| 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 |
|
| 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. The |
| 237 | letter of agreement shall provide that any funds held in the |
| 238 | separate depository account in the name of the citizen support |
| 239 | organization shall revert to the division if the citizen support |
| 240 | organization is no longer approved by the division to operate in |
| 241 | the best interests of the state. |
| 242 | (b) The division may prescribe by rule any condition with |
| 243 | which a citizen support organization shall comply in order to |
| 244 | use division administrative services, property, or facilities. |
| 245 | (c) The division shall not permit the use of any |
| 246 | administrative services, property, or facilities of the state by |
| 247 | a citizen support organization which does not provide equal |
| 248 | membership and employment opportunities to all persons |
| 249 | regardless of race, color, religion, sex, age, or national |
| 250 | origin. |
| 251 | (3) ANNUAL AUDIT.--The citizen support organization shall |
| 252 | provide for an annual financial audit in accordance with s. |
| 253 | 215.981. |
| 254 | Section 7. Subsection (1) and paragraph (d) of subsection |
| 255 | (3) of section 265.284, Florida Statutes, are amended, |
| 256 | subsection (7) is renumbered as subsection (6), and present |
| 257 | subsection (6) of said section is amended, to read: |
| 258 | 265.284 Chief cultural officer; director of division; |
| 259 | powers and duties.-- |
| 260 | (1) The Secretary of State is the shall be chief cultural |
| 261 | officer of the state, and the Division of Cultural Affairs is |
| 262 | designated as the state arts administrative agency. |
| 263 | (3) The Division of Cultural Affairs shall have direct |
| 264 | administrative authority and responsibility for all of the |
| 265 | programs authorized by this act. In furtherance thereof, the |
| 266 | division shall have the authority to: |
| 267 | (d) On request, or at its own initiative, consult with and |
| 268 | advise other individuals, groups, organizations, or state |
| 269 | agencies and officials, particularly the Governor and the |
| 270 | Cabinet, concerning the acquisition by gift or purchase of fine |
| 271 | art works, the appropriate use and display of state-owned art |
| 272 | treasures for maximum public benefit, and the suitability of any |
| 273 | structures or fixtures, including framing, primarily intended |
| 274 | for ornamental or decorative purposes in public buildings. |
| 275 | (6) Subject to funding by the Legislature, there are |
| 276 | created the State Orchestra Program, State Dance Program, and |
| 277 | State Opera Program, each to be administered as part of, and |
| 278 | under the direct supervision of, the Division of Cultural |
| 279 | Affairs. |
| 280 | Section 8. Subsection (4) of section 265.2865, Florida |
| 281 | Statutes, is amended to read: |
| 282 | 265.2865 Florida Artists Hall of Fame.-- |
| 283 | (4) In the first year, the Secretary of State shall name |
| 284 | no more than 12 members to the Florida Artists Hall of Fame. |
| 285 | Thereafter, The Secretary of State shall name no more than four |
| 286 | members to the Florida Artists Hall of Fame in any one 1 year. |
| 287 | Section 9. Paragraph (c) is added to subsection (4) of |
| 288 | section 265.606, Florida Statutes, to read: |
| 289 | 265.606 Cultural Endowment Program; administration; |
| 290 | qualifying criteria; matching fund program levels; |
| 291 | distribution.-- |
| 292 | (4) Once the secretary has determined that the sponsoring |
| 293 | organization has complied with the criteria imposed by this |
| 294 | section, he or she may authorize the transfer of the appropriate |
| 295 | state matching funds to the organization. However, the secretary |
| 296 | shall ensure that the local group has made prudent arrangements |
| 297 | for the trusteeship of the entire endowment, and such |
| 298 | trusteeship is hereby created. The sponsoring organization may |
| 299 | then expend moneys in the endowment program fund, subject to the |
| 300 | following requirements: |
| 301 | (c) Any contract administered under this section shall |
| 302 | require the local sponsoring organization to submit to the |
| 303 | division an annual postaudit of its financial accounts conducted |
| 304 | by an independent certified public accountant. |
| 305 | Section 10. Subsection (4) of section 265.701, Florida |
| 306 | Statutes, is renumbered as subsection (5), and a new subsection |
| 307 | (4) is added to said section, to read: |
| 308 | 265.701 Cultural facilities; grants for acquisition, |
| 309 | renovation, or construction; funding; approval; allocation.-- |
| 310 | (4) Any contract administered under this section shall |
| 311 | require the recordation of a restrictive covenant by the grantee |
| 312 | and property owner or the purchase of a bond as prescribed by |
| 313 | rule to ensure that the facility continues to be used as a |
| 314 | cultural facility for a period of 10 years following the grant |
| 315 | award. If the facility ceases to be used as a cultural facility |
| 316 | during the 10 years following the grant award, the grant funds |
| 317 | shall be repaid to the department according to an amortization |
| 318 | schedule set forth in rule. |
| 319 | Section 11. Subsection (8) of section 265.702, Florida |
| 320 | Statutes, is renumbered as subsection (9), and a new subsection |
| 321 | (8) is added to said section, to read: |
| 322 | 265.702 Regional cultural facilities; grants for |
| 323 | acquisition, renovation, or construction; funding; approval; |
| 324 | allocation.-- |
| 325 | (8) Any contract administered under this section shall |
| 326 | require the recordation of a restrictive covenant by the grantee |
| 327 | and property owner or the purchase of a bond as prescribed by |
| 328 | rule to ensure that the facility continues to be used as a |
| 329 | regional cultural facility for a period of 10 years following |
| 330 | the grant award. If the facility ceases to be used as a regional |
| 331 | cultural facility during the 10 years following the grant award, |
| 332 | the grant funds shall be repaid to the department according to |
| 333 | an amortization schedule set forth in rule. |
| 334 | Section 12. Section 265.703, Florida Statutes, is created |
| 335 | to read: |
| 336 | 265.703 Citizen support organization; use of state |
| 337 | administrative services and property; audit.-- |
| 338 | (1) CITIZEN SUPPORT ORGANIZATION.--The division may |
| 339 | support the establishment of a citizen support organization to |
| 340 | provide assistance, funding, and promotional support for the |
| 341 | cultural and arts programs of the division. For the purposes of |
| 342 | this section, a "citizen support organization" means an |
| 343 | organization which is: |
| 344 | (a) A Florida corporation not for profit incorporated |
| 345 | under the provisions of chapter 617 and approved by the |
| 346 | Department of State. |
| 347 | (b) Organized and operated to conduct programs and |
| 348 | activities; raise funds; request and receive grants, gifts, and |
| 349 | bequests of money; acquire, receive, hold, invest, and |
| 350 | administer, in its own name, securities, funds, objects of |
| 351 | value, or other property, real or personal; and make |
| 352 | expenditures to or for the direct or indirect benefit of the |
| 353 | division or individual program units of the division. |
| 354 | (c) Determined by the division to be consistent with the |
| 355 | goals of the division and in the best interests of the state. |
| 356 | (d) Approved in writing by the division to operate for the |
| 357 | direct or indirect benefit of the division. Such approval shall |
| 358 | be given in a letter of agreement from the division. |
| 359 | (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.-- |
| 360 | (a) The division may fix and collect charges for the |
| 361 | rental of facilities and properties managed by the division and |
| 362 | may permit, without charge, appropriate use of administrative |
| 363 | services, property, and facilities of the division by a citizen |
| 364 | support organization, subject to the provisions of this section. |
| 365 | Such use must be directly in keeping with the approved purposes |
| 366 | of the citizen support organization and may not be made at times |
| 367 | or places that would unreasonably interfere with opportunities |
| 368 | for the general public to use such facilities for established |
| 369 | purposes. Any moneys received from rentals of facilities and |
| 370 | properties managed by the division may be held in the operating |
| 371 | trust fund of the division or in a separate depository account |
| 372 | in the name of the citizen support organization and subject to |
| 373 | the provisions of the letter of agreement with the division. The |
| 374 | letter of agreement shall provide that any funds held in the |
| 375 | separate depository account in the name of the citizen support |
| 376 | organization shall revert to the division if the citizen support |
| 377 | organization is no longer approved by the division to operate in |
| 378 | the best interests of the state. |
| 379 | (b) The division may prescribe by rule any condition with |
| 380 | which a citizen support organization shall comply in order to |
| 381 | use division administrative services, property, or facilities. |
| 382 | (c) The division shall not permit the use of any |
| 383 | administrative services, property, or facilities of the state by |
| 384 | a citizen support organization which does not provide equal |
| 385 | membership and employment opportunities to all persons |
| 386 | regardless of race, color, religion, sex, age, or national |
| 387 | origin. |
| 388 | (3) ANNUAL AUDIT.--The citizen support organization shall |
| 389 | provide for an annual financial audit in accordance with s. |
| 390 | 215.981. |
| 391 | Section 13. Subsection (3) and paragraph (m) of subsection |
| 392 | (5) of section 267.031, Florida Statutes, are amended to read: |
| 393 | 267.031 Division of Historical Resources; powers and |
| 394 | duties.-- |
| 395 | (3) The division may accept gifts, grants, bequests, |
| 396 | loans, and endowments for purposes not inconsistent with its |
| 397 | responsibilities under this chapter. The division may also |
| 398 | establish an endowment that is consistent with the |
| 399 | responsibilities of this chapter. |
| 400 | (5) It is the responsibility of the division to: |
| 401 | (m) Establish regional offices for the purpose of |
| 402 | assisting the division in the delivery of historic preservation |
| 403 | services to the counties and municipalities of the state and to |
| 404 | the citizens of the State of Florida. Historic preservation |
| 405 | regional offices shall be established in at least three St. |
| 406 | Augustine, Tampa, Palm Beach County, and in other areas of the |
| 407 | state which the division deems appropriate. For each regional |
| 408 | office established, the division shall establish a citizen |
| 409 | advisory board to provide assistance, advice, and |
| 410 | recommendations to the regional office support organization in |
| 411 | accordance with s. 267.17. The members board of directors of |
| 412 | each citizen advisory board support organization shall be |
| 413 | appointed by the Secretary of State. |
| 414 | Section 14. Paragraph (a) of subsection (1) and subsection |
| 415 | (2) of section 267.0612, Florida Statutes, are amended to read: |
| 416 | 267.0612 Florida Historical Commission; creation; |
| 417 | membership; powers and duties.--In order to enhance public |
| 418 | participation and involvement in the preservation and protection |
| 419 | of the state's historic and archaeological sites and properties, |
| 420 | there is created within the Department of State the "Florida |
| 421 | Historical Commission." The commission shall serve in an |
| 422 | advisory capacity to the director of the Division of Historical |
| 423 | Resources to assist the director in carrying out the purposes, |
| 424 | duties, and responsibilities of the division, as specified in |
| 425 | this chapter. |
| 426 | (1)(a) The commission shall be composed of 11 members. |
| 427 | Seven members shall be appointed by the Governor in consultation |
| 428 | with the Secretary of State, two members shall be appointed by |
| 429 | the President of the Senate, and two members shall be appointed |
| 430 | by the Speaker of the House of Representatives. Of the seven |
| 431 | members appointed by the Governor, one member must be a licensed |
| 432 | architect who has expertise in historic preservation and |
| 433 | architectural history; one member must be a professional |
| 434 | historian in the field of American history; one member must be a |
| 435 | professional architectural historian; one member must be an |
| 436 | archaeologist specializing in the field of prehistory; and one |
| 437 | member must be an archaeologist specializing in the historic |
| 438 | period. The remaining two members appointed by the Governor and |
| 439 | the two members appointed by the President of the Senate and the |
| 440 | Speaker of the House of Representatives, respectively, must be |
| 441 | representatives of the general public with demonstrated interest |
| 442 | in the preservation of Florida's historical and archaeological |
| 443 | heritage. At least one member of the commission shall be a |
| 444 | resident of a county that has a population of 75,000 or fewer |
| 445 | less. |
| 446 | (2) Commission members appointed by the President of the |
| 447 | Senate and the Speaker of the House of Representatives shall be |
| 448 | appointed for 2-year terms. Additionally, these commission |
| 449 | members shall serve as the legislative historic preservation |
| 450 | advisory body to the Speaker of the House of Representatives and |
| 451 | the President of the Senate with respect to the collection and |
| 452 | preservation of the historic records of both houses of the |
| 453 | Legislature. Commission members appointed by the Governor shall |
| 454 | be appointed to 4-year terms. A member whose term has expired |
| 455 | shall continue to serve on the commission until such time as a |
| 456 | replacement is appointed. Vacancies shall be filled for the |
| 457 | remainder of the term and by the original appointing authority. |
| 458 | Section 15. Subsection (3) of section 267.0617, Florida |
| 459 | Statutes, is amended to read: |
| 460 | 267.0617 Historic Preservation Grant Program.-- |
| 461 | (3) All grants of state funds to assist in the |
| 462 | preservation of historic properties shall be made from the |
| 463 | Historical Resources Operating Trust Fund and may be awarded |
| 464 | only pursuant to applications for such assistance made to the |
| 465 | Division of Historical Resources. The Florida Historical |
| 466 | Commission shall review each application for a special category |
| 467 | historic preservation grant-in-aid. Special category historic |
| 468 | preservation grants-in-aid are those reviewed and recommended by |
| 469 | the Secretary of State for submission for legislative funding |
| 470 | consideration. Grant review panels appointed by the Secretary of |
| 471 | State and chaired by a member of the Florida Historical |
| 472 | Commission or a designee appointed by the commission's presiding |
| 473 | officer shall review each application for other historic |
| 474 | preservation grants-in-aid. The reviewing body shall submit |
| 475 | annually to the Secretary of State for approval lists of all |
| 476 | applications that are recommended by the reviewing body for the |
| 477 | award of grants, arranged in order of priority. |
| 478 | Section 16. Subsection (3) of section 267.0619, Florida |
| 479 | Statutes, is amended to read: |
| 480 | 267.0619 Historical Museum Grants.-- |
| 481 | (3) An application for a grant must be made to the |
| 482 | division on a form provided by the division. The division shall |
| 483 | adopt rules prescribing categories of grants, application |
| 484 | requirements, criteria and procedures for the review and |
| 485 | evaluation of applications, and other procedures necessary for |
| 486 | the administration of the program, subject to the requirements |
| 487 | of this section. Grant review panels appointed by the Secretary |
| 488 | of State and chaired by a member of the Florida Historical |
| 489 | Commission or a designee appointed by the commission's presiding |
| 490 | officer shall review each application for a museum grant-in-aid. |
| 491 | The review panel shall submit to the Secretary of State for |
| 492 | approval lists of all applications that are recommended by the |
| 493 | panel for the award of grants, arranged in order of priority. |
| 494 | The division may award a grant to a Florida history museum only |
| 495 | if the award has been approved by the Secretary of State. |
| 496 | Section 17. Paragraphs (b) and (c) of subsection (1) of |
| 497 | section 267.0731, Florida Statutes, are amended to read: |
| 498 | 267.0731 Great Floridians Program.--The division shall |
| 499 | establish and administer a program, to be entitled the Great |
| 500 | Floridians Program, which shall be designed to recognize and |
| 501 | record the achievements of Floridians, living and deceased, who |
| 502 | have made major contributions to the progress and welfare of |
| 503 | this state. |
| 504 | (1) The division shall nominate present or former citizens |
| 505 | of this state, living or deceased, who during their lives have |
| 506 | made major contributions to the progress of the nation or this |
| 507 | state and its citizens. Nominations shall be submitted to the |
| 508 | Secretary of State who shall select from those nominated not |
| 509 | less than two persons each year who shall be honored with the |
| 510 | designation "Great Floridian," provided no person whose |
| 511 | contributions have been through elected or appointed public |
| 512 | service shall be selected while holding any such office. |
| 513 | (b) In formulating its nominations, the division shall |
| 514 | also seek the assistance of the organization Museum of Florida |
| 515 | History Foundation, Inc., or its successor, acting in the |
| 516 | capacity as a citizen support organization of the division, |
| 517 | pursuant to s. 267.17 and approved to act on behalf of the |
| 518 | Museum of Florida History. |
| 519 | (c) Annually, the division shall convene an ad hoc |
| 520 | committee composed of representatives of the Governor, each |
| 521 | member of the Florida Cabinet, the President of the Senate, the |
| 522 | Speaker of the House of Representatives, and the organization |
| 523 | described in paragraph (b) Museum of Florida History Foundation, |
| 524 | Inc. This committee shall meet at least twice. The committee |
| 525 | shall nominate not fewer than two persons whose names shall be |
| 526 | submitted to the Secretary of State with the recommendation that |
| 527 | they be honored with the designation "Great Floridian." |
| 528 | Section 18. Paragraph (e) is added to subsection (2) of |
| 529 | section 267.13, Florida Statutes, to read: |
| 530 | 267.13 Prohibited practices; penalties.-- |
| 531 | (2) |
| 532 | (e) The division shall adopt rules pursuant to ss. |
| 533 | 120.536(1) and 120.54 to implement the provisions of this |
| 534 | section. |
| 535 | Section 19. Subsections (4) and (5) of section 267.16, |
| 536 | Florida Statutes, are renumbered as subsections (3) and (4), |
| 537 | respectively, and subsection (3) of said section is amended to |
| 538 | read: |
| 539 | 267.16 Florida Folklife Programs.--It is the duty and |
| 540 | responsibility of the division to: |
| 541 | (3) Use the facilities at the Stephen Foster State Folk |
| 542 | Culture Center as the primary location of the annual Florida |
| 543 | Folk Festival. |
| 544 | Section 20. Subsection (5) of section 267.173, Florida |
| 545 | Statutes, is amended to read: |
| 546 | 267.173 Historic preservation in West Florida; goals; |
| 547 | contracts for historic preservation; powers and duties.-- |
| 548 | (5) The Division of Historical Resources in the Department |
| 549 | of State may contract with the University of West Florida to |
| 550 | serve as the regional office for the West Florida region of the |
| 551 | state from the Apalachicola River to the western boundaries of |
| 552 | the state. In lieu of the establishment of a citizen advisory |
| 553 | board support organization as required by s. 267.031(5)(m), the |
| 554 | University of West Florida may use an existing direct-support |
| 555 | organization of the university provided that the membership of |
| 556 | the direct-support organization is representative of the area of |
| 557 | the state to be served and provides the needed expertise in the |
| 558 | area of historic preservation. |
| 559 | Section 21. Paragraph (d) of subsection (5) and paragraph |
| 560 | (c) of subsection (7) of section 267.174, Florida Statutes, are |
| 561 | amended to read: |
| 562 | 267.174 Discovery of Florida Quincentennial Commemoration |
| 563 | Commission.-- |
| 564 | (5) OFFICERS; BYLAWS; MEETINGS.-- |
| 565 | (d) The initial meeting of the commission shall be held no |
| 566 | later than January 31, 2007 2006. Subsequent meetings shall be |
| 567 | held upon the call of the chair or vice chair acting in the |
| 568 | absence of the chair, and in accordance with the commission's |
| 569 | bylaws. |
| 570 | (7) DUTIES; MASTER PLAN.-- |
| 571 | (c) The commission shall establish a timetable and budget |
| 572 | for completion for all parts of the master plan which shall be |
| 573 | made a part of the plan. An initial draft of the plan shall be |
| 574 | completed and submitted to the Governor, the President of the |
| 575 | Senate, the Speaker of the House of Representatives, and the |
| 576 | Secretary of State by January 2008 2007 with the completed |
| 577 | master plan submitted to such officials by January 2009 2008. |
| 578 | Section 22. Sections 15.0913, 265.51, 265.52, 265.53, |
| 579 | 265.54, 265.55, and 265.56, Florida Statutes, are repealed. |
| 580 | Section 23. If any provision of this act or the |
| 581 | application thereof to any person or circumstance is held |
| 582 | invalid, the invalidity shall not affect other provisions or |
| 583 | applications of the act which can be given effect without the |
| 584 | invalid provision or application, and to this end the provisions |
| 585 | of this act are declared severable. |
| 586 | Section 24. This act shall take effect July 1, 2005. |