must represent a Florida records management professional |
122 | association, be a person who is 60 years of age or older; and at |
123 | least one member of the council must be a person who is not, and |
124 | has never been, employed in a library or in teaching library |
125 | science courses. Members shall be appointed for 4-year terms. A |
126 | vacancy on the council shall be filled for the period of the |
127 | unexpired term. No person may be appointed to serve more than |
128 | two consecutive terms as a member of the council. The Secretary |
129 | of State may remove from office any council member for |
130 | malfeasance, misfeasance, neglect of duty, incompetence, |
131 | permanent inability to perform official duties, or pleading |
132 | guilty or nolo contendere to, or being found guilty of, a |
133 | felony. In addition to, and at the request of, the members of |
134 | the council appointed by the Secretary of State, the president- |
135 | elect of the Florida Library Association may serve as a member |
136 | of the council in a nonvoting capacity during his or her term as |
137 | president-elect. |
138 | (3) The Secretary of State may, in making appointments, |
139 | consult Florida's library, archival, or records management |
140 | community the Florida Library Association and related statewide |
141 | associations and organizations for suggestions as to persons |
142 | having special knowledge and interest concerning libraries. |
143 | (4) The officers of the State Library Council shall be a |
144 | chair, elected from the members thereof, and the State |
145 | Librarian, who shall serve without voting rights as secretary of |
146 | the council. |
147 | Section 3. Section 257.031, Florida Statutes, is amended |
148 | to read: |
149 | 257.031 State Librarian Organization of council; |
150 | appointment and duties of State Librarian.-- |
151 | (1) The officers of the State Library Council shall be a |
152 | chair, elected from the members thereof, and the State |
153 | Librarian, who shall serve without voting rights as secretary of |
154 | the council. The State Librarian shall be appointed by the |
155 | Secretary of State, shall have completed a library school |
156 | program accredited by the American Library Association, and |
157 | shall serve as the director of the Division of Library and |
158 | Information Services of the Department of State. The Secretary |
159 | of State may, in making the appointment of State Librarian, |
160 | consult the members of the State Library Council. |
161 | (2) The State Librarian shall: |
162 | (a) Keep a record of the proceedings of the State Library |
163 | Council; |
164 | (b) Keep an accurate account of the financial transactions |
165 | of the division; |
166 | (c) Have charge of the work of the division in organizing |
167 | new libraries and improving those already established; and |
168 | (d) In general, perform such duties as may, from time to |
169 | time, be assigned to him or her by the Secretary of State; and. |
170 | (e) Manage operations of the programs assigned by law to |
171 | the division. |
172 | Section 4. Section 257.12, Florida Statutes, is amended to |
173 | read: |
174 | 257.12 Division of Library and Information Services |
175 | authorized to accept and expend federal funds.-- |
176 | (1) The Division of Library and Information Services of |
177 | the Department of State is designated as the state library |
178 | administrative agency authorized to accept, receive, administer, |
179 | and expend any moneys, materials, or any other aid granted, |
180 | appropriated, or made available by the United States or any of |
181 | its agencies for the purpose of giving aid to libraries and |
182 | providing educational library service in the state. |
183 | (2) The division is authorized to file any accounts |
184 | required by federal law or regulation with reference to |
185 | receiving and administering all such moneys, materials, and |
186 | other aid for said purposes; provided, however, that the |
187 | acceptance of such moneys, materials, and other aid shall not |
188 | deprive the state from complete control and supervision of its |
189 | library. |
190 | Section 5. Section 257.192, Florida Statutes, is amended |
191 | to read: |
192 | 257.192 Program grants.--The Division of Library and |
193 | Information Services is authorized to accept and administer |
194 | appropriations for library program grants and to make such |
195 | grants in accordance with the Florida long-range plan program |
196 | for library services. |
197 | Section 6. Section 257.43, Florida Statutes, is created to |
198 | read: |
199 | 257.43 Citizen support organization; use of state |
200 | administrative services and property; audit.-- |
201 | (1) CITIZEN SUPPORT ORGANIZATION.--The division may |
202 | support the establishment of a citizen support organization to |
203 | provide assistance, funding, and promotional support for the |
204 | library, archives, and records management programs of the |
205 | division. For the purposes of this section, a "citizen support |
206 | organization" means an organization which is: |
207 | (a) A Florida corporation not for profit incorporated |
208 | under the provisions of chapter 617 and approved by the |
209 | Department of State. |
210 | (b) Organized and operated to conduct programs and |
211 | activities; raise funds; request and receive grants, gifts, and |
212 | bequests of money; acquire, receive, hold, invest, and |
213 | administer, in its own name, securities, funds, objects of |
214 | value, or other property, real or personal; and make |
215 | expenditures to or for the direct or indirect benefit of the |
216 | division or individual program units of the division. |
217 | (c) Determined by the division to be consistent with the |
218 | goals of the division and in the best interests of the state. |
219 | (d) Approved in writing by the division to operate for the |
220 | direct or indirect benefit of the division. Such approval shall |
221 | be given in a letter of agreement from the division. |
222 | (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.-- |
223 | (a) The division may fix and collect charges for the |
224 | rental of facilities and properties managed by the division and |
225 | may permit, without charge, appropriate use of administrative |
226 | services, property, and facilities of the division by a citizen |
227 | support organization, subject to the provisions of this section. |
228 | Such use must be directly in keeping with the approved purposes |
229 | of the citizen support organization and may not be made at times |
230 | or places that would unreasonably interfere with opportunities |
231 | for the general public to use such facilities for established |
232 | purposes. Any moneys received from rentals of facilities and |
233 | properties managed by the division may be held in the operating |
234 | trust fund of the division or in a separate depository account |
235 | in the name of the citizen support organization and subject to |
236 | the provisions of the letter of agreement with the division. |
237 | (b) The division may prescribe by rule any condition with |
238 | which a citizen support organization shall comply in order to |
239 | use division administrative services, property, or facilities. |
240 | (c) The division shall not permit the use of any |
241 | administrative services, property, or facilities of the state by |
242 | a citizen support organization which does not provide equal |
243 | membership and employment opportunities to all persons |
244 | regardless of race, color, religion, sex, age, or national |
245 | origin. |
246 | (3) ANNUAL AUDIT.--The citizen support organization shall |
247 | provide for an annual financial audit in accordance with s. |
248 | 215.981. |
249 | Section 7. Subsection (1) and paragraph (d) of subsection |
250 | (3) of section 265.284, Florida Statutes, are amended, |
251 | subsection (7) is renumbered as subsection (6), and present |
252 | subsection (6) of said section is amended, to read: |
253 | 265.284 Chief cultural officer; director of division; |
254 | powers and duties.-- |
255 | (1) The Secretary of State is the shall be chief cultural |
256 | officer of the state, and the Division of Cultural Affairs is |
257 | designated as the state arts administrative agency. |
258 | (3) The Division of Cultural Affairs shall have direct |
259 | administrative authority and responsibility for all of the |
260 | programs authorized by this act. In furtherance thereof, the |
261 | division shall have the authority to: |
262 | (d) On request, or at its own initiative, consult with and |
263 | advise other individuals, groups, organizations, or state |
264 | agencies and officials, particularly the Governor and the |
265 | Cabinet, concerning the acquisition by gift or purchase of fine |
266 | art works, the appropriate use and display of state-owned art |
267 | treasures for maximum public benefit, and the suitability of any |
268 | structures or fixtures, including framing, primarily intended |
269 | for ornamental or decorative purposes in public buildings. |
270 | (6) Subject to funding by the Legislature, there are |
271 | created the State Orchestra Program, State Dance Program, and |
272 | State Opera Program, each to be administered as part of, and |
273 | under the direct supervision of, the Division of Cultural |
274 | Affairs. |
275 | Section 8. Subsection (4) of section 265.2865, Florida |
276 | Statutes, is amended to read: |
277 | 265.2865 Florida Artists Hall of Fame.-- |
278 | (4) In the first year, the Secretary of State shall name |
279 | no more than 12 members to the Florida Artists Hall of Fame. |
280 | Thereafter, The Secretary of State shall name no more than four |
281 | members to the Florida Artists Hall of Fame in any one 1 year. |
282 | Section 9. Paragraph (c) is added to subsection (4) of |
283 | section 265.606, Florida Statutes, to read: |
284 | 265.606 Cultural Endowment Program; administration; |
285 | qualifying criteria; matching fund program levels; |
286 | distribution.-- |
287 | (4) Once the secretary has determined that the sponsoring |
288 | organization has complied with the criteria imposed by this |
289 | section, he or she may authorize the transfer of the appropriate |
290 | state matching funds to the organization. However, the secretary |
291 | shall ensure that the local group has made prudent arrangements |
292 | for the trusteeship of the entire endowment, and such |
293 | trusteeship is hereby created. The sponsoring organization may |
294 | then expend moneys in the endowment program fund, subject to the |
295 | following requirements: |
296 | (c) Any contract administered under this section shall |
297 | require the local sponsoring organization to submit to the |
298 | division an annual postaudit of its financial accounts conducted |
299 | by an independent certified public accountant. |
300 | Section 10. Subsection (4) of section 265.701, Florida |
301 | Statutes, is renumbered as subsection (5), and a new subsection |
302 | (4) is added to said section, to read: |
303 | 265.701 Cultural facilities; grants for acquisition, |
304 | renovation, or construction; funding; approval; allocation.-- |
305 | (4) Any contract administered under this section shall |
306 | require the recordation of a restrictive covenant by the grantee |
307 | and property owner or the purchase of a bond as prescribed by |
308 | rule to ensure that the facility continues to be used as a |
309 | cultural facility for a period of 10 years following the grant |
310 | award. If the facility ceases to be used as a cultural facility |
311 | during the 10 years following the grant award, the grant funds |
312 | shall be repaid to the department according to an amortization |
313 | schedule set forth in rule. |
314 | Section 11. Subsection (8) of section 265.702, Florida |
315 | Statutes, is renumbered as subsection (9), and a new subsection |
316 | (8) is added to said section, to read: |
317 | 265.702 Regional cultural facilities; grants for |
318 | acquisition, renovation, or construction; funding; approval; |
319 | allocation.-- |
320 | (8) Any contract administered under this section shall |
321 | require the recordation of a restrictive covenant by the grantee |
322 | and property owner or the purchase of a bond as prescribed by |
323 | rule to ensure that the facility continues to be used as a |
324 | regional cultural facility for a period of 10 years following |
325 | the grant award. If the facility ceases to be used as a regional |
326 | cultural facility during the 10 years following the grant award, |
327 | the grant funds shall be repaid to the department according to |
328 | an amortization schedule set forth in rule. |
329 | Section 12. Section 265.703, Florida Statutes, is created |
330 | to read: |
331 | 265.703 Citizen support organization; use of state |
332 | administrative services and property; audit.-- |
333 | (1) CITIZEN SUPPORT ORGANIZATION.--The division may |
334 | support the establishment of a citizen support organization to |
335 | provide assistance, funding, and promotional support for the |
336 | cultural and arts programs of the division. For the purposes of |
337 | this section, a "citizen support organization" means an |
338 | organization which is: |
339 | (a) A Florida corporation not for profit incorporated |
340 | under the provisions of chapter 617 and approved by the |
341 | Department of State. |
342 | (b) Organized and operated to conduct programs and |
343 | activities; raise funds; request and receive grants, gifts, and |
344 | bequests of money; acquire, receive, hold, invest, and |
345 | administer, in its own name, securities, funds, objects of |
346 | value, or other property, real or personal; and make |
347 | expenditures to or for the direct or indirect benefit of the |
348 | division or individual program units of the division. |
349 | (c) Determined by the division to be consistent with the |
350 | goals of the division and in the best interests of the state. |
351 | (d) Approved in writing by the division to operate for the |
352 | direct or indirect benefit of the division. Such approval shall |
353 | be given in a letter of agreement from the division. |
354 | (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.-- |
355 | (a) The division may fix and collect charges for the |
356 | rental of facilities and properties managed by the division and |
357 | may permit, without charge, appropriate use of administrative |
358 | services, property, and facilities of the division by a citizen |
359 | support organization, subject to the provisions of this section. |
360 | Such use must be directly in keeping with the approved purposes |
361 | of the citizen support organization and may not be made at times |
362 | or places that would unreasonably interfere with opportunities |
363 | for the general public to use such facilities for established |
364 | purposes. Any moneys received from rentals of facilities and |
365 | properties managed by the division may be held in the operating |
366 | trust fund of the division or in a separate depository account |
367 | in the name of the citizen support organization and subject to |
368 | the provisions of the letter of agreement with the division. |
369 | (b) The division may prescribe by rule any condition with |
370 | which a citizen support organization shall comply in order to |
371 | use division administrative services, property, or facilities. |
372 | (c) The division shall not permit the use of any |
373 | administrative services, property, or facilities of the state by |
374 | a citizen support organization which does not provide equal |
375 | membership and employment opportunities to all persons |
376 | regardless of race, color, religion, sex, age, or national |
377 | origin. |
378 | (3) ANNUAL AUDIT.--The citizen support organization shall |
379 | provide for an annual financial audit in accordance with s. |
380 | 215.981. |
381 | Section 13. Subsection (3) and paragraph (m) of subsection |
382 | (5) of section 267.031, Florida Statutes, are amended to read: |
383 | 267.031 Division of Historical Resources; powers and |
384 | duties.-- |
385 | (3) The division may accept gifts, grants, bequests, |
386 | loans, and endowments for purposes not inconsistent with its |
387 | responsibilities under this chapter. The division may also |
388 | establish an endowment that is consistent with the |
389 | responsibilities of this chapter. |
390 | (5) It is the responsibility of the division to: |
391 | (m) Establish regional offices for the purpose of |
392 | assisting the division in the delivery of historic preservation |
393 | services to the counties and municipalities of the state and to |
394 | the citizens of the State of Florida. Historic preservation |
395 | regional offices shall be established in at least three St. |
396 | Augustine, Tampa, Palm Beach County, and in other areas of the |
397 | state which the division deems appropriate. For each regional |
398 | office established, the division shall establish a citizen |
399 | advisory board to provide assistance, advice, and |
400 | recommendations to the regional office support organization in |
401 | accordance with s. 267.17. The members board of directors of |
402 | each citizen advisory board support organization shall be |
403 | appointed by the Secretary of State. |
404 | Section 14. Paragraph (a) of subsection (1) and subsection |
405 | (2) of section 267.0612, Florida Statutes, are amended to read: |
406 | 267.0612 Florida Historical Commission; creation; |
407 | membership; powers and duties.--In order to enhance public |
408 | participation and involvement in the preservation and protection |
409 | of the state's historic and archaeological sites and properties, |
410 | there is created within the Department of State the "Florida |
411 | Historical Commission." The commission shall serve in an |
412 | advisory capacity to the director of the Division of Historical |
413 | Resources to assist the director in carrying out the purposes, |
414 | duties, and responsibilities of the division, as specified in |
415 | this chapter. |
416 | (1)(a) The commission shall be composed of 11 members. |
417 | Seven members shall be appointed by the Governor in consultation |
418 | with the Secretary of State, two members shall be appointed by |
419 | the President of the Senate, and two members shall be appointed |
420 | by the Speaker of the House of Representatives. Of the seven |
421 | members appointed by the Governor, one member must be a licensed |
422 | architect who has expertise in historic preservation and |
423 | architectural history; one member must be a professional |
424 | historian in the field of American history; one member must be a |
425 | professional architectural historian; one member must be an |
426 | archaeologist specializing in the field of prehistory; and one |
427 | member must be an archaeologist specializing in the historic |
428 | period. The remaining two members appointed by the Governor and |
429 | the two members appointed by the President of the Senate and the |
430 | Speaker of the House of Representatives, respectively, must be |
431 | representatives of the general public with demonstrated interest |
432 | in the preservation of Florida's historical and archaeological |
433 | heritage. At least one member of the commission shall be a |
434 | resident of a county that has a population of 75,000 or fewer |
435 | less. |
436 | (2) Commission members appointed by the President of the |
437 | Senate and the Speaker of the House of Representatives shall be |
438 | appointed for 2-year terms. Additionally, these commission |
439 | members shall serve as the legislative historic preservation |
440 | advisory body to the Speaker of the House of Representatives and |
441 | the President of the Senate with respect to the collection and |
442 | preservation of the historic records of both houses of the |
443 | Legislature. Commission members appointed by the Governor shall |
444 | be appointed to 4-year terms. A member whose term has expired |
445 | shall continue to serve on the commission until such time as a |
446 | replacement is appointed. Vacancies shall be filled for the |
447 | remainder of the term and by the original appointing authority. |
448 | Section 15. Subsection (3) of section 267.0617, Florida |
449 | Statutes, is amended to read: |
450 | 267.0617 Historic Preservation Grant Program.-- |
451 | (3) All grants of state funds to assist in the |
452 | preservation of historic properties shall be made from the |
453 | Historical Resources Operating Trust Fund and may be awarded |
454 | only pursuant to applications for such assistance made to the |
455 | Division of Historical Resources. The Florida Historical |
456 | Commission shall review each application for a special category |
457 | historic preservation grant-in-aid. Special category historic |
458 | preservation grants-in-aid are those reviewed and recommended by |
459 | the Secretary of State for submission for legislative funding |
460 | consideration. Grant review panels appointed by the Secretary of |
461 | State and chaired by a member of the Florida Historical |
462 | Commission or a designee appointed by the commission's presiding |
463 | officer shall review each application for other historic |
464 | preservation grants-in-aid. The reviewing body shall submit |
465 | annually to the Secretary of State for approval lists of all |
466 | applications that are recommended by the reviewing body for the |
467 | award of grants, arranged in order of priority. |
468 | Section 16. Subsection (3) of section 267.0619, Florida |
469 | Statutes, is amended to read: |
470 | 267.0619 Historical Museum Grants.-- |
471 | (3) An application for a grant must be made to the |
472 | division on a form provided by the division. The division shall |
473 | adopt rules prescribing categories of grants, application |
474 | requirements, criteria and procedures for the review and |
475 | evaluation of applications, and other procedures necessary for |
476 | the administration of the program, subject to the requirements |
477 | of this section. Grant review panels appointed by the Secretary |
478 | of State and chaired by a member of the Florida Historical |
479 | Commission or a designee appointed by the commission's presiding |
480 | officer shall review each application for a museum grant-in-aid. |
481 | The review panel shall submit to the Secretary of State for |
482 | approval lists of all applications that are recommended by the |
483 | panel for the award of grants, arranged in order of priority. |
484 | The division may award a grant to a Florida history museum only |
485 | if the award has been approved by the Secretary of State. |
486 | Section 17. Paragraphs (b) and (c) of subsection (1) of |
487 | section 267.0731, Florida Statutes, are amended to read: |
488 | 267.0731 Great Floridians Program.--The division shall |
489 | establish and administer a program, to be entitled the Great |
490 | Floridians Program, which shall be designed to recognize and |
491 | record the achievements of Floridians, living and deceased, who |
492 | have made major contributions to the progress and welfare of |
493 | this state. |
494 | (1) The division shall nominate present or former citizens |
495 | of this state, living or deceased, who during their lives have |
496 | made major contributions to the progress of the nation or this |
497 | state and its citizens. Nominations shall be submitted to the |
498 | Secretary of State who shall select from those nominated not |
499 | less than two persons each year who shall be honored with the |
500 | designation "Great Floridian," provided no person whose |
501 | contributions have been through elected or appointed public |
502 | service shall be selected while holding any such office. |
503 | (b) In formulating its nominations, the division shall |
504 | also seek the assistance of the organization Museum of Florida |
505 | History Foundation, Inc., or its successor, acting in the |
506 | capacity as a citizen support organization of the division, |
507 | pursuant to s. 267.17 and approved to act on behalf of the |
508 | Museum of Florida History. |
509 | (c) Annually, the division shall convene an ad hoc |
510 | committee composed of representatives of the Governor, each |
511 | member of the Florida Cabinet, the President of the Senate, the |
512 | Speaker of the House of Representatives, and the organization |
513 | described in paragraph (b) Museum of Florida History Foundation, |
514 | Inc. This committee shall meet at least twice. The committee |
515 | shall nominate not fewer than two persons whose names shall be |
516 | submitted to the Secretary of State with the recommendation that |
517 | they be honored with the designation "Great Floridian." |
518 | Section 18. Paragraph (e) is added to subsection (2) of |
519 | section 267.13, Florida Statutes, to read: |
520 | 267.13 Prohibited practices; penalties.-- |
521 | (2) |
522 | (e) The division shall adopt rules pursuant to ss. |
523 | 120.536(1) and 120.54 to implement the provisions of this |
524 | section. |
525 | Section 19. Subsections (4) and (5) of section 267.16, |
526 | Florida Statutes, are renumbered as subsections (3) and (4), |
527 | respectively, and subsection (3) of said section is amended to |
528 | read: |
529 | 267.16 Florida Folklife Programs.--It is the duty and |
530 | responsibility of the division to: |
531 | (3) Use the facilities at the Stephen Foster State Folk |
532 | Culture Center as the primary location of the annual Florida |
533 | Folk Festival. |
534 | Section 20. Subsection (5) of section 267.173, Florida |
535 | Statutes, is amended to read: |
536 | 267.173 Historic preservation in West Florida; goals; |
537 | contracts for historic preservation; powers and duties.-- |
538 | (5) The Division of Historical Resources in the Department |
539 | of State may contract with the University of West Florida to |
540 | serve as the regional office for the West Florida region of the |
541 | state from the Apalachicola River to the western boundaries of |
542 | the state. In lieu of the establishment of a citizen advisory |
543 | board support organization as required by s. 267.031(5)(m), the |
544 | University of West Florida may use an existing direct-support |
545 | organization of the university provided that the membership of |
546 | the direct-support organization is representative of the area of |
547 | the state to be served and provides the needed expertise in the |
548 | area of historic preservation. |
549 | Section 21. Paragraph (d) of subsection (5) and paragraph |
550 | (c) of subsection (7) of section 267.174, Florida Statutes, are |
551 | amended to read: |
552 | 267.174 Discovery of Florida Quincentennial Commemoration |
553 | Commission.-- |
554 | (5) OFFICERS; BYLAWS; MEETINGS.-- |
555 | (d) The initial meeting of the commission shall be held no |
556 | later than January 31, 2007 2006. Subsequent meetings shall be |
557 | held upon the call of the chair or vice chair acting in the |
558 | absence of the chair, and in accordance with the commission's |
559 | bylaws. |
560 | (7) DUTIES; MASTER PLAN.-- |
561 | (c) The commission shall establish a timetable and budget |
562 | for completion for all parts of the master plan which shall be |
563 | made a part of the plan. An initial draft of the plan shall be |
564 | completed and submitted to the Governor, the President of the |
565 | Senate, the Speaker of the House of Representatives, and the |
566 | Secretary of State by January 2008 2007 with the completed |
567 | master plan submitted to such officials by January 2009 2008. |
568 | Section 22. Sections 15.0913, 265.51, 265.52, 265.53, |
569 | 265.54, 265.55, and 265.56, Florida Statutes, are repealed. |
570 | Section 23. If any provision of this act or the |
571 | application thereof to any person or circumstance is held |
572 | invalid, the invalidity shall not affect other provisions or |
573 | applications of the act which can be given effect without the |
574 | invalid provision or application, and to this end the provisions |
575 | of this act are declared severable. |
576 | Section 24. This act shall take effect July 1, 2005. |